Archive for May, 2012

Filial Responsibility Statutes

In future years filial responsibility statutes might be the remedy of choice for long term care providers for collecting unpaid expenses of an individual with no means to pay.  Many statutes, which already exist, allow providers to sue adult children for …

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Employer Best Practices

For Employer Best Practices on Reasonable Accommodation of Religious Beliefs and Practices see the document offered by the U.S. Equal Employment Opportunity Commission.  Best Practices for


Religious Accommodations For Religious Beliefs

Court states … “in order to establish a prima facie case of religious discrimination, a plaintiff must show that (1) he holds a sincere religious belief


Common Carrier Defined In Life Contract

Wife sought to recover as the beneficiary under her husband's life insurance policy. The policy provided a base amount of coverage (which was paid by the


Retirement Plan Participants Allege Excessive Fees

Participants in plan sue under ERISA and the Investment Company Act. The basis of complaint is that John Hancock charged a variety of excessive fees in

Homeowners/Umbrella Provide No Coverage

Suit in the Circuit Court of Jackson County, Missouri, for hacking into his voicemail and Facebook services, sending disparaging letters and emails, and making anonymous phone

What Are The Duties Of The Fiduciary?

Medical bills submitted to insurance company for reimbursement; insurer denied coverage on most of the expenses because the provider used was not covered by insurance plan

Failure to Disclose is Material Misrepresentation

This case involves whether a malpractice liability policy is properly rescinded for incomplete responses to questions on the applicable insurance applications.  US Court of Appeals, Continental

Voluntary Demotion Leads To Claim Of Retaliation

Faced with voluntary demotion or disciplinary action, on the advice of a union representative, the person took the demotion. The person later sued for retaliation, claiming

Virginia Supreme Court Addresses Pollution Exclusion in Property Policies

Court finds the pollution exclusions applicable to pollution that would not be considered traditional environmental pollution. Case involves damage to a product manufactured by the named

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