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The Rough Notes Company Inc.

Court Decisions

UM dispute: Challenge to other-owned-vehicle exclusion

UM dispute: Challenge to other-owned-vehicle exclusion On August 15, 2012, Paul Galipeau was killed in a motor vehicle accident while riding his motorcycle. With the consent of his automobile insurer, State Farm Mutual Automobile Insurance Company, his estate settled a claim against the party at fault for $50,000, the limit of that party’s liability policy. Galipeau and his wife, Judith, the personal representative of his estate, were insured under four

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Watch your language: Notice wording bites insurer

Watch your language: Notice wording bites insurer Tim Clark was injured in a car accident in Missouri in 2010. The driver of the other vehicle, Carla Zender, was at fault. Zender carried a $100,000 automobile liability policy, and Clark settled with her and her insurer for that amount. In consideration of the settlement, Clark released Zender and her insurer from further liability arising out of the accident. Clark did not

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Loose log wreaks havoc: Must UM insurer pay?

Loose log wreaks havoc: Must UM insurer pay? On February 15, 2012, James Lawrence Bennett was traveling west on Georgia 32 in Brantley County while driving a Freightliner tractor-trailer truck. He was traveling alone, and the truck was empty at the time. A tractor-trailer hauling a load of logs approached him traveling in the opposite direction. It was undisputed that, as the two tractor-trailers passed each other, a log hanging

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Every minute counts in cancellation dispute

Every minute counts in cancellation dispute On July 27, 2010, a vehicle operated by Darlene Shelmire collided with a vehicle operated by Beverly Smith when Shelmire proceeded through an intersection without yielding the right of way. Smith filed a petition for damages, naming Shelmire and her insurer, Gramercy Insurance Company, as defendants and asserting that she sustained injury as a result of the accident. Gramercy generally denied the allegations. Gramercy

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Parsing “vacancy” in water damage claim

Parsing “vacancy” in water damage claim Kut Suen Lui and May Far Lui owned a building that contained tenant space. The building’s last tenant, the Agape Foundation, Inc., left the building in the first week of December 2010 after being evicted by the Luis for failure to pay rent. The building was not subsequently rented. On or about January 1, 2011, less than 60 days after the Agape Foundation moved

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