Applicant’s Duty to Read Application for Auto Insurance The contractual agreement entered into when a policy of auto insurance is created is based on the application for insurance made by a prospective insured to an insurer. In situations where there are disparities between the policy as issued and the insured’s understanding of the coverage he or she was applying…
Auto Insurance Coverage for Newly Acquired Vehicles When a vehicle owner has an automobile insurance policy and acquires a new vehicle, the new vehicle will be automatically covered to the same extent and policy amounts as the insured’s other insured vehicles, if the insurance policy has a provision for newly acquired vehicles. A newly acquired vehicle can be a…
Transporting Hazardous Materials on Roadways Without trucks products could not get to the neighborhood store. But traveling the roadways with the artichokes and widgets are shipments of hazardous cargo, like flammable liquids, biomedical waste, and radioactive materials. When a truck containing molasses overturns on a highway, the resulting cleanup can be sticky. When a truck containing dynamite overturns on…
Auto Insurance Coverage for Tow Trucks The frequency of occurrence of vehicular accidents and various kinds of mechanical breakdowns that cause the disablement of cars and trucks on the streets and roads of the United States necessarily results in an extensive use of tow trucks to assist in the resolution of such situations and the removal of affected vehicles…
Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law can be viewed as a series of implied contracts. Implied Contracts With Everyone Else In Society In a sense, torts are certain general standards of civil…
A patient who has an adverse reaction to a prescription drug may file a personal injury action against the pharmacy that sold the drug, claiming that the pharmacy negligently failed to warn the patient of the risks associated with taking the drug. The outcome of such a case will depend on whether the pharmacy had a duty to warn…
Classifying Tort Law Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses how tort law is classified. Tort Law Classified by the Tortfeasor’s Mental State In a sense, torts are certain general standards of civil conduct. As a…
When a plaintiff files a lawsuit regarding a recreational boating accident, the defendant may claim defenses that are similar to those available in any other accident case. Such defenses include that the accident was inevitable, that the plaintiff was contributorily negligent or assumed the risk, that there was a superseding cause, or that the plaintiff’s action is barred by…
The federal Teacher Protection Act (TPA) preempts state laws to the extent that such laws are inconsistent with the provisions of the TPA. However, the TPA does not preempt state laws that provide additional protection from liability to school employees. The following types of state laws are not inconsistent with the TPA: (1) a state law that requires a…
