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The Rough Notes Company Inc.

Court Decisions

    DOESN’T ANYBODY READ THIS STUFF?

DOESN’T ANYBODY READ THIS STUFF?

Doesn’t anybody read this stuff? In a case described by the trial court as a “comedy of errors,” MAK Services, Inc., which was exclusively in the business of snow and ice removal, was issued a policy by Selective Way Insurance Company that excluded bodily injury, property damage, or personal and advertising injury arising out of snow and ice removal that are performed for others by the insured or by any

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LUNCHTIME SLIP AND FALL

Lunchtime slip and fall Rochelle Frett was injured when she slipped and fell at her place of employment during a scheduled lunch break. She filed a claim for benefits under the Georgia workers compensation act, but the state board of workers compensation denied her claim. Frett appealed, and the superior court upheld the denial of her claim. Frett then appealed the decision of the superior court, and the court of

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TAKE IT TO THE LIMIT

Take it to the limit Tim Johnson’s vehicle was involved in a collision with an uninsured motorist and he sustained injuries, including a neck injury that required two surgeries. At the time of the collision, Johnson was insured under three separate policies issued by State Farm Mutual Automobile Insurance Company. A policy issued in 2011 insured the vehicle that was involved in the collision, and a policy issued in 2017

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NO-FAULT CONUNDRUM

No-fault conundrum These consolidated cases arose out of auto accidents that triggered personal injury protection (PIP) coverage pursuant to the insureds’ personal automobile policies with Geico General Insurance Company (GEICO). Beacon Healthcare Center, Inc., provided rehabilitation therapies to the GEICO insureds. During the insureds’ initial consultations at Beacon, the treating physician (and Beacon’s medical director), Dr. Michael Formisano, prescribed physical therapy using what are known as “modalities” that include use

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Fork over the photos

Fork over the photos James Simmons owned a residence that was insured under a homeowners policy issued by Avatar Property & Casualty Insurance Company. After damages to his residence, Simmons sued Avatar for breach of contract, alleging that Avatar failed to perform under the policy. During discovery, Simmons served on Avatar a request for production of (1) any and all videos and photographs in Avatar’s possession related to Simmons’ claim

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