39
votes
Why does the U.S. have much higher litigation cost than other countries?
Litigation Costs v. Liability Insurance Cost
It is worth noting that what the Institute for Legal Reform, a tort reform lobbying group, is stating, is not that the U.S. has "higher litigation ...
- 195k
37
votes
Accepted
Can an insurance company drop you after receiving a bill and refusing to pay?
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, ...
- 9,225
33
votes
Accepted
How to mitigate the risk of getting sued by clients (web dev contracting)
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 ...
- 21.7k
26
votes
Accepted
A car catches fire in a carpark. The resulting fire spreads destroying the entire carpark. Who is liable?
In General
The insurer is never primarily liable for anything. Someone who may or may not have insurance is responsible.
A person harmed can't sue somebody else's insurance company (except in the rare ...
- 195k
24
votes
Is it legal to file two insurance claims for the same loss?
Assuming that both policies actually cover the loss, this is called “double insurance.” Generally speaking, you can claim against both insurers, but you can only recover the loss once. See my answer ...
- 8,631
18
votes
Can earthquake insurance companies legally ask about "Other Insurance"?
Insurance is not gambling
Insurance covers your loss. Insuring with multiple insurers does not entitle you to make a profit.
This has been a fundamental part of general insurance law from the ...
- 198k
14
votes
Accepted
If involved in an accident, while uninsured, for which the other driver is insured, can the other insurance company turn them in?
Threatening to report the uninsured driver to avoid payment would be blackmail and illegal / criminal. As a result, they are not going to do this. Reporting the uninsured driver on the other hand is ...
- 32.9k
12
votes
How to mitigate the risk of getting sued by clients (web dev contracting)
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 ...
- 198k
11
votes
Accepted
United States: Can an insurance company sell a policy that pays fines and costs incurred by the policyholder knowingly breaking the law?
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 ...
- 195k
11
votes
Accepted
I am being threatened by a company to pay a disputed liability NOW or face additional Solicitor costs
Issues in the question
In Australia, any civil claim below $10,000 is considered a small claim
This depends on the State or Territory involved. In three the limit is $25,000, not $10,000. In only ...
- 113k
11
votes
What happens if an insurance company does not mention a critical clause of a policy during a telephone purchase?
In any sane jurisdiction, the clause would hold.
By and large, the legal fiction is that one has read and agreed to execute the entirety of the contracts they signed. If it was otherwise, no contract ...
- 1,449
10
votes
Can an insurance company drop you after receiving a bill and refusing to pay?
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 ...
- 210k
9
votes
Accepted
Insurance - Forced to call for cancellation
Such a right would only exist if the legislature has created it by some act. Insurance is excluded under the class of covered contracts under The Consumer Protection (Distance Selling) Regulations ...
- 210k
9
votes
Accepted
Public liability in the UK during building works on house
No one is required to have Public Liability Insurance
If a contractor (or householder) wants PL insurance they are free to take it out but there is no legal requirement to do so.
There may be ...
- 198k
9
votes
What happens if an insurance company does not mention a critical clause of a policy during a telephone purchase?
Aside from what others have mentioned, there are a few more barriers to you making a successful claim due to not having been able to read the contract yet.
First is what is reasonable and customary in ...
7
votes
I got hit twice by different drivers
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 ...
- 11.2k
7
votes
Accepted
I got hit twice by different drivers
It is a principle of equity (of which damages are a part) that you are not entitled to be enriched.
Let's say that the first collision did damage costing $500 to repair. If after the second collision ...
- 198k
7
votes
Can you sue yourself for wrongful-death without admitting manslaughter?
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 ...
- 21.7k
7
votes
What if persons involved in the accident with the same Insurance company?
You have been told that the other person's insurance may not be valid. Why it may not doesn't really matter, perhaps the other person didn't pay premiums or lied on an application. So the situation is ...
- 113k
7
votes
Life insurance and taxes: Does a sole beneficiary need to tell other heirs? (Utah)
NO
In most cases there is no tax owed by the beneficiary and it has, in any case, nothing to do with the estate.
- 12.1k
6
votes
Is it illegal to sell a breast pump that I got for free from insurance?
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:
...
- 8,647
6
votes
Is there a reason not to use liability insurance?
She damaged you - your beef is with her.
If she has insurance, the choice of is she wants to claim or not is up to her. She is not obliged to make a claim and probably not obliged to tell her insurer ...
- 198k
6
votes
What would be the fastest way to sue someone in a traffic accident? Post Accident Legal Strategies
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 ...
- 195k
6
votes
Life insurance already paid out
What he means is you ought to give him the money. If it's not in the policy, the kids have no claim to the life insurance. You probably have to keep looking after them by law (as a decent person would ...
- 32.9k
6
votes
What happens if an insurance company does not mention a critical clause of a policy during a telephone purchase?
washington
The nature of your insurance contract is spelled out in the written policy which you will by law receive in a timely fashion. There is no specific burden on the insurance company to recite ...
- 210k
5
votes
Can you sue yourself for wrongful-death without admitting manslaughter?
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 ...
- 11.2k
5
votes
If I have 2 cars is it legal for me to insure each with a different insurance company
Look at companies such as Haggerty that insure only classic and low mileage cars. They have no issue giving full coverage on your classic car while at the same time you keep your daily driver with ...
- 51
5
votes
Accepted
Out of state driver in Michigan accident with 'no fault' law
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 "...
- 210k
Only top scored, non community-wiki answers of a minimum length are eligible