1 Uninsured Motorist and Underinsured Motorist Coverage Gary Kramer J. Scott Sanpietro James R. Potts
2 focus on: Uninsured Motorist and Underinsured Motorist Coverage 1 By Gary Kramer, J. Scott Sanpietro, James R. Potts February 2012 Introduction Large national and multinational organizations manage insurance risk by utilizing a variety of insurance programs and they spend significant time and resources deciding whether and how to retain or transfer their potential liabilities. They often consider guaranteed cost, self-insured retention, deductible and captive programs. Frequently, organizations utilize a combination of some or all of these options. Sophisticated risk managers strive to protect the organization and manage risk as cost effectively as possible given the organization s appetite for risk and, for many larger organizations, this means managing their primary casualty risks through loss-sensitive insurance programs. Certain loss-sensitive insurance programs require the insured to reimburse its insurer for losses within the applicable deductible. By purchasing insurance that is subject to a large deductible, the insured gets the benefit of lower premiums. Additionally, more flexible coverage terms may be available with insurance programs that have large deductibles. These programs often provide an overall financial benefit to insureds that successfully manage their liabilities within the applicable deductible. State laws in the United States generally require that motor vehicle owners maintain liability insurance coverage, or in some instances, an alternative source of financial responsibility to fund personal injuries and property damage resulting from the operation of their vehicles. These requirements extend to businesses and other entities. Organizations must maintain insurance that meets the various state requirements for motor vehicle financial responsibility, which may include (depending upon the state) compulsory liability insurance, no-fault/personal injury protection (PIP) coverage and uninsured and underinsured motorists coverage. However, because most large commercial insureds purchase insurance programs with large deductibles, purchasing uninsured motorist and underinsured motorist coverage under these programs presents several important issues that should be considered. Uninsured and Underinsured Motorist Insurance (UM/UIM) Auto liability insurance, in one form or another, is required in virtually all 50 states and the District of Columbia for individuals and entities that own and operate motor vehicles. However, even though coverage is legally required, many vehicle owners do not carry insurance. Uninsured Motorist (UM) coverage is intended to provide compensation to an insured person 2 for personal injuries and in some states, property damage suffered in an accident involving a motor vehicle operated by another person who is at fault, and who does not have auto liability insurance. 3 If an insured has UM coverage and an individual covered under the policy is injured or, in some states, has property damage stemming from an accident caused by another person with no motor vehicle insurance, the injured person and the insured can look to this UM coverage to pay for the injuries and in some instances the property damage caused by the uninsured motorist, subject to the applicable limits. Underinsured Motorist (UIM) coverage is similar to UM coverage, except that instead of being uninsured, the insurance held by the person causing the accident is insufficient to fully compensate the injured party(ies) for their losses. If an insured has UIM coverage and an individual covered under the insured s policy is injured or the insured or, in some states, a covered individual has property damaged in an accident caused by someone who is underinsured, the injured person and the insured can look to this UIM insurance to cover the shortfall, subject to the applicable limits. All 50 states and the District of Columbia have their own rules and requirements for the offer and sale of UM/UIM coverage. These rules are complicated and can be difficult to interpret. While most states require an insurance company to offer this type of coverage, many states allow insureds to reject this coverage 4 or select UM or UIM coverage of a kind and in an amount that may be different than the applicable policy liability coverage limits. 5 Generally, an insured can select between two different types of UM/UIM coverage, based on the 1.
