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Insurance Companies and "Bad Faith" Practices

Under US law, most insurance companies are bound to practice the covenant of ‘good faith’ and ‘fair dealing’ when it comes to dealing with people on a daily basis. There are circumstances where an insurer denies rights to consumers without giving a good reason. This is called a ‘bad faith.’ The unwritten rule also is that insurers should always look at the financial interests of the insured or its customers in the same manner as they look at their interests. There always are; however, a few cases when insurance companies, whether automobile, homeowners and general, routinely follow ‘bad faith practices,’ This can be classified as:

  • Delaying payment or failing to settle a case;
  • Unreasonably denying/delaying a payment;
  • Refusing to settle a claim or offering less than what is justified;
  • Offering untimely settlement of claims;
  • Gross misrepresentation of actual coverage in the contract;
  • Failure to initiate an investigation towards a claim; and
  • Inadequate or complete denial of defense and indemnification.

The number of ‘bad practice’ cases is on the rise through a breach of contract and unethical business practices. A fair judgment must be achieved against dishonest, unscrupulous, deceptive and fraudulent insurance companies. This can be done by awarding significantly higher punitive damages to deter similar conduct by insurers.

Negative exposure of financial institutions through derivatives

Cases of derivatives, such as collateralized debt obligations (CDO), credit default swaps (CDS) and other mortgage-backed securities (MBS), are increasing and a growing market, worth $39 trillion. It has received negative reviews after insurance giants, such as AIG, Bear Sterns, Lehman Brothers, Washington Mutual and others, reportedly collapsed due to a volatile debt market.

These derivatives are financial instrument that is an unregulated/ privately negotiated contract, used to offset risks by creditors. It allows creditors to insure themselves in a situation when a borrower might default. Although initiated for legitimate protection, manipulative practices in this default swap market should be curbed for greater market stability, more transparency in the credit market and to restore ‘good faith practices.’

Filing a case

When you come to know about a bad claim, the defendant and the plaintiff’s, documents and defenses will be presented in court. You will have to bring the entire claim, underwriting file and the company’s handbook that describes what was promised. The insurance company in return will seek answers regarding the claims and damages you are seeking. The process of filing a case can be emotionally stressful, while being also considered part of bad faith practices. If you have ever been affected by a bad faith practice by an insurance company, then legal action should be taken to protect your insurance rights.

 

Teenagers and Risks of Car Accidents

In America, teenagers constitute the highest risk category when it comes to road accidents. Teen drivers are four times more vulnerable to casualties than any other age group. The main reason for this is that teenagers tend to not follow the law; they are unskilled and inexperienced drivers and are inclined to behave recklessly. There are various other reasons for car accidents as well. Let us quickly look at some facts:

  • Every year over 5,000 teenagers between the age group of 16 to 20 die due to car accidents;
  • Teenagers comprising 10% of the American population and account for 12% of all fatal crashes;
  • The 16-19 year old drivers comprise the highest risk in terms of people involved in car accidents;
  • In the US, about $26 billion is spent every year on drivers involved in accidents, male and female, aged under 24 years;
  • Of all fatal teen car accidents in 2007, one third were due to speed related collisions and one quarter due to driving under the influence of alcohol and/or drugs;
  • Around 53% of all fatal accidents involving a teenager happened on a weekend (between 9 PM to 6 AM);and
  • In 2007, every 2 out of 3 teenagers killed in a motor vehicle crash was male.

Why do fatal crashes happen?

Car accidents cause tremendous loss of property and life, apart from having a huge emotional impact. Thoughtlessness, unsafe driving and negligence are the primary reasons for fatal accidents among teenagers. The most common reasons for crashes are:

  • Speeding - Teenagers tend to drive over the speed limit;
  • Lost control - These are high speed crashes where a driver has lost control over the vehicle;
  • Substance/alcohol abuse - In 2007, around 29% of males and 15% of females who were fatally injured had high blood alcohol concentration (BAC) levels;
  • Low vision - Driving at night is a high risk activity for a teenager. Night driving can be twice as risky as driving during the day;
  • Lack of safety measures - Two-thirds of the teenagers who died in 2007 did not wear seat belts;
  • Defective airbags - There are times when the advanced frontal air bags meant to safeguard a driver’s life fail to protect;
  • Faulty seat belts - There have been incidents reported where the seat belts did not buckle or latch properly;
  • Faulty brakes - There are times when brakes of the vehicle did not work for technical reasons or simply failed;
  • Cell phone usage and driving- Texting and/or using mobile phones while driving can be fatal;
  • Tire malfunction - Under-inflation of tires is the most common cause of accidents;

How can accidents be prevented?

