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« New co-pays for expensive drugs | Main | Titan Insurance sanctioned for failure to pay medical expenses »

April 14, 2008

More open and obvious

Hope Hanson's claim against Holiday Stores, arising out of her broken elbow, was dismissed because she "could have observed" that a red mat laid on the store floor overlapped a brown mat, creating a trip hazard.  As a result, the Court held that the store had no duty to eliminate the trip hazard.  We're not sure why Michigan retailers or homeowners even bother with premises liability coverage any longer:  the Court has eliminated any duty to take reasonable care of your premises, and we are paying premiums for protection against a phantom liability exposure. 

Has your liability coverage premium come down in the past few years?  The number of actionable cases has been reduced by well over one-half. And the premium dollars have been converted to insurance company profits.

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