Changing Lives Through Powerful Legal Guidance
What is UM/UIM Coverage: Uninsured motorists’ coverage applies in a situation where a collision occurred and the responsible party has no insurance coverage or the responsible party could not be identified, as the responsible party has fled the accident scene. Underinsured motorists’ coverage involves a situation where the responsible party has insurance coverage, but the insurance coverage of the responsible…
One way to resolve a car accident case without the delays of the court system is to use an alternative dispute resolution (ADR) process. Arbitration is one such mechanism. After entry of the arbitration award for a court administered arbitration, any party may demand a trial de novo after notice of the arbitration award. Trial de novo means the arbitration…
Depending on the circumstances of your accident and insurance coverage, your health care coverage provider may require you to reimburse them for the payments it has made on your medical bills out of the money you recover for your injuries. This is a process called “subrogation.” In a decision that had a huge and immediate impact on the way auto…
For ERISA-qualified plans, ERISA preempted application of the anti-subrogation provision of the MVFRL. Other state laws are also pre-empted by ERISA. The anti-subrogation provision of the MVFRL precludes governmental healthcare plans (non-ERISA qualified plans) from exercising subrogation rights against a health care recipient’s tort recovery. HMOs are exempt from the anti-subrogation provision of the MVFRL. Health insurance plan that requires…
On March 1, 2006 the amendments to the Insurance Act (“IA”), the Highway Traffic Act (“HTA”) and the Compulsory Automobile Insurance Act (“CAIA”), which reformed the rules for vicarious liability with respect to leased and rented automobiles, came into force. Language included in these statutes annulled state “vicarious liability” laws that previously had held vehicle rental and leasing companies liable…
The courts are urged not to confuse sudden emergency with unforeseen medical emergency. Shiner v. Ralston, 64 A.3d 1 (Pa. Super. 2013) resulted in the reversal of summary judgment for a defendant. The court granted summary judgment based upon the fact that defendant died at the wheel. The court said that the medical records were not so clear that summary…