TESTIMONY OF NEW YORK STATE INSURANCE DEPARTMENT BEFORE
|
|
- Ashley Chapman
- 8 years ago
- Views:
Transcription
1 TESTIMONY OF NEW YORK STATE INSURANCE DEPARTMENT BEFORE THE JOINT SENATE COMMITTEES ON HEALTH AND ENVIRONMENTAL CONSERVATION REGARDING THE ISSUE OF TOXIC MOLD MAY 23, 2002 TESTIMONY BY GREGORY V. SERIO SUPERINTENDENT OF INSURANCE NEW YORK STATE INSURANCE DEPARTMENT
2 - 2 - I. INTRODUCTION Good morning. I would like to thank you, Chairman Hannon and Chairman Marcellino, and all other Members of the committees for the opportunity to testify at this hearing. Armonium, aspergillis, penicillium, stachybotrys, chartarum and trichoderma. These are the ominous sounding names of just a few varieties of the tens of thousands of mold types found in our environment. Mold has existed since time immemorial and is an integral part of the ecological fabric. Mold is ubiquitous. Mold spores are everywhere including the air that we breathe everyday. So why this sudden attention to something that has flourished on our planet since not long after its creation? Over the past few years, there has been an increased sensitivity to the possible health effects of mold and an explosion in some jurisdictions in moldrelated litigation. Stachybotrys, otherwise known as black mold, has become the mantra for many environmentalists, mold abatement/remediation contractors and litigants. Plaintiffs in such lawsuits are pursuing building owners, architects and contractors as well as their insurers for bodily injury and property damage claims on both a first-party and third party basis. The more common type of litigation involves a property owner pursuing a first-party claim against the building s insurer. While the overwhelming majority of molds are harmless, exposure to some types is reported to have potentially harmful health effects.
3 - 3 - The vigorous litigation and the warning signals issued by insurance carriers have fueled the recent interest in mold among the public and the media, even if it has been around us forever. II. CURRENT STATE OF MOLD COVERAGE IN INSURANCE POLICIES Coverage for property damage done by mold is generally excluded under a property policy unless it is a consequence of a covered loss such as a burst water pipe or wind-driven rain. For example, the 1991 Insurance Services Office, Inc. (ISO) homeowners policy excludes coverage where mold occurs naturally due to moisture and relative humidity. ISO is a rate service organization that generally serves as the property and casualty industry standard for policy terminology and practices. Mold damage typically is not covered under the policy because it is viewed as a home maintenance problem as opposed to a peril of a fortuitous nature. Only when there is some causal link between the mold and the covered peril would the policy provide coverage. Liability policies in New York, on the other hand, do not have any exclusions specifically related to mold; however, some may construe the pollution exclusion and a series of property damage exclusions found in the policy as a basis for denying coverage for mold-related claims.
4 - 4 - III. MAGNITUDE OF THE PROBLEM Is mold the next asbestos or lead paint? Given the lack of clinical research on this issue as well as the limited information available at the present time, I believe that no one has the ability or the expertise to appropriately answer this question. However, the very comparison of mold to these other matters that have proven to be significant and ongoing challenges for insurers has been cause enough for concern if not alarm. Some in the industry as well as a number of attorneys believe the number and size of toxic mold claims will equal or exceed those asbestos and lead claims with respect to potential litigation. They claim that mold related losses will increase exponentially and could be a threat to the solvency of the insurance industry for the following reasons: 1) the construction of residential and commercial buildings with sealed environments due to the energy crisis of the 1970 s; 2) the use of substandard building practices which may promote mold to grow more quickly; 3) the greater use of central HVAC systems that may increase the spreading and re-circulation of mold spores; 4) the sudden media attention to mold-related illnesses; and 5) the organic nature of mold that makes it more difficult to remediate and prevent.
