Insurance Law Newsletters

Attaching an Insurance Application

An applicant's completed application for insurance may be attached to a policy issued by an insurer to the applicant. If the application is attached, it is considered part of the policy. Some state statutes require attachment and a statement in the policy that the application is attached.

Hit and Run Accidents

A motorist involved in a vehicular accident is required to stop and assist injured persons. He should also provide his insurance information to the other driver. In hit and run accidents, the hit and run driver usually fails to stop because he is an uninsured motorist (UM) or his insurance is nullified by his tortious or criminal actions.

Insurer's Duty of Good Faith and Fair Dealing in Handling Claims of Insureds and Third Parties

If an insured does not think that his insurer handled his claim properly, he may have some recourse. Every contract contains an implied covenant of good faith and fair dealing that neither party will hinder the right of the other to receive the benefits of the contract. The duty imposed by this covenant applies to insurers and insureds. Some courts go so far as to hold the insurer to be a fiduciary to the insured.

Policy Construction Against Insurer

Insurance policies are contracts drafted by insurers, but the terms are not always clear and unambiguous. When a dispute arises between an insured and an insurer as to the meaning of a policy, courts sometimes become involved to provide a construction of the ambiguous term, as they do with other types of contracts. Disputes usually involve which risks are included in coverage, exclusions from coverage, conditions that must be fulfilled before coverage applies, and forfeitures of the policy.

The Use of Life Insurance in Planning an Estate

Life insurance can be a valuable tool in planning for the future of one's children and in balancing distribution of assets.