Littlejohn Law LLC - June 2020

Littlejohn Law LLC - June 2020

WWW.LITTLEJOHNLAWLLC.COM 740-314-4829

6/20

BUILD IT. PROTECT IT. PRESERVE IT.

I’m hoping that by the time this newsletter goes out, we’ll be on our way out of this pandemic — but there’s a chance that we won’t be. Over the past couple of months, everyone in the world has had to adapt to new circumstances at breakneck speed, from young students who are still in school to the most experienced CEO. This month, however, many students are graduating and doing their best to find their place in a world in crisis. Everything is changing, from our work environments to the ways we interact with one another. Things may never go back to exactly how they were before the pandemic, but to all the students out there: That doesn’t mean that you can’t succeed. You just have to be willing to adapt. Even when the world isn’t going through a major disaster, change is an important part of life. The idea that we can bank on things always being okay, that we can just “set it and forget it,” isn’t realistic. It never was. Many of you are probably familiar with the phrase, “a rising tide lifts all ships.” It’s a phrase that, in a way, assumes that being average is okay. While that might be true in good times, during a pandemic, or any type of disaster, it’s only the exceptional who make it. I think a metaphor that better illustrates who will be successful is “the cream always rises to the top.” AND HOW RECENT GRADUATES CAN USE COVID-19 AS A LAUNCHING PAD CHOOSE COURAGE OVER COMFORT

I’m not trying to say that we should just expect some people to fail. I think everyone is capable of being exceptional, but in light of our current situation, being capable isn’t what’s ultimately important — it’s being willing to adapt. Some graduates may be tempted to look out at all the uncertainty in the world and declare their situation hopeless before they even start trying to make a life for themselves. They might be perfectly capable of doing so, but if they’re not willing, they’ll never know. So, if you’re a recent graduate (or you know one and you want to share this newsletter with them), start this next stage of your life by acknowledging the situation you (and all of us, for that matter) have found ourselves in. Then ask yourself: Where do I want to be when all of this is over? Once you know where you’re starting and where you want to go, all that’s left to do is connect the dots. The goal of this time in your life should be a level-headed response to our new normal, instead of reacting rashly and letting your emotions get the best of you. And finally, take comfort in knowing that everyone around you is struggling to adapt — you’re not alone. I’ve had to drastically alter how I interact with clients and take on more responsibility around the house, since my wife is home more often taking care of our daughter. In all this uncertainty, however, I take comfort in knowing that this will be a small blip in most people’s lives in the long run. The world might look scary to all of you who are graduating right now, but things will return to normalcy at some point. Even if there’s not much to count on right now, you can count on the fact that “the cream always rises to the top” — being the best is the only option. Now, go forth and conquer!

–Edward Littlejohn

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WOULD INSURANCE CARRIERS DENY CLAIMS DUE TO COVID-19 AND NO OTHER JUSTIFICATION?

Yes, it’s possible. The idea aligns with how some insurance adjusters handle claims. Oh, and did I mention that there’s a book on the topic? It’s called “Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You can Do About It” by Jay M. Feinman. In the legal world, we call this insurance bad faith.

SO, WHAT IS INSURANCE BAD FAITH LITIGATION?

Well, in some situations, insurance bad faith litigation occurs when the insurance company denies a claim for coverage without reasonable justifications. Let’s look at this example: Gary owns a bar and restaurant that gets burned down. Gary makes an insurance claim with his carrier to recover compensation for his loss. The insurance carrier denies the claim. This kind of feels like “bad faith,” especially if the refusal to pay is not predicated upon a reasonable justification. Now, what is important to know is that the burden of proof is on the insured. So, that means the insured must provide evidence to demonstrate that an insurer failed to exercise good faith in the processing of a claim of the insured. Basically, you have to prove that the insurance company did not have a reasonable justification in denying the claim. Insurance bad faith claims are difficult because “a reasonable justification” is a low standard. Let’s say that Gary, above, was having financial trouble; his business took a downturn for the last five years, and he has been trying to sell the business for two to three years. Courts have held that this is a reasonable justification to refuse payment. Because of this low standard, insurance

companies routinely hire private investigators to help them build their case to support a “reasonable justification.” This is why it is important to have someone on your side, fighting for your rights. Insurance carriers have many other tricks to delay, deny, and defend your claims. The other important thing to know is that under Revised Code Section 2315.21(D), the award for bad faith is capped at two times the compensatory (or breach of contract) damages.

HOW CAN WE HELP?

If you suspect your insurer is being unfair or dishonest with you (for example, about the facts of your claim, the value of your claim, or the coverage under your policy), you’ll want to make sure you have the right legal team on your side. This is not something you want to try on your own. By working with our team, you can get the legal advice and guidance you need to determine if you have a case and figure out how to proceed. We will let you know whether your rights have been violated and what to do about it.

LOCAL BUSINESS PROFILE

THEO YANNI’S

Looking for a great restaurant with authentic Greek and American cuisine? Check out Theo Yanni’s in Weirton, West Virginia. During the lockdown, we regularly enjoyed their home-cooked meals — Greek chicken salad, hot stuffed pepper soup, Mediterranean wrap, and kids’ buttered noodles always seemed to hit the spot. Call 304-919-2900 to place an order.

