Gallagher & Associates Law Firm 
Client Matters 

 August 2012

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Penn State's Insurance Problems 

 

While its clear that Penn State has its share of problems lately with the NCAA and law enforcement authorities, it may have an unforeseen problem, liability insurance.   

 

Penn State's problems continued when the university's primary general liability insurer filing a motion claiming coverage should be denied because the administration failed to disclose what it knew about former coach Jerry Sandusky's behavior. The motion, filed in common pleas court by the Pennsylvania Manufacturer's Association, says Penn State did not provide it with information relevant to the insurable risk the association assumed. The association has already sued Penn State over the coverage of one of Sandusky's victims' claims against the university, filed in November 2011. The association has insured Penn State under general liability policies since 1976.

 

"It would be unlawful and contradictory to public policy to require PMA to provide coverage to PSU under any policy issued to PSU after May 1998 with respect to PSU's concealment of Sandusky's sexually abusive conduct ... and failure to take appropriate action to prevent Sandusky from molesting minors," the motion read.

 

The motion comes after former Penn State President Graham Spanier denied a role in a university cover-up of Sandusky's actions. Spanier has not been criminally charged in the case. However, an investigation by ex-FBI chief Louis Freeh concluded that he helped university officials conceal allegations of sexual abuse against the former assistant football coach.

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Supreme Court on Foreclsoure

Michel Ann Hill

  

In May, the Supreme Court of Florida heard the case of Pino v. The Bank of New York. In this case, the bank filed documents at the trial court level to allege assignment of the mortgage. After the homeowner filed a motion for sanctions alleging that these documents were fraudulent, the bank voluntarily dismissed the case, only to bring it again a few months later.

The bank's attorneys maintain that voluntary dismissal is a long-standing rule of law which, if not allowed, would have vast consequences in all kinds of litigation.

However, the homeowner's attorneys are arguing that banks are regularly exploiting the rule allowing for voluntary dismiss to dodge these fraud sanctions.  

    

The Supreme Court, in the coming weeks or months, will answer the question of whether banks may voluntarily dismiss cases in which fraudulent documents are filed with the court to escape sanctions.

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7 Questions: Amanda Ferro

Getting to Know your G&A Team Members 

Amanda Ferro

Favorite Movie: Tommy Boy
Favorite TV Show: Myth Busters
Favorite Drink: Sweet Tea
Favorite Restaurant: Maggiano's   
Dream Vacation Destination: Tahiti 
Favorite City: Whitestone
Guilty Pleasure: Cash Cab 
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Citizens Insurance Rate Hike

 

Proposed Citizens Insurance Rate Hike
Proposed Citizens Insurance Rate Hike

No Evidence of Mermaids

Erika Mariz

 

In case anyone was concerned with the existence of mermaids, an agency for the U.S. government says there is no evidence of mermaids. According to the National Oceanic and Atmospheric Administration (NOAA), mermaids do not exist.

 

NOAA's National Ocean Service issued a statement through its website on the subject of mermaids after public inquiries were made to NOAA about the existence of mermaids. NOAA stated that "[n]o evidence of aquatic humanoids has ever been found." Per the Ocean Service's spokesperson, inquiries were made to NOAA after a program aired on the Discovery Channel's Animal Planet on the subject of mermaids.

 

The Animal Planet aired a program called "Mermaids: The Body Found." The program was a two-hour science fiction special based on some real events and scientific theory. The program explores how mermaids may be real and have evolved from early humans and still exist. After watching the show, some people thought it was an educational program. However, it was more surprising that NOAA had to issue a statement to clear up any doubts as to the existence of mermaids.

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Kim 4 Judge

G&A is proud to support Kim Campbell in her campaign for Pinellas Circuit Judge.  We believe Kim will make an excellent judge and would urge you to consider supporting her.

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Evolution of Olympic Games

Michael Ann Hill 

                          

The Olympic games began in 1896, but since then the Olympic games have changed greatly. From 1900 to 1920, various clubs participated in the Tug of War Event.

 

In 1900, Paris hosted the games and introduced live pigeon hunting to the roster. This remains the only Olympic event in which animals were intentionally harmed.

 

Additionally in 1900, the long jump for horses was played and promptly scrapped from the lineup. Finally, Solo Synchronized Swimming was given a whirl in three different years, 1984, 1988, and 1992. 

 

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About Our Firm 

 

Gallagher & Associates Law Firm, P.A. is a boutique consumer law firm in offering concierge legal services to individuals, consumers and small businesses where clients have 24/7 access to their attorney. 

 

Our practice areas include foreclosure defense, insurance litigation, real estate litigation and business law and consumer litigation.


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In This Issue
Penn State & Insurance
Supremes on FC
G&A 7 Questions
Citizens Rate Hike
No Mermaids
Campbell for Judge
Olympic Games
G&A News & Notes
Bloody Good Idea
Jury Duty Excuses
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View our profile on LinkedIn
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View our photos on flickr
Visit our blog
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G&A News & Notes 

 

*Charles Gallagher was featured on ABC Action News in connection with a hurricane insurance claims story.

 

*On November 8, 2012, Charles Gallagher will present on Bad Faith Litigation at the NBI's Bad Faith 101 in Tampa.
 
*Charles Gallagher was featured on Fox 13 in connection with a story on the terminated lifeguard
 
*On September 12, Charles Gallagher will present on Commercial Landlord Tenant Litigation in Tampa at a SES Seminar.  

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A Bloody Great Idea 

Jay Hornbeck

 

Brazilian football club Vitoria states they will slowly add back the red hoop trademarks back to the teams shirts as the fans donate blood. The more actively the fans participate the quicker they will see the results on the jerseys and subsequently help save lives.

 

The club hoists a banner on the field that states "Vitoria has always given its blood for you. It's time for you to give yours." Only around 2% of Brazilians give blood regularly. The World Health Organization recommends the number should be 3%.

 

I am a great supporter of finding interesting and creative ways to increase our blood donations. I have thought that healthy prisoners should be able to give regularly and as a reward work toward their release (there is obviously much more to think about on this topic though).

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Jury Duty Excuses 

Jay Hornbeck

 

I recently came across an article about how to get out of jury duty. The article is in jest of course, and recounts interesting voir dire (jury selection) responses that occurred during R. Kelly's trial in Chicago. Among the responses:

 

1. One jury candidate suggested that the age of consent should be lowered to puberty, as "nature" intended it.

 

2. One candidate waited several minutes after being asked if they could give the defendant a fair trial.

 

3. One candidate called R. Kelly a "musical genius" and said that only negative thing to be said about him was that he did not get along with "Jay-Z."

 

4. One candidate stated: "I believe Mr. Kelly is guilty of the charges due to what I have read in the papers, and the fact that he was indicted by the grand jury further validates my beliefs." This was a legal secretary, of course.

 

5. Another candidate stated: "R. Kelly may have led the Taliban in attacking us on 9/11, but you can't prove it."

 

This article humorously shows the importance of jury selection. The question left over is, 'were they serious?'

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Erika Mariz   

Jason A. Cox

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 W. Jay Hornbeck, III 
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Micheal Ann Hill

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