Also known as: automobile insurances · auto insurance · car insurance
Written by attorneys · grounded in primary & secondary sources — see below
An agreement to indemnify against one or more kinds of loss associated with the use of an automobile, including damage to a vehicle and liability for personal injury.
Anita Ali and her son were injured when an uninsured driver struck their car. Their insurer, Apex Auto, retained a law firm to pursue uninsured-motorist claims on behalf of both family members. After the firm obtained confidential information from Anita, the other driver sued the son. The firm faced disqualification because its prior representation of Anita created non-consentable conflicts once the son became a defendant.
Arthur Abrams obtained a $10 million punitive award against his auto insurer for bad-faith denial of a valid claim. The insurer argued the award violated due process. The court reduced the award because the ratio to compensatory damages was excessive and the insurer's conduct did not warrant such extreme punishment.
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Arcadia Retail challenged a federal safety standard requiring airbags in all new automobiles. The agency had rescinded the standard without adequate explanation. The court set aside the rescission because the agency failed to consider relevant safety data and alternatives before changing its policy.
Andre Antoine, an attorney, visited Anthony Arnold in the hospital after Anthony's auto accident and offered to represent him against the other driver's insurer. The state bar disciplined Andre for in-person solicitation of a vulnerable accident victim.
Alan Ackerman, an Illinois resident, was injured in Missouri by a driver insured under an Arkansas auto policy. Missouri courts applied Missouri law to the tort claim even though the policy was issued in Arkansas, because Missouri had the most significant contacts with the accident.
Apollo Energy, an auto parts supplier, controlled over 90 percent of the market for a key component used in vehicle manufacturing. The court found monopoly power because the company's dominant share and barriers to entry allowed it to exclude competitors and control prices.
No. A privately owned insurer remains a private actor even when the state grants it an exclusive franchise, mandates coverage, and reviews its procedures. Only direct state involvement in the specific decision creates state action for constitutional claims.
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Execution of the bargained-for written release itself constitutes consideration. The insurer's offer of new benefits in exchange for the signed document creates an enforceable exchange regardless of the releasor's subjective belief about the underlying claims.
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The lawyer may accept compensation if the insured gives informed consent, the arrangement does not interfere with independent judgment, and confidentiality is preserved. Verbal consent can suffice when the client understands the arrangement and no actual interference occurs.
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Vicarious liability turns on whether the conduct falls within the scope of employment. Similarity in quality to authorized work supports scope, but off-duty timing, personal purpose, and unrelated claim type usually outweigh that factor and defeat liability.
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…Rule 52(a) in substance merely carried over the earlier practice in equity to all trials before a judge. State Farm Mutual Automobile Insurance Co. v. Bonacci , 8 Cir., 111 F.2d 412, 415; Petterson Lighterage & Towing Corporation v. New York Central R. Co. , 2 Cir., 126 F.2d 992, 995; Katz Underwear Co. v. United States , 3 Cir.,…