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Alchenar posted:Um, maybe the US has different rules over contracts of the upmost fidelity but did you just suggest that he commit insurance fraud? He's suggesting that if the insurance provider doesn't ask if he uses the car for business, not to tell them. Would you volunteer that information?
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Dec 20, 2010 16:03
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Loopyface posted:He's suggesting that if the insurance provider doesn't ask if he uses the car for business, not to tell them. Would you volunteer that information? In the UK? Yes. Not to do so would be fraud. I'd be forfeiting all right to the insurance and potentially opening myself up to prosecution.
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Dec 20, 2010 16:25
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Alchenar posted:In the UK? Yes. Not to do so would be fraud. I'd be forfeiting all right to the insurance and potentially opening myself up to prosecution. He didn't say lie to them, he said not to volunteer the information, which means, if they don't ask, don't say, if they do ask, tell the truth.
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Dec 20, 2010 16:47
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Fraud would turn on whether or not he knew he was prevented from making the claim. If he did know, omission of such a material fact would likely be misleading.
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Dec 20, 2010 16:53
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OzzyBlood posted:He didn't say lie to them, he said not to volunteer the information, which means, if they don't ask, don't say, if they do ask, tell the truth. Insurance contracts usually place an absolute duty to reveal all relevant facts onto both parties.
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Dec 20, 2010 17:00
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TheBestDeception posted:Fraud would turn on whether or not he knew he was prevented from making the claim. If he did know, omission of such a material fact would likely be misleading. Can anyone make sense of this?
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Dec 20, 2010 17:01
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Alchenar posted:Insurance contracts usually place an absolute duty to reveal all relevant facts onto both parties. Not complying with an insurance contract doesn't automatically mean you're committing fraud. EDIT: Oops, sorry for the doublepost.
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Dec 20, 2010 17:03
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eviljelly posted:Can anyone make sense of this? If he somehow didn't think that driving for employment purposes wasn't a relevant fact then not volunteering that information wouldn't result in him making a fraudulant fact. Of course whether or not it is a relevant fact will be in his insurance contract and he will be taken to know the terms and conditions it contains so actually that's practically impossible. e: I can't possibly imagine how someone can make a fraudulant claim on an insurance contract and not be commiting fraud.
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Dec 20, 2010 17:03
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Over here, insurance policy exclusions are affirmative defenses to coverage, subject to waiver if not asserted and proved. If the insurer does not collect sufficient evidence to assert and prove the policy exclusion, that is the insurance company's problem. I chose my words carefully in suggesting that he not "volunteer" information. But if they ask, he has to tell, otherwise it is insurance fraud.
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Dec 20, 2010 17:04
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Edit: Beaten like a pizza delivery car.
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Dec 20, 2010 17:05
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Alchenar posted:If he somehow didn't think that driving for employment purposes wasn't a relevant fact then not volunteering that information wouldn't result in him making a fraudulant fact. How did you get that from "Fraud would turn on whether or not he knew he was prevented from making the claim. If he did know, omission of such a material fact would likely be misleading." ? Whether or not he knew he was prevented from making the claim? There's no suggestion that there was anything preventing him from making a claim, so what does this mean? Also, "omission of such a material fact would likely be misleading" - so what? Misleading != fraud. quote:Of course whether or not it is a relevant fact will be in his insurance contract and he will be taken to know the terms and conditions it contains so actually that's practically impossible. Bingo. In order to make a case for fraud, you'd have to make the case that this non-lawyer has a knowledge of the terms of a boilerplate contract that not even many lawyers read through.
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Dec 20, 2010 17:07
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Solomon Grundy posted:Over here, insurance policy exclusions are affirmative defenses to coverage, subject to waiver if not asserted and proved. If the insurer does not collect sufficient evidence to assert and prove the policy exclusion, that is the insurance company's problem. I chose my words carefully in suggesting that he not "volunteer" information. But if they ask, he has to tell, otherwise it is insurance fraud. Well then. I don't usually side with big buisness over individuals over contract law policy but I certainly think it's a bad law that doesn't protect people from dishonesty by omission.
