Running for coverage: hearing 'no' for an answer does not have to be the final word when an insurance company denies a client's claim
Article Abstract:
Insurance adjusters try to save their companies' money and so will deny claims if they can find a reason. However, a denial is not necessarily final if an attorney can find a way to present the claim in a different light. One common cause of denial is a failure to notify within the specified time period and this can be fought if it can be established that the evidence is still available. Causation is another major issue because if one cause is not covered, another might be, such as for fires. Policy cancellations or rate hikes can be fought depending on what the company filed with the state.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Partner in name only: Supreme Court refuses to review decision that helps define "employee" for Title VII purposes
Article Abstract:
The 6th Circuit's ruling in the 1996 Simpson employment discrimination case, which held a lower-level accounting firm partner could sue its former employer for discrimination, appears applicable to law firms. Many professional firms grant the title of partner to employees without providing them a role in management. While some law firms may have to restructure to avoid employment litigation, partners in many law firms are sufficiently involved in partnership governance to allow courts to distinguish such arrangements from the facts in the Simpson case.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
OK, your move ... workers and bosses get caught up in chess game of bias charges, retaliation, EEOC complaints
Article Abstract:
Retaliation claims are the fastest-growing of the employment discrimination complaints, and the increase in such complaints shows that employees are more aware of their legal rights. Plaintiffs pleading a retaliation claims must show they engaged in a protected activity under the anti-discrimination laws and subsequently suffered an adverse employment decision. The strongest cases have a short time between the employee's complaint and the adverse employment decision.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Who's in charge? No easy answers in representing the mentally incompetent client. Workers' comp practices shrink; in some states, reform means fewer cases for attorneys
- Abstracts: Research tools for today: new online technologies have transformed the way librarians can share and use information
- Abstracts: A splintered privilege; two judges have taken exception to tobacco's confidentiality claims. Fear at an Oct. meeting spurs Liggett settlement; parties step up talks after news of congressional plan
- Abstracts: Locking horns for his alma mater. She tries to get lawyers wholesale. Silicone suits and bankruptcy woes
- Abstracts: The U.S. Supreme Court refused to strike down the doctrine of equivalents in 'Hilton Davis,' but it still left many questions about the doctrine unresolved