| 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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| Setoff Provisions in No-fault Insurance Policies |
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| When an insured files a lawsuit against an insurance company, the insurance company can file a counter claim against the insured to reduce the amount of the insured's claim by an amount that the insurance company claims that the insured owes to it. The amount owed can be unpaid premiums or funds received by the insured from other sources that would exceed the amount of the insured's loss. This is called a setoff, an offset provision, or a benefit-set off provision. In the case of no-fault insurance, setoffs exist for a number of benefits that an insured could obtain due to an automobile accident. More... |
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| Drunk Driving Exclusion in Automobile Insurance Policies |
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| Drunk driving or driving while under the influence of alcohol or a controlled substance is illegal. Public policy does not permit a criminal to profit from a criminal act. Commonly, insurance companies include a clause in their automobile insurance policies that prohibit an insured from receiving damages for bodily injuries or death that occurred in an automobile accident caused by drunk driving. A drunk driving exclusion can be a separate clause in the policy or drunk driving could be excluded under the policy's crime exclusion. More... |
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| Proof of Loss Obligations |
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| When an insured has suffered a loss and wants to prove coverage under an automobile insurance policy, the insured must show the issuance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and notice and proof of loss to the insurance company. The proof of loss must give the insurance company adequate data from which it can determine its liability under the policy. The proof of loss must be in writing and set forth the injuries or damage sustained. A valuation of the loss should also be provided. More... |
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| Exclusions for Violations of Law in Motorists Insurance |
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| Insurance companies do not defend their insureds in criminal proceedings based on automobile collisions. However, nearly all automobile collisions result from infractions of traffic regulations. The fact that an insured was violating a law at the time a covered accident occurred does not relieve an insurance company's duty to defend that insured in a civil action or its duty to pay for the injuries or damages caused by the insured. More... |
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