Houston, Metro/Personal Injury Blog

• 16
• January
  2012

Jeff Raizner spoke this morning with Mike McConnell of WGN Radio in Chicago about the Costa Corcordia shipwreck.  Jeff discussed maritime law and the potential liability issues raised by the accident.

Mike McConnell's website is available here.

A podcast of the interview is available from Mike McConnell's website here.

• 16
• January
  2012

On January 13, 2012, the Costa Concordia, a cruise ship operated by Carnival Cruises, ran aground off the coast of Italy.  The shipwreck has resulted in the loss of crewmembers and passengers, with several people still missing.  Still many other of the ship's passengers sustained serious injuries.

Despite the potential liability of Carnival, affected crewmembers, passengers, and their families could face hurdles in pursuing legal action against the cruise line.

As with the Costa Concordia, most cruise lines include arbitration and forum selection clauses in their travel and employment contracts, which are designed to limit the ability of injured persons to bring suit and the locations that they may do so.  Many travelers and even crewmembers are completely unaware of the existence of such clauses, which are usually buried in fine print of their booking or employment documents.

Doyle Raizner frequently handles personal injury and wrongful death claims arising from maritime accidents.

• 14
• January
  2012

On Monday, January 9, 2012, powerful storms passed through the Houston, Texas area, bringing strong winds and hail.  As a result, home and business owners in many parts of Houston and its surrounding areas suffered property damage.  At least two tornados were confirmed, with winds reaching up to 95 mph.  Apparent tornado damage was also reported in areas near Katy and Sugar Land, leaving behind torn roofs and toppled fences.  

Doyle Raizner represents business and homeowners who have suffered wind, fire, and other property damage.  As a result, we encourage Houstonians to take adequate precautions to protect their businesses and homes, and to vigilently monitor any insurance claims as they progress.

• 28
• December
  2011

Today the ICANN Uniform Domain Name Dispute Resolution panel rejected KBR's attempt to silence www.kbrlitigation.com, the public information site maintained for the Qarmat Ali vets and public to stay informed about the KBR Qarmat Ali litigation.  Although literally dozens of sites used "KBR" and various combinations, KBR chose to pursue a claim to shut down www.kbrlitgation.com.  In finding that the domain name would "clearly represent a nominative fair use of Complainant's /KBR's/ mark", the panel's decision bolsters free speech and transparency on the web. 

The panel's full decision is available here:

National Arbitration Forum Decision on kbrlitigation.pdf

• 19
• December
  2011

Following recent disasters such as the Joplin tornado, the Arizona hail storm, Hurricane Irene, and the Texas wildfires, insurers have continued to act in bad faith in order to maintain their bottom line.

With an eye on keeping profits up, insurers have turned to post-claims underwriting and underinsurance as a way to avoid paying out policy limits.  In doing so, insurers do not properly determine a property's value prior to the issuing a policy, instead waiting until after property loss occurs in order to avoid paying out on a policy by claiming that the property was never adequately insured.  

Doyle Raizner represents with policyholders who have had their claims disputed, delayed or denied by insurers operating in bad faith.  

For more on this issue, read our article Underinsurance, Post-Claims Underwriting and the Detriment to Property Owners.

• 16
• December
  2011

Earlier this week, Congress passed a new defense approprations bill.  Included is a key amendment designed to promote greater transparency in the government's dealings with military contractors.

Under the new terms, the military is required to inform both the House and Senate Armed Services Committee when signing contracts granting military contractors immunity from liability.

The goal of the bill is to force greater transparency in the Pentagon's dealings with contractors, particularly in light of the military's contract with KBR, which attempted to give KBR immunity from various aspects of its operations during the Iraq War.

Doyle Raizner represents U.S. and U.K. servicemen harmed by exposure to sodium dichromate (hexavalent chromium) after being contracted by KBR to monitor its Qarmat Ali Water Treatment Facility in Iraq.  Litigation in this case is still ongoing in Oregon and Texas.

More information on the bill is available here.

• 12
• December
  2011

As we pass the six-month anniversary of the May 2011 tornado that struck Joplin, Missouri, many insurers are seeking to take advantage of obscure contractual clauses to avoid paying out amounts owed under their policies.  In particular, insurers are trying to enforce policy terms that require properties to be rebuilt within six months--conditions that are hard, if not impossible to meet, after the large-scale devastation that Joplin has experienced.

More information on the tactics being employed by insurers is available here.

Doyle Raizner is a member of the Renew Joplin Legal Team, which has represented Joplin policyholders experiencing problems with their insurance claims and educating community members about important insurance issues.

• 07
• December
  2011

Jeff Raizner and Andrew Slania attended the National Association of Public Insurance Adjusters (NAPIA) Mid-Year Meeting last week in Phoenix, Arizona.  NAPIA provides a nationwide resource for public adjusters, who may be able to help in the  event of a property insurance claim.

NAPIA hosted a fantastic meeting, with adjusters from throughout the United States and numerous educational opportunities to continue learning about ongoing insurance issues.

Many thanks in particular to Clay Morrison, of Morrison & Morrison, for planning very interesting and informative speakers.

Both Jeff and Andrew are proud attorney associate members of NAPIA.