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Retailers Must Provide Disabled Access

The Court of Appeal of California has ruled that a retailer must remove architectural barriers that prohibit disabled individuals from accessing merchandise, or must adopt alternative methods for making its merchandise available to disabled individuals by customer service or other means. According to court documents in Californians for Disability Rights v. Mervyn’s LLC, CDR sued Mervyn’s department stores for maintaining narrow pathways between merchandise display racks that block shoppers with wheelchairs and other mobility aids from reaching the merchandise. The trial court found the 15 percent to 20 percent of Mervyn’s merchandise was unacessible, but conclused that the removal of… Read More »Retailers Must Provide Disabled Access

2008 Hurricane Season More Active

The Atlantic hurricane season will be slightly more active this year than first predicted, with up to 10 hurricanes expected to form, the U.S. government’s top climate agency predicted on Thursday. The National Oceanic and Atmospheric Administration said the 2008 season could produce between 14 and 18 named storms, with seven to 10 becoming hurricanes and three to six of them being classified as “major” hurricanes. In May, NOAA forecast 12 to 16 named storms this season, with six to nine developing into hurricanes. Two to five could be major ones of Category 3 or higher with winds above 110… Read More »2008 Hurricane Season More Active

Homeowners Not Liable for Tree Trimmer’s Death

A homeowner is not vicariously criminally liable for the misdemeanor acts of a tree trimmer, the California Supreme Court decided. According to Maria Dolores Ramirez V. Thomas Nelson, a worker for an unlicensed contractor hired by homeowners Thomas and Vivian Nelson to trim trees at their residence was electrocuted when his polesaw came in contact with an overhead high voltage line. The Nelsons had contracted Julian Rodriguez Landscape and Tree Service to “top” and trim several trees in their backyard. On Feb. 14, 2002, Rodriguez arrived at the Nelson’s home with four men, including Luis Flores, to trim the trees.… Read More »Homeowners Not Liable for Tree Trimmer’s Death

Pay-As-You-Drive Legislation Passed in California

Legislation that would allow insurers to more accurately base auto insurance premiums exactly on how many miles a motorist drives passed the California Senate Appropriations Committee. Proposition 103 requires insurers to set automotive insurance rates and premiums using specified factors, including the number of miles the insured drives annually and any factors the commissioner may specify that have a substantial relationship to the risk of loss.Assembly Bill 2800, sponsored by Jared Huffman, D-San Raphael, in determining how many miles a person drives, would allow insurers to apply different rating factors for voluntary insurance-verified annual mileage and applicant-estimated annual mileage. Insurers… Read More »Pay-As-You-Drive Legislation Passed in California

Avoiding Fake Slips, Trips, and Falls

Tips You Need to Avoid Fraudulent Slip and Fall Claims Slip and fall claims represent a significant fraud risk because they can be easy to fake and difficult to disprove. And any location where the public is invited—grocery stores, restaurants, banks, etc.—is vulnerable. Opportunities Abound “The people who would attempt insurance fraud see a wet floor or a grape on the floor as an opportunity,” said Jack McGoldrick, Director, Hartford Special Investigations. “There are people who make an absolute living at it.”In some instances, the fraud artist will even create an opportunity. In a recent case in a Texas sandwich… Read More »Avoiding Fake Slips, Trips, and Falls

Another Claim Scenario

Insured: Software Developer & Consultancy Scenario: The Insured entered into a contract for the design and development and supply of software. Two years later the software was incomplete and contained numerous errors. Problem: The third party rejected the software and dismissed the insured. The third party abandoned the software altogether and engaged another party to develop a fresh solution. Outcome: Proceedings were brought for breach of contract, claiming repayment of the contract price ($600,000) and damages for wasted expenditure.The insured relied on a clause limiting its liability to $25,000 in respect of each contract, the third party claimed the terms… Read More »Another Claim Scenario

Claim Scenario

Insured: Reseller of Software Scenario: The third party wanted a system to support their accounting and financial reporting requirements as well as a point of sale system to handle their retail and wholesale operation. The insured had various stores within a capital city, which were all to be connected to each other and head office. The insured had the distribution rights for a well-known software package, which provided both back office and sales function. Problem: Late Delivery of the System.Data was dropping out of the point of sale system. The automatic ordering system was not updating into the main system.The… Read More »Claim Scenario

A.M.Best Makes Results of Car-Insurance Buyer Survey Available

In a new service A.M. Best is providing consumers with a way to learn which companies scored highest in consumer satisfaction among new car insurance buyers. All an interested party has to do is visit a new multi-media feature available at A.M. Best Co.’s Consumer Insurance Center at www.ambest.com/consumer. Best said this latest report at its “ongoing consumer-orientated Web center explores a recent J.D. Power and Associates survey of new car insurance buyers. Consumers may be surprised to hear that among 18 large car insurers, regional company, Erie Insurance had the happiest customers.” Upcoming features will discuss what’s new in… Read More »A.M.Best Makes Results of Car-Insurance Buyer Survey Available

Rate Decreases Continued

The trend of decreasing insurance rates continues, according to a recent survey by MarketScout, which reported that rates were down 11% in July.The Dallas-based insurance exchange, which has more than 35,000 members, reported that nearly every coverage category associated with commercial insurance registered moderate rate decreases in July, compared with rates in July 2007.For the month of July, commercial property rates dropped 14%, general liability rates dropped 11%, and workers compensation dropped 9%, according to MarketScout.“The subprime crisis continues to create concerns despite massive equity write-downs by major insurers,” Richard Kerr, chairman and chief executive officer of MarketScout, said in… Read More »Rate Decreases Continued

Big Q2 Mortgage Losses Escaped So Far

The first read on insurance companies’ second-quarter earnings shows they’re taking hits from the same kinds of mortgage-backed investments as other financial firms, but so far, most companies haven’t had the severe losses that banks and investment firms have seen. The Travelers Cos., Hartford Financial Services Group Inc. and MetLife Inc. have all reported profit declines and Genworth Financial Inc. posted a quarterly loss driven by credit-related investments. This week, investors will get more clues about the damage insurers have suffered when American International Group Inc., Ambac Financial Group Inc. and Marsh & McLennan Cos. issue their reports.AIG will be… Read More »Big Q2 Mortgage Losses Escaped So Far