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Dec 20, 2010 17:10
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I have an unemployment hearing wednesday and I have absolutely no idea what I'm walking into. The short version of the story, which can be clarified if anyone answers: quit a temporary zoo keeper job that was supposed to end in a week or two due to someone telling our boss I was badmouthing her all over the place. Boss said the information came from "very trusted long term people" so she was inclined to believe it. Was told the odds of me getting a full time position were nil, that the job was soon to end, and that quitting would not be a problem for her. The poo poo talking was just the last straw, but I had gone to her previously asking to receive ANY training someone could give me. No full time person ever spent a second with me about how to work with very large animals in direct contact. My first day I told the boss that I had never worked with horses before. On this note, the day before I quit there was a microburst storm that came through and I got stepped on and headbutted by a 900lb horse flipping out in the storm, and I had no idea how to handle it. It boils down to someone sabotaging me with my boss, never being trained in a very dangerous job, and this boss saying everyone needed to grow thicker skin. I applied for unemployment since the zoo sent me paperwork to file for it. The state called me and asked for the story. I told them in no uncertain terms that I did quit the job, and why. They said they'd contact me if they needed any more information, and they did not. About two weeks later the checks started coming. About a month and a half later I get the employer-appeal notice. My two questions are what am I to expect in terms of procedure for all this, and what should I do ahead of time for preparation?
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Dec 20, 2010 18:00
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Alchenar posted:Well then. I don't usually side with big buisness over individuals over contract law policy but I certainly think it's a bad law that doesn't protect people from dishonesty by omission. The insurance companies control, pretty much directly, the statehouse, the governor, and the supreme court of my state. They have every legal advantage you can imagine. So placing the duty upon the insured to anticipate an insurer's every defense and disclose harmful information to support those defenses would make prosecuting insurance claims impossible (as opposed to merely "patently unfair and slanted toward the insurer," which is the current state of affairs). So leave us the ability to omit unless asked, please?
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Dec 20, 2010 18:36
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Alchenar posted:Well then. I don't usually side with big buisness over individuals over contract law policy but I certainly think it's a bad law that doesn't protect people from dishonesty by omission. In case you hadn't heard, in this country we have a long history of "don't ask, don't tell" Morbid Florist posted:I have an unemployment hearing wednesday and I have absolutely no idea what I'm walking into. The short version of the story, which can be clarified if anyone answers: You'll be way more likely to get an answer if you tell us which state this happened in
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Dec 20, 2010 19:24
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Incredulous Red posted:In case you hadn't heard, in this country we have a long history of "don't ask, don't tell" Sorry about that, this is massachusetts.
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Dec 20, 2010 19:28
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Here's a story about an ebay seller who tricks a nonpaying winning bidder into buying tickets to a sporting event by creating a sockpuppet account and telling the delinquent bidder that the'll pay almost twice as much for the tickets. http://www.reddit.com/r/funny/comments/em01h/how_i_got_an_uncooperative_ebay_buyer_to_pay_for/ Is the seller/sockpuppet account creator in any legal trouble for doing so? After all, the winning bidder was bound by ebay's contract to pay for the product.
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Dec 20, 2010 20:30
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All said and done I bet the ebay bidder would have a civil case to the tune of 480$. His fake ebay account is just as contractually bound as was the bidders to pay the agreed upon amount. Basically, he moved the legal high ground under her.
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Dec 20, 2010 20:52
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ChubbyEmoBabe posted:All said and done I bet the ebay bidder would have a civil case to the tune of 480$. So just a private message is good enough for a contract?
