Uninsured Motorist Law
 
State of Tennessee v. Anthony John Silva

On January 19, 2014, at 2:36 a.m., Franklin Police Department Officer Adam Cohen observed the defendant driving 46 miles per hour in a 35 miles per hour speed zone. Other than his excessive speed, Officer Cohen did not observe anything erratic or suspicious about the defendant‟s driving. Officer Cohen initiated a traffic stop, and the defendant lawfully pulled his vehicle off of the road. ... More...   $0 (03-03-2016 - TN)

STATE OF NEW JERSEY v. LARA J. SLATER

We summarize the evidence presented during the trial before
the municipal court. On October 21, 2012, at 2:06 a.m.,
Stratford Police Department Sergeant Robert Kelly was on duty
and utilizing a radar device, which measured the speed of
defendant's vehicle at fifty-six miles per hour in a forty mile
per hour speed zone. Kelly observed defendant's vehicle
"straddling th... More...
   $0 (03-02-2016 - NJ)

STATE OF NEW JERSEY v. DARRICK HUDSON

After his motion to suppress inculpatory statements made to
police was partially denied, defendant Darrick Hudson entered a
guilty plea, pursuant to a negotiated agreement, to first-degree
aggravated manslaughter, N.J.S.A. 2C:11-4(a); first-degree
robbery, N.J.S.A. 2C:15-1; and third-degree hindering
apprehension, N.J.S.A. 2C:29-3(b)(1). He was sentenced in
accordanc... More...
   $0 (03-01-2016 - NJ)

Paul and Sybil Schexnayder VS Harry Bridges, N&G Trucking, Inc., Hinson Logging, Inc., State National Insurance Company, Inc. and State Farm Fire and Casualty Company

The motor vehicle accident at issue occurred early in the morning, while still
dark, on March 17, 2011, at approximately 6:00 a.m., on U.S. Highway 190 East
Hwy. 190) near Gremillion Road in West Baton Rouge Parish. Harry Bridges, was
driving an eighteen-wheeler tractor-trailer logging truck that was owned by his
employer, N&G Trucking, Inc., and he was hauling a full load of timbe... More...
   $0 (02-29-2016 - LA)

Terry Chauncy and Jennifer Chauncy VS Patrick Allen, Jr. Louisiana National Guard, State Military Affairs-Armories and the State of Louisiana, Progressive Insurance

On September 2, 2012, Terry Chauncy was involved in a collision in
Washington Parish, at the intersection ofLa. Hwy. 10 and La. Hwy. 450. The other
vehicle involved in the accident was owned by the Military Department ofthe State
of Louisiana (the State), and operated by Private Patrick Allen, Jr., who was on a
state mission at the time. Chauncy and his wife's vehicle liability cov... More...
   $0 (02-27-2016 - LA)

STATE OF KANSAS v. DAVID LEE RYCE

The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights protect against unreasonable searches, which in the criminal context means a search must be conducted pursuant to a warrant or a wellrecognized exception to the warrant requirement. One of these well-recognized exceptions—the consent exception—arises when an individual voluntarily agrees to al... More...   $0 (02-26-2016 - KS)

Lowman v. State Farm Mut. Auto. Ins. Co

Opal was injured in an automobile accident on May 8, 2010, when a vehicle driven by Carla Gibbs collided with Lowman’s vehicle. On November 9, 2012, the Lowmans filed an amended complaint against State Farm, seeking damages for Opal’s injuries. State Farm provided the Lowmans’ underinsured motorist coverage. Prior to trial, State Farm admitted that Gibbs was negligent. The matter went to trial on ... More...   $0 (02-26-2016 - NE)

Adrian Fridman v. Safeco Insurance Company of Illinois

The conflict issue in this case is whether an insured is entitled to a
determination of liability and the full extent of his or her damages by first bringing
an uninsured/underinsured motorist (UM) action before litigating a first-party bad
faith cause of action under section 624.155, Florida Statutes (2007). The related
issues we address are whether that determination of dam... More...
   $0 (02-25-2016 - FL)

