Auto Accidents
| Insurers' Obligation to Indemnify |
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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 indemnify the insured in the event of a claim within the policy's coverage. The insurance company's duty to indemnify is usually triggered when the insured's legal obligation to pay damages is established either through a court judgment or a settlement. The duty to indemnify depends on facts and not speculation. This makes the duty to indemnify narrower in scope than an insurance company's duty to defend an insured. 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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| 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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| Insurance Coverage for Motorcycles |
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| Whether it is warmer weather or increased fuel costs, more motorcycles are evident on America's roads and highways. There is a greater danger involved in riding a motorcycle than in driving a car. As a result, insurance companies treat motorcycles and their riders differently than automobiles and their passengers. Such treatment does not violate the constitutional right of equal protection under the law. More... |
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| Setoffs and Underinsured Motorist Insurance Policies |
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| An automobile insurance policy may contain a set-off clause, which provides that an insured cannot recover bodily injury benefits under both the liability coverage part and the underinsured motorist coverage part of the policy. When an insured fully recovers his or her losses under the liability provision of an automobile insurance policy, the insured could not then seek to recover under the underinsured motorist provision of the same policy. More... |
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