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26 Apr 2024, 11:21 am
Once a child support lien is discovered, the insurance company is legally obligated to satisfy the lien from the settlement proceeds before disbursing the remainder to the claimant. [read post]
26 Apr 2024, 11:21 am
Once a child support lien is discovered, the insurance company is legally obligated to satisfy the lien from the settlement proceeds before disbursing the remainder to the claimant. [read post]
26 Apr 2024, 9:08 am
Section 5107(b) of Title 38 provides that, “[w]hen there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary [of Veterans Affairs] shall give the benefit of the doubt to the claimant. [read post]
26 Apr 2024, 5:32 am
So, here’s how to increase the efficiency and success of your disability claim. [read post]
25 Apr 2024, 11:28 pm
The claimant’s case was that the DC Fund assets remaining with the defendant were held on trust by the defendant for the claimant and other investors in the DC Fund and were not subject to the BVI liquidation proceedings. [read post]
25 Apr 2024, 12:17 pm
The Court of Appeal went on to re-assess the originality of the graphic user interface (or more specifically, the “risk and price charts” identified in the claimant’s pleadings) applying the correct test of the “author’s own intellectual creation”, before concluding that they were original. [read post]
25 Apr 2024, 10:02 am
It’s an invisible disability. [read post]
25 Apr 2024, 8:18 am
In an ideal world, insurers would treat their customers and reasonable claimants fairly. [read post]
25 Apr 2024, 7:08 am
The Claimants’ level of distress was also relevant. [read post]
24 Apr 2024, 8:24 am
” 2 For instance, say an insured’s car collides with an oncoming car and causes the oncoming car to hit a third car. [read post]
23 Apr 2024, 4:33 pm
Consequently, the judge awarded death benefits to the claimant, ruling that the decedent’s death was work-related and compensable under the Defense Base Act (the Act). [read post]
23 Apr 2024, 12:55 pm
To require significance adds words to Title VII and imposes a new requirement on claimants that goes beyond what the law requires. [read post]
23 Apr 2024, 12:36 pm
In subsequent civil actions, the claimants alleged that Stout overvalued the ESOP’s holdings and induced Appvion’s employees to invest their retirement savings in the ESOP. [read post]
23 Apr 2024, 10:52 am
The amount is supposed to ‘erode’ gradually over time as a person’s benefit increases. [read post]
23 Apr 2024, 8:36 am
This tactic relies on the claimant’s lack of knowledge about their entitlements or immediate need for financial relief. [read post]
23 Apr 2024, 2:48 am
The requirements for a claim based on unjustified enrichment are that the defendant must be enriched, the claimant must be impoverished, the enrichment must be at the expense of the claimant and the enrichment must have been unjustified (without cause). [read post]
23 Apr 2024, 2:48 am
The requirements for a claim based on unjustified enrichment are that the defendant must be enriched, the claimant must be impoverished, the enrichment must be at the expense of the claimant and the enrichment must have been unjustified (without cause). [read post]
22 Apr 2024, 4:01 am
The respondent was not reliable when she told the Court that she did not appreciate that the claimant would be arrested when she made this sort of report to the police, and the ability to report alleged misdeeds by the claimant to the police became a weapon used frequently by the respondent against the claimant. [read post]
22 Apr 2024, 1:06 am
The court held that the letter had not been published, meaning that the claimant’s claim for libel and misuse of private information failed. [read post]
19 Apr 2024, 12:13 pm
Justice Kagan grounded her decision in the plain text of Title VII, reasoning that a heightened standard of “significance” would “add words” to the text of Title VII and impose a requirement on Title VII claimants that the law as written does not demand. [read post]