Blog Posts
DELAY, DENY, DEFEND Insurance Companies & Claims Handling
Delay, Deny, Defend: three tactics employed by much of the insurance industry in aggressively fighting insurance claims. Delay, Deny, Defend is the title of a book whose author, Jay M. Feinman, documents how the tactics are used by insurance companies to bash personal injury claims, homeowners and other claims. Personal […]
Texts as Evidence: Electronically Stored Information in Court
Are text messages admissible in court? After an accident the other driver admitted she wasn’t paying attention. In a text later the driver said she was sorry, that she’d been on the cell phone, and offered to pay outside of insurance. Now that her insurance company is involved she denies […]
Can Recreational Use Statutes Stop Personal Injury Claims?
Recreational use statutes encourage property owners to open land to public use. Sometimes called public use statutes, these laws shield property owners against liability for personal injuries sustained by people using the land for purposes stated. Where followed correctly, these laws prevent liability claims for both public and private property. Most states have […]
Is There Pain and Suffering for a Dog?
The law treats dogs as property, no different than a coffee mug or piece of furniture. But if a dog suffers injury, are damages limited to the dog’s market value, like a car after an accident? The Massachusetts Appeals Court confronted this question when a Bichon Frise named Peppermint was […]
Medical Payments Auto Insurance
I have Medicare and Medicaid, so do I really need to purchase Medical Payments on my car insurance? I live on a fixed income. My car isn’t worth much but the bank requires me to have auto insurance. I’ve heard that Medicare won’t pay for accident injuries but Medicaid will. […]
Vicarious Liability – Responsibility Flows Up
Vicarious liability is a legal theory holding one party responsible for the negligence of another. An employee drives a company vehicle, causing an accident. Vicarious liability holds the company responsible. Generally, vicarious liability attaches when a “master and servant” relationship exists. If so, the master faces responsibility for the servant’s […]
Unfair and Deceptive Insurance Practices
Unfair and deceptive insurance practices are prohibited by law. That doesn’t mean it doesn’t happen. Consider the case of Odin Anderson, crossing the street in Boston on a clear, sunny afternoon, when he was hit by a 13 ton shuttle bus making a left turn. The bus driver told his […]
Electronically Stored Information in Lawsuits
People involved in civil lawsuits must comply with rules of discovery requiring that they produce documents requested by the other side. In another article we describe basic court discovery rules. But what if there are no paper documents? What if the information at issue is stored electronically, some on one […]
Is My Privacy And Security Protected If I’m In A Lawsuit?
Privacy and security concerns raise increasing concern to those forced to release personal information during lawsuits in an era of increasing identity theft. People who bring law suits or who are drawn into lawsuits must identify themselves and relevant background. But how far do they have to go? Federal Rule […]
Fools In The Law 2014
April Fool’s Day means my local newspaper column, usually answering legal questions or focusing on various laws, turns instead to what I call “Fools in the Law”. Here are some choice legal moments over the last year. Bedford, NH. A 25 year old man hailed a cab to take him home from a Manchester nightclub. […]
