Month: November 2013

Dog Bite Prevention

Posted on by shasha insurance

If you own a dog, you should be aware that it is not completely unlikely that your dog may bite. According to 2009 figures from the CDC, approximately 4.5 million Americans are bitten by dogs every year. Of these bites, about one in five result in wounds that require medical attention. Furthermore, the property/casualty industry pays out hundreds of millions of dollars to satisfy dog bite claims each year. But you can take steps to make it less likely that your dog will bite.

Prior to bringing a dog into your household:

* Speak with a professional such as a veterinarian, animal behaviorist, or a responsible breeder to find out which breeds of dogs are the best fit for your household.

* Dogs with aggressive natures are not appropriate for households with children.

* Pay attention to cues that a child is apprehensive about a dog. If a child seems fearful of dogs, wait before bringing a dog into your household.

* Before buying or adopting a dog, spend time with it. Exercise caution when bringing a dog into a household with an infant or toddler.

If you decide to adopt or purchase a dog:

* Spay or neuter your pet since this action reduces aggressive tendencies.

* Don’t ever leave young children or babies alone with a dog.

* Don’t play aggressively with your dog. Avoid wrestling or tug-of-war games.

* Teach your dog submissive behaviors such as rolling over to expose the abdomen, and giving up food without growling.

* Seek professional advice from a veterinarian or responsible breeder if the dog develops aggressive or other unwanted behaviors.

 Teach children special safety precautions to take around dogs:

* Children should not approach an unfamiliar dog

* Don’t run from a dog or scream

* If an unfamiliar dog approaches, remain motionless

* If knocked over by a dog, roll into a ball and lie still

* Report stray dogs or dogs displaying unusual behavior to an adult.

* Avoid making eye contact with a dog.

* Do not disturb a dog that is sleeping, eating, or caring for puppies.

* If bitten, immediately report the bite to an adult.

Be a responsible pet owner and protect yourself and others from dog bites, pain and suffering, as well as insurance claims!

The EEOC Strengthens Commitment to Filing Class Action Suits

Posted on by shasha insurance

In 2006, the Equal Employment Opportunity Commission changed its strategy when it announced plans to file more class action suits. This shift was predicated on the decrease in the number of private-sector discrimination-related class action suits and increase in wage-hour class actions. As a result of this decline in discrimination class actions, the Commission’s position may indicate a trend toward more government-led class actions in this area.

The EEOC is in a unique position to litigate this type of suit because it is not required to meet the strict requirements to maintain a class action set forth in Rule 23 of the Federal Rules of Civil Procedure. In addition, the agency isn’t hampered by considerations of whether the monetary compensation won will be worth the expense of a trial.

The Commission is also spurred on in its decision by the belief that a national approach to litigating workplace civil rights is necessary due to a lack of consistent effort on the part of the private sector. The Commission itself is guilty of not identifying widespread discrimination in the past, and this shift is seen as attempt to make the agency more proactive.

What means will the agency use to evaluate which cases require class action treatment? Its primary sources will be:

·               Data gathered through EEO-1 surveys of private employers of 100 or more employees

·               Analyses designed by private statisticians who act as consultants to the Commission

·               Charges filed by claimants

·               Its own databases

·               Pending litigation

·               Long-term analysis of EEO-1 reports

In light of this emphasis on rooting out systemic discrimination, employers need to be increasingly vigilant. Here are some guidelines that can help you prevent becoming party to an EEOC-initiated class action suit:

1.                  Keep your affirmative action plans updated so that when analyzing, the data will identify problem areas in recruitment, hiring, transfer, promotion, compensation, termination, or other terms and conditions of employment.

2.                  Review the criteria used for hiring, firing and other personnel decisions to identify standards or actions that can be perceived as discriminatory.

3.                  Review instances in which a personnel decision impacted negatively on an employee or employees to be sure that all criteria used to make the decision was job related and the result of the need to maintain business operations.

4.                  Provide updated training for management involved in interviewing, hiring, job assignment, compensation, job advancement, and termination to ensure that they understand their obligations under the equal employment opportunity laws.

