Newsletters

Tort Liability for Highway Maintenance

The massive collapse of an interstate highway bridge in Minnesota in 2007 has served as a stark reminder of the problems created by the aging infrastructure in the United States. Numerous less dramatic examples of the consequences of failure to properly maintain and repair highways and associated structures such as bridges and tunnels have led to the bringing of legal actions claiming damages for deaths, personal injuries, or property damage caused by such occurrences. Such actions can involve both governmental units and contractors who perform highway repair and maintenance work on behalf of those governmental units.

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.

Auto Insurance Coverage for Leased and Rented Vehicles

A rental car or leasing company may not be required to provide automobile insurance coverage for its renters or lessees during the rental or lease period. Further, an insurer of a renter or lessor can exclude any liability coverage for their customers. The specific provisions of a vehicle rental or lease agreement should be carefully reviewed to decide whether minimum insurance coverage is provided for renters or lessees.

Underinsured/Uninsured Motorists Exhaustion Requirements

Underinsured motorist and uninsured motorist provisions in auto insurance policies often contain language stating that the underinsured or uninsured motorist coverage will not become available until the policy limits of all insurance policies that are applicable to the accident have been exhausted by the payment of judgments or settlements. Such exhaustion requirements are included in the policy because of the substitute or supplemental nature of the coverage and the understandable desire of the insurer to assure that all other available coverage has been applied before it is obligated to pay benefits under the underinsured or uninsured motorist provisions of the policy.

Personal Injury Protection under No-Fault Automobile Coverage

Personal injury protection ("PIP"), also known as ''no-fault benefits'' or first-party benefits, coverage is an extension of automobile insurance coverage. It pays, up to a certain amount, an insured's health care expenses and other damages, like lost wages and income continuation benefits, due to an automobile accident regardless of who was at fault. Several no-fault automobile insurance states require drivers to carry PIP coverage. In some states, insurance companies are required to offer PIP coverage. Insureds can then purchase it, if they choose.