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The Past is an Indication of Our Future

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Company and Industry Highlights

April – May 2008

MAINE AND NEW HAMPSHIRE CONTRACTORS CITED BY U.S. LABOR DEPARTMENT'S OSHA FOLLOWING ELECTROCUTION DEATH AT HERMON, MAINE JOBSITE

BANGOR, Maine -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited two contractors – a carpentry contractor and an equipment contractor - for 15 alleged violations of safety standards following the electrocution death of an employee at a Hermon, Maine, residential construction site.

On Sept. 12, 2007, a crane contacted an energized 7,200 volt overhead power line as two carpentry employees were attempting to attach the crane's rigging equipment to a section of a modular home that was being constructed. One of the employees was killed and the other seriously injured by the electric current.

OSHA's inspection found that the crane was being operated within 10 feet of the power line, which had not been de-energized beforehand, as required. The two contractors face a combined total of $121,500 in proposed fines.

"The basic safeguards designed to prevent just this sort of accident were ignored here, with fatal results," said William Coffin, OSHA's area director for Maine. "De-energizing the power line and maintaining a safe working distance from it would have prevented this death and injury."

The carpentry contractor, for whom the employees worked, was issued two willful citations for allowing employees to work in close proximity to the energized power line and for not protecting employees against fall hazards. OSHA also issued the company four serious citations for a lack of onsite medical attention; absence of hardhats and electrical warning signs; and ladder hazards. The company faces a total of $32,000 in proposed fines for these conditions.

The equipment contractor, which owned and operated the crane, has been issued three repeat citations for operating the crane in high winds, inadequate support for the crane's outriggers, and not inspecting the jobsite to identify and correct these and other hazards. OSHA had cited the company in May 2005 for similar hazards at a Freeport, Maine, jobsite.

They were also issued six serious citations for operating the crane within 10 feet of the power line; not operating the crane in accordance with the manufacturer's specifications and industry standards; and lack of fall protection, hardhats, onsite medical attention and an electrical warning sign. They face a total of $89,500 in proposed fines for these conditions.

Source: www.osha.gov


INTERVIEWS AFTER CRANE COLLAPSE FIND FEW RENTERS BUY TENANTS INSURANCE

Only two of 32 renters interviewed by the New York State Insurance Department following last month’s crane collapse on New York City’s East Side were protected by tenants insurance.

That low number is hardly surprising. Nationally, a 2006 survey by the Insurance Research Council found that only 43 percent of all renters were insured. In New York City, that percentage is believed to be significantly lower because of the high cost of living.

“Renters insurance is typically inexpensive and provides valuable protection when the contents of a renter’s apartment are damaged or stolen. This type of insurance may even protect a renter from liability when another person is injured while in the renter’s home,” said Insurance Superintendent Eric Dinallo.

Tenants insurance protects against losses caused by such events as fires, lightning strikes, windstorms or incidents of vandalism or theft. Even water damage from a building’s plumbing is usually covered. In some cases, the insurance will reimburse an insured individual for some of the added expenses incurred when a person is forced out of a rental property damaged by an event such as a fire.

Some renters may believe – mistakenly – that their personal property is covered by a building owner’s insurance. Others, like recent college graduates, may be unaware of tenants insurance and some simply decide not to buy it.

College students residing in off-campus housing are encouraged to purchase tenants insurance. College students residing on-campus and still considered a dependent are generally covered under their parent’s homeowners’ insurance policy. Parents should, however, review their homeowner’s policy to confirm that coverage exists for students living on-campus. Depending upon the location of the parents’ home, coverage may be limited and/or off-premises theft exclusions may need to be added back onto a parent’s homeowners policy.

Tenants insurance is relatively inexpensive, but premium rates can vary significantly based on the insurer, coverage limits, deductibles and the property’s location. Most policies place a cap on coverage for stolen or damaged property, so people considering tenants insurance should verify the limits of individual policies and buy higher limits, if needed. In some cases, such as insuring fine jewelry or valuable artwork, policyholders will often need either a rider or floater added to the insurance policy.

Source: www.ins.state.ny.us


ALBANY COUNTY WOMAN CHARGED WITH INSURANCE FRAUD

An Albany County woman was arrested March 25 for filing a false insurance claim in connection with the reported theft of a $3,500 fur coat from her car, the New York State Insurance Department reported.

The woman was arrested by Investigator Thomas McNaughton of the Department’s Frauds Bureau, assisted by the Albany Police Department. She was charged with insurance fraud and falsely reporting an incident.

According to McNaughton, an investigation was begun in December after she filed the claim with her insurance company, New York Central Mutual. McNaughton said the insurer was suspicious because the claim was one of a series of insurance claims she had filed over the course of a year.

The woman was never paid for the claim involving the fur coat and investigators later found it in her home. McNaughton said she gave investigators a written statement in which she confessed to fabricating the insurance claim. She was employed as a project manager by the New York State Office of the Comptroller at the time she reported the coat stolen.