5.                  Inform management of the negative impact that e-mails have on the defense of claims, especially if careless phrases are used, insulting comments are made or e-mails are used for inappropriate purposes.

6.                  Publish company policies that spell out a zero tolerance for all forms of discrimination, harassment, and retaliation. Train non-management employees in those policies and their obligation to report immediately any actual or perceived harassment, discrimination, or retaliation.

7.                  Post and regularly distribute policies regarding reporting harassment, discrimination, or retaliation.

8.                  Develop a program through which employees receive severance pay or other consideration in exchange for executing binding releases that comply with the Older Worker Benefit Protection Act.

9.                  Keep and regularly review electronic data to identify potential problems and to avoid the possibility of it becoming damaged.

Can I Rent That Condo?

Posted on by shasha insurance

Not everyone wants to actually own a unit in a condominium complex which is why some purchasers buy units as investment properties. The practice has become widespread enough to become a major problem for many condominium associations. To understand the scope of the problem, you need to understand how the secondary mortgage market operates.

The secondary mortgage market is the place where primary mortgage lenders sell the mortgages they underwrite to obtain funds to originate other new loans. Fannie Mae and Freddie Mac are secondary mortgage lenders who originate a large number of condominium loans for purchase and refinance. They impose restrictions on the number of investor units in a condominium association. Usually no more than 40 or 50 percent of the units can be investment properties available for renting. If an association goes beyond these limitations, new purchasers as well as unit owners wishing to refinance find it difficult to get a mortgage from these lenders.

That’s one of the reasons why you need to check that the unit you are contemplating renting is a legitimate rental property under the condo association’s governing documents. They spell out the policy regarding renting. If the governing documents contain no rental restrictions, then owners have the right to rent their units at will.  However, some governing documents may allow unit owners to rent, but they must do so for a minimum period. That means you must rent the unit for a specific period of time like a year. This restriction is usually intended to prevent short-term rentals resulting in a revolving door of tenants. If there are specific restrictions allowing the board to make reasonable rules and regulations regarding rental issues; these rules cannot violate any state or federal statutes.

The importance of determining the legitimacy of the rental unit is also imperative in terms of safeguarding your rights as a tenant. There are two areas of major concern, rent increases and unlawful eviction. Your landlord may increase your rent, but the increase must be “fair and equitable.” If you are legitimately renting and you think that the rent increase is not fair and equitable, you can file a complaint with the local governing body that handles rent complaints.

The other concern is protection from unjust eviction. The “Just Cause” law protects tenants who live in a building or complex, which has at least five dwelling units. It says that your landlord can only evict you for certain reasons:

·        Nonpayment of rent

·        Refusing to agree to a “fair and equitable” rent increase

·        Not following rules and regulations of the building

·        Not following the provisions of the lease

·        Not meeting obligations toward the property such as protecting the property from being damaged, interfering with the neighbors’ peaceful enjoyment of the property; or failing to keep your unit clean and safe

·        The apartment is being permanently removed from the housing market

·        Your landlord plans to use the apartment as his/her own permanent residence

What Do I Own As a Condo Unit Owner?

Posted on by shasha insurance

The term “condominium” in real estate law refers to a large complex that is divided into individual units and sold. When a purchaser buys one of the units in the complex, they enter into a dual ownership situation. The first type of ownership is the acquisition of individual and absolute title to the particular space their unit occupies. That means that they own the area formed by the walls, floor and ceiling of their unit and everything inside including interior partitions, cabinets, appliances and fixtures. They technically do not own the land. However, their ownership of their individual unit is as complete and absolute as a homeowner’s ownership of the house that they buy. They have title to their unit just as they would if they had purchased a single-family home. Additionally, they have the same legal status as a single-family homeowner.

A title search is performed when someone purchases a condominium, just as it is when someone buys a house. This search will disclose any problems with the title of the unit along with any liens against the condominium building or the complex itself. Once the title search is complete and there are no problems, the purchaser receives a deed to their unit.

