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My contractor has a current policy insurance insurance that
My contractor has a current policy for liability insurance insurance that has a million dollar coverage for each occurrence. He has agreed that the workmanship is poor and needs addressing. They basically destroyed in the interior of my home, electrical, floors etc...He has broken some laws in doing so. Been legally deceptive. I have been trying to work with him but in the end he is not wanting to fix ALL the work,just part of the damages. I am well within the time frame to file a lawsuit. We live in louisiana. The contractor, who I thought was very honest, I now know he has lied about many things, perhaps false reports and fraud. With all that said, he wrote me a letter and said he has NO insurance. I confirmed the policy was up to date, but he wrote back he has no E & O coverage ? so he says, no insurance ! What is an E & O policy ? and what would it exclude if I have a claim ? Thank you..Terri
In Texas, closing on a house and have questions regarding the
In Texas, closing on a house and have questions regarding the closing costs. They want to charge me prepaid homeowners insurance for 12 months ($1675.00) plus another 3 months homeowner insurance ($419) as "Initial Escrow Payment at Closing". That seems ridiculous. First, why are they entitled to 1 yr homeowner insurance premium? I can see the lender wanting insurance on the property; however, once I obtain the insurance that should satisfy the lender. How I pay for the premiums is between me & my homeowner's carrier. Second, is lender double dipping by asking for 12 months plus 3 months monthly insurance premium?Another question, what's the purpose of Title Insurance? Is it mandatory I purchase Title Insurance? What is Mortgage Insurance? Is that mandatory? What is difference between Owner Title Insurance and Lender Title Insurance? Thank you for assisting me in answering these questions.
I'm suing a contractor who I'm certain is going to declare
I'm suing a contractor who I'm certain is going to declare bankruptcy by time all the law suits against him are done. His construction business was has General Liability Coverage. The problem is that this contractors work was defective from the onset. If we let his defective work go with out repairing it, there will certainly be resulting damage. However, now there just a bunch of work that needs to be redone.I'm curious for one if his defective workmanship would be covered and as to whether or not this contractor has a say as to whether or not the insurance company can settle on their own, or if this crooked contractor can dictate whether or not he allows them to settle.I should add that his insurance is representing him in this lawsuit.
I am a secondhand dealer in Palm Beach County. I purchased
I am a secondhand dealer in Palm Beach County. I purchased a set of earrings in November. Held them for the term of purchase and hold period. Supposedly the were stolen from Venezuela in which I was never given proof of. Palm Beach Police department contacted the FBI and they eventually agreed that they where legally mine. Now AIG insurance is suing me what can I or Do I need to do.
I got the transcripts. Should I file the other items below
I got the transcripts. Should I file the other items below in the state case?SECTION 3THE RECORD ON APPEALIt is the appellant's responsibility (or in the case of a cross appeal, the crossappellant's responsibility) to ensure that the record is adequate to permit appellatereview of the appellant's claims on appeal. P.B. § 61-10. The record includes the casefile, any decisions, documents, transcripts, recordings and exhibits from theproceedings below, and, in appeals from administrative agencies, the record returned tothe trial court by the administrative agency. See P.B. § 60-4. The failure to provide an adequate record for review could result in the court's declining to review an issue or claim on appeal. Perfecting the record for appeal involves a number of activities both before and after filing the appeal:1. Transcript.2. Motion for Rectification. The appellant should seek to correct any errors oromissions in the trial record by filing a motion for rectification. P.B. § 66-5; see P.B.§ 66-2.Except for good cause shown, no motion for rectification can be filed after the appellant's brief is filed. The filing ofa motion for rectification does not toll the time for filing the appellant's brief, so amotion for extension of time may be necessary. See P.B. § 66-1. The office of theappellate clerk will forward the motion for rectification to the trial judge who decided,or presided over, the subject matter of the rectification. The trial judge will file thedecision on the motion with the office of the appellate clerk. The trial court may holda hearing to receive evidence, approve a stipulation of counsel or hear argumentsregarding a requested correction. Any party aggrieved by a trial court's ruling on amotion for rectification may file a motion for review under P.B. § 66-7, which isdiscussed below.3. Memorandum of Decision or Transcript of Oral Decision. It is also theappellant's responsibility to ensure either (a) that the trial court files a writtenmemorandum of decision or (b) if the trial court's decision was oral, that a transcriptof the portion of the proceedings in which the court stated its oral decision is signedby the trial judge and filed in the trial court clerk's office. See P.B. § 64-1. Filing atranscript of a decision that is not signed by the trial judge may not be sufficient topermit appellate review. If the trial judge fails to file a memorandum of decision orto sign a transcript of an oral decision, the appellant should file with the office of theappellate clerk under P.B. § 64-1 (b) a notice that the decision has not been filed,specifying the trial judge involved and the date of the ruling in question. Theappellate clerk will forward the notice to the trial judge. If the judge does notrespond in a reasonable time, the appellant may also seek an order under P.B. §60-2 (1) directing the trial