July 25, 2008 by Zale.

I’ve handled fatality cases before, when I was an adjuster.  They are never easy.  The Tennessee Supreme Court just decided a case where the plaintiffs were awarded $18.4M in the fatality of an infant.

There are those that would say that we need tort reform and that $18.4M is excessive for this.  I say the founding fathers got it right.  The monetary value for the death of a child coupled with an auto manufacturer’s negligence should be determined on a case by case basis by a jury, not legislation.

You can read more on the case here.

Posted in Negotiations, Litigation, Injury Law, Insurance Law | No Comments »

July 24, 2008 by Zale.

Wasn’t it just yesterday that I posted about Bad Faith?  Well, here’s an article discussing the fact that Allstate just decided to do what the court ordered them to do months ago by finally producing some documents in a Bad Faith case.  It’s amazing that Allstate advertises and wants the public to believe that they are the “good hands” people, when they have refused for so long to do what the court ordered them to do.

It seems to me that Allstate is creating evidence against themselves, within this case.  Let me explain.  They are being sued for not doing what they are supposed to do as per their policy, that’s called Bad Faith.  So what approach do they take?  They refuse to cooperate with a court order for months.  That’s real similar to what they are being sued for in the first place.  Shouldn’t that be evidence of their methods or motives?  I think so.

Allstate talks about the evils of fraud and how much it costs the public at large.  Well this decision to delay compliance with the court order added up to about $7M.  That amount makes you wonder just how bad those documents made them look as a company.

Strangely enough, it appears that Allstate is blaming an attorney handling the case for the delay.  I suspect that any court official would be happy to point out to Allstate that it’s not the attorney’s name on the suit, it’s their’s.  Therefore, they are charged with being aware of what’s going on in the case against them.

Allstate has now settled this case.   Allstate does not settle cases they can win.  Instead of spending millions on advertising, why doesn’t Allstate just drop the whole “Delay, Deny and Defend” philosophy they adopted in the 90’s?

Posted in Injury Law, Insurance Practices, Insurance Law | No Comments »

July 23, 2008 by Zale.

Simply put, Bad Faith is when an insurance company does not do what they promised to do.  Here’s an article that gives a good example of it.  One of the frustrating things about Bad Faith is that there are usually plenty of PEOPLE in these companies that want to do the right thing, but they get over run by the company’s greed for PROFITS.  Don’t get me wrong, I believe that insurers should make some profit.  But they shouldn’t cheat their policy holders to do it.

Posted in Insurance Practices, Insurance Law | No Comments »

July 18, 2008 by Zale.

My law office does not use Windows.  This was a business decision on my part.  The office uses Linux, specifically Ubuntu and Mandriva, to run it’s computers.  Linux is more secure than Windows or Macintosh and is much, much cheaper to operate.  For this, the office has gotten some attention.  Check out the article in at Linux.com about the office.

Posted in General Law | 1 Comment »

July 18, 2008 by Zale.

Here’s a few thoughts that might help you as you go before the judge.

• Dress nice.  Dress as if you were going to church or a funeral.
• Be courteous to the judge.  After all, he or she is the one deciding your case.   Also, I don’t care if you grew up with the judge or not, refer to him or her as “Your Honor”.
• Do not lean on the podium, just stand there, straight up.
• Do not argue with the judge.  It will only make things worse.
• Do not drink or take drugs before you come into court.  Do not drink so much the night before that you still smell of alcohol the next day, in court.
• If you have worked a plea deal out with the DA, do not try to renegotiate it while standing in front of the judge.
• If you tell the judge you are going to get an attorney, go get one.
• Be nice to the clerks and secretaries, often they are the eyes and ears of the judge.

These are just a few tips from the errors I see in court.  I’m sure there are many others out there, but just remember, you are going to court, not Wal-Mart.

Posted in Litigation, Criminal Law, Injury Law, General Law | No Comments »

July 17, 2008 by Zale.

So you have an injury claim and you’ve heard the adjuster mention the word “subrogation” but you don’t have a clue as to what they were talking about… right?

Simply put, subrogation is the act of one entity stepping into another entity’s shoes.  What?  That didn’t make it any plainer.  Sorry.  Let me try again.

If your insurance company pays $1,000 medical bill for you and you have the right to collect that amount from someone else (like the guy who rear ended you), then your insurance company is “subrogated” to that $1,000.  Your rights to collect that amount are transferred to your insurance company for that amount.  This is why when you go to the hospital for an automobile accident and give them your health insurance information, you usually receive a form from your health insurance company asking the details about to the accident.

Subrogation also goes by “subro” for short.  The whole world would probably be better off if this were known as “pay me back sucka” instead of subrogation, but until then, at least you know what the adjuster is talking about.

Posted in Injury Law, Insurance Law | No Comments »

July 17, 2008 by Zale.

Err.. what?  That’s right.  You just thought you could get busted for speeding, but it appears that you can get busted for slowing too.  In a recent Tennessee Supreme Court case, the court overturned a lower court’s ruling in which the court said:

We conclude, therefore, that a driver of a slow-moving automobile impedes traffic when his or her reduced speed interrupts the “normal and reasonable movement of traffic” by blocking or backing up traffic, unless the “reduced speed is necessary for safe operation or in compliance with the law.”

So, don’t pull a Cheech and Chong and be cruising around at 10 mph with your stash in the car.  If you do, the officer has probable cause to pull you over.

Posted in Criminal Law | No Comments »