Because ownership is in the individual unit, the purchaser needs to be sure that the location of his/her unit is precisely and accurately described in terms of space. The physical boundaries of the unit must be pinpointed with the same accuracy that locates a piece of land and distinguishes it from all other pieces of land.

This description is arrived at by dividing, measuring and locating the unit in three-dimensional terms so that it cannot be confused with any other unit space. The legal ramifications of this description are significant. The description safeguards the purchaser from involvement in the interests or obligations of owners of other units in the condominium. The description is also fundamental in obtaining a mortgage and disposing of the unit through sale or by bequeath.

The second type of ownership is an undivided interest in all of the common parts of the property, such as the main walls, roofs, halls, lobbies, stairways as well as the land. This ownership is held collectively with all other unit owners in the condominium. The condominium management controls these common properties. Management is usually made up of a board of unit owners who manage the day- today operations of the complex like garbage collection, landscaping and snow removal.

Because of the shared ownership of common areas, the unit owner has to abide by the legal documents, which govern the association. These documents are known as the Declaration and the By-laws. The Declaration delineates the percentage interest that each unit has in the association. That percentage determines the unit owner’s voting rights and payment obligations.

The By-laws spell out board member qualifications, how the board administers policies and how it oversees the maintenance and administration of the association. The by-laws will also include the rules about meetings, voting, proxies, budget, assessments, insurance coverage, and restrictions on the use of the units and the common areas. 

Learn How to Protect Yourself from Machine Accidents

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In 2002, the Bureau of Labor Statistics (BLS) reported that 92,560 injuries, which resulted in lost time from work, were caused by machinery. The agency ranked the top injury causing machines according to the number of accidents that occurred during their use:

1.   Metal, woodworking and special materials machinery (19,269 injuries)

2.   Material handling machinery (16,183 injuries)

3.   Special process machinery (15,576 injuries)

4.   Heating, cooling and cleaning machinery (13,330 injuries)

5.   Unspecified machinery (6,148 injuries)

6.   Construction, logging and mining machinery (6,069 injuries)

The BLS also found that machinery was the chief source of fatal occupational injuries in 483 of the 5,915 fatalities during 2002.

If you use machinery as part of your employment, you need to know how to protect yourself from the hazards that machines pose. The following list of guidelines for correct machine use was compiled by Wake Forest University:

1.   Wear safety glasses, goggles or safety shields designed for the type of machine work being done.

2.   Be sure that all machines have effective and proper working guards.

3.   Replace guards immediately after any repairs.

4.   Do not attempt to oil, clean, adjust or repair any machine while it is running.

5.   Do not leave a machine while it is running. Someone else may not notice it is still running, and be injured.

6.   Do not try to stop the machine with your hands or body.

7.   Always see that work and cutting tools on any machine are clamped securely before starting.

8.   Get help when handling long or heavy pieces of material.

9.   When working with another person, only one should operate the machine or switches.

10.   Do not lean against the machine.

11.   Concentrate on the work and the machine at all times; it only takes a moment for an accident to occur.

12.   Do not talk to others while they are operating a machine.

13.   Be sure you have sufficient light to see clearly when doing any job.

14.   Wear short sleeves or roll sleeves up above the elbow.

15.    Don’t wear bracelets, rings, etc., when operating machines.

16.    Never use compressed air for cleaning machinery.

Keep in mind that although your company may be extremely diligent about guarding machinery, you must still exercise caution because there are some operations that cannot be completely guarded. You should also remember that even though machines are equipped with guards, it is still possible to get your hands and fingers in a machine’s danger zone.

Adhering to these guidelines and any additional ones that your company has in place should lessen the chances of a workplace machinery-related accident happening to your or your co-workers.

Be Proactive to Keep Your Pipes from Freezing

Posted on by shasha insurance

As the temperature drops, pipes that are exposed to the cold are prone to freeze. This is especially true if they are located in unheated areas like basements, crawl spaces, attics and garages. Pipes that run along poorly insulated exterior walls can also be affected by the extremes in temperature.

