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The Past is an Indication of Our Future

Thank you for reviewing company and industry highlights. If you would like additional information on the topics discussed, please feel free to contact us.

Company and Industry Highlights

September 2007

INSURANCE DEPARTMENT WARNS AGAINST INSURANCE SCAMS
Reports of Fraudulent Sales Practices Taking Place in Flood-Ravaged Regions

COLUMBUS — Ohio Department of Insurance Director Mary Jo Hudson is warning victims of the recent floods in northern and central Ohio to beware of individuals who may be selling bogus flood insurance policies. The Department has received reports of people trying to sell retroactive flood insurance policies, claiming that if a homeowner purchases a flood insurance policy, the policy will cover any damages incurred during this latest flood.

“There is no such thing as a retroactive flood insurance policy,” said Director Hudson. “If a homeowner is approached by someone who claims to be selling a retroactive flood insurance policy, please ask for the person’s name and telephone number and then report this information to the Ohio Department of Insurance by calling our consumer hotline number at 1-800-686-1526.”

Flood insurance policies are funded by the National Flood Insurance Program (NFIP) and do not cover any prior flooding damages. Flood insurance policies take effect 30 days after being purchased. Homeowners should ask for identification from any insurance agent who may approach them. A database of Ohio licensed insurance agents is available at the Department’s website at www.ohioinsurance.gov

The Department continues to provide extended consumer hotline hours to assist Ohioans who have suffered from flooding. Trained representatives can be reached at 1-800-686-1526 on Saturday, Sunday and Labor Day from 8 a.m. to 2 p.m. Department representatives will also staff the Disaster Recovery Centers in Allen, Crawford, Hancock, Putnam, Richland and Wyandot counties.

Source: www.ohioinsurance.gov

FLOOD-DAMAGED CARS PROTECTED ONLY WITH COMPREHENSIVE INSURANCE

Ohio Department of Insurance representatives available to answer questions

COLUMBUS — Owners of vehicles damaged from last week’s heavy rains may have coverage from losses if they had purchased comprehensive coverage for the vehicle.

“All Ohioans should review their vehicle insurance to determine if they have comprehensive coverage to protect against losses incurred by flood damage,“ said Mary Jo Hudson, Director of the Ohio Department of Insurance. “In communities where flooding was severe, you may have coverage if your vehicle policy included comprehensive coverage. Check with your agent or contact the Department at 1-800-686-1526 if you have any questions. We are here to help.”

Comprehensive coverage pays for losses that result from incidents that are not collision-related. It typically protects against damage caused to your vehicle by flooding, fire, vandalism, hail, falling objects and animals.

State law does not require Ohioans to purchase comprehensive coverage, although lenders typically require it when making a loan for a new or used car. If you select comprehensive coverage, you can keep your premiums low by choosing a high deductible. A deductible is the amount you pay before your insurance coverage pays. The cost of adding protection against physical damage to your vehicle will depend on the make, model and age of the vehicle.

Consumers with questions concerning auto or flood insurance can call the Department’s Consumer Hotline at 1-800-686-1526.

Source: www.ohioinsurance.gov

CAZENOVIA, N.Y., PAYS NEARLY $100,000 IN DAMAGES AND BACK WAGES TO WHISTLEBLOWER FOLLOWING INVESTIGATION BY U.S. LABOR DEPARTMENT'S OSHA
Worker injured in retaliatory work assignment after filing environmental complaints

NEW YORK -- Following a whistleblower investigation by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA), the town of Cazenovia, N.Y., has paid nearly $100,000 in damages and back wages to an employee who was injured during a retaliatory work assignment and suffered other retaliatory actions after he raised concerns protected under federal environmental laws.

"Employees have a right to raise legitimate environmental and safety concerns without fear of retaliation, discrimination, harassment or being put in harm's way," said Patricia K. Clark, OSHA's regional administrator, whose New York office conducted the investigation.

