We can't stress this enough: many people assume that their homeowners policy includes flood coverage.
It doesn't. Standard homeowners-, renters- and business policies do not cover flood damage. If your property is in a flood prone area, you should strongly consider buying flood coverage.
How do you know if you're in a risky flood area? Type your address into the red box on the home page for the federally run National Flood Insurance Program. That's where most people buy their flood coverage. Many local insurance agents sell these policies.
And if you think a few inches of water wouldn't cause much damage, you might be surprised. The NFIP put together an interesting interactive simulator that details -- item by item -- the costs of different levels of flooding in a typical home. See the link above.
Jumat, 30 November 2012
Rabu, 28 November 2012
Costs on a Summary Judgment Motion
In Mo v. Johnson, the defendant successfully moved for summary judgment dismissing the plaintiff's claim. Justice Morgan's decision on costs is reported at 2012 ONSC 6307 (CanLii).
One of the arguments made by the plaintiff was that the defendant was only entitled to costs of the motion, not the entire action. Justice Morgan disagreed, holding that:
One of the arguments made by the plaintiff was that the defendant was only entitled to costs of the motion, not the entire action. Justice Morgan disagreed, holding that:
[24] I agree with Mr. Bizezinski that where summary judgment dismisses the action, it is the costs of the action in its entirety that are at issue. To hold otherwise would allow a party who brings spurious litigation to cause the opposing side to incur substantial costs with no means of compensation.
The defendant was awarded costs of the entire action on a substantial indemnity basis due to the plaintiff's conduct, which was described as "aggressive and high-handed". The decision is a nice synopsis of some of the basic principles relating to costs.
Rabu, 21 November 2012
Job opening: Senior market analyst
We're looking for a senior market analyst in our Tumwater office. Here's the job description, including salary, responsibilities, and timeline. The deadline for applying is just before 5 p.m. on Monday, Dec. 3.*
Also, we still have an opening for an Information Technology Specialist 4 (.NET developer).
*Update: The deadline has now been extended to Dec. 17, 2012.
Also, we still have an opening for an Information Technology Specialist 4 (.NET developer).
*Update: The deadline has now been extended to Dec. 17, 2012.
One computer, one camera, fake invoices...and four different insurance claims
A Renton man has been sentenced to jail plus community service after submitting thousands of dollars in bogus claims for a $4,900 laptop, and a $3,200 camera.
Between December 2010 and September 2011, Michael Tran Lai, 32, filed multiple claims with four different insurance companies claiming the loss of the MacBook Pro laptop and Nikon camera. He claimed they were stolen from a car, or lost in luggage while travelling, or stolen from his hotel room. The invoices turned out to be fake.
He also filed multiple claims for the same accident damage to his Lexus.
Laid was sentenced Nov. 16 to 10 days in jail, 160 hours of community service, and $854 in court fees and costs. A restitution hearing is also pending.
Between December 2010 and September 2011, Michael Tran Lai, 32, filed multiple claims with four different insurance companies claiming the loss of the MacBook Pro laptop and Nikon camera. He claimed they were stolen from a car, or lost in luggage while travelling, or stolen from his hotel room. The invoices turned out to be fake.
He also filed multiple claims for the same accident damage to his Lexus.
Laid was sentenced Nov. 16 to 10 days in jail, 160 hours of community service, and $854 in court fees and costs. A restitution hearing is also pending.
Tips to avoid a turkey-fryer fire...because here's what that looks like
The turkey-fryer disaster video is a YouTube holiday staple, and it's not surprising. Oil burns really well. Turkeys are big.
The biggest mistake seems to be this: overfilling the pot and plunging a big turkey in while the flame is lit, causing a lot of oil to splash over the sides and, yup, ignite.
Bigtime.
And sometimes, this happens on a deck or close to a house.
So if you must fry your turkey, here are some key tips:
The biggest mistake seems to be this: overfilling the pot and plunging a big turkey in while the flame is lit, causing a lot of oil to splash over the sides and, yup, ignite.
Bigtime.
So if you must fry your turkey, here are some key tips:
- Fry outside, away from the house.
- Do not overfill the pot with oil.
- Properly thaw the turkey.
- Turn off the flame before adding the turkey.
