| Tort Liability for Highway Design |
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| 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. 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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| Manufacturing Defects in Automotive Products Liability Cases |
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| The essential things that have to be proved by a plaintiff in a products liability action against the manufacturer or seller of a car or truck are that the vehicle contained a defect that created an unreasonable risk of danger when the vehicle was used for its intended purpose and that the alleged defect caused the occurrence of a collision or similar incident, for example a vehicle fire, that resulted in the death, personal injury, or property damage for which the plaintiff seeks to recover damages. Such alleged defects in a vehicle may include shortcomings in its design, errors in the manufacturing of its numerous parts and their assembly into a complete car or truck, or failure to properly warn the purchaser or user of some danger inherent in the operation and use of the vehicle. More... |
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| Auto Insurance Coverage for Newly Acquired Vehicles |
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| When a vehicle owner has an automobile insurance policy and acquires a new vehicle, the new vehicle will be automatically covered to the same extent and policy amounts as the insured's other insured vehicles, if the insurance policy has a provision for newly acquired vehicles. A newly acquired vehicle can be a replacement vehicle or an additional vehicle. The term also includes purchased and leased vehicles. More... |
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| Assigned Risk Coverage |
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| State assigned risk plans basically operate by creating a pool made up of those drivers who would otherwise not be able to obtain necessary insurance coverage and apportioning the responsibility for providing coverage on the members of that pool among the insurers who write motor vehicle policies in the state. As a consequence of the unique and higher-risk nature of the assigned risk business, state laws covering assigned risk plans often contain detailed provisions concerning application for, participation in, and termination of assigned risk coverage. More... |
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