North Shore Towers Courier n August 2013 5 Private Transportation & Shopping Service Legally Speaking By: Scott Baron, Attorney at Law Advertorial READ AND WRITE Q: Last fall, in order to insure our home, we decided to get a homeowner’s policy. Speaking to our broker, we specifically requested a million dollars of coverage. I have to confess that we never read this policy. It turns out that our liability limit was only 300 thousand. The following summer, a fire broke out. Both our broker and the adjuster made a detailed inspection of the damage. Afterwards, we thought that the adjuster had authorized us to demolish what was left, and we did. A: Generally, a broker has a duty either to obtain the coverage you request or to inform you that she cannot. To the extent that you can give testimony or have other proof of a specific request, your failure to read the terms of this policy, despite your ample time to do so, is not necessarily fatal to your case. Under the doctrine of spoliation of evidence, one who destroys evidence can be penalized to the extent that the destruction was willful, the lost evidence was central, and your opponent was set back in his ability to make a case. Sounds like no penalties are warranted here: your insurer carried-out a detailed inspection, and you have an honest recollection that the adjuster authorized a demolition. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Celebrating Our 66th Year! Of Mineola A Name You Can Trust Since 1947 • On-Premises Fur Storage in Temperature Controlled Vault • Specializing in Custom- Made Coats and Remodels • All Work Done on Premises • We Repair and Clean Fur Storage, Clean & Glaze $8495 Come In And See Our New Spring Collection Of Leathers 260 Jericho Tpke., Mineola 516-746-5500 www.tsontosfurs.com Hours: Mon.-Fri., 10-6; Sat., 10-5 Evenings By Appointment Mature, friendly woman with private car available to assist you with all of your transportation, shopping and medical needs. I can take you on doctor appointments and wait with you if needed. Very organized and can help you with all your monthly bill payments. Please call Susan and help make your Life Easier! 347-572-5148 Special Senior Citizen Discount. Will Beat all Competitors Prices. References available if required.
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