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Dec 20, 2010 20:56
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Mister Fister posted:So just a private message is good enough for a contract? Well technically that is a verbal contract just like any other. If you put it into a real world scenario it's no different than you saying you'll pay me 1,000$ to build a fence and backing out after I have changed my schedule and bought the materials. (E; actually that's an oral contract which is much weaker because there is nothing written down, a better example would have me writing up an order)
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Dec 20, 2010 20:59
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EDIT: Misread!
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Dec 20, 2010 21:16
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Hey all, I signed up for classes at an MMA gym in August, and did a 3 month contract for 99 dollars a month. I decided to not sign up for further months, and let it expire. When the billing date for the first month I was off the contract (i.e., month 4) rolled around, I got an email saying they tried to bill me again and that the billing failed (debit card, didn't have money on it). I emailed them to ask what was up, and they said "It automatically continues billing after the 3 months are up- it switches over to month to month billing and locks in your rate so you do not need to resign after the three months are finished. Hope this clarifies everything for you, have a great day!". I emailed back telling them that I was no longer using the gym, had not used it since well before the 3 month contract was up due to an injury, and asked if there were any ways to make sure my account was closed. They didn't reply. This month, they bill me AGAIN, and I email them, and they said I never sent them a signed statement asking to close my account. They're also asking for late fees, in addition to the two months that weren't included in the contract. Nowhere in this contract was any mention of auto-billing or signed statements, but I can't give you a copy since they didn't give me one (yes, stupid, I know I should have gotten it). Is there any legal way to dispute the late fees and back payments? Or am I going to end up owing them money for this? Edit: Oh yeah, I'm in New York state. Ugly In The Morning fucked around with this message at 00:58 on Dec 21, 2010 |
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Dec 21, 2010 00:51
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Call your bank and ask for a chargeback for the unauthorized charges if money was taken out of your account, and tell them to deny any further charges from that place. At that point, the ball is in their court, they can't recover the money without going to collections and ultimately suing. Pull your credit report in a few months, and if anything shows up there immediately dispute it with the credit reporting agency. Do not communicate with the gym at all, if they do sue you they will have to produce the contract, but it won't come to that.
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Dec 22, 2010 08:19
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Konstantin posted:Call your bank and ask for a chargeback for the unauthorized charges if money was taken out of your account, and tell them to deny any further charges from that place. At that point, the ball is in their court, they can't recover the money without going to collections and ultimately suing. Pull your credit report in a few months, and if anything shows up there immediately dispute it with the credit reporting agency. Do not communicate with the gym at all, if they do sue you they will have to produce the contract, but it won't come to that. Luckily, the bank already denied it the first time they tried to pull money. Should I go to the state AG at all about this? I absolutely can't afford bad credit/being sued, since I'm going into law enforcement and those are two Very Bad Things for an application. Edit:What about asking for a copy of my contract with the gym? That falls under "don't communicate", I'm guessing?
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Dec 22, 2010 16:36
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Ugly In The Morning posted:Luckily, the bank already denied it the first time they tried to pull money. Should I go to the state AG at all about this? I absolutely can't afford bad credit/being sued, since I'm going into law enforcement and those are two Very Bad Things for an application. You are probably fine. A major part of the buisness model of Gyms is to tell people they are locked into self-renewing contracts and use pressure tactics to get money out of them while making it practically impossible to cancel. The thing is if you don't give in and you make sure your bank and credit facilities know not to accept the charges then it likly ends there because the money they want isn't enough to make it worth suing you. Especially when they'd lose.
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Dec 22, 2010 16:49
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I think I would go into the gym in person, and talk to someone in charge. Sometimes, these automatic payment troubles are the result of lazy admin people who either don't know how to stop an automatic payment or are too lazy to bother. If you go in and talk to the manager, explain the situation, and calmly ask that the automatic payments stop, you might walk out with a win. And if not, you've lost nothing except a little time. If they refuse, make sure you ask for a paper copy of your contract.
