Here’s some basic information for insurance lawyers. “Collision” is defined in the standard policy as “the upset, or collision with another object, of your covered auto.” As an example, in the 1984, Amarillo Court of Appeals opinion, Nutchey v. Three R’s Trucking Company, Inc., a three-inch depression in a road,…
The terms of coverage for damage to the auto are fairly straightforward: “named-peril” coverage is provided on “covered autos.” Specifically, the Texas Personal Auto Policy provides that the carrier will pay for “direct and accidental loss to your covered auto.” The coverage is divided into “collision” coverage and “coverage other…
As it relates to uninsured motorist (UM) coverage, there are three important exclusions. Auto policies do not provide UM coverage for any person for bodily injury sustained while occupying or when struck by any motor vehicle owned by the insured or any family member who is not insured for UM…
Insurance lawyers in the Dallas and Fort Worth area need an understanding as to what Personal Injury Protection (PIP) benefits cover and do not cover. PIP consists of reasonable expenses incurred for necessary medical and funeral services as well as replacement of 80% of income lost during the period of…
Personal Injury Protection (PIP) coverage is different than other types of injury coverage. PIP coverage exists if the insured or their family member is struck by a “motor vehicle” designed for use mainly on public roads or a trailer of any type according to the 1984, Houston Court of Appeals…
To be covered under most auto insurance Personal Injury Protection (PIP) provisions, a person needs to be “occupying” a vehicle. “Covered person” as used in PIP coverage means the named insured or any family member while occupying or when struck by a motor vehicle designed for use maily on public…
Insurance lawyers can tell prospective clients that most pages in an insurance policy are pages explaining exclusions and limitations to what a policy will pay. This is no different when it comes to auto insurance. The standard auto policy does not provide med pay coverage for any person for bodily…
Medical Payments Coverage in an automobile policy is also known as Med-Pay coverage. Med-Pay is an optional coverage. Under this coverage, the insurance company agrees to pay “reasonable expenses incurred for necessary medical and funeral services because of bodily injury caused by accident and sustained by a covered person.” This…
Dallas and Fort Worth area insurance lawyers need to read this November, 2017, opinion from the San Antonio Court of Appeals. It is styled, Farmers Texas County Mutual Insurance Company v. Zuniga. Zuniga was walking to school and struck by a car driven by Christopher Medina. Zuniga sued Medina for…
Lawyers handling car wreck cases would be especially interested in this 2017 opinion from the Texas Supreme Court. It is styled, Farmers Texas County Mutual Insurance Company v. Jennifer L. Zuniga et al. This is an appeal from the granting of a summary judgment in favor of Zuniga wherein Farmers…