Sunday, December 16, 2012

Notice of claim, insurance coverage, and roasted quail with cranberry and port wine sauce and grilled squash


Insurance -- Property -- Notice of claim -- Untimely notice -- Trial court erred in finding that insured's untimely notice of claim, served twenty-nine months after alleged loss, barred claim as matter of law -- Proper inquiry is whether insurer was prejudiced by untimely notice -- Remand for reconsideration of insurer's motion for summary judgment and insured's response for purposes of prejudice analysisKINGS BAY CONDOMINIUM ASSOCIATION, INC., Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 4th District.


Timely Notice: DELAY IN NOTICE DOOMS PROPERTY OWNER'S COVERAGE CLAIM, 2ND CIRCUIT SAYS, Pfeffer v. Harleysville Group, 8 No. 16 Westlaw Journal Insurance Bad Faith 11, Westlaw Journal Insurance Bad Faith December 11, 2012
An apartment building owner who notified his insurance company more than two years after he learned a construction job had damaged his building failed to give his insurer timely notice of his claim, the 2nd U.S. Circuit Court of Appeals has affirmed. Although the owner notified his broker nearly immediately after learning of the damage, "notice to a broker is not notice to the carrier" under New York law, a three-judge appeals court panel said in a written opinion.



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Friday, December 14, 2012

Euro Court accepts dismissed ACLU suit originally rejected in US court

In a Dec. 13, 2012 post from Martha Neil on the ABA Journal, the Euro Court ruled, in a lawsuit originally filed in the U.S. but dismissed, that the man mistaken for a Terrorist was brutalized by the CIA.  "When a German car salesman filed suit in the U.S. claiming that he had been mistaken for an al-Qaida terrorist with a similar name and held for months and interrogated and brutalized in Macedonia and Afghanistan as part of a clandestine rendition program operated by the CIA, the case was dismissed because allowing the American Civil Liberties Union to pursue it would have violated a state secrets privilege.

But the European Court of Human Rights on Thursday found that Khaled el-Masri had been shackled, hooded, severely beaten and sodomized "at the hands of the CIA rendition team," the Associated Press reports.
The Guardian, the New York Times and the New Yorker's Close Read page also have stories and a post on NPR's blog, The Two-Way, provides additional background about the case.
Macedonia said it accepted the ruling of the court, which is based in Strasbourg, France, and would pay the judgment of approximately $78,000 awarded. The CIA declined comment.
In a press release last year, the ACLU discusses a petition it filed with the Inter-American Commission on Human Rights seeking redress against the U.S. There has reportedly been no response, so far, from the U.S."

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Monday, December 3, 2012

Ineffective assistance of counsel, unpled damages, and fresh kale sauteed with garlic, pistacchios, and topped with Manchego cheese shavings



 Criminal law -- Ineffective assistance of counsel -- Appeals -- Record does not justify resolving ineffective assistance of counsel claim on direct appeal -- Defendant may seek relief via rule 3.850 motionRONALD FOX, Appellant, v. STATE OF FLORIDA, Appellee. 1st District.

Criminal law -- Post conviction relief -- Timeliness of motion -- Petition for belated appeal from conviction and sentence did not toll time limit to file rule 3.850 motionWILBER BHERVIZ, Appellant, v. STATE OF FLORIDA, Appellee. 4th District.

Health Care Reform (Contraception): OBAMA HEALTH LAW TO FACE RELIGION-BASED CHALLENGE, Liberty Univ. v. Geithner, 20 No. 7 Westlaw Journal Health Law 1, Westlaw Journal Health Law November 29, 2012
(Reuters) - The U.S. Supreme Court on Nov. 26 cleared the way for a Christian college to pursue a religion-based challenge against part of President Obama's health care reform, which it claims forces taxpayers and employers to subsidize abortions and contraception. Liberty University, based in Lynchburg, Va., may now also argue that Congress exceeded its power by requiring big employers to provide health care coverage to workers, though legal experts said the argument faces an uphill battle

Insurance -- Uninsured motorist -- Damages -- Trial court erred in denying insurer's motion for remittitur or new trial where verdict's award of damages for future medical expenses was not supported by evidence -- Where damages are sought for future medical expenses, only medical expenses that are reasonably certain to be incurred in the future are recoverableGEICO INDEMNITY COMPANY, Appellant, v. POLLIE DeGRANDCHAMP, Appellee. 2nd District.



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