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GM isn't liable for punitive damages in ignition switch cases

NEW YORK — A federal appeals court said General Motors is not liable for punitive damages over accidents that occurred after its 2009 bankruptcy and involved vehicles it produced earlier, including vehicles with faulty ignition switches. The 2nd U.S. Circuit Court of Appeals in Manhattan said on Tuesday that the automaker did not agree to contractually assume liability for punitive damages as part of its federally-backed Chapter 11 reorganization. GM filed for bankruptcy in June 2009, and its best assets were transferred to a new Detroit-based company with the same name. The other assets and many liabilities stayed with "Old GM," which is also known as Motors Liquidation Co. Tuesday's 3-0 decision may help GM reduce its ultimate exposure in nationwide litigation over defective ignition switches in several Chevrolet, Pontiac and Saturn models. It is also a defeat for drivers involved in post-bankruptcy accidents, including those who collided with older GM vehicles driven by others, as well as their law firms. The ignition switch defect could cause engine stalls and keep airbags from deploying, and has been linked to 124 deaths. A lawyer for the drivers and their law firms did not immediately respond to requests for comment. GM had no comment. Circuit Judge Dennis Jacobs said GM's agreement to acquire assets "free and clear" of most liabilities excused it from punitive damages claims for Old GM's conduct. He also noted that the judge who oversaw the bankruptcy concluded that the new company could not be liable for claims that the "deeply insolvent" Old GM would never have paid. The decision upheld a May 2018 ruling by U.S. District Judge Jesse Furman in Manhattan, who oversees the ignition switch litigation. Drivers have sought a variety of damages in that litigation, including for declining resale values. GM has recalled more than 2.6 million vehicles since 2014 over ignition switch problems. It has also paid more than $2.6 billion in related penalties and settlements, including $900 million to settle a U.S. Department of Justice criminal case. The case is In re: Motors Liquidation Co, 2nd U.S. Circuit Court of Appeals, No. 18-1940. Government/Legal Chevrolet Pontiac Saturn Safety gm ignition switch

10 of 18 midsize SUVs earn 'good' IIHS side impact safety rating

It's not terribly surprising that midsize SUVs earned better safety ratings than small SUVs in the latest side-impact tests performed by the Insurance Institute for Highway Safety (IIHS). Just how much better they scored, on the other hand, certainly raises an eyebrow. Ten out of 18 midsize SUVs earned the highest rating of 'good' in the stringent new test, altered for vehicles starting with the 2020 model year with a heavier barrier (4,200 pounds) that moves at a higher speed (37 miles per hour) and is fitted with a hard honeycomb frontal structure. By way of contrast, just one out of of 20 small SUVs earned a 'good' score.  SUVs that receiving 'good' scores were the Ford Explorer, Infiniti QX60, Lincoln Aviator, Mazda CX-9, Nissan Pathfinder, Subaru Ascent, Toyota Highlander, Volkswagen Atlas, Volkswagen Atlas Cross Sport and Volkswagen ID.4. For EV fans, it's worth noting the ID.4 was the only electric vehicle included in the test. The Buick Enclave and Chevrolet Traverse scraped away with 'acceptable' ratings while the Honda Passport, Honda Pilot, Hyundai Palisade, Jeep Wrangler 4-door, Kia Telluride and Nissan Murano were deemed merely 'marginal' in the tough new test. Only two models — the Mazda CX-9 and Volkswagen ID.4 — earned a "Good" rating in every test category.  Interestingly, the Jeep Wrangler would have scored a 'good' rating if it were equipped with side airbags for the rear seating positions. It would likely be an engineering challenge to equip its removable top and/or doors with airbags, but the lack of that safety feature allowed the head of the rear passenger dummy to hit the vertical support of the top. Otherwise, the Wrangler scored good ratings across the board. The new Ford Bronco, which makes more allowances for side-impact safety, has not yet been tested.  The popular Hyundai Palisade and Kia Telluride SUVs stand out in the test with 'poor' ratings for driver pelvis injuries. The Nissan Murano, a vehicle last redesigned for the 2015 model year, was the only vehicle tested that received a 'poor' rating for its structure and safety cage. Videos of the tests of 12 of these 18 SUVs can be found on the IIHS' YouTube page. Related video: Green Buick Chevrolet Ford Honda Hyundai Infiniti Jeep Kia Mazda Nissan Subaru Toyota Volkswagen Safety Crossover SUV IIHS Insurance Institute for Highway Safety

Buick Encore, Chevy Trax earn Top Safety Pick from IIHS [w/video]

The Buick Encore has been a massive sales success practically from the moment it debuted, and Buick recently decided to increase production to keep up with demand for the premium compact crossover. The Insurance Institute for Highway Safety recently put one to the test again, and the Encore earned a Top Safety Pick award. It's the first model from the brand to score the nod since 2013, according to the IIHS, and the rating also carries over to the 2015 Chevrolet Trax. The 2015 Encore scored a Good rating in all of the IIHS' evaluations, including the 40-mile-per-hour, small overlap front crash test. That was a big improvement over the previous model the institute tested, which scored a Poor result in the overlap test. In the first test, about 13 inches of the lower door hinge pillar came into the passenger compartment, and the steering wheel airbag moved too far to protect the dummy's head. Improvements for the latest model year showed six inches of intrusion this time, and the airbags caught the dummy's head well. The dummy's sensors also indicated a low risk of injury. The two CUVs missed out on the full Top Safety Pick+ because the IIHS scored the Encore as only having a basic front crash prevention system, and there was no such equipment for the Trax. To earn the highest mark, models need at least an advanced rating by the institute for this technology. Buick Encore, Chevrolet Trax earn 2015 TOP SAFETY PICK award ARLINGTON, Va. - A small SUV is the first vehicle from the Buick brand to qualify for a TOP SAFETY PICK award from the Insurance Institute for Highway Safety since 2013. The Buick Encore's newly introduced, lower-priced twin, the Chevrolet Trax, also qualifies for the honor. The Encore's award follows improvements to the SUV's structure for better small overlap front protection. The 2015 model earns a good rating in the small overlap test. In contrast, the 2013-14 Encore rated poor in the test. The driver's space was seriously compromised with intrusion measuring as much as 13 inches at the lower door hinge pillar. The dummy's head barely contacted the front airbag before sliding off the left side, as the steering column moved to the right. The side curtain airbag deployed too late and didn't have sufficient forward coverage to protect the head. In the latest test, the driver space was maintained reasonably well, with maximum intrusion of 6 inches at the door hinge pillar and instrument panel. The dummy's movement was well-controlled.