when 2 parties have the same insurance is it safe to get an attorney

Can a lawyer represent more than one client from the same accident?

When a car accident occurs and both drivers have the same insurer, the insurance company must handle it carefully in order to avoid running into a “conflict of interest.”. To do so, most insurance companies will issue each driver their own adjustor. The idea is that both adjustors will evaluate the claim and liability of the accident ...

What happens when two drivers have the same insurance company?

Nov 22, 2010 · We agree with the parties that the purpose of Citizens’ “Other Insurance” provision is to address the situation where an insured has multiple polices that insure the same risk; for example, a wind policy of $200,000 with one carrier and a …

Can my partner and I have the same car insurance policy?

Dec 05, 2018 · SAME POT OF MONEY. It’s important to understand that the insurance company is only able to pay up to the policy limits of the insured. For this reason, you may not want to share the same car accident attorney with the other occupants in your vehicle. If you suffered the most severe car accident injuries out of the group, you deserve the largest cut of money.

Can two adjusters work for the same insurance company?

Jan 28, 2016 · It might be possible for there to be two car insurance policies in one household depending on the insurance companies involved and the circumstances. Some companies will not allow it because of state laws and liability exposure. Two car insurance policies can be held in the same household in certain situations.

What happens if 2 people have the same insurance?

What is double dipping in insurance?

Should I talk to the other guys insurance company?

Should I call the other party insurance?

Can I claim from 2 insurance policies?

Is it illegal to have two insurance policies on one car?

Do insurance companies contact each other?

Should I call my insurance if it was my fault?

Do insurance companies go after uninsured drivers?

Why do insurance companies keep calling me?

Can someone claim on my car insurance without me knowing?

Should I give a statement to the other insurance company?

What is the other clause in property insurance?

Most property insurance policies include a provision known as the “Other Insurance” clause. An example reads like this: If a loss covered by this policy is also covered by other insurance, we will pay only the proportion of the loss that the Limit of Liability that applies under this policy bears to the total amount of insurance covering the loss.

What was the wind only policy in Ashe?

In Ashe, the policyholder had purchased both a flood insurance policy and a wind only policy. The wind only policy, while it provided for coverage from hurricane losses, specifically excluded coverage from storm surge, wave wash, and flood.

What is wind only insurance?

The wind only policy, while it provided for coverage from hurricane losses, specifically excluded coverage from storm surge, wave wash, and flood. The wind only policy also had an Other Insurance clause in it, identical to the one above. The insured suffered a total loss to his property and was paid policy limits by the flood insurer.

What happened to the insured in the Wind Policy?

The insured suffered a total loss to his property and was paid policy limits by the flood insurer. At trial on the wind policy damages, the trial court judge erroneously applied the other insurance clause, despite the facts that neither party had argued for its application and both parties objected to its use.

What is the other insurance clause in a wind policy?

“other insurance” exclusions “are applicable when two or more insurance policies are on the same subject matter, risk and interest.

Why are exclusionary clauses used in insurance?

The reason for said exclusionary clauses is to avoid double collection, and thereby discourage fraud.” (Citations omitted.)

When are other insurance exclusions applicable?

Regarding the other insurance clause, the First District Court of Appeal said, “other insurance” exclusions “are applicable when two or more insurance policies are on the same subject matter, risk and interest.

Is one driver 100% responsible for a car accident?

It’s rare that one driver is 100% responsible for a car accident. For example, Driver 1 may have been driving distracted while Driver 2 was driving drunk. Even if a driver is only partially responsible for causing the car accident, their passengers may be able to access their insurance policy. Since drivers and passengers often have different ...

Can passengers access insurance?

Even if a driver is only partially responsible for causing the car accident, their passengers may be able to access their insurance policy. Since drivers and passengers often have different goals, they’ll need separate car accident attorneys from different firms.

Can you have two car insurance policies in one household?

It might be possible for there to be two car insurance policies in one household depending on the insurance companies involved and the circumstances. Some companies will not allow it because of state laws and liability exposure. Two car insurance policies can be held in the same household in certain situations.

Is it cheaper to have multiple members of a household on the same policy?

Typically it is cheaper to have members of a household and their vehicles on the same policy since there can be a multi-car discount. Also, insurance companies generally require all licensed household members to be listed on a policy, so even with separate polices, each insurance provider will likely require the other household members ...

Do you have to list your household members on your insurance policy?

Also, insurance companies generally require all licensed household members to be listed on a policy, so even with separate polices, each insurance provider will likely require the other household members to listed on each other's polices. This can add expense.

Can you share information with another adjuster?

These adjusters will not have access to any information contained within the other adjuster's file unless both you and the other driver consent to the information being shared. Unless you consent, the adjusters cannot share information with each other.

Does State Farm use Kelly Blue Book?