- Use the grappling-hook thing to lower the turkey in carefully (and not splash oil).
- Be careful of oil splattering on your arms. Splashed boiling oil can cause horrible burns.
- And -- if in doubt, review video No. 2 above -- keep a grease-approved fire extinguisher handy.
Cost of Productions
Who pays for the cost of producing documents?
In Veillette v. Piazza Family Trust, 2012 ONSC 4782 (S.C.J.), the plaintiffs brought a motion to compel the defendant to answer undertakings and refusals he gave on an examination in aid of execution. The defendant took the position that the plaintiffs must pay any charges for obtaining the documents.
The Court cited two cases dealing with production of documents before trial, Ho v. O’Young-Lui, 2002 CanLII 6346 (ON SC), and Traverse v. Turnbull, [1996] N.S.J. No. 212 N.S.C.A. which held that the general rule is the party in possession or control of the documents is to produce them at their expense, although the court has residual discretion to depart from that rule where fairness and justice so require. The general rule may be altered if its application would prevent a party from presenting its case. Justice Kane held that there was no reason to depart from the general rule.
Although this case deals with an examination in aid of execution, disagreement over who pays for documents can often arise in the context of examination for discovery. The Veillette case is useful in providing a succinct argument as to why plaintiffs should bear the cost of producing their documents.
In Veillette v. Piazza Family Trust, 2012 ONSC 4782 (S.C.J.), the plaintiffs brought a motion to compel the defendant to answer undertakings and refusals he gave on an examination in aid of execution. The defendant took the position that the plaintiffs must pay any charges for obtaining the documents.
The Court cited two cases dealing with production of documents before trial, Ho v. O’Young-Lui, 2002 CanLII 6346 (ON SC), and Traverse v. Turnbull, [1996] N.S.J. No. 212 N.S.C.A. which held that the general rule is the party in possession or control of the documents is to produce them at their expense, although the court has residual discretion to depart from that rule where fairness and justice so require. The general rule may be altered if its application would prevent a party from presenting its case. Justice Kane held that there was no reason to depart from the general rule.
Although this case deals with an examination in aid of execution, disagreement over who pays for documents can often arise in the context of examination for discovery. The Veillette case is useful in providing a succinct argument as to why plaintiffs should bear the cost of producing their documents.
Selasa, 20 November 2012
Flood warning update
Flood warnings remain in effect in the following counties: Grays Harbor, Lewis, Mason and Thurston, with some gale warnings and small craft advisories offshore.
Here's the complete list from the National Weather Service office in Seattle.
Here's the complete list from the National Weather Service office in Seattle.
Senin, 19 November 2012
Flood, high wind and storm warnings in WA
The National Weather Service has issued a long list of flood-, wind- and storm warnings, watches and advisories today. Here's a roundup:
A flood warning has been issued for the Chehalis River at Centralia (in Lewis County) and the Chehalis River near Grand Mound (in Thurston County). Moderate flooding is expected, and the weather service is warning motorists not to try driving through flooded areas -- the most common cause of flood-related deaths in Washington.
In Lewis County, the flood warning will be in effect from Tuesday morning to Wednesday evening, with the river expected to hit flood stage around 9 a.m. Tuesday and crest 4 feet over flood stage around 4 p.m. Tuesday.
What's that mean? At four feet over flood stage, the weather service says, "The Chehalis River in Lewis County will flood some residential and commercial areas with water encroaching upon the first floor of some homes and businesses. Swift flood waters will cover some roads.
At Grand Mound, the river's expected to hit flood stage around 7 a.m. Tuesday and crest about 2 1/2 feet over flood stage around 4 a.m. Wednesday. Flooding of several roads in Independence Valley is expected, including SR 12 and James-, Independence-, Moon- and Anderson roads. Flood waters are expected to cut off access to and from Chehalis Reservation and inundate nearby farmland.
Minor to moderate flooding is also predicted the the Chehalis River near Doty (Lewis County), the Newaukum near Chehalis (Lewis), the Satsop River near Satsop (Grays Harbor County) and the Skokomish River near Potlatch (Mason). There's a flood advisory -- meaning minor flooding is possible -- for a dozen western Washington counties, as well as western Kittitas, Klickitat and Yakima counties.