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Dec 22, 2010 17:01
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Morbid Florist posted:I have an unemployment hearing wednesday and I have absolutely no idea what I'm walking into. The short version of the story, which can be clarified if anyone answers: I'm not 100% sure about MA, but over here you would be denied. Generally in unemployment cases the burden of proof is on the person who terminates employment. If you're fired, the Employer has to prove cause for firing (this is hard). If you quit, you have to prove cause for quitting. Generally to get away with quitting the employer has to be asking you to do something ridiculous - personally dangerous, hostile work environment (racism/sexism/ageism), illegal job duties, job duties that would open you up to civil liaibility, etc. Looking at your case, you appear to have quit because your boss is an rear end in a top hat. You're going to need some stronger claim than "refusal to train me" and "my contract would not have been renewed anyway" in order to collect unemployment
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Dec 22, 2010 17:20
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Alchenar posted:... The thing is if you don't give in and you make sure your bank and credit facilities know not to accept the charges then it likly ends there because the money they want isn't enough to make it worth suing you. Especially when they'd lose. Are you sure about that? They may never take it to court but they probably will send it off to collections when the amount is at whatever arbitrary amount they decide. "Ignore it and it will go away" has never been solid advice when dealing with this kind of thing in my opinion. I think entris has the right idea: Get the contract and cancel in the way that the contract stipulates. Talk to the manager or whoever and try to work something out since its not right for you to have to pay for something you don't use and not good for them to have someone informing potential customers of their unsavory practices. E: Oh yea and all of the correspondence being through email is fishy. Usually they will send a letter/bill in which you can reply with a formal debt verification/validation letter. ChubbyEmoBabe fucked around with this message at 19:08 on Dec 22, 2010 |
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Dec 22, 2010 19:05
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ChubbyEmoBabe posted:Are you sure about that? They may never take it to court but they probably will send it off to collections when the amount is at whatever arbitrary amount they decide. Yeah, I'm headed over that way tommorow so I'm going to stop in, get the contract, and try to work something out. No mail at all, no phone calls, only email. It's a small organization, so the person I've been talking with has been the manager, who's not in at specified times.
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Dec 22, 2010 23:18
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I have a legal question regarding the FMLA and California's Paid Medical Leave act. I am a graduate student at UC Irvine in Southern California. I am paid as a TA, and guaranteed 5 years in TAships via my admissions contract. My TAships are paid positions, I'm paid as an employee of the University of California, for which I also receive remanded tuition. Recently the following has come up for me. My wife is pregnant, and is about to have the baby (January 18th). The professor I have been assigned to, a lecturer, has tried to tell me that it is *not* acceptable that I take any time off when my wife goes into labor. My union contract isn't of great help to me here, it just guarantees me 2 sick days a quarter, which I will take when the baby comes. I want to take a grand total of ONE week off for the delivery of my son, and my Wife's recovery. Is it possible for me to shove either the FMLA or some state law, anything really, in this woman's face so I can take this time off without her threatening to get my TAship taken away (she can't really do this, btw, but it didn't stop her from threatening me). Really I'm looking for anything here that would legally protect me, you know, so I can actually be there when my baby is born, and help my wife. In other news, this professor is a terrible human being.
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Dec 23, 2010 11:03
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Do you qualify?quote:Q. I have 12 months of service with my employer, but they are not consecutive. Do I still qualify for FMLA? http://www.dol.gov/whd/fmla/finalrule/NonMilitaryFAQs.pdf Another resource: http://www.documents.dgs.ca.gov/ohr/Supervisor/DGSFMLAPolicyProcedures.pdf nm fucked around with this message at 11:13 on Dec 23, 2010 |
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Dec 23, 2010 11:09
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nm posted:Do you qualify? I am pretty sure that I do qualify. The question being I suppose will my invoking my right to FML will the University then remove my tuition remandment, and thus my medical insurance? I'm also curious if there is any other way to go about asserting my right to what amounts to probably three loving days off (given the nature of TA work). And I really really wish there was a way for me to punish this woman for failing to make reasonable accommodation for childbirth. There is, of course, for my wife, but not for me as far as I can tell.
