#interpleader action

[lawofficeofryansshipp]

Escrow Deposit Disputes in Florida: What Buyers and Sellers Need to Know

Escrow Deposit Disputes in Florida: What Buyers and Sellers Need to Know By Ryan S. Shipp, Esquire – Florida Real Estate Attorney 561.699.0399 | Shipplawoffice.com When buying or selling real estate in Florida, understanding escrow deposit disputes is crucial. Whether you’re a buyer trying to recover your earnest money deposit or a seller looking to enforce contract terms, knowing your rights and…

[ailtrahq]

As the final preparations for the trial of Sam Bankman-Fried were underway in Manhattan, attorneys for the embattled former FTX CEO were filing a suit against the Continental Casualty insurance company in the District Court of Northern California. That company has allegedly provided Paper Bird and its subsidiary FTX Trading directors and officers (D&O) insurance. The suit was filed by Bankman-Fried as an individual.The suit claimed that Continental Casualty is the provider of Paper Bird’s “second-layer excess policy in the D&O insurance tower.” D&O insurance protects the directors and officers of a company from personal losses in the event of a suit against them. Such coverage can be organized into a metaphorical tower of policies, where a policy on a given layer comes into force when the policy below it reaches its limit. According to the suit, the primary layer of D&O coverage provided $10 million for Bankman-Fried's defense from two insurers, and Continental Casualty’s policy was intended to provide $5 million. The policy mandated that payments be made on a current basis. It covered the cost of defense against criminal charges, even though there was an exclusion for “fraudulent, criminal, and similar acts.” There was no clawback provision in the policy.The suit noted that Paper Bird’s two primary D&O policy providers, Beazley and QBE, paid his defense costs according to the terms of the policy. Bankman-Fried is demanding that Continental Casualty pay his defense costs according to its contractual obligation, along with damages, including court costs.Sam Bankman-Fried's complaint against Continental Casualty. Source: CourtListenerThe third layer of Paper Bird’s D&O tower, provided by Hiscox Syndicates, is the subject of court action as well. Hiscox has filed a Complaint for Interpleader against Paper Bird and a long list of insured persons, including Bankman-Fried. An interpleader action compels the parties in a legal procedure to litigate their claims among themselves.According to that complaint, filed on Aug. 9 in the District Court of Northern California, the Hiscox policy comes into force after the $15 million in underlying coverage. The complaint stated that Hiscox expected claims to be made under its policy for $5 million in coverage, and the interpleading was necessary to ensure fair disbursement of policy funds. Twenty individuals were named in the Hiscox complaint. They were all described as having connections to FTX, sometimes by title (head of a department). According to The Financial Times, Paper Bird was the full owner of FTX Ventures and owned 89% of FTX Trading. The newspaper described FTX Trading as “the foundation company identified in FTX’s legal disclaimers.” Paper Bird was wholly owned by Bankman-Fried. Bankman-Fried sought to collect D&O insurance payments under a policy issued to West Realm Shires, which is more commonly referred to as FTX US. That effort was opposed by FTX lawyers and the creditors’ committee and blocked by the U.S. Bankruptcy Court for the District of Delaware.

[robertkhodadadian]

CRE brokers wrestle over $900K commission for 650 Madison - Robert Khodadadian

CRE brokers wrestle over $900K commission for 650 Madison – Robert Khodadadian

Two brokers can’t seem to agree on how to split commission from an office lease, and Avison Young has no interest in trying to settle the dispute any further. The commercial real estate brokerage filed an interpleader action in Manhattan on Wednesday, asking the New York Supreme Court to weigh in and resolve the matter between brokers Keith Caggiano and Roshan Shah. Caggiano and Shah are at odds…

[debofskylaw]

What Is an Interpleader?

An interpleader is a civil action filed by a “stakeholder,” often a life insurance company, that is facing competing claims over benefits that are due. To avoid the risk of having to pay twice, the stakeholder can initiate an interpleader lawsuit against the competing claimants in order for the rightful claimant to establish their entitlement to the funds. Following the filing of such a lawsuit, the stakeholder deposits the funds at issue with the court and then is dismissed from the lawsuit, leaving it up to the competing claimants to each establish their right to the funds.

What Do You Do When You Receive Notification of an Interpleader?

Sometimes, a potential claimant does not even know that they may be entitled to payment. They may have been unknowingly named as the beneficiary of a life insurance policy, or they might not know that they are the proper heirs if the named beneficiary is no longer alive and no contingent beneficiary has been named.

Therefore, anyone served with a summons and complaint that says “interpleader” in the caption should not ignore the court process.  Doing so may forfeit the right to receive a substantial sum of money.

What Is an Example of an Interpleader Case?

Several years ago, the United States Supreme Court accepted a case involving life insurance benefits due under a policy that named the insured’s spouse as the named beneficiary. But the insured had divorced his wife several years earlier and lived in a state that had enacted a uniform law that automatically negates spousal life insurance beneficiary designations upon the entry of a divorce judgment. As a result, the life insurer did not know whether to pay the ex-wife or the contingent beneficiaries, the children of the decedent. The wife ultimately won that case because of the federal ERISA (Employee Retirement Income Security Act) law’s preference for the beneficiary named in the records maintained by the plan administrator. However, that result was not foreordained.

Another case decided by the Supreme Court involved the ownership of retirement benefits and a claim by the ex-spouse of a deceased employee who had amassed a significant retirement benefit.  Although the spouses had addressed the retirement benefits in their divorce proceeding, neither spouse obtained a Qualified Domestic Relations Order (QDRO) and served the order on the administrator of the retirement plan.  Thus, the ex-spouse prevailed since ERISA rules required that the plan pay the spouse in the absence of a QDRO.

