Capstone Insights
NHTSA found that distracted driving and drowsy driving fatalities declined, while deaths related to other reckless behaviors – including speeding, alcohol impairment, and not wearing seat belts – continued to increase. The number of fatalities in distraction affected crashes decreased by 2.2 percent from 3,526 in 2015 to 3,450 in 2016. Fatalities in distraction affected crashes were 9.2 percent of total fatalities in 2016. Continue reading →
The ink on the “total loss” insurance paperwork, like the 2007 Range Rover itself, was still wet when Morgan Moran began trying to buy his vehicle back after Hurricane Matthew last year.
The insurance adjuster had declared the vehicle ruined in a matter of seconds after noticing water in the spare-tire wheel well. After all, he had a busy schedule and contemporary cars are about as waterproof as a laptop computer. Continue reading →
Subrogation professionals must become familiar with an increasingly used defense in the litigation of auto insurance subrogation cases. Even if the insured is totally free from fault in the operation of the insured’s auto, not wearing a seat belt could result in a reduction of the damages the insured and/or subrogated auto carrier will be allowed to recover. In some states, through the interplay of the Made Whole Doctrine or other state statutes, this defense could have an affect on a carrier’s rights of subrogation or reimbursement. Continue reading →
Farmers Insurance is asking a court to block a California review of its auto insurance rates from 2008 on.
Farmers’ rates are being challenged by consumers in a separate case. In a lawsuit against the California Department of Insurance, the company argued in a lawsuit that the department’s plan to review its rates is “unlawful under applicable law and current facts.” Continue reading →
With so many eyes on claims files, it’s no wonder documentation is a touchy subject for adjusters. Claims files are reviewed by auditors, supervisors, bad faith attorneys and others passing judgment often months or years after the fact, according to Kevin Quinley, founder and principal of Quinley Risk Associates. Continue reading →
Subrogation is the legal doctrine which allows one party, usually an insurance company, that pays a loss by its insured which was caused by a third party, to take over the rights of its insured against the third party and recover its claim payments. It wouldn’t make much sense if, after paying a first-party insurance claim that its insured was partly responsible for, an insurance company could sue its insured to get their money back. It would defeat the purpose of insurance. Preventing precisely that sort of inequitable scenario is the purpose of the anti-subrogation rule (ASR). Sometimes known as the “suing your own insured” defense, the ASR was originally developed based on the logical premise that because the carrier stands in the shoes of it’s insured, it would essentially be suing itself. Therefore, no right of subrogation can arise in favor of an insurance company against its own insured. Wager v. Providence Ins. Co., 150 U.S. 99 (1893); The John Russell, 68 F.2d 901 (2nd Cir. 1934); Sherwood Trucking, Inc. v. Carolina Cas. Ins. Co., 552 F.2d 568 (4th Cir. 1977); Peavey Co. v. M/V ANPA, 971 F.2d 1168 (5th Cir. 1992) (insured or additional assured); Prestige Cas. Co. v. Michigan Mut. Ins. Co., 99 F.3d 1340 (6th Cir. 1996). Continue reading →
U.S. teenagers are more reckless after their first few years of driving, often becoming overconfident in their abilities and putting themselves at higher risk for accidents, a new study shows.
More than half of high school seniors have car accidents or near misses, compared with 34 percent of sophomores, according to the study conducted by Liberty Mutual Insurance Co. and the group Students Against Destructive Decisions. Continue reading →
In July 2017, premium renewal rate change for the majority of standard commercial lines products remain in positive territory. Workers’ compensation was the one product that trended negatively, dipping below -1.00 percent for the first time this year.
IVANS, a division of Applied Systems, released its IVANS Index for July showing the following premium renewal rate change by line of business for last month.. Continue reading →
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