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Documents on Personal Injury, Insurance
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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...
|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.
|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...
|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...
|San Antonio Court Of Appeals Affirms Summary Judgment In Favor Of Driver of Vehicle Based On the Statute Of Limitations in Lawsuit Brought By Passenger in Same Vehicle|
Martin Disiere Jefferson Wisdom L.L.P.;
August 4, 2014, previously published on July 28, 2014The San Antonio Court of Appeals in Ellard v. Ellard, Cause No. 04-13-00709-CV, 2014 WL 3605935 (July 23, 2014), upheld summary judgment in favor of driver of vehicle based on the two-year statute of limitations set forth under Texas law.
|Injuries Caused In Oilfield Mud Tank Not Subject To Insurance Policy’s Pollution Exemption|
Sutherland Asbill Brennan LLP;
July 16, 2014, previously published on July 10, 2014In December 2012, an oilfield worker for a services subcontractor specializing in the cleaning of mud tanks arrived at a worksite and proceeded to clean a tank at the instruction of the general contractor. The general contractor allegedly failed to inform the worker that the tank contained large...