The Insurance Industry Reaps Huge Profits at the Expense of Claimants

The Insurance Industry including Allstate, State Farm, Farmers, USAA, and Progressive have made billions of dollars over the past several years. These record profits have occurred despite many Americans suffering huge losses from major hurricanes and other disasters. A main reason for this profitability in the insurance industry is the aggressive procedures Allstate and many insurance companies have installed to deny and delay paying claims. This tactic of denying and delaying payment of claims has helped the insurance industry to obtain over $44 billion in profits in 2005 and what looks to be almost $60 billion in profits in 2006. It also has taken money from Texas families and businesses that have suffered the loss of a loved one, serious injuries, loss of home & possessions, or covered business losses.

Despite huge profits the insurance industry continues to find ways to not pay legitimate claims. CNN recently did a news story on All State and Farmers Insurance strategy of Denying, Delaying, and Defending all small claims regardless of the validity of the claim. In Defending all insurance claims, they spend millions of dollars defending small claims in a hope that most injured claimants or damaged claimants will give up or accept a settlement of pennies on the dollar. As most injured people do not want to fight a large insurance company or have the resources to survive when they can't work or have lost their home or business, many people with legitimate insurance claims accept low settlements.

For information on Texas insurance claims, go to Texas Insurance Claim Lawyer Jason Coomer's Website.

Eminent Domain, Expropiation, Condemnation, and Public Takings

Eminent domain is the inherent power of the state to seize a citizen's private property without the owner's consent. The property can be taken either for government use or by delegation to third parties who will devote it to public use. The most common public uses of property taken by eminent domain are public utilities, highways, and railroads.

Recently, the U.S. Supreme Court has largely given the "public use" requirement an expansive interpretation and has allowed takings of private property for conveyance to other private parties for "economic redevelopment."

What is Just Compensation?

The protection of the Fifth Amendment does not prevent a government entity from taking private property, but forces the government to pay "just compensation" for the property it takes. This issue is commonly disputed in the Texas courts as many governments want to pay as little as possible to take private land and most private landowners want to obtain as much as they can for their land. Most courts have held the fair market value of the condemned property to be the constitutionally required "just compensation." Its determination is a judicial question, and it is usually determined in a trial by jury, on the basis of the parties' appraisal testimony. In working with private landowners to prove up the value of their land, it is important for their eminent domain lawyer to work with them in obtaining a good expert for a land appraisement.

For more information go to the Eminent Domain and Public Takings Page.

Architectural Works Copyright Protection Act Claims

Federal Copyright law protects architects that have had their work and designs stolen by builders and businesses. Through the Architectural Works Copyright Protection Act (AWCPA), an architect whose work was stolen by a builder can seek damages for infringing structures. In some copyright claims under the AWCPA, architects have claimed that their designs have been stolen and hundreds of homes or other structures have been built using their designs. In pursuing the a copyright infringement claim, the business that stole the design can be made to pay for each infringement.

For more information about an Architecture Copyright Infringement claim feel free to go to copyright lawyer, Jason Coomer, Law Office's Architectural Works Copyright Protection Act Claim Page.

Engineering, Architectural, and Design Malpractice Claims

Engineering, building, and architectural malpractice can lead to devastating accidents including a building collapse, bridge collapse, plant explosion, or dam burst. These accidents can cause catastrophic damages, severe injuries and even mass deaths. In living next to large dams and industrial plants or driving on bridges and using large building, we need to have them design and built correctly. Cheap building products, defective building practices, negligent designs, or short cuts taken in the design or building process are all examples of engineering, building, and architectural malpractice that can lead to a serious accident and extremely dangerous situations.

For more information on malpractice claims go to the following malpractice claim or design malpractice claim pages.

SSRI Birth Defect Claims

Avoidable birth defects are one of the most devastating problems that can occur to a family and a new baby. Parents who should be celebrating the birth of a new child, are often caught off guard when their child is born with severe disabilities and often do not realize that someone may be responsible for the birth injury or defect including drug manufacturers that hid information about medications that can cause birth defects. The family is typically busy taking care of the child with the serious health problems and often does not know that the birth defect was preventable. When they discover the probable cause of the preventable birth defect they are often filled with anger and rage. To find out that their child will have permanent health problems or that they lost their baby because a drug company may have hid research and did not provide an adequate warning of a product's safety can be extremely difficult.

Some medications that have been linked to birth defects include Selective Serotonin Reuptake Inhibitor Antidepressants (SSRIs). Women that have taken SSRIs after the 20th week of pregnancy have been found to have babies with a 6-fold increased risk of developing persistent pulmonary hypertension, a life-threatening lung disorder. Infants with persistent pulmonary hypertension have abnormal blood flow through the heart and lungs and do not get enough oxygen to their bodies and may become very sick or die. For more information on potential Selective Serotonin Reuptake Inhibitor Antidepressant Birth Defect Claims, please go to the following SSRI Birth Defect Claim Information Page.

