Texas Personal Automobile Insurance Policy 2017

  • ID: 4367920
  • Book
  • Region: United States
  • 364 Pages
  • ALM Media, LLC
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Whether you practice personal injury litigation or insurance-defense, you'll find our Texas Personal Automobile Insurance Policy, Annotated an indispensable and vital resource for your business.

Our updated, briefcase-size edition includes the following:

  •  Updates on cases involving psychological damages and the "use" or "maintenance" of a vehicle. 
  •  Detailed case summaries dealing with uninsured and underinsured motorists.
  •  The latest on coverage for damage to your automobile.
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Title Copyright Preface About the Author Acknowledgements CHAPTER 1: ANNOTATED TEXAS PERSONAL AUTO POLICY 1-1:1 TEXAS PERSONAL AUTO POLICY1, 2 AGREEMENT 1-1:2 DEFINITIONS 1-2 LIABILITY COVERAGE INSURING AGREEMENT 1-2:1 SUPPLEMENTARY PAYMENTS 1-2:2 EXCLUSIONS 1-2:3 LIMIT OF LIABILITY 1-2:4 OUT OF STATE COVERAGE 1-2:5 FINANCIAL RESPONSIBILITY REQUIRED 1-2:6 OTHER INSURANCE 1-3 MEDICAL PAYMENTS COVERAGE1, 2 1-3:1 INSURING AGREEMENT3 1-3:2 EXCLUSIONS 1-3:3 LIMIT OF LIABILITY 1-3:4 OTHER INSURANCE 1-3:5 ASSIGNIVIENT OF BENEFITS 1-4 PERSONAL INJURY PROTECTION COVERAGE1, 2, 3, 4, 5, 6, 7 1-4:1 INSURING AGREEMENT 1-4:2 EXCLUSIONS 1-4:3 LIMIT OF LIABILITY 1-4:4 OTHER INSURANCE 1-4:5 OTHER PROVISIONS 1-4:6 ASSIGNMENT OF BENEFITS 1-5 UNINSURED/UNDERINSURED MOTORISTS 1-5:1 COVERAGE1, 2, 3, 4, 5, 6, 7, 8, 9, 10 1-5:2 INSURING AGREEMENT11 1-5:3 EXCLUSIONS 1-5:4 LIMIT OF LIABILITY 1-5:5 OTHER INSURANCE 1-6 COVERAGE FOR DAMAGE TO YOUR AUTO 1-6:1 INSURING AGREEMENT 1-6:2 TRANSPORTATION EXPENSES 1-6:3 EXCLUSIONS 1-6:4 LIMIT OF LIABILITY 1-6:5 PAYMENT OF LOSS26 1-6:6 NO BENEFIT TO BAILEE 1-6:7 OTHER INSURANCE 1-6:8 APPRAISAL 1-6:9 SPECIFIED CAUSES OF LOSS 1-6:10 OPTIONAL AND LIMITED SPECIFIED CAUSES OF LOSS (Fire, Theft, Wind) 1-7 DUTIES AFTER AN ACCIDENT OR LOSS 1-7:1 GENERAL DUTIES 1-7:2 ADDITIONAL DUTIES FOR UNINSURED/UNDERINSURED MOTORISTS COVERAGE 1-7:3 ADDITIONAL DUTIES FOR COVERAGE FOR DAMAGE TO YOUR AUTO 1-8 GENERAL PROVISIONS 1-8:1 BANKRUPTCY 1-8:2 CHANGES 1-8:3 LEGAL ACTION AGAINST US 1-8:4 OUR RIGHT TO RECOVER PAYMENT 1-8:5 POLICY PERIOD AND TERRITORY 1-8:6 TERMINATION 1-8:7 TRANSFER OF YOUR INTEREST IN THIS POLICY 1-8:8 TWO OR MORE AUTO POLICES 1-9 ADDITIONAL COVERAGES AND PROVISIONS 1-9:1 TOWING AND LABOR COSTS COVERAGE 1-9:2 RENTAL REIMBURSEMENT COVERAGE 1-9:3 LOSS PAYABLE CLAUSE — MODIFIED CHAPTER 2: ENDORSEMENTS 2-1 MEXICO COVERAGE — LIMITED WARNING READ THIS PROVISION CAREFULLY! 