Auto Accidents
| Tort Liability of Owners/Operators of Private Motor Vehicles |
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| While the owners and operators of private motor vehicles sometimes think of their possession of auto insurance as totally eliminating any potential tort liability on their parts, such owners and operators remain subject to the tort system to the extent that their insurance coverage does not encompass part or all of their legal liability for an incident that has caused personal injury or property damage to another person. Such a situation can arise, for example, where a court judgment reflecting injury or damage caused by an insured private vehicle owner or operator exceeds the limits of his or her policy, or where the insured's failure to provide required notice to an insurer or cooperate in the defense of a legal action causes the insurer to assert that it is not required to provide coverage for the loss under the policy. More... |
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| Obligation to Cooperate in Motor Vehicle Insurance |
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| Most automobile insurance policies have a clause that requires an insured to cooperate with the insurance company. The cooperation clause, also known as the cooperation and assistance provision, requires an insured to act in a manner that does not obstruct an insurance company's handling of a claim against an insurance policy. Further, the cooperation clause seeks to stop insureds and claimants from acting together against insurance companies. To breach the cooperation clause, an insured's obstructive conduct must be willful and must prejudice the insurance company. More... |
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| Stacking Provisions for Auto-Insurance |
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| Often more than one automobile insurance policy is in effect for vehicles involved in a collision. Sometimes a single insurance policy can contain several types of coverage that could be applied to the accident. When these situations exist, an insured or the passengers in the insured's vehicle may seek to combine the benefits of the multiple coverage provisions in the policy or policies. This is called "stacking." It can also be called "pyramiding." More... |
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| Tort Liability for Highway Maintenance |
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| The massive collapse of an interstate highway bridge in Minnesota in 2007 has served as a stark reminder of the problems created by the aging infrastructure in the United States. Numerous less dramatic examples of the consequences of failure to properly maintain and repair highways and associated structures such as bridges and tunnels have led to the bringing of legal actions claiming damages for deaths, personal injuries, or property damage caused by such occurrences. Such actions can involve both governmental units and contractors who perform highway repair and maintenance work on behalf of those governmental units. More... |
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| Cancellation of Auto Insurance for Accidents and Traffic Violations |
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| The system of motor vehicle insurance in the United States is based on the ever-changing risk and loss experience of insurers, which in turn is created by the way in which individual drivers operate their cars and trucks on an everyday basis. More... |
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