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Can an Insurer Limit Underinsured Motorist Property Damage Coverage to “Covered Autos?”

Can an Insurer Limit Underinsured Motorist Property Damage Coverage to “Covered Autos?”

Apr 5, 2023 | Auto Accidents, Insurance, Personal Injury

In USAA Casualty v. Rafferty, the SC Supreme Court answered a certified question from the US District Court, holding that insurance companies cannot limit underinsured motorist (UIM) coverage to vehicles defined as “covered autos.”  In a companion case from SC state...
Why Lawyers Don’t Talk About Insurance at Trial

Why Lawyers Don’t Talk About Insurance at Trial

Sep 2, 2021 | Auto Accidents, Insurance, Personal Injury

A common question from jurors in personal injury trials is, “will insurance cover our verdict?”  The answer: “You have been instructed on the law you are to apply in this case. You must take the law as it is and carefully apply it to the facts as you find them,” or...
When Confidentiality Orders Kill: How Plaintiffs’ Lawyers, Defense Lawyers, and Judges Cause Thousands of Deaths to Protect Corporate Interests

When Confidentiality Orders Kill: How Plaintiffs’ Lawyers, Defense Lawyers, and Judges Cause Thousands of Deaths to Protect Corporate Interests

Aug 9, 2021 | Auto Accidents, Insurance

Confidentiality orders are routine in many types of personal injury cases – especially product liability cases. Why do defense attorneys insist on confidentiality orders for discovery and confidentiality clauses in their settlement agreements?  They don’t want to get...
Insurance Won’t Pay My Claim – What Should I Do?

Insurance Won’t Pay My Claim – What Should I Do?

May 21, 2021 | Auto Accidents, Insurance

Many people are surprised when they contact another driver’s insurance company after an auto accident, their liability seems clear, your property damage and medical bills are well documented, and yet insurance won’t pay the claim.  I talked to a friend this morning...
Nationwide v. Walls: No Step-Down Provisions in Auto Insurance Policies

Nationwide v. Walls: No Step-Down Provisions in Auto Insurance Policies

Apr 15, 2021 | Auto Accidents, Insurance

Imagine both of your parents are killed in an auto accident, and, when you file the insurance claim, the insurance company informs you that, because you own the policy and they are your family members, they are going to settle your claim for the statutory minimum of...
Common Issues and Insurance Defenses in Car Accident Cases

Common Issues and Insurance Defenses in Car Accident Cases

Mar 10, 2021 | Auto Accidents, Insurance

What are some of the more common issues and insurance defenses in car accident cases?  You may have heard of “the three D’s” of insurance defense – deny, delay, and defend. One thing you can be sure of – the at-fault driver’s insurance company does not want to pay...
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