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Widiss' Uninsured and Underinsured Motorist Insurance, Third Ed.

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Print Book :3 vols., hardcover, includes annual supplements
ISBN: 9781593453497
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3rd Edition
ISBN: 9780327168133
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Frequently cited and quoted by both state and federal courts, this newly-revised three-volume set provides a detailed examination of both the nature and scope of coverage and claims procedures for both types of insurance in every state. Combining lucid theoretical analysis with helpful practical insight, the text is amply annotated with references to the statutory and case law of every state.

Volume One is devoted to the analysis of questions relating to uninsured motorist insurance coverage, including covered persons, covered vehicles, covered injuries, "hit and run" accidents, multiple coverages, and coverage limitations.

Volume Two provides a comprehensive discussion of the uninsured motorist insurance claims process, including protection and preservation of claims, settlement of tort and insurance claims, mediation and arbitration of coverage disputes, and litigation of tort and insurance claims.

Volume Three offers a detailed examination of both coverage and claims issues relating to underinsured motorist insurance, including vehicle coverage limitations, limitations of liability, protection and preservation of claims, and arbitration and settlement of tort and insurance claims.

Topics covered include:

•  Coverage in states in which there is no statutory mandate
•  The collateral effect of an arbitration decision
•  Damages for delay in settling a claim
•  Bad-faith claims against an insurer
•  Coverage of punitive damages
•  Claimant's right to "stack" coverage
•  Judicial limitations on consent-to-settle provisions
•  Limitations of insurer's subrogation rights

The eBook versions of this title feature links to Lexis Advance for further legal research options.

Authors / Contributors

Table of Contents

 Volume One





Part I Uninsured Motorist Insurance



The Coverage



Chapter 1: The Origins and Development of Uninsured Motorist Insurance


Chapter 2: Uninsured Motorist Insurance Legislation: The Scope of Coverage Mandated by State Statutes


Chapter 3: The Preparation, Use and Interpretation of Standard Coverage

Terms for Uninsured Motorist Insurance


Chapter 4: "Clause (A)" Insureds: Coverage for Persons Identified

as Named Insureds and their Relatives or Family Members


Chapter 5: "Clause (B)" Insureds: Coverage for the Occupants

of an "Insured Highway Vehicle"


Chapter 6: "Clause (C)" Insureds: Coverage for Persons Who Sustain

Damages Because of Injuries to "Clause (A)" or "Clause (B)" Insureds


Chapter 7: Determining When an Insured is "Legally Entitled"

to Recover


Chapter 8: Uninsured Highway Vehicles: Insurance Policy Definitions and

Judicial Determination


Chapter 9: Coverage for "Hit-and-Run" Accidents: Insurance Policy

Definitions, Insurance Company Interpretations, and Judicial Decisions


Chapter 10: Coverage for Injuries that are Caused by Accidents: Distinguishing

Between Negligent and Intentional Torts


Chapter 11: Ownership, Maintenance, or Use of an Uninsured Vehicle


Chapter 12: Damages and Provisions That Limit the Amount of Coverage Provided

by Uninsured Motorist Insurance


Chapter 13: Multiple Coverages: Other Insurance Clauses and Limitation

of Liability Provisions


Chapter 14: Limit of Liability Provisions Providing for Reductions of Coverage


Chapter 15: The Scope of Coverage Provided by Uninsured Motorist Insurance

Terms: Comments







Volume Two







Part II Uninsured Motorist Insurance



The Claims Process



Chapter 16: The Protection and Preservation of Uninsured Motorist Claims




Chapter 17: Settlement of Tort Claims with the Uninsured Motorist


Chapter 18: Settlement of Tort Claims with Joint Tortfeasors


Chapter 19: Settlement of Uninsured Motorist Insurance Claims


Chapter 20: Claims for Punitive Damages, Penalties and Consequential Damages

Arising Out of Bad Faith Conduct by an Insurer


Chapter 21: Mediation of Coverage Disputes


Chapter 22: Arbitration Provisions


Chapter 23: Enforceability of the Arbitration Provision


Chapter 24: Scope of the Arbitration Agreement


Chapter 25: The Arbitration Process


Chapter 26: Judicial Enforcement and Judicial Review of Arbitration Awards


Chapter 27: The Arbitration of Uninsured Motorist Claims: Advantages and

Disadvantages


Chapter 28: The Litigation of Tort Claims


Chapter 29: The Litigation of Insurance Claims


Chapter 30: [Reserved]



Appendix



A. Standard Forms for Uninsured Motorist Insurance


B. Uninsured Motorist Statutes


C. Uninsured Motorist Coverage Bibliographies


D. Accident Claims Arbitration Rules (Including Mediation)


E. Arbitration of Uninsured Motorist Claims


F. Arbitration Forms


G. Mediation Forms



Table Of Cases/Index



Table of Cases for Uninsured Motorist Insurance


Index to Uninsured Motorist Insurance







Volume Three







Part III Underinsured Motorist Insurance



Chapter 31: The Origins and Development of Underinsured Motorist Coverage




Chapter 32: Underinsured Motorist Insurance Statutes: The Scope of Coverage

Mandated by State Legislation


Chapter 33: The Insureds: Coverage Questions


Chapter 34: Coverage Questions Related to When an Insured is "Legally

Entitled to Recover"


Chapter 35: Underinsured Motorists: Coverage Questions


Chapter 36: Hit and Run Accidents: Coverage Questions


Chapter 37: Coverage for Injuries That are Caused by an Accident: Distinguishing

Between Negligent and Intentional Torts


Chapter 38: Ownership, Maintenance and Use of an Underinsured Motor Vehicle:

Coverage Questions


Chapter 39: Damages: The Nature and Scope of Coverage Provided by Underinsured

Motorist Insurance


Chapter 40: Multiple Coverages: Other Insurance Clauses


Chapter 41: Limit of Liability Provisions


Chapter 42: The Claims Process: The Protection and Preservation of Underinsured

Motorist Insurance Claims


Chapter 43: The Settlement of Tort Claims Involving an Underinsured Motorist




Chapter 44: The Settlement of Underinsured Motorist Insurance Claims


Chapter 45: The Arbitration of Underinsured Motorist Insurance Claims



Appendix



H. Standard Forms for Underinsured Motorist Insurance




Table of Cases for Underinsured Motorist Insurance


Index to Underinsured Motorist Insurance