News
[09/03]
Police: Pa. woman zaps self, brother with stun gun
[09/02]
For 2nd time, Ohio woman gives birth in vehicle
[09/01]
NYC man plunges 40 stories, lands on car, survives
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Articles
Uninsured Motorist Coverage
Uninsured (or underinsured) motorist coverage is insurance provided to cover an individual who has been involved in an accident with someone that either has no insurance or does not have adequate insurance to pay for the full amount of damages suffered. Jurisdictions often require that uninsured coverage be provided as a part of all motor vehicle insurance policies.
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What can I do If I've Been Injured on a Cruise Ship?
Two types of people may be injured while aboard a cruise ship, paying passengers or crewmembers (staff of the cruise ship). Both types of injured persons may have different legal claims. The claims depend on the injuries sustained, the persons who may be liable for the injuries and the law applicable to the claims. Some examples of possible claims are negligence, medical negligence or assault. Generally, the ship owners will be liable for any injuries of passengers or crewmembers, since the owners have a duty to provide a safe environment and protect persons aboard their ship from known (or foreseeable) dangers.
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Case Summaries
[09/01]
Fisher v. Wal-Mart Stores, Inc. In an action against Wal-Mart Stores, Inc. and two Missouri police officers following an incident involving counterfeit money orders at a Raymore Wal-Mart store, summary judgment for defendants is affirmed where: 1) given these undisputed facts, probable cause supported plaintiff's warrantless arrest; 2) attorney's fees were proper because plaintiff's continued prosecution of her false arrest claim against the officers in the face of the evidence upon discovery was unquestionably groundless and unreasonable; and 3) the record reflected no evidence of racial animus or hostility toward plaintiff.
[09/01]
Sprinkles v. Associated Indem. Corp. In plaintiffs' bad faith action against Fireman's Fund Insurance Company, arising from an underlying suit against defendant and his employer for causing the death of plaintiffs' father in an automobile accident, trial court's judgment sustaining the insurer's demurrer is affirmed as, under the complaint and matters judicially noticed, the defendant-employee was an insured, rendering the automobile exclusion in the GCL policy applicable, and Fireman's Fund had no duty to defend the employer.
[08/31]
Mader v. US In an action against the U.S. under the Federal Tort Claims Act, alleging the Department of Veterans Affairs acted negligently in providing medical treatment to plaintiff's husband, dismissal of the action for lack of subject matter jurisdiction is reversed where a plaintiff meets the Act's jurisdictional prerequisites when she provides the relevant agency with: 1) sufficient information for the agency to investigate the claims; and 2) the amount of damages sought.
[08/30]
Luo v. Mikel In an action alleging serious injury sustained during an automobile accident within the meaning of New York Insurance Law section 5102(d), summary judgment for defendants is affirmed in part where the district court's exercise of jurisdiction was proper. However, the order is vacated in part where, taken together with plaintiff's subjective evidence as to the impact of the injury on her functioning, plaintiff's medical evidence was sufficient to raise a question of fact issue as to serious injury pursuant to N.Y. Ins. Law section 5104(a).
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