The continued freezing and then thawing of these pipes can cause the metal to become weakened and break. Water damage caused by burst pipes can result in toxic mold. If the damage isn’t repaired correctly, or isn’t repaired soon enough, it can cause a build-up of mold inside the walls that can make a house uninhabitable. Keep in mind that your homeowner’s policy covers damage from burst pipes, but most likely not related damage from mold.

The best way to keep from being in this situation is to be proactive and prevent pipes from freezing:

·   Install adequate insulation in outside walls that have pipes running along side them, under the floors above the basement, and above the attic ceiling.

·   Disconnect the garden hose before the cold weather begins.

·   Wrap exposed pipes with insulating sleeves.

·   Seal foundation cracks in crawlspaces that could let cold air in that will cause pipes to freeze.

·   Open the cabinet doors under your sinks during extreme cold weather to allow warm air to get in.

·   Run a small trickle of water through cold and hot water faucets attached to pipes that could potentially freeze.

If you turn on a faucet and only a trickle of water comes out, the pipe is probably frozen. There are some things you can do to thaw the pipe safely. Here are some guidelines recommended by the American Red Cross:

·   Keep the faucet open. As you treat the frozen pipe and the frozen area begins to melt, water will begin to flow through the frozen area. Running water through the pipe will help melt more ice in the pipe.

·   Apply heat to the section of the pipe that is frozen by using either an electric heating pad that is wrapped around the pipe, an electric hair dryer, a portable electric space heater, or by wrapping the pipe in towels that have been soaked in hot water. Do not use a blowtorch, kerosene or propane heater, charcoal stove, or other open flame device. A blowtorch can make water in a frozen pipe boil and cause it to explode. Open flames present serious fire danger, as well as risk of exposure to carbon monoxide.

·   Apply heat until full water pressure is restored. If you are unable to locate the frozen area, if the frozen area is inaccessible, or if you cannot thaw the frozen area, call a licensed plumber.

·   Check all other faucets in your home to find out if you have additional frozen pipes. If one pipe freezes, others may too.

If you would like more information about protecting your pipes from freezing, you can access the American Red Cross’ Fact Sheet: Preventing and Thawing Frozen Pipes by logging on to https://www.redcross.org/static/file_cont338_lang0_155.pdf

Cover Your Home Office with Necessary Business Insurance

Posted on by shasha insurance

If you run a business from your home, don’t make the error of believing your current homeowner’s insurance policy covers the loss of expensive business equipment. Although many homeowner’s policies offer a small amount of insurance coverage for inventory, there are strict exclusions for liability claims arising from any “for-profit” activities.

While some office-only types of businesses can be insured against liability claims under the homeowner’s policy, professional liability insurance needs would not be included. Insurance packages created specifically for in-home businesses are available at a moderate cost.

An average homeowner’s policy provides only $2,500 coverage for business equipment, which frequently is not enough to cover all business property. You may also need to consider coverage for liability and loss of income. Be aware that insurance companies differ quite a bit in the types of business operations they cover. Taking the time to shop around for coverage options, as well as pricing, will pay off in the long run.

No matter what type of policy you choose, if you’re a professional working out of your home, you probably need professional liability insurance. Depending on the type of in-home business you operate, special policies may be required. You have three basic insurance choices, depending on your specific business:

Homeowner’s Policy Endorsement

In order to double your standard coverage for business equipment, such as computers, you may be able to add a simple endorsement to your existing homeowner’s policy . For as little as $25, you can increase the policy limits from $2,500 to $5,000. Some insurance companies will permit you to increase your coverage up to $10,000 in increments of $2,500.

In-Home Business Policy/Program

An in-home business policy renders more comprehensive coverage for liability and business equipment than a homeowner’s policy. These policies, which are also referred to as “in-home business endorsements,” differ substantially depending on the insurer.