Derrick Michael Means v. State of Indiana

On November 27, 2013, while fleeing from the police in Johnson County, a
heavily intoxicated Means rammed his SUV into a vehicle occupied by two
adults and their six-year-old son. The driver of the vehicle sustained a
traumatic brain injury. He fractured his skull, part of which had to be removed
due to brain swelling, and he remained in a coma for two to three weeks
Cou... More...
   $0 (02-25-2016 - IN)

Terry Ann Bartlett v. The Commerce Insurance Company

The trial court recited the following facts. The petitioner was injured in a motor vehicle accident in New York in August 2004, when the motorcycle on which she was a passenger, which Jeffrey Vilagos owned and operated, was struck by a motor vehicle operated by Myroslaw Mykijewycz. Mykijewycz is insured by Allstate Insurance Company (Allstate) under a policy that provides liability insurance cov... More...   $0 (02-22-2016 - NH)

DAVID GURLEY V. COMMONWEALTH OF KENTUCKY

Gerald Goldsmith sat astride his motorcycle, sitting last in a long line of
traffic waiting for the stoplight to turn green. Gurley, who had been drinking
alcohol, approached Goldsmith from behind, driving his SUV under the posted
speed limit. As he approached, the stoplight turned green but the vehicles in
the line ahead of Goldsmith had not yet begun to move. Gurley did not a... More...
   $0 (02-19-2016 - KY)

Demetrius Holloway v. State of Indiana

On the afternoon of August 1, 2014, Holloway drank some beer and drove to a
fast food restaurant, where he collided and had an altercation with another
motorist. South Bend Police Officer Joseph Stitsworth was dispatched to the
scene. Officer Stitsworth suspected that Holloway was intoxicated and
administered field sobriety tests, all of which Holloway failed. The officer More...
   $0 (02-18-2016 - IN)

Carlos Barrientos v. State of Indiana

On July 8, 2014, Detective Alfred Villarreal of the Lake County Sheriff’s
Department was parked along Interstate 90 in Porter County. He was on patrol
in an unmarked car. Detective Villarreal was approached by a man who
identified himself as an agent of the United States Drug Enforcement Agency.
The agent explained he was investigating a vehicle that might be transporting More...
   $0 (02-17-2016 - IN)

Robert Dowell v. State of Indiana

On December 28, 2014, Officer Bryce Hall of the Logansport Police
Department was on patrol traveling on a road with a posted speed limit of thirty
miles per hour. Officer Hall noted that he was traveling at thirty miles per hour
based upon his radar-calibrated speedometer and that a vehicle in front of him
was pulling away from him, meaning the vehicle was going more than thir... More...
   $0 (02-16-2016 - IN)

STATE OF NEW MEXICO v. DEENA WISNER

Defendant appeals from the district court’s order that affirms her magistrate18
conviction for aggravated DWI (first offense, .16 or more) and remands for imposition1
of the magistrate sentence. [RP 100] Our notice proposed to affirm, and Defendant2
filed a memorandum in opposition. We remain unpersuaded by Defendant’s3
arguments, and affirm.
{2} Defendant continues to challen... More...
   $0 (02-16-2016 - NM)

STATE OF LOUISIANA V. DAMIEN MARQUES MCLENDON, JR. AKA - DAMIEN M. MCLENDON, JR

On the evening of October 7, 2014, law enforcement officers in
Beauregard Parish were conducting a drug interdiction operation on Highway 190
when Detective Joshua Stanford and Probation Officer Leland Hughes, in an
unmarked vehicle, observed an automobile driven by Defendant Damien Marques
McLendon crossing into Louisiana from Texas. Detective Stanford followed the
vehi... More...
   $0 (02-13-2016 - LA)

State of North Dakota v. Danny Birchfield

Danny Birchfield appeals from a criminal judgment entered on a conditional plea of guilty to class B misdemeanor refusal to submit to a chemical test in violation of N.D.C.C. § 39-08-01, reserving his right to appeal the district court's denial of his motion to dismiss the charge on constitutional grounds. Because we conclude the criminal refusal statute does not violate Birchfield's rights under ... More...   $0 (02-01-2016 - ND)

