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Personal Injury
- New York state man recovers $200K for fingers lost to lawn mower
- Eight Powerful Reasons to Hire a Local Attorney
- Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue
- Wal-Mart Limits Subrogation Rights Against Workers
- Pennsylvania Worker recovers for fall from ladder bought at Home Depot
Premises Liability: The Slip and Fall
- NYC to pay $2.75M for softball accident in school gym class
- New case law on slilp and fall on icey sidewalks owned by a City
- Worker who lost leg in construction accident receives $13M
- Boy blinded in ATV rollover gets $6M settlement
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
Workers' Compensation
- New York Times article on biased "Independant" Medical Examiners
- No Work Jobs
- Prison Guard receives settlement in MRSA case
- New blog post at the Pa Injury Law blog about the effect Bush had on OSHA
- New post on the Pa Work Injury Law Blog about what to do when you're laid off
Vehicle and Automobile Accidents
- Pennsylvania Car Accident Plaintiff's award of $400,000 Upheld On Appeal
- An unsafe intersection in Athens Township?
- Pennsylvania Superior Court Case Quashing Underinsured Motorist Carrier Appeal
- Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time
- People injured in Springfield Township, Bradford County automobile crash
General
- Insurance company denials of benefits in Pennsylvania and New York
- CALL YOUR MEMBER OF CONGRESS AND URGE SUPPORT FOR THE ARBITRATION FAIRNESS ACT OF 2009
- Another ATV Death
- Bradford County, Pennsylvania has a new website
- No conflict of interest between Bradford County, Pennsylvania's new Judge and new District Attorney, despite them cousins
Legal News
Judge campaign candidates speak at dinner in Towanda
Judge Beirne unopposed in local race
Attorney General Tom Corbett to visit Bradford County
Beirne will run for full term as judge
Bradford County Employers Laying Off Workers
Death Benefits Not Mandatory for PA Car Insurance
Bradford County: Judge Beirne presiding
Pennsylvania Senate confirms Beirne as Bradford County judge
Legal Library
Personal Injury
- Questions for Your Doctor In Personal Injury Cases
- Traumatic Brain Injury: By The [Staggering] Numbers
- What is an Independent Medical Examination?
- Common Questions About the Legal Process
- The Wrongful Death Of A Child - Part Two
Premises Liability: The Slip and Fall
- Cracked, Broken or Irregular Sidewalks Causing a Fall
- Dog Bites
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- New Pennsylvania Superior Court Case on Dog Attack
- Lead Poisoning Threatens Pregnant Women
Workers' Compensation
- New York Times article on Independent Medical Exams
- Response to Time Magazine Article: "Doctor's View: Can Health Coverage Cause Pain?"
- Specific Loss Benefits
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases
- Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
Vehicle and Automobile Accidents
- Reducing The Impact of A Whiplash Injury
- Car Accident Injuries: Neck Pain
- Multi-Truck Accident in Susquehanna County Results in Hospitalization
- Repeat Offender Facing DUI Charges After Accident Lands Passenger in Hospital
- Driver Strikes Mother and Daughter in School Crossing Zone
Newsletters
General
Personal Injury
I call insurance company rules!
This is why you need a lawyer....insurance companies get to change the rules all the time.
Labels: insurance
Vehicle and Automobile Accidents
District Court Holds that "Listed driver" Is Entitled to UIM Coverage
On September 10, 2008, in Horace Mann Insurance Company v. Alben, the District Court for the Western District of Pennsylvania (Schwab, J.) held that the "reasonable expectations of the insured" estops an insurance company from denying underinsured motorist (UIM) benefits to a person who is a "listed driver" on another person's (girlfriends) policy.
Robert Alben (Alben) was injured in an accident which occurred in Ohio. He was driving his employer's vehicle and then sought UIM coverage on his girlfriend's personal policy with Horace Mann because he was a "listed driver".
The Court initially holds that under the terms of the policy the "listed driver" is not automatically considered an "insured" or "covered person" to allow UIM coverage. However, then the court addresses the reasonable expectations of the insured and the recent statement of the Third Circuit standard in West v. Lincoln Ben. Life. Ins., 509 F.3d 160 (3d. cir. 2007) which offered a "synthesized standard [as] the truest statement of of Pennsylvania law" regarding the doctrine of reasonable expectations.
Applying the standard the Court notes that the insurer must demonstrate by clear and convincing evidence that the insured did not have a reasonable expectation of coverage. Based upon this standard and the facts of the case, particularly the fact that everyone involved testified that they all thought that by adding Alben to the policy as a listed driver he would be fully covered, the Court finds that the "listed driver" who was injured in his employers vehicle at the time of the accident is entitled to UIM coverage on his girlfriend's personal policy.
Thanks to Scott Cooper, Esquire for this information.
Robert Alben (Alben) was injured in an accident which occurred in Ohio. He was driving his employer's vehicle and then sought UIM coverage on his girlfriend's personal policy with Horace Mann because he was a "listed driver".
The Court initially holds that under the terms of the policy the "listed driver" is not automatically considered an "insured" or "covered person" to allow UIM coverage. However, then the court addresses the reasonable expectations of the insured and the recent statement of the Third Circuit standard in West v. Lincoln Ben. Life. Ins., 509 F.3d 160 (3d. cir. 2007) which offered a "synthesized standard [as] the truest statement of of Pennsylvania law" regarding the doctrine of reasonable expectations.
Applying the standard the Court notes that the insurer must demonstrate by clear and convincing evidence that the insured did not have a reasonable expectation of coverage. Based upon this standard and the facts of the case, particularly the fact that everyone involved testified that they all thought that by adding Alben to the policy as a listed driver he would be fully covered, the Court finds that the "listed driver" who was injured in his employers vehicle at the time of the accident is entitled to UIM coverage on his girlfriend's personal policy.
Thanks to Scott Cooper, Esquire for this information.
General
Insurance company denials of benefits in Pennsylvania and New York
I just read this article from McClatchy on "How Insurers secretly blacklist millions with common ailments." When you read this article, you'll realize why we need universal health care in the United States of America.Trying to buy health insurance on your own and have gallstones? You'll automatically be denied coverage. Rheumatoid arthritis? Automatic denial. Severe acne? Probably denied. Do you take metformin, a popular drug for diabetes? Denied. Use the anti-clotting drug Plavix or Seroquel, prescribed for anti-psychotic or sleep problems? Forget about it. What's more, you can discover that if you lie to an insurer about your medical history and drug use, you will be rejected because data-mining companies sell information to insurers about your health, including detailed usage of prescription drugs.
Labels: health care costs insurance
Health "Insurance Jive": Do you speak insurance?
This YouTube video is funny....and sad...all at the same time.
Do you "speak insurance"? We do.
Labels: insurance
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FAQs
Personal Injury
- How long is all this going to take?
- The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?
- The insurance company says that I don’t need a lawyer to settle this. What do you think?
- What is my case worth?
- What factors determine who is at fault in a car accident?
Workers' Compensation
- What happens if I return to a modified duty job and then I am laid off?
- If I am unable to return to the type of work I did before I was injured, what happens?
- If I am injured on the job can I choose the doctor who treats me?
- Should an injured worker apply for unemployment benefits?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
General
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