PIP Coverage and Disputes

Size: px
Start display at page:

Download "PIP Coverage and Disputes"

Transcription

1 PIP Coverage and Disputes September 23, 2011 Oregon State Bar CLE Thomas D Amore Billy Sime D Amore Law Group, P.C. Parks Bauer Sime Winkler & Fernety 4230 Galewood Street, Suite Liberty Street SE, Suite 200 Lake Oswego, OR Salem, OR

2 Who is Covered? ORS (1) Personal Injury Protection Private passenger motor vehicles Insured, members of insured s family living in same household, children living in insured s household Passengers occupying insured vehicle Pedestrians hit by insured vehicle PIP is a no-fault benefit 2

3 What is Covered? ORS (2)(a) Applicability of PIP benefits Applies to injury or death resulting from the use, occupancy, or maintenance of any motor vehicle Cases interpreting Individual ejected from a car and struck by another car Mackie v. Unigard Insurance Co., 90 Or App 500 (1988) Individual forced from car and then shot Carrigan v. State Farm Mutual Auto. Ins. Co., 326 Or 97 (1997) 3

4 What is Covered? (Contin.) ORS (1) Contents of PIP Benefits Medical Payments - $15,000 per person, up to one year Wage Loss 70% of income, up to $3,000/month How to calculate wage loss if self-employed Possibility of stacking Essential Services up to $30/day Funeral Expenses up to $5,000 Child Care up to $25/day 4

5 Interpreting PIP Benefits/Limitations Limits on medical charges (ORS ) WC schedule Exclusions ORS intentional selfinjury, racing or speed contests, or willful concealment or misrepresentation Nature of benefits Primary for anyone in insured vehicle Secondary for insured injured in another vehicle Health insurance after PIP exhausted 5

6 Interpreting PIP Benefits/Limitations (Contin.) Pedestrians and Bicyclists - Priority Individual PIP policy PIP policy of family members in household Health insurance Motor vehicle policy of vehicle that struck individual Workers Compensation primary if injured on the job PIP is secondary 6

7 Stacking 7

8 PIP Stacking Multiple PIP policies may be available Example: A person is a passenger in another person s vehicle Vehicle s PIP coverage is primary PIP coverage under the passenger s own policy is secondary If the damages exceed the limits of PIP coverage under the first policy, the policies stack Stacking of PIP medical coverage Stacking of PIP wage loss coverage 8

9 Stacking coverage No stacking of PIP benefits when the insured owns multiple vehicles insured under one or more policies issued by the same company. See ORS (2)(a)(A) 9

10 Burden of Proof Medical expenses Presumed reasonable and necessary unless insurer gives notice of denial of the charges to the provider not more than 60 calendar days after the insurer receives notices of the claim for services from the provider. ORS (1)(a). During first 50 calendar days after insurer receives notice of claim, provider shall, within 10 business days, answer in writing questions from insurer regarding the claim. Id. 60 day period tolled if provider does not supply written answers to insurer within 10 days. Id. 10

11 Burden of Proof What is notice of the claim for services? What is notice of denial of the charges? If the insurer fails to give timely notice of denial of charges, insurer has the burden of proving that the expenses were not reasonable and necessary. 11

12 Duties of Insurer Public policy guarantee prompt medical attention Compliance with PIP and related statutes Compliance with Unfair Claims Settlement Practices Act ORS Reasonable Investigation Avoid Delay Prompt Notice of Denial Reasonable Settlement Duty of Good Faith & Fair Dealing 12

13 Bad Faith Insurance Practices Bad faith or extra-contractual damages Insurer does not comply with statutory or common law requirements McKenzie v. Pacific Health & Life Ins. Co., 118 Or App 377, rev allowed, 317 Or 271 (1993) Eggiman v. Mid-Century Ins. Co., 134 Or App 381 (1995) good faith requirement extends to PIP Anderson v. Farmers Ins., 188 Or App 179 (2003) 13

14 Bad Faith Insurance Practices Strawn v. Farmers Ins. Co. of Oregon, 350 Or 336 (2011) insurance fraud and punitive damages Ivanov v. Farmers Ins. Co. of Oregon, 344 Or 421 (2008) reasonable investigation 14

15 Duties of Insured Production of supporting documentation (medical and wage loss) Recorded Statement Examination Under Oath Medical Examination 15

16 Attorney Fees ORS (PIP and UM/UIM) Attorney fees are permitted if in writing, not later than six months from the date proof of loss is filed with the insurer: (a) The insurer has accepted coverage and the only issue is the amount of benefits due the insured; and (b) The insurer has consented to submit the case to binding arbitration. Plaintiff s recovery must exceed the amount of any tender made by defendant 16

17 Proof of Loss Any event or submission that would permit an insurer to estimate its obligations. Scott v. State Farm Mutual Ins. Co., 345 Or 146, 155 (2008) (citing Dockins v. State Farm Ins. Co., 329 Or 20 (1999)). Phone call was sufficient. Parks v. Farmers Ins. Co. of Oregon, 347 Or 374 (2009) 17

18 Attorney Fees Coverage Dispute Grisby v. Progressive Preferred Ins. Co., 343 Or 175, modified and adhered to on reconsideration, 343 Or 394 (2007); see also Badrick v. Farmers Ins. Co. of Or., 238 Or App 320 (2010) Any denial of PIP benefits is a denial of coverage? 18

19 Attorney Fees (Contin.) Example Benefits v. Coverage: $50 physical therapy visit $40 reasonable and necessary v. $0 reasonable and necessary 19

20 Attorney Fees and ORCP 54E ORCP 54E Cutoff? Example - $10,000 demand; $8,000 ORCP 54E offer; jury verdict of $5,000 (Plaintiff gets all fees if entitled under ORS ) Attorney fees must be awarded in full under ORS even if an insurer makes an ORCP 54E offer before trial and it is not exceeded - Wilson v. Tri-County Metropolitan Transportation District of Oregon, 234 Or App 615 (2010) 20

