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.
Coverage For Employees Operating Vehicles Within the Course of Employment
Vehicles are very important for the conduct of business. From making deliveries to taking employees on sales calls, employers often make vehicles available to employees to use in the course of their employment. Corporate insureds can obtain fleet insurance for motor vehicles from their automobile insurance company. That insurance generally covers injury, damage, or theft of owned or leased vehicles. It also provides coverage to the corporate insured if its employees are involved in an accident while driving a fleet vehicle on company business. A fleet insurance policy will cover a number of vehicles in one policy that are owned or leased by one corporate insured.
Underinsured/Uninsured Motorists Mandatory Coverage
Requirements for providing or offering underinsured motorist coverage and uninsured motorist coverage are not uniform. In some states, it is mandatory for insurers to provide a specified amount of underinsured motorist and uninsured motorist coverage; the amounts that are specified may coincide with the minimum required liability insurance coverage in the state. In other states, insurers are merely required to make such coverage available to the purchasers of auto insurance policies. In yet other states, the subject of underinsured motorist and uninsured motorist coverage is considered to be a voluntary matter between the insurer and the insured.
Rights of Injured Passengers in Auto Accident Cases
Passengers injured in automobile accidents have a right to recover compensation for their losses. It does not matter whether the driver of the vehicle in which the passenger was riding or the driver of another vehicle was at fault for the accident. In fact, a number of automobile insurance policies may be available to compensate an injured passenger. Of course, under some insurance policies, the passenger may be an excluded person. For instance, an automobile insurance policy with a passenger for consideration exclusion clause would not cover the passenger, who routinely paid the driver to take the passenger on errands or to an airport.
Insurer's Duty to Fully Investigate an Insured's Claim
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.