3 application of the limits of coverage: a Combined Single Limit and Split Limits. A Combined Single Limit provides one limit that is applicable to damages for both bodily injury and property damage arising out of an accident regardless of the number of people injured. Split Limits provide separate limits for bodily injury per person and in total for the accident as well as property damage arising out of an accident. For example, assume an insured suffers property damage losses of $50,000 and bodily injury expenses of $50,000 from a single accident with an uninsured motorist, for a total of $100,000 in damages. If the insured has purchased a UM Combined Single Limit of $75,000, the limit will be exhausted for this accident and the policy will not pay for the $25,000 in damages that are excess this limit. If the insured has purchased UM Split Limits of $50,000/$50,000, meaning that a limit of $50,000 applies separately to damages from Bodily Injury and damages from Property Damage, the insured will fully recover their losses under the policy. UM/UIM Rejection Many commercial insureds with loss sensitive insurance programs reject UM/UIM coverage where they are permitted to do so, or purchase the minimum required coverage limits where rejection is not permitted, in order to avoid the increased exposure to losses from UM/UIM coverage. Every state has its own rules and requirements for making such coverage elections and rejections. 6 Many state statutes specify that any rejection must be in writing. 7 In addition, some states have different rules for the rejection of UM coverage than for the rejection of UIM coverage. 8 Generally, an insured is required to elect or reject UM/UIM coverage prior to the inception of the policy. Typically, the insured s elections are documented by means of a form that the insured is required to complete and sign. Some states mandate the use of a particular UM/UIM election form that must be used by the insured to signify its decisions. These forms can serve as part of the evidence of the coverage purchased in the event of a claim involving uninsured or uninsured losses. Risk managers of large commercial insureds with exposures in many states may receive a package containing hundreds of forms to be completed and signed to document their UM/UIM elections. Correctly and fully completing this documentation can take a significant amount of time and resources and can be confusing due to the disparity among the various state forms. In order to validly and properly document an insured s UM/UIM elections, all applicable state requirements must be contemplated and satisfied. There are many concerns that must be considered, including: Will the insured s coverage elections and rejections be upheld after a loss has occurred? If the insured s rejection of coverage is not upheld, in what amount will coverage be provided? Will there be stacking of limits? 9 Is the individual that made the coverage election or rejection properly authorized to do so on behalf of the insured? What about UIM has the insured elected or rejected coverage? If coverage is accepted (or invalidly rejected), in what amount will coverage be provided? Is PIP mandatory? Can it be accepted or rejected? For a large commercial insured, an improper or invalid election or rejection can mean hundreds of thousands of dollars in additional liabilities which the insured had not intended to cover. Without a valid rejection, the policy may be deemed to provide UM/UIM coverage in amounts that may be equal to policy limits. 10 Therefore, it is vitally important that the insured correctly reject or accept UM/UIM coverage and make clear and valid elections prior to the effective date of the policy. Failure to do so may have significant economic consequences. Courts have liberally construed UM/UIM statutes to favor coverage and some have strictly interpreted statutory UM/UIM requirements for rejection resulting in their invalidating an insured s rejection of coverage based on technical deficiencies. For example, the Superior Court of Pennsylvania found that the UM/UIM rejection language deviated from the 2.
4 statutorily required language by one word and even though the insured had indicated on this form that the coverage was rejected, the Court concluded that the rejection was invalid because of this deviation and therefore UM/UIM coverage had to be afforded in an amount equal to the liability limits of the policy. 11 If UM/UIM coverage is not rejected properly, the attorney for the injured person will often try to establish coverage and may receive recoveries that would not be available if the insured had validly rejected coverage. Thus, commercial insureds and insurers must be diligent in executing UM/UIM forms in order to have and effectuate the intended coverage. When determining whether an insured s election or rejection of this coverage is valid, in the context of a claim under the policy, state legislatures and courts frequently have focused on the impact of UM/UIM coverage and elections on claimants and insureds under personal automobile policies. Unfortunately, these decision makers have not fully considered many important distinctions between personal auto insurance and commercial auto insurance in the context of UM/UIM coverage. Personal automobile policies cover individuals and their family members, who typically only have vehicles garaged in one state. Commercial auto policies, on the other hand, may cover large corporate conglomerates which can have thousands of employees and large fleets of vehicles, garaged and operating throughout the country. When the named insured is a company, the universe of potential insureds is much greater and the risk of loss is correspondingly much greater as well. This increased exposure is one reason why large commercial insureds may decide to reject UM/UIM coverage where permitted to do so. In addition, a personal automobile policy may have a deductible that is a small fraction of the policy limit. Conversely, commercial insurance policies for large organizations nearly always have deductibles in the hundreds of thousands or millions of dollars, which can be a high percentage of the available limits, and in some states, can even have a deductible amount that matches the limits of the policy. If UM/UIM coverage is not rejected properly, the attorney for the injured person will often try to establish coverage and may receive recoveries that would not be available if the insured had validly rejected coverage. These deductibles are another reason why large commercial insureds may decide to reject UM/UIM coverage under a commercial auto policy. Any amounts payable under