| Subrogation in Underinsured/Uninsured Motorist Cases |
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| When an insurer pays a benefit under a policy provision for underinsured motorist coverage or uninsured motorist coverage, it is in effect paying a debt owed by the underinsured or uninsured driver, the person who is actually liable for the damages arising as a result of the event that led to the insurer having to make the payment. An insurer who makes such payments has a right, the right of subrogation, by which it is permitted to take legal action against the underinsured or uninsured motorist in an attempt to recover as much as possible of the amount the insurer has paid out. The insurer's subrogation right will only have value, as a practical matter, to the extent that the underinsured or uninsured driver has assets that can be seized by legal process to satisfy the judgment that the insurer obtains against the underinsured or uninsured driver in its subrogation action. More... |
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| Cancellation of Auto Insurance for Acquisition of New Policy |
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| If an insured acquires a new policy covering an already insured vehicle, the original insurer will have an incentive to cancel its own policy to limit its exposure and avoid having to pay a "windfall" recovery in the event that an occurrence calling for payment under the policy should take place. More... |
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| Mediation of Coverage Disputes: Uninsured and Underinsured Motorist Insurance |
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| Mediation is a form of alternative dispute resolution that can be used by an insurance company and an insured to settle a dispute between themselves regarding uninsured or underinsured motorist coverage as well as other disputes. The alternative to mediation would be a lawsuit. In mediation, a third person, who has experience with insurance disputes, meets with the insurance company and the insured to try to work out a solution on which both parties can agree. More... |
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| Liability of Car Distributor/Manufacturer in Automobile Accident Cases |
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| When an automobile accident occurs, there can be many causes. Some causes can make a car distributor or manufacturer liable for the injuries and damages in an automobile accident case. For instance, a manufacturer can be liable for damages caused by its failure to exercise reasonable care in the design of an automobile. More... |
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| Automobile "Rollover" Products Liability Cases |
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| An automobile rollover accident is known as one of the most dangerous types of accidents that vehicle occupants can experience. When the rollover accident is not fatal, the resulting injuries are serious and disabling, with paralysis and traumatic brain injury commonly reported. Vehicle rollover litigation is very complex, even when the rollover involved a single car. A rollover accident is often the result of interactions among a driver's action or non-action, the vehicle's components, the roadway, and weather conditions. Many defective design actions have been litigated involving vehicle rollover accidents. More... |
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