"Cause Theory" Applied to Determine Number of Occurrences and Limits

0
10K

When Plaintiff was Involved in One Accident When Plaintiff Never Gained Control

Read the full article at https://www.linkedin.com/pulse/cause-theory-applied-determine-one-accident-from-two-barry-1c and at https://zalma.com/blog plus more than 3650 posts. 

he two parties to an uninsured/underinsured litigation asked the Eleventh Circuit to define and apply the term “accident” as used in an automobile insurance policy to an auto accident where the plaintiff was struck by two different autos. In William Benjamin Danner, Jr., Mary Danner v. Travelers Property Casualty Insurance Company, No. 20-12553, United States Court Of Appeals For The Eleventh Circuit (March 18, 2021) the trial court found one accident and the plaintiffs appealed.

ZALMA OPINION

What this case teaches is that one should never try to save money by limiting the available underinsured motorist coverage. No one should carry less UM/UIM coverage than the liability coverage they find available for a third party the insured may injure. It is not the number of collisions that determine the number of accidents but the fact that there was an uninterrupted series of collisions with Danner’s vehicle disabled, out of control, when it was struck a second time all part of the same proximate event.

Patrocinados

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Buscar
Categorías
Read More
Other
No Financial Loss - No Coverage
No Financial Loss – No Coverage Cybersecurity Policy Requires Direct Financial Loss...
By Barry Zalma 2024-06-10 13:35:37 0 2K
Other
Insurance Criminal Appeals After Pleading Guilty
Ohio Court Allowed Insurance Criminal to Change Felony to Misdemeanor Only to Face an Appeal Read...
By Barry Zalma 2021-11-10 13:31:30 0 4K
Other
Diminution of Value Excluded
Diminution of Value Excluded See the full video at https://lnkd.in/guZ6kXMx and See the full...
By Barry Zalma 2024-01-19 13:36:21 0 3K
Other
Liars Never Prosper
Liars Never Prosper Failure to Tell the Truth on an Insurance Application Voids Entire...
By Barry Zalma 2024-06-03 13:45:59 0 1K