The story goes that back in the 19th century, some life insurance companies were not fond of paying claims. Apparently, after the insured died, life insurance companies would regularly investigate and if a misstatement was found in the application, would then deny the claims. According to Steven Rothschild of the LIFE Foundation, the various states responded by passing incontestability statutes. Absent outright fraud, or failure to pay premiums, these incontestability statutes limited the amount of time in which a company could reach back and contest coverage. [Continue reading]
As Between Intentional And Negligent Joint Tortfeasors, The Negligent Tortfeasor Is Severally Liable While The Intentional Tortfeasor Is Liable Both Jointly And Severally.
According to its web site, CAFE MODA is the “Hottest Local Filipino Spot In Las Vegas”. A few years back, things got hotter than expected when Palma and Richards got into a fight while on the cafe’s premises. Richards stabbed Palma. Palma sued … [Continue reading]
Luck was not with Jose Montes. He was hurt in a very serious motor accident. He was hospitalized for six weeks and spent 46 weeks at home recovering. Lucky for Mr. Montes he had purchased an accident insurance policy through agent Bank of America … [Continue reading]
Hartford’s policyholder was hurt in two separate accidents, once in 2009 and then again in 2010. She collected policy limit settlements from each tortfeasor. She then turned to Hartford, her UIM carrier. She demanded a policy limit settlement for … [Continue reading]
UIM Bad Faith Damages Do Not Include Those Bodily Injury Damages That Are In Excess Of Both The Liability And The UIM Policy Limits
Mr. Bartlett had a dispute with his insurance company. He disagreed with the insurance company’s valuation of his underinsured motorist case. Bartlett sued the tortfeasor and got a judgment against him that was in excess of the torfeasor’s liability … [Continue reading]