21 PIP Medical Exams Ground Rules ( conditions ) for Examination Set in Advance Attendance by Representative or Attorney Audio/video recording Licensed Oregon physician Limitation on body parts examined Medical Examinations Not Provided for in PIP Statutes 3 rd Party Claims Workers Compensation UM/UIM Claims 21

22 Arbitration v. Trial Arbitration governed by local court rules Factors to consider: Binding, attorney fees, costs, amount in controversy Consider including with third-party claim and/or UM/UIM claim 22

23 Formal Institution of Arbitration Bonds v. Farmers Ins. Co. of Oregon, 349 Or 152 (2010) Insured or insurer must expressly communicate to the other party that the initiating party is beginning the process of arbitrating a dispute Bonds v. Farmers Ins. Co. of Oregon, 349 Or at 154 Letter from insurer consenting Not Sufficient 23

24 PIP Issues in the Trial of a Bodily Injury Case Determine what is at issue medical expenses, wage loss, coverage issues Selection of venue Including a PIP claim in a Third Party Case Possibility it will be severed Venue 24

25 Preventing PIP from Sinking Third Party or UIM Claim Medical examination Ensuring ongoing medical treatment Return to work too soon Pleading and proving medical expenses and wage loss paid by PIP in the Third Party Case 25

26 Additional PIP Issues in the Trial of a Bodily Injury Case (Contin.) Discovery of PIP file Deposition of PIP adjuster Recovering medical expenses in excess of workers compensation schedule White v. Jubitz, 347 Or 212 (2009) 26

27 PIP Reimbursement and Subrogation Interinsurer Arbitration ORS Lien ORS Subrogation ORS Limitations on reimbursement ORS

28 Interinsurer Reimbursement ORS The liability insurer shall reimburse the PIP insurer if the following conditions are met: 1. The liability and the PIP insurer are both authorized motor vehicle liability insurers. 2. The PIP insurer has requested PIP reimbursement from the liability insurer. 3. The PIP insurer has not given notice that it elects recovery by lien under ORS The PIP insurer is entitled to reimbursement under ORS by the terms of its policy. 28

29 Interinsurer Reimbursement ORS (1) Reimbursement under this subsection, together with the amount paid to injured persons by the liability insurer, shall not exceed the limits of the policy issued by the insurer. 29

30 InterInsurer Reimbursement ORS Where two vehicles are separately insured by the same insurer the insurer that pays PIP benefits under one policy is entitled to PIP reimbursement from the other policy. State Farm v. Sommerholder, 65 Or App 449 (1983). In calculating PIP reimbursement, the amount of benefits by the PIP insurer shall be reduced by the percentage of negligence of the injured party. ORS (2). The PIP insurer s right to reimbursement shall not exceed the amount of damages legally recoverable by the injured party. Id. Disputes between the insurers are resolved by arbitration. 30

31 Lien under ORS The PIP insurer has a lien against injured party s cause of action if the following conditions are met: 1. The PIP insurer is an authorized motor vehicle liability insurer; 2. The PIP insurer has not been a party to an intercompany reimbursement proceeding under ORS The PIP insurer is entitled by the terms of its policy to a lien under ORS The PIP insurer has given written notice to the injured party that the PIP insurer has elected to PIP recovery by lien. 5. If the injured party has filed a legal action, the PIP insurer has filed a return receipt with the court that it served the claimant and the defendant with notice that has elected to recover its PIP by lien. 31

32 Lien under ORS If the PIP lien is perfected, it attaches to all the money the injured party actually collects by settlement or judgment from the at fault party, the liability insurer, or both Not reduced by injured party s comparative fault Reduced by PIP insurer s pro rata share of the costs and attorney fees 32

33 Lien under ORS If the injured party makes a claim or files a legal action for bodily injuries, the injured party must give notice of such claim or legal action to the PIP insurer by personal service or by registered or certified mail. ORS (1). Service of a copy of the summons and complaint shall be sufficient notice to the insurer. A return of service must be filed with the court. Id. A claim is a written demand made or delivered for a specific amount of damages. ORS (4). 33

34 Lien under ORS If the injured provides the PIP insurer with a notice of claim or legal action as required, and the PIP insurer fails to make an election to recover its PIP benefits by lien within 30 days, then the PIP insurer has lost its lien rights. 34

35 Subrogation under ORS A PIP insurer has the right to recover PIP payments by subrogation if the following conditions are met: 1. The intercompany benefit under ORS is not available; 2. The PIP insurer has not elected recovery by lien as provided in ORS ; 3. The PIP insurer is entitled by the terms of its policies to subrogation under ORS

36 Subrogation under ORS The PIP insurer does not need to be an authorized motor vehicle insurer to be entitled to subrogation The PIP insurer is entitled to proceeds of any settlement or judgment to the extent of PIP benefits paid, less the PIP insurer share of the costs and attorneys fees incurred in collection The PIP insurer can sue the at fault driver in its own name or it can sue in the name of the injured party. The injured party must cooperate 36

37 Health Insurers An authorized health insurer which pays benefits to a person injured in a motor vehicle accident has the same statutory rights of recovery as a PIP insurer 37

38 Limitations on PIP recovery ORS No reimbursement available if total amount of benefits paid exceeds the economic damages as defined in ORS

39 Underinsured Motorist Benefits Liability Insurance Received PIP Benefits Received Benefits Paid PIP Reimbursement Calculation Table Medical Burial Lost Income Future Earnings Domestic Services Loss to Estate Reputation Economic Damages Any Other Payments Received Total Loss/Use Repairs Other Total Excess (benefits minus economic damages) PIP Reimbursement (lesser/pip or excess ) 1994 Joel DeVore 39

40 PIP Offset from Liability Limits Under the Same Policy Liability insurer may reduce liability limits by the amount of the PIP payments if the policy contains language allowing such a reduction. Edwards v. Bonneville Automobile Insurance Company, 299 Or 119 (1985). No reduction from liability limits if the policy does not specifically allow such a reduction. Staiger v. Burkhart, 299 Or 49 (1985). The limitation on PIP reimbursement under ORS applies in this context. North Pacific vs. Hamilton, 153 Or App 332 (1998) affirmed in part and reversed in part in other grounds 332 Or 20 (2001). 40