In another situation, the beneficiary of survivor benefits under a pension plan murdered the employee who had the pension; however, she was acquitted of murder by reason of insanity. Typically, under what is known as a “slayer rule” or “slayer statute,” anyone who takes the life of another person is barred from inheritance.  But there are exceptions, such as self-defense, insanity, or certain other circumstances. The law varies significantly from state to state on this issue. In this instance, the pension plan was uncertain as to who to pay and required a court to determine whether the spouse, who had been acquitted, could collect the pension.

Life insurance beneficiary changes, especially toward the end of the policyholder’s life, also often trigger interpleader actions, especially if there are questions as to whether the insured had the mental capacity to make the change or there may have been undue influence exercised by the new beneficiary.

Trusts are also the subject of interpleader actions when it is unclear as to who the beneficiaries may be. For example, a trust may be established for the benefit of the children of the settlor, i.e., the person who created the trust. However, it may be unclear as to whether illegitimate children qualify as well. In that situation, the trustee may need to file an interpleader action, just as a life insurance company may file an interpleader when questions arise as to the rightful beneficiary.

What Happens in an Interpleader Proceeding?

After the disputed funds are deposited with the court, each of the potential claimants need to assert their claim and the court ultimately decides on the rightful beneficiary or the proper allocation of the proceeds. If one of the potential claimants fails to take any action, though, the other claimants are likely to receive the life insurance or trust proceeds by default.

Because the failure to act immediately upon receipt of a summons in an interpleader action may have devastating financial consequences for rightful heirs and beneficiaries, it is critical to retain an attorney experienced in handling interpleader cases as soon as possible to protect your rights. The lawyers at DeBofsky Law have that experience and can help you recover what is rightfully yours if you are named as a party to an interpleader lawsuit.

[dranupamkumarmishra]

INTERPLEADER SUIT

INTERPLEADER SUIT If the plaintiff brings an action on behalf of the claimant to determine the actual owner of the property, it is an interpleader action. If the plaintiff does not have direct possession of the property or thing, the plaintiff files a claim. The plaintiff is in indirect possession of the property. In this case, there is more than one defendant. In fact, in this case, more than…

[smithlawgroup]

Buying Or Selling Commercial Properties at Smith Law Group CT

If you are considering purchasing or selling commercial properties, you should hire an experienced real estate attorney. Smith Law Group CT attorneys can assist you in all aspects of your transaction, from the contract of sale to title insurance. They can handle seller disclosures, mortgage paperwork, and title searches, prepare and review closing documents, and collect funds through an escrow account. We also handle the collection of funds after closing, including the payoff statement.

Ted Smith has decades of experience representing commercial property owners, sellers, and tenants in Connecticut. His extensive knowledge of real estate transactions means that he can help you avoid the common pitfalls associated with complex commercial property transactions. His passion for the field has led him to become Board Certified in Residential and Commercial Real Estate since 1983. In addition to handling transactions, Ted Smith has drafted several important legal documents, including deeds. He can help you negotiate the terms of purchase agreements, lease agreements, and environmental cleanup requirements.

Robinson Elliott & Smith’s attorneys focus on strategic advocacy and practical trial experience. They do not specialize in specific areas of law. Instead, they combine a comprehensive knowledge of the law with hands-on litigation experience. The firm’s attorneys help clients navigate the legal system and obtain results. In addition, they represent contractors, subcontractors, and investors in real estate transactions. Buying or selling commercial property at Smith Law Group CT will be an easy and stress-free experience.

Shawn Smith specializes in a broad range of complex commercial and civil litigation. His practice frequently includes representation of lenders, special servicers, and investors in loan workouts. He also regularly represents financial services clients in a variety of litigation, including bankruptcy, interpleader actions, and loan workouts. He is also experienced in landlord-tenant issues, atypical lease agreements, and real estate transactions.

Smith Law Group CT has over a century of combined experience in commercial real estate law. With the help of their extensive experience and expertise, we can help you make a wise investment decision for your commercial property. We also work with local companies that specialize in real estate and construction. Listed below are some of the companies that we recommend. So, if you’re thinking about buying or selling commercial properties, contact us today for a free consultation. The team of attorneys at Smith Law Group CT will be more than happy to answer your questions and assist you in every step of the transaction.

[ayahkenji]

Forty Nine Dating Memes Ideas

Forty Nine Dating Memes Ideas

Forty Nine Dating Memes Ideas Clerks and different subordinate staff. Shari’a District Courts shall have the identical officers and other personnel as these provided by law for Courts of First Instance. All special civil actions for interpleader or declaratory reduction wherein the events are Muslims or the property involved belongs completely to Muslims. Shari’a courts and the personnel thereof…

[billcougar601]

Denied MetLife Life Insurance Claim

Metlife Life Insurance Claim Denial

We handle all delayed and denied Metlife Life Insurance claims, as well as beneficiary disputes and interpleader actions.

Recent Metlife Life Insurance Claims Resolved

Metlife Life insurance medical misrepresentation $124,000.00

Metlife Life insurance interpleader lawsuit $500,000.00

Metlife life insurance felony exclusion $62,000.00

Metlife Life insurance claim denial AD&D $395,000.00

Accidental Death & Dismemberment Metlife $450,000.00

Metlife Life  insurance prescription drug denial $101,000.00

Metlife Life autoerotic asphyxiation exclusion $250,000.00

Metlife Life beneficiary dispute ex-spouse vs spouse $95,000.00

#1 Life Insurance Law Firm in the US for denied life insurance claims

  Top firm for contesting a life insurance beneficiary and interpleader actions.

