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Robert M Lorey

Robert Lorey’s Answers

297 total


  • If paying exwife renewed life ins without exhusband signing , can he take his name off the policy ?

    If epaying exwife renewed life with exhusband signing, can he take his name off policy

    Robert’s Answer

    Probably not. As long as the ex-wife has an "insurable interest" in your life and pays the premiums herself, there is nothing you can do to stop her. An "insurable interest" would include anything such as spousal support, child support, a closely held business, a family business or the like. If you were to die and she would lose out on something you are now ordered to provide to her, then she can insure your life. It may be small comfort, but usually she would not be able to collect on the policy if she insured your life and then _caused_ your death... Not much, but that is something I suppose.

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    Good luck!

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  • Meeting with cps in my apartment can i record the meeting with out them knowing??? If not can i then stop the meeting until

    Cps has lied and said i was threatening her and a bunch of other lies i need to record the meeting so i can defend against the allegations. I live in Seattle Washington

    Robert’s Answer

    Washington is known as an "all party" consent state. This means that everyone participating in the conversation must consent to a recording for that recording to be proper. The statutory authority is the Revised Code of Washington Sec. 9.73.030, which prohibits the recording of a private conversation without that consent.

    Subsection 3 of this provision allows for "consent by announcement" as follows:

    (3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.

    Thus, if you record your announcement that you are recording, the other persons are deemed to have consented to the recording if they continue (or begin) the conversation. The other party may refuse to be recorded, and that may be used against you as interfering with the investigation, but at least you would not have to face untrue and unsubstantiated allegations from CPS workers.

    www.integrityoregon.com

    Good luck!

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  • Are DPOA legal if they have not yet been filed in the County of origin.

    Example: A Medical POA signed by a Patient in the hospital to an individual does not require witnesses in WA state however shouldn't they be filed with the County of origin before any medical decisions, such as surgery, release, etc are made by th...

    Robert’s Answer

    I concur with Ms. Powell, a Power of Attorney does not need to be recorded in order to be effective. There are good reasons why you actually _don't_ want this document to be in the public record and open for inspection by anyone who asks.

    In answer to your actual query, a Power of Attorney is only operative if the signer is _not_ able to make their own decisions. This does not invalidate the Power of Attorney, it simply does not apply to the signer if he or she is still capable of making their own decisions. If a person has the capacity to make their own decisions, it is very difficult to take that decision making power away from them.

    www.integrityoregon.com

    Good luck!

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  • Cost for jury request?

    Is there a fee required when filing a request for a jury in either federal or state court on a civil matter? Can I file the request with the clerk then serve a copy? Must I hire someone to serve the copy or are there less expensive options?

    Robert’s Answer

    You don't supply anything close to sufficient information to make a meaningful reply. I concur with Ms. Powell in that many Courts will have these costs posted online. Federal court (Western District of Washington) does not directly charge for a jury, that cost is folded into the general rubric of "court costs." Virtually all of the state courts of Washington do have a jury fee which is required in advance of actually preparing the potential jurors. Again, many Courts have this information on their website.

    www.integrityoregon.com

    Good luck!

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  • Insurance company wants to total out my motorcycle but I don't want it totaled

    About 8 months ago, I went down on my motorcycle in which there really want a lot of damage, just cosmetic damage and that my frame got scratched. Since the frame has a scratch, the damage on the bike from a local shop was enough to total out the ...

    Robert’s Answer

    To avoid having the bike "totaled" you have two numbers to get as far apart as possible. First is the Actual Cash Value ("ACV") of the bike. You can argue for an increase in this number with an estimate or maybe even arguments based on comparative sales. Second is the settlement amount. You are decrease this number by accepting (or demanding) less money from the insurance company.

    You can move either number to get them farther apart. Either one will cost you some money up front, either paying an estimator or accepting less money. Simply balance what the cost up front will be with the benefits of lower insurance premiums.

    If you are trying to maintain a pristine accident history on the bike, that may be too late already. The police report will have the bike's VIN on it, the insurance company will have the VIN and the like. The fact that the bike has been in an accident is essentially public knowledge which you would be required to acknowledge if you try to sell the bike. If you are trying to avoid a salvage title, then move the ACV and settlement numbers farther apart and you should be good to go.

    www.integrityoregon.com

    Good luck!

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  • The law on recording?

    Im a little confused about laws on recording I think its somewhere along the lines of its okay to record in the general public but not okay in private areas unless its in the privacy of YOUR OWN HOME!!! What I would like to know is would it be leg...

    Robert’s Answer

    It is very hard to give a definitive answer to your question, given the relative lack of detail provided. All cases are fact-specific and anything remotely dealing with privacy or the First Amendment are doubly so.

    If you have the authority to put a camera up in the first place, then it would probably be legal as long as you post the fact that the area is being recorded. The relevant statutory authority is provided by Revised Washington Code § 9.73.030. Washington is what is known as an "all party" consent state. That is, everyone has to consent to a recording of a _private_ conversation in order for it to be legal. If there is no audio to the recordings, then a simple video recording would almost certainly be legal.