UM/UIM coverage will generally be subject to the same high deductible as the rest of the coverage under that policy. This is a significant difference between commercial insurance policies and personal automobile insurance policies. A large commercial insured is responsible for a much greater amount of losses within a high deductible as compared with a deductible under a personal automobile policy (which are typically extremely small dollar amounts). Assume an employer has a commercial auto policy with a $500,000 deductible and has elected to purchase UM coverage. If an employee is using the employer s vehicle and is involved in a car accident caused by an uninsured motorist, the UM coverage would respond and the employer would be fully responsible for all amounts payable within the deductible. By purchasing UM coverage, the employer has assumed responsibility to pay losses that were caused by an uninsured third person. The employer could have avoided responsibility 12 for injuries caused by the third party by rejecting UM/UIM coverage. This is why this coverage is frequently rejected by most large commercial insureds with loss-sensitive insurance programs. Purchasing UM/UIM coverage can increase the amount of losses for which an insured will be responsible under a loss-sensitive insurance program. Large commercial insureds also purchase many different kinds of insurance for their operations, and have to consider the interaction between their UM/UIM coverage and their other insurance programs. For example, all large commercial insureds are required by state law to provide workers compensation coverage for their employees, whether by purchasing a policy from an insurance carrier or self-insuring where permitted by state law. Workers compensation insurance provides wage and medical benefits to the insured s employees when they sustain employment-related injuries. This coverage is intended to be the primary source of recovery for such injuries. Commercial automobile coverage must be structured to avoid duplicating the workers compensation coverage. Assume a large commercial insured provides an automobile to an employee to be used for company business. While on company business, the employee is injured in a car accident caused by an uninsured motorist. The employee s injury would be covered by the employer s workers compensation program, and the employer and employee would look to this coverage to pay for any injuries caused by the uninsured motorist. For this reason, commercial auto policies have an exclusion for amounts covered under a workers compensation policy. 3.
5 In this instance, the UM/UIM coverage may be unnecessary because the injuries and damage may be fully covered elsewhere. If this large commercial insured had elected to purchase UM/UIM coverage, it may have paid for coverage that is unlikely to be triggered. This is another reason why many large commercial insureds reject UM/UIM coverage wherever possible. Large commercial insureds also have to consider the potential stacking of limits under commercial auto insurance policies. Stacking of available limits can occur when determining the limits available if more than one vehicle is covered under the same policy. Assume a large commercial insured has UM/UIM limits of $50,000 and has three autos covered under their policy. If there is an accident caused by an uninsured motorist, the stacked UM coverage could provide up to $150,000 of coverage (three autos x $50,000 limit). In the commercial setting, the UM/UIM portion of an auto policy that covers a fleet of vehicles could provide a significant amount of coverage for exposure to risk outside the control of the employer. Personal Injury Protection (PIP) Similarly to UM/UIM, many states have rules regarding Personal Injury Protection or PIP insurance. Under PIP (also sometimes referred to as no-fault insurance), insureds may recover damages resulting from auto accidents from their own insurer rather than from another party s insurer. PIP insurance typically covers actual economic damages (i.e., personal injury) and generally does not provide coverage for non-economic losses such as pain and suffering. PIP benefits normally include reimbursement for medical expenses, rehabilitation expenses, loss of income, loss of household services that the injured person can no longer provide, death benefits, and funeral expenses. Most PIP plans provide reimbursement, for bodily injury only and not for property damage. A handful of states make PIP coverage mandatory, while other states make it optional. In states with mandatory PIP coverage, insureds receive compensation for economic losses due to injury from their own insurer regardless of who is at fault for the In the commercial setting, the UM/UIM portion of an auto policy that covers a fleet of vehicles could provide a significant amount of coverage for exposure to risk outside the control of the employer. accident. Often, a state s PIP rules contain tort thresholds a requirement that the injury sustained meets a minimum severity threshold above which the insured can sue for noneconomic damages. Thus, PIP coverage typically would respond to smaller claims (i.e., frequency) while UM/UIM coverage would respond to larger claims (i.e., severity). Unsurprisingly, losses for UM/UIM coverage in states where PIP is mandatory tend to be higher. Again, large commercial insureds may decide to reject PIP where possible to avoid this increased exposure to losses that would be subject to a deductible. The ACE Solution As described above, the ability to validly elect or reject UM/UIM/PIP coverage can have a significant economic impact on the insured as well as the insurer. Important evidence of the insured s intent typically includes the stack of hundreds of forms manually completed by the risk manager or other authorized corporate officer (usually with help from their broker or insurer). In order to assist clients in effectively managing the burden of completing these forms, ACE Risk Management, ACE s industry-leading U.S. based primary casualty insurance division, has developed ACE Accelerator SM, a web-based solution for UM/UIM/PIP form completion. Risk managers log on to ACE Accelerator and answer an estimated 19 questions regarding their UM/UIM/PIP decisions. Based on the answers given, the system populates the insured s elections on the forms for all 50 states and the District of Columbia. These completed forms will be mailed to the risk manager to verify, execute and then mail back to ACE. ACE Accelerator will effectively streamline the UM/UIM/PIP election process to make it less timeconsuming, more accurate and more efficient. 4.