  We get life insurance claims paid fast.

  We handle claims in all states.

  Call us now for a free consultation 800-900-2521

[ericfruits]

Unauthorized Practice In Florida

Sunday, October 7, 2018

The Florida Supreme Court adopted an advisory opinion on unauthorized law practice

The question presented for consideration by the Standing Committee is whether a nonlawyer company is engaged in the unlicensed practice of law when it holds itself out as having special knowledge on how to recover excess proceeds from a tax deed sale held by the Clerk of Court under Chapter 197, Fla. Stat.; identifies and contacts owners of excess tax deed sale proceeds for the purpose of offering to recover the excess proceeds on their behalf from the Clerk of Court; offers the owners of excess proceeds a contingency arrangement using a purported assignment modified by an agreement to share the excess proceeds upon recovery, with the owner retaining a 60% interest in the excess proceeds; requests from the Clerk of Court the surplus funds based on the purported assignment; and files pleadings in interpleader actions to recover the surplus funds.

The answer

Here, JAR/Paine was representing Wall because Wall still had an interest in the litigation. This was not a situation where Wall signed over all of his interests in the proceeds of the sale to JAR/Paine so that JAR/Paine became the party to the action. Instead, JAR/Paine offered Wall a contingency fee agreement where Wall retained an interest in the proceeds of the sale as he stood to gain 60% from any recovery. Wall was, therefore, a party to the action and was being represented by JAR. By so representing Wall, JAR/Paine engaged in the unlicensed practice of law.

Conclusion

It is the opinion of the Standing Committee on the Unlicensed Practice of Law that a nonlawyer company is engaged in the unlicensed practice of law when it holds itself out as having special knowledge on how to recover excess proceeds from a tax deed sale held by the Clerk of Court under Chapter 197, Fla. Stat.; identifies and contacts owners of excess tax deed sale proceeds for the purpose of offering to recover the excess proceeds on their behalf from the Clerk of Court; offers the owners of excess proceeds a contingency arrangement using a purported assignment modified by an agreement to share the excess proceeds upon recovery, with the owner retaining a 60% interest in the excess proceeds; requests from the Clerk of Court the surplus funds based on the purported assignment; and file pleadings in interpleader actions to recover the surplus funds.

The Standing Committee is not sitting as the trier of fact in this matter. Should this Court adopt the Standing Committee’s proposed formal advisory opinion, it would establish the precedent required by Goldberg and be the standard to be applied by the trier of fact in ultimately deciding whether the defendants engaged in the unlicensed practice of law.

Chief Justice Canady dissented and concludes that the court has no authority to issue "advisory opinions regarding pending litigation contemplated by rule 10-9.1." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2018/10/the-florida-supreme-court-adopted-an-advisory-opinion-on.html

Bar Discipline & Process | Permalink

https://ift.tt/2QBfXvm

[versedale55]

Life Insurer Permitted to Adjust Policy Proceeds Pursuant to Misstatement-of-Age Provision

In Jackson National Life Insurance Co. v. Dobbins, the Fifth Circuit Court of Appeals affirmed the district court’s grant of summary judgment for an insurer in an interpleader action, which resolved, among other things, whether the insurer was...By: Carlton Fields from Insurance RSS Feed | JD Supra Law News http://bit.ly/2uQ5svk

[melvinemarino]

WHY CAR WRECKS WITH MULTIPLE INJURIES TEND TO TAKE LONGER

WHY CAR WRECKS WITH MULTIPLE INJURIES TEND TO TAKE LONGER

If you get hurt in a car accident in or around the metro-east St. Louis area, you have a lot of options for attorneys. From billboards to late-night TV ads, our region is bombarded with lawyers claiming to “get you big money” or “get cash now.” But the truth is, no lawyer can promise to get you money, certainly not quickly. It’s all frankly very dependent on the nature of your case and a lot of factors that no one can predict.

That said, at Jerome, Lindsay & Salmi, LLP, we try to make the most out of every case. When you meet with us about an injury, we dig into the details to get a true picture of what’s going on, and we look for ways to expedite where we can. One type of case that often will take longer is the multi-party injury claim. Here’s why this last longer.

What is a Multi-Party Claim?

When there is more than one injured person in an accident, you have a multi-party claim. This can happen in several ways:

Car accident with an injured driver and passengers

Car accident with multiple vehicles

Motorcycle crash with an injured rider and passenger

Accidents involving passenger vehicles, like buses and taxis

Catastrophic structural collapses and construction site injuries

What Happens When There Are Multiple Injured People?

When an insurance company first learns that its insured policyholder has caused an accident, the first thing the insurance company does is set up a claim. The assigned adjuster will next begin trying to contact everyone involved to gather information. The number-one priority is to get someone else (anyone else) to admit fault or say they aren’t hurt. If the other people involved waive their claims, sign releases, or admit to being partially to blame, this might give the insurance company a legal reason to refuse to pay or shift the blame. At a minimum, they may be able to reduce or limit their exposure.