Melissa Saldana v. Matthew Thomas, Erie Insurance and Farm Bureau Town & Country Insurance Company

Norman, OK - Melissa Saldana sued Matthew Thomas, Erie Insurance and Farm Bureau Town & Country Insurance Company on an auto negligence theory claiming:


1. On December 14, 2014 at about 2:05 p.m. Plaintiff was a passenger in a vehicle which was stopped, headed north, in her vehicle in a line of traffic on South Telephone Avenue at its intersection with Kings Manor in Moore, Oklahoma.... More...
   $0 (01-31-2016 - OK)

Brianna Maidens v. Matthew thomas and Erie Insurance

Norman, OK - Brianna Maidens sued Matthew thomas and Erie Insurance on an auto negligence theory claiming:

1. On December 14, 2014 at about 2:05 p.m. Plaintiff was stopped, headed north, in her vehicle in a line of traffic on South Telephone Avenue at its intersection with Kings Manor in Moore, Oklahoma. Defendant, driving his vehicle north on South Telephone Avenue, collided with the rea... More...
   $1 (01-31-2016 - OK)

Steven Craig Geatches v. Allan Dubey, Progressive Insurance Company and Framers Insurance Company

Tulsa, OK - Steven Craig Geatches sued Allan Dubey, Progressive Insurance Company and Framers Insurance Company on auto negligence and under insured motorist theories claiming:

1. Plaintiff is a citizen and resident of Tulsa County, State of Oklahoma.

2. Defendant Dubey is a resident of Tulsa County, State of Oklahoman.

3. Defendant Progressive is a foreign insurance com... More...
   $1 (01-29-2016 - OK)

Jason Hansbrough v. State of Indiana

Jason Hansbrough appeals his conviction, following a bench trial, for unlawful
possession of a firearm by a serious violent felon, a level 4 felony. During a
valid traffic stop of Hansbrough’s vehicle, police officers conducted a dog sniff
around the vehicle. After the canine alerted to the presence of narcotics,
officers searched the vehicle and found a firearm. Hansbrough ... More...
   $0 (01-29-2016 - IN)

Matthew Jonas and Sue Hubbard v. Patrick Beck and Esurance Property and Casualty Insurance Company

Tulsa, OK - Matthew Jonas and Sue Hubbard sued Patrick Beck and Esurance Property and Casualty Insurance Company on auto negligence and under insured motorist theories claiming:

1. Plaintiff Matthew Jonas is a resident of Tulsa County, Oklahoma.
2. Plaintiff Sue Hubbard is a resident of Tulsa County, Oklahoma.
3. Based on information and belief, Defendant Patrick Beck is a residen... More...
   $1 (01-28-2016 - OK)

People Of Illinois v. Cummings

The facts surrounding defendant’s arrest are described in detail in our earlier opinion. Cummings I, 2014 IL 115769, ¶¶ 3-10. To summarize, defendant was driving a van registered to a woman named Pearlene Chattic in the city of Sterling. Sterling police officer Shane Bland pulled the van over because there was a warrant out for Chattic’s arrest. Bland was unable to see the driver of the van until ... More...   $0 (01-22-2016 - IL)

STATE OF IOWA vs. KENT ANTHONY TYLER III

We recite the facts in the light most favorable to the State. State v. Neiderbach, 837 N.W.2d 180, 187 (Iowa 2013). On the night of August 24–25, 2013, a crowd of twenty to forty teenagers was gathered at an empty lot next to the Des Moines River in downtown Des Moines. They were drinking, dancing, and listening to music. About ten to fifteen cars were present. Some in the crowd were dancing ... More...   $0 (01-22-2016 - IA)

Safeway Insurance Company v. Hadary

The procedural history of this appeal is important to consider. On November 3, 2014,
this court filed its opinion in Safeway Insurance Company v. Hadary, 2014 IL App (1st) 132554
(Safeway I). The petition for leave to appeal to the Supreme Court in Safeway I was denied on
November 25, 2015, with the order of the Supreme Court stating as follows:
¶ 4 "In the exercise of this ... More...
   $0 (01-21-2016 - IL)

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