Articles Posted in Insurance

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November 4, 2021 is National Use Your Common Sense Day.  Yes, we are serious.  Our only problem with this particular national observance is that it is limited to only a day.  Quite frankly, and I think most of you will agree, it should be Use Your Common Sense Day every single day.  At the Law Offices of John Day, we see the results of failing to use common sense so we have some suggestions on where people might want to concentrate their efforts. We encourage you to join us in our little rant and add your lack-of-common-sense pet peeve in the comments. So here we go, this is our list: Continue reading

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An insurance policy is a contract between you and the insurance company.  At its most basic, you agree to pay the premium and the insurance company agrees to pay certain claims.   For instance, in an Accidental Death policy, the insurance company agrees to pay benefits to the designated beneficiary in the event the insured dies in an accidental manner such as a car accident.  Again, that seems relatively straight-forward.  And if that were the only sentence in the policy it would be very simple.  But anyone who has ever purchased insurance knows, insurance contracts are long, complex and filled with exceptions or exclusions.  And texting and driving may be an exclusion that could void the insurance coverage for which you have been paying, maybe for years or decades. Let us explain. Continue reading

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The first person ever arrested for drunk driving was a man named George Smith.  According to the History Channel, on September 10, 1897, Mr. Smith, a young taxi driver, got drunk and then drove his taxi into a building.  124 years and 6 days later, drunk driving continues to be a problem on roadways.   That is why The Law Offices of John Day continues to offer safe ride homes, and we are excited about our current free rideshare program with Middle Tennessee State University. Continue reading

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In Tennessee, for every 100,000 drivers, 10.19 engage in street or drag racing, and street racing is on the rise.  In some areas of our State, police calls about street racing have more than doubled in two years.  For example, in Memphis, in 2018, there were 843 calls about drag racing in 2018.  In 2020, reported incidences of drag racing had jumped to 1,973. The Tennessee Legislature has recently enacted new legislation to combat this dangerous practice and we have some tips on what you can do. Continue reading

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The rising death toll and enormous property loss arising from the collapse of the Champlain Towers South Condominium building near Miami, Florida will give rise to litigation.  Families of those who die in the tragedy will file suit, hoping to find answers and obtain compensation for the loss of loved ones.  Injured people will also take legal action, seeking money to pay medical bills, replace lost income, and lost property.  The insurance companies who sold homeowner’s insurance to the condo owners will also file suit, seeking reimbursement of the losses they will pay to their insureds.    Continue reading

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As we start to put the pandemic in our rearview mirror, travel for the holiday weekend is expected to be 60% greater than last year.  According to AAA, 37 million Americans are expected to make a road trip for the holiday, and Nashville is the fifth most popular destination behind only Las Vegas, Orlando, Myrtle Beach and Denver.  So whether you are staying home in Middle Tennessee or going somewhere to enjoy the holiday weekend, you can expect the roads in and around Nashville to be busy.  Here are top 10 tips for staying safe and sane. Continue reading

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At this point,  I wonder if anyone really does not know that distracted driving is dangerous.  The media has covered it, public service announcements have been done, police departments have increased enforcement, our State legislature has passed stricter laws about it.  Yet, distracted driving continues to be on the rise.  For some of us, we just can’t seem to give driving our full time and attention despite knowing the dangers. In fact, according to one study, Tennesseans are the worst in the nation when it comes to distracted driving with distracted driving in our State being five times the national average.  Read on for more stats and what you can do to protect yourself from distracted driving. Continue reading

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Let’s face it, the pandemic is leaving an indelible mark on almost everything, so there is no reason to believe jury awards in injury and death cases will be any different.  Jury and trial consulting firms have been conducting surveys since the inception of the pandemic and they have some theories on how the pandemic will affect the amount of jury awards, how it will impact medical malpractice cases and whether it will generally be better for the defendant or the injury victim.

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In Tennessee, this unfortunately happens a lot.  Tennessee is sixth worst in the nation for uninsured drivers.  The next time you are out driving, consider this: one in every five vehicles you meet does not have insurance.  Of course, this is why we are constantly encouraging people to buy uninsured/underinsured motorist coverage.  But today, we want to look at what happens if you drive without insurance in Tennessee and whether someone who does not have insurance can still pursue a personal injury case. Continue reading

 

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As I type the title to his blog post, I am reminded of Seth Godin’s comment that resolutions do not work but habits and systems do, so maybe the title should be: New Year’s Legal Habits.  In essence, it boils down to the difference between writing something down on paper vs. actually doing what you have written down on paper.  One is much harder than the other and then, of course, you must first know what you should be doing, so we thought we would help with that part, at least for the legal side of things.  You can decide for yourself if you want to lose weight, write the great American novel or learn how to make fresh pasta.

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