Auto Accidents
| "Escape Clauses" in Automobile Insurance Policies |
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| An automobile insurance policy may have a provision for "other insurance." When more than one insurance policy provides coverage for a loss, the "other insurance" clause can limit an insurance company's liability by defining the priority in which the policy should pay an insured's claim. There are three types of "other insurance" clauses: (1) pro rata; (2) excess; and (3) escape. More... |
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| Omnibus Clauses in Auto Insurance |
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| An omnibus clause in an automobile liability insurance policy extends coverage under the policy to those using an insured automobile with a named insured's express or implied permission. The clause is also known as an additional insureds clause. State statutes generally require automobile liability insurance companies to provide omnibus clauses in their insurance policies. More... |
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| Settlement Obligations under Automobile Insurance Policies |
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| An automobile insurance policy can contain a clause that requires an insured to obtain the consent of the insurance company before settling a lawsuit with an uninsured motorist. Some states require the consent-to-settle clause by statute. In the absence of a statutory requirement, many courts have upheld consent-to-settle clauses. Those states that do not enforce such clauses often cite public policy. They fear that an insurance company will be able to avoid paying its share of uninsured motorist coverage by failing to consent to a settlement. Other courts find that such clauses can reduce settlements by creating another step for the insured take. More... |
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| Proof of Loss Obligations |
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| When an insured has suffered a loss and wants to prove coverage under an automobile insurance policy, the insured must show the issuance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and notice and proof of loss to the insurance company. The proof of loss must give the insurance company adequate data from which it can determine its liability under the policy. The proof of loss must be in writing and set forth the injuries or damage sustained. A valuation of the loss should also be provided. More... |
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| Crashworthiness Issues in Automotive Products Liability Cases |
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| In order to succeed in a products liability action against the manufacturer or seller of a motor vehicle, a plaintiff has to show that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Automotive products liability cases may involve allegations that a car or truck was defective in some aspect of the way in which it was designed, in the manner in which its parts were manufactured and assembled into a complete vehicle, or due to a failure to warn the purchaser or user of the vehicle of some danger inherent in its use and operation. Cases involving the doctrine of crashworthiness (which is sometimes referred to as enhanced injury or second collision) constitute a subset of those cases in which it is alleged that a design defect in a vehicle was the cause of the injuries complained of. More... |
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