News
[02/08]
Marshals seek deadly Conn. gas plant blast's cause
[02/08]
Mom mourns young family killed in RI blaze
[02/08]
Body found in landing gear of NY-to-Tokyo flight
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Articles
Toxic Torts
The area of toxic tort law has been developing in recent years. This area of law covers many types of injuries, such as injuries due to tobacco use, lead poisoning, polluted water, contaminated structures or building materials, radiation poisoning, pesticides, injury due to defective drugs or injuries from medical devices, to name a few. These injuries are caused by various sources, from defective medications to contamination or pollution. Although the circumstances surrounding each toxic tort case may be vastly different, the legal aspects of toxic tort claims are similar: The injury must have been caused by hazardous substance and the individual or individuals who were injured must have made contact with that substance.
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How do Insurers Determine What a Car is Worth?
Insurers keep proprietary databases on car prices, similar to the Blue Book or the National Auto Dealers Association (NADA) Official Used Car Guide. The insurer's valuation of your car is mostly based on its age. So, for example, your car might be totaled if it's thirteen years old and receives only minor damage, and it might not be if it's a brand new Porsche that has been in a devastating collision. If your automobile is “totaled,” that means that it would cost more to fix your car then the car is worth. Most auto insurance contracts contain a provision that states if your car is damaged in an accident, your insurer does not have to pay you more than your vehicle is worth. So if your car is “totaled out” by your insurance company, what you will receive is a check for the value of the car. Unfortunately, this is usually not enough to replace your car or to fix the damage to your car. Additionally, if you get back your car and use the money to fix it, insurers may refuse to provide more than basic liability coverage on your vehicle since it has been deemed a total loss.
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Case Summaries
[12/11]
Whirlpool Corp. v. Camacho
In a products liability action against Whirlpool Corporation, judgment of the court of appeals' that a design defect in an electric Whirlpool clothes dryer caused a fatal fire is reversed as the expert testimony of design defect is legally insufficient to support the verdict.
[12/11]
Metro Allied Ins. Agency, Inc. v. Lin
In plaintiff's action against an insurance company for negligence and a violation of the Deceptive Trade Practices Act (DTPA) for failure to procure a commercial general liability (CGL) policy, the judgment of the court of appeals in favor of the plaintiff is reversed and remanded is the causation standard for a claimed failure to procure insurance under a negligence theory and under the DTPA requires proof of the availability of some insurance that would have covered the plaintiff's damages.
[12/11]
D.R. Horton-Texas, Ltd. v. Markel Int'l Ins. Co., Ltd.
In an action brought by a general contractor seeking a defense and coverage from the commercial general liability insurer for alleged construction defects, judgment of the court of appeals is affirmed in part and reversed in part and remanded where: 1) the duty to indemnify is not dependent on the duty to defend and an insurer may have a duty to indemnify its insured even if the duty to defend never arises; and 2) in determining coverage, a matter dependent on the facts and circumstances of the alleged injury-causing event, parties may introduce evidence during coverage litigation to establish or refute the duty to indemnify.
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Hollis, Wright & Harrington, P.C., Attorneys at Law, located in Birmingham, Alabama, represent clients throughout Huntsville, Montgomery, Tuscaloosa, Florence, Gadsden, Mobile, Dothan, Auburn, Jefferson County, Madison County, Montgomery County, Tuscaloosa County, Shelby County, Talladega County, and surrounding communities, as well as in Mississippi, Georgia and Florida.
Hollis, Wright & Harrington, P.C., Attorneys at Law
Suite 1500 Financial Center
505 North 20th Street
Birmingham, Alabama 35203
Telephone: 205-588-2865
Facsimile: 205-324-3636
Toll-Free: 888-496-2271
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