This is a Property CAT loss involving Superstorm Sandy. On 06/26/15 we received a payment request in the amount of $454,463.08, taking into account reinstatement premium of $87,501.36 & brokerage fee of $4,375.07 net pay due is $371,336.79. The Pay Timeliness Form has been tasked to K.Haniff.
In week three we were provided with two scenarios and were asked to analyze the tort actions found in both. The first scenario involves fans and participants at a football game; including a father and son, and angry fan, stadium workers, and other spectators. Actions that transpire include the spilling of beer on one fan by another, a shove of one fan of anther, a fall, injury, yelling, and repercussions of the stated actions.
Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby, ACE Sports, the nurse, the surgeon and City General. (Avoid simply restating the facts/scenario. Incorporate them into your discussion.)
All Claims Repairs provided mitigation work and we understand they are billing you direct as stated previously. All Claims Repairs cleared the line and performed mitigation work which my understanding is they are billing you direct for those services. We have not allowed for items that mitigation contractor removed and have only allowed for replacement and finishing of those items.
The movie a Civil Action covers the Woburn Case which was Anne Anderson and other small families who decided to sue the companies Beatrice Foods and W.R. Grace. The reason for Anderson and the other families to decide to sue was because they believe the companies dumping of poisonous chemicals was the reason to their children’s leukemia deaths. However, when they reached out to Jan Schlichtmann to handle their case he was not the most positive on wanting to help them, “Ms. Anderson, our firm is very small, three attorneys that's it, which means we can only take on so many cases at once and we have to be very careful on the ones we do take because we can't afford to lose, our clients pay nothing, we pay everything, and the only we get paid back
The Woburn case is an example of a complex tort case. A tort case involves any personal injury someone sustains due to the negligence of someone else. The plaintiff is taxed to prove three features: the defendant must have a duty of care for the plaintiff, the defendant breached this duty of care, and general causation. Without general causation, the defendant could have a duty of care and breached this duty of care, but there would not be a tort case only with the association between the defendant’s behavior and the personal injury sustained by the plaintiff.
Art and Bill were leaving work one afternoon when they were approached by Charlie, who was
This proceeding before a Medical Review Panel, pursuant to La. Rev. Stat. §§ 40:1299.41, et seq., is brought by Jimmy Martinez against multiple health care providers, including Dr. Mark Kappelman, a qualified health care provider entitled to have the claim filed against him reviewed by this Panel. The claims made against Dr. Kappelman are mere allegations without support and proof. In a medical malpractice case the burden of proof is on the claimant to establish that Dr. Mark Kappelman’s actions in this matter fell below the standard of care required of similar health care providers. The claimant also bears the burden of proving whether any such alleged act or acts of negligence caused any injuries. It is the duty of the
She denied having any difficulty with activities of daily living and did not have any problems with memory, concentration, understanding and following directions, completing tasks, or getting along with people. She did not help with house chores. She stated that did not sleep well, took her medication, watched television, played videogames, and “do nothing at home.”
Anna may file all of the items stated above for several obvious reasons. In the manner of infliction of emotional distress Anna has suffered severe injury to herself in an unexpected environment as well as having to deal with her leg being amputated for the rest of her life. In the manner of negligence, the restaurant was negligent in not ensuring that her meal was free of foreign objects. In the manner of duty of care, the surgeon operating on her negligently did not review her file correctly and confused her for another patient which led him to amputate her leg. This also leads to actual cause in which there was the actual cause of negligence in the manner of operating on Anna. Anna will also be able to file for Res Ipsa Loquitur because it is the
The question in this case is whether Wilhelm acted negligently by failing to warn Flores of the dangers of working with beehives. The case is as such, Curtis Wilhelm owner of beehives and maintained them on property that he owned. John Black, an operator of a honey business, purchased some beehives from Wilhelm. Black employed Santos Flores Sr. to pick up the purchase of beehives from Wilhelm. Neither Black nor Wilhelm informed Flores of the dangers of working around bees. Black provided Flores with a protective suit to wear around the beehives. (Cheeseman, 2013)
If you were injured because of someone else’s negligence, chances are that you are going to file a personal injury lawsuit against them. This will help pay for all of your medical bills, lost wages, as well as pain and suffering. The responsible party will be trying to find a way to get out of paying up for the damages, and may resort to some new methods to do so. One of which is going through your social media accounts to prove that your injuries are not serious. Here are some tips for how you should use social media when injured.
exposure. All municipal activities should be evaluated and facilities inspected. Court decisions and legislation that affect municipalities must be reviewed. Insurance and risk management publications should be studied for the latest information on loss avoidance. Attending courses on risk management may prove beneficial.The importance of the human element cannot be overemphasized when identifying risks. Asking employees and supervisors for their input because they are in the best position to identify risks. It is important to communicate with people in other municipalities who are involved in risk management that might have faced and solved a similar problem in the past.Obviously, a great amount of guesswork is involved in risk identification, and some potential losses may be overlooked. However, by making a conscientious effort, the most common losses can be reduced or perhaps totally avoided (Marcus, 1986).
I spoke with David Architectural’s attorney and she is going to ask Judge Brennen for an additional thirty days to decide how to proceed on the fourth-party complaint against SCB and Arkema. The reason being she received roughly 70,000 project documents from Power and the plaintiff in the last two weeks and has not been able to get through them all. I asked what she is looking for and she said her consultant believes the undercoating was not applied to the railings. As a result, she is looking to determine if SCB directed that the undercoating did not need to be applied. I responded, “Even if we did, which I doubt, so what? You still would not have a negligence claim because of the Economic Loss Doctrine.” In response, she stated that she is looking to see if there was something that brings the claim within the exceptions. I told her the facts of the claim do not fall within the recognized
Can you elect to recover your damages from the resort only, even though Tex and Rex were primarily responsible for your injuries?