41 Questions?? 41

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

FLORIDA PERSONAL INJURY PROTECTION

FLORIDA PERSONAL INJURY PROTECTION POLICY NUMBER: COMMERCIAL AUTO CA 22 10 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in,

More information

OREGON MUTUAL INSURANCE GROUP G0574AO (1-10) SECTION II - PERSONAL INJURY PROTECTION

OREGON MUTUAL INSURANCE GROUP G0574AO (1-10) SECTION II - PERSONAL INJURY PROTECTION OREGON MUTUAL INSURANCE GROUP G0574AO (1-10) SECTION II - PERSONAL INJURY PROTECTION We agree with you, subject to all the terms of this endorsement and to all of the terms of the policy unless modified

More information

ILLINOIS LAW MANUAL CHAPTER XI INSURANCE COVERAGE AND DEFENSES. Uninsured motorist coverage protects the policyholder who is injured by an

ILLINOIS LAW MANUAL CHAPTER XI INSURANCE COVERAGE AND DEFENSES. Uninsured motorist coverage protects the policyholder who is injured by an If you have questions or would like further information regarding Uninsured-Underinsured Motorist Coverage, please contact: Jennifer Medenwald 312-540-7588 jmedenwald@querrey.com Result Oriented. Success

More information

Public Act No. 14-20

Public Act No. 14-20 Public Act No. 14-20 AN ACT CONCERNING UNINSURED AND UNDERINSURED MOTORIST COVERAGE OFFSETS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 38a-336

More information

To determine whether or not an injury arises out of the maintenance or use of a motor vehicle:

To determine whether or not an injury arises out of the maintenance or use of a motor vehicle: What are No-Fault benefits? "No-fault benefits" are also often referred to as "Personal Injury Protection benefits or "PIP Benefits" for short. No Fault refers to insurance coverage provided by your own

More information

A SUMMARY OF COLORADO UNINSURED AND UNDERINSURED INSURANCE COVERAGE LAW April 2004

A SUMMARY OF COLORADO UNINSURED AND UNDERINSURED INSURANCE COVERAGE LAW April 2004 A SUMMARY OF COLORADO UNINSURED AND UNDERINSURED INSURANCE COVERAGE LAW April 2004 By: Mark Kane and HayDen Kane By reviewing this document the reader acknowledges that he or she has reviewed, understands

More information

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF JACKSON COUNTY ) ) BETTY CHRISTY, ) ) ) )

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF JACKSON COUNTY ) ) BETTY CHRISTY, ) ) ) ) 1 1 1 1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF JACKSON COUNTY BETTY CHRISTY, Plaintiff, vs. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant. Case No: 0-0-L ORDER ON PLAINTIFF

More information

OREGON LAW AT-A-GLANCE

OREGON LAW AT-A-GLANCE 1. ASSUMPTION OF THE RISK: This doctrine was abolished in Oregon. ORS 31.620(2). But see Comparative Negligence below. 2. COLLATERAL SOURCE RULE: The Court may deduct from a damages award certain collateral

More information

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com

Prepared by: Barton L. Slavin, Esq. 212-233-1010 Web site: www.nycattorneys.com Prepared by: Barton L. Slavin, Esq. 1. Identify Insurance Company - On the Police Report there is a three digit code that identifies the insurance company for a vehicle. The following link will take you

More information

OFFICE OF INSURANCE REGULATION Property and Casualty Product Review

OFFICE OF INSURANCE REGULATION Property and Casualty Product Review OFFICE OF INSURANCE REGULATION Property and Casualty Product Review NOTIFICATION OF PERSONAL INJURY PROTECTION BENEFITS YOUR PERSONAL INJURY PROTECTION RIGHTS AND BENEFITS UNDER THE FLORIDA MOTOR VEHICLE

More information

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW The laws relating to automobile insurance coverage are compiled in 75 Pa.C.S.A. 1701 et seq., known as the Act 6 Amendments to the PA Motor Vehicle Financial

More information

DISCOVERY INSURANCE COMPANY PO BOX 200 KINSTON, NORTH CAROLINA 28502

DISCOVERY INSURANCE COMPANY PO BOX 200 KINSTON, NORTH CAROLINA 28502 PERSONAL AUTO POLICY STOCK COMPANY DISCOVERY INSURANCE COMPANY PO BOX 200 KINSTON, NORTH CAROLINA 28502 THESE POLICY PROVISIONS WITH THE DECLARATIONS PAGE AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART

More information

D R A F T. LC 117 2016 Regular Session 1/19/16 (TSB/ps)

D R A F T. LC 117 2016 Regular Session 1/19/16 (TSB/ps) LC 0 Regular Session // (TSB/ps) D R A F T SUMMARY Provides that insurer that has duty to defend insured against claim has fiduciary duty toward insured if insurer does defend against claim. Provides that

More information

HOUSE DOCKET, NO. 2366 FILED ON: 1/20/2011. HOUSE... No. 2035. The Commonwealth of Massachusetts PRESENTED BY: Garrett J. Bradley

HOUSE DOCKET, NO. 2366 FILED ON: 1/20/2011. HOUSE... No. 2035. The Commonwealth of Massachusetts PRESENTED BY: Garrett J. Bradley HOUSE DOCKET, NO. 2366 FILED ON: 1/20/2011 HOUSE............... No. 2035 The Commonwealth of Massachusetts PRESENTED BY: Garrett J. Bradley To the Honorable Senate and House of Representatives of the Commonwealth

More information

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota Douglas E. Schmidt Accident Attorney 13911 Ridgedale Drive Suite 110 Minnetonka, MN 55305 952.473.4530 Fax: 952.544.1308

