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Petsas & Stephens
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Auto Insurance Coverage for Taxicabs

The ubiquitous taxicab is a fixture in the more densely populated areas of the United States. The sheer numbers of such vehicles, and the intensive nature of the manner in which they operate, create types and volumes of risks that implicate numerous issues in the area of auto insurance and the insurance coverage afforded in incidents involving such vehicles.

Insurer's Duty to Fully Investigate an Insured's Claim

An insurance company has a duty to fully investigate an insured's claim for benefits before denying it. A thorough investigation and fair evaluation of an insured's claim requires an insurance company to examine the insured's proof of loss statement and supporting documents. Further, the insurance company cannot ignore evidence that is available to it which supports the claim. That is, the insurance company cannot focus only on the facts that would justify its denial of the claim.

Uninsured Motorists Insurance and Government Vehicles

After an automobile collision, many things can affect whether or not an injured person can recover his or her damages from the owner or driver of the vehicle that negligently caused his or her injuries. Among those factors is whether the vehicle was owned by a governmental entity, like a city or state. Often, governmental entities have immunity from suit by injured persons. In those cases, an injured person may seek to obtain insurance benefits under his or her insurance's uninsured motorist provision. Because the injured person is unable to sue the governmental entity, the vehicle may be considered uninsured for purposes of the insurance policy.

Proof of Loss Obligations

When an insured has suffered a loss and wants to prove coverage under an automobile insurance policy, the insured must show the issuance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and notice and proof of loss to the insurance company. The proof of loss must give the insurance company adequate data from which it can determine its liability under the policy. The proof of loss must be in writing and set forth the injuries or damage sustained. A valuation of the loss should also be provided.

Punitive Damage Exclusions in Motorists Insurance

Some automobile insurance policies have clauses that specifically exclude the payment of punitive or exemplary damages against an insured. Punitive or exemplary damages do not pay for bodily injuries or property damage. They are awarded over and above payment for those items. Punitive or exemplary damages are intended to punish the person who caused the injuries or damage or to make that person an example to deter others from such conduct.

San Mateo

Reserved for those who have obtained verdicts or settlements of a million dollars or more.