What is Insurance?
Insurance is, “a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. The party agreeing to make the compensation is usually called the “insurer” or “underwriter;” the other, the “insured” or “assured;” the agreed consideration, the “premium;” the written contract, a “policy;” the events insured against, “risks” or “perils;” and the subject, right, or interest to be protected, the “insurable interest.” (Black’s Law Dictionary 946. 4th Ed. Rev. 1968)
An insurance policy is a contract in which an individual or entity (the policyholder) pays an insurance company (the insurer) in regular payments in exchange for financial protection over specific risks or losses. For example, medical insurance helps to cover medical costs, such as hospital visits, hospital stays, and medications. Similarly, auto insurance helps to cover damages incurred from car accidents. Insurance payments are known as premiums. Insurance contracts typically limit the amount of costs that an insurance provider may be required to pay.
The McCarran-Ferguson Act (15 U.S.C. § 1011) grants many aspects of insurance regulation to individual state governments. However, federal laws like federal taxes do apply to insurance, and must be acknowledged. Insurance is important to the legal system, as it helps protect individuals, those who cause harm to individuals through negligence, and any third party that is faced with the burden of compensating for an injury.
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Don’t rely on autopilot: Car safety tech still flawed, inconsistent
IIHS report on driver-assistance technology shows its flaws
New report from IIHS shows driver assist technology is still flawed and is no substitute for a fully attentive human driver. If you’re not paying attention, driver assist systems can even land you in a crash.
The Insurance Institute for Highway Safety, known for its extensive crash testing and safety ratings, investigated just how reliable driver assistance technology is. Their findings varied by brand. But, the overall conclusion was that autonomous vehicle technology has a long way to go before human drivers can feel comfortable giving up the steering wheel.
The 2017 BMW 5-series, 2017 Mercedes-Benz E-Class, 2018 Tesla Model 3 and 2016 Model S, and 2018 Volvo S90 were evaluated.
What is driver assistance technology?
Driver assistance technology refers to the features in a car designed to help prevent collisions. […]
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Your Chances of Hitting a Deer in Pennsylvania
Pennsylvania Drivers’ Chances of Hitting a Deer Increase This Year
For the second year in a row, PA is the #3 state in the U.S. for deer collisions. Pennsylvania drivers’ chances of hitting a deer? 1 in 63. That’s up 6% from last year.
The annual report from State Farm looks at auto insurance claims data and Federal Highway Administration data to calculate drivers’ risk of a car accident involving a deer, elk, or moose in the road. It will come as no surprise to Pennsylvania drivers that PA has topped the list for years.
Additional risk factors
October marks the beginning of deer mating season, which continues through December. During this time, the risk of hitting a deer doubles.
The hours around dawn and dusk are the most dangerous times of day for deer collisions. […]
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Families leading the fight for safer trucks
Who doesn’t want safer trucks? Weighing 80,000 lbs and driven by truckers too often pushed to their physical and mental limits, a tractor trailer barreling down the highway at 70+ mph can cause unimaginable damage in an accident. Still, potentially life-saving measures leading the fight for safer trucks are the people who know too well the devastation these vehicles can cause — the parents of children killed in tractor trailer collisions. Their mission has become to improve safety regulations that can save lives and prevent other families from experiencing the unnecessary loss that they have. However, even when the benefits are obvious and the costs minimal, truck safety regulations stall.
Underride Guards
Two mothers have devoted their lives to advocating for better underride guards after their children were killed in underride crashes. Marianne Karth and Lois Durso both lost their daughters in crashes involving tractor trailers. […]
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Munley Law Personal Injury Attorneysyers named 2017 Pennsylvania Super Lawyers
Munley Law Personal Injury Attorneys: Six Super Lawyers and a Rising Star
We’re pleased to announce that once again the personal injury lawyers at Munley Law Personal Injury Attorneys have been included in the annual list of Pennsylvania Super Lawyers.
Only 5% of the attorneys in Pennsylvania earn this title. For more than a decade, the Munley lawyers have earned a spot on the Super Lawyers list. This year, we’re thrilled to announce that our own Katie Nealon has been named a Rising Star. Super Lawyers Rising Stars must be under the age of 40 and in practice for less than 10 years. This list is highly selective; only 2.5% of the young lawyers in Pennsylvania make the cut.
