Who Is Entitled To Recover Insurance Proceeds

Insurance attorneys always have to answer the above question when looking at an insurance policy case.  This issue is discussed in the 1972 case from the Texarkana Court of Appeals styled, Doss v. Roberts. This suit involves the division of monies received from the sale of land found not to be subject to partition in kind.  Roberts brought suit to partition 22 acres of land jointly owned with James B. Doss.  The jury found that the land was not subject to partition in kind, and the court ordered the land sold and monies divided.  The parties each owned an undivided one-half interest in the property.  The land was subject to a V.A. loan and lien.  Doss purchased insurance on his interest in the dwelling located on the land in the amount of $10,000.00 and named the V.A. as loss payee.  The improvements were destroyed.  Doss paid the remaining balance due the V.A. in the sum of $8,964.87, and thereafter collected the insurance proceeds of….. To continue reading this legal news please click Read full information...

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Seafarers Use Tech to Fight Vibrio

Vibrio is a serious, often lethal bacteria. Naturally making its home in coastal and brackish waters where salt and river water mix, it can be an utter killjoy to beach-goers, fishermen, and seafood lovers trying to enjoy a summer meal. But just because the bacteria is dangerous and often deadly doesn’t mean people aren’t making attempts to battle it! A Miami, Florida-area company just recently spent over $4.6 million in order to buy a high pressure processing machine designed to kill pathogens in its fresh, non-pasteurized crab meats. Literally, to fight vibrio. Some Information on Vibrio There are many different types of vibrio bacteria that are able to cause infection, and many of these infections that they cause have the potential to kill. However, vibriosis is most often caused by vibrio parahaemolyticus, vibrio vulnificus, and vibrio alginolyticus. Vibrio are present in much higher concentrations during the warmer months between May and October because vibrio….. To continue reading this legal news please click Read full information...

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Parent Violated Arizona Order of Protection with Domestic Violence By Video Chat

In 2015, the Arizona court entered an order of protection preventing contact and threats or acts of domestic violence by defendant-parent against the custodial parent. Before that order expired, the victim petitioned for a 2016 ex parte order of protection. Upon hearing the petition, defendant was found to have violated the 2015 order by act of domestic violence in contacting the victim via online chat session. This violation formed the basis of the 2016 protective order. Affirmed on appeal. Parent violated Arizona order of protection with domestic violence by video chat Arpita Shah v. Purvin Vakharwala (Ariz. Ct. App. January 11, 2018) In 2015, the parties were divorced in the State of Georgia. As the father, Vakharwala was awarded parenting time with their minor child. Later that year, Shah relocated to Arizona with her son. In November 2015, she obtained an Arizona order of protection against her former spouse who had remained in Georgia. The protective order prohibited….. To continue reading this legal news please click Read full information...

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Atlanta Paper Exposes Widespread Violation of Federal Law by Private Investigators and the Lawyers That Enable Them

Great work by the Atlanta Journal Constitution on an issue that’s bugged me for years: the brazen violation of federal law by investigators and the lawyers who hire them. At issue is the Gramm Leach Bliley Act, meant to protect the confidentiality of banking records. You are not allowed to pretend to be someone else in order to trick the bank into handing over account information, and with a few narrow exceptions, you need a court order before a bank should be handing over a third-party’s banking records. Yet, all over the internet there are licensed investigators who claim it’s all legal. Lawyers who should know better rely on these people and get away with having their agents commit crimes. We turn away several people a month (including attorneys) who want pre-judgment banking records, and we’re both confident and saddened that these people will get what they are looking for with just a few more phone calls. We’ve written about this issue on our….. To continue reading this legal news please click Read full information...

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Title Services and Closings

Title services and closings are critical during the process of a purchasing real estate. Each real estate property has a track history of transactions of sales and purchases of that property. There are many times when a piece of property includes prior history or lack of history that negatively affects the value of the property. What is a title examination? A title search begins with an examination of all public records that relate to the property. The title examiner searches to find any records that “cloud” the title. This means that they search for records that negatively affect the value of the property. For example, a mortgage lender may have a lien on the property, the local government may have a lien for unpaid taxes on the property, or code enforcement violations may have resulted on a lien on the property. These are common examples of defects on the property’s title that reduce the value of the land. The role of Title Insurance Once a title examination….. To continue reading this legal news please click Read full information...

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