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Documents on Personal Injury, Insurance

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HTMLVenue in New York Personal Injury Actions CPLR Article 5: Where to Be and How to Get There
Angela M. Evangelista; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 12, 2016, previously published on September 1, 2016
The rules relating to the venue of civil actions are found in Article 5 of the Civil Practice & Law Rules. This article will focus on venue in personal injury actions.


HTMLOntario Court Confirms Contractor’s Duty to Defend a Municipality in Personal Injury Claims
George R. Wray; Borden Ladner Gervais LLP;
Legal Alert/Article
January 29, 2016, previously published on January 19, 2016
The 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...


HTMLHow Insurance Companies Minimize Claims
Wilshire Law Firm;
Legal Alert/Article
January 28, 2016, previously published on January 26, 2016
If 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...



Setting 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, 2014
Excess 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. ...


HTMLWorker’s Compensation for the Colorado State Trooper: Personal Injury and Subrogation (Part 2 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 19, 2015
If 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...


HTMLApportionment: The Court Clarifies the State of Contribution and Indemnity
Emily M. Shuman; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on May 2014
Since 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.


HTMLSurveillance, Swords, and Shields - Oh My
Hadley E. Hayes; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on March 2014
At 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...


HTMLTo Catch a Plaintiff: Production of Surveillance Evidence Prior to Trial
Whitney Lay; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on September 2014
The 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...


HTMLLitigation Pitfalls: Failure to Preserve Evidence in Your “Control.”
Lisa Richardson; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on May 2014
Spoliation 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.


HTMLKnowledge is Power: Proceed with Caution (In Premises Liability Cases)
Christina Hahn Jay; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 12, 2015, previously published on March 2014
It 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...


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