Business Use Exclusion in Motorist Insurance

Some motorist insurance policies exclude coverage for injuries and damages if they occur while a vehicle is being used for a business purpose. For example, if a driver is using his or her personal van to make deliveries for the driver's home-based business and causes a collision with another vehicle, the driver's insurance company would refuse to pay for the damage caused to the other vehicle and for any injuries to those riding in it. In effect, the exclusion causes a vehicle to drive in and out of insurance coverage depending on its driver's particular mission.

Design Defects in Automotive Products Liability Cases

The basic elements of proof that a plaintiff in a products liability action against the manufacturer or seller of a car or truck has to establish are that the vehicle as sold contained a defect 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 for which the plaintiff is seeking to recover damages. Allegations of product defect in automotive products liability cases include inadequacies in vehicle design, errors in the manufacture of vehicle parts and their assembly into a completed car or truck, and failure to warn users of a vehicle about dangers inherent in its use.

Tort Liability for Highway Design

The system of streets and highways in the United States covers many thousands of miles of road surface constructed of various kinds of materials and designed for a variety of vehicle types and operations. The extensive use of the streets and highways inevitably results in a large number of motor vehicle accidents that annually cause thousands of deaths and personal injuries and extensive amounts of property damage. In the legal actions that follow, it is not surprising that the design and construction of the roadways on which such accidents take place should be brought into a case as possible bases for a finding of liability.

Liability of Non-Manufacturing Seller in Automotive Products Liability Cases

A plaintiff in an automotive products liability case against the manufacturer or seller of a motor vehicle generally has to prove that the vehicle at the time of sale contained a defect 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 damage or loss for which the plaintiff seeks to recover damages. Under traditional legal principles, any party involved in the chain of transactions leading up to the retail sale of the vehicle, including the dealer who sold the car or truck, could be held liable in such a case. Motor vehicle dealers, like any party against whom a legal action is brought, would like to limit their potential liability to matters for which they can be shown to have a direct and undeniable responsibility.

Attorneys Retained by Auto Insurers: Duty to the Insured

When a lawsuit is filed against an automobile insurance company's insured for damages allegedly suffered by a claimant in an automobile accident with the insured, the insurance company has a duty to defend the insured. A part of the insurance company's duty can be the right to retain an attorney for the insured's defense and to pay that attorney's fee. Because the insurance company selects and pays the defense counsel, questions arise regarding who is the attorney's client and whether the attorney owes a duty to only the insured or to both the insured and the insurance company.