Whether or not a third-party liability insurer has a duty to reveal its liability policy limits to a third-party claimant even before a lawsuit is filed is a highly controversial and widely misunderstood issue in the field of insurance law. This 50-state chart concerns itself only with the duty to reveal liability policy limits in…
There are two kinds of counties in Texas when it comes to auto/livestock cases. Those counties who have adopted “stock laws” and those who have not. The default rule in Texas is that the State is open range, meaning that absent an exception, land in Texas is considered open range. This chart summarizes Texas stock…
This chart represents an overview of how each state handles general contractor overhead and profit payments in first-party ACV property damage claims, providing some guidance to claims professionals simply looking to pay what they owe, and no more. It provides the available state law and precedent regarding the inclusion, quantification, and potential depreciation of general…
Hospital liens are also often referred to as “health care provider liens” or “medical liens.” Hospitals or other health care providers are generally allowed to perfect this special lien against any lawsuit, claim, or recovery a patient has against a third-party tortfeasor responsible for causing an injury. Each state has different procedures and requirements for…
This chart reveals the current state of the law in all 50 states regarding whether a state allows a workers’ compensation subrogation waiver endorsement and the effect such a waiver has if it is enforceable.
This chart is a summary of regulations or laws in all 50 states regarding the matching issue in the payment of first-party insurance claims. The chart focuses on homeowners’ property claims and only tangentially discusses commercial property policies/claims, although if law regarding a commercial policy is all that is available, it is included.
Recovery of loss of use is a key element of auto property subrogation. States differ as to whether and when a vehicle owner is allowed to recover the value of loss of use of a vehicle as an element of damage from a responsible tortfeasor during the period of time the vehicle is being repaired…
This 50-state chart is an amalgamation of pedestrian and crosswalk laws that regulate the relationship between and the duties of motor vehicles and pedestrians crossing the street, including Distracted Walking Laws and White Cane Laws. It should be remembered that individual cities and villages may also have ordinances which affect the duties and liabilities of…
A growing number of U.S. states are passing traffic laws that regulate driving in the left-hand lane. This chart summarizes the law regarding traveling in the left-hand lane on a highway or interstate – better known as Keep Right Traffic Laws.
This chart provides a general summary of how exculpatory agreements and liability waivers are treated in all 50 states. Exculpatory agreements are often accompanied by such contractual risk management tools as indemnification agreements, covenants not to sue, a severability clause, a venue and jurisdiction clause, a mediation/arbitration provision, and an assumption of risk statement. Interpreting…