Prickly Liability Issues: Purposely Distract a Driver or Help an Adulterer - Who Will Pay?

P&C insurers face an array of complex issues in 2014, from determining liability for texting a driver who becomes involved in a crash, to lawyer-sponsored sites for adulterers.

By David Thamann | Updated on January 10, 2014

Perusing various sources of information reveals some interesting developments that can raise questions about insurance coverage. For example, the New Jersey Appeals Court decided that sending a text to someone you know is driving—and who will read it at the same time— can lead to legal responsibility for the sender if the driver has an accident.

The judge in that case said, “when a texter knows or has special reason to know that the intended recipient is driving and is likely to read the text message while driving, the texter has a duty to users of the public roads to refrain from sending the driver a text at that time.”

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