More information

OREGON LAWS 2015 Chap. 5 CHAPTER 5

OREGON LAWS 2015 Chap. 5 CHAPTER 5 CHAPTER 5 AN ACT SB 411 Relating to personal injury protection benefits; creating new provisions; and amending ORS 742.500, 742.502, 742.504, 742.506, 742.524 and 742.544. Be It Enacted by the People of

More information

No. 62 February 13, 2013 271 IN THE COURT OF APPEALS OF THE STATE OF OREGON. Scott HUGHES, Plaintiff-Appellant,

No. 62 February 13, 2013 271 IN THE COURT OF APPEALS OF THE STATE OF OREGON. Scott HUGHES, Plaintiff-Appellant, No. 62 February 13, 2013 271 IN THE COURT OF APPEALS OF THE STATE OF OREGON Scott HUGHES, Plaintiff-Appellant, v. CITY OF PORTLAND, Defendant-Respondent. Multnomah County Circuit Court 100913654; A149379

More information

New York State Department of Financial Services

New York State Department of Financial Services New York State Department of Financial Services Home Regulation 68 index page In order to assist you in viewing Regulation 68 in its most current form, this webpage has incorporated the text of the 1st

More information

QUESTIONS AND ANSWERS ABOUT ILLINOIS AUTOMOBILE INSURANCE AND ACCIDENTS

QUESTIONS AND ANSWERS ABOUT ILLINOIS AUTOMOBILE INSURANCE AND ACCIDENTS QUESTIONS AND ANSWERS ABOUT ILLINOIS AUTOMOBILE INSURANCE AND ACCIDENTS What types of coverages are available? Generally, automobile insurance policies provide Bodily Injury and Property Damage Liability

More information

ONYX BUSINESS AUTO POLICY COVERAGE

ONYX BUSINESS AUTO POLICY COVERAGE ONYX BUSINESS AUTO POLICY COVERAGE Various provisions in this policy restrict overage Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy

More information

Buyer Beware. Things To Know About Buying Car Insurance In Washington State. By Christopher M. Davis, Attorney at Law

Buyer Beware. Things To Know About Buying Car Insurance In Washington State. By Christopher M. Davis, Attorney at Law Buyer Beware Things To Know About Buying Car Insurance In Washington State By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis

More information

Automobile Negligence Lawsuits

Automobile Negligence Lawsuits SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently

More information

Subrogation and Liens: Basic Principles and Practical Considerations. Brandon E. Berg Thompson, Coe, Cousins & Irons, L.L.P.

Subrogation and Liens: Basic Principles and Practical Considerations. Brandon E. Berg Thompson, Coe, Cousins & Irons, L.L.P. Subrogation and Liens: Basic Principles and Practical Considerations Brandon E. Berg Thompson, Coe, Cousins & Irons, L.L.P. Houston, Texas Texas Hospital Lien Statute Texas Property Code gives a hospital

More information

A BRIEF REVIEW OF TEXAS AUTOMOBILE INSURANCE. The Declarations Page

A BRIEF REVIEW OF TEXAS AUTOMOBILE INSURANCE. The Declarations Page THE COMMISSIONERS HOUSE AT HERITAGE SQUARE 2901 BEE CAVE ROAD, BOX L AUSTIN, TEXAS 78746 P. 512.328.9099 F. 512.328.4132 WWW.JKPLAW.COM A BRIEF REVIEW OF TEXAS AUTOMOBILE INSURANCE Automobile liability

More information

11 NYCRR 60-2.0. Text is current through February 15, 2002, and annotations are current through August 1, 2001.

11 NYCRR 60-2.0. Text is current through February 15, 2002, and annotations are current through August 1, 2001. 11 NYCRR 60-2.0 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 11. INSURANCE DEPARTMENT CHAPTER III. POLICY AND CERTIFICATE PROVISIONS [FN1] SUBCHAPTER B. PROPERTY

More information

1. What s the difference between Limited Tort and Full Tort Auto Insurance Policies?

1. What s the difference between Limited Tort and Full Tort Auto Insurance Policies? Auto 1. What s the difference between Limited Tort and Full Tort Auto Insurance Policies? Limited Tort and Full Tort refer to different types of coverage under a auto insurance policy and what compensation

More information

AMENDATORY ENDORSEMENT NORTH CAROLINA PERSONAL AUTO POLICY

AMENDATORY ENDORSEMENT NORTH CAROLINA PERSONAL AUTO POLICY AMENDATORY ENDORSEMENT NORTH CAROLINA PERSONAL AUTO POLICY This Endorsement amends the Policy as follows: I. DEFINITIONS The Definitions Section is amended as follows: A. The third paragraph is replaced

More information

TABLE OF CONTENTS Minimum Provisions for Automobile Liability Insurance Policies Covering Motor Vehicles

TABLE OF CONTENTS Minimum Provisions for Automobile Liability Insurance Policies Covering Motor Vehicles Insurance Department Sec. 38a-334 page 1 (10-00) TABLE OF CONTENTS Minimum Provisions for Automobile Liability Insurance Policies Covering Motor Vehicles Required areas of coverage.... 38a-334-1 Definitions....

More information

OFFICE OF INSURANCE REGULATION Property and Casualty Product Review

OFFICE OF INSURANCE REGULATION Property and Casualty Product Review OFFICE OF INSURANCE REGULATION Property and Casualty Product Review NOTIFICATION OF PERSONAL INJURY PROTECTION BENEFITS YOUR PERSONAL INJURY PROTECTION RIGHTS AND BENEFITS UNDER THE FLORIDA MOTOR VEHICLE

More information

Blyss Chiropractic, 111 SW Columbia, Suite 100, Portland, OR 97201

Blyss Chiropractic, 111 SW Columbia, Suite 100, Portland, OR 97201 Patient Name: Date of Birth: Page 1 of 7 Patient Name: Date of Birth: Page 2 of 7 Patient Name: Date of Birth: PAIN DRAWING SYMPTOM RATING SCALE Ache

More information

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY PROTECTION COVERAGE MINNESOTA

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY PROTECTION COVERAGE MINNESOTA POLICY NUMBER: PERSONAL AUTO PP 05 67 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY PROTECTION COVERAGE MINNESOTA With respect to coverage provided by this endorsement,

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Acuity v. Decker, 2015 IL App (2d) 150192 Appellate Court Caption ACUITY, Plaintiff-Appellant, v. DONALD DECKER, Defendant- Appellee (Groot Industries, Inc., Defendant).

