Dowdy V. Metropolitan Life Insurance Company

In Dowdy v. Metropolitan Life Ins. Co., ____ F.3d ___ (9th Cir. May 16, 2018), the Ninth Circuit Court of Appeals reversed a district court’s denial of a motion for judgment pursuant to Federal Rule of Civil Procedure 52 filed by Metropolitan Life Insurance Company (“MetLife”), arguing that the claim of insured Tommy Dowdy (“Dowdy”) for amputation of his leg following a motor vehicle accident was not covered under an accidental death and dismemberment policy governed […]

By | July 23rd, 2018 |

Dashcams: Not Just For Viral Videos

Mauril Aldophe thought he had a personal injury payday coming from Beck’s Towing of Boynton Beach, Florida. He told police and a medical clinic that a tow truck had rear-ended him. The problem for Aldophe: the tow truck involved in the crash was equipped with a dashcam. The dashcam footage showed what really happened; Aldophe stopped abruptly in the middle of the road in front of the tow truck. When the tow truck driver […]

By | July 17th, 2018 |

Shrinking Damages With Smart Data

Recently, an elderly couple – who were both plaintiffs, one for personal injuries and the other for loss of consortium – gave testimony about their active lifestyle (outdoors and in the bedroom) before a slip-and-fall accident. Some of their claims were hard to believe given the slow, measured pace with which they entered the room, but they are the only people who know the intimate details of their lives.

While it’s possible this couple was […]

By | July 17th, 2018 |