6 Conclusion Large national and multinational organizations face various challenges managing their insurance risk. With respect to UM/UIM/PIP insurance, these organizations often seek to reject this coverage or purchase the minimum amount allowable by state. However, each state has differing rules and requirements to document these coverage elections. Risk managers currently spend a significant amount of time and resources documenting and executing their UM/UIM/PIP coverage elections. In order to streamline this process, ACE has developed an online web-based portal that allows a risk manager to answer a number of questions regarding their coverage elections. This system will then insert that information into the various forms for executions, thus making what is now a cumbersome process more efficient. About the Authors: ACE Group Gary Kramer is Vice President for ACE Risk Management, and has more than ten years of insurance industry experience, with particular emphasis in accounting and operations. Since joining ACE in 2004, he has held various management positions in ACE Financial Solutions and ACE Risk Management. Prior to his tenure with ACE, Mr. Kramer held accounting and operations management positions with several global insurance companies as well as other non-insurance-focused companies. He holds a Bachelor of Science degree in Finance from Rowan University in N.J., and an M.B.A in Accounting from Drexel University, located in Philadelphia, PA. J. Scott Sanpietro is Senior Vice President and General Counsel for ACE Risk Management, the primary casualty underwriting division of ACE USA, and he is responsible for advising and counseling the business about legal issues, including regulatory matters, collateral arrangements, insurance contracts and program structures. Prior to joining ACE in 2003, Mr. San Pietro served as an Associated at the law firm Stroock & Stroock & Lavan, LLP, where he specialized in property and casualty insurance and reinsurance. With more than 15 years of experience in the insurance industry, Mr. Sanpietro is a member of the New York bar. Cozen O Connor James R. Potts, joined the firm s Philadelphia office in November 2008 as a member in the Business Law Department. He serves as chair of the Insurance Corporate and Regulatory practice and has more than 18 years of experience in insurance and corporate matters. He has represented a broad range of clients in the insurance industry including property and casualty and life and health insurance companies; sophisticated commercial insureds; insurance producers, intermediaries and adjusters; hedge funds and other investors; guaranty funds; and insurance regulators. James earned his law degree, cum laude, from Georgetown University Law Center and his undergraduate degree, magna cum laude, from the University of Florida. The opinions and positions expressed in this paper are the authors own and not necessarily those of any ACE or Cozen O Connor company. Insurance is provided by ACE American Insurance Company, Philadelphia, PA, or in some jurisdictions, other insurance companies in the ACE Group. Product highlights are summaries only; please see the actual policy for terms and conditions. The opinions and positions expressed in this paper are the authors own and not necessarily of any ACE company. ACE USA is the U.S.-based retail operating division of the ACE Group, and is rated A+ (Superior) by A.M. Best Company and AA- (Very Strong) by Standard & Poor s. ACE USA, through its underwriting companies, provides insurance products and services throughout the U.S. Additional information on ACE USA and its products and services can be found at: The ACE Group is a global leader in insurance and reinsurance serving a diverse group of clients. Headed by ACE Limited (NYSE:ACE), a component of the S&P 500 stock index, the ACE Group conducts its business on a worldwide basis with operating subsidiaries in more than 50 countries. Additional information can be found at: Copyright 2012, ACE Group and Cozen O Connor. All rights reserved. 5.
