Thursday, December 30, 2010

Personal Injury damages

In a decision issued November 15, 2010 (Volunteers of America Colorado Branch v. Gardenswartz) the Colorado Supreme Court says that an injured person may recover the full amount of medical expenses charged, even if the injured person's health insurance company persuaded the health care provider to discount the charges, and paid less than the full bill. 

Tuesday, July 6, 2010

mechanics lien waiver

Roofer does the work after a hail storm.  Home insurance company issues payment to the home owner and the lender on the property.  Lender will not sign the check without a lien waiver, so roofer signs the waiver.  Lender signs the check and the home owner keeps all the money.  When the roofer asks for it, owner says, "look, you said paid in full."  We will get the money for the  roofer, if it is not already gone.  I have lots of ideas how the roofer should have better protected itself. 

Tuesday, June 29, 2010

Dying and her life insurance cancelled part 2

She will be deposed by me on videotape, to preserve her testimony that she mailed instructions to the insurance company and those instructions were not followed. We must go to her home.  She is already weak from her cancer. She has small children.  She did not realize sooner that her premiums were not being taken automatically from her bank because she had started a new job and was very busy.  The insurer will of course claim that she negligently disregarded notices from it that her premiums were overdue.  She paid premiums on this policy beginning in the early 1990's. 

Anyone with wisdom to help this woman?  Prayer welcome, too. 

Monday, June 28, 2010

Dying and her life insurance cancelled.

Met today with a man whose wife tried to arrange to pay her life premiums by direct bank withdrawal. The carrier did not implement her payment method, and she missed a premium. While she was missing her premium payment, she was diagnosed with terminal cancer. Now the carrier wants evidence she is insurable. This is a good day to be a lawyer.

Friday, June 25, 2010

Brownies and builders

Represented an engineer sued for negligence in designing a residence. As evidence of negligence, the expert witness abetting the lawsuit cited to Army Corps of Engineers construction standards. The Pentagon has a 26 page recipe for making brownies. Would a jury think it fair to judge my client by the Pentagon? Crikey. Ironically, my client was a Korean War vet.