A high wind warning is in effect for Seattle and the central coast areas, with the strongest winds occurring as we post this, with the warning lasting until 3 p.m. South winds of 25-35 miles an hour have been reported, with gusts near 60 miles an hour.
A winter storm warning has been issued for the Cascade mountains above 4,500 feet, with periods of heavy snow expected to persist through evening. An additional 1-2 feet of snow is likely, especially over the North Cascades, the weather service says.
Similarly, a winter weather advisory is in effect for the Olympic mountains above 5,000 feet, with 6-11 inches of snow expected, but tapering off late today.
A flood warning has been issued for the Chehalis River at Centralia (in Lewis County) and the Chehalis River near Grand Mound (in Thurston County). Moderate flooding is expected, and the weather service is warning motorists not to try driving through flooded areas -- the most common cause of flood-related deaths in Washington.
In Lewis County, the flood warning will be in effect from Tuesday morning to Wednesday evening, with the river expected to hit flood stage around 9 a.m. Tuesday and crest 4 feet over flood stage around 4 p.m. Tuesday.
What's that mean? At four feet over flood stage, the weather service says, "The Chehalis River in Lewis County will flood some residential and commercial areas with water encroaching upon the first floor of some homes and businesses. Swift flood waters will cover some roads.
At Grand Mound, the river's expected to hit flood stage around 7 a.m. Tuesday and crest about 2 1/2 feet over flood stage around 4 a.m. Wednesday. Flooding of several roads in Independence Valley is expected, including SR 12 and James-, Independence-, Moon- and Anderson roads. Flood waters are expected to cut off access to and from Chehalis Reservation and inundate nearby farmland.
Minor to moderate flooding is also predicted the the Chehalis River near Doty (Lewis County), the Newaukum near Chehalis (Lewis), the Satsop River near Satsop (Grays Harbor County) and the Skokomish River near Potlatch (Mason). There's a flood advisory -- meaning minor flooding is possible -- for a dozen western Washington counties, as well as western Kittitas, Klickitat and Yakima counties.
A high wind warning is in effect for Seattle and the central coast areas, with the strongest winds occurring as we post this, with the warning lasting until 3 p.m. South winds of 25-35 miles an hour have been reported, with gusts near 60 miles an hour.
A winter storm warning has been issued for the Cascade mountains above 4,500 feet, with periods of heavy snow expected to persist through evening. An additional 1-2 feet of snow is likely, especially over the North Cascades, the weather service says.
Similarly, a winter weather advisory is in effect for the Olympic mountains above 5,000 feet, with 6-11 inches of snow expected, but tapering off late today.
Fraud charges for man who hit car, then bought insurance
A Blaine man who rear-ended another driver, rushed to buy insurance, then claimed that the crash happened afterward has been charged with insurance fraud.
Mark Traxler, 51, let his auto insurance lapse in January because he didn't pay the premium.
Two weeks after his coverage ended, he hit a car in Bellingham, causing more than $5,000 in damage.
He immediately went to his insurance agent and paid for new coverage. By nightfall, the other driver had made a claim against his policy.
The problem: Traxler said that the accident happened after he'd bought the coverage, when a 9-1-1 call placed by the other driver indicated that it happened before.
Traxler has been charged in Whatcom County Superior Court with insurance fraud.
Mark Traxler, 51, let his auto insurance lapse in January because he didn't pay the premium.
Two weeks after his coverage ended, he hit a car in Bellingham, causing more than $5,000 in damage.
He immediately went to his insurance agent and paid for new coverage. By nightfall, the other driver had made a claim against his policy.
The problem: Traxler said that the accident happened after he'd bought the coverage, when a 9-1-1 call placed by the other driver indicated that it happened before.
Traxler has been charged in Whatcom County Superior Court with insurance fraud.
Jumat, 16 November 2012
The search for Big Daddy: barbecue case leads to insurance fraud charges
In the summer of 2011, a Renton man named Cassk Thomas, Jr. filed a claim with his insurer, saying that someone had stolen his his 26-foot, 8,500-pound, two-tank, three-grill barbecue smoker, dubbed "Big Daddy."
The barbecue had been stored behind a locked fence, he told police. Two screws on a hinge had been removed. The smoker, as well as the double-tandem-axle trailer it was mounted on, was gone. Thomas provided his insurance adjuster with an invoice from a Spokane company, totalling $32,343, for the trailer and smoker.
