| Tort Liability for Use of Emergency Vehicles |
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| The operations of emergency vehicles are a common everyday feature on the streets and highways of the United States. These operations consist of the employment of vehicles that include ambulances, police cars, and fire trucks in response to situations demanding more or less immediate reaction. Due to the frequency of their operations and the nature of their use, emergency vehicles are inevitably involved in accidents that result in the bringing of legal actions seeking to recover damages for death, personal injury, or property damage caused by such accidents. 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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| 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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| Subrogation in Underinsured/Uninsured Motorist Cases |
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| When an insurer pays a benefit under a policy provision for underinsured motorist coverage or uninsured motorist coverage, it is in effect paying a debt owed by the underinsured or uninsured driver, the person who is actually liable for the damages arising as a result of the event that led to the insurer having to make the payment. An insurer who makes such payments has a right, the right of subrogation, by which it is permitted to take legal action against the underinsured or uninsured motorist in an attempt to recover as much as possible of the amount the insurer has paid out. The insurer's subrogation right will only have value, as a practical matter, to the extent that the underinsured or uninsured driver has assets that can be seized by legal process to satisfy the judgment that the insurer obtains against the underinsured or uninsured driver in its subrogation action. More... |
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| Setoff Provisions in No-fault Insurance Policies |
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| When an insured files a lawsuit against an insurance company, the insurance company can file a counter claim against the insured to reduce the amount of the insured's claim by an amount that the insurance company claims that the insured owes to it. The amount owed can be unpaid premiums or funds received by the insured from other sources that would exceed the amount of the insured's loss. This is called a setoff, an offset provision, or a benefit-set off provision. In the case of no-fault insurance, setoffs exist for a number of benefits that an insured could obtain due to an automobile accident. More... |
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