State Farm does not use Kelly Blue Book in determining the value of a vehicle. They use other information to determine the value of a vehicle. Normally, the amount that State Farm offers should be near what Kelly Blue Book says a vehicle is worth. So to answer your question, I do not believe State Farm is being "generous.".

Does State Farm have separate adjusters?

State Farm will have separate adjusters handling this accident. You will have one as will the other driver. These adjusters will not have access to any information contained within the other adjuster's file unless both you and the other driver consent to the information being shared. Unless you consent, the adjusters cannot share information ...

Does State Farm share information with each other?

Be thankful for the higher value on the car, they use several sources to determine the value of a vehicle. You can expect State Farm to share your information with each other. If you had sued them they would ultimately get your information. Do not sign any releases, that is your power of control. Report Abuse.

Does PIP pay for copays?

Your PIP should be paying for all of your medical bills, not just your copays. In order for that to happen you have a duty to cooperate with your PIP; this includes signing a medical authorization and filling out a PIP application. This can be confusing when both parties have the same Insurance company.

Can adjusters share information with each other?

These adjusters will not have access to any information contained within the other adjuster's file unless both you and the other driver consent to the information being shared. Unless you consent, the adjusters cannot share information with each other. Question 2: "Why are they being so generous?".

Do not give a recorded statement?

Do not give a recorded statement. It will haunt you and will never help you. You are not a lawyer. Don't kiss a gift horse in the mouth. If they want to give you $17,000, take it. Don 't sign a full release. Read what you are signing.

Can an attorney owe fiduciary duty to other shareholders?

In those circumstances, an attorney can owe a fiduciary duty to the other shareholders, and in this instance, other members of the LLC. Such facts create the risk of potential liability exposure through unintended but potential breaches of fiduciary duty owed to the non-controlling members of the LLC.

Can an LLC contract with its members?

An LLC can contract with its members, or the members of its members. Therefore, when a dispute or disagreement arises over the interests controlled by one of the LLC members, attorneys may find themselves in a situation akin to representing a closely held corporation and a controlling shareholder.

Is a conflict between two current clients non-consentible?

Conflicts between multiple current clients also arise in transactional work. “Whether a conflict is non-consentible depends on the circumstances. For example, a lawyer may not represent multiple parties to a negotiation whose interests are fundamentally antagonistic to each other....”.

Who represented a defendant hospital and a defendant physician in litigation?

Counsel represented a defendant hospital and a defendant physician in litigation. The physician’s acquisition and use of a drug, if relevant at trial, could be explained by the physician as having occurred after obtaining approval from the hospital’s in-house counsel .

Do all counsels have to trace their clients?

All counsel with multiple clients in the same matter need to trace the interests of each of their clients. Only upon mapping out such interests can one see whether the interests of the multiple clients converge or conflict with the interests of all the other multiple clients.

What is joint and several liability?

Joint and several liability is a combination of two different theories of liability -- ways of holding a defendant legally responsible for medical malpractice, in other words -- when more than one person or entity may be liable. In this article, we'll explain the concept of joint and several liability and how it can impact a medical malpractice ...

What is joint liability in medical malpractice?

Joint liability is liability that is shared by two or more defendants. This means that, for two or more defendants to be found jointly liable for medical malpractice, they had to have acted in common to cause the harm. An example of joint liability in a medical malpractice case is two surgeons who are both performing an operation.

Who is jointly liable for a patient's damages?

The surgeons would usually be found to be jointly liable for the patient's damages. The significance of joint liability is that each defendant who is found jointly liable for an injury is responsible for paying all of the plaintiff's damages.

Can a plaintiff recover damages twice?

The plaintiff cannot recover twice for the same injury, of course, but he/she can go from joint defendant to joint defendant until he/she has recovered all of his/her damages. Several liability is the opposite of joint liability. Several liability is defined as liability that is separate and distinct from another party's liability. ...

Can a plaintiff bring a separate lawsuit against a defendant?

In other words, if multiple parties are severally liable to the plaintiff, the plaintiff can bring a separate lawsuit against one defendant without joining the other potentially liable parties. Even if severally liable defendants are sued in the same lawsuit, they are only liable to the plaintiff up to the limit of the damage that they caused. ...

Can a plaintiff collect 1/3 of a judgment?

Or the plaintiff could collect 1/3 from each defendant. It is completely up to the plaintiff how he/she will enforce the judgment. If, however, the defendants pay more than their proportionate share of the judgment, they can sue each other for what is called "contribution" to even out the judgment.

Is joint and several liability favorable?

But, as a general rule, joint and several liability laws are favorable to medical malpractice victims ( and unfavorable to doctors and insurance companies). This is because joint and several liability laws could allow victims of medical malpractice to collect the full judgment from a co-defendant who was a little as 1% liable, ...

Who agrees to pay the insurance premiums?

The insurance company agrees to provide specific benefits, in case of a given random event, and the policyholder (the other party to the contract) agrees to pay the premiums. Insured is the person, whose property, life or health is the subject of the insurance.