Thomas' insurer, American Family Insurance, paid Thomas $30,474 for the lost barbecue, as well as $24,668 for lost income while he sought a replacement barbecue.
Upon investigation, it turned out that the trailer was actually purchased from a company in Texas for less than a third of what Thomas claimed. A former business partner said it cost $9,470, and she provided paperwork showing that.
The company Thomas had named as the manufacturer in Spokane apparently does not exist. It's not listed with the state departments of licensing or revenue, not on the Internet, the business address is a residence and, in repeated attempts, no one answered the phone there. A company official named by Thomas turned out to be an old roomate of his.
Thomas has been charged in King County Superior Court with 1st degree theft and insurance fraud, both of which are felonies.
The barbecue had been stored behind a locked fence, he told police. Two screws on a hinge had been removed. The smoker, as well as the double-tandem-axle trailer it was mounted on, was gone. Thomas provided his insurance adjuster with an invoice from a Spokane company, totalling $32,343, for the trailer and smoker.
Thomas' insurer, American Family Insurance, paid Thomas $30,474 for the lost barbecue, as well as $24,668 for lost income while he sought a replacement barbecue.
Upon investigation, it turned out that the trailer was actually purchased from a company in Texas for less than a third of what Thomas claimed. A former business partner said it cost $9,470, and she provided paperwork showing that.
The company Thomas had named as the manufacturer in Spokane apparently does not exist. It's not listed with the state departments of licensing or revenue, not on the Internet, the business address is a residence and, in repeated attempts, no one answered the phone there. A company official named by Thomas turned out to be an old roomate of his.
Thomas has been charged in King County Superior Court with 1st degree theft and insurance fraud, both of which are felonies.
Rabu, 14 November 2012
Martin v. Fleming - Deductibles
The Court of Appeal has now released its decision in Martin v. Fleming, which can be found at the following link: Martin v. Fleming, 2012 ONCA 750 (C.A.)
At issue was the operation of the deductible where a plaintiff has been in multiple accidents. The motions judge ruled that where the plaintiff has been involved in two accidents and the actions are tried together, there is a deductible for each action.
In a brief endorsement, the Court of Appeal dismissed the appeal. They followed the motion judge's reasoning that s. 267.5(7) is unambiguous and the plaintiff is subject to two deductibles.
Although this is a brief endorsement, it is important to those defending claims where the plaintiff has been in multiple accidents. Insurers for each defendant retain the benefit of the deductible.
Jumat, 09 November 2012
A hard lesson for victims with flooded houses: standard homeowners policies don't cover flooding
The biggest one -- and something that we repeat often -- is that a standard homeowners policy does not cover flooding. For that coverage, people typically buy a policy from the federally-run National Flood Insurance Program.
The problem is that unless required to by their lender, many homeowners simply don't get flood coverage. (And even those whose mortgage requires it often later let it lapse.)
The article covers things like who pays for tree removal, will you be reimbursed for living costs if your home is uninhabitable, and will an insurer cover the cost of ruined food when the power fails.
Kamis, 08 November 2012
25 free apps
The apps include:
Find a Health Center: Created by the Health Resources and Services Administration, this map-linked app helps you find the nearest federally funded health center, which will care for you even if you have no health insurance. Based on your income, you pay what you can afford.
The popular BMI calculator, which helps determine your body mass index.
Brrd Brawl: A mobile game developed to give jittery quitting smokers something to do with their hands.
52 Weeks of Women's Health: Info on 52 health topics, ranging from eye health to contraception. Also helps track medications, allergies, etc.
Other apps include help triaging injuries in the field, treating radiation injuries, quitting smoking, tracking the flu in your area, tracking a pregnancy and reuniting after a disaster.
Rabu, 07 November 2012
Expert Independence
Do the new rules pertaining to expert evidence impose a higher duty than at common law? When an expert is alleged to be biased due to a connection to one of the parties or a matter in issue, does it go to admissibility or weight?
