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Announcements
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2011 Reel Justice Fishing
Tournament, Sep 30 - Oct 1 in Port Aransas
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Join the TTLA Advocates for our first Annual Reel Justice
Fishing Tournament, and see who gets bragging rights as TTLA's fishing
champion! The fun starts Friday evening with a Welcome dinner, where
you'll meet your guide and pick up your tournament materials. Saturday
morning at first light, it's ON! Registration fee includes boat, guide,
Welcome dinner on Friday, breakfast, lunch & snacks on Saturday,
tournament t-shirt, and other goodies!
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Laws/Cases
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TX High Court Disallows Unfair
Settlement Claim Against Texas Mutual
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Injured employees cannot sue workers compensation
underwriters for violating a portion of Texas’ Insurance Code that
addresses unfair claims settlement practices on the part of insurers,
the Texas Supreme Court has ruled. The decision in Texas Mutual
Insurance Co. vs. Timothy J. Ruttiger involved a worker who claimed he
was injured while carrying pipe in 2004. But a co-worker testified that
Mr. Ruttiger may have been injured playing softball, and a disagreement
with Texas Mutual ensued and benefits payments were delayed. The Court
also ruled that “claims under the Insurance Code may be made against
those insurers for misrepresenting provisions of their policies,
although in this case there was no evidence the insurer did so.”
Regarding the bad faith allegation, the state Supreme Court remanded
the case to the appellate court for further consideration. Roberto
Ceniceros, Business Insurance 08/30/2011
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Read Article: Business Insurance
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Wrongful Death Suit Filed Against
Accused Murderer
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A New York man has filed a $100 million wrongful death
lawsuit against a Brooklyn hardware store clerk who is accused of
murdering and dismembering the man's 8-year-old son. The suit not only
claims wrongful death, but is also blaming the man for the
"extreme physical pain and mental anguish" the boy suffered.
The lawsuit also names the man's father as a defendant, claiming he
should have been aware of his son's actions. Liz Robbins , The
New York Times 08/29/2011
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Read Article: The New York Times
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Suit: Cop Recklessly Handcuffed
First Grader
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A Chicago mother has filed a lawsuit against an elementary
school security guard for allegedly handcuffing a first-grader and
detaining him for more than an hour. The suit accuses the guard of
"acting in conscious disregard" of the boy's safety, and says
the actions were "reckless." The boy suffered
"permanent" and "personal" injuries, the suit says.
Joel Hood, Chicago Tribune 08/29/2011
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Read Article: Chicago Tribune
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Family of Drowned Man Files
Wrongful Death Suit
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A Maryland family has filed a $5 million wrongful-death
lawsuit against the man convicted of drowning their 22-year-old son.
The man convicted of the 2008 murder is set to be sentenced to four
years in prison as part of a plea agreement. The lawyer for the family
said they were "dissatisfied with the anticipated sentence and
want[ed] to take further action." Justin Fenton,
Baltimore Sun 08/29/2011
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Read Article: Baltimore Sun
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Kansas City Priest Accused of
Sexual Abuse
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A former Kansas City priest has been accused of sexually
abusing a young boy in the 1970s, and the Kansas City-St. Joseph
Diocese allegedly covered it up. The lawsuit claims the young man told
the Diocese about the abuse in 1979, but no action was taken, resulting
in five other individuals suffering abuse by the priest in the years following.
The suit is seeking unspecified damages. Judy L. Thomas,
Kansas City Star 08/29/2011
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Read Article: Kansas City Star
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Juror Sentenced After Contacting
Defendant
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A juror on a Tarrant County civil case has been sentenced
to community service after "friending" the defendant on
Facebook and discussing the case on the social media site. The
defendant notified her lawyer after the juror initiated contact, and he
was removed from the jury the next day. Tarrant County officials said
this is the "first instance they are aware of in which a juror
used social media to contact a person involved in an ongoing
case." Eva-Marie Ayala, Ft. Worth Star Telegram 08/28/2011
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Read Article: Ft. Worth Star Telegram
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Insurance
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Hurricane Irene: The Looming Insurance Battle
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For many in Irene’s path, the focus will now turn to
trying persuade insurance companies to cover their losses. One prime
concern is that standard homeowners insurance typically covers damage
from wind but not flooding, and it can be hard to tell which is which,
according to this report from Smart Money. Hurricane Katrina was
followed by extensive litigation over whether homeowners policies did
in fact exclude coverage for water damage. Insurers won many of those
disputes. Insurance companies have started to pass more of the
financial burdens of natural disasters to policyholders, Smart Money
reports, noting that many insurers now require mandatory hurricane
deductibles, which can raise out-of-pocket costs for policyholders.
Nathan Koppel, Wall Street Journal - $$ Subscription Required
08/30/2011
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Read Article: Wall Street Journal - $$ Subscription Required($)
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