Failure to Warn Issues in Automotive Products Liability Cases

The essential elements of proof that a plaintiff has to establish in a products liability action against a 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 used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Claims of vehicle defect can include allegations of inadequacies in the design of a motor vehicle, errors in the manner in which its parts were manufactured and assembled into a complete car or truck, or failure to warn the purchaser or user of the vehicle of some risk inherent in its use.

Insurer's Right to Subrogation

When one person pays to another person an amount due to the second person by a third person, the first person has a right to recover from the third person the amount paid to the second person. This right of payment is called a subrogation. Subrogation is a doctrine of equity. It is the substitution of the first person in the place of the second person, who had a claim upon the third person. When an insurance company pays its insured for a loss under an insurance policy that was caused by a third party, the insurance company acquires the right of subrogation against the third party.

Coverage for Hit-and-Run Accidents

A typical hit-and-run accident is a collision between two vehicles, and one of them leaves the accident scene. However, there are other types of hit-and-run accidents. A hit-and-run accident may also involve chain reaction accidents, flying auto parts, auto debris on the road, and objects thrown or shot from other vehicles.

Motor Vehicle Insurer's Right to Reimbursement of Indemnity Payments

The obligations of insurers to make payments under policies of motor vehicle insurance are based on the sometimes uncertain answers to questions about the extent of coverage and the liability of an insured to a party making a claim under the policy. An insurer may therefore face a difficult decision as to whether to make a payment in response to a third party's demand for such payment under a policy, risking the possibility that the payment is uncalled for in light of some limitation in the coverage, or to deny such a request and risk a claim that the insurer's failure to make the requested payment has made it liable to an insured for additional damages, such as the amount of a judgment in excess of the policy limits.

Auto Insurance Notice Requirements

Because the business of motor vehicle insurance is a complicated one that may necessitate the transmittal of a great deal of information between the parties to an auto insurance policy, issues related to the duties of an insurer and an insured to give notice to one another of matters affecting the status of a policy or the occurrence of events having significance to policy coverage frequently arise. These issues can include such things as modifications to the policy itself, the status of the insured with respect to his or her premium payment obligations, the occurrence of an event triggering coverage under the policy, or cancellation of the policy by the insurer.