What is the second criterion for classifying insurance products?

The second criterion for classifying insurance products is the number of insured objects - hence the division into further types of insurance: individual and collective. Collective insurance allows for a greater number of people or institutions to be covered by the protection.

What is share insurance?

Share. Insurance removes or limits the burden of certain types of random events. Those events may be negative: damage to one’s health or destruction of property. They might also be positive - the birth of a child – however, at the same time lead to increased financial needs.

What is the effect of insurance on random events?

Insurance removes or limits the burden of certain types of random events. Those events may be negative: damage to one’s health or destruction of property. They might also be positive - the birth of a child – however, at the same time lead to increased financial needs.

What is an insured person?

Insured is the person, whose property, life or health is the subject of the insurance. When it comes to insurance, the notion of a beneficiary plays an important role. It is the person that has been designated by the insured to collect the insurance benefits after his death.

What is the role of a beneficiary in insurance?

When it comes to insurance, the notion of a beneficiary plays an important role. It is the person that has been designated by the insured to collect the insurance benefits after his death.

What are the functions of insurance?

Insurance fulfill three primary functions: protective, preventive, financial. The protective function is related to providing the insured with protection in case of the occurrence of certain events. The protection usually has a financial dimension, because the benefits paid by the insurance company are supposed to meet the suddenly increased needs ...

Who said "He who represents himself has a fool for a client"?

The well-known old saying often credited to Abraham Lincoln states that “He who represents himself has a fool for a client.”. This article will not comment on the advisability of representing yourself in litigation, but will instead discuss the ethical issues that arise when an attorney is either a pro se litigant (representing him or herself) ...

Can a lawyer communicate with another lawyer?

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Can an attorney speak with an adverse party?

However, an attorney who is a pro se litigant is also the attorney representing themselves, and it can be argued that pursuant to Model Rule 4.2, the attorney is ethically prohibited from speaking with an adverse party represented by counsel without “consent of the other lawyer or is authorized to do so by law or a court order.”.

Is an attorney acting as both counsel and client?

In this situation, the attorney is not acting as both counsel and client, but is rather is only a client who has retained representation. PBA Opinion 2017-200 found that when an attorney is represented by counsel, Rule 4.2 does not apply, reasoning that Rule 4.2 only applies when an attorney is acting in the role of representing a client ...

Is Rule 4.2 a role rule?

PBA stated that: “Rule 4.2 is a “role rule” since by its terms it applies to lawyers only when they are representing clients. It does not apply to lawyers simply because they are lawyers.”. [7] (We note that this seems somewhat at odds with the notion of protecting people from an attorney’s specialized skills).

Does Rule 4.2 apply to lawyers?

It does not apply to lawyers simply because they are lawyers.”. [7] (We note that this seems somewhat at odds with the notion of protecting people from an attorney’s specialized skills). Other jurisdictions have found that Rule 4.2 applies to a lawyer at all times, because they are a lawyer.

Is Rule 4.2 an identity rule?

In determining that Rule 4.2 is an identity rule, these jurisdictions found that the legal system benefited from a policy preventing attorneys from using their specialized legal knowledge and skills to influence an adversary, even when both sides were represented by counsel.

Can you have two separate insurance policies?

Separate policies, but list each other as drivers. You may end up with two policies in the household. If that is the case, you may need to still list your partner as a driver on your vehicle (since you live in the same household), and your partner may also be required to list you on his or her policy.

Can you have the same car insurance if you are not married?

Can you be on the same car insurance if you’re not married? Yes, if you share a car. If you are living together and sharing a vehicle, you do not have to be married to be on the same car insurance policy. But joint car insurance for married couples is more challenging.

Can you have joint car insurance with married couple?

If you are living together and sharing a vehicle, you do not have to be married to be on the same car insurance policy. But joint car insurance for married couples is more challenging. If you both own your own vehicles separately, you can still be listed on each other’s policies but may not be able to combine them.

Do you have to be married to have the same car insurance?

If you’re living together and sharing a vehicle, then you don’t have to be married to be on the same car insurance policy. “If both people are living in the same household, then both should be able to be listed on the same insurance policy, even if they are not married or related,” says Loretta Worters, vice president of ...

Do you have to add your partner to your car insurance?

In fact, you may have to add your partner to your car insurance if they’re living with you. You may have to add any other roommates to your insurance policy, too. “Most car insurance companies require that you list all household members on your auto insurance policy,” says Worters.

Do you have to add roommates to your insurance?

You may have to add any other roommates to your insurance policy, too. “Most car insurance companies require that you list all household members on your auto insurance policy,” says Worters. Depending on the person’s driving history and other factors, you may end up paying more when adding drivers to your policy .

Can you combine insurance for two cars?

Not on one combined policy for both cars and drivers. It is important to note that if you and your partner are unmarried and living together, but own and drive different vehicles, you may not be able to combine your insurance policies together.