| 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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| Automobile "Rollover" Products Liability Cases |
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| An automobile rollover accident is known as one of the most dangerous types of accidents that vehicle occupants can experience. When the rollover accident is not fatal, the resulting injuries are serious and disabling, with paralysis and traumatic brain injury commonly reported. Vehicle rollover litigation is very complex, even when the rollover involved a single car. A rollover accident is often the result of interactions among a driver's action or non-action, the vehicle's components, the roadway, and weather conditions. Many defective design actions have been litigated involving vehicle rollover accidents. 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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| Auto Insurance Coverage for Nonowned Vehicles |
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| At times a driver may have permission to use an automobile that he or she does not own. If a driver is in an accident while driving a non-owned car, the driver's insurance policy will generally cover the non-owned vehicle. More... |
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| Punitive Damage Exclusions in Motorists Insurance |
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| Some automobile insurance policies have clauses that specifically exclude the payment of punitive or exemplary damages against an insured. Punitive or exemplary damages do not pay for bodily injuries or property damage. They are awarded over and above payment for those items. Punitive or exemplary damages are intended to punish the person who caused the injuries or damage or to make that person an example to deter others from such conduct. More... |
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