| Medical Payments Coverage in Auto Insurance |
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| Physical injuries requiring varying degrees of medical attention that range from the superficial to the extensive are a common consequence of motor vehicle accidents. Medical payments provisions have been included in auto insurance policies in order to provide insured persons and occupants of covered vehicles reimbursement of payments made in obtaining such medical treatment after an accident. More... |
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| Automobile Insurer's Duty to Exercise Good Faith |
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| Among its other duties, an automobile insurance company is required to act in good faith when dealing with an insurance claim. This duty to exercise good faith continues throughout the entire claim process. There is an implied covenant of good faith and fair dealing in every insurance contract. More... |
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| Punitive Damages in Automotive Products Liability Actions |
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| A plaintiff in an automotive products liability action is generally required to prove that a motor vehicle as sold contained a defect in its design, in the way in which it was manufactured or assembled, or in the failure to warn of a risk inherent in its operation that created an unreasonable risk of death, personal injury, or property damage when the vehicle was used for its intended purpose and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages. Because proof of the existence of such conditions does not involve passing judgment on the conduct of the manufacturer, but merely on the status of the vehicle as sold, the plaintiff in such a case can ordinarily recover only his or her actual damages, which can include economic losses and damages for non-economic losses based on the jury's determination of the dollar value of the pain and suffering resulting from the accident. Sometimes, though, the manufacturer's conduct in dealing with the alleged vehicle defect becomes an issue in the case, and the plaintiff may then attempt to recover punitive damages in addition to the actual damages suffered. More... |
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| Comprehensive Coverage |
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| Cars and trucks can be damaged in a wide variety of ways and by a wide variety of instrumentalities, both while they are in operation and while they are parked and at rest. Comprehensive coverage under motor vehicle insurance policies has been devised in order to provide owners and operators of vehicles with protection against the risk that such damage to a vehicle will occur. More... |
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| Insurer's Duty to Defend |
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| Under an insurance policy, an insurance company has two principal obligations. One of those obligations is the insurance company's duty to defend the insured in the event of a claim within the policy's coverage. The insurance company's duty to defend is triggered when the insured gives the insurance company notice of the claim or lawsuit against the insured. The duty to defend an insured is controlled by statute and common law. More... |
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