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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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