More information

Changing Tort Reform In Kentucky Christel Siglock. By changing its current No-Fault and Tort law options, Kentucky could; 1) Reduce the

Changing Tort Reform In Kentucky Christel Siglock. By changing its current No-Fault and Tort law options, Kentucky could; 1) Reduce the Changing Tort Reform In Kentucky Christel Siglock By changing its current No-Fault and Tort law options, Kentucky could; 1) Reduce the number of lawsuits filed, 2) Thus reducing insurance company payouts

More information

PROPOSED DRAFT AS OF 2/15/11

PROPOSED DRAFT AS OF 2/15/11 PROPOSED DRAFT AS OF 2/15/11 NEW YORK STATE INSURANCE DEPARTMENT REGULATION NO. 68 (11 NYCRR 65) REGULATIONS IMPLEMENTING THE COMPREHENSIVE MOTOR VEHICLE INSURANCE REPARATIONS ACT Subpart 65-0 Subpart

More information

UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY

UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY 59202 Prepared by the North Dakota Legislative Council staff for the Transportation Committee March 2004 UNINSURED AND UNDERINSURED MOTORIST COVERAGE - HISTORY This memorandum reviews the law on uninsured

More information

KANSAS PERSONAL INJURY PROTECTION

KANSAS PERSONAL INJURY PROTECTION POLICY NUMBER: COMMERCIAL AUTO CA 22 14 02 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in, or

More information

NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT

NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT COMMERCIAL AUTO CA 22 34 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT For a covered "auto" licensed or principally garaged in,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JAMES PERKINS, Plaintiff-Appellee, FOR PUBLICATION July 18, 2013 9:00 a.m. v No. 310473 Grand Traverse Circuit Court AUTO-OWNERS INSURANCE COMPANY, LC No. 2011-028699-NF

More information

The Michigan Auto Insurance Report

The Michigan Auto Insurance Report The Michigan Auto Insurance Report The Inside Secrets To Buying Auto Insurance" By: Daniel L. Buckfire Michigan s No-Fault Insurance Lawyer Call Toll Free: (800) 606-1717 www.buckfirelaw.com www.freeautoinsurancereport.com

More information

Alberta Finance and Enterprise - Insurance - Family Protection Endorsement

Alberta Finance and Enterprise - Insurance - Family Protection Endorsement Alberta Finance and Enterprise - Insurance - Family Protection Endorsement Page 1 of 6 Automobile Insurance - S.E.F. No. 44 FAMILY PROTECTION ENDORSEMENT (For Alberta Only) Index Definitions Insuring Agreement

More information

Case 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Case 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Case 1:10-cv-02583-CCB Document 28 Filed 03/05/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CRYSTAL WILLIAMS * * v. * Case No. CCB-10-2583 * TRAVCO INSURANCE CO. * ******

More information

WHAT YOU NEED TO KNOW ABOUT YOUR CAR WRECK CASE PAGE 1

WHAT YOU NEED TO KNOW ABOUT YOUR CAR WRECK CASE PAGE 1 WHAT YOU NEED TO KNOW ABOUT YOUR CAR WRECK CASE PAGE 1 GREENVILLE FOUNTAIN INN 330 East Coffee Street 218 South Main Street Greenville, South Carolina 29601 Fountain Inn, South Carolina 29644 (864) 601-9048

More information

G.S. 20-279.21 Page 1

G.S. 20-279.21 Page 1 20-279.21. "Motor vehicle liability policy" defined. (a) A "motor vehicle liability policy" as said term is used in this Article shall mean an owner's or an operator's policy of liability insurance, certified

More information

Coverage Selection Form - Hawaii Important notice about your policy. Please read carefully.

Coverage Selection Form - Hawaii Important notice about your policy. Please read carefully. Important notice about your policy. Please read carefully. BODILY INJURY AND PROPERTY DAMAGE LIABILITY LIMITS Bodily Injury (BI) and Property Damage (PD) Liability coverage pays for bodily injury to another

More information

Understanding Florida s PIP Laws

Understanding Florida s PIP Laws Understanding Florida s PIP Laws Bacen & Jordan, P.A. Renee Jordan, Esq. 4801 South University Drive Suite 3100 Davie, FL 33328 (954) 961-5511 rjordan@bacenjordan.com PIP = No Fault!! No Fault are first

More information

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2:08-cv-12533-DPH-PJK Doc # 67 Filed 03/26/13 Pg 1 of 7 Pg ID 2147 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OLD REPUBLIC INSURANCE COMPANY, v. Plaintiff, MICHIGAN CATASTROPHIC

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION. Plaintiff, Civil Action No. 7:12-CV-148 (HL) ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION. Plaintiff, Civil Action No. 7:12-CV-148 (HL) ORDER Case 7:12-cv-00148-HL Document 43 Filed 11/07/13 Page 1 of 11 CHRISTY LYNN WATFORD, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION v. Plaintiff, Civil Action No.

More information

LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE (BODILY INJURY)

LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE (BODILY INJURY) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 19 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOUISIANA HIRED AUTO AND NON-OWNED AUTO LIABILITY/UNINSURED MOTORISTS INSURANCE

More information

Consumer Legal Guide. Your Guide to Automobile Insurance and Accidents

Consumer Legal Guide. Your Guide to Automobile Insurance and Accidents Consumer Legal Guide Your Guide to Automobile Insurance and Accidents WHAT TYPES OF COVERAGES ARE AVAILABLE? Generally, automobile insurance policies provide Bodily Injury and Property Damage Liability

More information

Insurance Code section 11580.2

Insurance Code section 11580.2 Insurance Code section 11580.2 (a) (1) No policy of bodily injury liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle, except for policies that

More information

13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1 NMAC - Rn & A, 13 NMAC 12.3.