7 About the Author(s): ACE Group Endnotes: 1 Our discussion of UM/UIM coverage in this paper is only intended to be of a general nature. UM/UIM state laws and policy forms vary and therefore the coverage afforded is not uniform and will often depend on particular facts and circumstances. You should review your coverage forms and applicable state law to make your own determination as to your obligations under the law and the scope of coverage offered or afforded. In addition, any decision regarding motor vehicle coverages, limits, deductibles and elections is complex and will depend on an individual insured s own circumstances and risk tolerances. This paper is not intended to be recommendation of any particular coverages, limits, deductibles or UM/UIM elections. 2 The individuals entitled to benefit from UM/UIM coverage can vary based upon state law and coverage forms and may include not only motor vehicle operators, passengers and their dependents, but also qualifying insureds who are not in or operating a covered motor vehicle. 3 The circumstances under which an operator of a vehicle will be considered as not have insurance coverage can vary from state to state, and could include not only the absence of motor vehicle insurance, but also denial of coverage because of an intentional tort by the operator of the vehicle, a hit and run accident or the insolvency of the insurance carrier covering the vehicle. 4 See e.g., 75 Pa. Cons. Stat. 1731(b) which describes the rules related to the rejection of coverage in Pennsylvania. 5 See e.g., 75 Pa. Cons. Stat which provides that in Pennsylvania a named insured can request in writing the issuance of coverage in amounts less than or equal to the limits of liability for bodily injury. 6 See e.g., 75 Pa. Cons. Stat. 1731(b) which provides that a named insured can reject UM coverage by signing the following rejection form: REJECTION OF UNINSURED MOTORIST PROTECTION By signing this waiver I am rejecting uninsured motorist coverage under this policy, for myself and all relatives residing in my household. Uninsured coverage protects me and relatives living in my household for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages. I knowingly and voluntarily reject this coverage. Signature of First Named Insured Date 7 See e.g., Ariz. Rev. Stat For example, Delaware specifically requires written rejection of UM coverage but is silent regarding the method of UIM rejection. Del. Code Ann. tit. 18, 3902(a), (b). 9 Stacking of limits is discussed later in this paper. 10 See e.g., Enterprise Insurance Co. v Mulleague, 196 Cal. App. 3d 528 (1987). 11 National Union Fire Insurance Co. v Irex Corporation, 713 A.2d 1145 (1998) 12 An employee may be entitled to receive compensation for injuries through other insurance coverages maintained and benefits provided by the employer including workers compensation, disability, health and life insurance. 6.
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
SUPPLEMENTARY AUTOMOBILE APPLICATION - PENNSYLVANIA (To be completed by the Named Insured or Applicant) Name abc Policy Number (If Not New Business) Address PENNSYLVANIA NOTICE IMPORTANT NOTICE Insurance
STRATFORD INSURANCE COMPANY OFFER OF OPTIONAL ADDITIONAL UNINSURED MOTORISTS COVERAGE AND OPTIONAL UNDERINSURED MOTORIST COVERAGE Automobile liability insurance coverage pays other motor vehicle drivers
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
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
STATE OF SOUTH CAROLINA DEPARTMENT OF INSURANCE SCDOI FORM NUMBER 2006 [REVISED JANUARY 1, 2007] OFFER OF ADDITIONAL UNINSURED MOTORIST COVERAGE AND OPTIONAL UNDERINSURED MOTORIST COVERAGE Automobile liability
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
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
SUPPLEMENTARY COMMERCIAL AUTOMOBILE APPLICATION GEORGIA (To be completed and signed by Named Insured) Name Address IMPORTANT NOTICE GEORGIA UNINSURED MOTORISTS COVERAGE PLEASE READ THIS NOTICE CAREFULLY.