Texas Inheritance Law

Traditional lines of inheritance are breaking down and many assets are being lost to the next generation. Many people with stocks, bonds, oil interests, jewelry, and real estate do not always keep a good inventory of their assets and unfortunately they often die or become incapacitated without telling their loved ones what bank accounts they have, where they keep certain assets, or what real estate, stocks, or other valuable assets they own.

Unlike in many movies and on television, there is often not a team of lawyers and investigators brought in to scour the globe looking for long lost heirs. It happens, but someone needs to get the ball rolling. Unless one of the heirs or a family member or family friend steps up and files a suit with a probate court, property can go unclaimed and become lost. Sometimes the government steps in to reclaim the assets, other times scavengers come in and take it.

An inheritance lawyer can help protect a person with assets from scavengers that come in and try to take estate assets. An inheritance lawyer can also help family members that live far away from a deceased or incapacitated loved one reclaim assets or clear title to property.

As a Texas inheritance lawyer, Jason Coomer helps families clear title to property and reclaim assets and their rightful inheritance. For more information on Texas inheritance law or Texas inheritance lawyer, Jason Coomer, go to the following website:

http://www.texaslawyers.com/coomer/texasinheritance.htm

Texas Will Contest Claims

There are several reasons that a Will may be contested including 1) the Will was written under the influence from another person, 2) the Decedent was not of sound mind when the Will was written, 3) the Will is a forged or fraudulent document, 4) the Will is not up to date and leaves out children or does not take into account a divorce or remarriage, 5) the Will was not witnessed or signed correctly, and 6) the Will was improperly done and does not comply with Texas law.

Click here for information on Will Contests from a Texas Will Contest Lawyer

Asbestos Secondary Exposure Claims

Many families along the Houston Ship Channel were supported by workers that were exposed to high levels of asbestos fibers. Many of these workers unknowingly brought asbestos fibers and asbestos dust home exposing their wives and families to toxic dust fibers that were inhaled. This secondary exposure has led to many secondary exposure claims. These secondary exposure claims are becoming more common in Texas especially along the Houston Ship Channel area as more and more wives and widows of asbestos workers are now coming down with mesothelioma and other asbestos diseases. If you are the spouse or family member of an asbestos worker and are experiencing severe symptoms including shortness of breath, coughing up blood, night sweats, swelling of the face, weight gain or loss, persistent chronic cough, you may want to be screened for asbestos diseases.

Please follow this link for more information on Secondary Asbestos Exposure Claims

Asbestos Product Dumping

In addition to domestic exposure, some companies have taken asbestos products that cannot be sold in the United States and have sold the product in other countries. This product dumping of dangerous asbestos insulation, asbestos block, and other asbestos products can cause serious problems including mesothelioma, lung cancer, and other health problems. Texas companies that dump dangerous products in other countries and cause significant harm can sometimes be brought into the Texas courts to answer for their wrongful dumping and be made to pay money compensation for their wrongful acts.

For more information on Asbestos Product Dumping and Asbestos Products, go to the following web page.

Asbestos Products and Mesothelioma Claims

Today despite OSHA regulations it is estimated that 1.3 million United States employees in construction and general industry face significant asbestos exposure on the job. Heaviest exposures occur in the construction industry, particularly during the removal of asbestos during renovation or demolition. Employees are also likely to be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.

Asbestos may also be found in Cement Pipes, Elevator Brake Shoes, Cement Wallboard, HVAC Duct Insulation, Cement Siding Boiler Insulation, Asphalt Floor Tile, Breaching Insulation, Vinyl Floor Tile, Ductwork, Flexible Fabric Connections, Vinyl Sheet Flooring, Cooling Towers, Flooring Backing, Pipe Insulation (corrugated air-cell, block, etc.), Construction Mastics (floor tile, carpet, ceiling tile, etc.), Heating and Electrical Ducts, Acoustical Plaster Electrical Panel Partitions, Decorative Plaster, Electrical Cloth, Textured Paints/Coatings, Electric Wiring Insulation, Ceiling Tiles and Lay-in Panels, Chalkboards, Spray-Applied Insulation, Roofing Shingles, Blown-in Insulation, Roofing Felt Fireproofing, Materials Base, Flashing Taping Compounds (thermal), Thermal Paper Products, Packing Materials (for wall/floor penetrations), Fire Doors High Temperature Gaskets, Caulking/Putties, Laboratory Hoods/Table Tops, Adhesives, Laboratory Gloves, Wallboard, Fire Blankets, Joint Compounds, Fire Curtains, Vinyl Wall Coverings, Elevator Equipment, Panels Spackling Compounds, Automotive Parts, Elevator Equipment Panels, Ductwork, Electrical Panel Partitions, Electrical Cloth, Cooling towers, and Chalkboards.

Asbestos Exposure can cause mesothelioma and other asbestos cancers that can be fatal. For more information on asbestos products and asbestos exposure claims, go to the following web page:

http://www.texaslawyers.com/coomer/asbestosproductsanduse.htm