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Legal News Archives

Unclaimed life insurance lapsed policies under House Bill 302

Todd Strong recently met with Illinois State Treasure Michael Frerichs for a briefing on a program that he has instituted in the Treasurer's Office for unclaimed life insurance lapsed policies under House Bill 302. This a very beneficial program to individual program to individuals who are beneficiaries of lapsed life insurance policies where the insurance carriers have not paid out life insurance proceeds because formal claims were not paid. This sounds unusual. However, this scenario is all too common. Oftentimes, surviving spouses may have been unaware that they were named on multiple insurance policies purchased by their spouse. Other times, surviving spouses may have undergone severe health issues, such as Alzheimer's or other debilitating diseases which disable them from making the appropriate formal request to life insurance companies to pay out life insurance proceeds that they are entitled to under purchased and paid for life insurance policies.

Illinois Health Care Services Lien Act and Minors

When an injured person receives medical treatment as a result of personal injuries he or she sustained due to another person's negligence, then to recover for the treatment rendered, Medical Providers and Medical Professionals under Illinois Health Care services lien act can claim a lien on injured person's personal injury case. This lien cannot be claimed if the services rendered are due to and under the provisions of the Workers' Compensation Act. Even though a lien can be claimed by the Health Care Providers/Professional for the full amount of the services rendered/bills generated, Pursuant to the Health Care Services Lien Act, if there are multiple liens claimed by different Providers/Professionals, the sum of all liens combined cannot exceed 40% of the total settlement or award. If there is one lien holder, then the lien for that Provider/Professional cannot exceed more than one-third of settlement or award.

Volkswagen Emissions Scandal Affects Hundreds of Thousands

As far back as 2009 automaker, Volkswagen ("VW"), has allegedly been using a computer software hack to fool the U.S. Environmental Protection Agency ("EPA") regarding vehicle performance and emissions levels in several models that utilize VW's turbocharged direct injection (TDI) diesel motor. In September. 2015 the emissions scandal broke when the EPA allegedly learned that VW was using computer code in its 2.0 and 3.0 litre TDI diesels that gave "false" data when the affected vehicles were undergoing emissions testing. The affected vehicles currently number over 500,000 and include several models of VW, Audi, and even Porsche, who was supplied 3.0 litre TDIs from VW for use in one of its SUVs.

A Cross Roads at this Election

The governor's race is quickly winding down. We are now less than a month away from the election and I believe that this election will have a significant impact on many injury victims. There are numerous issues to consider when thinking about which individual to vote for and I don't plan to talk about any of them other than how this election may affect the areas of personal injury and worker's compensation.

New Regulations Related to Pain Medication

Many injury victims will now face additional obstacles in obtaining access to pain medication prescribed by the doctors. This is because in October, the FDA has changed the classification of Vicodin and other medications that combine hydrocodone with Tylenol and other medications to fall into the same category as straight hydrocodone. To understand this, you has to understand that drugs are classified by the FDA under a 5 tiered schedule. Schedule I drugs being the most restricted and Schedule V drugs being the least restricted. Schedule I drugs are those which are deemed to have no current medically approved application in the United States AND which display a high potential for abuse and addiction. No doctor may write a prescription for Schedule I drugs which include substances such as heroin and LSD.

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