It may be hard to believe but there are times when an insurance company can be required to provide coverage (to pay benefits) in situations where it never intended to do so. The legal theories that create the obligations have always been confusing and even confused with one another. A blogger has taken the time to post a long article that goes a long way to clarify the situation.Marc Mayerson...
On October 1st, the U.S. Department of Health and Human Services (HHS) issued new interim rules protecting patient’s genetic information from being used against them. The new rules come as...
The Legislature decides October 1st, 2007 if the personal injury protection (PIP) part of the Florida no-fault auto insurance law will "sunset" after being in use for 36 years. If PIP is not renewed, drivers will no longer be required to buy the minimum $10,000 coverage for PIP and will be able to bring law suits against other drivers in auto accidents. The proponents of getting rid of PIP,...
One advantage to practicing law in Florida for over 36 years is the perspective you have of automobile insurance in our state.Prior to 1972 the No-Fault system and coverage did not exist. The insurance industry in Florida and across the nation did not like that situation. It argued for the need to enact restrictions on the right to sue for damages as a result of an automobile accident and to...
The attorney for the injured patient was trying to settle the medical malpractice case for the amount of the doctor's insurance, $200,000. The insurance company drew the line at $50,000. (And, only employed one defense attorney to defend two physicians with conflicting stories to tell.) Now, the insurance company will have to pay $7.9 Million. Could this explain the high cost of medical...
Blue Cross of California provides the latest evidence that trial lawyers serve as a valuable line of protection for the average citizen faced with insurance company misconduct. Tort Deform has the story - here are some excerpts:Do You Have a Blue Cross Scorched Earth Policy?For some time I have been following the corrupt business practices of Blue Cross of California and writing about what I...
This fire burned more than a house. A California jury torched the Fidelity National Insurance Company with $5.2 Million in punitive damages because it acted with malice, oppression and fraud in the handling of a fire loss claim filed by Larry Stone and Linda Della Pelle. This fire burned more than a house. A California jury torched the Fidelity National Insurance Company with $5.2 Million in...
Last week Allstate was ordered by the Florida state insurance commissioner to stop writing insurance policies after their refusal to answer state subpeonas. The subpeonas were issued in an investigation into why Allstate wanted to raise their rates by 41.9 percent. Then on Friday the Court of Appeals issued an injuction allowing Allstate to write insurance policies again. Before the ruling,...
Last week I was working on a personal injury claim on behalf of two Canadian citizens who were visiting in Florida when they were involved in an automobile accident. This week I believe my calendar shows two matters involving injured snowbirds from northern states. The fact is that Florida, perhaps more than any other state, has lots of out-of-state residents on its roads. And, as a result,...
Ernestine and Thurman Townsend were an elderly couple. They both had medical conditions and problems. But, what happened to them after a plumbing problem in their home made their lives a lot worse. They found out they were not in Good Hands® with Allstate. From the West Virginia Record we have the story:One night, the water supply line to a commode burst, and water flowed into their home or...
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