In Henderson v. Risi, 2012 ONSC 3459 (S.C.J.), the defendant proffered an expert, Mozessohn, to give testimony at trial regarding irregularities in the financial records of Timeless Inc., provide an opinion on the value of shares in Timeless held by the plaintiff, and critique the plaintiff expert's opinion. The plaintiff objected to the admissibility of Mozessohn's evidence on the basis that he was not independent or impartial since he was a partner in the accounting firm that acted as Timeless' Trustee in Bankruptcy. Mozessohn testified that there had been no communication between members of his firm about the case.
Justice Lederman quoted the Newfoundland Court of Appeal in Gallant v. Brake-Patten 2012 NLCA 23 (CanLII), which summed up the law regarding the admissibility of expert evidence where the allegation is the expert lacks institutional independence as opposed to personal advocacy:
Plaintiff's counsel argued that the new r. 4.1 and the changes to r. 53 imposed a higher level on duty on an expert in Ontario, and that the question of institutional independence must be determined at the admissibility stage rather than leaving it to be considered as a matter of weight.
Justice Lederman disagreed and allowed the expert to give testimony. Rules 4.1 and 53 simply remind experts of their already existing obligations to provide opinion evidence that is fair, objective and non-partisan. Any lack of institutional independence went to weight rather than admissibility. The new rules impose no higher duties than already existed at common law.
In Henderson v. Risi, 2012 ONSC 3459 (S.C.J.), the defendant proffered an expert, Mozessohn, to give testimony at trial regarding irregularities in the financial records of Timeless Inc., provide an opinion on the value of shares in Timeless held by the plaintiff, and critique the plaintiff expert's opinion. The plaintiff objected to the admissibility of Mozessohn's evidence on the basis that he was not independent or impartial since he was a partner in the accounting firm that acted as Timeless' Trustee in Bankruptcy. Mozessohn testified that there had been no communication between members of his firm about the case.
Justice Lederman quoted the Newfoundland Court of Appeal in Gallant v. Brake-Patten 2012 NLCA 23 (CanLII), which summed up the law regarding the admissibility of expert evidence where the allegation is the expert lacks institutional independence as opposed to personal advocacy:
In summary, in civil cases, if expert evidence meets the Mohan criteria for admissibility, it is admissible. Bias or partiality in expert evidence which is based on the expert having a connection with a party or issue or a possible pre-disposition or approach in the case is a reliability issue which is best determined when the whole of the expert evidence is considered in the context of all of the trial evidence. As such, the issue is one of weight and not admissibility.
Plaintiff's counsel argued that the new r. 4.1 and the changes to r. 53 imposed a higher level on duty on an expert in Ontario, and that the question of institutional independence must be determined at the admissibility stage rather than leaving it to be considered as a matter of weight.
Justice Lederman disagreed and allowed the expert to give testimony. Rules 4.1 and 53 simply remind experts of their already existing obligations to provide opinion evidence that is fair, objective and non-partisan. Any lack of institutional independence went to weight rather than admissibility. The new rules impose no higher duties than already existed at common law.
Selasa, 06 November 2012
Job opening: .NET developer
We're recruiting to fill a position for an information technology specialist 4 (.NET developer) in our operations division in Tumwater, Wash.
The successful applicant's duties will include software development of mission-critical agency systems, systems analysis, as well as software unit and quality assurance testing.
For more specifics, duties, salary, timeline, etc., please see the full job listing.
The successful applicant's duties will include software development of mission-critical agency systems, systems analysis, as well as software unit and quality assurance testing.
For more specifics, duties, salary, timeline, etc., please see the full job listing.
Three companies fined $605,000
Insurance Commissioner Mike Kreidler is fining three companies a total of $605,000 for violating Washington insurance laws.
“Our insurance laws protect consumers and maintain a level playing field in the insurance market,” said Kreidler. “Break the law and you’ll face the consequences.”
The fines were as follows:
PacifiCare of Washington (now known as UnitedHealthcare of Washington, Inc.) has agreed to pay a $400,000 fine for what state financial examiners concluded were improper royalties paid to an affiliated company. The company contended that the payments were administrative fees, but acknowledged that it had failed to annually reconcile the payments with actual costs to show that the company wasn’t overpaying.
In addition to the fine, the company has recovered the $72.9 million it paid between 1999 and late 2006.
