| Volume 119 Number 11 |
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The People’s Lawyer’s Tip of the Day
Auto insurance is often an afterthought for people buying cars. Moreover, you may think the only insurance question to ask is, “How much will it cost to insure this car?” Asking a few more questions, however, can help you head off unpleasant financial surprises. Here are five questions to ask.
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U.S. Carriers Offer Refunds on Zika Concerns
The USA's biggest airlines are allowing some customers to cancel or postpone their trips if they’re ticketed to fly to areas affected by Zika. Other airlines are also following suit. Click here for more.
Your Money
For many, home ownership requires taking out a long-term mortgage. The problem with long-term mortgages is that a significant portion of the money goes toward interest rather than the principal amount of your loan. During the early years of your mortgage, your payments go primarily to interest because you are charged interest based on your outstanding principal. The sooner you pay down your principal, the less money you'll lose to interest, which means you'll have more cash available to invest for retirement or other life goals. Here are some tips to save money on those interest charges. Click here for more.
For the Lawyers
Wrongful-death claim is “independent” of any claims held by a decedent and not subject to nursing home agreement arbitration clause. In 2011, Mr. Nichols was admitted to the Richmond, Kentucky, Kenwood Nursing & Rehabilitation Center. He signed an agreement that states that it applies to “any and all disputes arising out of or in any way relating to this Agreement” including “wrongful death.” After Nichols died, his estate sued, asserting wrongful death and other state law claims. The district court declined to compel arbitration of the wrongful-death claim, but stayed the case until arbitration of the other claims was complete. The Sixth Circuit affirmed, relying on state law precedent, not preempted by the Federal Arbitration Act, that a wrongful-death claim is “independent” of any claims held by a decedent and constitutes a “distinct interest in a property right that belongs only to the statutorily-designated beneficiaries.” Decedents have no “cognizable legal rights” in that claim. Richmond Health Facilities v. Nichols Click here for more.