| Auto Insurance Coverage for Tow Trucks |
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| The frequency of occurrence of vehicular accidents and various kinds of mechanical breakdowns that cause the disablement of cars and trucks on the streets and roads of the United States necessarily results in an extensive use of tow trucks to assist in the resolution of such situations and the removal of affected vehicles from the scenes of such accidents and breakdowns. The operations of tow trucks, and the variety of risks involved in their use, create a number of unique concerns in the area of motor vehicle insurance.More... |
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| Overview of Underinsured/Uninsured Motorist Coverage |
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| Because a substantial number of owners and operators of cars and trucks in the United States fail to maintain adequate insurance coverage or operate their vehicles without any insurance coverage at all, many motor vehicle insurance policies contain provisions for underinsured motorist coverage, sometimes abbreviated UIM, or uninsured motorist coverage, sometimes abbreviated UM. The intent of such provisions is to give persons insured under auto insurance policies and innocent third persons some of the insurance protection they would have enjoyed if the underinsured or uninsured motorist with whom they are involved in an accident had maintained adequate insurance coverage on an uninsured or underinsured vehicle.More... |
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| Tort Liability of Owners/Operators of Commercial Motor Vehicles |
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| The potential tort liability of owners and operators of commercial motor vehicles implicates a number of unique legal issues. These range from some that are more obvious, such as the simple increase in the kinds and extent of risks of personal injury and property damage that arise from commercial vehicle use in contrast to the operation of private vehicles, the numbers of operators and numbers and types of vehicles involved in commercial activities, and the so-called "deep pockets" of business entities that make them more susceptible to having tort actions brought against them, to less immediately apparent matters such as the existence, in some jurisdictions, of a legal presumption, which would have to be affirmatively overcome by the persuasive evidence of a commercial vehicle owner, that the operator of a commercial vehicle is in fact the employee or agent of the owner at the time the vehicle is involved in an incident giving rise to potential tort liability.More... |
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| Insurer's Duty to Fully Investigate an Insured's Claim |
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| An insurance company has a duty to fully investigate an insured's claim for benefits before denying it. A thorough investigation and fair evaluation of an insured's claim requires an insurance company to examine the insured's proof of loss statement and supporting documents. Further, the insurance company cannot ignore evidence that is available to it which supports the claim. That is, the insurance company cannot focus only on the facts that would justify its denial of the claim.More... |
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| Obligation to Cooperate in Motor Vehicle Insurance |
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| Most automobile insurance policies have a clause that requires an insured to cooperate with the insurance company. The cooperation clause, also known as the cooperation and assistance provision, requires an insured to act in a manner that does not obstruct an insurance company's handling of a claim against an insurance policy. Further, the cooperation clause seeks to stop insureds and claimants from acting together against insurance companies. To breach the cooperation clause, an insured's obstructive conduct must be willful and must prejudice the insurance company.More... |
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