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Mini Cooper fires

8/20/2012

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In January of 2012, BMW recalled almost 89,000 Mini Coopers from model years 2007 to 2011.  The reason?  A faulty water pump circuit board could smolder and cause a vehicle fire.  BMW said that there had been 4 incidents of burned engine compartments as of November 2011 and that replacement of water pumps would begin in February.

There have now been 5 fires. 

A friend was at a restaurant in Fulshear, Texas, this weekend when a Mini Cooper in the parking lot went up in flames.

I apologize for the photo, but he was afraid to get any closer.  The car was total loss.  On YouTube, there is a video of a different Mini Cooper fire.

If you have a 2007 to 2011 Mini Cooper and are not sure whether your vehicle has been recalled, contact BMW at 1-866-275-6464.


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State Farm ignores law on minimum limits

8/10/2012

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On January 1, 2011, State Law increased the minimum limits coverage amounts for all automobile liability insurance in Texas from $25,000 to $30,000 for bodily injury or death of one person and increased the limit from $50,000 to $60,000 for injury or death for two or more persons.

Insurance companies were not sure whether to make the new, increased coverage effective on January 1, 2011, or just phase the new coverage amount in at renewal the next year.

On November 15, 2010, the Commissioner of the Texas Department of Insurance issued Commissioner's Bulletin #B-0048-10.  What was his instruction?  The change is effective on January 1, 2011, but the industry did not have to send out new proof of insurance cards until renewal.

That should have been clear, but for State Farm Mutual Auto Insurance, that wasn't the answer it wanted to hear.  So, State Farm ignored the law and will not honor the increased limit on claims that fall between Jan. 1, 2011 and their insured's renewal date.

Here's an example:  Debbie Driver has 25/50/25 coverage on December 31, 2010.  On January 1, 2011, she is reaching for her purse, crosses the dividing line on the roadway and causes a head-on collision with Paul Plaintiff, who is seriously injured.

Though state law increased the minimum limits of Debbie Driver to 30/60/25 on January 1, 2011, Debbie's insurance carrier, State Farm Mutual Auto, will only honor limits of 25/50/25 because it takes the position that the new 30/60/25 limits do not take effect until Debbie's policy renews later in the year.

I don't know how many injured people settled their policy limits cases for $25,000 instead of $30,000 during that gap period, but every single one has been a victim of misconduct by State Farm Mutual Auto. 
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    Author

    Scott Brazil is an attorney in Houston, Texas, who is board certified in Personal Injury and Civil Trial Law by the Texas Board of Legal Specialization.

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