wrote to inform Mona's was making changes to insurance policy one month before the changes came into force). The changes included new conditions and limits for a skin surgery benefit. Mona made a complaint about the change in the policy, because the new limit would mean Mona wouldn't be able to obtain skin surgery with her regular doctor. Mona said the insurer should not be allowed to reduce her policy benefits and she made a claim to cover her new skin surgery. Required: Determine whether she can claim the hospital expenses under the new insurance policy? And justify your answer with reasonable justifications?
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- Louisa, who is not a real estate license holder, owns three single-family residences, which she rents out. (She does not occupy any of the residences). Does she have to abide by the Fair Housing Act when selecting tenants? Louisa is exempt from the Fair Housing Act, although she may not use discriminatory advertising. Louisa is exempt from the Fair Housing Act under the Mrs. Murphy exemption. Louisa is not exempt from the Fair Housing Act. Louisa is not exempt under the Fair Housing Act, but she is exemptunder the Florida Residential Landlord and Tenant Act.27. Vicarious liability refers to a situation where: the employer is held legally responsible for actions of its employees the employer serves alcohol at company-sponsored events the onus is on the employer to prove it was not negligent none of the aboveAcme Co. does not want to install an elevator in their building to provide access to a second floor storage loft since only one of their seventy-five employees might need elevator access. Acme's best defense to a charge of discrimination would be _____. infrequency of use undue hardship unreasonable accommodation undue expense
- Michael Hauck claimed that he was discharged by his employer, Sabine Pilot Service, because he refused its direction to perform the illegal act of pumping the bilges of the employer’s vessel into the waterways. Hauck was an employee at will, and Sabine contends that it therefore had the right to discharge him without having to show cause. Hauck brought a wrongful discharge action against Sabine. Decide.Please give your answer using the IRAC format. Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis: Applying the rule of law to the facts of the problem presentedConclusion: Answer to the IssueSome states recognize which exemption(s) to worker termination under the at-will employment doctrine? A. public policy B. implied contract C. just cause D. All of these choices are correct.Which of the following sorts of nuisance could lead to a tort claim a. Tolerable Nuisance b. Private Nuisance C. Puissance O d. Interpersonal Nuisance
- Francine posts on social media that she will pay $500 to anyone who will clear her lawn of leaves. One of Francine's friends is dating Bob, who goes out and collects all the leaves. When he asks for payment, Francine says that the two never had a contract. Is Francine correct? Briefly explain.In the Silvestri v. Optus Software, Inc. case, the employment contract contained a 2-year employment agreement with a satisfaction clause. Which of the following was held? A. The satisfaction clause was not enforced, because it was a restraint on trade. B. The satisfaction clause was not enforced, because it was subjective. C. The employer breached the contract and had to pay damages. D. The termination of employment before the 2- year period was enforced.Which of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disability
- The employment-at-will doctrine O does not permit employers to fire employees unless they give them advance notice. O has been abolished in most U.S. states. O exists in some form in every U.S. jurisdiction. O applies in cases where an employee has an implied contract.Corey, who works as a mechanic, falls off a ladder, breaks his arm, and loses consciousness. Upon returning to the company post-treatment, the company transfers him to a different position. Does the company need to make a report under the Occupational Safety and Health Act (OSHA)? If yes, what are the details to be included in the report? Explain.The National Safety Council estimates that one quarter of all automobile and truck accidents involve cell phone use or texting. In fatality and injury vehicle accidents, plaintiffs’ attorneys subpoena cell phone records, which often form the basis of compelling liability cases against driver-employees and their employers via vicarious liability. While balancing the privacy rights of the employee, with the business practice of the employer, is it appropriate to ban all cell phone usage while driving on company business. Please fully discuss. HINT: Address the Vicarious Liability & Privacy Rights Issues. Please use the IRAC format Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis: Applying the rule of law to the facts of the problem presentedConclusion: Answer to the Issue