Sentences with phrase «faith under a claim»

Step 5: Win at trial in front of a judge that somehow didn't get the memo that the Washington Supreme Court in Chaplin eliminated the need for Selby's to even make their adverse possession claim «in good faith under a claim of right»... certainly because the attorney didn't bother to raise this point... along I suspect with hiring a surveyor to testify as an expert witness.

Not exact matches

(A decision for same - sex marriage by a state could as in the case of Massachusetts, preempts the debate in that state, but it is less far - reaching because it leaves other states to arrive at a different conclusion — unless, as some same - sex - marriage proponents have claimed, other states are required to recognize such marriages under the Constitution's requirement of giving «full faith and credit» to other states» proceedings.)
Faith is a delusion and those operating under it are not immune to criticism any more than those who claim to have visited other planets and travel on alien space ships.
American society has still not adequately addressed the issue of domestic violence and abuse to protect persons from harm under church membership, as we saw with the Texas judge that beat his daughter, claiming that it was a part of his faith to discipline her in this manner; 4.
If they would take the Christian faith as seriously as they claim, they would forsake the quest for power over and instead commit themselves to exercising power under.
I don't want to burden this post with all of the psychology behind that statement, but you should find a way to get used to that because claims of faith are always under assault of reality.
But under Lindbeck's theory, the claim of Dei Filius concerning natural knowledge of God was precisely and only a communal - linguistic claim on faith, and not «the mind's adequation to objective reality.»
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Despite Cuomo's public claim of ongoing support for SolarCity and its still - under - construction plant in Buffalo — the keystone of the Buffalo Billion — investors have demonstrated they don't share the governor's faith.
Nick Clegg, the Deputy Prime Minister, began work towards repealing the 1701 Act of Settlement, under which heirs to the throne must renounce their claim on marrying a Roman Catholic, in order to introduce full equality between the faiths.
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At Vator News we have Faith Merino claiming Kindle will crumple under iPad.
Legal The Malaysian cartoonist Zunar has appealed a court decision upholding his 2010 arrest and detention, claiming police acted in bad faith when they arrested him under the Sedition Act because of his book Cartoon - O - Phobia, which had not yet been released at the time of his arrest.
Claims under the Price Promise will not be accepted if, in our opinion or the opinion of the third party responsible for administering the applicable Price Promise, acting reasonably, the claim has occurred as the result of a printing, uploading or other error or is made fraudulently or in bad faith.
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Although indemnity exposure to a nonsettling defendant is certainly a factor to be gauged in the good faith determination calculus, PacifiCare could not recover fees under Health and Safety Code section 1371.25 given that the statutory provision's first sentence prevented plaintiffs from holding PacifiCare vicariously liable for Bright's conduct or for recovering the attorney's fees PacificCare incurred in its defense of plaintiffs» claims.
Insurance companies that take an inordinate amount of time to settle a claim or refuse payment on losses covered under a policy, may be guilty of insurance bad faith.
We have litigated individual ERISA benefit claims under life, health, and disability policies, as well as bad faith and fiduciary claims.
He represents insurance companies in cases involving first - party and third - party claims, personal lines and commercial policies, bad faith claims, complex coverage disputes, class actions and claims under California's Business and Professions Code.
Represented an insurer in a bad faith lawsuit in federal court in Detroit, Michigan, arising from a claim under a motor truck cargo policy.
Regardless of whether the Notice of Termination is given for the landlord's own use under s. 48 or on behalf of a purchaser under s. 49, if the person who claimed to require possession under those sections fails to occupy the rental unit «within a reasonable time after the former tenant vacated the rental unit» (s. 57 (1) RTA), the landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 (3) RTA.
Long worked with nationally renowned trial attorney Herbert Hafif under whom he handled all phases of litigation and trial preparation work in cases involving catastrophic personal injury, complex business litigation, federal False Claim Act cases and insurance bad faith.
When the insurance company does not provide benefits for injuries or damages sustained in an accident with an uninsured or under - insured motorist, the victim may consider filing an insurance bad faith claim which would contend that the insurance company is legally bound to provide benefits if no official rejection of the specific coverage has been submitted.
Traditional Chancery Faith acts in a wide variety of contentious trusts and probate matters, including claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests;
The International Court of Justice has rejected jurisdiction over the claim brought by the Marshall Islands against the United Kingdom, alleging breach of the obligation (under Article VI of the Non-Proliferation Treaty) to negotiate in good faith for nuclear disarmament.
[148] Even more puzzling, the majority claims that the Court affirmed in Fraser that a meaningful process under s. 2 (d) of the Charter must include some «means of recourse should the employer not bargain in good faith» (para. 29).
5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment motion, with the trial judge later awarding County fees under Code of Civil Procedure section 1038, which allows trial courts to award public entities the attorney's fees they incur for «unmeritorious and frivolous» lawsuits if the action was not brought in good faith and with reasonable cause.
The types of insurance bad faith claims can arise in the context of a personal injury claim with an auto insurer or a claim for benefits under your own health insurance.
While it's possible for an insurance company to commit «bad faith» while processing claims under nearly all types of insurance, this occurs most commonly with car accident insurance, life insurance, homeowners» insurance, and disability policies.
It is difficult for a policyholder to go up against an insurance company alone, so it is important under these circumstances to consult with an attorney who is experienced in handling bad faith insurance claims.
However, they claimed that — because of the extent of its control of GM Canada — GM US was a «franchisor's associate» under the Act and was bound by the duty of good faith under section 3 of the Act and at common law.
Regardless of whether the Notice of Termination is given for landlord's own use under s. 48 or on behalf of a purchaser under s. 49, if the person who claimed to require possession under those sections fails to occupy the rental unit «within a reasonable time after the former tenant vacated the rental unit» (s. 57 (1) RTA), the landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 (3) RTA.
Plaintiffs claimed that Nebraska had breached its good faith obligation under an interstate compact when it refused to license a nuclear waste disposal site.
Under California Civil Code section 3426.4, «[if] a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees and costs to the prevailing party.»
This website goes well beyond issues concerning your standard automobile insurance liability policy and includes homeowner's insurance, Social Security Disability (SSI & SSDI), condominium insurance, renters insurance, workers compensation, wrongful death (fatal accident), uninsured motorist and under insured motorist claims, bad faith issues, title insurance, boat insurance as well as commercial insurance and MORE!
On appeal, the insured argued its extracontractual claims under chapters 541 and 542 of the Texas Insurance Code and the claim for breach of the duty of good faith and fair dealing were not barred by acceptance of the appraisal award.
Her practice principally involves representing insurers in complex insurance disputes on a broad range of issues arising under primary and excess policies and reinsurance coverages, with particular emphasis on general liability coverage claims involving environmental and other long - tail liabilities, personal and advertising injury coverage and errors and omissions insurance and the «bad faith» issues arising from such disputes.
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The court found that the developer met the good faith exception to the general rule of procuring cause, and was not liable under either breach of contract or constructive trust claims.
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