Use of Social Networking Evidence in Insurance and Workers' Compensation Litigation
Two of our readers from Minnesota, Gregory M. Duhl (Associate Professor of Law at William Mitchell College of Law) and Jaclyn Millner (of Fitch, Johnson, Larson & Held, P.A.) have recently posted a draft of an article (to be published in the Pace Law Review) on the use of social networking evidence in insurance and workers' compensation litigation.
This area of law (and life) is becoming a force to be reckoned with, and certainly worthy of discovery in the appropriate case. As we have noted on other posts, we have been successful in getting some really damaging evidence against litigants from even their public posts on these social networking sites.
Greg and Jaclyn have provided a link, and would welcome any feedback that our readers might have.
Please click here for the link.
Tennessee Hospital Lien Does Not Attach to Medical Payment Benefits
In Shelby County Health Care Corporation d/b/a Regional Medical Center v. Nationwide Mutual Insurance Company, the Tennessee Supreme Court held that the statutory hospital lien act does not attach to medical payment benefits paid pursuant to an insurance policy. In this case, the “Med” attempted to recover the full amount of its medical treatment rendered to Kevin Holt, the Nationwide insured, which exceeded $33,000.00. The Nationwide policy included medical benefits coverage of $5000. The Trial Court had awarded $5000 in damages, and the Court of Appeals had actually increased the judgment to 33,823.02. The Supreme Court reversed the judgment of the Court of Appeals and dismissed the suit against Nationwide. For a PDF copy of the opinion, click here.
