Download or read book The Enforceability of Releases in Property Insurance Claims written by Jay M. Feinman and published by . This book was released on 2013 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article deals with an important issue in property insurance. After a property loss, the property insurance company's adjuster offers an amount to settle the claim and the owner accepts payment of that amount. The adjuster may have the owner execute a release as a condition of payment. Subsequently the owner discovers that the assessment of the loss at the time payment was made failed to account for all of the damage for which it was entitled to payment under the policy. The owner files a claim with the company for additional compensation, and the company proffers the release as a defense to any further liability. Is the company obligated to pay, or does the release bar any further claim?This issue arises particularly frequently after hurricanes and other catastrophes. Releases are often demanded from property owners, who are under financial and emotional pressure to accept a settlement in order to begin repairs or rebuilding. Only later does the owner discover that the settlement is inadequate, and the release is presented as a roadblock to full recovery.Part I of the article explains the process of adjusting property losses and how releases are sometimes used in that process. Part II discusses the application of the pre-existing duty rule to this process and concludes that the rule makes a release ineffective unless it is given as part of the resolution of a good faith, genuine dispute between insurer and insured. Part III addresses the modern function of the pre-existing duty rule and criticism of it, the public policy favoring the settlement of disputes, and the public policy favoring the payment of insurance claims, and explains how the purposes of the rule and the policies coalesce to support its application in the releases cases.
Download or read book Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcement of Maritime Claims written by David Jackson and published by CRC Press. This book was released on 2013-08-22 with total page 1058 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.
Download or read book Older Workers Benefit Protection Act written by United States and published by . This book was released on 1990 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA and Health Insurance Subrogation in all 50 States 5th Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judgment Enforcement written by Brown and published by Wolters Kluwer. This book was released on 2009-01-01 with total page 2447 pages. Available in PDF, EPUB and Kindle. Book excerpt: When economic times are hard, clients need their debts collected and judgments enforced more than ever for their businesses to be viable. Collecting and enforcing judgments has become an important legal process in the United States and worldwide and is now becoming a very prominent and respected specialty of the law. Judgment Enforcement, Third Edition is a best-selling desktop reference with comprehensive information about the judgment enforcement process in general and many other areas in particular. This essential one-volume work presents a concise treatment of judgment enforcement practice from discovery to execution. You'll discover: How to find, freeze, and collect hidden assets How to obtain information on the assets available How to prepare and file enforcement-related pleadings and documents. Judgment Enforcement, Third Edition has more statutes, case law, rules of procedure, service of process tips and practice tips than any two volume series in the United States. It also includes a detailed discussion of the federal judgment enforcement provisions and strategies for international execution, as well as tips and strategies for effectively executing all judgments.
Download or read book Mellinkoff s Dictionary of American Legal Usage written by David Mellinkoff and published by Wipf and Stock Publishers. This book was released on 2009-06-24 with total page 811 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a dictionary of the language of the law as used in America today. Most of this dictionary is written in ordinary English. Most of the words that lawyers use in writing and talking about the law are the ordinary words that fill the dictionaries of the English language. They have a place in this dictionary when the law gives them a specialized sense; or to emphasize that there is none. Too often an apparent change in sense results not from the law but from bad grammar or redundancy; or from an unsorted host of possible meanings jumbled together and left to the vagaries of interpretation. At the other extreme, individual cases, each walled in by its own distinctive facts and law, may give an immaculately narrowed sense, but neither generalized definition nor standards for the gradation of sense that is the essence of clear usage. A small number of citations to cases of special relevance to word usage are included in this dictionary. The citation count does not measure the indebtedness of this dictionary to old and current sources of American legal usage. The definitions and examples of usage in this dictionary have roots in the law reports of thousands of litigated cases; in law writings formal and informal, profound and trivial; in the talk of lawyers and judges in court and out--the formal and the informal--colloquial and slangy, talk that is precise and talk that is mush; in a long line of dictionaries past and present--law dictionaries, and dictionaries of English and its usage. Drawing from all those sources, the definitions and examples are shaped by more than a half-century of personal immersion in the oral and written language of the law, as law student, practicing lawyer, professor, and writer. And something has been added. This dictionary is designed to sort out the words used in the law, and to identify the different senses in which each is used, and can be used. With cross-reference, it tells how words are related to each other and separated for each other, so that discrimination and choice of usage are possible. Words are grouped together as identical, similar, disparate, departing from or paralleling the usages of ordinary English. Where usage is not uniform, the dictionary comments on what is better, best, and worst. The dictionary concentrates on general legal usage for a profession practicing in the American common law tradition . . . The dictionary does not detail the multitude of other jurisdictional variations, but calls attention to the fact of variation. Although the distinction is often difficult to make, this is a word dictionary, not a short legal encyclopedia. Technicalities in general legal usage are included, but not the intricacies of learning in specialized fields of the law. There is no standard legal pronunciation. Pronunciation is included here when it is unusual, exotic, controversial, or needed to prevent confusion. Pronunciation is rendered in simplified phonetics. American law dictionaries go back to 1839. This one is new and different. --David Mellinkoff, from the Preface
Download or read book Settlement Agreements in Commercial Disputes Negotiating Drafting Enforcement 2nd Edition written by Rosen, Velazquez and published by Wolters Kluwer. This book was released on 2019-06-16 with total page 2320 pages. Available in PDF, EPUB and Kindle. Book excerpt: With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782
Download or read book A Digest of the Decisions of the Supreme Court of Arkansas from 1906 to 1913 written by Thomas Dwight Crawford and published by . This book was released on 1914 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Minnesota Insurance Laws written by Minnesota and published by . This book was released on 1911 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Code of Federal Regulations written by and published by . This book was released on 2009 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Special edition of the Federal Register, containing a codification of documents of general applicability and future effect ... with ancillaries.
Download or read book United States Digest a Digest of Decisions of the Various Courts Within the United States from the Earliest Period to the Year 1870 written by and published by . This book was released on 1879 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulations 103 Relating to the Income Tax Under the Internal Revenue Code written by United States. Bureau of Internal Revenue and published by . This book was released on 1940 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Law and Enforcement written by Gregor I. McGregor and published by CRC Press. This book was released on 2021-05-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls. The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims. The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.
Download or read book United States Code written by United States and published by . This book was released on 1994 with total page 1334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
