Underinsured/Uninsured Motorists Stacking Provisions

Underinsured motorist coverage, sometimes abbreviated UIM, and uninsured motorist coverage, sometimes abbreviated UM, are included in motor vehicle insurance policies as a consequence of the fact that many owners and operators of cars and trucks either do not maintain adequate insurance coverage on their vehicles or operate those vehicles without any insurance coverage at all.

Tort Liability for Use of Emergency Vehicles

The operations of emergency vehicles are a common everyday feature on the streets and highways of the United States. These operations consist of the employment of vehicles that include ambulances, police cars, and fire trucks in response to situations demanding more or less immediate reaction. Due to the frequency of their operations and the nature of their use, emergency vehicles are inevitably involved in accidents that result in the bringing of legal actions seeking to recover damages for death, personal injury, or property damage caused by such accidents.

Insurer's Duty to Defend

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.

Punitive Damages in Automotive Products Liability Actions

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.

Mediation of Coverage Disputes: Uninsured and Underinsured Motorist Insurance

Mediation is a form of alternative dispute resolution that can be used by an insurance company and an insured to settle a dispute between themselves regarding uninsured or underinsured motorist coverage as well as other disputes. The alternative to mediation would be a lawsuit. In mediation, a third person, who has experience with insurance disputes, meets with the insurance company and the insured to try to work out a solution on which both parties can agree.