| Underinsured/Uninsured Motorists Exhaustion Requirements |
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| Underinsured motorist and uninsured motorist provisions in auto insurance policies often contain language stating that the underinsured or uninsured motorist coverage will not become available until the policy limits of all insurance policies that are applicable to the accident have been exhausted by the payment of judgments or settlements. Such exhaustion requirements are included in the policy because of the substitute or supplemental nature of the coverage and the understandable desire of the insurer to assure that all other available coverage has been applied before it is obligated to pay benefits under the underinsured or uninsured motorist provisions of the policy. More... |
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| Tort Liability of Owners/Operators of Commercial Motor Vehicles |
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| The potential tort liability of owners and operators of commercial motor vehicles implicates a number of unique legal issues. These range from some that are more obvious, such as the simple increase in the kinds and extent of risks of personal injury and property damage that arise from commercial vehicle use in contrast to the operation of private vehicles, the numbers of operators and numbers and types of vehicles involved in commercial activities, and the so-called "deep pockets" of business entities that make them more susceptible to having tort actions brought against them, to less immediately apparent matters such as the existence, in some jurisdictions, of a legal presumption, which would have to be affirmatively overcome by the persuasive evidence of a commercial vehicle owner, that the operator of a commercial vehicle is in fact the employee or agent of the owner at the time the vehicle is involved in an incident giving rise to potential tort liability. More... |
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| Auto Insurance Coverage for Leased and Rented Vehicles |
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| A rental car or leasing company may not be required to provide automobile insurance coverage for its renters or lessees during the rental or lease period. Further, an insurer of a renter or lessor can exclude any liability coverage for their customers. The specific provisions of a vehicle rental or lease agreement should be carefully reviewed to decide whether minimum insurance coverage is provided for renters or lessees. 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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| Automobile Insurance Policies: Refusals to Insure |
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| An automobile insurance company has the right to choose whom it will insure. If an applicant for automobile insurance is deemed to be a bad risk, the insurance company can refuse to issue an insurance policy. Ordinarily, the insurance company does not have to give the applicant a reason for refusing to insure him or her. However, insurance companies must act in good faith in their dealings with insureds and applicants. Although an insurance company can refuse to insure someone, they cannot refuse to insure a person for an improper reason. The same applies to the cancellation of an insurance policy. More... |
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