Texting

Recently this article was posted as an editorial in the April 5th, 2010 Toledo Blade. We here at Fey Insurance Services thought it might be of interest as it could be something that affects all of us on the road.

Article published April 05, 2010Time to ban texting
The Michigan Senate took a fairly dramatic step a few days ago. Lawmakers had earlier voted to make the highly dangerous practice of text messaging while driving illegal - but only as a secondary offense, meaning police could only cite you for it if they first pulled you over for something else.

Since anybody who sees flashing red lights is apt to stop texting immediately, this meant the law would be little more than eyewash. But the GOP-controlled Senate reversed itself, voted to make texting a primary offense carrying an immediate fine, and sent the bill back to the House.

Why the change of heart? Senators were shaken by a teenager in Ottawa County who was killed when he took his eyes off the road to text-message his girlfriend. The boy was far from the first victim; three years ago, St. Louis Cardinals pitcher Josh Hancock was sending a text message when he crashed into a flatbed truck and was instantly killed.

The danger of this phenomenon may not be sufficiently understood by lawmakers in their 40s and 50s, who usually aren't part of the text-message generation. But it is increasingly how young people communicate, and being on the road with drivers looking down to punch a tiny keyboard on their cell phones ought to scare anyone who isn't in a Sherman tank.

The text-messaging bill's main sponsor, state Rep. Lee Gonzales (D., Flint), knows what that means. He introduced the legislation after his pregnant daughter-in-law was rear-ended by a woman punching away on her cell phone. Fortunately, she and the baby both survived.

The day before the Michigan vote, the Ohio House passed a similar bill that would make texting a primary offense, though it would not allow police to issue fines for six months. The Ohio Senate and the Michigan House should speedily ratify the work of their respective other chambers, and join 20 other states that have banned the practice.

Thanks to seat belts and safer cars, highway deaths in the nation last year were lower than in any year since 1954. It would be tragic if we allowed modern communications technology to send the death toll spiraling skyward once again.

Federal Flood Program Expires

On March 26th the Senate closed for a two week recess with out approving an extension for the Federal Flood insurance program that would have carried the program through until April 30th. Because the extension was not put through the current program has expired. Any flood insurance customers that are either renewing their policy between now and April 12 (when the Senate meets again) or that need to purchase flood coverage to close on a house will not be able to. This will cause a few home closings to be pushed back until the situation is resolved.

For those that already have flood insurance in place and are not renewing anytime soon the program will still function as normal if claims arise. There are currently 5.6 million policies in force with this program.

General Liability vs Errors and Omissions

General Liability
What it protects against: Accident and injuries that occur on company property or the property of a customer. It also protects against product liabilities.

How it works: Commercial General Liability (CGL) includes payments to an injured person or to an owner of property that is damaged. These can cover medical expenses and the cost of defending lawsuits, including legal settlements or investigations. Insurance may also provide the means to post bonds during a legal proceeding, or pay judgments. A CGL policy also covers libel, slander, copyright infringement and other personal and advertising injuries.

Who needs it: Most, if not all, companies

Errors & Omissions
What it protects against: Claims by customers that a company made mistakes or failed to perform contractual work. It should include coverage of the cost of legal defense. It is also know as professional liability insurance.

How it works: It insures mistakes made by a company’s owners, employees and contractors. It is similar to a doctor’s medical malpractice insurance.

Who needs it: Anyone who advises, recommends, consults or designs solutions should consider this coverage.

Information provided by: Bests Review The Guide to Understanding Business Insurance Products (2007-2008)

So What is the Difference?:
The key difference between the above two mentioned business insurance coverages is that General Liability only pays claims that have resulted in bodily injury or property damage (meaning damage to property not owned or leased by the business). It will not cover a financial loss that is a result of errors or alleged errors done by the business or the omission of work that the business was contractual obligated to do. That is where Errors & Omissions Insurance steps in and pays for the cost to defend the business as well as any settlements that a court requires them to pay for their error or omission of work.

Travelers Launches Mobile Applications

On March 8th Travelers annouced that they have a new application for smart phones.