How Insurance Policies Work

If you take a close look at your car insurance policy in Illinois or Missouri, you will notice that for bodily injury liability protection, you have two different numbers listed (e.g. $25,000 / $50,000 or $50,000 / $100,000 and so forth). Let’s assume for a moment that someone carries the Illinois minimum. Here’s how to read these numbers:

$25,000 per person. This first number means that the at-fault driver’s insurance company will pay up to $25,000 per injured individual in a crash.

$50,000 per occurrence. This second number means that the insurance company will cap or limit the total amount of payments to $50,000 for the whole entire event.

Let’s say 3 people are hurt in a wreck. The at-fault driver has a $25,000 / $50,000 policy. The insurance company now has to accomplish three things with these funds. First, they must figure out how bad all the injuries are. Second, they must use a degree of caution to make sure they do not leave their policyholder exposed to unnecessary liability or judgment. Finally, they need to secure releases from everyone, if possible. This is the insurance company playbook.

How Does an Insurance Company Spread Out the Money?

In our scenario above, let’s assume for a moment that one of the injured people suffers from a catastrophic injury with over $25,000 in medical bills. The insurance company may recognize that he or she deserves to receive a lot more money, but under the policy, the insurance company has no legal obligation to pay anything beyond $25,000. So, they will probably issue payment for that individual in the amount of $25,000, but only if neither of the other people are seriously hurt.

If the other people do have serious injuries, then the insurance company will attempt to apportion the compensation equitably and in pro rata shares, based on medical expenses and severity of injuries. Otherwise, they may protect their insured with respect to one injury, but leave them exposed on another front.

Why All This Causes Delays

You may have hired a great attorney, and you may have completed treatment, submitted a demand, and placed your claim at the front of the line, but the insurance company is not going to want to make any payments until the other injured parties provide the necessary information in order to assess what respective share they should receive. Therefore, you may get stuck waiting a long time, especially if the other people in the crash have lazy lawyers, no lawyers, or simply can’t be located.

Getting Around the Delays

One quick way to get this resolved is to file a lawsuit, thereby putting the matter before a judge. Assuming, of course, that there is no dispute over liability, the insurance company will usually file a specific type of court document that allows them to “tender” payment of the full $50,000, but asks the judge to determine who should receive what shares. This is commonly known as Interpleader. In both Missouri and Illinois, an attorney can get this type of action filed, notify all injured parties who have a legal right to payment, then ask a judge to divide the proceeds of insurance equitably. Those who have an aggressive and competent attorney will generally fair better.

When waiting around for money indefinitely is not an option, call Jerome, Lindsay & Salmi, LLP to speak with one of our Illinois or Missouri car wreck lawyers today. We never charge for a consultation, and we don’t set arbitrary time limits on meetings with prospective clients. If you’ve suffered serious injuries in a car accident, we think you’ll find us a perfect fit. We tend to be a bit more selective than some attorneys out there, but that’s a good thing. It means we can give you more individualized attention. It also means we don’t waste time with frivolous or silly claims. We help people rebuild their lives after tragedies. Call and speak with an attorney to find out if we can help you as well.

by JAYE R. LINDSAY

One part combat veteran, one part former firefighter/EMT and truck driver, and 100% devoted to helping clients achieve the results they desire.

SHARE THIS

DISCUSS YOUR CASE

Get a free face-to-face consultation with an experienced injury lawyer now.

CLICK HERE

from https://jlslawoffice.com/blog/why-car-wrecks-with-multiple-injuries-tend-to-take-longer/

from Jerome, Lindsay & Salmi, LLP - Blog http://jlslawofficecom.weebly.com/blog/why-car-wrecks-with-multiple-injuries-tend-to-take-longer

[naomiarolon]

WHY CAR WRECKS WITH MULTIPLE INJURIES TEND TO TAKE LONGER

WHY CAR WRECKS WITH MULTIPLE INJURIES TEND TO TAKE LONGER

If you get hurt in a car accident in or around the metro-east St. Louis area, you have a lot of options for attorneys. From billboards to late-night TV ads, our region is bombarded with lawyers claiming to “get you big money” or “get cash now.” But the truth is, no lawyer can promise to get you money, certainly not quickly. It’s all frankly very dependent on the nature of your case and a lot of factors that no one can predict.

That said, at Jerome, Lindsay & Salmi, LLP, we try to make the most out of every case. When you meet with us about an injury, we dig into the details to get a true picture of what’s going on, and we look for ways to expedite where we can. One type of case that often will take longer is the multi-party injury claim. Here’s why this last longer.

What is a Multi-Party Claim?

When there is more than one injured person in an accident, you have a multi-party claim. This can happen in several ways:

Car accident with an injured driver and passengers

Car accident with multiple vehicles

Motorcycle crash with an injured rider and passenger

Accidents involving passenger vehicles, like buses and taxis

Catastrophic structural collapses and construction site injuries

What Happens When There Are Multiple Injured People?

When an insurance company first learns that its insured policyholder has caused an accident, the first thing the insurance company does is set up a claim. The assigned adjuster will next begin trying to contact everyone involved to gather information. The number-one priority is to get someone else (anyone else) to admit fault or say they aren’t hurt. If the other people involved waive their claims, sign releases, or admit to being partially to blame, this might give the insurance company a legal reason to refuse to pay or shift the blame. At a minimum, they may be able to reduce or limit their exposure.

How Insurance Policies Work

If you take a close look at your car insurance policy in Illinois or Missouri, you will notice that for bodily injury liability protection, you have two different numbers listed (e.g. $25,000 / $50,000 or $50,000 / $100,000 and so forth). Let’s assume for a moment that someone carries the Illinois minimum. Here’s how to read these numbers:

$25,000 per person. This first number means that the at-fault driver’s insurance company will pay up to $25,000 per injured individual in a crash.