STA Travel Inc., based in Texas, agreed to pay $115,000 for allowing unlicensed staffers to sell insurance policies in Washington. The company is a travel agency specializing in international college student travel. It sells travel insurance as part of its travel services.
Although the company’s office manager was a licensed insurance agent, under Washington law, all staff selling travel policies needed to be licensed. Policies were sold by unlicensed staffers from 2005 to 2011.
Lenovo (United States) Inc., incorporated in Delaware, has agreed to pay $90,000 for improperly selling 1,327 service contracts in Washington. The company failed to register as a service contract provider, as required by state law. The service contracts were sold from mid-2008 through mid-2012.
Fines collected by the insurance commissioner's office do not go to the agency. The money is deposited in the state's general fund to pay for other state services.
“Our insurance laws protect consumers and maintain a level playing field in the insurance market,” said Kreidler. “Break the law and you’ll face the consequences.”
The fines were as follows:
PacifiCare of Washington (now known as UnitedHealthcare of Washington, Inc.) has agreed to pay a $400,000 fine for what state financial examiners concluded were improper royalties paid to an affiliated company. The company contended that the payments were administrative fees, but acknowledged that it had failed to annually reconcile the payments with actual costs to show that the company wasn’t overpaying.
In addition to the fine, the company has recovered the $72.9 million it paid between 1999 and late 2006.
STA Travel Inc., based in Texas, agreed to pay $115,000 for allowing unlicensed staffers to sell insurance policies in Washington. The company is a travel agency specializing in international college student travel. It sells travel insurance as part of its travel services.
Although the company’s office manager was a licensed insurance agent, under Washington law, all staff selling travel policies needed to be licensed. Policies were sold by unlicensed staffers from 2005 to 2011.
Lenovo (United States) Inc., incorporated in Delaware, has agreed to pay $90,000 for improperly selling 1,327 service contracts in Washington. The company failed to register as a service contract provider, as required by state law. The service contracts were sold from mid-2008 through mid-2012.
Fines collected by the insurance commissioner's office do not go to the agency. The money is deposited in the state's general fund to pay for other state services.
Kamis, 01 November 2012
License revocation for insurance agent who allegedly faked own death
Washington Insurance Commissioner Mike Kreidler has issued an order to revoke the license of an Enumclaw insurance agent who allegedly faked his own death as part of a $2 million scam.
Aaron Travis Beaird, manager of Team Financial Services LLC, "knowingly devised a scheme and artifice to defraud consumers and to obtain money and property by means of false and fraudulent pretenses," according to the order.
Beaird would recomment to his clients that they liquidate one investment and transfer the money into another investment or insurance policy, making the checks out to his business.
The problem: Beaird didn't actually invest the money or buy a policy. Instead, according to the license revocation order, he'd take the money for "his own use and benefit." To cover things up, he would provide his clients with fake account statements.
Beaird was arrested in early July on federal charges of wire fraud and mail fraud. Investigators said he left a fake suicide note in his car, which was found parked near a bridge on June 23rd.
He pleaded guilty in federal district court Aug. 28th. He admitted to defrauding at least 11 people out of more than $1 million. He is currently incarcerated, awaiting sentencing, at the SeaTac Federal Detention Center.
Beaird has the right to demand a hearing to contest the order.
Update: (Nov. 20) The revocation has taken effect.
Aaron Travis Beaird, manager of Team Financial Services LLC, "knowingly devised a scheme and artifice to defraud consumers and to obtain money and property by means of false and fraudulent pretenses," according to the order.
Beaird would recomment to his clients that they liquidate one investment and transfer the money into another investment or insurance policy, making the checks out to his business.
The problem: Beaird didn't actually invest the money or buy a policy. Instead, according to the license revocation order, he'd take the money for "his own use and benefit." To cover things up, he would provide his clients with fake account statements.
Beaird was arrested in early July on federal charges of wire fraud and mail fraud. Investigators said he left a fake suicide note in his car, which was found parked near a bridge on June 23rd.
He pleaded guilty in federal district court Aug. 28th. He admitted to defrauding at least 11 people out of more than $1 million. He is currently incarcerated, awaiting sentencing, at the SeaTac Federal Detention Center.
Beaird has the right to demand a hearing to contest the order.
Update: (Nov. 20) The revocation has taken effect.
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