What is Insurance?
Insurance is, “a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. The party agreeing to make the compensation is usually called the “insurer” or “underwriter;” the other, the “insured” or “assured;” the agreed consideration, the “premium;” the written contract, a “policy;” the events insured against, “risks” or “perils;” and the subject, right, or interest to be protected, the “insurable interest.” (Black’s Law Dictionary 946. 4th Ed. Rev. 1968)
An insurance policy is a contract in which an individual or entity (the policyholder) pays an insurance company (the insurer) in regular payments in exchange for financial protection over specific risks or losses. For example, medical insurance helps to cover medical costs, such as hospital visits, hospital stays, and medications. Similarly, auto insurance helps to cover damages incurred from car accidents. Insurance payments are known as premiums. Insurance contracts typically limit the amount of costs that an insurance provider may be required to pay.
The McCarran-Ferguson Act (15 U.S.C. § 1011) grants many aspects of insurance regulation to individual state governments. However, federal laws like federal taxes do apply to insurance, and must be acknowledged. Insurance is important to the legal system, as it helps protect individuals, those who cause harm to individuals through negligence, and any third party that is faced with the burden of compensating for an injury.
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Graduation time dangerous for teen drivers
According to the National Highway Traffic Safety Administration (NHTSA) graduation time is one of the most dangerous times for teens on the road. Texting, underage drinking, and other distractions lead to tragedies that can be avoided through communication and education.
Car crashes are the leading cause of death for teens in our country and about a third of those are alcohol related, according to Mothers Against Drunk Driving (MADD). Interestingly, more than one-third of the year’s alcohol-related teen car fatalities occur around prom and graduation time.
In addition to an increase in teen drinking around these events, there is also an increase in nerves and excitement. It has been determined that the crash rate for teens goes up with additional passengers in the car, as this causes added distractions. A 2012 study by AAA concluded that the risk increases by almost half when a 16- or 17-year-old driver has one teenage passenger, […]
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Workers’ Compensation Questions & Answers
Frequently Asked Workers’ Compensation Questions
Q: I’ve Been in an Accident at Work. What’s the First Thing I Should Do?
A: Right after a job-related accident, no matter how minor it may seem, you should immediately report your injury to your supervisor and make sure that a written record is made. Once you report the injury, seek medical assistance as soon as possible to learn how severe the injury is and get treatment. Both these two steps are crucial for your claim. If you fail to report the accident to your supervisor as soon as possible, your claim may be denied.
Q: Is There a Statute of Limitations for Workers’ Compensation Cases?
A: Under Pennsylvania law, a notice of any injury suffered while on the job must be provided to a supervisor at your place of employment within 120 days of the date of injury. […]
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Pennsylvania personal injury lawyer warns spring is a dangerous time for dog bites
Spring is finally here, and after a long, cold winter in Northeast Pa, that means going outside to enjoy the warmer weather. The warm-up will also bring more dog owners outside to walk their pets, which may be why the incidence of dog bites always seem to increase in the spring.
According to the American Humane Society (AHS), an estimated 4.7 million dog bites occur in the U.S. each year. Nearly 800,000 of those bites require medical attention. The AHS also reported that at least 25 different breeds of dogs have been involved in 238 dog-bite-related fatalities in the U.S.
The American Pet Products Association found that pet ownership is at an all-time high. There are currently 83.3 million dogs in the U.S., which are kept by 56.7 million households. The number of dog bites, as well as their severity, has risen dramatically since the 1980’s. […]
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Attorney Marion Munley’s Article on the Vanishing Jury Trial in The Scranton Times
As seen in The Scranton Times. America’s long and proud history has been shaped by lawyers and judges who made lasting contributions to the preservation of individual liberties guaranteed by the Constitution. To the Founders, the right to jury trial, secured by the Seventh Amendment, was on par with the right to vote and the right to free speech. In the initial draft of the Declaration of Independence, Thomas Jefferson’s litany of abuses by the king included, prominently, “depriving us of the benefits of trial by jury.”
Jefferson considered “trial by jury as the only anchor ever yet imagined by man that holds the government to the principles of its Constitution.” Jurors are true public servants who commit their time, critical thinking and impartiality to their fellow Americans. Jurors serve as checks and balances on our judicial system, and a jury trial is a fundamental right critical to our democracy. […]
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Defending Yourself After a Trucking Accident – Advice from Dan Munley, Personal Injury Attorney at Munley Law Personal Injury Attorneys
While I’ve seen them often, it always pains me to see trucking and car accidents. The one that took place today on I-94 in Michigan City, Indiana is one of the worst semi-trailer accidents this lawyer has seen. According to NBC Chicago’s report of the accident, three deaths have already been confirmed. The crash involved over 15 semi-trailers (semi-trucks) and dozens of passenger vehicles, which were pinned underneath these large semi trucks. Many of the injured were taken to University of Indiana Health-LaPorte Hospital for treatment of injuries.
Sadly, many of these victim’s families are probably at the hospital right now, focused on their loved one’s safety, meanwhile, the law firms representing the insurance companies are likely already beginning to do everything they can to minimize compensation or reimbursement for pain and suffering. That includes making evidence disappear quickly. I know this because I’ve seen it done before in cases I’ve represented just like this. […]
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