Insurance Law

ILLUSORY INSURANCE STATUTE?

In a surprising ruling, the New Mexico Supreme Court deemed that insurance companies were not permitted to charge a premium for minimal underinsured motorist coverage unless the insurer’s policy disclosed that the coverage was illusory. In this case the insured...

Taxes and Associated Fees In Acquiring A Replacement Vehicle Are Not Required To Be Calculated As The Automobile’s ACV When Dealing With A Physical Damage Claim

The 6th Circuit Court of Appeals recently held in Wilkerson v. American Family Insurance Co., 997 F.3d 666 (6th Cir. 2021) that ACV meant market value in a standard automobile policy and that market value did not include the taxes and fees that the insured needed to...

MISSISSIPPI SUPREME COURT FINDS THAT HOMEOWNER POLICY’S MOTOR VEHICLE EXCLUSION APPLIED TO A CLAIM OF DELAY AND RENDERING AID TO AN ACCIDENT VICTIM AFTER A MOTOR VEHICLE ACCIDENT OCCURRED

In Champ v. Mississippi Farm Bureau Casualty Insurance Company, 2021 WL 790679 (Miss. March 2, 2021), a pedestrian was struck by a vehicle. The driver of the vehicle stated that she did not know that her vehicle hit something until she reported the incident to her...

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