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Contingent Fees Insurance Law Medical Malpractice Personal Injury Springfield Injury Lawyer Blog Workers Compensation

Caselaw Update

I spoke at the Illinois Trial Lawyers seminar in September 2014. I gave an update on tort law.  Below is a breakdown of the cases that I discussed.  There were a few already on this blog that I did not include.  Enjoy.  Feel free to contact me at Ackerman Law Office if you have questions or want to hire me.  217-789-1977. Sharbono v Hilborn  In Sharborno v Hilborn a woman went in for a mammogram in November 2004.  The defendant Dr. concluded that the lesion was benign. He did not order a biopsy. Two years later she went to her family doctor complaining of cramping her      Read more…

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Insurance Law Personal Injury Springfield Injury Lawyer Blog

Stacking Underinsured Policies

Underinsured Stacking The first District Court of Appeals decided an interesting case about stacking as applies to uninsured and underinsured policies. In Allstate vs Trujillo 2014 Il.App (1st) 123419, the court decided that parties can stack there underinsured (UDIM) policies. Allstate filed suit for declaratory judgment against plaintiff. The plaintiff was a passenger in a car insured by a person named Delgado. Delgado had a liability policy through Allstate which had limits of $100,000 per person, and $300,000 per accident. The same policy had $100,000 in UDIM coverage. The other driver had a $20,000 policy with American Access insurance. American Access tendered      Read more…

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Insurance Law Springfield Injury Lawyer Blog

Consumer Guide for Affordable Care Act / Obamacare

For those of you interested in the Affordable Care Act/Obama care, we had Robert Wagner on the show Saturday, November 23, 2013. I know many people distain the Affordable Care Act, and will even had a few people who make calls it were apparent they did not like it, but it is apparently going to be law now, so I thought it appropriate to have an expert on the subject on the year. I tried to make the interview with him as unbiased as possible, given the controversial nature of the act. While I am not sure you can never do that      Read more…

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Insurance Law Liens on Personal Injury Personal Injury Springfield Injury Lawyer Blog

Uninsured / Under-insured Proceeds Are Subject to Lien Claims Under the Health Care Services Lien Act

In McRoberts v. Porter, the Appellate Court considered the application of the Health Care Services Lien Act and its application to uninsured/under-insured claims. The Health Care Services Lien Act provides that any healthcare professional who renders any service in the treatment, care, or maintenance of an injured person…should have a lien upon all claims and causes of action of the insured person for the amount of the healthcare professionals or healthcare providers reasonable charges up to the date of payment of damages of the injured person. The total amount of liens, under this act, however, shall not exceed 40% of the verdict, judgment,      Read more…

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Insurance Law Springfield Injury Lawyer Blog

The Discovery Rule in an Insurance Loss Does Not Begin to Run When the Insurance Company Says They Will Cover No More Damages

In Hoover v. County Mutual Insurance Company, the Plaintiff filed a complaint against Country Mutual. The Plaintiffs had suffered a loss at their home when an explosion destroyed their house. The insurance policy had a one year time limitation in the policy. Plaintiffs filed suit for breach of contract, bad faith, and negligent misrepresentation. They plead that the statute of limitations had been tolled for over two years because they did not learn of their injury until they were advised that Country Mutual would not be making further insurance payments. The insurance company responded the Plaintiffs knew or reasonably should have      Read more…