| 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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| Coverage for Hit-and-Run Accidents |
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| A typical hit-and-run accident is a collision between two vehicles, and one of them leaves the accident scene. However, there are other types of hit-and-run accidents. A hit-and-run accident may also involve chain reaction accidents, flying auto parts, auto debris on the road, and objects thrown or shot from other vehicles. More... |
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| Violation of Traffic Laws as Proof of Negligence |
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| In an automobile accident action against a driver for damages suffered in a car collision, the driver's violation of a traffic law can be evidence of his or her negligence. The law calls negligence based upon the violation of a specific requirement of law "negligence per se." Negligence per se means that as a matter of law negligence existed. While the violation of a traffic law is negligence as a matter of law, the violation does not mean that the driver is liable unless the negligence was the proximate cause of the plaintiff's injury. Negligence is ordinarily a question for a jury. It only becomes a question of law when a court determines that only one conclusion can reasonably be drawn from the evidence. If the violation of the traffic law is treated as negligence per se, the question of negligence will not be given to the jury. 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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| 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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