2-1:1 ADDITIONAL EXCLUSIONS 2-1:2 SPECIAL CONDITIONS 2-2 565. AUTO DEATH INDEMNITY AND TOTAL DISABILITY COVERAGES 2-2:1 SCHEDULE 2-2:2 DEFINITIONS 2-2:3 EXCLUSIONS 2-2:4 CONDITIONS 2-3 573. SUPPLEMENTARY DEATH BENEFIT 2-3:1 INSURING AGREEMENT AND LIMIT OF LIABILITY 2-3:2 PROOF OF CLAIM 2-3:3 OTHER COVERAGE PROVIDED BY THIS POLICY 2-3:4 DEFINITIONS 2-4 560C. RECREATIONAL TRAILERS, MOBILE HOMES OR MOTORHOMES 2-4:1 SCHEDULE 2-5 593C. TEXAS PERSONAL AUTO POLICY — AMENDATORY ENDORSEMENT 2-5:1 DEFINITIONS is amended to add the following: 2-5:2 DUTIES AFTER AN ACCIDENT OR LOSS – GENERAL DUTIES is amended as follows: 2-5.3 LIABILITY – EXCLUSION is amended as follows: 2-6 573A. SUPPLEMENTARY DEATH BENEFIT 2-6:1 INSURING AGREEMENT AND LIMIT OF LIABILITY 2-6:2 PROOF OF CLAIM 2-6:3 OTHER COVERAGE PROVIDED BY THIS POLICY 2-6:4 DEFINITIONS CHAPTER 3: POLICY and EXTRACONTRACTUAL ISSUES 3-1 INTRODUCTION 3-1:1 DUTIES AFTER AN ACCIDENT OR LOSS GENERAL DUTIES 3-1:2 UNINSURED/UNDERINSURED MOTORIST ISSUES 3-1:3 PERSONAL INJURY PROTECTION COVERAGE ISSUES 3-1:4 THE DECEPTIVE TRADE PRACTICES ACT (DTPA) & THE INSURANCE CODE 3-1:5 DUTY OF GOOD FAITH AND FAIR DEALING/INSURANCE CODE 3-1:6 THE PROMPT PAYMENT OF CLAIMS ACT 3-1:7 STANDING 3-1:8 INSURER INSOLVENCY 3-1:9 PUNITIVE DAMAGES 3-1:10 LIENS CHAPTER 4: TEXAS STANDARD INSURANCE POLICY 4-1 TEXAS PERSONAL AUTO POLICY 4.1:1 AGREEMENT 4.1:2 DEFINITIONS 4-2 LIABILITY COVERAGE INSURING AGREEMENT 4.2:1 SUPPLEMENTARY PAYMENTS 4.2:2 EXCLUSIONS 4-2:3 LIMIT OF LIABILITY 4-2:4 OUT OF STATE COVERAGE 4-2:5 FINANCIAL RESPONSIBILITY REQUIRED 4-2:6 OTHER INSURANCE 4-3 MEDICAL PAYMENTS COVERAGE 4-3:1 INSURING AGREEMENT 4-3:2 EXCLUSIONS 4-3:3 LIMIT OF LIABILITY 4-3:4 OTHER INSURANCE 4-3:5 ASSIGNMENT OF BENEFITS 4-4 PERSONAL INJURY PROTECTION COVERAGE 4-4:1 INSURING AGREEMENT 4-4:2 EXCLUSIONS 4-4:3 LIMIT OF LIABILITY 4-4:4 OTHER INSURANCE 4-4:5 OTHER PROVISIONS 4-4:6 ASSIGNMENT OF BENEFITS 4-5 UNINSURED/UNDERINSURED MOTORISTS COVERAGE 4-5:1 INSURING AGREEMENT 4-5:2 EXCLUSIONS 4-5:3 LIMIT OF LIABILITY 4-5:4 OTHER INSURANCE 4-6 COVERAGE FOR DAMAGE TO YOUR AUTO 4-6:1 INSURING AGREEMENT 4-6:2 TRANSPORTATION EXPENSES 4-6:3 EXCLUSIONS 4-6:4 LIMIT OF LIABILITY 4-6:5 PAYMENT OF LOSS 4-6:6 NO BENEFIT TO BAILEE 4-6:7 OTHER INSURANCE 4-6:8 APPRAISAL 4-6:9 SPECIFIED CAUSES OF LOSS 4-6:10 OPTIONAL AND LIMITED SPECIFIED CAUSES OF LOSS 4-7 DUTIES AFTER AN ACCIDENT OR LOSS 4-7:1 GENERAL DUTIES 4-7:2 ADDITIONAL DUTIES FOR UNINSURED/UNDERINSURED MOTORISTS COVERAGE 4-7:3 ADDITIONAL DUTIES FOR COVERAGE FOR DAMAGE TO YOUR AUTO 4-8 GENERAL PROVISIONS 4-8:1 BANKRUPTCY 4-8:2 CHANGES 4-8:3 LEGAL ACTION AGAINST US 4-8:4 OUR RIGHT TO