After notifying the town and the New York Department of Environmental Conservation of possible violations of environmental laws by the town during 2006, the employee was subjected to harassment over several months and twice suspended in the fall. He filed a whistleblower complaint with OSHA on Dec. 1, 2006. On Dec. 6, he was assigned to cut trees during unsafe weather conditions and suffered a disabling injury while doing so.

OSHA's investigation found that the suspensions, harassment and assignment to work under dangerous conditions were in retaliation for the environmental complaints. After being informed of OSHA's findings, the town agreed to take corrective measures.

The town paid the employee $99,000 in compensatory damages and $919.52 in back wages covering the two suspensions, and expunged the suspensions from the employee's personnel file. It also agreed to establish a clear policy prohibiting retaliation against employees for raising environmental or safety-related concerns, arrange for OSHA to train town management and employees on their respective responsibilities and rights under federal whistleblower laws, and post a notice of employees' whistleblower rights.

"It's important to note that the settlement goes beyond this one case," said Clark. "The settlement establishes a mechanism to educate the town and its employees, and prevent this sort of retaliatory behavior in the future."

Source: www.osha.gov

STATE INSURANCE INDUSTRY URGED TO PARTICIPATE IN NATIONWIDE FLU PANDEMIC EXERCISE

The New York State Insurance Department today said that it expects all insurance companies in the state to participate in an exercise next month to evaluate the readiness of the nation’s financial services to survive a pandemic flu outbreak.

“There has never before been an exercise of this scope in the United States and all sectors of the financial services industry will be represented. It is important that all insurance companies, both large and small organizations alike, register to participate,” said Deputy Superintendent Louis W. Pietroluongo.

Designed to simulate a global influenza outbreak, the exercise is being sponsored by the U.S. Department of the Treasury and major financial services trade organizations. Insurance companies may obtain additional information and register by accessing the exercise website at www.fspanfluexercise.com.

The simulation will be conducted over a three-week period beginning Sept. 24. Participants will take part at their own locations accessing a secure website to respond to such scenarios as transportation, communications and telecommunications disruptions. Participants’ responses will be kept confidential.

“By participating, insurance companies will have an opportunity to review, test and update their pandemic plans against realistic scenarios that could cause massive absenteeism,” explained Deputy Superintendent Pietroluongo, who is responsible for the Department’s Disaster Preparedness and Business Continuity Planning.

“Continuity plans typically focus on disruptions, like earthquakes, that are limited in time and place, but a flu pandemic could hit in waves over a protracted period of weeks or months,” he said.

The government describes a pandemic flu as a global outbreak of influenza which is transmitted person-to-person and causes serious illness for which there is little natural immunity and limited prepared vaccine.

In addition to the Department of the Treasury, the exercise is being sponsored by the Financial and Banking Information Infrastructure Committee, the Financial Services Sector Coordinating Council for Critical Infrastructure Protection and Homeland Security and the Securities Industry and Financial Management Association.

Source: www.ins.state.ny.us

TWO INSURANCE COMPANIES WITHDRAW FILINGS FOR RATE INCREASES

TALLAHASSEE (08/17/2007)- TheFlorida Office of Insurance Regulation (Office) announced today that AMEX Assurance Company and IDS Property Casualty Insurance Company withdrew their filings. The companies had requested a 49.1 percent rate increase for their homeowners' insurance lines of business.

During 2006, the insurance industry pointed to the high cost of reinsurance for the ever-increasing residential property insurance rates. Reinsurance is the insurance companies buy to cover large losses. The Legislature responded during the January Special Session by passing House Bill 1A which expanded the Florida Catastrophe Fund, making $12 billion in less expensive reinsurance available from the state. In March, companies submitted rate filings to the Office estimating how much this lower-priced reinsurance would reduce their rates. AMEX and IDS each filed a reduction of -26.1 percent.

