California Personal Injury and Insurance Blog

Allstate Refuses to Turn Over Documents

Apparently, Allstate thinks that both a judge and the MO Supreme Court do not know what the law is. Or, at least, that is the position they are taking. In September, Allstate was ordered to turn over documents in a bad faith case against it. The judge set the fine at $25,000 per day. The MO Supreme Court, last month, agreed that Allstate had to turn over the documents. Yet, Allstate still refuses, according to Joe Lambe at the Kansas City Star.

Now, here is the best part. Allstate's attorney says that they have a principled difference and cannot turn them over until someone "says what the law is." Now, all of you reading this probably know that the law is what the court says it is, and it is especially true when the state Supreme Court tells you what the law is. However, Allstate apparently thinks that doesn't apply to it. Interesting. The judge told Allstate that he has told them what the law is, but that, I guess, was not persuasive to Allstate.

I will keep you updated on this. Allstate is fighting awfully hard to keep these documents a secret. My guess is that if the documents become public they will strike a huge blow at Allstate and their image of "good hands."

Qui Custodes

It is the time of year when personal safety should be on the top of your head. Well, it should be year round, but especially now around malls and shopping centers.

My friend David Kaufman has a great personal safety blog, Qui Custodes. He updates it regularly with information and insights about personal safety. Why should you listen to him?

From his website:

In addition to a law degree, I have over 40 years Martial Arts Experience. I am a 6th Degree Black Belt and instructor in Mu Duk Kwon Tang Soo Do, a 5th Degree Black Belt and instructor in Myo Sim Kendo and a 5th Degree Black Belt and instructor in Myo Sim Iaido. I also have Black Belts is other disciplines. Finally, and most importantly, I have 20-plus years as both a covert and overt tactical and strategic consultant and instructor. If you want to know more about me or want to contact me directly my law firm operates 2 different websites: www.karatelaw.com and www.dzklaw.com.

That is why you should listen to him! Give it a read. There is some good information there.

Don't Fall for the Jury Duty Scam

A new scam is making its way around and it involves the legal system. Con artists are calling people and telling them that they have missed jury duty. In order to avoid getting arrested, you are told that you have to give up your date of birth and social security number. Once they get it, they steal your identity.

Most courts will not call you if you miss jury duty. They will let you know by letter that you missed jury duty with directions on how to fix the problem. It will not include giving them your date of birth or social security number. If you get a call from someone claiming to be with the local court, ask for a number to call them back or hang up and call your local court.

Interesting Results

For those of you who do not know, I have the ability to look at statistics on this blog. I can see the number of visitors and what they are looking at. The number of visitors is a bit of a trade secret. But, what you are looking at when you come here is open to discussion.

The page views vary normally. However, about 80% of my page views at this time of year are on one page: sample demand letter. Why? A few reasons.

First, it is a popular topic. People always want to know how to send a demand letter and what goes in it. Simple enough.

Second, and more interestingly, people want to settle claims between Thanksgiving and Christmas. Claimants (the people making claims) are looking for money to buy presents. Insurance companies want to get claims off of their adjuster's desks and clear the books. Thus, it creates "The Perfect Storm" where claims can be settled.

So, if you have a claim and are trying to get it settled, now may be a good time to make a demand. You may get a bit less, but if you want to get it done, get out a demand letter this week.