RECOVER PAYMENT 4-8:5 POLICY PERIOD AND TERRITORY 4-8:6 TERMINATION 4-8:7 TRANSFER OF YOUR INTEREST IN THIS POLICY 4-8:8 TWO OR MORE AUTO POLICES 4-9 ADDITIONAL COVERAGES AND PROVISIONS 4-9:1 COVERAGE H - TOWING AND LABOR COSTS COVERAGE 4-9:2 SCHEDULE 4-9:3 COVERAGE R - RENTAL REIMBURSEMENT COVERAGE 4-9:4 LOSS PAYABLE CLAUSE — MODIFIED 4-10 MEXICO COVERAGE — LIMITED WARNING READ THIS PROVISION CAREFULLY! 4-10:1 ADDITIONAL EXCLUSIONS 4-10:2 SPECIAL CONDITIONS 4-11 565. AUTO DEATH INDEMNITY AND TOTAL DISABILITY COVERAGES 4-11:1 SCHEDULE 4-11:2 COVERAGE A - DEATH INDEMNITY 4-11:3 COVERAGE B - TOTAL DISABILITY - MAXIMUM 200 WEEKS 4-11:4 DEFINITIONS - WITH RESPECT TO THIS INSURANCE 4-11:5 EXCLUSIONS 4-11:6 CONDITIONS 4-12 573. SUPPLEMENTARY DEATH BENEFIT 4-12:1 INSURING AGREEMENT AND LIMIT OF LIABILITY 4-12:2 PROOF OF CLAIM 4-12:3 OTHER COVERAGE PROVIDED BY THIS POLICY 4-12:4 DEFINITIONS 4-13 560C. RECREATIONAL TRAILERS, MOBILE HOMES OR MOTORHOMES 4-13:1 DESCRIPTION OF RECREATIONAL TRAILER, MOBILE HOME OR MOTORHOME 4-14 593C. TEXAS PERSONAL AUTO POLICY — AMENDATORY ENDORSEMENT 4-14:1 DEFINITIONS is amended to add the following: 4-14:2 PART E — DUTIES AFTER AN ACCIDENT OR LOSS — GENERAL DUTIES — is amended as follows: 4-14:3 PART A - LIABILITY - EXCLUSION - is amended as follows: 4-15 573A. SUPPLEMENTARY DEATH BENEFIT 4-15:1 INSURING AGREEMENT AND LIMIT OF LIABILITY 4-15:2 PROOF OF CLAIM 4-15:3 OTHER COVERAGE PROVIDED BY THIS POLICY 4-15:4 DEFINITIONS CHAPTER 5: Kids And Cars 5-1 KIDS AND CARS: INTRODUCTION 5-1:1 TEENAGERS: THEY’RE NOT JUST PASSENGERS ANYMORE 5-1:2 NEGLIGENT ENTRUSTMENT OF A VEHICLE CHAPTER 6: INDEX OF TOPICS AND CASES Alphabetical Index of Topics 6-1 Adjuster Liability: 6-2 Agents/Duties: 6-3 Agent Liability: 6-4 Agent Misrepresentation/Coverage: 6-5 Appraisal: 6-6 Appraisal: 6-7 Attorneys’ Fees: 6-8 Attorney-In-Fact: 6-9 Auto Accident: 6-10 Automobile: 6-11 Automobile Use Exclusion: 6-12 Breach of Duty to Defend: 6-13 Burden of Proof: 6-14 Bystander Claim: 6-15 “Captive” Counsel: 6-16 Causes of Action: 6-17 Construction of Insurance Policies: 6-18 Common Fund Doctrine: 6-19 Complaints: 6-20 Construction of Insurance Policies: 6-21 Construction of Insurance Policies: 6-22 Construction of Insurance Policies: 6-23 Counterclaims/Duty to Defend: 6-24 Damages: 6-25 Deductibles (Liability and Property Damage Coverage): 6-26 Domestic Employee: 6-27 Down Payment: 6-28 Duty to Cooperate: 6-29 Duty to defend: 6-30 Duty to Defend/Duty to Indemnify: 6-31 Duty to Defend/Eight Corners Rule: 6-32 Duty to settle. 