| Liability of Non-Manufacturing Seller in Automotive Products Liability Cases |
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| A plaintiff in an automotive products liability case against the manufacturer or seller of a motor vehicle generally has to prove that the vehicle at the time of sale contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was used for its intended purpose and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the damage or loss for which the plaintiff seeks to recover damages. Under traditional legal principles, any party involved in the chain of transactions leading up to the retail sale of the vehicle, including the dealer who sold the car or truck, could be held liable in such a case. Motor vehicle dealers, like any party against whom a legal action is brought, would like to limit their potential liability to matters for which they can be shown to have a direct and undeniable responsibility. More... |
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| Auto Insurance Coverage for Permissive Users |
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| If a motor vehicle driver had permission to use an insured vehicle and has an accident, the vehicle owner's automobile insurance policy may provide coverage. The permission had to be given by a named insured on the policy. The permission could be either express or implied. The permission had to exist at the time of the accident. More... |
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| "Escape Clauses" in Automobile Insurance Policies |
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| An automobile insurance policy may have a provision for "other insurance." When more than one insurance policy provides coverage for a loss, the "other insurance" clause can limit an insurance company's liability by defining the priority in which the policy should pay an insured's claim. There are three types of "other insurance" clauses: (1) pro rata; (2) excess; and (3) escape. More... |
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| Motor Vehicle Insurer's Right to Reimbursement of Indemnity Payments |
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| The obligations of insurers to make payments under policies of motor vehicle insurance are based on the sometimes uncertain answers to questions about the extent of coverage and the liability of an insured to a party making a claim under the policy. An insurer may therefore face a difficult decision as to whether to make a payment in response to a third party's demand for such payment under a policy, risking the possibility that the payment is uncalled for in light of some limitation in the coverage, or to deny such a request and risk a claim that the insurer's failure to make the requested payment has made it liable to an insured for additional damages, such as the amount of a judgment in excess of the policy limits. More... |
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| Household/Family Members Exclusions in Motorists Insurance |
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| 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. More... |
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