36

If you were on your parents policy with the understanding you were a student in college, then yes, they can drop you and refuse to pay. You need to read the terms of the insurance very carefully, somewhere in there it says that the policy is only in effect while you are enrolled as a full time student. You (or your parents) broke this agreement, and the ...


33

Nothing gives you complete protection. You can (and should) have artfully drawn contracts with disclaimers and indemnification, but if the counterparties decline to comply with the contracts you may find yourself unable to remedy your liability even if you can prevail in litigation. Likewise, you can buy insurance to cover these sorts of risks. Insurers ...


12

You can never prevent someone suing you Your contract with your client is about risk allocation - who assumes the risk and who pays for the risk. In general, the least cost solution for everybody is that the person who can best manage the risk should assume the risk: many contracts ignore this sensible rule and try to shove risk off on a person who has no ...


9

Insurance is regulated at the state rather than the federal level in the United States, and the terms of individual insurance contracts also matter. Most states prohibit insurance of intentional unlawful acts as a matter of public policy, either under common law doctrines or under express statutes or regulations. The public policy is that no one should be ...


9

You contracted for the services so the debt is yours. Even if the insurance company were legally obligated to pay, that does not shift the obligation from you to the insurance company. The dentist sues you for non-payment, you have to sue the insurance company for breach of contract to recover what they owe. You certainly can contact the insurance company ...


7

The burden for proving claims in civil actions is "preponderance of evidence," i.e., merely that "more than 50% of the evidence favors a conclusion." However, the standard for conviction of any crime is "beyond a reasonable doubt." I.e., if the defense can raise reasonable doubt about one's guilt then the defendant should be acquitted. There is quite a ...


6

First of all, you can't "sue yourself." In this case, the estate of the husband is suing the wife. Apparently the wife is trying to manipulate insurance into paying her for accidentally killing her husband through her own negligence. That is really shameless, assuming she's to benefit. That said, you can admit to negligence and not expose yourself to ...


6

The insurer can absolutely deny paying any claims if they discover that you misrepresented something in obtaining your policy, or you failed to notify them of relevant changes in accordance with the policy's terms. In fact, even changing the "garage" location within a state can affect your premium. You should call your insurer and provide them an honest ...


5

You file another claim. Period. It's not unjust enrichment. You have no duty to fix your car. You are being compensated for the reduced value. Say I hit your door backing into a spot and cause a tiny dent. You get paid x for that dent. Then someone comes and rips the door off. The door needs to be replaced anyway. You are legally allowed to put in a claim ...


5

Under the FMLA: a serious health condition is an illness, injury, impairment or physical or mental condition that involves inpatient care (defined as an overnight stay in a hospital, hospice or residential medical care facility; any overnight admission to such facilities is an automatic trigger for FMLA eligibility) or continuing treatment by a health care ...


5

It is not insurance fraud to sell medical equipment which was paid for by an insurance company. Unless it was obtained fraudulently of course. Two warnings that probably do not apply to breast pumps: Make sure that you actually own it. Sometimes equipment is leased; the patient does not own it. Make sure that it is not a prescription item. You can't sell ...


5

I've gone through this enough times in Pennsylvania to paraphrase the law in this state: If a tree falls it's nobody's fault, unless the tree's owner was given credible advance notice that the tree posed an exceptional risk of failure, in which case the owner is liable for damage it causes if it fails. (For purposes of liability, a tree is "owned" by the ...


5

Short answer The general approach and attitude that you propose is a horrible one that would bring an unfavorable result. It would add many months or years to the time when the case would mostly likely be resolved and would reduce the economic value of your case by a substantial percentage, perhaps cutting it in half or more. Your instincts towards the ...


5

Liability The concept of liability for damages is to place the wronged party in the same position that they would have been in but for the wrongful act. If restoring their car costs $300,000 then you are liable for $300,000. If the car is a total write off then you are liable for the cost of them getting an equivalent replacement, usually assessed at ...


5

I think you're reading it incorrectly. I would read it as saying that the following are not covered: participating in bodily contact sports, skydiving or parachuting except parasailing hang gliding bungee cord jumping etc. So parasailing is covered. All other types of skydiving and parachuting are not. Hang gliding is not covered, bungee cord jumping is ...