2 | 740-314-4829 This newsletter is for informational purposes only and no legal advice is intended. Be sure to consult with this law firm if you have a specific question about your situation. And, remember Edward and Jeff don’t take any unplanned inbound telephone or in-person meetings. We believe each case deserves our undivided attention.

SEE WHAT PEOPLE SAY ABOUT US!

WHAT’S NEWWITH ME AND MY OWN?

Happy Father’s Day to all the fathers out there. I know that my father has played a HUGE role in my life, and I can’t thank him enough for all he has done. My goal is to be the best father to Kyzlee.

“Littlejohn Law, LLC is a great law service to have as part of your legal team or for other services. Mr. Littlejohn and his staff were very professional, informative, and knowledgeable. The response time that I received was impressive. I would definitely recommend their services for those who are seeking legal assistance.”

I once heard someone talking about raising kids say: “It’s not about what you give them, but it’s what you leave in them that matters.”

So, to me, it’s important to make sure that Kyzlee has good character and is a great person. And in that, I lead by example.

Happy fourth wedding

anniversary to Edward and Kellee. It’s hard to believe that four years of marriage have gone by so quickly. There have been so many

– New Creation Homes

adjustments, changes, and realizations about life, marriage, faith, and happiness.

GRILLED BASIL CHICKEN AND TOMATOES

Edward and Nicole head out to a COVID-19 in-person meeting with a client. Yes, we have all of our protective gear on so you will feel protected and we can prevent the spread of COVID-19.

Inspired by TasteOfHome.com

• 2 tbsp olive oil • 1 clove garlic • 1/2 tsp salt INGREDIENTS

• 8 Roma tomatoes • 4 boneless skinless chicken breast halves (4 oz each)

• 3/4 cup balsamic vinegar • 1/4 cup tightly packed fresh basil leaves

DIRECTIONS

1. For marinade: In blender, combine olive oil, garlic, salt, vinegar, and basil. Cut 2 tomatoes into quarters and add to mixture. Cover and process until blended. Halve remaining tomatoes for grilling. 2. In bowl, combine chicken and 2/3 cup marinade. Cover and refrigerate for 1 hour. Reserve remaining marinade. 3. Heat grill to about 350–400 F. Lightly oil grates. Grill chicken until internal temperature reads 165 F, about 4–6 minutes per side. Grill tomatoes until lightly browned, about 2–4 minutes per side. Discard remaining marinade. 4. Serve chicken and tomatoes with reserved marinade.

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INSIDE THIS ISSUE

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CHOOSE COURAGE OVER COMFORT

2

DON’T LET INSURANCE CARRIERS GET AWAY WITH IT

LOCAL BUSINESS PROFILE

3

WHAT’S NEWWITH ME AND MY OWN

SEE WHAT PEOPLE SAY ABOUT US!

4

THE TIMELESS LESSONS OF MR. ROGERS

LESSONS WE CAN LEARN FROM MR. ROGERS

How the Television Star Shaped Childhoods

WE ALL DESERVE TO BE LOVED. Rogers knew that not everyone has someone at home who tells them that they are special and loved. So he took it upon himself to tell viewers, ending each episode of “Mister Rogers’ Neighborhood” by saying, “You’ve made this day a special day by just your being you.” FEELINGS ARE MENTIONABLE AND MANAGEABLE. Rogers helped viewers understand that it’s okay to feel mad, sad, and scared, and he helped countless children learn healthy ways to cope with tough emotions. This was a mission dear to his heart. Margaret McFarland, a child psychologist at the University of Pittsburgh who became the chief psychological consultant for “Mister Rogers’ Neighborhood,” shared with Rogers the concept he turned to again and again on the show: “Anything that’s human is mentionable, and whatever is mentionable can be more manageable.” You can explore more of Mr. Rogers’ enduring messages at MisterRogers.org. Share “Mister Rogers’ Neighborhood” with your children and show them a world where they can grow, learn, and play.

Fred Rogers may have passed away in 2003, but the world he created remains with us. In 2018, “Won’t You Be My Neighbor?” documented his life and outlook, and in 2019, “A Beautiful Day in the Neighborhood” depicted Rogers and the journalist whose life was changed by the star of “Mister Rogers’ Neighborhood.” These movies demonstrate that we’re still fascinated with the man behind Daniel Tiger and King Friday. Why? In part because the lessons Rogers so thoughtfully depicted are as relevant for today’s generation as they were for those who grew up watching his show. IMAGINATIVE PLAY IS A FOUNDATION OF CHILDHOOD. “Play is often talked about as if it were a relief from serious learning. But for children, play is serious learning. Play is really the work of childhood,” Rogers said. Rogers knew that play, which can seem inconsequential to grown-ups, is an important part of childhood development. Imaginative play allows children to step outside of their own perspective and experience another. In the process, they engage in abstract thinking and expand their universe. Mr. Rogers encouraged viewers to use their imaginations by creating a fantastical world called the Neighborhood of Make-Believe.

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