Auto Accidents
| Exclusions for Intentional Acts in Motorist Insurance |
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| State legislatures have authorized motorist insurance companies to exclude coverage, including uninsured motorist coverage, for any damages from an intentional act in their policies. Public policy prohibits insurance coverage for intentional acts because a person should pay for his or her intentional injury to another person. Further, the courts have held that injuries caused by an intentional act are not caused by "accident." More... |
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| Cancellation of Auto Insurance for Misrepresentations in Application |
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| While an insurer may sometimes cancel a policy for misrepresentations made during the application process, the insurer's right to do so may be limited by legal principles that take into consideration such things as the nature and extent of the misrepresentations made, the insurer's own diligence in determining the true facts of the situation, and the consequences for innocent third parties who have in effect placed their reliance on the insurer's action in issuing a policy whose issuance it has now come to regret. More... |
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| "Escape Clauses" in Automobile Insurance Policies |
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| An automobile insurance policy may have a provision for "other insurance." When more than one insurance policy provides coverage for a loss, the "other insurance" clause can limit an insurance company's liability by defining the priority in which the policy should pay an insured's claim. There are three types of "other insurance" clauses: (1) pro rata; (2) excess; and (3) escape. More... |
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| Manufacturer Defenses in Automotive Products Liability Cases |
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| The basic elements of proof that a plaintiff has to establish in a products liability action against the manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was put to its intended use 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. Vehicle defects can include shortcomings in the design of a vehicle, mistakes in the manufacture of its component parts or in their assembly into a complete car or truck, and failure to warn the purchaser or operator of a risk inherent in the use and operation of the vehicle. Manufacturers have a number of defenses available to them in seeking to prevent a plaintiff from succeeding in an automotive products liability action. More... |
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| Interaction of Collision and Comprehensive Coverage in Auto Insurance Policies |
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| Collision coverage and comprehensive coverage in policies of motor vehicle insurance are interrelated with one another, as both types of coverage are intended to protect an owner or operator against loss resulting from damage to a covered vehicle itself rather than insuring against legal liability for personal injury or property damage suffered by others that results from operation of the covered vehicle. More... |
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