Appellate Law

Court of Appeals Spells Out Claims Settlement Rules for Insurers and Unfair Trade Practices
In Martini v. Companion Property & Casualty Insurance Co., decided yesterday, the court of appeals considered the issue of when an insurer engages in unfair trade practices in connection with claims settlement...

Settlement Industry Marketing to Lawyers Over the Top- Exhibit 1
Marketing Claim "How many structured settlements have you been involved with in the past 10 years in which the annuity was funded through the life insurance company affiliate of the casualty insurer? Is it likely that the affiliate life market...

A Few Settlement Brokers' "Ethical Skirts" on Lock Ins Could Lead to Changes
According to our sources it HAS been noticed that some structured settlement brokers and settlement planners have a pattern of locking in "any old benefit" to preserve a rate series and then opportunistically taking advantage of the life insurer by...

Structured Settlement Best Practices Corner
Click here to be linked to the Structured Settlements Best Practices Corner, a random collection of observations about the laws that govern the conduct of settlement professionals and structured settlement consultants and relevant business practices associated with structured settlement transactions.

Missouri Truck Accident Settlement - $55,000.00 Settlement for Knee Injury Resulting from St Louis Car and Truck Accident - 50% Liability on Identified Driver and 50% Liability on Unidentified Driver (Uninsured Motorist Claim)
My client, Kevin, was involved in a St Louis Missouri car and truck accident after the driver of a truck lost control of his vehcile on Highway 44 near Antire Road in St Louis County...

Insurance: NY Health insurer fined for promising "peace of mind" for just 5 bucks a day
Could this mark a trend in insurance advertising? Promising security and peace of mind seems to be a common advertising spiel of insurance companies while overlooking the cancellations and the uncommon exclusions of coverage which negate that promise or assurance...

Attorneys fees and prejudgment interest in USCPA: TENNESSEE FARMERS MUT. INS. CO. v. JONES (COA 9/12/08)
TENNESSEE FARMERS MUTUAL INS. CO. v. JONES INSURANCE: Attorneys fees and prejudgment interest award affirmed in UCSPA Claim 2007-CA-000911 Published: Affirming Panel: Lambert presiding; Dixon, Stumbo Concur Whitley County Date Rendered: 9/12/2008 The Court affirmed a circuit court judgment finding personal jurisdiction against the appellant Tennessee insurer and awarding attorney?s fees and prejudgment interest to appellee on a claim for that the insurer violated the Kentucky Unfair Claims Settlement Practices Act, KRS 304...

Fifth District: Prejudgment Interest
A first-party insurer pays its insured for a loss and becomes subrogated to the insured's breach of contract claim against a third party. Assuming the insurer successfully sues the third party and is entitled to prejudgment interest, should it run from the time the claim was first liquidated or the time the insurer paid its insured? The latter, said the Fifth District in this decision.

Is your Insurance Advertising in Compliance With New York Insurance Advertising Law This May Surprise You!
A January 7, 2008 opinion of the New York State Insurance Department Office of General Counsnel has important implications concerning acceptable business practices of structured settlement professionals and structured settlement general agencies with websites and other advertising...

Subrogation by Landlord’s Insurer Permitted Despite Tenant’s Rent Being Applied to Landlord’s Insurance Premiums
1044589 Ontario Inc. (Nantucket Business Centre) dealt with the frequently-litigated issue of the right of a landlord’s insurer to advance a subrogated claim against a tenant...

Immigration Related Employment Discrimination & Unfair Labor Practices
What to do about employers who discriminate because of national origin

Trade Secrets
Former execs are hit with doctrine of inevitable disclosure.

Discouraging Union Organizers
Strict work place rules

Selection of State Supreme Court Judges
How State Court Judges are Selected

Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations

Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.

Personal Injury
Appeals Court Upholds Congressional Legislation

VA Sets New Benefit Rules for Agent Orange-Related Ilnesses
Agent Orange-Related Ilnesses VA Sets New Benefit Rules

Trade Secrets
Razorsight agreed to pay $4.5 million settlement in infringement lawsuit.

Newspaper Publisher
Star Tribune must pay St. Paul Pioneer Press a $3.8 million trade secrets act violations settlement.

False Claims
Attorney Robert Arledge ordered to pay $5.8 million after making false Fen Phen settlement claims.

Health Insurers
Dictating Medical Decisions