The case is being prosecuted by the office of Albany County District Attorney P. David Soares. If convicted, she could be sentenced to up to seven years in prison. She was released on her own recognizance pending an April 11 hearing in Albany County Court.

Source: www.ins.state.ny.us


FREIGHT COMPANY CITED FOR SAFETY VIOLATIONS BY U.S. LABOR DEPARTMENT'S OSHA FOLLOWING DEATH OF FORKLIFT OPERATOR AT MANCHESTER, N.H., DEPOT
Michigan-based delivery company also cited after similar 2003 accident in Texas

CONCORD, N.H. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed a total of $119,500 in fines against an Ann Arbor, Mich.-based delivery carrier, for alleged willful, repeat and serious safety violations following an inspection at the company's N.H., service center.

The inspection was prompted by an Oct. 3, 2007, accident in which an employee died when he was crushed beneath the forklift he was operating after it went off the edge of a loading dock. OSHA's inspection found that the employee had not been using the forklift's seatbelt, and the company had not trained him and other forklift operators to follow the manufacturer's guideline that seatbelts be used during operation.

"Manufacturer guidelines require the use of seatbelts, and OSHA's powered industrial truck standard mandates that employers train their forklift operators to follow those guidelines," said Francis Pagliuca, OSHA's acting area director for New Hampshire. "The company repeatedly has refused to require forklift operators to use seatbelts even though another employee died in a similar accident in Dallas in 2003. This practice must change, or employees nationwide continually will remain exposed to the dangers of fatal or disabling injuries."
For the lack of training, OSHA issued the firm one willful citation, with the maximum proposed fine of $70,000. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. The company also was issued one repeat citation, with a $35,000 fine, for allowing the forklift to be operated in a defective condition. OSHA cited the company's Ill., facility for a similar hazard in May 2007.

In addition, OSHA issued three serious citations, with $14,500 in fines, for the lack of seatbelt use, not having the forklift maintain a safe distance from the edges of the loading dock, and not marking aisles and passageways for forklift use. OSHA defines a serious violation as a condition that exists where there is a substantial possibility that death or serious physical harm can result.

Source: www.osha.gov


INSURANCE COMMISSIONER POIZNER ANNOUNCES BAY AREA FRAUD SWEEP, NEARLY ONE DOZEN FRAUD PERPETRATORS ARRESTED

CDI Investigation Discovers $2 Million in Cell Phones Scammed from Fraudulent Insurance Claims

SAN JOSE ― Insurance Commissioner Steve Poizner today announced the arrests of nearly one dozen alleged Bay Area fraud perpetrators. Eleven subjects were arrested over the last week on numerous felony counts including insurance fraud, identity theft, possession of stolen property, and filing a false tax return. Wireless phone dealers, employees and customers were arrested for their purported involvement in a $2 million insurance scam.

"When scam artists cheat the system, everyone suffers," said Commissioner Poizner. "Businesses that defraud insurance companies to earn an extra dollar are not playing fairly and are undermining the integrity of a free marketplace."

The California Department of Insurance (CDI) Fraud Division, with assistance from the California Highway Patrol and the Santa Clara County District Attorney's Office, launched investigations into several Bay Area cellular telephone stores in 2005 after insurance administrator Asurion Corporation (previously lock/line) reported suspected fraudulent claims.   Asurion Corporation administers wireless insurance protection plans which provide coverage for lost, stolen or damaged wireless phones. The administrator provides a replacement phone when an insurance claim is filed and approved.

Dealer fraud occurs when a customer purchases a policy on a wireless phone to cover against loss, theft or damage. After selling a wireless phone to a customer, a store employee, associate, or owner will file a claim with the insurance company for a lost or stolen phone. After the insurance company sends a replacement cellular phone, the dealer sells or gives away the replacement phone free to a new customer. This scheme is often repeated on new wireless phone accounts, without the original customer's knowledge that an insurance claim was made on his or her account. CDI's investigation uncovered approximately two million dollars worth of replacement wireless phones that were shipped out by Asurion as a result of this fraud scheme. This investigation continues and CDI expects to make more arrests.

Source www.insurane.ca.gov


TROY RESTAURANT OWNER CHARGED WITH GRAND LARCENY

The owner of a restaurant and bar in Troy, NY was charged with grand larceny after he was arrested Thursday for filing an allegedly false insurance claim over the loss of $7,000 worth of food in a power outage.

The individual was arrested by New York State Insurance Department Frauds Bureau Investigator David J. Towne, assisted by State Police at Loudonville.

His arrest followed the investigation of an insurance claim in which he said he lost food products because of a power outage that affected his restaurant. He was paid $5,000 after filing the claim with Selective Insurance and National Grid Power Company. The investigation determined that he did not lose any food because of the July 2007 power outage.

If convicted, he could be sentenced to up to seven years in prison.

Source: www.ins.state.ny.us

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