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Christopher Matthew Simon

Christopher Simon’s Answers

243 total

  • How can my parents get a refund on "life insurance" premiums on a house loan that became ineffective over ten years ago?

    my parents got a house loan and with it an insurance policy that said if they died before age 70 the house would be paid off.. they are now age 77 and just recently stopped making those "life insurance" premiums. as it happens, they had paid thes...

    Christopher’s Answer

    The voluntary payment doctrine is going to make that a difficult fight. I would get a local TV station consumer reporter involved to put PR pressure on the company.

    The voluntary payment doctrine has been codified under Georgia law OCGA § 13-1-13

    [p]ayments of claims made through ignorance of the law or where all
    the facts are known and there is no misplaced confidence and no
    artifice, deception, or fraudulent practice used by the other party are
    deemed voluntary and cannot be recovered unless made under an
    urgent and immediate necessity therefor or to release person or
    property from detention or to prevent an immediate seizure of person
    or property. Filing a protest at the time of payment does not change
    the rule prescribed in this Code section.

    Your best argument is a mutual mistaken understanding of the contract. It should self terminate when the covered event can no longer occur because they are past age 70.

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  • Can the uninsured motorist coverage be retroactive?

    Can the insured retrieve the uninsured motorist coverage if one has never signed Rejection of the UM and never paid for it before?

    Christopher’s Answer

    You need a lot more detail to get an answer. You bought a new liability policy but did not buy um. The law requires them to get a waiver of um or it's implied. There are a number of ways that simple analysis can be untrue though.

    Please provide more detail.

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  • Do you have a telephone number to an attorney who handles negligence in a hospital, and as a result the patient dies?

    He fell in the hospital while he was admitted and hit the hard floor and injured his head, and later he developed gangrene in his hand, it turned black, and peeled.

    Christopher’s Answer

    Every lawyer on Avvo who practices wrongful death law has their number available. From what you are describing there is some overlap between the negligence that caused the fall and potential medical practice in handling the wounds. How is the hand injury related to the fall?

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  • I am a volunteer chief of security for a church in ga , in the event of a incident will I be liable

    I introduced higher security procedures about 10 months ago which the church agreed with , now the church removed security procedures which I don't agree with . Will I be held liable in the event of a incendent

    Christopher’s Answer

    Based on those facts, no you should have no personal exposure, but if something happens, the fact the church scaled back security could affect their liability. Remember none of this matters unless there are prior incidents at the church or other information unique to this church which makes a security breach foreseeable.

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  • Do i need an attorney

    Hi, i had a car accident 3 years ago where i was at fault the other car got totalled and the people in the car complaint about injuries so when i drove my moms car i had a valid drivers license and i was not excluded from he insurance so state ...

    Christopher’s Answer

    Are you saying you were excluded frm your moms insurance? If you had coverage, call the insurance company from back then and they will likely defend you for free but won't pay a judgment. If you had no insurance, then the situation is harder because they can suspend your drivers license. If that is the case, sometimes the best practical solution is to examine whether bankruptcy will get rid of the drivers license suspension as well.

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  • Is a limousine carrier's insurer subject to a direct action in Georgia?

    Is a limousine carrier's insurer subject to a direct action in Georgia?

    Christopher’s Answer

    And this question is exactly why out-of-state lawyers should not try to answer legal questions in jurisdictions where they are not licensed. Georgia has a somewhat unique direct action statute that allows plaintiffs to sue the insurance company directly when a motor carrier is involved. The statutes are OCGA 40-2-140 and OCGA 40-1-112. That said, this is a complicated analysis that is not suited for a generic message board with no factual details in the case. If you are not a lawyer, then you are trying to analyze a very complex issue that even good lawyers have troubles with. Do not be foolish. Go hire a lawyer to analyze the issue. If you are an attorney, I worry for whomever your clients may be.

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  • Daughter was in an accident the car was not damaged that bad. Had to go to the doctors she have whip lash

    The insurance company would not pay all her medical bills they offer her $6000 her bills are over 8000 they would not offer her anymore don't know what to do need some legal advice

    Christopher’s Answer

    Use a free phone consult to get an actual lawyer on the phone and run the facts by them. Be sure to know the medical numbers so the advice can be solid. Then ask whether it would make sense to use the lawyer in light of the attorneys fees that would have to come out of the result.

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  • How can I be assured that I am receiving a fair settlement?

    I have decided to let the other party offer their dollar amount first because I am not sure how high they will go. I didn't want to under bid. I am not sure what my case is worth but I have a ballpark figure in mind

    Christopher’s Answer

    Just call a lawyer from AVVO and ask them to price the case for you. Most lawyers are honest and will tell you if you are at close to what you would net with counsel. You also need to analyze reimbursement to health insurance and/or medical providers and could use free advice in that regard. Consults are free so why not ask?

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  • Who is liable? I was in an accident with a tractor trailer transporting cars for a large car manufacturer. I've lost a finger

    and use of my left arm. And am no longer able to work. Can I sue the driver, the trucking company and auto manufacturer?

    Christopher’s Answer

    As Jeff indicated, there are multiple culpable parties. The key is making sure your liability case is strong. If the crash happened recently, you want to interview counsel immediately and determine whether a collision deconstructionist needs to be brought in as well as lock down critical documentatuon to keep the trucking company from allowing it to be deleted in the ordinary course of business. Get moving n this today.

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  • If an auto accident occurred and the insurance company could not determine whom was at fault is there still a case ?

    Both cars suffered little to no damages. Tiny dent to the other persons vehicle but I dont know if that was there before the accident occurred.

    Christopher’s Answer

    Could you please clarify your question. A case for what? Minor property damage alone is a strong deterrent to a personal injury case going either way if that is what you are asking. The insurers decision on liability is a practical problem as well.

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