May 11, 2008

Tort Reform Hypocrite Settles Slip and Fall Lawsuit

As reported by the Wall Street Journal's Law Blog, former Supreme Court nominee, strict constructionist judge, and tort-reform advocate Robert Bork settled his lawsuit against the Yale Club after he fell while attempting to step onto the dais to speak.

The settlement terms were undisclosed, so little is known about the lawsuit other than those pleadings filed with the Court. However, a review of the complaint filed by Judge Bork's attorneys at Gibson, Dunn & Crutcher--who are typically defense counsel and presumably represented Bork because of his high profile--reveals two absolute truths about the case: (1) Regardless of whether the Yale Club was liable for Judge Bork's injuries, Judge Bork was seriously injured and required significant medical care to address his injuries; and (2) Judge Bork's lawsuit embodies many of the tactics and strategies that Judge Bork decried in his tort reform efforts.

Continue reading "Tort Reform Hypocrite Settles Slip and Fall Lawsuit" »

March 20, 2008

San Diego Drivers Get Rate Cut: Allstate Ordered to Stop Charging Excessive Rates

The California Department of Insurance has ordered Allstate Insurance Company, who insures about 10% of all California cars, to reduce their rates by 15.9%.

DOI has insisted that insurers adhere to the key rate factors in determining the appropriate risk that an insured will be involved in an automobile accident: a person's driving record, the number of years behind the wheel, and the number of miles driven per year.

"It was very clear that they were charging too much," said Douglas Heller, executive director of the Foundation for Taxpayer & Consumer Rights, the Santa Monica-based advocacy group that successfully championed Proposition 103 in 1988. The voter-approved initiative turned insurance into a highly regulated business, similar to power companies and other public utilities.

DOI is also attacking Allstate for excessive charges for homeowners' insurance, which provide resources to pay premises liability claims.

It is anticipated that the rate ruling will force other insurers to reduce their rates as well.