38 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 ...
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  • 134k
37 votes
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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, ...
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  • 9,075
34 votes
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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 ...
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  • 20k
25 votes
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Can earthquake insurance companies legally ask about "Other Insurance"?

Is there anything legally non-monopolistic about the CEA clause quoted above? Yes. The clause is not monopolistic at all, since it is not prohibiting you to purchase or retain policies from elsewhere....
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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 ...
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  • 151k
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 ...
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  • 151k
11 votes
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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 ...
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  • 134k
11 votes
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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 ...
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  • 92.8k
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 ...
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  • 160k
9 votes
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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 ...
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  • 160k
9 votes
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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 ...
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  • 151k
8 votes

The legal distinction between gambling and insurance [USA]

Gambling creates a risk where none exists. Gambling provides the opportunity for gains or losses. Insurance mitigates an existing risk of loss. The buyer of insurance has no opportunity for gain. ...
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  • 8,262
8 votes
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Is it legal to let sister-in-law drive my vehicle in another state and have her on my insurance?

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 ...
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  • 20k
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 ...
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  • 20k
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.
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  • 7,331
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: ...
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  • 8,262
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 ...
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  • 10.9k
5 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 ...
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  • 10.9k
5 votes

What exactly is a "major medical condition"?

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 ...
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5 votes

What are possible motives for avoiding insurance in an auto accident?

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 ...
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  • 5,587
5 votes

Is it legal for "in-network" dentist to send me a bill when insurance company denied claim?

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 ...
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  • 160k
5 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 ...
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  • 134k
5 votes

What is your liability if you hit a super expensive car?

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 ...
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  • 151k
5 votes

What if the travel insurance plan document has coverage "editorial" error?

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 ...
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5 votes
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What if the travel insurance plan document has coverage "editorial" error?

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 ...
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5 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 ...
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  • 92.8k
5 votes

Can an insurance company drop you after receiving a bill and refusing to pay?

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 ...
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  • 204
5 votes
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Contesting At-Fault Car Accident

Are you at fault for the fact that Car C read ended you? Close call. A jury could go either way. Can this accident which is now appearing on your insurance be disputed as Car A did not report ...
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  • 134k
5 votes
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Can an auto insurance firm ( US) raise rates based on old age?

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. ...
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  • 92.8k
5 votes
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Insurance-Provided Rental Car After No-Fault Accident

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 ...
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