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Dec 23, 2010 11:29
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Legal question taking place in New Hampshire. If someone has a restraining order against you, are they allowed to harass you with calls every day, usually several times a day? I'm wondering if we have any legal recourse against this because it feels like a trap. Thanks.
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Dec 25, 2010 14:26
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This is for Louisiana. So, I moved out of my mom's house 10 years ago and have bounced around since. Apparently, the Louisiana Department of Revenue decided I owed them taxes for 2007 through 2010 for no readily apparent reason (Like I said, I haven't lived there for years). She got the letter they sent for me to that address and sat on it for a while, so I just got it today, well past the response deadline. I'm assuming this is going to be a huge hassle to sort out, but would like to have some idea how serious a problem I'm going to have. Should I just hit up a Louisiana tax attorney to make it go away or is this something I can sort out with some reasonable letters (I suspect not)?
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Dec 26, 2010 08:06
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Methodis posted:Legal question taking place in New Hampshire.
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Dec 27, 2010 01:29
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ZombieLenin posted:I am pretty sure that I do qualify. The question being I suppose will my invoking my right to FML will the University then remove my tuition remandment, and thus my medical insurance? I obviously don't know the specifics of your situation, and I don't know anything whatsoever about CA's FMLA clone, but I can tell you unfortunately that many types of student/professional hybrid positions like university teaching assistants and medical residents are not covered by FMLA by special exception. Be more than just "pretty sure." Good luck. I hope you're get time off.
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Dec 27, 2010 10:33
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Dr. Kyle Farnsworth posted:This is for Louisiana. I don't know about Louisiana, but I had a similar experience with Maryland, and I was able to clear it up with some letters and documentation (for example, your tax returns for the state you lived in during 2007-2010).
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Dec 27, 2010 14:35
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STATE: Alabama RE: Birth Certificate Application Question I have a friend who delivered her baby six months ago while living with relatives in Alabama. She did not go to a hospital, had the baby at home, and since that time she has raised him. The relatives she was living with have moved away, and due to a dispute over who gets to claim the child on taxes, they are refusing to provide her with utility bills for the month in question or an affidavit stating that the child was born there. She has called our state department of health who tell her that she needs a utility bill (which wouldn't even have her name on it) to "prove" that the baby was born in the state of Alabama. Complicating this fact, is that her Driver's License, and all documentary forms of ID are issued by the State of California. How does one "prove" that a child was born in a state? She does have another relative who (I would assume) would be willing to sign an affidavit stating the circumstances and her knowledge. So really - how does a utility bill "prove" that the child was born here? Where else can I get her to look? I know when I contacted the state health department to have myself added to my children's birth certificate after the fact (and despite that I was no longer married to my ex) it was only an issue of money + affidavit even though my ex was no longer in the picture and was the only one on the birth certificate. EDIT: She did have hospital visits up to a handful of weeks before he was actually born in Alabama, but the lady at the health department said that doesn't prove anything. LLJKSiLk fucked around with this message at 15:42 on Dec 27, 2010 |
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Dec 27, 2010 15:36
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State for this is Ohio, just so I don't forget to put it in here somewhere. My roommate and I got a violation of lease notice on our door today for having vomit outside of our apartment. The violation notice and the call my roommate received from the leasing office (we were both out of the apartment at the time) state that it was all over the wall and on the sidewalks. Where the vomit was isn't really the big thing, it's the fact that neither myself nor my roommate or any of our guests were responsible for said vomit, but it's being pinned on us with no real proof. So, I guess my real question is, can my apartment complex legally pin this on us with no real proof?
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Dec 28, 2010 01:57
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bulbous nub posted:State for this is Ohio, just so I don't forget to put it in here somewhere. Um, why do you care?
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Dec 28, 2010 02:09
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