13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1 NMAC - Rn & A, 13 NMAC 12.3. TITLE 13 CHAPTER 12 PART 3 INSURANCE MOTOR VEHICLE INSURANCE UNINSURED AND UNKNOWN MOTORISTS COVERAGE 13.12.3.1 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 13.12.3.1

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

Page 1 of 20. Auto. Sample Document. Policy AFA10

Page 1 of 20. Auto. Sample Document. Policy AFA10 Page 1 of 20 Auto Policy AFA10 Policy number Policy effective Policyholders Page 2 of 20 Table of Contents GENERAL PROVISIONS... 3 When And Where The Policy Applies... 3 Conformity To State Statutes...

More information

Frank E. Jenkins, III JENKINS & BOWEN, P.C. 15 South Public Square Cartersville, Georgia 30120 (770) 387-1373

Frank E. Jenkins, III JENKINS & BOWEN, P.C. 15 South Public Square Cartersville, Georgia 30120 (770) 387-1373 Frank E. Jenkins, III JENKINS & BOWEN, P.C. 15 South Public Square Cartersville, Georgia 30120 (770) 387-1373 Wallace Miller, III WALLACE MILLER, III, LLC 509 Forest Hills Road Macon, Georgia 30209 (478)

More information

IN THE SUPREME COURT OF THE STATE OF OREGON. Sara Marie ZIMMERMAN, Respondent on Review,

IN THE SUPREME COURT OF THE STATE OF OREGON. Sara Marie ZIMMERMAN, Respondent on Review, No. 46 October 3, 2013 271 IN THE SUPREME COURT OF THE STATE OF OREGON Sara Marie ZIMMERMAN, Respondent on Review, v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, an Illinois corporation; and Allstate

More information

Frank E. Jenkins, III JENKINS & BOWEN, P.C. 15 South Public Square Cartersville, Georgia 30120 (770) 387-1373

Frank E. Jenkins, III JENKINS & BOWEN, P.C. 15 South Public Square Cartersville, Georgia 30120 (770) 387-1373 Frank E. Jenkins, III JENKINS & BOWEN, P.C. 15 South Public Square Cartersville, Georgia 30120 (770) 387-1373 Wallace Miller, III WALLACE MILLER, III, LLC 509 Forest Hills Road Macon, Georgia 30209 (478)

More information

Mut. Ins. Co., 565 S.W.2d 716, 726 (Mo. App. 1978). Nor is the carrier entitled to proceeds from any claim its insured may have against anyone else.

Mut. Ins. Co., 565 S.W.2d 716, 726 (Mo. App. 1978). Nor is the carrier entitled to proceeds from any claim its insured may have against anyone else. Settlement and Mediation of UM and UIM Claims Michael J. Mohlman Smith Coonrod Mohlman, LLC 7001 W. 79th Street Overland Park, KS 66204 Telephone: (913) 495-9965; Facsimile: (913) 894-1686 mike@smithcoonrod.com

More information

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of

More information

NEW YORK MOTOR VEHICLE NO-FAULT INSURANCE LAW COVER LETTER POLICYHOLDER POLICY NUMBER DATE OF ACCIDENT CLAIM NUMBER

NEW YORK MOTOR VEHICLE NO-FAULT INSURANCE LAW COVER LETTER POLICYHOLDER POLICY NUMBER DATE OF ACCIDENT CLAIM NUMBER NEW YORK MOTOR VEHICLE -FAULT INSURANCE LAW COVER LETTER NAME, ADDRESS AND PHONE NUMBER OF INSURER, SELF-INSURER OR REPRESENTATIVE* NAME, ADDRESS AND PHONE NUMBER OF CLAIM REPRESENTATIVE* POLICYHOLDER

More information

6 First-Party Litigation

6 First-Party Litigation I. Overview 6.1 6 First-Party Litigation II. Initial Client Meeting A. In General 6.2 B. Identifying the Proper Insurer 6.3 C. Determining the Types of Benefits Recoverable 1. In General 6.4 2. Work Loss

More information

HARVEY KRUSE, P.C. BAD FAITH

HARVEY KRUSE, P.C. BAD FAITH HARVEY KRUSE, P.C. BAD FAITH Prepared By: Michael F. Schmidt P25213 HARVEY KRUSE, P.C. 1050 Wilshire Drive, Suite 320 Troy, MI 48084 (248) 649-7800 Fax (248) 649-2316 A. INTRODUCTION Subject to specific

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

Personal Auto Policy

Personal Auto Policy NEW YORK Personal Auto Policy For questions about your policy, please call: 1-800-926-6012 Esurance Property and Casualty Insurance Company 650 Davis Street San Francisco, CA 94111-1904 Fraud Statement:

More information

MARYLAND PERSONAL AUTO SUPPLEMENT

MARYLAND PERSONAL AUTO SUPPLEMENT MARYLAND PERSONAL AUTO SUPPLEMENT AGENCY NAMED INSURED(S) POLICY NUMBER EFFECTIVE DATE CARRIER NAIC CODE Mandatory Offer of Increased Liability Coverage for Claims of Family Members at an Additional Premium

More information

Senate Bill 411 Sponsored by Senators GELSER, ROSENBAUM; Senator SHIELDS (Presession filed.)