5

In this case, my hunch is that this is intended to exclude all of the listed sports "except parasailing," as in 'parachuting is not covered, but parasailing still is,' while everything else listed is not covered. There are a variety of rules of contract interpretation, including the last antecedent rule (which, fun fact, dates back to at least the 1400s): ...


4

Although your question didn't ask about the criminal side of this, it's important to consider the offence of driving without insurance in the UK. Section 143 Road Traffic Act 1998 provides that— (1) Subject to the provisions of this Part of this Act— (a) a person must not use a motor vehicle on a road or other public place unless there is in ...


4

The most likely reason the other driver doesn't want to go through insurance is to avoid a raise in his premiums. However, there could be more serious consequences, up to and including having his insurance cancelled, for example, if the son was not supposed to be driving the car, or based on the criminal nature of the offense. However, there can be serious ...


4

Bearing in mind that you are legally required to have liability insurance in Wisconsin (or a surety bond), and the reason for that is so that people can know with reasonable certainty (and not just hope) that if someone plows into them the guy at fault will cover the damage, you would expect that insurance policies can't be written so that the insurance ...


4

Who Is On The Risk? This depends upon the language of the respective Gecko and NoState policies, the liability of each insurer is determined independently, and it is possible that neither, one or both of them would be "on the risk" as they say in the industry. Usually, insurance policies are drafted on either an "occurrence" basis (i.e. when the "incident" ...


4

It is legal for a dentist to bill you for services rendered. You have an obligation to pay the dentist (in exchange for services); the insurance company has an obligation to cover certain expenses of yours (in exchange for money); the dentist has an obligation to the insurance company to accept certain terms specified by the insurance company (in exchange ...


4

Landlord or tenant responsible for the furnishing damaged after a flooding? This brief analysis of Scandinavian Contract Law explains the difficulty of addressing with certainty matters of Swedish contract law. Despite the legal and factual ambiguities, it seems to me that the contract terms and landlord's conduct preclude his entitlement to a ...


4

Suppose Bob gets a typical term life insurance policy and pays the premiums through the contestability period. . . . If Bob elects not to receive any such treatments and, as a result, dies of this illness in the policy's term, does the insurer have grounds to deny or reduce the claim? No. This is not one of the reasons that an insurance company is ...


4

Had I been informed before the procedure that my insurance wasn't going to cover it, I would have waited until Jan 2019 so that I could use my new insurance provided by my job. A lot will depend on whether your dentist attempted to validate the insurance before the procedure. If you or your dentist inquired, using your particular insurance plan, group, and ...


4

Rule on what an auto insurance company can base rates on vary by state within the US. In at least some states age is a permitted category. In many states drivers younger than 25 pay a higher rate. But even if someone confirmed that rates may be legally based on age in the OP's state, that wouldn't prove that OP's insurance company actually used age to set ...


4

As Mark's answer indicates, you are evidently thinking of the Full Faith and Credit Clause. "Public acts" being laws, it may seem at first glance that states must fully respect the laws of other states. But the interpretation of this clause by the courts is rather different, and has evolved a bit over time. The short of the (modern) matter is that it ...


4

How Are Liability And Insurance Matters Usually Disclosed? Normally, in a car sharing arrangement, you must establish a membership or account with the car sharing firm that includes all of the terms and conditions of the agreement between the parties (at least by reference to a document that you acknowledge that you have had an opportunity to read), often ...


4

As a former rental car employee I can explain why this is. Cars that are rented to customers for insurance reasons (accidents, etc) are supposed to match the size of the car that was damaged as close as possible. I'm speaking for one rental car company in particular here but I'm assuming others have a similar policy but every 2 years old the car is it goes ...


3

In Michigan, the government says, there are circumstances where as a Michigan resident you can be sued, if you are in an accident with a non-resident driving a non-Michigan vehicle. Erie is a "compliant" company, which under MCL 500.3163(2) means that they have an upper limit of $500,000 in benefits to an out of state party (even though they don't write ...


3

You sue BOTH the contractor AND his insurance company. Your interest is in being made whole. It doesn't matter who pays you — whether the contractor pays or the insurance company pays. As long as you are made whole. One scenario you want to avoid is holding a judgment against a contractor who doesn't have the money to pay you then turns around and claims ...


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