Category Archives: Insurance

Massachusetts Appellate Court Upholds Award of Benefits to Nurse in Back Injury Claim

Workers’ compensation cases involve many different steps and determinations, including an analysis of whether you have reached maximum medical improvement and whether you are able to pursue meaningful work in another position either in the same field or another field. As dedicated Boston work accident lawyers, we have handled many claims on behalf of injured workers and helped them to secure the outcomes that they deserve. In a recent case, the injured worker was a nurse who provided direct patient care. She suffered an injury to her lower back in 2016 when she was adjusting a patient, resulting in immediate lower back pain that radiated to her right leg. She went to the emergency room at the end of her shift. Ultimately, she did not reach a point of recovery that allowed her to return to her regular job duties, but she did return to work in a clerical capacity with reduced hours. This still caused her to experience pain, however, and required her to take more time from….. To continue reading this legal news please click Read full information...

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Insurance Adjuster – Residency

When a claim is denied and the insured has to file a lawsuit against the insurance company, most insurance lawyers prefer to litigate cases in the State or County courts while insurance companies prefer to litigate the cases in Federal Court. When the insurance company is sued in State Court, the attorney for the insured will also sue the adjuster in an effort to beat the required “diversity jurisdiction” of the Federal Court which is found at 28 U.S.C., Section 1332(a). This issue was the topic in the 2019, Western District of Texas, Austin Division, opinion styled, Susan Swire and Philip Swire v. Alyssa Kempf f/k/a Alyssa Hodge and Geico County Mutual Insurance Company.  The case was filed in State Court and then removed to Federal Court based on diversity jurisdiction.  The Swire’s argued that Kempf is in fact a Texas citizen and therefore, removal is improper. Continue reading.. To continue reading this legal news please click Read full information...

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ERISA Insurance And Administrative Review

Lawyers who handle ERISA cases always have to explain to their clients that in ERISA cases, the administrative process has to be completed before a lawsuit can be filed.  This is illustrated in this 2019 opinion from the Southern District of Texas, Houston Division case styled, Lisa K. Bunner v. Dearborn National Life Insurance Company, et. al. This case arises out of denial of long-term disability benefits to Lisa contained in her employee welfare benefit plan.  This case is governed by the Employee Retirement Income Security Act of 1974 (ERISA). The details of this case can be read in the opinion.  What is relevant here is the Court stating / emphasizing the requirement that the administrative process be exhausted prior to filing a lawsuit. Continue reading.. To continue reading this legal news please click Read full information...

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Update: Subprime Impact on Professional Liability

Subprime and related credit market losses will impact both the professional liability (E&O) and the directors & officers (D&O ) insurance lines, and underwriters will respond (and some have already) with all the normal moves following catastrophic losses: tighter underwriting, reduced coverage, and higher pricing. For example, some underwriters of mortgage brokers professional liability insurance have already exited from this line. The real question is whether the underwriting responses will be contained to those entities suffering the losses or will….. To continue reading this legal news please click Read full information...

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Understanding Homeowners’ Insurance in Florida

Floridians are well aware of the importance of homeowners’ insurance.  Planning ahead for the possibility of hurricanes, windstorms, sinkholes and other disasters, as well as individual losses such as home invasions or fires, can bring peace of mind and help minimize the disruption to your personal and professional lives. As Miami property insurance lawyers, we are experienced in assisting homeowners in maximizing their recovery following a loss.  The first step to a successful outcome for your claim is understanding what is covered under your policy and how the claims process works. What Does My Policy Cover? Generally, a homeowners’ insurance policy provides coverage against specific perils or events that cause damage to the property (such as fire, windstorm, theft) or the following: Structure (the dwelling itself) Other structures (such as sheds and fences) Personal property (the contents of the structures) Loss of use (also known as “Additional….. To continue reading this legal news please click Read full information...

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