New Website LaunchedPosted in Updates on November 30, 1999 by Administrator DavidKerce.com is now live. Click around and view videos and advice from David Kerce himself. Welcome to our New Website. We hope you find it helpful. Occasionally I will be adding, changing, deleting, info and updating the blog. Please feel free to post a comment, email or give me a call. Great Day. Health Care Law UnconstitutionalPosted in Updates on November 30, 1999 by David Florida Federal District Court Judge Vinson declares Obama Care unconstitutional and strikes down the entire law. Rationale was that Congress does not have power to compel you to buy health insurance. Congress relied on the Commerce Clause, which court said did not confer such a broad grant of authority. My opinion: it is about time the Courts began to reign in the Commerce Clause as a constitutional vehicle for Congress to pass national mandates far and away greater than our Founding Fathers intended. What say you? Compulsory Medical ExaminationsPosted in Updates on November 30, 1999 by David The Fifth District Court of Appeals ruled that failure of insured to attend a presuit Independent Medical Examination under the policy was a bar to her suit. A jury awarded her benefits under her State Farm policy of insurance after a trial. On appeal the Fifth District reversed on the above basis. Moral of the Story: you have a duty to cooperate with your insurer as dictated by your policy. This applies to all insurance contracts, not just auto as the case was here. To protect yourself, consult an attorney before you comply with any request of an insurance company, either yours OR the adverse carrier. |