Responsible driving is something that needs to be instilled among teenage drivers. This can only happen if the parents guide their children to follow traffic rules. Tougher laws, such as for drinking and driving, should be enforced strictly.

What to do in case affected?

Thousands of Americans are left with incapacitating injuries each year after traffic accidents; some of them need permanent rehabilitative therapies. One should contact an experience personal injury lawyer in case of an accident that has occurred due to negligence or someone else’s fault, in order to recover lost wages, medical expenses and other costs.

 

   

Toxic Mold is a Rising Health Crisis

Mold was identified as the cause of mysterious deaths in farm animals in Europe in the 1930’s. A lot has changed since them; however, a Dripping Springs family in Austin, Texas, won a $32 million lawsuit against Farmers Insurance Group for toxic mold.

Mold and health related risks are growing and they should not be taken lightly. According to the Federal Emergency Management Agency (FEMA), mold and mildew develop quickly – in about 24-48 hours of water exposure.

Molds: What is it?

Mold is mostly harmless microscopic organisms/fungi that grow in damp environments. They are omnipresent and can be found in the soil, air, homes, workplaces, and basically any place that has moisture and some organic matter. The common indoor molds are Cladosporium, Alternaria, Aspergillus and Penicillium verrucosum. The two household molds, Stachybotrys and Memnoniella, are toxic and pose serious health risks to humans.

Modern Buildings are Susceptible to Mold

TYoxMol

Sick or fungi infested buildings are the major cause of fungal illnesses, mainly mycotoxicosis. Construction materials and techniques used in residential zones, retail/commercial stores, offices, factories and schools have undergone a change over the years in America. There is extensive usage of paper/cellulose based building materials, such as insulation, drywall, fiberboard, wallpaper and ceiling tiles. As a result, mold now has the perfect environment to grow and thrive when these materials become wet or even moist. Toxic molds created a pandemic when the south was hit by Hurricanes Katrina and Rita.

The “Toxic Mold Safety and Protection Act” addresses a few things, such as:

  • Scientific examination of molds and its after effects, and educating the public regarding this.
  • Provisions made for routine mold inspections for multi-unit residential properties and public housing.
  • Indoor mold hazard assistance and certain grants for the removal of mold from public buildings.
  • Tax credits for remediation and/or inspection of toxic mold.
  • Introduction of the national toxic mold insurance program with the help of the Federal Emergency Management Agency (FEMA). This program aims to protect humans against catastrophic losses caused by toxic mold.
  • Health care provisions, such as Medicaid, for mold victims.

Health hazards caused by Mold

If exposed to hazardous molds, such as Stachybotrys or Chaetomium, a person can experience headaches, respiratory problems and also suffer from:

  • Chronic bronchitis
  • Learning disabilities
  • Mental retardation
  • Cancer
  • Heart related problems
  • Multiple sclerosis
  • Fibromyalgia
  • Lupus
  • Lungs bleeding
  • Multiple sensitivity towards chemicals
  • Rheumatoid arthritis
  • Chronic fatigue
  • Skin rashes
  • Loss of memory and/or brain damage (under extreme circumstances)
  • Lung disease
  • Infant death
  • Mood swings
  • Tremors
  • Anxiety

Is Your Home Safe?

In a situation where a family member is affected by toxic mold, you have a legal right to file a claim against:

  • Your landlord
  • People who sold you a mold infected house and did not disclose
  • Contractors who built your house
  • Homeowner’s insurance companies
  • Suppliers who provided defective/infected materials

You also have the legal right to cover the costs of:

  • Repair
  • Emotional distress
  • Medical expenses
  • Replacement/repair of ruined household items
  • Inspection charges

Mold is increasingly becoming a threat to us in the environment and the type of houses we live in. You need to contact an experienced and reliable lawyer in case you are affected by toxic mold to represent your case.

   

ATV Crashes and Faulty Designs

Sports can be dangerous; especially with an all terrain vehicle, popularly called an ATV. It is an extremely popular activity among children. An area of concern has been the increasing number of deaths related to ATVs in the US. The annual report of the USCPC – United States Consumer Product Safety Commission reveals that the total number of casualties due to ATV crashes totaled 542 in 2007. These crashes cost Americans a total of $6.5 billion in medical and legal fields every year. The rising figures have alarmed consumer groups, environmentalists, child safety advocates as well as medical professionals.

