Automobile Insurance Premiums

Insurance contracts, at their core, are papers that prove a promise by an insurance company to pay benefits under an insurance policy and the payment of money by an insured for that protection. The money paid by the insured is called a premium. The premium is made up of money paid by the insured to the insurance company to cover the insured risk and the administrative costs. Without the payment of a premium, no contract of insurance exists between the insurance company and the insured.

Automobile "Rollover" Products Liability Cases

An automobile rollover accident is known as one of the most dangerous types of accidents that vehicle occupants can experience. When the rollover accident is not fatal, the resulting injuries are serious and disabling, with paralysis and traumatic brain injury commonly reported. Vehicle rollover litigation is very complex, even when the rollover involved a single car. A rollover accident is often the result of interactions among a driver's action or non-action, the vehicle's components, the roadway, and weather conditions. Many defective design actions have been litigated involving vehicle rollover accidents.

Disclosure Obligations and Motor Vehicle Insurance Policies

Automobile insurance policies may have a clause that requires an insured to disclosure information to his or her insurance company that would allow the insurance company to determine if there is a valid defense to a claim against the insured. This disclosure obligation, which could be part of an insurance policy's cooperation and assistance provision, requires the insured to make a truthful disclosure of all information reasonably requested by the insurance company.

Manufacturer Defenses in Automotive Products Liability Cases

The basic elements of proof that a plaintiff has to establish in a products liability action against the manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was put to its intended use and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages. Vehicle defects can include shortcomings in the design of a vehicle, mistakes in the manufacture of its component parts or in their assembly into a complete car or truck, and failure to warn the purchaser or operator of a risk inherent in the use and operation of the vehicle. Manufacturers have a number of defenses available to them in seeking to prevent a plaintiff from succeeding in an automotive products liability action.

Cancellation of Auto Insurance for Misrepresentations in Application

While an insurer may sometimes cancel a policy for misrepresentations made during the application process, the insurer's right to do so may be limited by legal principles that take into consideration such things as the nature and extent of the misrepresentations made, the insurer's own diligence in determining the true facts of the situation, and the consequences for innocent third parties who have in effect placed their reliance on the insurer's action in issuing a policy whose issuance it has now come to regret.