Newsletters

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.

Tort Liability for Highway Design

The system of streets and highways in the United States covers many thousands of miles of road surface constructed of various kinds of materials and designed for a variety of vehicle types and operations. The extensive use of the streets and highways inevitably results in a large number of motor vehicle accidents that annually cause thousands of deaths and personal injuries and extensive amounts of property damage. In the legal actions that follow, it is not surprising that the design and construction of the roadways on which such accidents take place should be brought into a case as possible bases for a finding of liability.

Role of Auto Accident Reconstruction Experts

Automobile accidents can be very messy. In order to determine what led to an accident, an automobile accident reconstruction expert can be employed. The expert will try to determine the most probable reason for the accident. Automobile accident reconstruction experts use information from the accident scene, witnesses, the damaged vehicles, and other sources to make conclusions about how the accident happened and, sometimes, why it happened. The expert can be called to testify at a trial on his or her conclusions in an effort to help the jury.

Insurance Coverage for Motorcycles

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.

Applicant's Duty to Read Application for Auto Insurance

The contractual agreement entered into when a policy of auto insurance is created is based on the application for insurance made by a prospective insured to an insurer. In situations where there are disparities between the policy as issued and the insured's understanding of the coverage he or she was applying for, or where errors or inaccuracies are found to exist in matters asserted or acquiesced in by the insured in the application, legal issues may arise concerning the extent of the insured's duty to have read the application so as to assure its accuracy and completeness.