The Massachusetts Supreme Judicial Court in Dicarlo v. Suffolk Construction Company determined that Workers Compensation Insurance Companies in Massachusetts were barred from placing a lien on the pain and suffering 3rd party negligence claims of injured victims. This ruling in the Commonwealth of Massachusetts dealt a significant blow to big insurance and their heavy handed and…
When you sign a lease to rent a home, condominium, apartment or townhouse, the property owner maintains responsibility for insuring the structure against any damage caused by a disaster, including water and fire. However, you may be expected or contractually obligated by your landlord to maintain renters’ insurance that provides numerous coverage to protect your…
The ASERMELY V ALLSTATE decision in 1999 was a very bold and important decision by the Rhode Island Supreme Court. In Asermely, The RI Supreme Court essentially said ‘enough is enough’ to big insurance and their divisive, unfair and heavy handed tactics. In a decision which was essentially dicta, but constitutes the current law in…
What is primary insurance coverage and what is considered excess coverage and how does this affect personal injury claims? The definition of “primary” insurance is coverage which immediately kicks in upon the occurrence of an event giving rise to potential liability. In addition, the insurance carrier holding the “primary” policy, usually has the immediate…
PART 1 of 10 Let’s start with the central premise. Insurance companies do not pay claimants in car accident, premises liability, slip and fall and truck accident causes of action because they are legally obligated to compensate the claimant for his or her damages. Insurance Companies certainly do not care about making the injured victim…
“Impaired Driving Accidents are multifaceted. They usually result in collateral damage that crosses over from criminal law to personal injury law, and have insurance implications.” According to the Uniform Crime Reporting Statistics by the Federal Bureau of Investigation (FBI) there were a total of 1,282, 957 impaired or drunk driving arrests in 2012 throughout the…