Insurance Law

Arizona Legal Advice Columns

The following articles are reprints of Mr. O'Steen's legal advice columns which appeared in The Arizona Republic and other newspapers across the State. We hope that they are helpful in answering some of your legal questions.

If you require more specific or personalized assistance, we encourage you to consult with an attorney.

A Glossary of Car Insurance Language

 

A simplified, plain-language description of the most common categories of auto insurance coverage and how they may benefit you.

Most Drivers Are Underinsured for Personal Injuries

 

Million-dollar insurance settlements and jury verdicts for injuries and death are more rare than million-dollar lottery jackpots.

If Costly Car Insurance is Driving You Mad, Try These Cut-Rate Tips

 

Automobile insurance rates vary widely depending on the insurance company you or your agent select, the types and amounts of coverage you buy, the kind of car you own and driving record you have.

Going Underinsured Is a Game of Chance You Shouldn't Play

 

You might think million dollar insurance settlements and jury verdicts are common. They are not.

Homeowner's and Renter's Policies Provide Broad Protection

 

I recently spoke with a man who told me about a recurring nightmare, his mailman is badly injured when he slips on a toy left lying in the driveway.

Homeowner's Policy, Business Pursuits Generally Don't Mix

 

All insurance policies contain exclusions and limitations. Insurance companies justifiably are unwilling to provide coverage under basic policies for extraordinary risks. The premiums we pay for these policies are not based on protection for unusual activities.

Umbrella Insurance Is Worth Considering to Fill Out Coverage, Including Personal Injury Liability

 

One of the best insurance values available continues to be an umbrella policy. Umbrella coverage is a special type of liability insurance.  Liability insurance protects the policyholder from claims and lawsuits made against him or her by others.  Car accidents, falls, dog bites, malpractice and many other careless acts are covered by some form of liability coverage.

Car Pool Drivers Need Adequate Insurance to Cover Accident Injury Risk

 

Ride sharing makes very good sense. It is economically and environmentally sound when done regularly. Co-workers, for example, who ride to and from work together save money for themselves and make a contribution to cleaner air for us all.

Many Insurance Policies Cover Rental Car

 

It is an obvious understatement to say that most automobile insurance policies are difficult to understand. Most policyholders are not fully aware of the extent of their coverage or the limitations on it.

Law Doesn't Solve Medical Malpractice Insurance "Crisis"

  During a so-called “medical malpractice insurance crisis” in the mid-1980’s, an Illinois judge declared unconstitutional many portions of a new state law designed to place limitations on medical malpractice claims.

"Reimbursement Policy" Fails to Meet Requirements of the Law

  I have a friend who is a professional photographer. I will call him Bill.  Bill owns a full-size, four-wheel-drive utility vehicle that he uses to transport his equipment and reach the remote locations sometimes required by his job.

Auto Insurance Claim is No Shame

  Some people refuse to report valid claims to their automobile insurance company for fear their policy will be canceled.  This fear generally is unwarranted.  The practice of canceling auto policies on the basis of claims made is no longer permitted in Arizona.

Car's Fair Market Value Key to Car Crash Claim

 

If your car is damaged in an accident, your claim generally is determined by the cost of repairing it to its pre-accident condition. Depending on the circumstances of the accident, you may present this claim to your own insurance company or to a company that insures another vehicle involved in the accident with you.

Law Insures Homeowner's and Renter's Insurance Coverage

  A little-known Arizona law limits the ability of insurance companies to cancel or refuse to renew a homeowner's or renter's insurance policy. The law is intended to protect policyholders from arbitrary cancellations.

Collision Waiver May Duplicate Coverage on Rental Car

  Collision waivers are high-profit items for car-rental companies. A  collision waiver is a provision in the rental contract waiving the company's right to collect from you or your insurance company if the rental car is damaged while you are renting it.

No-fault States' Insurance-premium Savings Not Evident

 

Arizona’s system of legal responsibility for those involved in automobile accidents is called the tort system. The word "tort" comes from Latin and means a wrong or injury for which money damages may be awarded by a court. An automobile tort system preserves the right of injured accident victims to sue those who caused the accident.

Personal Injury Accident Compensation is Debated

  “Tort reform” continues to be a hot issue in the Arizona Legislature. One of the most interesting battles involves an attempt to eliminate the longstanding "collateral source rule."

Shared Fault Law Can Be Unfair

 

A young woman named Ann operates a small business in Arizona. She owns several delivery vehicles, which are used in the business.

Recently Ann told me about an incident that followed an accident involving one of her delivery cars. After the accident, the driver of the other car readily admitted being at fault and gave Ann his insurance information. Ann contacted the man's insurance company, and a representative inspected the damage to her car.

"Loaner" Car Provision Softens Impact of Car Accidents

  Automobiles seem to be essential to our way of life. For that reason, obtaining a rental car often is a major concern to those involved in automobile accidents.

Drive Home a Point With Insurance Adjuster

 

Adjusting insurance claims can be a schizophrenic business; it is a bit like serving two masters.

On one hand, adjusters are charged with conserving their insurance company’s money. On the other, they must contribute to the goal of good customer (and prospective customer) relations. The latter generally requires a more liberal approach to claims settlement. Some insurance companies, through their adjusters, walk this tightrope better than others.

"Full Coverage" Auto Insurance Does Not Exist

  Has your insurance agent ever told you that you have "full coverage" under your automobile insurances policy? If so, you should know the term is misleading—there is no such thing as "full coverage."

Fender Benders Merit Reporting

  Drivers involved in minor automobile accidents sometimes prefer to pay for the damage themselves rather than report the accident to their insurance carrier. They fear a claim may result in an increase in insurance premiums, or worse, cancellation of their policy.