The law also required all companies to make a second filing, after they negotiated their 2007 reinsurance coverage, which shows the actual savings. AMEX and IDS indicated their rate reduction of -26.1 percent in March was incorrect and that each company instead requires a rate increase of 49.1 percent.

To date, two hearings have been held to evaluate the "true-up" filings, four more have been scheduled and two are in the process of being scheduled. The Office had scheduled the AMEX and IDS hearing for August 21; the Office canceled the hearing following the companies' decision to withdraw their filings.

Source: www.floir.com

ROCHESTER, N.H., MANUFACTURER FACES $134,900 IN FINES FROM U.S. LABOR DEPARTMENT'S OSHA FOR 66 ALLEGED VIOLATIONS OF HEALTH AND SAFETY STANDARD

CONCORD, N.H. – A manufacturing facility in Rochester, N.H., has been cited for 66 alleged willful, serious and other-than-serious violations of health and safety standards by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). The felt products manufacturer faces $134,900 in proposed fines stemming from OSHA inspections begun in February of this year.

"These citations address a wide cross section of health and safety concerns that are basic to a manufacturing environment," said Rosemarie Ohar, OSHA's area director for New Hampshire. "Failing to correct these conditions exposes employees to the hazards of hearing loss, burns, lacerations, amputation, crushing, fire, explosion, asbestos, being struck by forklifts or being overcome by toxic or oxygen-deficient atmospheres."

The company was issued one willful citation, with a $56,000 fine, for not ensuring the use of hearing protection by employees exposed to high noise levels. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

Forty-seven serious citations, carrying $74,700 in fines, were issued for incomplete or inadequate training, monitoring and testing for employees exposed to high noise levels; unguarded moving machine parts; electrical hazards; a sprinkler system not maintained in working order; damaged propane storage tanks located too close to the building; an incomplete emergency response plan; inadequate or incomplete safeguards for employees working in confined spaces; inadequate or incomplete safeguards to prevent the accidental startup of machinery during maintenance; untrained forklift operators; damaged forklifts not removed from service; lack of personal protective equipment; tripping and fall hazards; and inadequate or incomplete safeguards for employees working in areas where asbestos or potentially asbestos-containing materials were present. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

The company also was issued 17 other-than-serious citations and fined $4,200 for failing to accurately record occupational injuries and illnesses, inadequate recordkeeping, and other safety and health conditions. Other-than-serious citations address conditions that have a direct relationship to job safety and health but probably would not cause death or serious physical harm.

Source: www.osha.gov

U.S. LABOR DEPARTMENT'S OSHA PROPOSES $60,000 IN PENALTIES AGAINST FORT PIERCE, FLA., CONTRACTOR FOR TRENCHING AND EXCAVATION HAZARDS

FORT LAUDERDALE, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited a construction company in Fort Pierce, Fla., for two serious and two repeat safety violations following an inspection of the company's Sebastian, Fla., jobsite in March. The agency is proposing penalties totaling $60,000 against the underground utilities contractor.

"Excavation is one of the most hazardous construction operations due to the possibility of employee injury from soil collapse," said Darlene Fossum, OSHA's area director in Fort Lauderdale. "Employers must remain committed to keeping the workplace safe."

Inspectors found that the company failed to adequately protect employees from soil collapse in a trench more than five feet deep and did not provide a means of egress in a trench more than four feet deep. As OSHA previously had warned the company regarding both of these hazards, the agency proposed $50,000 in penalties for these repeat violations.

Employees at the site were observed working without protective helmets and were allowed to continue working in a trench not protected from cave-in, although a competently trained employee was on site. These two serious safety violations resulted in $10,000 in proposed penalties.

Source: www.osha.gov

COMMISSIONER POIZNER URGES CALIFORNIANS TO PROTECT THEIR VACATION INVESTMENTS WITH TRAVEL INSURANCE

SACRAMENTO – With the holidays quickly approaching, Insurance Commissioner Steve Poizner today urged California travelers to make sure they are protected against possible vacation losses. While considering holiday destinations, Commissioner Poizner encourages Californians to also evaluate their needs for travel insurance.

