Newsletters

Cancellation of Auto Insurance for Misrepresentations in Application

While an insurer may sometimes cancel a policy for misrepresentations made during the application process, the insurer's right to do so may be limited by legal principles that take into consideration such things as the nature and extent of the misrepresentations made, the insurer's own diligence in determining the true facts of the situation, and the consequences for innocent third parties who have in effect placed their reliance on the insurer's action in issuing a policy whose issuance it has now come to regret.

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.

Named Driver Exclusions in Auto Insurance

Because motor vehicles are often operated by residents of a named insured's household other than the insured himself or herself, the driving records of such household members may create difficulties for the insured in obtaining auto insurance coverage for a car or truck. Named driver exclusions in motor vehicle insurance policies have been devised as a means of resolving this difficulty.

Coverage for Hit-and-Run Accidents

A typical hit-and-run accident is a collision between two vehicles, and one of them leaves the accident scene. However, there are other types of hit-and-run accidents. A hit-and-run accident may also involve chain reaction accidents, flying auto parts, auto debris on the road, and objects thrown or shot from other vehicles.

Conflict of Laws Issues in Motor Vehicle Insurance Disputes

Motor vehicles, by the nature of their mobility, freely move among the states. Accidents can occur in an insured's home state or another state. The laws of the states can differ on how they interpret the terms of an insurance policy. Which law should be applied is the subject of rules for conflict-of-laws or choice-of-laws decisions.


Fernando V. Hernandez Attorney at Law is located in San Jose, CA and serves clients in and around Sunnyvale, Morgan Hill, San Martin, Mount Hamilton, Los Gatos, Los Altos, Watsonville, Gilroy, Aptos, Soquel, Freedom, Scotts Valley, Milpitas, Capitola, Felton, Mount Hermon, Ben Lomond, Aromas, Brookdale, Santa Cruz, Monterey County, Santa Clara County, Santa Cruz County.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]

LexisNexis Martindale-Hubbel