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.
More information about Insurance
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. […]
More information about Insurance
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. […]
Read MoreMore information about Insurance
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. […]
Read MoreMore information about Insurance
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. […]
Read MoreMore information about Insurance
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), […]
More information about Insurance
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” […]
Read MoreMore information about Insurance
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, […]
Read MoreMore information about Insurance
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. […]
More information about Insurance
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. […]
Read MoreMore information about Insurance
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. […]
Read MoreMore information about Insurance
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. […]
Read MoreMore information about Insurance
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. […]
Read MoreMore information about Insurance
Pennsylvania personal injury lawyer warns spring is a dangerous time for dog bites
Spring is finally here, and after a long, cold winter in Northeast Pa, that means going outside to enjoy the warmer weather. The warm-up will also bring more dog owners outside to walk their pets, which may be why the incidence of dog bites always seem to increase in the spring.
According to the American Humane Society (AHS), an estimated 4.7 million dog bites occur in the U.S. each year. Nearly 800,000 of those bites require medical attention. The AHS also reported that at least 25 different breeds of dogs have been involved in 238 dog-bite-related fatalities in the U.S.
The American Pet Products Association found that pet ownership is at an all-time high. There are currently 83.3 million dogs in the U.S., which are kept by 56.7 million households. The number of dog bites, as well as their severity, has risen dramatically since the 1980’s. […]
Read MoreMore information about Insurance
Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times
As seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”
Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]
Read MoreMore information about Insurance
Most People Will Be Surprised to Hear How Much Money Pennsylvania Personal Injury Lawyers Can Get For a Bus Crash Settlement
Bus Accident Cases are complicated in Pennsylvania – there are many damages you could potentially sue for. Personal injury lawyer explains:
- What damages could you sue for?
- What percentage of bus accident cases do Pennsylvania Personal Injury Lawyers settle?
- What kinds of fees do Personal Injury Lawyers in Pennsylvania charge and when are these fees imposed?

WATCH VIDEO: THE PENNSYLVANIA PERSONAL INJURY LAWYERS AT MUNLEY LAW:
What kinds of damages can Pennsylvania personal injury lawyers recover after your bus crash?
After you or a loved one gets into an accident with a bus or while riding on one, you may be wondering what kinds of damages you could get reimbursed for if your Pennsylvania Personal Injury Lawyers are able to settle your lawsuit for you.
In a Pennslyvania Bus Accident case, […]
Read MoreMore information about Insurance
What Pennsylvania Personal Injury Lawyers Will Tell You About Insurance Policies That Big Insurance Companies Don’t Want You to Know About
Pennsylvania Law gives you two options for car accident insurance coverage: your insurance company won’t like one of them. A Personal injury lawyer from Munley Law Personal Injury Attorneys explains:
- What’s the difference between a full tort and limited tort policy?
- How much do personal injury lawyers in Pennsylvania charge you to handle your car accident case?
- Do Personal Injury Lawyers in Pennsylvania charge up-front fees?
WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT CAR ACCIDENTS:
Pennsylvania personal injury lawyers will advise you to choose “full tort” on your policy
When trying to get money after you get hurt in a car accident, Pennsylvania law provides two options:
Full Tort
or
Limited Tort
If you choose “Limited Tort” […]
Read MoreMore information about Insurance
Snow and Frigid Temperatures Cause Dangerous Road Conditions in Pennsylvania
Snowy road conditions have already caused hundreds of accidents in Pennsylvania this winter, shutting down highways and resulting in deaths and many injuries. During a sudden heavy storm over the recent holidays, a chain reaction crash involving 35 vehicles closed down a section of the Pennsylvania Turnpike. Several tractor-trailers were mixed in the wreckage, which caused a 4-mile traffic jam. Ten people were taken to area hospitals.
According to a Pennsylvania personal injury lawyer, those same wintry conditions existed when more than 40 vehicles piled up in multiple crashes on I-78, closing the interstate for a time, and resulting in more than 60 injuries. State Police also reported that sudden snow squalls causing numerous accidents resulted in the Northeast Extension of the turnpike being closed on Christmas Eve from Clarks Summit to Allentown. Numerous accidents have also been reported on smaller roadways throughout Pennsylvania.
Advice from Pennsylvania personal injury attorney Julia Munley on what to do if you are in an accident. […]
Read MoreMore information about Insurance
A Pennsylvania Injury Lawyer tells you what you should do right after a car accident
Pennsylvania Injury Lawyer: After you get into an accident, there are things that you can choose to DO and NOT DO right afterward that may affect your injury claim against the other driver’s insurance company.
A Pennsylvania Injury Lawyer will advise doing the following right after the accident takes place:
- Stay inside your vehicle unless it’s too dangerous to do so
- Turn on your hazard lights
- Call 911 even if the accident didn’t seem too bad
- Seek medical help for anyone involved in the accident if needed
- Don’t move any vehicles or alter the scene unless you have to
- Don’t leave the scene
- Write down the names, addresses and phone numbers of everybody involved in the accident, including witnesses
- Write down the names/badge numbers of police officers who come to investigate
- Take pictures of injures and damage
- DON’T admit fault
- Call your insurance company right away and let them know what happened
- DON’T talk about the accident with anyone except the police and your own insurance company. […]
More information about Insurance
How Much Will You Have to Pay an Injury Lawyer to Help Win Your Car Accident Case?
How much may you have to pay a Pennsylvania Injury Lawyer to help you?
Here’s something that may make you feel better if you’re fretting about getting a Pennsylvania Injury Lawyer involved in your case: Pennsylvania Injury Lawyers work on a contingency fee basis; this means that they don’t make any money unless they win your case. So you don’t have to worry at all about paying them out of pocket.
Another reason you shouldn’t worry about talking to a Pennsylvania Injury Lawyer:
You can call a Pennsylvania Injury Lawyer at Munley Law Personal Injury Attorneys anytime, or come into our office and talk to us – all for free. We know you have questions, and we can answer as many as you’d like. We don’t bill by the hour, we’re not out to take money from you; as injury lawyers in Pennsylvania, our job is to deal with the insurance companies – […]
Read MoreMore information about Insurance
Allstate’s $950,000 Blunder
Allstate required to pay out nearly a million dollars after delaying insurance coverage of fatal car crash
Attorney Daniel W. Munley, a partner in the law firm of Munley Law Personal Injury Attorneys, negotiated a $950,000.00 settlement on behalf of the family of a teenager killed in an automobile crash in 2001.
The defendant, who received his driver’s license just weeks before, was driving his mother’s Camaro at an excessive speed when he crossed double yellow lines to pass another vehicle and lost control of his automobile. The plaintiff’s son was thrown from the vehicle and suffered a fatal wound.
The defendant’s insurance company, Allstate, failed to pay its obvious driver’s liability and delayed the case for a number of years. Attorney Munley offered Allstate numerous opportunities to act in good faith, essentially requiring them to pay out the policy limit of $25,000.00. After a time extension and several attempts to contact Allstate, […]
Read More







