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November 2016 Archives

Accusations of bad faith conduct can be serious for insurers

The term bad faith can be applied on either side of the insurance claims process. First, a policy holder can make a bad faith claim -- claiming damages that aren't really there or weren't caused by the events as stated in a claim. Second, an insurance company can practice bad faith by not providing payment appropriately and in a timely manner on a good claim or by treating policy holders with business neglect.

What are 2 most important documents in estate administration?

Let's be honest: Every situation is different and when it comes to estates, there aren't always one-size-fits-all answers. Applying generalities to your estate planning or administration can cause problems and result in increased stress and financial burden for you or your heirs, which is why it's important to work with a professional estate lawyer to address your individual needs. One thing can be generalized across estate situations, though: If you're going to administer an estate, you need a death certificate.

LIMITS ON THE ENFORCEABILITY OF AGREEMENTS TO ARBITRATE INJURY CLAIMS

Fifty years ago, pre injury arbitration agreements were unenforceable in most states. Basically, this was because courts believed that the right to have claims resolved in court was a fundamental constitutional right that could not be waived before a claim arose. But in the 1970's, that view began to change. The federal government and the states enacted laws making arbitration agreement provisions enforceable. The enforceability of arbitration clauses has since then been upheld in all manner of contracts, most controversially in the securities industry and the consumer goods market.

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