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insurance news
Going Postal, But Why Arthur?
Why would LifeHealthPro.com post " Obama Budget a Bitter Pill For Life Insurers" when it also states that "the budget, as proposed, has virtually no chance of being enacted in law"? The article, by... This is a content summary only. Please click on the title for the full content, If you find...
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Can Defendants Ever Make Effective Rule 49 Offers in MVA Cases?
We are indebted to Mark (”Billy Idol”) Charron of Williams McEnery for alerting us to the recent decision in Peterson v. Phillips. This is another case that deals with the relationship between offers to settle in MVA claims and the $30,000 deductible imposed by the Insurance Act. The...
Not “Quantum of Solace” But “Quantum of Claims”
In McCook v. Subramaniam, Master Ronald Dash considered whether to permit a plaintiff to add as a defendant his own auto insurer, under its underinsured motorist endorsement. The insurer resisted the motion on the basis that the plaintiff had not sued within the limitation period. Ultimately, the...
Income Replacement Benefits Subject to Garnishment
Mr. Justice John Cavarzan has held, in Lease Truck Inc. v. Serbinek, that a creditor of an insured is entitled to garnishment of income replacement benefits. Once it receives notice of the garnishment, the insurer paying the accident benefits is obliged to pay 20% of the IRB to the creditor....
