Understanding Your Insurance Policy Means Understanding Your Rights
A Holland, MI couple was killed while riding a motorcycle on a warm evening in June. A 23-year-old woman failed to notice vehicles in front of her had stopped for a left turn. Why? Perhaps it was because she was driving under the influence of marijuana. At the last instant, she swerved to avoid the […]
California Appellate Court Finds Railroad Company Not Subject to Jurisdiction
In BNSF Railway Company v. Superior Court (2015) 185 Cal.Rptr.3d 391, the California Court of Appeal, Second District, reversed a trial court order denying BNSF Railway Company’s motion to quash service of summons for lack of personal jurisdiction…By: Sedgwick LLP
Employer not liable for employee killed in air disaster
Yesterday, Mr Justice Coulson delivered an extensive judgment in the case of Cassley and Others v GMP Securities Europe LLP & Sundance Resources Limited [2015] EWHC 722 (QB), in which he dismissed the claim for damages brought by the estate of the Deceased (James Cassley) against his employer (GMP) and its client (Sundance), an Australian mining company, who chartered the ill-fated flight. This case was heard only weeks after the decision in Dusek v Stormharbour Securities LLP [2015] EWHC 37 (QB) in which an employer was found to be liable for the death of its employee on facts that were superficially similar to the present. The judgment is of significance to the developing field of employer liability in negligence for death of and/or injuries caused…
Thousands set to get refunds for insurance sold with credit cards – Irish Independent
Irish IndependentThousands set to get refunds for insurance sold with credit cardsIrish IndependentThe latest refunds process comes after the Central Bank ordered 11 institutions, including banks and card providers, to pay back almost €70m to 77,000 policyholders who were sold payment protection insurance since July 2007. Irish Independent …Mis-sold credit card insurance could cost banks €30mNewstalk 106-108 fmall 80 news articles »
Backover Accidents: Preventing Tragedies
Backover Accidents: Preventing Tragedies Preventable backover accidents are responsible for injuring or killing thousands of children every year. A “backover” accident usually occurs when a vehicle is backing out of a driveway or parking spot. Drivers are encouraged to check behind their vehicles and realize that their vehicles do have “blind zones.” These are areas directly behind or around the vehicle that you will not be able to see from the driver’s seat. Backover Facts and Statistics • Across the U.S., at least 50 children are being backed over by vehicles each week. • 48 of those children are treated in hospital emergency rooms. • At least two children are fatally injured each week. • Most victims are between the ages of 12 and 23 months old. • Over…
Have All The Right Information Before Changing Your TPA
Rash decisions in the business world can be a significant expense. Not only can it be an expensive decision when changing out an insurer or third-party administrator (TPA), but it can lead to questions from both employees and clients. So, how do you best go about building a firm, long-term relationship between your business and your present claims administrator? The simple way to go about that is by: Hiring a competent TPA to begin with Making sure all necessary information is provided to the TPA when asked for Asking questions of your TPA and keeping an open line of communication In order to best decrease your workers compensation expenses, make sure you put together a formidable relationship from day one. As an example, a risk …
Texas Considers Asbestos Transparency Legislation
Texas is the latest state to consider legislation aimed at increasing transparency between the civil tort and asbestos bankruptcy trust systems. Four states, most recently West Virginia, have enacted such legislation. Texas Senator Charles Schwertner…By: Sedgwick LLP
New Anti-Fraud Effort
From the Social Security Update: Social Security’s Office of Anti-Fraud Programs (OAFP) is the latest member of Social Security’s team supporting our continued mission to fight and prevent fraud. Established in November 2014, OAFP’s mission is to efficiently and effectively detect, deter, and mitigate fraud, waste, and abuse of our program of Social Security’s team supporting our continued
Worker Killed in Sterilization Oven
Sometimes an OSHA fine is the least of your worries.Criminal charges are being brought up against Bumble Bee Foods and its former safety manager for workplace safety violations that resulted in the macabre and disturbing death of an employee. Jose Melena was working inside a giant tuna can sterilization oven and somehow became trapped inside. He was found after the oven was opened to remove the tuna.Various safety standards were violated, to cause this incident. A preventative safety plan had not been implemented, a lockout-tagout procedure was not in place to prevent turning on the oven when someone was in it, and rules for confined spaces were broken. >> Find out what happenedOverpass Falls, Kills 3When you’re driving, you’re alert to hazards around …
Costs Orders Post Jackson Reforms
You know that Qualified One Way Costs rule thingymajig? The one that says, don’t worry claimant, you won’t now have to pay costs if you lose? Well it’s rubbish. We are now receiving costs orders all over the place on claims which should be subject to QOCS protection. Why? Well the courts appear to be easily persuaded that there are exceptional circumstances or that applications have involved hours upon hours of work by the defendant solicitors. Our policies are paying out costs quite regularly even though everyone thought this would be just occuring on the odd occasion. Some of them are pretty hefty bills. We have even had a full costs order from the court despite the Judge being aware that QOCS applies. This …
Don’t Terminate Me —Bro!
Due to under-funded Superior Courts, it is more and more difficult to enforce discovery. Therefore, a “new breed” of litigator is growing that is trying to game the otherwise self-executing discovery process. When they eventually get caught, I…By: Barry P. Goldberg, A Professional Law
Music can transform the lives of people with learning disabilities – The Guardian
The GuardianMusic can transform the lives of people with learning disabilitiesThe GuardianI was really depressed before joining Under the Stars. I was living in a nursing home with old people; it wasn't fun and I didn't feel I could talk to the other residents. I was moved into another nursing home, but I wanted to live in my own flat …