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Hidden Crosswalk

VN:R_U [1.9.1_1087]
+2 (2 votes)

Our insured parking garage has an entrance requiring cars to make a sharp right immediately upon entering. Unfortunately, there’s a cross-walk marked in red in the path of the turning cars. Plaintiff was pushing a huge cart of boxes across the crosswalk. Defendant, traveling at 5 mph, struck the boxes, destroying 8 computers and some other electronics. Plaintiff also claimed a back strain from the incident (he wasn’t directly hit). We settled the case. The day after settling, there were 3 more accidents in the crosswalk in the same day!

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IME Credibility Attack

VN:R_U [1.9.1_1087]
+2 (2 votes)

Plaintiff showed up for his independent medical examination (IME) requested by the insurance company and cooperated. After the IME, he was given a survey to fill out about his IME experience. He rated everything as excellent. In the comments section, he wrote, “Dr. listened to what I told him. Better than my own doctors.” At the arbitration in the case, Plaintiff testified that the IME doctor didn’t listen to what he said. The defense attorney then used the survey in cross-examination to attack Plaintiff’s credibility. We received a favorable arbitration decision.

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Huge Thanksgiving Potluck Claim

VN:R_U [1.9.1_1087]
+2 (2 votes)

We received a claim against our insured church from hundreds of people who contracted food poisoning from a very large potluck on Thanksgiving. There’s also 2 claimants who sustained injury from chairs that were pushed against the table to hold attendees’ places. They tripped on the chair legs and fell. In total, there are 337 claims out of the 492 attendees at the function. It looks like we have our work cut out for us! We might not insure this event in the future.

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The Perils of Parking Garages

VN:R_U [1.9.1_1087]
+2 (2 votes)

Claimant had an appointment with an orthopedic doctor to follow up for his fractured leg. He couldn’t find parking in the lot adjacent to the doctor’s office and so he parked in our insured’s two story parking structure across the street. He parked on the bottom floor and after he got on his motorized scooter he realized there was no elevator. There were stairs or he could ride the scooter up a steep ramp. He felt forced to take the ramp even though cars used it. When he was almost at the top, a car turned into him and injured him (now, his arm was fractured too). The car’s no fault insurance is paying for his treatment. We haven’t paid anything yet, but anticipate he might file a premises liability claim. We will deny negligence, because it was his choice to ride up the ramp. He could have driven out of the garage in his car and found a different parking space.

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Drunken Fall Denial

VN:R_U [1.9.1_1087]
+2 (2 votes)

Claimant slipped in a casino and then filed a claim. Videotapes showed that he was intoxicated–even before he came into the casino. We denied the claim. His intoxication was the cause of the fall, not any alleged condition of the floor.

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GAG, OUCH, CAUTION WITH NEW THERMAL CUPS

VN:R_U [1.9.1_1087]
+3 (3 votes)

Our Insured was driving to the mall and had prepared some diet lemonaide to take with her in her new Thermal Cup. It is one of the new Thermal Cups that keeps hot items hot and cold items cold. It can keep ice cubes in the cup for 8 hours. It comes with a skinny metal straw. She was driving along and took a sip out of her Thermal cup and was hit in the middle of an intersection. The skinny metal straw jammed into the back of her throat and was like a weapon. It damaged her larynx and cut into a major artery. She almost died at the scene as it took the paramedics awhile to get there. We do not yet know the extent of her injuries.

So be cautious when drinking and driving with the Thermal cups that have a metal straw.

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Next Time, Move Around

VN:R_U [1.9.1_1087]
+3 (3 votes)

Claimant made a negligence claim with our insured airline, because she was forced to share half of her seat with a large man. She claimed that she developed a blood clot from being cramped for 5 hours in a very small space. She’d asked to be moved, but there were no more seats. She was offered the option to book a later fight, but elected not to do so. In her deposition, she admitted that she only got up twice from her seat for a few minutes. She didn’t move her legs or wear compression socks, even though she had a history of blood clots. Witnesses testified that the man only encroached on about 1 inch of Claimant’s seat. We denied the claim.

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SUICIDE TURNS INTO MURDER

VN:R_U [1.9.1_1087]
+3 (3 votes)

Ripped from the headlines:  A young woman driving on the highway was killed when a 12-year-old boy jumped off of a Virginia overpass and landed on her car in an alleged suicide attempt.

The unidentified jumper fell from above I-66 in Fairfax County around 4:15 p.m. Saturday, striking the driver’s side of the car.  The driver was only 22 years old from Maryland and was pronounced dead at the scene after her boyfriend, in the passenger seat and not injured, took control of the car and steered it to safety.

The boy who jumped is being treated for life-threatening injuries and will now be charged with murder.   Suicide can be a selfish act.  This time it took another life and ruined two families.

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