Bliven Law Firm, P.C.

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Serving all of Montana for over 25 years

Bliven Law Firm, P.C. is a Montana personal injury law firm located in Northwest Montana serving all of Montana. A group of experienced, dedicated professionals who care about their clients’ needs. Our Montana personal injury attorneys have over 25 years of experience in aggressively pursuing the goals of our clients.

TAG ARCHIVES: full coverage insurance

Two Food Recalls You Need To Know About Right Now

When shopping for groceries this week, you’ll want to be extra-careful—per recent food-safety warnings issued by the U.S. Food and Drug Administration (FDA), two separate recalls are currently in effect. Though no resulting illnesses have been reported as of this writing, the FDA is advising consumers to throw away or return all affected products for a full refund.

First up, look out for some varieties of baby spinach and mesclun leafy greens from Satur Farms, of Cutchogue, New York. On Jan. 23, 2019, Satur Farms voluntarily recalled specific lot numbers of these greens because of possible Salmonellacontamination. This was identified after routine product sampling performed by the Florida Department of Agriculture and New York Department of Agriculture, the two states in which the items were distributed to retailers. You’ll want to keep an eye out for the following batches: Spinach Lot #18494, Spinach Lot #18513, and Mesclun Lot #18520.

The affected retail products have been packaged in plastic clamshell containers labeled with the Satur Farms brand name, in 5-ounce, 10-ounce, and 16-ounce sizes. The food-service versions of these products are packed in sealed poly bags of various sizes (more information on those sizes can be found here)…Read More

Perdue Recalls 16,000 Pounds Of Kids’ Chicken Nuggets Due To “Undeclared Allergens”

On Monday, Jan. 28, the U.S. Department of Agriculture (USDA) announced a recall on one of your child’s favorite foods — chicken nuggets. According to the USDA’s notice, Purdue is recalling just over 16,000 pounds of kids’ chicken nuggets due to “undeclared allergens” and other misrepresentations of ingredients.

Any time a recall is issued on food, it’s best practice to dispose of any product you have that could be affected. In this case, Perdue is recalling the products because the chicken nuggets contain milk, something the USDA calls a “known allergen,” and it’s not declared on the product label.

Right now, the affected packages are the 12 oz. of “PERDUE Fun Shapes Chicken Breast Nuggets” with a use by date of March 11, 2019, and lot codes 17009010 – 19009010. The products have an establishment number “P-369” inside the USDA mark of inspectionRead More

More Than 164,000 Pounds Of Ground Turkey Recalled; 52 More People Sick In Deadly Salmonella Outbreak

(CNN) – Jennie-O Turkey Store Sales Inc. is recalling about 164,210 pounds of raw ground turkey products due to the possibility of salmonella contamination, the US Department of Agriculture’s Food Safety and Inspection Service said Friday.

The recall was announced as the US Centers for Disease Control and Prevention reported 52 new cases of illness associated with the outbreak. This brings the number of illnesses to 216 people across 38 states since the outbreak began in November 2017. Eighty-four people have been hospitalized, and one death has been reported.

In addition, the Public Health Agency of Canada said Friday there have been 22 cases of illness in four provinces. The illnesses occurred between April 2017 and this November, but nearly half of the illnesses began in October and last month. Five patients have been hospitalized, and one person died…Read More

Summertime In The Flathead Valley

Each year, summertime in the Flathead Valley draws millions of people from all over the world. It is not only the unparalleled beauty and grandeur of Glacier National Park that people come in droves to witness and experience, but also the small town charm of the nearby mountain towns like Bigfork, Whitefish, Lakeside, Polson, and our own Kalispell.

Kalispell has no shortage of summertime festivities. Thursday! Fest, Picnic in the Park, the Northwest Montana Fair and Rodeo, Arts in the Park, and farmers markets are just a handful of family-friendly activities tourists and residents alike look forward to attending. All of these events have one thing in common: They are a place to gather with family, friends, and neighbors to try new foods and sip on cold drinks while most likely listening to fantastic music by talented local artists.

More often than not, those attending these events will have a wonderful time and return home with full bellies, lighter wallets, and fond memories. Sadly, that is not always the case. Earlier this week, a Georgia couple were nearly fatally injured when an alleged drunk driver sped through heavy traffic and struck them with his car on a sunny evening on the main road in nearby Whitefish, Montana. The male victim was impaled on a willow tree branch 15 feet off the ground and his wife was found on the ground below the tree. They are both very fortunate to be alive, and it is incredible that the drunk driver injured only 2 people. The story could be much worse.

Alleged Drunk Driver Hits 2 Pedestrians In Downtown Whitefish

Unfortunately, this is not uncommon. There is a dark side to the social entertainment the Valley and any town in America has to offer. Our quiet mountain towns become more populated and where there are more people, there are generally more negligent and careless people, and as a result, there are generally more accidents. Whether you are a visitor or a resident, is important to be aware of your surroundings and practice caution when you are enjoying time out in any one of the Valley’s towns.

