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Litigation 2: Auto LawArticles concerning delay damages for UM claims; Restatement's impact on auto cases; unreasonable conduct under vehicle franchise laws; avoiding uncertainty in post-Koken trials and more can be found in our Auto Law Supplement.
2013-06-18 04:13:29 PM
High Court Puts Brakes on Delay Damages for UM Claims
In Marlette v. State Farm Mutual Automobile Insurance, 57 A.3d 1224, 2012 Pa. LEXIS 3009 (Pa. Dec. 28, 2012), the Pennsylvania Supreme Court squarely addressed the issue of whether a plaintiff-insured in an uninsured motorist (UM) claim is entitled to delay damages for the full amount of the jury's verdict or the legally recoverable molded verdict as reflected by the applicable UM insurance policy limits. Full Text
Restatement Debate's Impact on Automobile Cases
When an automobile accident takes place, the attorney's first reaction is to bring a claim against the other driver where warranted. However, in many circumstances, the other driver is not responsible or does not have sufficient insurance coverage for the injuries sustained. When this occurs, under the appropriate circumstances, inquiry into a products liability claim is warranted. Full Text
Avoid Uncertainty With Cooperation in Post-Koken Trials
As expected — or perhaps dreaded, depending upon which side of the courtroom you sit — uninsured and underinsured motorist claims litigation has completely changed in the wake of Insurance Federation of Pennsylvania v. Koken, 889 A.2d 550 (Pa. 2005). The landmark Pennsylvania Supreme Court ruling has created a longer path to resolution filled with hazy rules and a lack of uniformity. Full Text
Unreasonable Conduct Under Pa. Vehicle Franchise Laws
Pennsylvania has elected to follow many other states in enacting vehicle dealer franchise laws as part of the Pennsylvania Vehicle Manufacturers, Dealers and Salespersons Act, 63 P.S. §818.1. In addition to providing licensing requirements and consumer protections, these statutes also attempt to protect the rights of Pennsylvania dealers and consumers by establishing laws to govern certain aspects of the relationships between vehicle manufacturers/distributors and their new vehicle dealers. Full Text
Trucking Accident Litigation: Not Just Another Auto Case
When evaluating liability in a car accident case, it is important to have knowledge of and access to the available tools — the rules of the road. There is the potential for negligence per se if a driver is speeding, failing to keep an assured clear distance or violating other Vehicle Code provisions. The introduction of a tractor-trailer or a bus into the accident adds even more "tools." Full Text
Don't Be Hands-Off on the Hands-Free Phone Debate
According to the Pennsylvania Department of Transportation, more than 14,600 crashes involved a distracted driver in Pennsylvania in 2012. In 57 of those crashes, people died. Nearly 11 percent of Pennsylvania crashes over the past five years involved a driver distraction, resulting in more than 300 fatalities statewide. Full Text