In In re Westbank Holdings, LLC v. Interstate Fire & Cas. Co., No: 22-10082ADV & NO. 23-1010, 2024 WL 670755 (Bankr. E.D. La. Feb. 17, 2024), the insurers under a commercial insurance policy filed a motion for arbitration of the...      Related Stories ARBITRATION AND PREEMPTION OF FIRST-PARTY BAD FAITH CLAIMS.   ..read more

Yesterday on my Claims and Issues Blog, I wrote an article based on this quote from an article by Professor Ron Buliung of the University of Toronto, Despite Legislative Progress, Accessible Cities Remain Elusive The Conversation (online Jan. 24, 2024):...      Related Stories COMMENTING ON PROPOSED RULES AGAINST DISABILILTY DISCRIMINATION & MEDICAL DIAGNOSTIC EQUIPMENT THE ACCESSIBLE WHEELCHAIR USER'S BATHROOM   ..read more

ARBITRATION, INSURANCE POLICIES, AND INSURANCE BAD FAITH CLAIMS. In Crescent City Brewhouse, Inc. v. Indep. Spec. Ins. Co., NO. 23-7366, 2024 WL 640005 (E.D. La. Feb. 15, 2024), a Senior District Judge ruled on an insurance company's unopposed motion to...      Related Stories ARBITRATION AND PREEMPTION OF FIRST-PARTY BAD FAITH CLAIMS.   ..read more

If you are upset that Black men make up almost 28% of the head coaches in the National Football League, and that there might be even more Black head coaches in the NFL in the future, here are three big...      Related Stories FLORIDA INSURANCE LAW CHANGES:  THE 2023 REPORT, continued .... COMMENTING ON PROPOSED RULES AGAINST DISABILILTY DISCRIMINATION & MEDICAL DIAGNOSTIC EQUIPMENT SOME STATES HAVE BAD FAITH TORTS, SOME HAVE PENALTIES STATUTES.   ..read more

Here's a sample of leaving Comments on proposed rules. These are Comments I left on one of the Civil Rights Division's proposed rules on Nondiscrimination on the Basis of Disability in the use of Medical Diagnostic Equipment. Once I realized...      Related Stories TWENTY NUMBERED ISSUES, TAKE 3 FOR NOW:  END DISABILITY DISCRIMINATION. MEDICAL DIAGNOSTIC EQUIPMENT:  THE MEANING OF ACCESS FOR ALL. PERFECTION IS NOT REQUIRED.  "REASONABLE MODIFICATIONS":  THAT'S WHAT'S REQUIRED.   ..read more

In Snyder v. Erie Ins. Co., No. 1:22-cv-01205-STA-jay, 2023 WL 9503402 (W.D. Tenn. Dec. 12, 2023), the District Court summarized Tennessee law and the law applicable to this case: Tennessee insurers have a duty to act in good faith, and,...      Related Stories FLORIDA INSURANCE LAW CHANGES:  THE 2023 REPORT, continued .... “INVESTIGATIVE EXPENSES” RECOVERABLE IN INSURANCE BAD FAITH, WASHINGTON CPA CASE. FLORIDA APPRAISAL DID NOT DETERMINE CARRIER'S LIABILITY OR INSURED'S DAMAGES.   ..read more

Here is a challenging survey for you or anyone you know who is a wheelchair user and faces access issues to a bathroom. I have cut and pasted the survey questions to the bottom of this article because a form...      Related Stories TWENTY NUMBERED ISSUES, TAKE 3 FOR NOW:  END DISABILITY DISCRIMINATION. PERFECTION IS NOT REQUIRED.  "REASONABLE MODIFICATIONS":  THAT'S WHAT'S REQUIRED. MEDICAL DIAGNOSTIC EQUIPMENT:  THE MEANING OF ACCESS FOR ALL.   ..read more

For the past week, you have received and read about opportunities for Comments on rules that have been proposed to help make Medical Diagnostic Equipment accessible to all people: The identifier for the Federal government is RIN 1190-AA78, and you...      Related Stories PERFECTION IS NOT REQUIRED.  "REASONABLE MODIFICATIONS":  THAT'S WHAT'S REQUIRED. MEDICAL DIAGNOSTIC EQUIPMENT:  THE MEANING OF ACCESS FOR ALL. MAKING YOURSELF HEARD WITH COMMENTS ABOUT YOUR EXPERIENCES.   ..read more

The Department of Justice as it was run in 2017 withdrew previous attempts to look at whether equipment and furniture in "services, programs, and activities provided by State and local governments and public accommodations, are accessible to people with disabilities."...      Related Stories PERFECTION IS NOT REQUIRED.  "REASONABLE MODIFICATIONS":  THAT'S WHAT'S REQUIRED. MAKING YOURSELF HEARD WITH COMMENTS ABOUT YOUR EXPERIENCES. PUTTING THE SQUEEZE ON DISCRIMINATION ON THE BASIS OF DISABILITY.   ..read more

He rolled into the examination room in his wheelchair. There he stayed for the whole exam, in his wheelchair, while his doctor listened to his heart and lungs, looked inside his ears and throat, and then announced: "I assume everything...      Related Stories MAKING YOURSELF HEARD WITH COMMENTS ABOUT YOUR EXPERIENCES. PUTTING THE SQUEEZE ON DISCRIMINATION ON THE BASIS OF DISABILITY. NONDISCRIMINATION ON THE BASIS OF DISABILITY:  CIVIL RIGHTS DIVISION'S PROPOSAL.   ..read more