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Theft Coverage in Auto Insurance Policies

Motor vehicles are valuable items of personal property that can be readily moved from one place to another if they come into the possession of persons other than their rightful owners or operators. They are highly useful in an intact condition, and they can also be disassembled in order to obtain and sell their component parts. As a result, thefts of cars and trucks occur in large numbers in the United States. Theft coverage in auto insurance policies has been devised as a means of protecting the owners and operators of motor vehicles from the economic losses caused by auto theft.

Failure to Warn Issues in Automotive Products Liability Cases

The essential elements of proof that a plaintiff has to establish in a products liability action against a manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Claims of vehicle defect can include allegations of inadequacies in the design of a motor vehicle, errors in the manner in which its parts were manufactured and assembled into a complete car or truck, or failure to warn the purchaser or user of the vehicle of some risk inherent in its use.

Punitive Damages in Automotive Products Liability Actions

A plaintiff in an automotive products liability action is generally required to prove that a motor vehicle as sold contained a defect in its design, in the way in which it was manufactured or assembled, or in the failure to warn of a risk inherent in its operation that created an unreasonable risk of death, personal injury, or property damage when the vehicle was used for its intended purpose and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages. Because proof of the existence of such conditions does not involve passing judgment on the conduct of the manufacturer, but merely on the status of the vehicle as sold, the plaintiff in such a case can ordinarily recover only his or her actual damages, which can include economic losses and damages for non-economic losses based on the jury's determination of the dollar value of the pain and suffering resulting from the accident. Sometimes, though, the manufacturer's conduct in dealing with the alleged vehicle defect becomes an issue in the case, and the plaintiff may then attempt to recover punitive damages in addition to the actual damages suffered.

Setoff Provisions in No-fault Insurance Policies

When an insured files a lawsuit against an insurance company, the insurance company can file a counter claim against the insured to reduce the amount of the insured's claim by an amount that the insurance company claims that the insured owes to it. The amount owed can be unpaid premiums or funds received by the insured from other sources that would exceed the amount of the insured's loss. This is called a setoff, an offset provision, or a benefit-set off provision. In the case of no-fault insurance, setoffs exist for a number of benefits that an insured could obtain due to an automobile accident.

Impact of Riders/Endorsements on Auto Insurance Policies

A rider is a paper attached to a document that amends the document. In an automobile insurance policy, a rider can modify the conditions of the insurance policy. It can increase or decrease the policy's benefits. It can add exclusions from coverage, like a crime exclusion clause. The use of the rider means that the entire policy does not have to be rewritten if a change needs to be made. Riders are also known as endorsements, slips, or rubber stamps.