The pltf in the Mcdonalds case was way up in her years and wore heavy wool clothing. The liquid went trhou 3 layers of woolen clothing. The coffee was red hot. 3rd degree burns.
My personal opinion is that the verdict is correct. HRH is not a small time podunk agency. They’re nationwide and handle small/mid-sized business.
Each year that the renewal of the client’s coverage comes up, the agent should have addressed the lack of workers compensation…THEN, follow up in writing and have the client sign and confirm that they acknowledge they do not have workers’ compensation.
Having worked in the business (both in California and Texas) for over 20 years, this is a common sense move that would have protected the agency’s ASSets.
Is it excessive – maybe. But the information we don’t have is all of the details that came out at trial. All we have is a summation. There may have been information that came out at trial that showed the agency had truly dropped the ball on this one.
Insurancegal may not have said the mcdonalds coffee case/lawsuit was frivolous but i will. the pltf was stupid and we should not reward people for their stupid behavior. the case should have been thrown out of the case due to the pltfs entitlement attitude and the belief in no personal responsibility. sorry for being off topic.
Steve. Bet you wear a Kaiser Hat. As a result MacDonalds does not fill the cup all the way up and gotta wait a bit before drinking it. It’s still molten.
Do you know how many times I have burned my tongue on my mother’s good food? I have yet to sue her. But coffee drinker, if you will be my lawyer, I will do it. Because that is just irresponsible of her to serve food (that is expected to be piping hot) piping hot.
And then after that, i’m going to sue Nike. I bought the running shoes, how come I can’t dunk like mike? I agreed to be just like him!
And then after THAT, i’m going to sue Dell, the keyboard’s keep chipping away my manicure and I have to keep getting them fixed.
AND THEN AFTER THAT, i’m going to sue myself because I thought i looked good in pleather.
Coffee is hot. No matter where i buy it from, it’s hot. damn hot. ERGO, i always let it cool down before I drink it.
frivolous is not the word i would use for this lawsuit…but if i put what i want, IJ will bleep it out.
Please don’t compare someone spilling hot coffee on THEMSELVES to an ecoli breakout. That’s apples to oranges.
I don’t know what else to say to you…coffee is hot, be careful before you drink it…I bet you when she burns herself on her own coffee, she doesn’t complain.
Folks – Let’s get back to the original issue. A firm didn’t have workers compensation so they sued (and won) an insurance agency. The firm did not have the required insurance so they sued an agency which did not fully document the fact that the insured didn’t want the coverage. Deep pockets at its worst.
Isn’t this like buying a boat and not getting enough life jackets. When your boat sinks sue the boat dealer who didn’t sell you enought life jackets. To me this is the same concept.
The insurance agent is not responsible to make sure that the clent buys the necessary insurance. The agent is only responsible for getting the client the insurance they ask for. If they decline to purchase insurance it is not the agents fault for the results of that client’s failure.
Wow, so professional. Do you treat your clients and customers this way as well? Guess you don’t know how to have a conversation or a debate. Sucks to be you. Not ignorant just a realist.
A full and proper account review would require that you ask why you have a business w/o Workers Comp. Your AE should offer coverage and every renewal and, if declined, send a letter confirming the decline… Even better, find a reason to get a copy of their WC coverage – needed for umbrella pricing, perhaps.
Calif is an unusual state when it comes to jury awards…the producer should have documented the file, and sent a letter confirming there was and offer and a refusal by the client to purchase the coverage(which is required by law). it seems the emloyeer could have been held responsible if the agent had covered his 6 oclock…never let this happen to you..a note in the file and a letter to the insured, would have saved a lot of grief for all parties involved..
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The pltf in the Mcdonalds case was way up in her years and wore heavy wool clothing. The liquid went trhou 3 layers of woolen clothing. The coffee was red hot. 3rd degree burns.
My personal opinion is that the verdict is correct. HRH is not a small time podunk agency. They’re nationwide and handle small/mid-sized business.
Each year that the renewal of the client’s coverage comes up, the agent should have addressed the lack of workers compensation…THEN, follow up in writing and have the client sign and confirm that they acknowledge they do not have workers’ compensation.
Having worked in the business (both in California and Texas) for over 20 years, this is a common sense move that would have protected the agency’s ASSets.
Is it excessive – maybe. But the information we don’t have is all of the details that came out at trial. All we have is a summation. There may have been information that came out at trial that showed the agency had truly dropped the ball on this one.
Insurancegal may not have said the mcdonalds coffee case/lawsuit was frivolous but i will. the pltf was stupid and we should not reward people for their stupid behavior. the case should have been thrown out of the case due to the pltfs entitlement attitude and the belief in no personal responsibility. sorry for being off topic.
Steve. Bet you wear a Kaiser Hat. As a result MacDonalds does not fill the cup all the way up and gotta wait a bit before drinking it. It’s still molten.
Do you know how many times I have burned my tongue on my mother’s good food? I have yet to sue her. But coffee drinker, if you will be my lawyer, I will do it. Because that is just irresponsible of her to serve food (that is expected to be piping hot) piping hot.
And then after that, i’m going to sue Nike. I bought the running shoes, how come I can’t dunk like mike? I agreed to be just like him!
And then after THAT, i’m going to sue Dell, the keyboard’s keep chipping away my manicure and I have to keep getting them fixed.
AND THEN AFTER THAT, i’m going to sue myself because I thought i looked good in pleather.
Coffee is hot. No matter where i buy it from, it’s hot. damn hot. ERGO, i always let it cool down before I drink it.
frivolous is not the word i would use for this lawsuit…but if i put what i want, IJ will bleep it out.
Please don’t compare someone spilling hot coffee on THEMSELVES to an ecoli breakout. That’s apples to oranges.
I don’t know what else to say to you…coffee is hot, be careful before you drink it…I bet you when she burns herself on her own coffee, she doesn’t complain.
Folks – Let’s get back to the original issue. A firm didn’t have workers compensation so they sued (and won) an insurance agency. The firm did not have the required insurance so they sued an agency which did not fully document the fact that the insured didn’t want the coverage. Deep pockets at its worst.
Isn’t this like buying a boat and not getting enough life jackets. When your boat sinks sue the boat dealer who didn’t sell you enought life jackets. To me this is the same concept.
The insurance agent is not responsible to make sure that the clent buys the necessary insurance. The agent is only responsible for getting the client the insurance they ask for. If they decline to purchase insurance it is not the agents fault for the results of that client’s failure.
Wow, so professional. Do you treat your clients and customers this way as well? Guess you don’t know how to have a conversation or a debate. Sucks to be you. Not ignorant just a realist.
A full and proper account review would require that you ask why you have a business w/o Workers Comp. Your AE should offer coverage and every renewal and, if declined, send a letter confirming the decline… Even better, find a reason to get a copy of their WC coverage – needed for umbrella pricing, perhaps.
Calif is an unusual state when it comes to jury awards…the producer should have documented the file, and sent a letter confirming there was and offer and a refusal by the client to purchase the coverage(which is required by law). it seems the emloyeer could have been held responsible if the agent had covered his 6 oclock…never let this happen to you..a note in the file and a letter to the insured, would have saved a lot of grief for all parties involved..