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Court Decisions

Leaking like a sieve

Leaking like a sieve Ivy and Glasford Robinson owned property that was insured by Safepoint Insurance Company. They informed theinsurer that a water leak on their prop-erty occurred suddenly on April 9, 2015. Safepoint denied the claim, charging that the Robinsons were attempting to commit a fraud on the court because, in her deposition, Ivy repeatedly testified that the restoration services company they used to remediate the damage from the

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The wheels on the bus go round and round

The wheels on the bus go round and round While driving a school bus for her employer, Jennifer Rodriguez was injured when a stolen vehicle crashed into the bus. Old Republic Insurance Company, her employer’s workers compensation insurer, paid for 12 weeks of chiropractic treatment that Rodriguez received at ChiroFirst, P.A. Old Republic then notified ChiroFirst that, because additional chiropractic treatment was not indicated under the treatment parameters set forth in the

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Parsing statutes of limitations

Parsing statutes of limitations On September 30, 2012, a vehicle operated by Dawn Williams was stopped at a traffic light when it was struck by an uninsured vehicle operated by Arly Barros and owned by Anthony’s Services, LLC. Williams sustained serious injuries for which she received extensive medical treatment, including several surgical procedures. The total cost of her medical care was approximately $189,000. On or about November 12, 2015, Williams’

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Rain on the roof: Must insurer pay for damage?

Rain on the roof: Must insurer pay for damage? Rita Garcia owned property in Miami that was insured under a homeowners policy with First Community Insurance Company. On or about March 29, 2014, Garcia discovered water damage to the property that she alleged was caused by a roof leak. Garcia gave notice of the loss to First Community. On June 10, 2014, a forensic engineer retained by the insurer inspected

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When the shoe is on the other foot

When the shoe is on the other foot Between 2009 and 2011 Vibram, a producer of minimalistic shoes that simulate walking and running barefoot, purchased commercial general liability policies from Holyoke Mutual Insurance Company and Maryland Casualty Company. The policies provided coverage for personal and advertising injury liability. With certain enumerated exceptions, the policies stated that the insurers had a duty to defend Vibram from any suit seeking damages for

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