court to file its decision or sign the transcript.4. Motion for Articulation. Whenever the trial court's decision fails to address anissue that was raised in the trial court and will be raised on appeal, or is unclear orincomplete in setting forth the factual or legal basis of its decision, it is theappellant's responsibility to file a motion for articulation under P.B. § 66-5. Themotion for articulation (which seeks further explanation regarding the basis for anexisting decision) should not be confused with the notice, discussed above, that isfiled pursuant to P.B. § 64-1 (b) when the trial court has failed to file anymemorandum of decision or to sign a transcript of the court's ruling. The timeperiods for filing a motion for articulation are the same as those governing motionsfor rectification. Filing a motion for articulation does not toll the deadline for filingthe appellant's brief, so that a motion for extension of time to file a brief may benecessary. See P.B. § 66-1. The office of the appellate clerk will forward themotion for articulation to the trial judge. Within 20 days of a judge's articulation, anyparty may move for further articulation. P.B. § 66-5.5. Motion for Review. If any party is aggrieved by the action of the trial judge on amotion for articulation or rectification, that party should seek appellate review of thatdecision by filing with the office of the appellate clerk a motion for review under P.B.§ 66-7 within 10 days of notice of the trial judge's action. See P.B. § 66-6. Failureto file a motion for review may result in an appellate court's declining to review anissue or claim on appeal, even if a motion for articulation or rectification was filed. Ifthe motion was not granted or the trial court's ruling is incomplete in any way, aprudent party will file a motion for review, attaching any relevant pleadings,transcripts or other court papers.
My situation is that I've been a volunteer Board of Directors
My situation is that I've been a volunteer Board of Directors (non-officer) member on my condominium's housing board for two years, and I have lately realized that I have been negligent for the last year by failing to identify the unauthorized spending that was going on. I went to the meetings regularly but I didn't read the financial reports.Then we had the Condominium Association's meeting at the end of November, at which the Board's attention auditor told everyone present that the association's financial situation is quite bad, much worse than I had realized. When I went back and reviewed the monthly financial statements for 2015, it became clear that the Board's president was spending association money on various expenses that the board as a whole had not authorized.Residents really started to ask questions about Board spending when the President used association money to upgrade the fencing around her own unit in the late summer -- again, this was not something approved by the board. I noticed the new fencing but didn't really think about the implications until the annual meeting, when residents asked questions like, "Who authorized the new fence?", and everyone stayed quiet. I realized it was the Board President, but I said nothing. When one person asked "Why are we spending money on X,y,z?", again, the Board members stayed quiet rather than admit the truth. I don't know if that was wise or foolish.After that meeting, I went back and finally looked at the end-of-year financial statements for the condominium association. I was horrified to realize that we went $55,000 over budget on the association's "General Maintenance and Repair" fund, much of which was spent without other Board member's knowledge by the President. I can't claim innocence, however, because I had been getting the monthly financial statements all along -- I just failed to read them until it was perhaps too late. At that point, in late November, I did send an email to our association's management company, telling them not to approve or reimburse expenses submitted by the Board president unless they had heard from the majority of the Board that it was approved.So, in the last few weeks, another alarmed Board member and I have spoken to the association attorney about the situation and our culpability in it. The attorney advised us that there is an insurance policy protecting board members if they get sued, as well as an indemnity protecting the board members from lawsuits. The attorney is also helping us deal with the management company who allowed the Board president to make unilateral spending decisions. With the attorney's counsel, we are also seeking to remove the Board President from that position within the next few weeks by majority Board vote. We are quite possibly going to change association-management companies as well, as this management company has really never question a lot of the reckless spending.Making big changes like removing the Board president and changing the management company is bound to get attention. We will definitely have residents asking the Board why we are making these changes. At this point, what should I say for myself or for other Board members? Do I answer honestly about the fact that I (and really, other non-President board members too) showed negligence over the last year for not paying more close attention to the Board financial statements? Do I apologize? Or is that the equivalent of wearing a sign that says "Please sue me"? Do I say anything about the Board President's reckless and unauthorized spending?Basically, I'm afraid that if I say the wrong thing to the resident's questions that will inevitably arise, that I will basically make myself or other people easy lawsuit bait. Even if I have protection against getting sued from the insurance policy and indemnity, I still don't want to encourage people to sue me or other people. I also don't want to get sued by the Board President for defamation by openly speaking of her bad behavior. So, in the face of tough questions, what is the wisest legal course? Should I stay silent? Hire my own attorney on hand to answer questions on my behalf? Literally plead the fifth?