Car Insurance Claim Rights Vary

  Insurance companies, like all other businesses, want to minimize their expenses. Claim payments are large expense items for all insurance companies, especially personal injury claims. Naturally, they want to carefully control claims.

Taking Precautions Can Deter Auto Theft, Cut Insurance Costs

  Within the past few months, four cars owned by friends of mine have been stolen.  All were recovered substantially damaged.  Two were totaled.  One was riddled with bullet holes.

Pamphlet Points Out How We Run Head-on Into Auto Insurance Rates

 

A friend recently gave me a pamphlet titled “Why Does Auto Insurance Cost So Much?”  He received it in the mail from his insurance company. The pamphlet contains a great deal of useful information that I want to share with you.

Auto Insurance Protection Shouldn't Target Only Strangers

  Christopher Hoy was 4 when he was injured seriously in an automobile accident.   His back, leg and nose were broken when the car driven by his mother collided with a car driven by another person.

Inadequate Automobile Insurance Potential Problem for Injury Accidents

  Arizona’s mandatory automobile insurance law requires all motorists to carry a liability insurance policy.

Umbrella Insurance Policies Enhance Coverage for Personal Injuries and Property Damage

  The instinct for self-protection is strong.  For the first 50,000 years or so on Earth, humans were concerned entirely with physical self-preservation.  More recently, however, we have become increasingly concerned about our financial protection.

Protection from Uninsured Drivers for Personal Injury and Other Damage

  Many people incorrectly believe that if they are injured in an automobile accident where another person is at fault, they will automatically receive a sum of money as compensation for their injuries.

Bad Faith Law Protects Policyholders

  Insurance company advertising usually promises that claims will be handled quickly and fairly.  After all, a part of what you we buy is prompt attention.

Legal Insurance Raises Questions

 

Recently, I have noticed a sharp increase in the popularity of legal insurance.  These policies cover the cost of some legal services. Those who sell legal insurance coverage hope to achieve some of the success enjoyed by companies that provide medical insurance.

Homeowner's and Renter's Insurance Policies Should Be Reviewed Periodically

 

I recently spoke with a man who told me about a recurring nightmare, his mailman is badly injured when he slips on a toy left lying in the driveway. The injured mailman hires a lawyer who files suit and eventually wins a large judgment, financially wiping out the man.

Good Idea for Renters to Own Personal Injury Liability and Property Insurance

  Increasingly greater numbers of people are living in rented dwellings—apartments, condominiums and homes.  Although renters are not required by law to have renter's insurance, it is a very good idea to do so.

Best Insurance Policy Is Fully Understood

  Have you ever taken a close look at your homeowner's or renter's insurance policy? If so, the odds are you did so following a loss or injury, before or after a claim was denied.

Cost of Automobile Insurance Should Play Major Role in Car Buying Decision

  Most people are very price-conscious when deciding whether to buy an automobile. Cost probably is the leading determinant in narrowing the field of choice for most of us. If this were not true, we would see many more Cadillacs, Porsches and Ferraris on the road.

Alertness to Insurance Fraud is Sound Policy

 

The Maricopa County grand jury indicted 25 people on various felony counts arising from an alleged scheme to stage automobile accidents and fraudulently claim insurance money.

Although it is impossible to measure accurately the cost to consumers of fraudulent insurance claims, it is clear that these costs are reflected in higher insurance rates for everyone.

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Arizona Insurance Law

A Glossary of Car Insurance Language

Most Drivers Are Underinsured for Personal Injuries

If Costly Car Insurance is Driving You Mad, Try These Cut-Rate Tips

Going Underinsured Is a Game of Chance You Shouldn't Play

Homeowner's and Renter's Policies Provide Broad Protection

Homeowner's Policy, Business Pursuits Generally Don't Mix

Umbrella Insurance Is Worth Considering to Fill Out Coverage, Including Personal Injury Liability

Car Pool Drivers Need Adequate Insurance to Cover Accident Injury Risk

Many Insurance Policies Cover Rental Car

Law Doesn't Solve Medical Malpractice Insurance "Crisis"

"Reimbursement Policy" Fails to Meet Requirements of the Law

Auto Insurance Claim is No Shame

Car's Fair Market Value Key to Car Crash Claim

Law Insures Homeowner's and Renter's Insurance Coverage

Collision Waiver May Duplicate Coverage on Rental Car

No-fault States' Insurance-premium Savings Not Evident

Personal Injury Accident Compensation is Debated

Shared Fault Law Can Be Unfair

"Loaner" Car Provision Softens Impact of Car Accidents

Drive Home a Point With Insurance Adjuster

"Full Coverage" Auto Insurance Does Not Exist

Fender Benders Merit Reporting

Car Insurance Claim Rights Vary

Taking Precautions Can Deter Auto Theft, Cut Insurance Costs

Pamphlet Points Out How We Run Head-on Into Auto Insurance Rates

Auto Insurance Protection Shouldn't Target Only Strangers

Inadequate Automobile Insurance Potential Problem for Injury Accidents

Umbrella Insurance Policies Enhance Coverage for Personal Injuries and Property Damage

Protection from Uninsured Drivers for Personal Injury and Other Damage

Bad Faith Law Protects Policyholders

Legal Insurance Raises Questions

Homeowner's and Renter's Insurance Policies Should Be Reviewed Periodically

Good Idea for Renters to Own Personal Injury Liability and Property Insurance

Best Insurance Policy Is Fully Understood

Cost of Automobile Insurance Should Play Major Role in Car Buying Decision

Alertness to Insurance Fraud is Sound Policy