RECENT CASES

Application for payment of insurance benefits to children of divorced couple following the death of the father.  The divorce decree called for the benefits of a life insurance policy be retained in the name of the ex-father-in-law for the benefit of the sons.  Immediately prior to the death of the father, he changed the beneficiary to his estate.  After a trial to the District Court, which ruled in favor of the deceased’s estate, the Kansas Court of Appeals, Kansas Supreme Court and the United States Supreme Court reversed the decision and reversed the ruling to the benefit of our client and held that the money should go to the sons.

Woman on the way home from Mass on a rainy Sunday was hit broadside by a pickup truck driver who dropped his sandwich in his lap.  We recovered her policy limits, his policy limits and reduced the subrogation of Medicaid and the health insurance company to increase the recovery to our client.

Defense of a claim for negligence on the preparation of real estate documents by a seller.  The seller had taken a second mortgage on a piece of property he had sold.  Our client was asked to prepare the mortgage and note.  After a year and a half of no payments on the second mortgage, the seller tried to recover from the buyer.  He found the first mortgagor had foreclosed the property.  The seller then brought an action against our client to recover the amount of the second mortgage.  We proved the seller had no damages because he had not tried to collect his note from the buyer.

Defense of an insurance claim for unpaid premiums.  A worker’s compensation insurance company had charged the employer for independent contractors based on the gross income of the independent contractor.  We were to mediate the settlement of the matter with a showing of the actual payroll paid by the independent contractors.