The American Academy of Orthopedic surgeons collectively believe that that the use of ATV poses a major threat to public safety as the ATV industry fails to upgrade safety measures.

Why ATVs are dangerous

Recent reports have proved that certain ATVs have design flaws. Such flaws can endanger a rider, leading to serious accidents and subsequently death, in some cases.

Other reasons that make ATVs dangerous are:

  • It has high a center of gravity
  • Lack of suspension impacts the vehicle
  • It has little or no rear wheel differential
  • It is unstable at high speed
  • Widespread ATV misuse (high speed, riding in low lighting conditions without proper safety measures, lack of expertise in driving)
  • Driving under influence of alcohol and/or drugs
  • Driving in unsuitable places like roads, streets and/or highways

Further, daring riders tend to incline too much and ultimately rollover with the vehicle leading to fatal circumstances.

Are Advertisements Misleading?

An average ATV will not be able to move in steep inclines, but sometimes their marketing material says so. The vehicle is specially designed to a limited zone, usage and circumstances. Lack of sincerity is seen with ATV manufacturers; their enticing TV ad campaigns show a glamorous and daring side of ATV products, making it popular among teenagers and young men. The makers make a deliberate attempt to underplay risks and hazards associated with ATV driving. The ATVs are designed for flat surfaces only with an exception of mild incline.

Precautionary steps

An ATV rider should undergo special training for correct usage of this vehicle. One should check designs of the ATVs and avoid ill famed vehicles like the Yamaha Rhino ATV. Other precautions include:

  • Protective clothing
  • Special training and rider education
  • Understand usage of ATV

Seek legal help

Many states in the US report ATV crashes to law enforcement divisions within a certain time period. You have a legal right to claim money and file lawsuits against those who deliberately cause or are responsible for acts of recklessness and negligence. Even an adult failing to supervise correct usage of ATV can be held responsible in case of an accident. To claim injury benefits, consult an experienced attorney right away.

   

Bayer Pharmaceuticals Faces Lawsuits: Eyebrows Raised over Oral Contraceptives

Pharmaceutical companies have always been the center of personal law injury controversies and this time it is Bayer. Bayer HealthCare Pharmaceuticals faces federal lawsuits filed in Ohio and Wisconsin for its compounds drospirenone and ethinyl estradiol. The company has allegedly failed to disclose the complications arising from the use of its birth control pills Yaz and Yasmin. Four lawsuits were filed after Bayer came to an agreement with the Food and Drug Administration (FDA) in 2008, allowing it to run a $20 million television ad campaign underplaying the risks. The plaintiffs claim that they suffered side effects including deep vein thrombosis, pulmonary embolism and stroke as a result of taking Yaz or Yasmin pills.

Failure-to-warn

Pharmaceutical manufacturers are legally responsible to disclose details of possible side effects to consumers, either directly or by passing relevant information to physicians. They are required by law to continue to take steps to determine side effects and communicate the same to consumers as long as a product is in the market. Failure-to-warn is among the several types of claims and lawsuits filed against pharmaceutical companies.

More lawsuits to be filed

Janet G. Abaray, the attorney representing the plaintiffs, said that more suits will be filed in forthcoming months. “That's going to be important evidence – over-promotion and downplaying the risks,” she said. “We have many cases. It's just a matter of getting all of the medical records.”

Defective product injury and help

A drug manufacturer is considered an expert in its area and is, therefore, held liable for providing information regarding known dangers and/or side effects to consumers. Someone who has been taking prescribed drugs and has suffered side effects has the right to file a lawsuit and claim compensation. In fact, you are entitled to claims even if you have not experienced side effects, but have used the drugs. Inadequate warning, or failure to warn, falls under the broad category of product liability injuries. However, these are complex claims, since most pharmaceutical companies are giants. Establishing liability requires thorough investigation and organized filing of claims. This makes it critical to consult a good personal injury lawyer to evaluate your position and file a claim against a defective product.

   

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Testimonials

  • “Solomon is not just an incredible lawyer, but an all-around great guy. I've had the chance to help him with some marketing, but it doesn't matter how many headlines you get in the paper and interviews you get on TV if you aren't running your business with honor and integrity. He's the real deal. Give him one percent of your confidence. He'll earn the rest!”

    - Jeff Crilley
  • "Solomon is a detailed and energetic personal injury attorney who puts in long hours at night and on weekends to get the case right. He is always prompt about sending complete medical records and all information I request. Solomon knows that using experts who provide an honest opinion of merit is always in the best interest of his clients. It has been a pleasure working with Solomon Neuhardt and I look forward to serving more of his clients."

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