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Insurance law

December 2005 | Volume 41, Issue 13

After Katrina, a deluge of denials
Carmel Sileo

The worst storm in recent U.S. history left more than broken buildings behind. It also left a bitter fight between homeowners and insurers over what caused the damage to their homes—and who should pay for it. Litigation may be the only way to hold insurers to their promises.

Battling for benefits
William T. Payne, John Stember, and Stephen M. Pincus

Loyalty to an employer no longer guarantees that the company will treat its longtime employees well—at least when it comes to health insurance benefits for retirees. Increasingly, companies are asking their departing workers to bear a larger share of the health insurance payment—and in some cases dropping coverage entirely. Case law can help you ensure fairness for retirees, especially those who were union workers.

Multiplying coverage in collision cases
Chris D. Glover and Josh J. Wright

One car crash can have many “occurrences”: moments when disaster could have been averted but wasn’t, each one adding to the accident’s seriousness, your client’s injuries—and, potentially, his or her recovery. Here’s how courts have approached the “multiple occurrences” issue.

Features

Protecting children from negligent mental health care
Allen P. Wilkinson

Negligent treatment of children who have mental disorders can leave them worse off than they were before, with psychological injuries that are long-lasting and profound. Children need protection from incompetent therapists as much as adults do, yet few cases have appeared in court. Don’t let a lack of precedent keep you from pursuing justice for these young victims.

How safe are child safety seats?
R. Douglas Gentile

Many child seats used in cars, while meeting minimum federal safety standards, fall far short of providing adequate protection for children in collisions. Manufacturers can do much more to prevent serious injury and death.

News & Trends

Viagra causes blindness, lawsuits allege

Georgia court declares tort ‘reform’ provision unconstitutional

Judicial Conference OKs e-discovery rules, with revised notes

Rule on citation of ‘unpublished’ opinions almost final

Children of uninsured drivers get full coverage in Pennsylvania

Army base residents settle disability bias claim against contractor

Contingent-fee caps don’t achieve ‘reform’ goals, study finds

Night blindness is a disability under the ADA, says Second Circuit

Departments

President’s page
Reflections from the storm zone

Letters

Supreme Court review
Rehnquist scaled back rights of the accused

Hearsay

ATLA in motion

Hurricane alters fall agenda on the Hill; dozens of bills introduced

New litigation packet aids members pursuing heart device claims

Groups to push ‘reform’ proposals in 2006

Defending civil justice in three simple steps

Straight talk about lawsuits

Classifieds

Lawyer Networking

Products & Services

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Balancing the Scales of Justice
American Association for Justice
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