Legal Articles, General Practice

A motion to bifurcate is often the first line of defense in a litigated first-party insurance claim. The Defendant carrier contends bifurcation streamlines discovery and disposes of “extra-contractual” issues without having to use the court’s time and resources. In truth, however, by moving to bifurcate, the first-party insurance is trying to accomplish two major goals: 1) prevent discovery of harmful and/or “proprietary” business and/or claims file information that the insurance company knows will support an insured’s bad faith and extra-contractual claims; and 2) delay addressing the extra contractual claims by creating another hurdle for the insured to clear, i.e. a discovery and trial on the damages before allowing a discovery or trial on the merits of the extra-contractual first-party claims. The individual facts and circumstances of the case that warrant non-bifurcation should be emphasized with the court. Plaintiff should emphasize facts which could permit recovery on extracontractual claims regardless of whether or Plaintiff can prevail on the contractual claim. Plaintiff should emphasize arguments that the extra-contractual issues will have to be resolved regardless of the number of trials or the order of discovery, so in the interest of judicial efficiency, bifurcation would not be appropriate.

An experienced Social Security Disability Lawyer increases the chance to win disability benefits to a great extent. Want to know how? Give this blog a read and improve your knowledge about disability cases.

In a 5-4 decision, the Supreme Court concluded that the Department of Homeland Security could not rescind the DACA program without complying with the Administrative Procedures Act (APA).

Attorney General William P. Barr will review several issues having to do with the persecutor bar to asylum.

If you have been injured on the job in Missouri, you might be wondering if you can file a workers’ comp claim and also file a personal injury lawsuit.

This article covers workers' compensation law with an emphasis on laws in Georgia.

This article discusses the steps you should take if you are accused of driving under the influence in Arizona.

This article covers the top 5 reasons a personal injury attorney may decide to not take your case including statute of limitations, the value of your claim, and fault.

See the top reasons why a personal injury lawyer might decide to not take your case.

There are many medical conditions that can qualify you for receiving social security disability. To know all details about eligibility criteria, referring to the listings of ‘The Blue Book’ will be beneficial.