What if you have additional employees working in your home? Some in-home business policies allow a certain number of full-time employees, usually up to three. In-home business policies include extended liability insurance for higher amounts of coverage. For example, they may provide protection against lawsuits for injuries caused by your product and/or service offerings.

Business Owners Policy (BOP)

Developed specifically for small-to-mid-size businesses, a Business Owners Policy is an excellent tool if your home-based business operates in more than one location. A BOP covers business property and equipment, loss of income, extra expense, and liability. These coverage plans are offered on a much broader scale than the in-home business policy.

Check Your Insurance Before Climbing into the Cockpit

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Nearly 600,000 Americans are active certified aircraft pilots, according to Federal Aviation Administration estimates. These pilots fly everything from helicopters to commercial jets. Some own the aircraft they fly. Whether you own a plane or fly rented or borrowed aircraft, you should be aware of what your insurance can and cannot do and the insurance coverage you need.

A typical homeowner’s insurance policy does not cover the policyholder’s legal liability for bodily injury or property damage arising out of any of the following:

  • The ownership of aircraft
  • Its maintenance, occupancy, operation, use, and loading or unloading by anyone
  • Entrustment of it to anyone
  • Poor or no supervision of a person using it
  • Its use by a child or minor

Personal umbrella liability policies typically contain similar provisions. Consequently, it is essential for aircraft owners and renters to purchase aviation insurance. A relatively small number of insurance companies offer these policies, and the coverage details vary from one company to another. However, they all cover legal liability for injuries or damages. Coverage applies to the policyholder, anyone riding in or using the aircraft with the policyholder’s permission, and any other person or organization responsible for the aircraft.

Aviation policies normally contain several provisions that limit or eliminate coverage, such as:

  • No coverage for liability that the insured assumed by signing a contract.
  • No coverage for damage to property the insured leases, occupies or has control of, though some insurance companies cover damage to leased hangars.
  • No coverage for losses occurring when the aircraft’s Certificate of Airworthiness is not in effect.
  • No coverage for injury or damage that occurs while the aircraft is being used for an illegal purpose.
  • No coverage for a loss that occurs when the number of passengers exceeds the maximum stated in the policy.
  • No coverage when a pilot who does not meet certain conditions is operating the aircraft. These conditions may include having a valid pilot’s certificate, having logged a minimum number of flight hours, and having flown that make and model of aircraft a minimum number of hours.

Policies usually cover the use of substitute aircraft while the insured aircraft is out of service for maintenance or repair. Also, policies issued to an individual or couple often include coverage for the occasional use of aircraft they do not own.

Aviation insurance also covers damage to the aircraft itself. Policies typically cover damage from all causes other than:

  • Wear and tear, mechanical breakdown, and related causes
  • Damage to the tires
  • Depreciation or loss of use of the aircraft
  • Embezzlement
  • Government seizure of the aircraft
  • Change in ownership of the aircraft

Discuss how you use aircraft with an insurance agent to make certain that you have the proper coverage and amounts of insurance large enough to adequately protect you. Personal aircraft can be a great convenience for their owners. The right insurance can give you financial peace of mind when you jump in the pilot’s seat.

OSHA to Rule in November Who Pays for PPE

Posted on by shasha insurance

This November, OSHA will finally end the controversy surrounding the matter of who pays for an employee’s personal protective equipment when it issues a final ruling on the subject. Labor unions have been waiting for almost eight years for the agency to complete its rulemaking, which would clarify that employers are supposed to pay for safety equipment.

The controversy began in 1994 when the agency tried to establish a policy and clarify the issue of payment in a memo to its field staff dated October 18th and titled Employer Obligation to Pay for Personal Protective Equipment. In this memo, OSHA stated that for all PPE standards, the employer must provide and pay for employees’ required PPE except for those items that are personal in nature or used by the employee off the job. In these instances the issue of payment was left to labor-management negotiations.

OSHA’s position in the 1994 memo was in response to pending litigation between the Secretary of Labor and Union Tank Car Company. In that case, the employer was issued a citation for not paying for metatarsal foot protection and welding gloves. The Occupational Safety and Health Review Commission (OSHRC) reviewed the case and declined to accept OSHA’s interpretation given in the memorandum. It dropped the citation and found that the Secretary had failed to adequately explain the policy outlined in the 1994 memorandum.