$50,000 per occurrence. This second number means that the insurance company will cap or limit the total amount of payments to $50,000 for the whole entire event.

Let’s say 3 people are hurt in a wreck. The at-fault driver has a $25,000 / $50,000 policy. The insurance company now has to accomplish three things with these funds. First, they must figure out how bad all the injuries are. Second, they must use a degree of caution to make sure they do not leave their policyholder exposed to unnecessary liability or judgment. Finally, they need to secure releases from everyone, if possible. This is the insurance company playbook.

How Does an Insurance Company Spread Out the Money?

In our scenario above, let’s assume for a moment that one of the injured people suffers from a catastrophic injury with over $25,000 in medical bills. The insurance company may recognize that he or she deserves to receive a lot more money, but under the policy, the insurance company has no legal obligation to pay anything beyond $25,000. So, they will probably issue payment for that individual in the amount of $25,000, but only if neither of the other people are seriously hurt.

If the other people do have serious injuries, then the insurance company will attempt to apportion the compensation equitably and in pro rata shares, based on medical expenses and severity of injuries. Otherwise, they may protect their insured with respect to one injury, but leave them exposed on another front.

Why All This Causes Delays

You may have hired a great attorney, and you may have completed treatment, submitted a demand, and placed your claim at the front of the line, but the insurance company is not going to want to make any payments until the other injured parties provide the necessary information in order to assess what respective share they should receive. Therefore, you may get stuck waiting a long time, especially if the other people in the crash have lazy lawyers, no lawyers, or simply can’t be located.

Getting Around the Delays

One quick way to get this resolved is to file a lawsuit, thereby putting the matter before a judge. Assuming, of course, that there is no dispute over liability, the insurance company will usually file a specific type of court document that allows them to “tender” payment of the full $50,000, but asks the judge to determine who should receive what shares. This is commonly known as Interpleader. In both Missouri and Illinois, an attorney can get this type of action filed, notify all injured parties who have a legal right to payment, then ask a judge to divide the proceeds of insurance equitably. Those who have an aggressive and competent attorney will generally fair better.

When waiting around for money indefinitely is not an option, call Jerome, Lindsay & Salmi, LLP to speak with one of our Illinois or Missouri car wreck lawyers today. We never charge for a consultation, and we don’t set arbitrary time limits on meetings with prospective clients. If you’ve suffered serious injuries in a car accident, we think you’ll find us a perfect fit. We tend to be a bit more selective than some attorneys out there, but that’s a good thing. It means we can give you more individualized attention. It also means we don’t waste time with frivolous or silly claims. We help people rebuild their lives after tragedies. Call and speak with an attorney to find out if we can help you as well.

by JAYE R. LINDSAY

One part combat veteran, one part former firefighter/EMT and truck driver, and 100% devoted to helping clients achieve the results they desire.

SHARE THIS

DISCUSS YOUR CASE

Get a free face-to-face consultation with an experienced injury lawyer now.

CLICK HERE

source https://jlslawoffice.com/blog/why-car-wrecks-with-multiple-injuries-tend-to-take-longer/ from Jerome, Lindsay & Salmi, LLP https://jlslawoffice.blogspot.com/2019/03/why-car-wrecks-with-multiple-injuries.html

[maryhrogers]

WHY CAR WRECKS WITH MULTIPLE INJURIES TEND TO TAKE LONGER

WHY CAR WRECKS WITH MULTIPLE INJURIES TEND TO TAKE LONGER

If you get hurt in a car accident in or around the metro-east St. Louis area, you have a lot of options for attorneys. From billboards to late-night TV ads, our region is bombarded with lawyers claiming to “get you big money” or “get cash now.” But the truth is, no lawyer can promise to get you money, certainly not quickly. It’s all frankly very dependent on the nature of your case and a lot of factors that no one can predict.

That said, at Jerome, Lindsay & Salmi, LLP, we try to make the most out of every case. When you meet with us about an injury, we dig into the details to get a true picture of what’s going on, and we look for ways to expedite where we can. One type of case that often will take longer is the multi-party injury claim. Here’s why this last longer.

What is a Multi-Party Claim?

When there is more than one injured person in an accident, you have a multi-party claim. This can happen in several ways:

Car accident with an injured driver and passengers

Car accident with multiple vehicles

Motorcycle crash with an injured rider and passenger

Accidents involving passenger vehicles, like buses and taxis

Catastrophic structural collapses and construction site injuries

What Happens When There Are Multiple Injured People?

When an insurance company first learns that its insured policyholder has caused an accident, the first thing the insurance company does is set up a claim. The assigned adjuster will next begin trying to contact everyone involved to gather information. The number-one priority is to get someone else (anyone else) to admit fault or say they aren’t hurt. If the other people involved waive their claims, sign releases, or admit to being partially to blame, this might give the insurance company a legal reason to refuse to pay or shift the blame. At a minimum, they may be able to reduce or limit their exposure.

How Insurance Policies Work

If you take a close look at your car insurance policy in Illinois or Missouri, you will notice that for bodily injury liability protection, you have two different numbers listed (e.g. $25,000 / $50,000 or $50,000 / $100,000 and so forth). Let’s assume for a moment that someone carries the Illinois minimum. Here’s how to read these numbers:

$25,000 per person. This first number means that the at-fault driver’s insurance company will pay up to $25,000 per injured individual in a crash.

