Cassalin Blawat, 18, has been charged with assault for stabbing her boyfriend in Anchorage a couple of weeks ago. If she is convicted, or pleads either guilty or no contest to the charges, her civil...
Last Saturday, near Sport Lake Road, in the Soldotna area, Joshua Freeman, 20 and Samuel Willey, 40 got into an argument. Freeman allegedly shot Willey, who survived. Willey may bring suit against Freeman, and he would be smart to do so if Freeman is covered by a policy of homeowner's insurance or has significant assets. Unless Freeman had no excuse at all and intended, without any...
Federal prosecutors have charged Bernadine Dee Sponaugle, 49, of Anchorage with embezzling funds from her employer, Geneva Woods Clinic. But that will do the victim no good unless there is the right kind of insurance coverage in place to pay for the loss. The right coverage and a good attorney familiar with insurance law is usually the only way to recover from such a theft. Employers should...
Defendant Brown lost control of his vehicle and crashed into a "breakaway" light pole. It broke away, creating a hazard for other vehicles in the right of way. 90 minutes later an ATV driver came along, collided with the pole and suffered a serious head injury. The ATV driver, Winschel, sued Brown, whose insurance carrier denied the claim and successfully talked Fairbanks Superior Court Judge...
Allstate, Progressive, and other carriers are often quick to take coverage disputes to Federal Court. The carriers bring a "declaratory judgment" action against their own policy holders, and sometimes sue the party that may have been seriously injured or killed by their policy holder. The insurers try to get the Federal Court to side with them. Carriers take such steps even though they know...
Geico insured the mother of two...now three...a homemaker, who was 26 YOA on March 10 2001 when a Gieco-insured, 65 yoa male, now deceased, turned in front of her. She told the Dr. She was going 50 (in a 45) and had no seat belt on. Injury was cervical sprain with head turned to right to check on her kids in the back seat at the point of impact. After two years, Geico paid its $50,000...
Last week a very good lawyer lost a serious injury case in Palmer, Ak. The judge ruled that he could not explain to the jury why his client did and didn't do certain things because to do so would violate [this particular judge's interpretation of] an evidence rule that keeps the jury from hearing about insurance. It hurt the client's credibility in the eyes of the jury and resulted in a...
The insurance industry, with the exception of Allstate, has issued new policy language that allows carriers to deny uninsured and underinsured motor insurance claims, and force policyholders into a slow and expensive jury trial in order to get their claim resolved. But AS 21.89.035 makes it doubtful that the new language is enforceable. Because the statute demands that the insurance policies...
The Arbitration Fairness Act of 2007 would keep companies from making consumers give up their right to a trial by jury by forcing mandatory binding arbitration. Many consumer contracts, like are offered on a take-it-or-leave-it basis by EBay, lending institutions, brokerage firms, car dealerships, and health care providers take away your rights in the fine print. Consumers should support this...
Be careful, or your liability coverage won't help you if the seriously or fataly injured bring suit against you and you have "exluded" the driver of your vehicle from coverage. So held the Alaska Supreme Court June 29, 2007. Seriously injured Nelson sued the inured parents for negligent entrustment of their car to their son, who hit Nelson.Because parents had excluded son from their policy,...
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