Uninsured and Underinsured Motorist Insurance
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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
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Table of contents
Part I Uninsured Motorist Insurance
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
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]
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
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
H. Standard Forms for Underinsured Motorist Insurance
Table of Cases for Underinsured Motorist Insurance
Index to Underinsured Motorist Insurance