$50,000 per occurrence. This second number means that the insurance company will cap or limit the total amount of payments to $50,000 for the whole entire event.

Let’s say 3 people are hurt in a wreck. The at-fault driver has a $25,000 / $50,000 policy. The insurance company now has to accomplish three things with these funds. First, they must figure out how bad all the injuries are. Second, they must use a degree of caution to make sure they do not leave their policyholder exposed to unnecessary liability or judgment. Finally, they need to secure releases from everyone, if possible. This is the insurance company playbook.

How Does an Insurance Company Spread Out the Money?

In our scenario above, let’s assume for a moment that one of the injured people suffers from a catastrophic injury with over $25,000 in medical bills. The insurance company may recognize that he or she deserves to receive a lot more money, but under the policy, the insurance company has no legal obligation to pay anything beyond $25,000. So, they will probably issue payment for that individual in the amount of $25,000, but only if neither of the other people are seriously hurt.

If the other people do have serious injuries, then the insurance company will attempt to apportion the compensation equitably and in pro rata shares, based on medical expenses and severity of injuries. Otherwise, they may protect their insured with respect to one injury, but leave them exposed on another front.

Why All This Causes Delays

You may have hired a great attorney, and you may have completed treatment, submitted a demand, and placed your claim at the front of the line, but the insurance company is not going to want to make any payments until the other injured parties provide the necessary information in order to assess what respective share they should receive. Therefore, you may get stuck waiting a long time, especially if the other people in the crash have lazy lawyers, no lawyers, or simply can’t be located.

Getting Around the Delays

One quick way to get this resolved is to file a lawsuit, thereby putting the matter before a judge. Assuming, of course, that there is no dispute over liability, the insurance company will usually file a specific type of court document that allows them to “tender” payment of the full $50,000, but asks the judge to determine who should receive what shares. This is commonly known as Interpleader. In both Missouri and Illinois, an attorney can get this type of action filed, notify all injured parties who have a legal right to payment, then ask a judge to divide the proceeds of insurance equitably. Those who have an aggressive and competent attorney will generally fair better.

When waiting around for money indefinitely is not an option, call Jerome, Lindsay & Salmi, LLP to speak with one of our Illinois or Missouri car wreck lawyers today. We never charge for a consultation, and we don’t set arbitrary time limits on meetings with prospective clients. If you’ve suffered serious injuries in a car accident, we think you’ll find us a perfect fit. We tend to be a bit more selective than some attorneys out there, but that’s a good thing. It means we can give you more individualized attention. It also means we don’t waste time with frivolous or silly claims. We help people rebuild their lives after tragedies. Call and speak with an attorney to find out if we can help you as well.

by JAYE R. LINDSAY

One part combat veteran, one part former firefighter/EMT and truck driver, and 100% devoted to helping clients achieve the results they desire.

SHARE THIS

DISCUSS YOUR CASE

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from Jerome, Lindsay & Salmi, LLP https://jlslawoffice.com/blog/why-car-wrecks-with-multiple-injuries-tend-to-take-longer/ from Jerome, Lindsay & Salmi, LLP https://jlslawoffice.tumblr.com/post/183707240787

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WHY CAR WRECKS WITH MULTIPLE INJURIES TEND TO TAKE LONGER

WHY CAR WRECKS WITH MULTIPLE INJURIES TEND TO TAKE LONGER

If you get hurt in a car accident in or around the metro-east St. Louis area, you have a lot of options for attorneys. From billboards to late-night TV ads, our region is bombarded with lawyers claiming to “get you big money” or “get cash now.” But the truth is, no lawyer can promise to get you money, certainly not quickly. It’s all frankly very dependent on the nature of your case and a lot of factors that no one can predict.

That said, at Jerome, Lindsay & Salmi, LLP, we try to make the most out of every case. When you meet with us about an injury, we dig into the details to get a true picture of what’s going on, and we look for ways to expedite where we can. One type of case that often will take longer is the multi-party injury claim. Here’s why this last longer.

What is a Multi-Party Claim?

When there is more than one injured person in an accident, you have a multi-party claim. This can happen in several ways:

Car accident with an injured driver and passengers

Car accident with multiple vehicles

Motorcycle crash with an injured rider and passenger

Accidents involving passenger vehicles, like buses and taxis

Catastrophic structural collapses and construction site injuries

What Happens When There Are Multiple Injured People?

When an insurance company first learns that its insured policyholder has caused an accident, the first thing the insurance company does is set up a claim. The assigned adjuster will next begin trying to contact everyone involved to gather information. The number-one priority is to get someone else (anyone else) to admit fault or say they aren’t hurt. If the other people involved waive their claims, sign releases, or admit to being partially to blame, this might give the insurance company a legal reason to refuse to pay or shift the blame. At a minimum, they may be able to reduce or limit their exposure.

How Insurance Policies Work

If you take a close look at your car insurance policy in Illinois or Missouri, you will notice that for bodily injury liability protection, you have two different numbers listed (e.g. $25,000 / $50,000 or $50,000 / $100,000 and so forth). Let’s assume for a moment that someone carries the Illinois minimum. Here’s how to read these numbers:

$25,000 per person. This first number means that the at-fault driver’s insurance company will pay up to $25,000 per injured individual in a crash.

$50,000 per occurrence. This second number means that the insurance company will cap or limit the total amount of payments to $50,000 for the whole entire event.