The new mobile tools provide auto accident assistance for iPhone and
BlackBerry1 smartphone users. Additionally, Travelers’ customers will have the added advantage of starting the auto claim process directly through the iPhone application and the mobile Web site.

Integrating Travelers’ online claim reporting into the new mobile applications is part of the company’s ongoing mobile strategy that first began with the launch of the mobile Web site in late November 2009. The number of people accessing news and information daily on the mobile Web more than doubled in 2009 when compared to 2008, according to comScore2.

See full article at:
http://www.comscore.com/index.php/Press_Events/Press_Releases/2009/3/Daily_Mobile_Internet_Usage_Grows

Here is a vidoe about the importance of taking care of small windshield cracks early.

Finished Basement? We should talk!

An unfortunate homeowner incident that has been occurring a lot over the past few years is water damage caused by either a sump pump failure or water backing up a basement drain. These claims can leave finished basements with damaged carpet and drywall as well as damaging the basement contents, not to mention clean up expenses for these situations which can cost hundreds or even several thousands of dollars.
A majority of homeowners’ insurance policies will include up to $5,000 for claims that fall into this category. However, if someone had a finished basement, this amount might not be sufficient. Insurance companies have options for higher limits ranging from $10,000 all the way up to $100,000. If you have a finished basement, this is a coverage that you and your Fey Insurance Services representative should discuss.
One thing to note, this coverage does not cover flood insurance (meaning surface water from outside the house that has come into your home). Floods are not covered by homeowners’ insurance policies. If you have a concern about this type of exposure to loss, please contact us and we can provide you with a Flood Insurance Quote.

SHOVEL OR NOT TO SHOVEL? SNOW REMOVAL IN OHIO

This is an article I found from the Ohio Insurance Institute dated 2/10/10
Written By:Mary Bonelli/Mitch Wilson

As far as Ohio law goes, it’s long been established that homeowners do not have a legal obligation to shovel when there is a natural accumulation of snow and ice. In December 1993 the Ohio Supreme Court upheld this concept when a guest attempted to sue a homeowner in Franklin County for a slip and fall outside of the homeowner's house. (See Brinkman v. Ross).Some states have laws in place requiring snow and ice removal; Ohio does not. However, a homeowner would be liable if someone decides to sue as a result of tripping over a crack or other irregularity on your walkway. Also, if someone slips on ice that was formed because of a poorly positioned down spout, you could be held liable.
1. Did this court decision affect the cost of homeowners insurance?It did not affect the cost of insurance since the court decision didn’t overturn the standard practice claims of most property/casualty insurers. This decision did not change existing Ohio law. It basically reinforced the claims practices of most Ohio insurers. In surveying some of Ohio’s insurance companies, OII found that these types of claims are rather infrequent. In the past, companies usually reviewed them on a case-by-case basis, and in some situations felt obliged to pay for such claims. The Supreme Court decision clarified by its ruling that homeowners cannot not be liable in situations where the injury was solely caused by natural accumulations of ice and snow. Because of the nature of Ohio winters, you’ll likely be subject to icy and snowy weather conditions causing sidewalks and roadways to become slick. Basically, you are walking at your own risk. Otherwise a homeowner would perpetually suffer the threat of lawsuits every time Mother Nature comes calling. 2. Should homeowners stop shoveling or clearing sidewalks? This is more of a personal decision than one that can be mandated by any industry. As a homeowner or business owner you may feel you have a moral obligation to keep walkways as clear as possible. By making the decision to not clear sidewalks and steps, not only do you jeopardize the safety of your visitors and guests, but also yourself and your family. 3. Can my local city or municipality invoke snow removal ordinances?Although you may not be held liable for injuries of others caused solely by slipping on ice or snow, some cities and villages have ordinances in place that require residents to make every attempt to keep sidewalks clear and impose subsequent fines on those who disregard warnings to that effect. Such an ordinance cannot invoke a homeowner’s liability for accidental slips and falls as part of its snow removal ordinance requirements. View the Bexley OH ordinance as an example.