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Insurance claim or case example

Law Office Not Liable For Injuries Caused By Office Chair Collapse

The Supreme Court of Alaska has ruled that a law office is not liable for ordinary negligence and strict products liability when an overweight person is injured by an office chair that collapsed. According to Charles Burnett v. Kenneth Covell, Charles Burnett went to the Fairbanks, Alaska, law offices of Kenneth Covell in May 2002 to participate in a meeting with Covell and one of Covell’s clients. Upon sitting on one of the office chairs, Burnett, who weighed approximately 330 pounds, was injured because the chair collapsed. Covell had owned the chair since he bought the practice in 2000. Thus,… Read More »Law Office Not Liable For Injuries Caused By Office Chair Collapse

California Alleges Trucking Firms Avoid Workers Comp. Coverage

California Attorney General Edmund Brown Jr. ast week filed two lawsuits against trucking companies that classified their drivers as independent contractors, allegedly to avoid paying workers compensation premiums and state taxes. The suits against Pac Anchor Transportation Inc. and its business associate Alfredo Barajas, and Jose Maria Lira, a fleet operator, were filed in Los Angeles Superior Court. Both companies transport cargo from the Ports of Los Angeles and Long Beach and are the first in what Mr. Brown said would be a series of lawsuits against trucking companies in California. According to court documents, Long Beach, Calif.-based Pac Anchor misclassified… Read More »California Alleges Trucking Firms Avoid Workers Comp. Coverage

California Malpractice Case

A jury has awarded $8.5 million to the widow of a Modesto, Calif., man who died on the day a surgeon was going to discharge him from the hospital. Because of medical malpractice limits, 38-year-old widow will receive only $1.6 million of that amount.Widow’s husband, 49-year-old man, broke six ribs in a motorcycle accident in 2002.Widow’s attorney argued last week in Superior Court that doctor should have more closely monitored the patient. X-rays showed he had one gallon of liquid backed up in his stomach four hours before he died, and he had previously been resuscitated.Man died in Medical Center… Read More »California Malpractice Case

Another Claim Scenario

Insured: Software Developer & Consultancy Scenario: The Insured entered into a contract for the design and development and supply of software. Two years later the software was incomplete and contained numerous errors. Problem: The third party rejected the software and dismissed the insured. The third party abandoned the software altogether and engaged another party to develop a fresh solution. Outcome: Proceedings were brought for breach of contract, claiming repayment of the contract price ($600,000) and damages for wasted expenditure.The insured relied on a clause limiting its liability to $25,000 in respect of each contract, the third party claimed the terms… Read More »Another Claim Scenario

Claim Scenario

Insured: Reseller of Software Scenario: The third party wanted a system to support their accounting and financial reporting requirements as well as a point of sale system to handle their retail and wholesale operation. The insured had various stores within a capital city, which were all to be connected to each other and head office. The insured had the distribution rights for a well-known software package, which provided both back office and sales function. Problem: Late Delivery of the System.Data was dropping out of the point of sale system. The automatic ordering system was not updating into the main system.The… Read More »Claim Scenario

Infringement Case AA vs. Google was dismissed

American Airlines, a unit of AMR Corp., dropped a trademark lawsuit against Google Inc. over the search engine’s use of the carrier’s name to trigger paid Internet advertisements for competitors. The infringement case was dismissed yesterday by U.S. District Judge John McBride in Fort Worth, Texas, where AMR is based. Both companies agreed to pay their own legal fees in the case, which was filed in August. The settlement terms are confidential, AMR spokesman Tim Smith said. American claimed Google violated its trademark by allowing competing airlines to bid on keyword searches that generate “sponsored link” ads on search-results Web… Read More »Infringement Case AA vs. Google was dismissed