| Insurer's Duty of Good Faith and Fair Dealing in Handling Claims of Insureds and Third Parties |
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| If an insured does not think that his insurer handled his claim properly, he may have some recourse. Every contract contains an implied covenant of good faith and fair dealing that neither party will hinder the right of the other to receive the benefits of the contract. The duty imposed by this covenant applies to insurers and insureds. Some courts go so far as to hold the insurer to be a fiduciary to the insured.More... |
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| The Duty of Children |
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| Generally, the law requires a person to exercise the degree of care that a reasonably prudent person would exercise under the same circumstances. This is called "the duty of reasonable care." A person who breaches his duty of reasonable care is guilty of negligence.More... |
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| Wrongful Death & Survival |
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| Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs.
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| Rules Regarding Signaling and Turning a Motor Vehicle |
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| A driver is not entitled to turn his or her motor vehicle or to move left or right on a highway or roadway unless the turn or the movement can be made with reasonable safety. The driver is required to give an appropriate signal prior to making the turn or the movement. The driver is also required to give an appropriate signal prior to stopping his or her vehicle or prior to suddenly decreasing the speed of his or her vehicle.More... |
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| Taxation of Personal Injury Awards |
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| In accordance with Section 104 of the Internal Revenue Code, a taxpayer's gross income does not include any damages that are received on account of personal physical injuries or physical sickness. It does not matter whether the damages have been obtained by a court order or through a negotiated settlement. It also does not matter whether the damages are paid in a lump sum or in accordance with a structured settlement that provides for periodic payments. Therefore, any monetary payments to a plaintiff for the plaintiff's physical injuries are not taxable to the plaintiff.More... |
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