Category Archives: Insurance

Do Not Be Fooled By Farmers Ads—Cheap Insurance Results In Denied Claims

Merlin Law Group has a new experienced California Insurance attorney, Victor Jacobellis, who is very busy fighting insurance companies like Farmers. Farmers has familiar advertisements showing cute situations where it pays claims. To be honest, it should also advertise and warn its customers how often it denies claims, how its polices are different than other…… Continue Reading ... To continue reading this legal news please click Read full information...

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The Devil in the Details: When Settlements with Co-Defendants Become “Other Insurance”

As the old adage goes, “the devil is in the details.” Insurance policy terms do not always apply in ways that policyholders expect. For this reason, it is imperative to understand how coverages, definitions and exclusions work together to avoid surprise gaps in coverage. The Fifth Circuit found a coverage gap in a recent case holding that settlement contributions from co-defendants met an excess policy’s broad definition of “Other Insurance,” preventing the policyholder from securing coverage for a significant part of its losses. Continue reading →.. To continue reading this legal news please click Read full information...

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Dewayne Johnson v. Monsanto Company Tax Surprise

April 13, 2018 – The “Tax Cuts and Jobs Act” presumably did not factor into a San Francisco jury’s decision last week to award Dewayne Johnson $289.2 million in his lawsuit against Monsanto Company, et al. His case is potentially affected by it nonetheless. In addition to $39.2 million in compensatory damages awarded to the former Benicia Unified School District groundskeeper who claimed years of exposure to the herbicide Roundup caused him to develop non-Hodgkin lymphoma, the jury tagged on $250 million in punitive damages against defendant Monsanto for failing to warn users about the dangers of their popular product. With more than 4,000 people waiting in the wings to have their similarly-styled lawsuits heard, the implications of this verdict are far reaching. Even though an appeal is anticipated, the significance of this bellwether case cannot be understated. Let’s assume for an unlikely moment the verdict is not appealed and no post-verdict….. To continue reading this legal news please click Read full information...

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Life Insurance And ERISA Ruling

Here is a case from the United States 7th Circuit that deals with life insurance when the policy is an Employee Retirement Income Security Act (ERISA) policy.  The case is styled, Emma Cehovic-Dixneuf v. Lisa Wong. Pursuant to 29 U.S.C., Section 1104(a)(1)(D), ERISA requires administrators of employee benefit plans to comply with documents that control the plans.  In the case of life insurance policies, that means death benefits are paid to the beneficiary designated in the policy, notwithstanding equitable arguments or claims that others might assert. In this case, the employee, Georges Cehovic, had two life insurance policies through his employer and the policies named his sister Emma as the sole and primary beneficiary.  When Georges died, his ex-wife, Wong, claimed that she and the child she had with Georges were entitled to the policy benefits. Continue reading.. To continue reading this legal news please click Read full information...

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Insurance And Subrogation Issues

The United States Southern District of Texas, Houston Division, issued an opinion on July 3, 2018, that is not usually relevant to most claims but in case a situation arises where it is relevant, it is good to know.  The opinion is styled, Zurich American Insurance Company a/s/o Precision Castparts Corp. v. Rajwant Kaur d/b/a Lifetime Cargo, et al. This case is before the Court on a Motion to Dismiss for Lack of Subject Matter Jurisdiction.  The motion was denied. Precision Castparts (PCC) manufactures structural castings and forged components and owned a Behringer HBM-540A automatic horizontal bandsaw machine used in its business. Continue reading.. To continue reading this legal news please click Read full information...

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