- Robert W. Munley, Sr., Personal Injury – General: Plaintiff, Personal Injury; Products: Plaintiff
- Marion K. Munley, Personal Injury – General: Plaintiff, […]
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Side Underride Guards May Be the Difference Between Life and Death
First-Ever Side Underride Crash Tests
A new crash test from the Insurance Institute for Highway Safety shows exactly how side underride guards on tractor trailers can mean the difference between life and death.
A side underride crash occurs when a passenger vehicle collides with the side of a trailer or heavy truck. The results are grisly. The impact can shear the top of the smaller vehicle and kill the occupants.
The IIHS has long been measuring rear-underride guard effectiveness, but this is the first test of side guards. Researchers ran two midsize cars into the sides of two semi-trailers at 35 mph. One trailer was equipped with a fiberglass side panel, and the other with the “AngelWing” underride protector from Airflow Deflector, Inc.
Tractor Trailer Side Underride Guard Test Results:
Fiberglass panel – As the above photo shows, the car went right through the panel and became lodged under the trailer. […]
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Pennsylvania Among the U.S. States with the Most Dog Bites
Dog Bite Prevention Week
April 9-15 is Dog Bite Prevention Week. The American Humane Association, the U.S. Postal Service, and other groups observe this week each year in an effort to help reduce the number of dog bites nationwide.
This year, multiple reports have come out indicating that dog bites increased in 2016. According to the USPS, More than 6,700 postal workers suffered a dog bite last year. That’s 200 more than in 2015. Some researchers connect this increase with the growing popularity of online shopping and home delivery services.
The Insurance Information Institute and State Farm also report that dog bites increased by as much as 18% overall last year. Note that this number may other types of include dog-related incidents – not just bites.
Which states experience the most dog bites? Pennsylvania ranks #4 in the country, […]
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The IIHS Announces 2017 Top Safety Picks
Thinking of buying a new car? The Insurance Institute for Highway Safety announced last week their 2017 Top Safety Picks.
Out of 200 models evaluated by the IIHS, 82 vehicles made the cut.
There are two awards categories: Top Safety Pick, and Top Safety Pick Plus. To qualify for either of these lists, vehicles must earn good ratings in a series of crashworthiness tests and advanced or superior ratings for crash prevention. In all, 44 earned Top Safety Pick status, and 38 Top Safety Pick Plus.
2017 Top Safety Pick Criteria
For the 3rd year in a row, automatic braking factored significantly into vehicle safety ratings. Automakers have voluntarily pledged to make automatic braking standard in all new vehicles by 2022. The feature has already become more common in new models. And that’s a good thing — automatic braking systems have been found to reduce rear-end crashes by 50%. […]
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Feds Urge Smartphone Makers to Help Fight Distracted Driving

The National Highway Traffic Safety Administration (NHTSA) faces an uphill battle against distracted driving. Deadly car accidents are on the rise, and electronic distractions – apps, social media, and texting behind the wheel – are to blame.
Car accident fatalities are at their highest since 2009, and 2016 has seen a nearly 10% jump over last year. Insurance companies and safety experts point to driver distraction as the most likely culprit. And it’s easy to see why. In a world where we are almost never disconnected from our phones, many smartphone apps are practically designed for use while driving. To see what an epidemic distracted driving has become, simply look to your left or right when stuck at a traffic light, observes Nick Kurczewski at Cars.com. You will more than likely see one of your fellow drivers looking down at their phone. […]
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Pennsylvania #3 in the U.S. for Deer Collisions
It’s the first day of fall. The new season brings lots to look forward to. But, for Pennsylvania drivers, it also means you’re more likely to encounter a deer on the road.
Pennsylvania is now #3 in the U.S. for deer collisions – up from #4 last year. State Farm estimates that one in 67 Pennsylvania drivers will file an insurance claim for a car accident involving a deer in 2016.
Why does the risk increase in the fall? October through December is deer mating season, which also coincides with hunting season when deer are likely to be on the move. At the same time, days are getting shorter and darkness falls earlier, reducing driver visibility.
Tips to avoid hitting a deer
- Slow down, particularly at dusk and dawn. Especially on rural roads or in wooded areas, it’s important to remember that a large animal could be around the next corner or dart out unexpectedly. […]
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How effective are night driving restrictions for teens?
Most nighttime accidents among teens occur before midnight, a new study shows. This means that night driving restrictions on teens that prohibit driving after midnight may be ineffective.
