Household/Family Members Exclusions in Motorists Insurance

Exclusions in a motorist insurance policy that deny coverage to members of an insured's family or household may or may not be valid in a particular case. Further, several factors must be considered before an injured party may be found to be a member of an insured's family or household. It is best to check current case law before accepting that these exclusions in a motorist insurance policy bar an injured person's recovery from the insured's policy.

Business Use Exclusion in Motorist Insurance

Some motorist insurance policies exclude coverage for injuries and damages if they occur while a vehicle is being used for a business purpose. For example, if a driver is using his or her personal van to make deliveries for the driver's home-based business and causes a collision with another vehicle, the driver's insurance company would refuse to pay for the damage caused to the other vehicle and for any injuries to those riding in it. In effect, the exclusion causes a vehicle to drive in and out of insurance coverage depending on its driver's particular mission.

Attorneys Retained by Auto Insurers: Duty to the Insured

When a lawsuit is filed against an automobile insurance company's insured for damages allegedly suffered by a claimant in an automobile accident with the insured, the insurance company has a duty to defend the insured. A part of the insurance company's duty can be the right to retain an attorney for the insured's defense and to pay that attorney's fee. Because the insurance company selects and pays the defense counsel, questions arise regarding who is the attorney's client and whether the attorney owes a duty to only the insured or to both the insured and the insurance company.

Fleet Auto Insurance Policies

A mention of the topic of auto insurance generally brings to mind the myriad policies that cover the individual owners and drivers and individual cars and trucks that operate every day on the streets and highways of the United States. In many cases, though, fleets of greater or lesser numbers of vehicles owned by a single entity and operated by many different individuals are sent out on the roads in order to carry out the business of their owners. The existence of such fleets creates unique issues in the area of motor vehicle insurance.

Effect of Federal Motor Vehicle Safety Standards on Automotive Products Liability Cases

The National Highway Traffic Safety Administration, commonly known as NHTSA, an agency of the United States Department of Transportation, enacted an initial set of Federal Motor Vehicle Safety Standards, or FMVSS, in the late 1960s. NHTSA has amended and updated the FMVSS, and has added new standards to the original group of FMVSS, since that time. Every new motor vehicle sold in the United States is required to comply with all of the FMVSS that are applicable to that type of vehicle. (Due to differences in the configurations of passenger cars and trucks, certain of the FMVSS are limited in their application to one type of vehicle or the other.) In an automotive products liability case, a legal action in which a plaintiff seeks to recover damages from the manufacturer or seller of a motor vehicle for death, personal injury, or property damage caused by an alleged defect in the design or manufacture of the vehicle or by the failure to warn of a danger inherent in its use and operation, the FMVSS sometimes play a role in determining the outcome of the dispute between the parties.