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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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, […]
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Car Runs Into House in Lancaster County
Driver falls asleep at the wheel and crashes into home
Not all car crashes in Pennsylvania involve one motor vehicle colliding with another. Some wrecks are the result of rollovers and other single-vehicle accidents. Other times, automobiles crash into fixed objects – like a house.
A case in point happened February 16 in Lancaster County, when a passenger car smashed through the wall of a private home in East Earl Township. A resident inside was knocked from the couch where he had been sleeping. He suffered minor injuries.
The accident occurred in the early morning hours. The driver apparently fell asleep at the wheel, and police are investigating whether alcohol was a contributing factor.
There were 121,312 traffic crashes in Pennsylvania in 2010, according to reports filed with the state Department of Transportation. These wrecks claimed the lives of 1,324 people and injured another 87,949 people. […]
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Red Light Cameras Reduce Intersection Wrecks
Placing video cameras on stoplights cuts down on drivers running red lights by more than 80 percent, new research suggests. The result: fewer intersection crashes and auto accident deaths.
Those are the key findings from a just-released traffic safety study conducted by the Insurance Institute for Highway Safety (IIHS).
“This study provides fresh evidence that automated enforcement can get drivers to modify their behavior,” said Anne McCartt, senior vice president for research at IIHS and the study’s lead author, in a news release.
Approximately 540 towns and cities nationwide have red light cameras. A growing string of studies have shown that the devices curb automobile accidents and improve road safety.
The most recent study involved filming traffic flow at four heavily-traveled intersections in Arlington, Virginia. One camera was installed at each intersection.
Motorists were given a 30-day warning period before enforcement began. […]
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Family Wins $2.85 Million in Auto Wrongful Death Lawsuit
A Dauphin County jury has awarded $2.85 million to the family of a Hummelstown man killed in a 2006 wreck.
Fifty-seven-year-old William H. Smith was killed when a backhoe fell off a hauling trailer on I-83 and struck the vehicle he was driving. The backhoe had been negligently placed on the trailer.
In Pennsylvania, the family of someone killed in an automobile accident caused by the negligence of another person or company can file a wrongful death lawsuit against the responsible parties.
Here is a report in The Patriot-News about the Dauphin County verdict:
Smith, a father of two, died on Jan. 3, 2006 when a backhoe was jolted from a tractor trailer on Interstate 83 and its bucket slammed into his sport utility vehicle.
Smith’s wife, Linda, filed suit a year after her husband’s death. […]
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Text & Wreck Targets Young PA Drivers
Young drivers in Pennsylvania will soon be noticing a “Text and Wreck” button popping up on social media sites.
The logo is the winning entry in a national Distracted Driving Design Challenge sponsored by the U.S. Department of Transportation.
Its creator was 14-year-old high school student Hah’mari Watson, who said the artwork was inspired after she and her family were in a car crash caused by a texting driver.
View or download her winning “Text & Wreck” icon here.
The Distracted Driving Design Challenge was held to create awareness among young motorists about the dangers of texting and cell phone use behind the wheel. The “Text & Wreck” image will be used on Facebook, Twitter, and other social media sites.
“The Department of Transportation is committed to helping young drivers get the message that texting and driving don’t mix,” said U.S. […]
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