INSURANCE FACTS for Pennsylvania Consumers Your Guide to Auto Insurance Premiums 1-877-881-6388 Toll-free Automated Consumer Line www.insurance.state.pa.us Pennsylvnaia Insurance Department Website Required
Automobile Insurance Guide Page 1 Simply stated, automobile insurance is a contract between you and your insurance company that protects you against financial loss if you are in an accident. Auto policies
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
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
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
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 200 570 Liberty Street
Florida No-Fault Auto Insurance: A Historical Primer Auto Insurance Fraud Strike Force Board Meeting Tallahassee, FL January 24, 2013 Lynne McChristian, Florida Representative Insurance Information Institute
Surplus Call 800-342-5706 Insurance Fax 800-578-7758 www.surplusins.com Email quotes: firstname.lastname@example.org Brokers Agency Inc. P O Box 749, South Bend IN 46624-0749 AUTOMOBILE APPLICATION FOR INSURANCE
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
WRONGFUL DISCLAIMERS OF UM and UIM COVERAGE UNDER BUSINESS AUTO POLICIES BY: James C. Haggerty HAGGERTY, GOLDBERG, SCHLEIFER & KUPERSMITH, P.C. 1835 Market Street, Suite 2700 Philadelphia, PA 19103 (267)
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
A. GENERAL STRATFORD INSURANCE COMPANY WESTERN WORLD INSURANCE COMPANY PUBLIC AUTO INSURANCE APPLICATION- PENNSYLVANIA Applicant's Name: Phone #: Contact Person: Address: Garaging Location(s) if different:
IS SELF-INSURANCE REALLY INSURANCE? UM AND PIP COVERAGE OBLIGATIONS FOR SELF-INSURERS By Teena Killian and John Fetters The SIRMon, Winter 2009 ABA Tort, Trial and Insurance Practice Section Self-Insurers
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
SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 00 SESSION Sponsored by: Senator NICHOLAS P. SCUTARI District (Middlesex, Somerset and Union) SYNOPSIS Provides for stacking
The Florida Senate Interim Project Summary 98-03 November 1998 Committee on Banking and Insurance Senator Mario Diaz-Balart, Chairman POTENTIAL IMPACT OF MANDATING BODILY INJURY LIABILITY INSURANCE FOR
News Story Lawyers Must Understand Auto Insurance, No-Fault Knowing How To Advise, When To Refer Is Critical Even if you do not specialize in "auto law" you should still have a basic understanding of automobile
General Insurance Definitions: Accidental Death Coverage Accidental death coverage is sometimes a part of your auto insurance policy's Personal Injury Protection (PIP) or may be offered as a separate Accidental
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
Auto Insurance Buyers Guide Table of Contents Understand Your Rights as a Consumer...1 Introduction...... 2 Why You Need Auto Insurance...... 3 When to Shop for a New Auto Insurance Policy.. 4 How to Shop
To: Commission From: Laura C. Tharney Re: Request from Member of Public to Change N.J.S. 39:6A-3.3 special automobile insurance policy Date: January 6, 2014 M E M O R A N D U M I received a copy of a request
A CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1 Introduction Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A. 2011 We represent many clients who have been involved in car accidents,
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
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.
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
M&A Risk Management: Collateral Liabilities and Solutions By Seth Gillston, with commentary from Tom Kim M&A Risk Management: Collateral Liabilities and Solutions Seth Gillston with commentary from Tom
CANAL INSURANCE COMPANY INDEMNITY COMPANY GEORGIA SUPPLEMENTAL APPLICATION MUST be completed if Auto Liability Coverage is requested 1. Applicant Name 2. DBA, if any UNINSURED MOTORIST COVERAGE SELECTION/REJECTION
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
9. Typical auto insurance benefits in both no fault and traditional States fall short of the needs of catastrophically injured victims. EXECUTIVE OFFICE INTER-COMMUNICATION From: KENNETH D. MERIN, DIRECTOR
114CSR63 WEST VIRGINIA LEGISLATIVE RULE INSURANCE COMMISSIONER SERIES 63 STANDARD MOTOR VEHICLE POLICY PROVISIONS Section. '114-63-1. General. '114-63-2. Definitions. '114-63-3. Liability Insurance Provisions.
