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August 30, 2011

TX High Court Disallows Unfair Settlement Claim Against Texas Mutual

Wrongful Death Suit Filed Against Accused Murderer

Suit: Cop Recklessly Handcuffed First Grader

Family of Drowned Man Files Wrongful Death Suit

Kansas City Priest Accused of Sexual Abuse

Juror Sentenced After Contacting Defendant

Hurricane Irene: The Looming Insurance Battle

 

 

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2011 Reel Justice Fishing Tournament, Sep 30 - Oct 1 in Port Aransas

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!  

 

Laws/Cases

 

TX High Court Disallows Unfair Settlement Claim Against Texas Mutual

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

Read Article: Business Insurance    

 

Wrongful Death Suit Filed Against Accused Murderer

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

Read Article: The New York Times    

 

Suit: Cop Recklessly Handcuffed First Grader

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

Read Article: Chicago Tribune    

 

Family of Drowned Man Files Wrongful Death Suit

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

Read Article: Baltimore Sun    

 

Kansas City Priest Accused of Sexual Abuse

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

Read Article: Kansas City Star    

 

Juror Sentenced After Contacting Defendant

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

Read Article: Ft. Worth Star Telegram    

 

Insurance

 

Hurricane Irene: The Looming Insurance Battle

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

Read Article: Wall Street Journal - $$ Subscription Required($)    


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