Let’s say 3 people are hurt in a wreck. The at-fault driver has a $25,000 / $50,000 policy. The insurance company now has to accomplish three things with these funds. First, they must figure out how bad all the injuries are. Second, they must use a degree of caution to make sure they do not leave their policyholder exposed to unnecessary liability or judgment. Finally, they need to secure releases from everyone, if possible. This is the insurance company playbook.

How Does an Insurance Company Spread Out the Money?

In our scenario above, let’s assume for a moment that one of the injured people suffers from a catastrophic injury with over $25,000 in medical bills. The insurance company may recognize that he or she deserves to receive a lot more money, but under the policy, the insurance company has no legal obligation to pay anything beyond $25,000. So, they will probably issue payment for that individual in the amount of $25,000, but only if neither of the other people are seriously hurt.

If the other people do have serious injuries, then the insurance company will attempt to apportion the compensation equitably and in pro rata shares, based on medical expenses and severity of injuries. Otherwise, they may protect their insured with respect to one injury, but leave them exposed on another front.

Why All This Causes Delays

You may have hired a great attorney, and you may have completed treatment, submitted a demand, and placed your claim at the front of the line, but the insurance company is not going to want to make any payments until the other injured parties provide the necessary information in order to assess what respective share they should receive. Therefore, you may get stuck waiting a long time, especially if the other people in the crash have lazy lawyers, no lawyers, or simply can’t be located.

Getting Around the Delays

One quick way to get this resolved is to file a lawsuit, thereby putting the matter before a judge. Assuming, of course, that there is no dispute over liability, the insurance company will usually file a specific type of court document that allows them to “tender” payment of the full $50,000, but asks the judge to determine who should receive what shares. This is commonly known as Interpleader. In both Missouri and Illinois, an attorney can get this type of action filed, notify all injured parties who have a legal right to payment, then ask a judge to divide the proceeds of insurance equitably. Those who have an aggressive and competent attorney will generally fair better.

When waiting around for money indefinitely is not an option, call Jerome, Lindsay & Salmi, LLP to speak with one of our Illinois or Missouri car wreck lawyers today. We never charge for a consultation, and we don’t set arbitrary time limits on meetings with prospective clients. If you’ve suffered serious injuries in a car accident, we think you’ll find us a perfect fit. We tend to be a bit more selective than some attorneys out there, but that’s a good thing. It means we can give you more individualized attention. It also means we don’t waste time with frivolous or silly claims. We help people rebuild their lives after tragedies. Call and speak with an attorney to find out if we can help you as well.

by JAYE R. LINDSAY

One part combat veteran, one part former firefighter/EMT and truck driver, and 100% devoted to helping clients achieve the results they desire.

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from Jerome, Lindsay & Salmi, LLP https://jlslawoffice.com/blog/why-car-wrecks-with-multiple-injuries-tend-to-take-longer/

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New Post has been published on http://omcik.com/court-considers-role-of-alcohol-in-beneficiary-change/

Court Considers Role of Alcohol in Beneficiary Change

(Photo: Thinkstock)

This story is reprinted with permission from FC&&S Legal, the industry’s only comprehensive digital resource designed for insurance coverage law professionals. Visit the website to subscribe.

A recent decision in a case involving allegations that a decedent’s modifications to his life insurance beneficiary were invalid due to undue influence illustrates the difficulty in challenging a beneficiary change made by an insured shortly before dying.

The Case

James Barnett Jr. was born Nov. 21, 1943. He worked for Fiat Chrysler Automobiles US L.L.C., eventually retiring.

(Related: Letter Changing Beneficiary Day Before Policy Owner’s Suicide Was Effective: Court Rules)

Barnett obtained life insurance coverage through Fiat Group Life Insurance Plan. Metropolitan Life Insurance Company was a fiduciary and responsible for administering the plan in accordance with the federal Employee Retirement Income Security Act of 1974 (ERISA).

Throughout his life, Barnett apparently struggled with alcohol abuse and also suffered from hypertension and diabetes. On Dec. 1, 2014, Detroit police reported to Barnett’s residence. According to the police report, Barnett had fired one shot into the driver’s side window of his own vehicle, believing that he had seen someone in his vehicle. Barnett also stated to officers that there had been a woman seated at a table in his home and that an unknown man had been in the rear of his home.

The officers, however, did not see either of the people Barnett had described.

The officers confiscated Barnett’s gun, a black .40 caliber Smith & Wesson semi-automatic pistol. Later, the police transported Barnett to the hospital.

At that time, medical notes indicated that Barnett did not have any hearing or visual proble. Barnett denied having any visual hallucinations.

The doctors scheduled a series of medications, apparently addressing Barnett’s diabetes and hypertension.

On July 16, 2015, Detroit police again reported to Barnett’s residence. According to the police report, Deborah Kelly, Barnett’s girlfriend, had visited him. When Kelly left, Barnett said that he realized that his wallet and his gun, a black Smith & Wesson .40 caliber pistol, were missing. The police report stated that Kelly had taken the gun to secure it.

Barnett passed away on Oct. 15, 2015 at the age of 71. He left behind six children, at least one grandchild, an ex-wife, and a long-term girlfriend.

Shortly after Barnett’s death, MetLife received competing claims for Barnett’s life insurance benefits. In the years leading up to his death, Barnett had changed the beneficiary to his life insurance several times.

Here’s a list of Barnett’s beneficiary designation decisions, based on court documents. (Image: Allison Bell/TA)

On Nov. 4, 2015, LaShawn Barnett, Barnett’s daughter, alleged that Barnett had suffered from alcoholic hallucinations at the time he had changed the beneficiary from Kelly to his ex-wife, Shirley Conner-Barnett.