6-33 Endorsements: 6-34 Estoppel: 6-35 Excess Carriers: 6-36 Family Member/Adults: 6-37 Family Member Exclusion: 6-38 Family Use Exception: 6-39 Family Use Exception: 6-40 Governmental Body Exclusion: 6-41 Health Insurer’s Subrogation Claim: 6-42 Hit-and-Run Motor Vehicle: 6-43 Hit-and-Run/Physical Contact Requirement: 6-44 In-house Counsel: 6-45 Incurred: 6-46 Intoxication/Permissive User: 6-47 Intra Company Stacking: 6-48 Intra Policy Stacking: 6-49 Length of Policy Term: 6-50 Liability Coverage: 6-51 Liability Offset: 6-52 Liability Offset: 6-53 Like Kind and Quality: 6-54 Medicare: 6-55 Minimum Liability Coverage: 6-56 No-Fault Insurance: 6-57 Ownership: 6-58 Paid v. Incurred: 6-59 Paid/Incurred Limitations: 6-60 Payment: 6-61 Physical Contact Requirement: 6-62 PIP/Personal Injury Protection: 6-63 Policy Form: 6-64 Prejudgment Interest (Liability Coverage): 6-65 Prejudgment Interest (UM/UIM Coverage): 6-66 Premium Rates/Statutory Fees: 6-67 Premiums: 6-68 Proof of Insurance: 6-69 Property Damage: 6-70 Punitive Damages/Liability Coverage: 6-71 Reinstatement After Loss: 6-72 Renewal: 6-73 Resident Family Member: 6-74 Right to Control Defense: 6-75 Salvage Vehicle: No Duty to Warn of Visible Condition of Salvage Car: 6-76 Self-Insurers: 6-77 Self Insured Motor Vehicles: 6-78 Severance and Abatement: 6-79 Severance and Abatement: 6-80 Severance and Abatement: 6-81 Severance and Abatement: 6-82 Severance and Abatement: 6-83 Stacking: 6-84 Staff Attorneys/Captive Counsel: 6-85 Stowers Doctrine: 6-86 Subrogation: Common fund doctrine: 6-87 Subrogation: Made-Whole Doctrine: 6-88 Third Parties: 6-89 T.A.I.P.: 6-90 T.A.I.P./Agents: 6-91 T.A.I.P./Exclusions: 6-92 Timely Notice of Claim or Suit: 6-93 Unauthorized Practice of Law Litigation: 6-94 Unapproved Carriers: 6-95 Underinsured Motorist Coverage: 6-96 Uninsured Motorist Coverage: 6-97 Underinsured Motorist/Settlement Credit: 6-98 Uninsured Motorist/Identifying the Tortfeasor: 6-99 Underinsured Motorist/Punitive Damages: 6-100 Uninsured Motorist/Requirement of Written Rejection of UM: 6-101 Workers’ Compensation: 6-102 Workers’ Compensation Subrogation: 6-103 Workers’ Compensation Subrogation: Workers’ Comp Subrogation Against UM/UIM Recovery Disallowed: 6-104 Vandalism: Alphabetical Index of Cases Index Back Page
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Ms. Colaneri, the senior partner of Colaneri & Massad, has practiced civil litigation exclusively since her graduation from the University of Arkansas Law School in 1984. Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law and Civil Trial Law, Ms. Colaneri is also a member of the Texas Bar Foundation and the College of the State Bar of Texas.
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