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Documents on Personal Injury, Insurance
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|Ontario Court Confirms Contractor’s Duty to Defend a Municipality in Personal Injury Claims|
George R. Wray; Borden Ladner Gervais LLP;
January 29, 2016, previously published on January 19, 2016The Ontario Court of Appeal closed out 2015 with its decision in Carneiro et al and Regional Municipality of Durham et al and Zurich Insurance Company Ltd., providing important analysis of a winter maintenance contractor's duty to defend a municipality in personal injury claims arising from wintery...
|How Insurance Companies Minimize Claims|
Wilshire Law Firm;
January 28, 2016, previously published on January 26, 2016If you have been in an accident that requires you to file a claim with your insurance company, be prepared for some resistance. Insurance companies are businesses first and foremost. And as it is with all other businesses, their number one priority is profit. Learn about nine of the most common...
the Stage to Make the Insurers Pay the Excess Verdicts
Edward Le; Edward K. Le, PLLC;
May 28, 2015, previously published by Washington State Association of Justice on October 3, 2014Excess verdicts are great for attorneys but does not guarantee collection. Unless the correct procedural steps are taken to properly “set up” the insurance company, most insurance companies will balk at paying any funds that are above the third party policy limits of the defendant. ...
|Worker’s Compensation for the Colorado State Trooper: Personal Injury and Subrogation (Part 2 of 3)|
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
March 27, 2015, previously published on February 19, 2015If you have a workers’ compensation injury that is due to another person’s negligence, workers’ compensation is allowed by law to seek recovery from the money they provided in the course of your workers’ compensation claim. As a result, workers’ compensation gets to...
|To Catch a Plaintiff: Production of Surveillance Evidence Prior to Trial|
Whitney Lay; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on September 2014The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant’s premises. Defendant hires an investigator to perform surveillance on Plaintiff. In discovery, Plaintiff requests any surveillance videos or...
|Surveillance, Swords, and Shields - Oh My|
Hadley E. Hayes; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on March 2014At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary items may be relevant to that litigation. Proper evidence retention can not only be used to shield a defendant property...
|Litigation Pitfalls: Failure to Preserve Evidence in Your “Control.”|
Lisa Richardson; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.
|Apportionment: The Court Clarifies the State of Contribution and Indemnity|
Emily M. Shuman; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014Since tort reform was enacted in 2005, the Georgia law on apportionment has continued to evolve. To some extent, the Courts have become more clear about whether contribution and indemnity still exist.
|Knowledge is Power: Proceed with Caution (In Premises Liability Cases)|
Christina Hahn Jay; Drew Eckl & Farnham, LLP;
January 12, 2015, previously published on March 2014It is well known that “[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises...
|Homeowner's Policies Do Not Cover Auto Accidents|
Carlock Copeland Stair LLP;
October 3, 2014, previously published on September 26, 2014The appellate courts in Georgia have confirmed that homeowner’s policies clearly do not provide coverage for damages arising from the use of a motor vehicle, regardless of who owned or was operating the vehicle. Although most homeowner’s policies plainly exclude coverage for such...