Senate Bill 411 Sponsored by Senators GELSER, ROSENBAUM; Senator SHIELDS (Presession filed.) 78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session Enrolled Senate Bill 411 Sponsored by Senators GELSER, ROSENBAUM; Senator SHIELDS (Presession filed.) CHAPTER... AN ACT Relating to personal injury

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2012

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P Appellee No WDA 2012 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 KENNETH ASHLEY Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA CINDY ASHLEY AND/OR NATIONWIDE MUTUAL INSURANCE COMPANY v. Appellee No. 1486 WDA

More information

Rights & Obligations under the Nebraska Workers Compensation Law

Rights & Obligations under the Nebraska Workers Compensation Law Nebraska Workers Compensation Court Information Sheet: Rights & Obligations under the Nebraska Workers Compensation Law NEBRASKA WORKERS COMPENSATION COURT OFFICIAL SEAL What is workers compensation? Workers

More information

INSURANCE CODE TITLE 10. PROPERTY AND CASUALTY INSURANCE SUBTITLE C. AUTOMOBILE INSURANCE CHAPTER 1952

INSURANCE CODE TITLE 10. PROPERTY AND CASUALTY INSURANCE SUBTITLE C. AUTOMOBILE INSURANCE CHAPTER 1952 INSURANCE CODE TITLE 10. PROPERTY AND CASUALTY INSURANCE SUBTITLE C. AUTOMOBILE INSURANCE CHAPTER 1952. POLICY PROVISIONS AND FORMS FOR AUTOMOBILE INSURANCE (SELECTED SECTIONS) SUBCHAPTER C. UNINSURED

More information

CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE

CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE AND WORKERS COMPENSATION Melissa Healy INTRODUCTION In Cundiff v. State Farm Mutual Automobile Insurance Co., the Arizona Supreme Court

More information

Uninsured Motorist and Underinsured Motorist Coverage. Gary Kramer J. Scott Sanpietro James R. Potts

Uninsured Motorist and Underinsured Motorist Coverage. Gary Kramer J. Scott Sanpietro James R. Potts Uninsured Motorist and Underinsured Motorist Coverage Gary Kramer J. Scott Sanpietro James R. Potts focus on: Uninsured Motorist and Underinsured Motorist Coverage 1 By Gary Kramer, J. Scott Sanpietro,

More information

MENDAKOTA CASUALTY COMPANY (Serviced by KAI Advantage Auto, Inc.) PERSONAL AUTOMOBILE INSURANCE POLICY ILLINOIS

MENDAKOTA CASUALTY COMPANY (Serviced by KAI Advantage Auto, Inc.) PERSONAL AUTOMOBILE INSURANCE POLICY ILLINOIS MENDAKOTA CASUALTY COMPANY (Serviced by KAI Advantage Auto, Inc.) PERSONAL AUTOMOBILE INSURANCE POLICY ILLINOIS IMPORTANT Notify the Company s claim office in Itasca, Illinois by telephone, of every accident

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-561 SENATE BILL 749

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-561 SENATE BILL 749 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-561 SENATE BILL 749 AN ACT TO REVISE AND CLARIFY THE REQUIREMENTS FOR UNINSURED AND UNDERINSURED MOTORIST COVERAGE IN MOTOR VEHICLE LIABILITY

More information

Page 1 of 20. Motorcycle Policy. Sample Document AIU342

Page 1 of 20. Motorcycle Policy. Sample Document AIU342 Page 1 of 20 Motorcycle Policy AIU342 Policy number Policy effective Policyholders Page 2 of 20 Table of Contents General...4 When And Where The Policy Applies...4 Insurance Coverage In Mexico...4 Premium

More information

INSURANCE COVERAGE HOW TO GET PAID. Henry Moore 512.477.1663 henry@moorelegal.net. Advanced Personal Injury - State Bar of Texas

INSURANCE COVERAGE HOW TO GET PAID. Henry Moore 512.477.1663 henry@moorelegal.net. Advanced Personal Injury - State Bar of Texas INSURANCE COVERAGE HOW TO GET PAID Advanced Personal Injury - State Bar of Texas Henry Moore 512.477.1663 henry@moorelegal.net Auto Homeowners Commercial (CGL) Auto Auto covers: -The named insured -Family

More information

Homeowner's insurance usually covers the following when they are due to accident or specific

Homeowner's insurance usually covers the following when they are due to accident or specific Insurance TYPES OF POLICIES There are as many types of insurance policies as there are risks. During a disaster people may draw upon health, property and casualty and life insurance. These types of policies

More information

Michigan No-Fault Law: What You Don t Know Can Hurt You

Michigan No-Fault Law: What You Don t Know Can Hurt You Why Learn About No-Fault? Michigan No-Fault Law: What You Don t Know Can Hurt You Third Party Payer Day Mt. Pleasant, Michigan October 30, 2015 Robert E. Dice, Jr., Esq. Dice Law PLLC 25925 Telegraph Rd.

More information

Frequently Asked Questions Auto Insurance

Frequently Asked Questions Auto Insurance STATE OF WISCONSIN Frequently Asked Questions Auto Insurance OFFICE OF THE COMMISSIONER OF INSURANCE PI-233 (C 03/2015) The Automobile Insurance Policy (page 1) Wisconsin's Financial Responsibility Law

More information

A Bill Clarifying a Workers Compensation Insurer s. Subrogation Interest in Third-Party Claims

A Bill Clarifying a Workers Compensation Insurer s. Subrogation Interest in Third-Party Claims Subrogation Options for Consideration A Bill Clarifying a Workers Compensation Insurer s Subrogation Interest in Third-Party Claims Whereas, subrogation is a device of equity which is designed to compel

More information

RESPONDENT'S ANSWER BRIEF JAMES H. WHITE, JR. STAATS, WHITE & CLARKE. Florida Bar No.: 309303. 229 McKenzie Avenue. Panama City, Florida 32401

RESPONDENT'S ANSWER BRIEF JAMES H. WHITE, JR. STAATS, WHITE & CLARKE. Florida Bar No.: 309303. 229 McKenzie Avenue. Panama City, Florida 32401 IN THE SUPREME COURT OF FLORIDA FILED THE TRAVELERS INSURANCE COMPANY and THE PHOENIX INSURANCE COMPANY, vs. Petitioners, CASE NO.: 85,337 BRETT ALLAN WARREN, Personal DISTRICT COURT OF APPEAL Representative

More information

Concerning the Cap on Pain and Suffering Awards for Minor Injuries

Concerning the Cap on Pain and Suffering Awards for Minor Injuries Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile

More information

BULLETIN 96-7 FREQUENT PROBLEMS FOUND IN FILINGS

BULLETIN 96-7 FREQUENT PROBLEMS FOUND IN FILINGS 1 of 8 6/25/2008 3:39 PM BULLETIN 96-7 FREQUENT PROBLEMS FOUND IN FILINGS Property and Casualty Lines Over the years we have found that insurance companies consistently fail to make their forms and filings

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: SCOTT E. YAHNE Efron Efron & Yahne, P.C. Hammond, Indiana ATTORNEY FOR APPELLEE: ROBERT F. PETERS BROOKE S. SHREVE Lucas Holcomb & Medrea, LLP Merrillville, Indiana

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JAMES HENDRICK, v Plaintiff-Appellant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, UNPUBLISHED May 24, 2007 No. 275318 Montcalm Circuit Court LC No. 06-007975-NI

More information

NEVADA NAMED NON-OWNER PERSONAL AUTO POLICY READY REFERENCE TO YOUR AUTO POLICY

NEVADA NAMED NON-OWNER PERSONAL AUTO POLICY READY REFERENCE TO YOUR AUTO POLICY NEVADA NAMED NON-OWNER PERSONAL AUTO POLICY SAFECO INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA Home Office: Safeco Plaza, Seattle, Washington 98185-0001 SAFECO INSURANCE COMPANY

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ESTATE OF TIMOTHY HUGHES, Plaintiff-Appellee, UNPUBLISHED January 23, 2007 v No. 259987 Oakland Circuit Court CITIZENS INSURANCE COMPANY, LC No. 2000-024949-CZ and Defendant/Cross-Defendant-

More information

S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. This Court granted a writ of certiorari to the Court of Appeals in Carter

S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. This Court granted a writ of certiorari to the Court of Appeals in Carter 295 Ga. 487 FINAL COPY S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. HINES, Presiding Justice. This Court granted a writ of certiorari to the Court of Appeals in Carter v. Progressive Mountain Ins.,

More information

LET S LOOK AT THE FUNDAMENTALS OF MOTOR VEHICLE INSURANCE BASIC LIABILITY INSURANCE COVERAGE

LET S LOOK AT THE FUNDAMENTALS OF MOTOR VEHICLE INSURANCE BASIC LIABILITY INSURANCE COVERAGE HOW TO TREAT IDENTICAL MUTUALLY EXCLUSIVE (REPUGNANT) EXCESS INSURANCE CLAUSES IN UNDERINSURED MOTORIST INSURANCE POLICIES WHEN THE INSURED HAS COVERAGE UNDER MULTIPLE UIM POLICIES Robert H. Hobgood, Sr.

More information

TITLE 18 INSURANCE DELAWARE ADMINISTRATIVE CODE 1. 600 Automobile Insurance. 603 Delaware Motorists Protection Act [Formerly Regulation 9]

TITLE 18 INSURANCE DELAWARE ADMINISTRATIVE CODE 1. 600 Automobile Insurance. 603 Delaware Motorists Protection Act [Formerly Regulation 9] DELAWARE ADMINISTRATIVE CODE 1 600 Automobile Insurance 603 Delaware Motorists Protection Act [Formerly Regulation 9] 1.0 Scope and Authority 1.1 This Regulation is adopted by the Commissioner pursuant

More information

FLORIDA PERSONAL INJURY PROTECTION

FLORIDA PERSONAL INJURY PROTECTION POLICY NUMBER: COMMERCIAL AUTO CA 22 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in,

More information

AUTO INSURANCE POLICY

AUTO INSURANCE POLICY AUTO INSURANCE POLICY WHERE TO FIND IT INSURANCE AGREEMENT AND DECLARATIONS GENERAL DEFINITIONS AUTOMOBILE LIABILITY Additional Definitions For This Coverage Coverage Provided Additional Benefits We Will

More information

History: Add. 1971, Act 19, Imd. Eff. May 5, 1971; Am. 1976, Act 89, Imd. Eff. Apr. 17, 1976.

History: Add. 1971, Act 19, Imd. Eff. May 5, 1971; Am. 1976, Act 89, Imd. Eff. Apr. 17, 1976. MOTOR VEHICLE ACCIDENT CLAIMS ACT Act 198 of 1965 AN ACT providing for the establishment, maintenance and administration of a motor vehicle accident claims fund for the payment of damages for injury to

More information

With regard to the coverage issue 1 : With regard to the stacking issue 2 :

With regard to the coverage issue 1 : With regard to the stacking issue 2 : 37 Fla. L. Weekly D1140c Insurance -- Uninsured motorist -- Coverage -- Stacking -- Action against UM insurer by insured policyholder who was injured in single-car accident while riding as passenger in

More information

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINSURED MOTORISTS COVERAGE CALIFORNIA

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINSURED MOTORISTS COVERAGE CALIFORNIA POLICY NUMBER: PERSONAL AUTO PP 04 87 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINSURED MOTORISTS COVERAGE CALIFORNIA SCHEDULE Uninsured Motorists Premium Coverage Limit Of

More information

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al.

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. : Ruling on Motion for Summary Judgment [Doc. #82] After

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

MAPPING THE UNINSURED AND UNDERINSURED WILDERNESS: Liability Coverage for Uninsured and Underinsured Motorists. Neil Schonert

MAPPING THE UNINSURED AND UNDERINSURED WILDERNESS: Liability Coverage for Uninsured and Underinsured Motorists. Neil Schonert MAPPING THE UNINSURED AND UNDERINSURED WILDERNESS: Liability Coverage for Uninsured and Underinsured Motorists I. Introduction Neil Schonert II. III. IV. Determining Initial UM/UIM Limits Calculating UIM

More information

Department of Administrative Services POLICY MANUAL. Issuing Division: Enterprise Goods and Services, Risk Management. I. Purpose...

Department of Administrative Services POLICY MANUAL. Issuing Division: Enterprise Goods and Services, Risk Management. I. Purpose... Number 125-7-202 POLICY MANUAL Issuing Division: Enterprise Goods and Services, Risk Management Effective until cancelled. Revised July 1, 2015. Subject: Liability Self-Insurance Policy Manual for State

More information