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Full tort insurance is a form of coverage that allows you to sue the other party for medical and medical-related damages. Full tort car insurance is not available in all states. However full ...
Full tort and limited tort automobile insurance options were instituted by the state of Pennsylvania in an attempt to decrease the number of pain and suffering lawsuits in Pennsylvania courts. Concerned about the high rates of automobile insurance, Pennsylvania enacted mandatory personal injury protection (PIP) insurance coverage in the attempt ...
The insurance company will ordinarily pay the judgment, up to the policy limits, once a court determines that an uninsured motorist was at fault. Some states' laws also allow additional insurance coverage to the insured policyholder through policy stacking provisions, whereby a claim may be made against multiple uninsured motorist policies.
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In states where there is a choice of coverage, most consumers choose traditional tort regimes because the cost of the no-fault regime is more expensive. 24 states originally enacted no-fault laws in some form between 1970 and 1975; several of them have repealed their no-fault laws over time. Colorado repealed its no-fault system in 2003.
The other 38 states follow tort insurance systems, where the victim of an accident can file a claim with the at-fault driver’s insurance company to help pay for resulting medical expenses.
[5] "An insurer who denies coverage does so at its own risk. Such factors as a belief that the policy does not provide coverage, should not affect a decision as to whether the settlement offer in question is a reasonable one." [6] "It is the duty of the insurer to keep the insured informed of settlement offers."
The main exception is in insurance bad faith cases in the US if the insurer's breach of contract is alleged to be so egregious as to amount to a breach of the "implied covenant of good faith and fair dealing", and is therefore considered to be a tort cause of action eligible for punitive damages (in excess of the value of the insurance policy). [a]