Jim Sams

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About Jim Sams

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So far Jim Sams has created 121 blog entries.
22 12, 2023

Nevada Supreme Orders New Trial in Malpractice Case, Finds Assumption of Risk Was a Bogus Defense

By | December 22nd, 2023|Uncategorized|Comments Off on Nevada Supreme Orders New Trial in Malpractice Case, Finds Assumption of Risk Was a Bogus Defense

A medical provider defending against a malpractice lawsuit cannot introduce evidence about assumption of risk if the patient acknowledges that she gave her informed consent, the Nevada Supreme Court ruled Thursday. “Informed consent evidence is inadmissible, and an assumption-of-the-risk defense …

14 11, 2023

Ohio Court Revives Dog Bite Injury Claim Against Insurer Due to Ambiguous Policy Exclusion

By | November 14th, 2023|Uncategorized|Comments Off on Ohio Court Revives Dog Bite Injury Claim Against Insurer Due to Ambiguous Policy Exclusion

An Ohio appellate court revived a dog bite injury claim against an insurer after finding that the terms of an exclusion in the homeowners’ insurance policy, intended to bar coverage for dogs with a history of violence, may not have …

7 11, 2023

New York No-Fault Fraudster Pleads Guilty, Agrees to Pay $40M in Restitution

By | November 7th, 2023|Uncategorized|Comments Off on New York No-Fault Fraudster Pleads Guilty, Agrees to Pay $40M in Restitution

A man whom federal prosecutors in New York say was the mastermind behind a $40 million automobile insurance fraud scheme pleaded guilty on Friday to bribery, health care fraud and identify theft charges. Alexander Gulkarov, 37, owned medical clinics in …

23 10, 2023

Fla. Insurers Imposing New Limits on Amounts Spent to Match Appearance

By | October 23rd, 2023|Uncategorized|Comments Off on Fla. Insurers Imposing New Limits on Amounts Spent to Match Appearance

The Florida Office of Insurance Regulation has approved policy forms filed by at least seven property insurers this year that limit the amount the carriers will pay to replace undamaged materials to create a matching, uniform appearance after repairs, state …

25 10, 2023

Illinois Court Ruling Allows Zurich to Proceed With Subrogation Action in $3 million Builder’s Risk Claim

By | October 25th, 2023|Uncategorized|Comments Off on Illinois Court Ruling Allows Zurich to Proceed With Subrogation Action in $3 million Builder’s Risk Claim

Zurich American Insurance Co. may pursue a subrogation lawsuit against a subcontractor that it says forced it to pay a nearly $3 million builder’s risk claim by designing a defective stormwater detention system during construction of an academic building at …

17 08, 2023

Social Media Investigations Are a Winning Strategy for Insurers

By | August 17th, 2023|Uncategorized|Comments Off on Social Media Investigations Are a Winning Strategy for Insurers

GARDEN GROVE, California — If you’re a plaintiff in an injury lawsuit against your insurer, you might want to ask your wife not to post videos online of you frolicking in a swimming pool. An Instagram post by a woman …

7 08, 2023

Appellate Court Rejects ‘Fishing Expedition’ Discovery Request to Home Depot

By | August 7th, 2023|Uncategorized|Comments Off on Appellate Court Rejects ‘Fishing Expedition’ Discovery Request to Home Depot

A Texas appellate court threw out a trial court order that approved a plaintiff’s overly broad discovery request in an employee’s personal injury lawsuit against Home Depot. A panel of the 9th Court of Appeals in Beaumont vacated a judge’s …

4 08, 2023

WCRI: Inflation Not a Big Deal for Workers’ Comp, Yet

By | August 4th, 2023|Uncategorized|Comments Off on WCRI: Inflation Not a Big Deal for Workers’ Comp, Yet

While fast-rising prices in the past year drove up claim costs for auto and property insurers, inflation has been a more ho-hum affair for the workers’ compensation line and health care in general, according to a new report by the …

1 08, 2023

Michigan Supreme Court: No-Fault Changes Are Not Retroactive

By | August 1st, 2023|Uncategorized|Comments Off on Michigan Supreme Court: No-Fault Changes Are Not Retroactive

Amendments to Michigan’s no-fault law passed by the state legislature in 2019 do not allow auto insurers to cut fees or limit hours of attendant care provided to auto accident victims who were injured before the changes took effect, the …

13 07, 2023

5th Circuit Asks Texas Supreme Ct. if Attorney Fees Owed After Insurer Pays Appraisal Award

By | July 13th, 2023|Uncategorized|Comments Off on 5th Circuit Asks Texas Supreme Ct. if Attorney Fees Owed After Insurer Pays Appraisal Award

A federal appellate court, grappling with conflicting decisions from federal courts, is asking the Texas Supreme Court to decide whether attorney fees can be awarded to claimants when insurers pay appraisal awards plus interest owed because of the late payment. …