Driving in the dark increases crash risk for all drivers. Young and inexperienced drivers face an even greater risk; one-third of fatal teen car crashes happen at night. That’s why every state in the U.S. (except VT) has laws restricting how late newly licensed teen drivers can be on the road unsupervised. In 23 states and the District of Columbia, the ban goes into effect at midnight or later. New research by the Center for Disease Control and Prevention suggests that this is too late.
Ruth Shuts, a researcher at the CDC, suggests 9 p.m. or 10 p.m. might be a more appropriate curfew for unsupervised newly licensed drivers. […]
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Doctors on Probation for Gross Misconduct Still Practicing
Would you want to know if your doctor was on disciplinary probation?
When it comes to a physician’s disciplinary history, patients are kept very much in the dark. Physicians all over the country who have been disciplined for sexual misconduct, drug abuse, and devastating medical mistakes are still practicing, some while on probation, and they are not required to disclose their probationary status to their current patients.
Meanwhile, medical errors 3rd leading cause of death in the U.S.
Recently, Senator Jerry Hill of California authored a bill that would require doctors to inform patients of their probationary status. The legislation didn’t pass.
Is your doctor on probation?
Under current laws, doctors are required to disclose their disciplinary history to the hospital or practice where they work, and to their medical malpractice insurer, but are under no obligation to share this information with patients. […]
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The hashtag #whiledriving shows a disturbing trend
One of the more idiotic and dangerous trends to develop recently is the hashtag #whiledriving.
Erie Insurance, a Pennsylvania insurance company, published a study of social media data showing a surge in the use of the hashtag, reflecting a growing number of drivers who pull out their phones, take a picture, and post it to Twitter and Instagram – all while driving. Most of the posts were photos of nature, clouds, a sunset, traffic, and selfies.
The top U.S. states with the most posts using #whiledriving were:
- California
- Florida
- Texas
- South Carolina
- New York
- Illinois
- Massachusetts
- Oregon
- Colorado
- Nevada
No selfie or picture of the sunset is worth putting your life or someone else’s life in danger. […]
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2016 Top Safety Picks Announced with Toughest Criteria Ever
More car models awarded top safety pick despite most rigorous requirements yet
The Insurance Institute for Highway Safety has released their 2016 Top Safety Picks. The results spell good news for prospective car buyers: for the second year in a row, more vehicles earned Top Safety Pick Plus ratings, even as the institute raised their standards and requirements.
More than 20 winners of the last year’s Top Safety Pick award don’t qualify under the 2016 criteria. But, even with the tougher standards, more vehicles earned the top rankings – 48 models were named Top Safety Pick Plus, up from 33 models last year.
Honda, Toyota, VW/Audi, and Subaru Dominate the Top Rankings
See the complete list of 2016 winners here. Toyota, Honda, Volkswagen/Audi, and Subaru are the automakers with the most Top Safety Picks in this year’s list.
Raising the Bar
The new criteria for earning a Top Safety Pick or Top Safety Pick Plus rating include small overlap crash test performance (designed to see how vehicles handle a front-end diagonal impact), […]
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Attention Labor Day travelers: 3 reasons fatal car accidents are up
Distracted driving proves to be largest cause of fatal car accident increases
As Labor Day approaches, holiday travelers are warned that fatal car accidents are on the rise this year, according to the National Safety Council. Traffic fatalities are up by 14% and injuries are up by 33%.
About 19,000 people have been killed so far this year, and that’s not including July and August, historically two of the deadliest months of the year for drivers. At this rate, deadly car accidents threaten to reach over 40,000, the highest since 2007. Why is this happening?
It seems surprising. Cars today are equipped with ever-evolving safety technology designed to make them more crash-worthy. The Insurance Institute for Highway Safety continues to improve their safety rating system, developing more tests that cars must pass and higher standards they must meet in order to earn a “good” […]
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Dan Munley Speaks Up for Victims of I 380 Tractor Trailer-Bus Crash as Investigation Continues
Yesterday, Interstate 380 was shut down by a deadly crash between a tractor trailer and a charter bus in Monroe County. According to the state police, the tractor trailer crossed the median and hit the bus head on. Three people, including the bus driver, were killed, and 13 more were taken to area hospitals to be treated for injuries. Nine were taken to Pocono Medical Center, and the rest were treated at Geisinger trauma centers.
According to WNEP, The Academy Viaggidea charter tour bus was carrying a group of Italian tourists on their way to visit Niagara Falls. The driver of the tractor trailer has been identified as Franklin Wyatt from Oklahoma. His truck is registered to XTRA Lease Trucking of St. Louis.