Counselor at Law
I had an insurance HOC 3 - condo assosiation from carrier
I had an insurance HOC 3 - for the condo assosiation from carrier 1. Then we decided to swith to company 2. And we contacted this agent and asked him that we need a standard insurance covering exactly what we had before. We got the insurance and held it for 2 years. Now this year i had the pipelines burst in my unit (its a 2 unit condo) and as a result the damage created for 5K.I filed a claim, but the insurance adjustor came back saying that the insurance does not cover the pipelines. I was shocked but it turns out that our policy had a list of name perils added that did not include the issues wiht the pipelines bursting.So now i got a copy of the insurance that we had before, and yes it was a full blown insurance that would have covered my issue with the pipelines bursting and water damage.So the agent purposely or accidentally given us a cheaper quote and the insurance we got was not the one we requested.What should i do:- sue the insurance carrier?- ask the agent that sold the insurance for her errors and omissions policy and claim that?- What if she refuses to give me the policy and may be does not have that policy?
Last week I purchased a gooseneck trailer from Key Auctioneers
Last week I purchased a gooseneck trailer from Key Auctioneers in Indianapolis, IN. After bidding, winning and being invoiced, I traveled to the physical location to pick up my purchase.I had a pleasant exchange with the Key Auctioneer employees and paid with my credit card. I noted on several occasions that I felt that I got a great deal on the trailer. I also commented to several employees that the auction description listed the trailer as 12 feet instead of 24 feet. They didn't seem to be concerned with the error. The picture was of a gooseneck trailer and that trailer was there at the auction site.After paying and filling out paperwork, the employees had to move several pieces of equipment (including a semi-truck) so that I could hook my truck up to the trailer. Once hooked up, I parked the trailer and spent another 4-5 hours at the auction bidding and winning other items. After all purchased were paid for; my friend and I departed for home.On Monday, November 23rd, a Key Auctioneer employee called me and asked "Are you going to pick up your trailer?" I replied that I had already picked up my trailer. He asked if I had bid on more than one and I confirmed that I had bid on more than one but I only won the gooseneck. He said that according to his paperwork, I had won the trailer that was still at the location and that it was already paid in full.I was concerned that I may have actually won two trailers and that I was obligated to pick up the second trailer before 5pm or it would be considered abandoned. I had not reviewed my online invoice at that time but I know I have a credit card on file that would have been billed automatically. As instructed, I headed over to the auction site.Upon arrival, the property owner was the only person present. He was there to turn the second trailer over to me. I was immediately confused as I had never seen this trailer before but, it had my bidder number on it as the winner. Concerned that I may not have paid for this trailer; I informed the owner of the situation and told him I would not be picking up the trailer that day. I then attempted to call Key Auctioneers.As I was dialing, a call from Key Auctioneers came in. The gentleman said that he was concerned that I was confused (as noted in my text to him) and he needed to do some further investigation. I told him that I had purchased a gooseneck trailer - not a utility trailer. I noted that the auction company charged my card and released my gooseneck to me - even moving a semi-truck and trailer to facilitate the completion of the transaction.He immediately said - you didn't buy a gooseneck - you bought a utility trailer. I rebutted this statement and said that I purchased, via the proxibid online tool, a gooseneck trailer. I told him to pull up my invoice and look at the item.When he pulled it up, I heard him say to another employee, "Oh my, its the wrong picture." He said that they released the wrong item to me and that someone else had already purchased the trailer. I contested that I had legitimately purchased the trailer via the online site. I bid on the trailer pictured, I won the trailer pictured, I paid for the trailer pictured, they delivered and released the trailer pictured and now I have that trailer and expect a title for that trailer.Due to the time of day, they said they could not continue the conversation because their online sales team was already gone home. We agreed to discuss it further the following day (today). He stated that they would "Make it right." I assumed that meant they would send me the title.Today, a gentleman called me and asked me if I would deliver the trailer to the other buyer if they compensated me for my trouble. After a few minutes of non-productive negotiations; we ended the conversation. The final outcome was that they are asserting I purchased a utility trailer and the incorrect picture is (my words) immaterial. I assert that I purchased and received the gooseneck trailer and am in need of a title.Based on their terms of service (link posted below), do I have grounds to retain the trailer that I purchased.https://www.proxibid.com/asp/LotDetail.asp?ahid=4403&aid=103724&lid=27536798&rfpb=0#importantAuctionInformationTopSection
My insurance agent had offered me a new homeowners policy toView more legal questions
my insurance agent had offered me a new homeowners policy to save me money which i agreed . he never cancelled the old policy, which my bank through escrow, had paid having me pay for both policies which he collected commission on. i asked for return on my money which he said he was not responsible for cancelling policies