  • Simple precautions can make a big difference.
  • Know your surroundings.
  • When you cross the street, look both ways and then look both ways again. There are more people drinking and driving in the summertime months and you are more likely to see them than they are to see you.
  • Do not walk off of sidewalks and stay on the streets.
  • Wear reflective clothing if you are walking after dark.
  • Drink responsibly and do not ever get behind the wheel of a vehicle if you even suspect you may have had too many drinks. Uber operates in the Flathead Valley.
  • Keep your children nearby, hold their hands, and don’t let them walk nearest the street while walking on the sidewalk.

Vacations and excursions out and about should never end in disaster or months or years of treatment for injuries. Obeying the rules of the road, both as a driver or as a pedestrian, and paying careful attention to your surroundings can make all the difference.

MONTANA AUTO INSURANCE COVERAGE – CRITICAL FACTS TV ADS DON’T TELL YOU

Television advertising for auto insurance is so frequent that it would be helpful if it contained more useful and helpful information. While saving you money is so frequently the theme, some commercials actually do talk about getting the right coverage, sometimes even discussing the help of an agent. How many of those ads discuss the need for good uninsured motorist coverage or underinsured motorist coverage? When was the last time you saw a commercial that discussed the need for underinsured motorist coverage? Have you ever seen one? When was the last ad you saw that talked about medical payments coverage? Again, have you ever seen one? Why is this?

Uninsured motorist coverage, and underinsured motorist coverage are some of the most critical coverage a person can buy to protect their family, but it appears to be neglected in the advertising. It certainly appears that it not popular enough with customers or a big enough concern among consumers that the insurance companies find it worthy to advertise on the subject. Montana is a state with a small enough population, that the big companies do not seem to be worried about reaching out to Montana consumers in their ad campaigns, or even particularly concerned about running afoul of our law when it comes to advertising. Our Unfair Claims Practices statute – Montana Code Annotated 33-18-201 – as interpreted by the Montana Supreme Court – places burdens on insurers to make an effort to live up the advertising

http://leg.mt.gov/bills/mca/33/18/33-18-201.htm

33-18-201. Unfair claim settlement practices prohibited. A person may not, with such frequency as to indicate a general business practice, do any of the following:

(8) attempt to settle a claim for less than the amount to which a reasonable person would have believed the person was entitled by reference to written or printed advertising material accompanying or made part of an application

If you insurance company has not lived up to its advertising in how it has addressed or handled your injury claim (or your family) arising from a motor vehicle wreck, contacting a Montana attorney that emphasis personal injury law, notably insurance and motor vehicle injury cases is the right decision.

The time to find out that you do not have enough of the right kind of auto insurance is not after having a wreck where you or your family are injured because of the negligence or reckless conduct of an uninsured, or underinsured, drunk driver. Insurance coverage has to be in place before the crash, wreck or other loss. If you are injured in a car wreck and find out that the at fault driver has no insurance, or simply not enough to address the medical expenses and lost wages, much less other damages, it is like being injured all over again. As the Montana Supreme Court so eloquently stated in the Ridley decision:

One of the most significant obligations that innocent victims of automobile accidents incur and for which mandatory liability insurance laws were enacted, is the obligation to pay the costs of medical treatment. If the insurer has no obligation to pay those expenses in a timely fashion, even though liability is reasonably clear, then the protection provided by Montana’s mandatory liability laws would be of little value.

Medical expenses from even minor injuries can be devastating to a family of average income. The inability to pay them can damage credit and, as alleged in this case, sometimes preclude adequate treatment and recovery from the very injuries caused. Just as importantly, the financial stress of being unable to pay medical expenses can lead to the ill-advised settlement of other legitimate claims in order to secure a benefit to which an innocent victim of an automobile accident is clearly entitled. We conclude that this is not what was intended by the Montana Legislature when mandatory liability insurance laws and unfair claims practice laws were enacted.

Ridley v. Guaranty National Insurance Company, 951 P.2d 987 (Mont. 1997)

– See more at: http://caselaw.findlaw.com/mt-supreme-court/1453789.html#sthash.Doyr5aOV.dpuf

However, many people believe that they have “full coverage” and will have enough insurance for the loss. When folks come into the office after a car wreck and tell us they have “full coverage” the prudent response on our part is to ask them if they have a copy of the declaration sheet, the “dec page” that shows the coverages. While having collision and comprehensive coverage can be helpful and are certainly advisable on most policies – the bodily injury limits, medical payments coverage, uninsured motorist coverage, and underinsured motorist coverage ultimately often have more to do with a good outcome. This is because the ability to pay medical bills and recover for lost earnings are far more important in the longer term – and often the short term – than the coverage to pay to have a vehicle repaired.

If your agent did not properly advise you about under-insured or uninsured motorist coverage, did your agent live up to the advertising of the insurance company? Some large insurers run advertising, and have run advertising touting how helpful an agent is and the company is at making sure you the right coverage. They advertise that agents can help make sure you don’t have gaps in coverage or not enough coverage. If you suffered a loss and your agent did not do so, or if the insurance company changed your coverage without your permission or knowledge, contact us. We seek to hold insurers accountable and live up to their promises in their advertising to their insureds, the customers that pay the premiums.