Attorney Dan Munley, former chairman of the American Association for Justice’s Trucking Litigation Group and current member of its public relations committee, […]
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Marion Munley Named Top 50 Women; Munley Law Personal Injury Attorneys listed in 2015 Pennsylvania Super Lawyers

Munley Law Personal Injury Attorneys is pleased to announce that seven of its attorneys have been named to the 2015 list of Pennsylvania Super Lawyers, an honor awarded to the top five percent of lawyers in Pennsylvania. In addition, Marion Munley has been named among the Top 50 Women Lawyers in Pennsylvania by PA Super Lawyers.
As of this year, all of our attorneys have been named Pennsylvania Super Lawyers.
- Robert W. Munley, Sr., Personal Injury – General: Plaintiff, Personal Injury – Products: Plaintiff
- Marion K. Munley, Personal Injury – General: Plaintiff, Personal Injury – Medical Malpractice: Plaintiff
- Daniel W. Munley, Personal Injury – General: Plaintiff, Personal Injury – Products: Plaintiff
- Christopher Munley, Personal Injury – General: Plaintiff
- Julia K. Munley, Personal Injury – General: Plaintiff, Social Security Disability, Workers’ Compensation
- John M. […]
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Dog bite prevention: What everyone should know
A dog bite can turn a trip to the park into a trip to the emergency room. It can leave both physical and psychological scars.
As the weather warms up, people spend more time outdoors, especially with their pets. That means that dogs and people, particularly young children, come into contact with each other more frequently. What many people don’t think about is the possibility of a dog bite situation.
In fact, over 4 million dog bites occur each year. And while it might not sound like a serious concern, dog bites or dog attacks can be traumatizing and can result in extremely serious injuries or disfigurement. Children are more likely to be bitten by a dog than any other age group.
Fortunately, there are some ways that dog owners, parents, and everyone else can help prevent a dog bite from happening. […]
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What you MUST know before buying car insurance
One of the most important factors in determining whether you are able to take legal action after a car accident is the tort option on your auto insurance policy. Unfortunately, many people don’t know what tort option they have.
Listen as Attorney Marion Munley explains the difference between full and limited tort, and why it makes a big difference.
Full Tort vs. Limited Tort
When buying car insurance in Pennsylvania, you have the option to choose full tort or limited tort. Full tort allows you to pursue legal action in the event of an accident, regardless of the severity of your injuries. Limited tort, on the other hand, limits your right to compensation in an auto accident. And, this limitation does not just apply to you – it may also apply to the other members of your household. […]
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Contemplating a new car? IIHS names 71 safest
Amid a series of safety issues and recalls this year, there is good news for drivers: more vehicles meet stricter safety standards in 2015.
It’s been a rough year for the auto-safety world, with recalls from GM followed by recalls from airbag manufacturer Takata affecting vehicles from seven major automakers. Last week, Takata’s president, Stephan Stocker, stepped down from his position. He will remain with the company as a board member; Chairman Shigehisa Takada will take his place. Both Takada and Stocker, as well as other Takata executives, will reportedly take 50% pay cuts in the coming months.
While Takata has refused to expand the recall on its airbags nationwide, automakers including Honda, Chrysler, Ford, Mazda, and BMW have issued a nationwide recall on their vehicles containing Takata airbags.
But, the Insurance Institute for Highway Safety offers drivers hope as they announced last week that their list of vehicles earning the two top safety ratings (Top Safety Pick and Top Safety Pick+) is nearly twice as long as last year’s – and that’s with tougher criteria. […]
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Summer boaters are encouraged to be safe and responsible
Recreational boating activity soars in the summer months, and so do boating accidents. In 2013, the U.S. Coast Guard counted 4,062 accidents that resulted in 560 deaths, 2,620 injuries, and approximately $39 million dollars of damage to property as a result of recreational boating accidents.
In a 2013 Recreational Boating Statistics report released by the Coast Guard, it was found that where the cause of death was known in boating accidents, 77% was a result of drowning. Of those drowning victims, 84% were not wearing a life jacket. The report also found that eight out of every ten boaters who drowned were using vessels less than 21 feet in length. 46% were open motorboats, 18% personal watercraft, and 17% cabin motorboats. Canoes, kayaks and pontoon boats also accounted for many accidents.
Alcohol use was the leading known contributing factor in recreational boating accidents where the primary cause was known. […]
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