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MVB COLLISION v. ALLSTATE INS. CO. Leagle.com

06.05.10

MVB COLLISION D/B/A MID ISLAND COLLISION, A/A/O ROBERT HICKEY, Plaintiff(s),
v.
ALLSTATE INSURANCE COMPANY, Defendant(s).

12783/08.

District Court of Nassau County, Second District.

Decided May 5, 2010.

Steven L. Goldstein, LLP, One Old Country Road Suite 318 Carle Place, NY 11514, Attorney for Plaintiff.

Marjorie E. Bornes, Esq., 330 West 34th Street New York, NY 10001, Attorney for Defendant.

MICHAEL A. CIAFFA, J.

The Court's prior decisions in this case addressed, at some length, the difficult and complex legal issues presented by defendant's champerty defense. In its decision dated June 10, 2009 (2009 NY Slip Op 29251), the Court ruled that it could not determine the validity of the champerty defense without a hearing. A subsequent decision, dated July 16, 2009 (2009 NY Slip Op 51580), set forth the "burden-shifting protocol" that would be applied at the hearing. The Court's third decision, dated October 29, 2009, reiterated

Source:

Auto Insurance

Four main types of auto insurance are available: liability, uninsured or underinsured motorist, collision and comprehensive, and personal injury. Most states require drivers to carry certain types of insurance.

Liability

Liability insurance is usually considered a necessity, and many states have a minimum legal requirement for liability coverage. This type of insurance protects against injury claims and property-damage suits brought by other drivers, pedestrians, or property owners if you are at fault in an accident. Your liability policy pays for injuries suffered by others and the costs of damage to other people’s property, as well as legal costs, if necessary, up to a dollar limit.

You can choose a policy with an overall limit for all liabilities, or you can select one with separate limits for (1) individuals injured in an accident, (2) all injuries in the same accident, and (3) property damage.

Uninsured or Underinsured Motorist Coverage

A policy with an uninsured motorist provision will pay damages if an uninsured motorist or a hit-and-run driver injures you and/or your passenger(s). You cannot buy more coverage against an uninsured driver than you carry yourself in liability. For example, if you carry $25,000 coverage per person and $50,000 per accident, you can buy only up to those amounts of coverage against an uninsured driver.

For a nominal additional amount, you can also carry protection against inadequate insurance coverage by another driver who injures you or damages your property in an automobile accident. This provision means that your policy will pay for injuries or damage that his or her policy does not.

Collision and Comprehensive Coverage

Collision insurance reimburses you for repair costs resulting from a collision that has been deemed to be your fault. Collision insurance is usually the most expensive part of your policy. Comprehensive coverage is for damage...

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