"Whether your family is headed to Sea World or San Francisco, travel insurance can protect against possible financial losses if you are forced to cancel, delay or interrupt your vacation," said Commissioner Poizner. "With the upcoming holiday weekend, Californians are using their hard-earned money to take their families on vacation. I want to make sure travelers are protecting themselves so they don't have to come home to financial loss."

Travel insurance can protect against the loss of non-refundable travel costs, such as airfare, hotel and tour expenses. Other types of travel insurance offer protection against losses due to medical emergencies, damage to personal property, and even death. Before buying travel insurance, consumers should check the refund policies on prepaid expenses. For example, some policies will issue refunds for cancellations made months in advance, but few will offer any refund for a trip canceled at the last minute.

To find out more about travel insurance, ask a trusted travel agent for recommendations of travel insurance companies. Travelers planning adventurous vacation activities like skydiving or scuba diving should ask if their insurance will cover those activities.

Major types of travel insurance include:

  • Trip Cancellation-Reimburses you for prepaid travel expenses if you are unable to take your trip because you or your family member becomes ill or dies.
  • Travel Delay - Reimburses you for pre-paid expenses if you are unable to take your trip because of a travel delay, such as a flight delay or cancellation.
  • Trip Interruption - Reimburses you for pre-paid expenses if your trip is cut short because you or a family member, become ill or die, or because of any other misfortune listed in policy. Covered reasons might include bad weather, airline strikes, terrorism, bankruptcy, jury duty, or fire or flood damage to your home.

Medical and Accidental Death Insurance

  • Medical or Health - Reimburses you for medical and emergency dental expenses that you have because of an illness or injury while you're traveling.
  • Medical Evacuation - Provides emergency transportation to take you either to a hospital in the geographic region where you are or for transportation back to a hospital near your home.
  • Accidental Death - This coverage is usually split into three parts:
  • Air Flight Accident - Covers death or dismemberment during flight only.
  • Common Carrier - Covers death or dismemberment while traveling on public transportation such as a plane, ferry, train, bus or taxi.
  • Accidental Death - Covers death or dismemberment at any time during a trip.

Baggage and Rental Car Damage Insurance

  • Baggage Loss - Reimburses you for lost, stolen or damaged personal items. This usually does not cover personal items that may be lost or damaged by an airline. If you buy baggage insurance, be sure to review the policy for the list of property that would not be covered. Some of your property may exceed the limits allowed.
  • Rental Car Damage - Reimburses you for damage or loss to a rental vehicle. If you have this coverage you may decline the "collision damage waiver" rental car companies offer. This coverage does not provide liability protection.

Tips for purchasing travel insurance:

Travel insurance polices aren't all the same. If you buy travel insurance, be sure to review the policy, especially the list of covered reasons for canceling your trip. For example, a travel insurance policy may not reimburse you if you decide not to make a trip because a conference was canceled.

Before purchasing a travel insurance policy, ask about pre-existing conditions and age limits. Some policies cover pre-existing conditions if you buy the coverage within a week or two of booking your trip. Others won't pay for pre-existing conditions or charge a higher premium to cover them. Some insurers charge more for older travelers.

Cruise and tour operators may offer cancellation waivers. Keep in mind that waivers are not insurance policies and are not regulated. Read all of the restrictions before you buy a cancellation waiver.

Before you buy travel insurance, review the policies you already have. If you have life, health or homeowners insurance, you may not need to buy certain types of travel insurance. Read your policy and speak with your insurance company or agent to learn what personal property and medical coverage you have while you are traveling. Also, ask what insurance benefits you may have if you use a credit card to pay for the trip.

No policy can guarantee your safety when you are traveling, but knowing that you are covered for medical emergencies or the loss of personal property may help travelers relax and enjoy their vacation.

Source: www.insurane.ca.gov

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