    First, is whatever goes on in the break room a private conversation? Depends on the facts, and the volume of the conversation, but if you are that close to your coworkers in a busy break room then probably not. Second, did everyone consent to the recording? In Washington, you can satisfy the consent requirement by "announc[ing] to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted," so long as this announcement is also recorded. Wash. Rev. Code § 9.73.030(3).

    So, if you (or the owner of the property) posted the sign where it can clearly be seen from the break room and videotape the sign posted as the first part of each of the tapes, it is probably legal.

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  • Do you have to report to your insurance if the accident involved a rental car and not yours?

    I was the last car hitting the 2 cars involved in an accident in front of me.

    Robert’s Answer

    "Required," probably not. However, they are going to find out about it sooner or later, so you may as well tell them about it now. You _may_ have coverage under your own insurance policy for liability and/or property damage. If you do have coverage, you can loose that coverage by not timely informing your own insurance company of the "occurrence." Therefore, it is in your best interests to let your own insurance company know what happened and report the loss to them.

    www.integrityoregon.com

    Good luck!

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  • Vehicle Damage by HAIL on Sunnday Day [claim by Rental Car] but there was no Hail and it was Sunnyday

    I rented a vehicle for one day and after 3 months I received a letter from the Risk Management company for the rented vehicle saying that the vehicle had HAIL DAMAGE. During that day I drove the vehicle with so cautious that I know there was no ...

    Robert’s Answer

    If you have the rental car contract, that might present some information about the condition of the vehicle when you checked it out and when you returned it. The typical procedure is to review the vehicle and then sign off on the condition of the car when you pick it up and again when you drop it off. This information is typically marked on the rental contract, which becomes your receipt at the conclusion of the rental period. Ideally, the contract would show the car company's own statement about the condition of the vehicle when you dropped it off. Failing that, you can certainly demand the rental car company provide you with complete documentation of the condition of the vehicle when you picked it up and when you dropped it off.

    If you had car insurance at the time you rented the vehicle, there is some chance that your rental car would have been covered. It is worth investigating this with the insurance company. If you potentially had coverage, the insurance company will fight the rental car company on your behalf.

    Eventually, you may need to retain an attorney to represent you if the matter goes to litigation. Hopefully the matter can be resolved far short of that time. I would suggest that you not volunteer any money or payment unless and until the rental car company can produce some evidence to you that the vehicle was damaged, while you had possession of it and that you are responsible for the damage.

    www.integrityoregon.com

    Good luck!

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  • Sublet rental car and had an accident. Who is liable. Florida?

    I own a rental car company and leased my vehicle to another rental car company for one of their clients. The car was in an accident which some other driver was at fault and cited. I want to get my car fixed, but Im not sure if only the at fault dr...

    Robert’s Answer

    I am not admitted in Florida, so I can only offer the most general advice... There are three separate areas of law which might be operative here. First, under tort law, the person causing the damage to the vehicle (no matter who owned or leased it), should be responsible for the damage. Second, under contract law the firm to whom you leased the vehicle may have assumed responsibility for the condition of the vehicle. Third, your own firm's insurance coverage may still be operative for the vehicle no matter who was operating or had the right of possession at the time of the accident.

    I would start at the end and notify your own insurance company of the loss. Let them work the problem for you and have them figure out who pays how much and in what order. If you did not have insurance on the vehicle, you will have to do your own field work and may need to retain an attorney to assist you with securing the repairs, since few people will voluntarily comply with their financial obligations if there is a dispute about who pays how much and in what order.

    www.integrityoregon.com

    Good luck!

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  • Can a 16 year old open carry a fire arm when going camping with friends for safety reasons in Washington?

    My friends and I want to go camping and I always hear these stories about kids being kidnapped and getting lost and if needed I think a gun would be good for protection and I am told that I being 16 can legally open carry a firearm.

    Robert’s Answer

    Unless you are looking for trouble, your main concerns should be water-borne illness and hypothermia. These two conditions sicken and kill _far_ more people in parks every year than do other people. Your greatest risk of death or bodily injury on a camping trip is the drive to and from the park.

    The safe, reliable and responsible carry of a firearm is actually kind of a pain. First, unless you are trained in Close Quarters Battle ("CQB"), your firearm will most likely be taken from you and used against you. Second, the two heaviest things you will ever carry on your back are water and bullets, they are both _really_ heavy. Third, you will need to have a field-grade maintenance and cleaning kit with you to service the weapon(s) you elect to carry.

    I think your concerns are misplaced in this instance, there is generally _less_ crime and _far less_ violent crime in parks than there is in the regular day-to-day. Take a whistle and some spare technical clothes that insulate when wet, you will have a better time than worrying about carrying your firearm for self-defense.

    www.integrityoregon.com

    Good luck!

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