MetLife brought an interpleader to resolve the dispute among the potential beneficiaries. Although five potential beneficiaries were listed in the action, only two potential beneficiaries seemed to make claims to the benefits: Conner-Barnett and Edith Garnett.

Conner-Barnett moved for summary judgment.

The District Court’s Decision

The district court granted Conner Barnett’s motion.

In its decision, the district court explained that, to establish undue influence under Michigan law, it must be shown that the grantor “was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency and impel the grantor to act against his inclination and free will.” Motive, opportunity, or even ability to control, in the absence of affirmative evidence that it was exercised, were “not sufficient.”

The district court added that, in some transactions, the law presumed undue influence:

The existence of a confidential or fiduciary relationship between the grantor and a fiduciary;

The fiduciary or an interest that the fiduciary represented benefited from a transaction; and

The fiduciary had an opportunity to influence the grantor’s decision in that transaction.

Moreover, the district court observed, it was “frequently said” that a presumption of undue influence arose where the person benefitted was in a fiduciary, confidential, or quasi-confidential relationship, such as a trustee, attorney, physician, member of the clergy, or business adviser.

Here, the district court found, there did not appear to be an allegation of undue influence taken by any person with a fiduciary relationship. Therefore, it ruled, there was “no presumption of undue influence.”

The district court then examined whether Barnett had been “competent to contract,” and decided that he had been.

The district court explained that, in Michigan, competence to change a beneficiary on a life insurance policy was akin to the test of metal capacity to contract. The test of mental capacity to contract, it continued, was whether the person in question possessed “sufficient mind to understand in a reasonable manner the nature and effect of the act” in which the person was engaged. To avoid a contract, the district court added, it must appear “not only that the person was of unsound mind or insane when it was made, but that the unsoundness or insanity was of such a character that the person had no reasonable perception of the nature or terms of the contract.”

Similarly, the district court continued, the test to determine the mental competency of an insured at the time the insured attempted to effect a change of beneficiaries of a life insurance policy was whether the insured “then had sufficient mental capacity to understand the business in which the insured was engaged, to know and understand the extent of the insured’s property, how the insured wanted to dispose of it, and who [were] dependent upon the insured.” A mentally incompetent person was one who was “so affected mentally as to be deprived of sane and normal action.” According to the district court, a person may be incapable of conducting his or her business successfully “and still not be mentally incompetent.”

Michigan courts, the district court added, “generally presume the legality, validity, and enforceability of contracts.” This presumption included the assumption that the individuals signing a contract were mentally competent at the time of the signing, the district court noted. Therefore, the district court explained, the party seeking to invalidate an insurance designation (Garnett, in this case) had the burden of proving that the decedent lacked the legal capacity to contract.

The district court then ruled that evidence did not create an issue of fact that prohibited summary judgment as to the issue of undue influence.

It noted that one affidavit stated:

I have personal knowledge of the statements made in this Affidavit. During several conversations, [Barnett] indicated that he felt that Shirley and Deborah were forcing themselves back into his life and that they were manipulating him and his finances. It is my belief that, based upon these concerning allegations and my conversations with James, that Shirley and Deborah were taking advantage of him based upon his lack of understanding and confusion by changing his beneficiary designation to them.

The district court found a number of “problems” with this affidavit that led it to decide not to consider it. First, it said, the affidavit proceeded on hearsay, rather than personal knowledge. It added that the portions of the affidavit that were not hearsay were “conclusory, and insufficient to defeat summary judgment.”

The district court acknowledged that, with the affidavit excluded, the case boiled down to the police reports and Barnett’s medical records.

It found that, when viewing that evidence in the light most favorable to the non-moving party, it was clear that Barnett had “struggled with alcohol and hallucinated on at least two occasions.” It pointed out that six months after Barnett had shot a gun into his own vehicle while hallucinating, Barnett had changed his life insurance beneficiary from Garnett to Kelly. Then, two weeks after Barnett had called the police (seemingly and mistakenly believing that Kelly had taken his gun), he had changed his life insurance beneficiary from Kelly to Conner-Barnett.

The district court ruled that, at most, the evidence demonstrated that within a year of Barnett’s death, he suffered from a “weakened mental state due to hallucinations and alcohol.” It said that even if it accepted the argument that Barnett had been manipulated, that “still would not be enough survive summary judgment.”

That’s because demonstrating undue influence pursuant to Michigan state law was a “very high hurdle to clear” and there had to be more than the existence of “mere coercion or manipulation.” The district court ruled that the coercion had to reach a level that overpowered volition, destroyed free will and agency, and impelled the grantor to act against the grantor’s inclination and free will. In this case, the district court concluded, there was no evidence or argument that any manipulation, albeit in Barnett’s weakened mental state, had risen to a level to destroy Barnett’s free will and had forced him to act against his own free will.

The case is Metropolitan Life Ins. Co. v. Kelly, No. 16-cv-12544 (E.D. Mich. July 20, 2017). Attorneys involved include: For Deborah Kelly, Defendant: Michael J. Gildner, Simen, Figura,, Flint, MI. For Edith Barnett, Defendant: Trevor Weston, Fedor, Camargo & Weston, PLC, Birmingham, MI. For Shirley Conner-Barnett, Defendant: Dean E. Patrick, Law Office of Dean E. Patrick, PLLC, Southfield, MI.

—-Check out When Clients Want To Change Beneficiarieson ThinkAdvisor.