In response to OSHRC’s Union Tank Car decision, OSHA issued the proposed rule, 29 CFR 1910.132, which established that employers pay for all types of PPE as required under OSHA standards except for safety shoes, prescription safety eyewear and logging boots. The proposed rule was predicated on OSHA’s conclusion that the OSH Act implicitly required employers to pay for PPE that is necessary for employees to perform their jobs safely.

In 1997, OSHRC declined to accept OSHA’s interpretation that in the majority of circumstances, employers must pay for employees’ PPE as required under Section 1910.132. OSHA’s response was to start rulemaking proceedings to clarify the party required to pay for PPE in all situations where an OSHA standard requires its use. On March 31, 1999, the agency issued a proposed rule to require employers to pay for all PPE except in a few specific cases. After OSHA received public comments and held hearings, the record was closed on December 13, 1999.

In 2004, the agency re-opened the record because there was a need to evaluate the proposal further, and requested more input from the public. OSHA wanted public comment to address the issue of how to handle certain types of PPE that are usually supplied by the employee, taken from site to site or from employer to employer, and considered to be “tools of the trade,” especially in industries with high turnover.

In January 2007, The AFL-CIO and the United Food and Commercial Workers (UFCW) filed suit against the Department of Labor over its failure to issue a standard requiring employers to pay for PPE.  They asserted that this failure was endangering workers’ lives.

The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, petitioned the court to issue an order directing the Secretary of Labor to finalize the PPE rule within 60 days of the court’s order.

On February 16, 2007, The U.S. Court of Appeals for the District of Columbia Circuit ordered the Department of Labor to respond to the unions’ lawsuit by March 19th. However, several days before that deadline, legal counsel for the Secretary of Labor, Elaine Chao, filed papers with the appeals court asking it to hold the case “in abeyance” until the final rule is issued in November.

Remaining Under the Radar with Your Homeowner’s Coverage

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If you contact your insurance company to verify coverage for a particular claim, it goes on your record.  Even if you call your agent directly, they might be obligated to inform the insurer of your inquiry.  Too many inquiries, even if you never file a claim, can jeopardize your policy.  Too many claims, regardless of their size, can result in non-renewal at the end of your policy’s term.

Here are several ways to stay under the radar with your insurance company:

  • Don’t file for small claims.  When property damage occurs, get estimates first before calling your insurer or agent.  Pay for small repairs yourself, if possible.
  • Consolidate coverage.  Have your homeowner’s and auto insurance with the same company.  The insurer might think twice about canceling if you’re likely to pull the other coverage and move elsewhere.
  • Increase your deductible.  If you heed the earlier advice and don’t intend to file for small claims, save the money you’re spending on a policy with a $250 deductible and raise it to $500 or even $1000.
  • Insure your home for its replacement cost, instead of the balance of the mortgage, and save money.  Approximately 25 percent of your mortgage represents the cost of the land.  If your home burns to the ground, you’ll still have the land.
  • Stay with the same insurer indefinitely.  You’ll build up a track record, and your insurer might refrain from canceling your policy if you do have a claim. 
  • If you purchase a house, check into a homeowner’s policy before your closing date.  Thanks to the Comprehensive Loss Underwriting Exchange (CLUE), there is a database of insurance claims that inform an insurer if a particular house has ever been subject to a claim.  If previous claims were paid on the house, you’ll have a hard time obtaining coverage, even if you’ve personally never filed a claim.  Furthermore, any insurance you’ll find will be more expensive than standard rates.

At the same time, if you’ve filed claims before and purchase a new home, you could be denied a policy, not because of the house, but because of your own claims history. 

Call your state’s insurance commission to ask about state regulations concerning non-renewal or cancellation.  A few states have laws that prevent an insurer from refusing to renew your policy for claims caused by acts of nature.