Federal laws such as the Gramm-Leach-Bliley Act and HIPPA, apply to claims handling and to the professional activities of the claims representative. True False
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Federal laws such as the Gramm-Leach-Bliley Act and HIPPA, apply to claims handling and to the professional activities of the claims representative.
True
False
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- Mr. Antipatiko filed a suit against Gerald, a registered medical technologist. Mr. Antipatiko went to the clinic and requested for Hepa B test needed for his employment. It was Gerald who obtained the blood from Mr. Antipatiko and consequently processed it for sampling. However, the test result indicated a “REACTIVE/POSITIVE”. Gerald performed another confirmatory test to ensure a reliable result. Still, the second test done had the same result. Gerald then issued the lab result indicating “REACTIVE/POSITIVE” after conformity with the Pathologist. Mr. Antipatiko was declined employment and was so furious and went to the clinic to confront Gerald stating that the result was inaccurate. He threatened Gerald saying that he will file an administrative case against him. If you were Gerald, how will you address and handle the situation? Provide your reason and basis to prevent the threatened suit.Rachel had a fire loss in her condominium unit. As a result of the heat, Rachel's fish tank broke and the two exotic fish worth $5000 died. Rachel has a Condominium Comprehensive Form subject to a deductible of $500. Will the fish be covered under the policy and if so how much would Rachel be entitled to? Yes, Rachel would receive a claim payment of $4,500. Yes, however, Rachel will not receive any payment due to special limits of insurance. No, Rachel will not receive any payment as this loss is an exclusion under Rachel's policy. No, Rachel will not receive any payment as the fish was not a scheduled item on the policy.Considering the potential for civil liability today, professionals like accountants must be aware of their legal obligations. Under common law and statutory law, outline and explain the concepts in the Chapter 22 reading regarding: Potential liability to clients, explaining breach of contract, negligence and fraud, potential liability to third parties.
- Warranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be proven; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally, the nature of the cause of action; hint from what discipline of law does each theory ariseReaction to discussion below: Melodee Lane Lingerie Co. was a tenant in a building where alarm systems were maintained by the ADT company. When the systems were defective and allowed water into the building, it damaged Melodee’s property; Then Melodee decided to sue ADT and their defense was that the service contract limited the liability to 10% of the annual service charge given to the customers. The limitation can be valid since the ADT company did not provide much liability protection. The ADT company can offer another protection plan to Melodee, which would cover her property but at a higher price rate. This case limitation of liability clauses will be enacted since ADT company was not fully liable for Melodee's property, which only would cover the limited 10%. A limitation of liability clauses contract states that one of the parties is not fully liable for damages in case of a breach. The ADT company is at fault for the malfunctions in their systems they should offer a higher…Upon becoming employed by a state-licensed mortgage company, an individual who works for a depository institution as a mortgage loan originator (MLO) shall not be deamed to have tamporary suthority to act as an MLO in an application state if which of the following events has occurred? A) The individual has been a witness in a trial where the defendant was convicted of felony fraud. B) The individual has been subject to a court order for payment of child support. C) The individual had an application for an MLO license denied or an MLO license revoked or suspended in any governmental jurisdiction. D) The individual has submitted an application to be a state-licensed MLO in the application state and was registered in the NMLS as an MLO by the prior omplover
- Giordana borrows $225,000 for Hearthstone Credit Union to buy a home, which secures the loan. Five years into the term, Giordana stops making payments. Hearthstone forecloses and sells the property, but the proceeds are not enough to cover the unpaid amount of the loan. Hearthstone could now obtain a.a short sale b.a redemption c.a deficiency judgment d.a guaranty e.nothing moreWhat happens when homeowners owe more to subcontractors than the total price they were to pay the general contractor because the general contractor has not paid the subcontractors and the general contractor is no longer solvent? a. Courts and states have differing standards of equity applied in resolving these issues b. The homeowners cannot be liened by the subcontractors c. Homeowners are always exempt from paying more than they owed the general contractor d. The homeowners must pay the full amount due to all subcontractorsA sells B his horse for $10000. The horse is blind in one eye but B does not know this until after the sale in completed. Is A liable to B on the ground or fraud? Why or why not?
- Standard Appliance Co. has an employee pension plan under which Aurelia has worked for 31 years. Aurelia is laid off at age 60, and five years later, she retires and attempts to draw her pension benefits. However, Aurelia is informed that she is not eligible for pension benefits because she had not been working under the Standard Appliance Co. plan at the time of her retirement. Is this correct? Yes, if that is what the Standard Appliance Co. plan specifies. No, since Aurelia worked longer than 10 years for Standard Appliance Co. No, since Aurelia's benefits are vested. Yes, since Standard Appliance Co, only has a responsibility to current employees.you are a paralegal involved in a real estate sale transaction. the seller of the property is susan t clarke. the title examination of the property reveals that there are five judgments against susan clarke, S.T clarke and sue clarke. you call the seller, susan t clarke and tell her about the judgements. she informs you on the phone that she is not the susan clarke mentioned in the judgements. what do you do to protect the purchaser in the closingAfter two years of research and the investment of considerable funds, coast-to-coast company (cc) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National sales, Inc, has made and begun to sell a nearly identical prod-uct CC learns from a reliable source that national paod a CC employee to obtain the plans for CC's product while it was in development. What legal re-course does CC have against National ?