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February 2014 Archives

Insurance Bad Faith

Anytime an insurance company wrongfully denies a claim, they are acting in bad faith. The insurance policy between the insurance company and the insured is considered a contract that requires the company to act in good faith. Insurance companies often try to deny a claim for any reason they can or underpay for a claim. Bad faith needs to be proven by the insured by showing how the insurer failed to honor their policy.

Summit Park Volunteer Fire Department investigated by Fire Commission

The Summit Park Volunteer Fire Department in Harrison County, West Virginia, is being investigated to determine if the fire department is in compliance with state law. The investigation was requested by the family of the late Nutter Fort volunteer firefighter, Michael Garrett. Garrett was killed February 1, 2014, while responding to a communications tower collapse in the Summit Park area.

Divorce: The Grounds

In order to be divorced in West Virginia, the couple must first establish the ground, or reasons, for the divorce. In order to decide on a ground, the couple must prove that ground. A spouse in the marriage only needs to prove one ground in order to have the divorce granted.

House fires and insurance companies

After a house fire, homeowners often times make claims to their insurance company. When talking with the insurance company, be sure to record your claim number, your adjuster's name, and the name of the person you spoke with. The insurance company will send an adjuster to your home to assess the damage of your home. The adjuster may record a statement from you and give you an advance in money to pay for the necessities for the time being.

What can the judge decide during the divorce process?

During a divorce in West Virginia, the family court judge decides the divorce. West Virginia has 35 family court judges in 26 family court circuits. The judge depends on where the divorce is filed. The judge can decide on property, debts, alimony, child custody, and child support in a divorce.

Divorce: The Basics

In order to obtain a divorce in West Virginia, certain elements must be met. A couple seeking a divorce in West Virginia must have been married in West Virginia and at least one of the spouses must continue to reside in West Virginia. Alternatively, a couple seeking a divorce in West Virginia can obtain a divorce in the state if the couple has resided with the state for at least 12 months.

U.S. fire departments respond to 42 house fires every hour

West Virginia has the second highest death by fire rate of 37.2, after the District of Columbia. The relative risk of dying in a fire in West Virginia is 3.3 while the U.S. general population relative risk is 1.

Company involved in fatal collapse received prior citations

S & S Communications, one of the companies involved in the February 1, 2014 cell-phone tower collapse was previously cited by the Occupational Health and Safety Administration in 2009 after an employee fell to his death.

What is the statute of limitations?

The statute of limitations dates back to early Roman Law and is the deadline for filing a lawsuit. Once the statute of limitations runs out, the legal claim is no longer valid. This is designed to prevent fraudulent claims from arising after all evidence has been lost. The statute of limitations is a defense that is typically asserted by the defendant to defeat a claim brought against them after a certain amount of time has passed.

OSHA investigation could take up to six months.

According to recent news reports, the February 1, 2014, collapse of cell towers could take up to six months to investigate. According to OSHA's area director, Prentice Cline, OSHA arrived at the site of the collapse on Saturday and has started collecting evidence.

Harrison County Cell Phone Tower Collapses

On Saturday, February 1, 2014, three workers were killed and two others seriously injured when a cell phone tower collapsed in Harrison County, West Virginia. The incident occurred on Murphy's Run Road in the Summit Park area of Clarksburg, West Virginia.


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