South Carolina Department of Insurance 300 Arbor Lake Drive, Suite 1200 Columbia, South Carolina 29223 Mailing Address: P.O. Box 100105, Columbia, S.C. 29202-3105 Telephone: (803) 737-6223 MARK SANFORD
NEW JERSEY AUTO INSURANCE BUYER S GUIDE AD9460ARR-0704 American Bankers Insurance Company of Florida American Bankers Insurance Company of Florida 11222 Quail Roost Drive, Miami, FL 33157-6596 NEW JERSEY
FCS7020 Automobile Insurance 1 Nayda I. Torres and Josephine Turner 2 An automobile is often the most expensive property that people own, next to a home. As a result, protection against loss of an automobile
STATE OF OKLAHOMA 2nd Session of the 47th Legislature (2000) SENATE BILL 1555 By: Helton AS INTRODUCED An Act relating to insurance; amending 36 O.S. 1991, Section 3636, as amended by Section 5, Chapter
A GUIDE TO THE MINNESOTA NO-FAULT SYSTEM By Jeannie Provo-Petersen, Esq. Provo-Petersen & Assoc., P.A. 2006 8649 Eagle Point Blvd., Lake Elmo, MN 55042 Telephone (651) 227-2534 Fax (651) 297-6226 email@example.com
Motorcyclists and the Michigan No-Fault Law (2nd Edition) Important Questions and Answers By George T. Sinas SINAS, DRAMIS, BRAKE, BOUGHTON & MCINTYRE, P.C. ATTORNEYS AT LAW 3380 Pine Tree Road, Lansing,
2002 PA Super 50 PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. HELEN S. ZIATYK, Appellant NO. 302 EDA 2001 Appeal from the Order entered March 20,
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
AGENCY AGENCY CUSTOMER ID: NEW JERSEY AUTO SUPPLEMENT NAMED INSURED(S) POLICY NUMBER EFFECTIVE DATE CARRIER NAIC CODE NEW JERSEY AUTO INSURANCE BUYER'S GUIDE New Jersey Department of Banking and Insurance
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
insurance auto insurance our mission The mission of The USAA Educational Foundation is to help consumers make informed decisions by providing information on financial management, safety concerns and significant
ARE YOU DRIVING ON THIN ICE : FULL COVERAGE MIGHT NOT BE WHAT YOU THINK IT IS By: Jay R. Vaughn, Esq. Schachter, Hendy & Johnson, P.S.C. (859) 578-4444 firstname.lastname@example.org My practice focuses on personal
NEW YORK STATE BAR ASSOCIATION LEGALEase If You Have An Auto Accident If You Have An Auto Accident What should you do if you re involved in an automobile accident in New York? STOP! By law, you are required
Call Us Now (813) 269-7421 FREE Consultation Your Quick Reference for Florida Auto Accident Law At the Law Offices of Martin Schwartz, we are here to take care of your legal needs in the aftermath of an
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
Wayne Howell, PLLC If A GUIDE TO ARIZONA AUTOMOBILE INSURANCE COVERAGE you think you have "Full Coverage", you may be at risk without knowing it. "Full Coverage" means different things to different people;
Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense Accident Injuries and Your Car Insurance Critical Details You
There are countless drivers across the state of Arizona that are uninsured or underinsured. In fact, it is estimated that one (1) out of every five (5) drivers on the road is driving without insurance.
