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Legal Issues



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Using Surveillance to Aggressively Defend a Claim - September 4, 2019

Post-accident video surveillance, social media canvassing, medical record canvassing, and public record document searches are great ways to aggressively defend a claim. In general, surveillance of any sort can be used to better assess liability and exposure of a case. Whether for good or bad, defense attorneys can use information obtained from surveillance to form better litigation, settlement, and trial strategies. Surveillance is simply a continuation of the immediate post-accident investigation strategies to aggressively defend a case. Read More »

 

Sellers Beware: Failure to Disclose Known Defects When Selling Real Estate Could Cost You - August 20, 2019

Snakes on a plane are one thing, snakes in your home is another. A recent trial highlighted a real estate nightmare: the buyers found a snake infestation after they moved in. The sellers claimed there had not been any snake problems in over 14 years, but the court ruled that the sellers had breached their disclosure duties when completing the Sellers Disclosure Form, costing the sellers tens of thousands of dollars. Read More »

 

What Do You Do After a Slip and Fall? - August 1, 2019

One day, a customer enters your restaurant, slips, falls, and breaks her leg. What do you do? Who do you call? Should you be worried about a lawsuit? Read More »

 

Iowa Workers' Compensation Electronic Filing Changes: What Every Employer and Insurance Carrier Needs to Know - July 19, 2019

Effective July 22, 2019, parties will now need to file pleadings, motions, settlement documents, hearing exhibits, hearing reports, etc. with WCES. Read More »

 

Iowa Publishes Standardized Form for Assistance and Service Animal Findings by Medical Providers - July 19, 2019

The new standardized form for medical professionals who assist disabled tenants by providing opinions regarding assistance or service animals as a reasonable accommodation was published on July 17, 2019, and is effective immediately. Read More »

 

Loss of Earning Capacity Versus Functional Impairment for Compensating Unscheduled (Body as a Whole) Work Injuries under the 2017 Amendments - July 9, 2019

A workers' compensation arbitration decision was recently filed in what appears to be the first time the Iowa Division of Workers' Compensation has dealt with how to compensate unscheduled work injuries under the 2017 Amendments, specifically when the claimant no longer works for the same employer. Read More »

 

Legislative Update: Idiopathic and Unexplained Falls - June 20, 2019

Effective July 1, 2019, injuries in the workplace from idiopathic and unexplained falls will be subject to a new law. Read More »

 

Bad Faith Claims Are Barred Against Third-Party Administrators - June 14, 2019

In De Dios v. Indemnity Insurance Company of North America, the Iowa Supreme Court set out to answer a certified question of law: Can third-party administrators be liable for bad faith failure to pay workers' compensation benefits? Read More »

 

Iowa Landowners Disappointed by Iowa Supreme Court Eminent Domain Decision - May 31, 2019

On May 31, the Iowa Supreme Court decided Texas-based company, Dakota Access, lawfully used the state's power of eminent domain to seize land from Iowa citizens for the Bakken oil pipeline. Read More »

 

2019 Iowa Legislation Affecting Iowa Landlords - May 28, 2019

The 2019 Iowa legislative session came to a close on April 27, 2019, resulting in a handful of new laws directly affecting Iowa residential landlords. Below is a summary of those new laws, along with commentary on a few landlord-related bills that did not pass this session. Read More »

 

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