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Ambiguity in Auto Insurance Policy Language

Policies of motor vehicle insurance are detailed documents that cover numerous aspects of the business relationship between an insurer and its insured. When this fact is matched up with the great variety of ways in which incidents can occur that may give rise to claims under a policy, it will not be considered surprising that the insurer and the insured will sometimes hold differing views of the meaning of a particular policy provision. When a party to a contract of motor vehicle insurance asserts that potential ambiguities exist in the language of an auto insurance policy, courts are often called upon to decide the meanings of the disputed policy terms and rule on related issues of coverage under the policy.

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.

Automobile Fire Insurance

While the popular impression of the flammability of motor vehicles may be exaggerated due to such things as the manner in which they are portrayed on television and in the movies, cars and trucks do contain flammable materials, and they obtain their motive power through the use of flammable fuel. As a result they occasionally catch fire, causing damage to themselves and to objects around them. Fire coverage under policies of motor vehicle insurance has been devised in order to reimburse vehicle owners for the loss and damage sustained in such incidents.

Proof of Loss Obligations

When an insured has suffered a loss and wants to prove coverage under an automobile insurance policy, the insured must show the issuance and delivery of the policy, payment of the premium, a loss caused by a risk insured against, and notice and proof of loss to the insurance company. The proof of loss must give the insurance company adequate data from which it can determine its liability under the policy. The proof of loss must be in writing and set forth the injuries or damage sustained. A valuation of the loss should also be provided.

Rights of Injured Passengers in Auto Accident Cases

Passengers injured in automobile accidents have a right to recover compensation for their losses. It does not matter whether the driver of the vehicle in which the passenger was riding or the driver of another vehicle was at fault for the accident. In fact, a number of automobile insurance policies may be available to compensate an injured passenger. Of course, under some insurance policies, the passenger may be an excluded person. For instance, an automobile insurance policy with a passenger for consideration exclusion clause would not cover the passenger, who routinely paid the driver to take the passenger on errands or to an airport.


Lexis Nexis

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Please note that the attorneys associated with this office are licensed to practice law in the State of California only. We cannot give advice about legal matters in any other state but would be happy to assist you in locating suitable local counsel with whom we may have a referral relationship.
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