PERSONAL INJUJRY PROTECTION (PIP) COVERAGE What is PIP coverage? Personal Injury Protection (PIP) coverage, also known as No-Fault Coverage, is one of two types of automobile insurance coverage that is
NEW JERSEY AUTO INSURANCE BUYER S GUIDE COMMERCIAL PPA EDITION For Individually Owned Private Passenger Automobiles Written on Commercial Insurance Policies WHAT S INSIDE WHERE DO I START?...PAGE 2 UNDERSTANDING
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
WHERE TO GET MORE INFORMATION AND HELP This Buyer's Guide is intended to provide general information to help you make coverage choices. It is not a substitute for the policy language, which governs. Additional
BUYING CAR INSURANCE IN SOUTH CAROLINA Do you think your Auto Policy Protects You and Your Family For the Road Ahead? The Truth May Surprise You. Goose Creek 103 Laurel Ave. Goose Creek, SC 29445 Phone:
NEW JERSEY AUTO INSURANCE BUYER S GUIDE *C00179480010000001* 000001/00000 S1347I03 7668 07/23/12 PL-50074 (03-12) Page 1 of 9 WHAT S INSIDE WHERE DO I START?... UNDERSTANDING YOUR POLICY... Types of Coverage
MARYLAND AUTO INSURANCE BY MICHAEL J. SCHREYER, ANDREW D. ALPERT AND JOSEPH P. HART ATTORNEYS AT LAW K N O W L E D G E. E X P E R I E N C E. R E S U L T S. CALL FOR A FREE CONSULTATION (800) 301-7172 16901
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
THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER? Introduction After six straight years of decline, the National Highway Traffic Administration (NHTSA) reports that auto accidents, injuries
United States Workers Compensation/Indemnification Overview January 18, 2012 Jill Kirila email@example.com Kevin Hess firstname.lastname@example.org 36 Offices in 17 Countries Workers Compensation
COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS Policy No. Renewal 1. NAMED INSURED AND MAILING ADDRESS 2. POLICY PERIOD From To 12:01 A.M. standard time at your mailing address shown above. : 3. LIMITS
Guide to Knowing Your Auto & Homeowners Insurance Options Presented by: 1 When it comes to insurance, you can never know too much. What type of insurance is available and how much coverage you need? And
TITLE 13 CHAPTER 12 PART 3 INSURANCE MOTOR VEHICLE INSURANCE UNINSURED AND UNKNOWN MOTORISTS COVERAGE 18.104.22.168 ISSUING AGENCY: New Mexico Public Regulation Commission Insurance Division. [7/1/97; 22.214.171.124
UNITED SERVICES AUTOMOBILE ASSOCIATION NEW JERSEY AUTO INSURANCE BUYER'S GUIDE New Jersey Department of Banking and Insurance 999NJ(31) Rev. 6-04 Page 1 of 10 WHAT'S INSIDE WHERE DO I START? PAGE 2 UNDERSTANDING
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
2009 WI APP 51 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2008AP1036 Complete Title of Case: JOHN A. MITTNACHT AND THERESA MITTNACHT, PLAINTIFFS-APPELLANTS, V. ST. PAUL FIRE AND CASUALTY
Automobile INSURANCE GUIDE The Pennsylvania Insurance Department is here to help you understand automobile insurance. In the next few pages you will learn about auto insurance, types of coverage available,
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
New Jersey Car Insurance Checklist What You Need To Check To Be Sure You Are Protected! Why You Should Opt For: Motor Vehicle Medical Coverage (PIP) No Limitation on Lawsuit Liability Coverage AND Uninsured
(Stat/Reg #): Transportation Network Vehicle Insurance Requirements A. Definitions 1. "Personal Vehicle" means a vehicle that is used by a Transportation Network Company Driver in connection with providing
MICHIGAN DEFENSE Quarterly Volume 22, No. 4 April 2006 IN THIS ISSUE: Preventing Speculative Awards of Future Medical Expenses Residential Builders and the Consumer Protection Act Lawyers Support Staff
COUNTIES VEHICLE LAWS MOTOR VEHICLE ADMINISTRATION INSURANCE MARYLAND AUTOMOBILE INSURANCE FUND COUNTIES NOT REQUIRED TO MAINTAIN PIP AND UM COVERAGE ON THEIR VEHICLES January 24, 2000 Sean D. Wallace,
Chapter 11 Auto Insurance in the United States (continued) Overview Compensating innocent motorists who have been injured in auto accidents is an important issue for society. Private insurers are not anxious
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
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....
Protecting Your Business and Reducing Your Risk With Automobile Insurance Coverage As attorneys who represent catastrophically injured people in Missouri and Kansas, we see far too many people with inadequate
NEW JERSEY AUTO INSURANCE BUYER S GUIDE Chris Christie Governor Kim Guadagno Lt. Governor Commissioner WHERE DO I START?... 1 UNDERSTANDING YOUR POLICY... 2-6 Types of Coverages Standard and Basic Policies