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Drafting a Reservation of Rights Letter
I am periodically asked by clients to draft a reservation of rights letter. Though the case law involving reservation of rights letters is extensive, I wanted to take the time to discuss some of the...
View ArticleDept of Ins. issues bulletin discussing the enforceability of policy “setoff”...
Jim Ridling, of the Alabama Dept. of Insurance, recently issued a Bulletin, advising insurance carriers that issue MedPay benefits in the context of UM/UIM coverage that they must now account for two...
View ArticleUM/UIM Offset: Claims with multiple claimants
Many have asked me lately as to how to calculate uninsured/underinsured (“UM/UIM”) benefits where multiple claims exhaust the per-occurrence limit of an underinsured motorist’s liability policy and a...
View ArticleLighter Side: Woman sues Google over directions
Here is a unique case: a woman who used Google for directions to a walking route is suing the search engine provider after being struck while walking on the ’sidewalk-less’ trail. Google Maps...
View ArticleUpdate: BP oil spill cases to be heard in New Orleans
A New Orleans federal judge will oversee several hundred civil lawsuits stemming from the Gulf of Mexico oil spill. Many see this as a set back for BP, which wanted the cases heard in Houston where its...
View ArticleObtaining Documents from Social Security Adminstration
Like many of you, I am constantly faced with the need to obtain Social Security Administration records from a party, who is receiving social security benefits in some form or the other. The...
View ArticleCourt Upholds Jgmt. in favor of insurer in response to default judgment
Recently, in Bailey v. Progressive Spec. Ins., the Alabama Supreme Court addressed competing UM/UIM claims involving a default judgment. On June 3, 2006, the plaintiff was a passenger involved in an...
View ArticleA Third Option: Obtaining Social Media from the User
As discussed previously, roadblocks exist relative to a party issuing a subpoena directly to a service provider, including issues related to the SCA and whether a party has standing to object to the...
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