5 - 5 - On the other hand, others believe that while mold is certainly a cause for legitimate concern by the insurance industry, there are several reasons why mold cases will not be litigated to the same extent as asbestos or lead paint cases. These reasons include: 1) Most mold-related claims are primarily filed as first-party claims under the insurance policy covering the property. Most of the asbestos and lead-related losses stemmed from third-party claimants; and 2) Mold claims are likely to have a much shorter trigger period than asbestos or lead paint claims and will not involve the aggregation of policy limits of decades of coverage. Nonetheless, as evidenced by the following examples, the potential exposure of the insurance industry to mold-related claims is real and must not be ignored. In the now famous Ballard case, a Texas jury awarded Melinda Ballard and her family $32 million in their case against Farmers Insurance Group for mold damage to her home. The jury found that Farmers improperly handled Ballard s water claim from which toxic mold developed, eventually taking over the family s home. Here, in New York, an employee of a New York community college filed a suit for $65 million alleging injury due to exposure to toxic mold. There was also a recent $1.7 million settlement in Kips Bay involving 160 lawsuits representing 500 tenants. The lawsuit claimed that the mold in the apartments caused various health problems
6 - 6 - ranging from respiratory disease and nosebleeds to death. The plaintiffs had sought $12 billion in damages. The recent outbreaks of mold contamination in properties at and around ground zero are just the latest manifestations of the complexity of this issue. IV. THE DEPARTMENT S RESPONSE TO MOLD EXCLUSIONS While toxic mold claims are more prevalent in southern states, most states are now facing or will soon face this issue. The Senate Health and Environmental Conservation committees are to be commended for taking this issue on before it is a crisis in New York. Many of these claims have resulted in judgments involving several million dollars. Given the type and extent of exposure and the scientific uncertainty surrounding mold claims, insurance carriers are requesting mold exclusions and limitations of coverage. To date, the Department has received more than 100 filings restricting mold coverage. In general, our review of these filings has revealed that they tend to be overly broad. Many of these filings have complicated the mold issue by also including language seeking to exclude bacteria, spores and other microbes, in an apparent response to last year s anthrax attacks. Some insurers are requesting exclusions that would apply to mold claims regardless of whether the mold occurs naturally or is caused by an otherwise covered peril. In this respect, I compare the mold exclusions filed with the Department with the terrorism exclusions that followed
7 - 7 - September 11 th. In disapproving the terrorism exclusions filed by 256 insurers as well as ISO, the Insurance Department cited the following reasons: the unrealistically low aggregate loss threshold relative to property values in New York that would be likely to be affected by the exclusion; the inability of property owners to readily determine whether the exclusion actually applied to their insurance coverage, given the imprecise nature of loss estimation; the form s overly broad description of terrorist acts, which would likely exclude losses that, in the public s perception as well as in an insurer s original policy intent, would otherwise be expected to be covered; and the potential adverse effect that the exclusion would have on economic recovery in New York City and on general economic development throughout the state. While overly-broad terrorism exclusions were not found to be the appropriate solution, we indicated our willingness to consider specific, targeted and well-defined terrorism exclusions that enable consumers and insurers to clearly understand the application of the exclusion and the substance of what is being omitted from coverage. More importantly, we challenged insurers to consider redefining the scope and extent of coverage that they would be willing to provide, rather than simply indicating what they would not wish to cover. Similarly, we may be willing to consider any type of mold exclusion that is drafted to be specific, targeted and well defined, or creating new coverage parameters, such as through the
8 - 8 - use of sublimits, for mold risks. But in light of the scarce information and limited clinical research on the issue, we have not yet reached a policy decision regarding the treatment of mold coverage and until such a decision is made, we will not approve any restrictions in coverage. However, we have asked all insurers that have submitted a mold exclusion for our review to provide us with the following additional information: 1) Did the company, to date, receive any property/liability claims relating to toxic mold? If claims were received, what positions were taken on those claims? 2) Whether the company has filed the endorsement in other states and what actions those states have taken to date; 3) In the states where the endorsements have been approved: a) did these states ask the company questions before approving; b) did they request any modification of the originally proposed language; and c) have these states required that the company offer a buy-back and/or required any rate credit? The responses we receive from the industry will influence the course of action we choose to pursue. In forming our position, we have and will continue to monitor the actions of other states particularly Texas and California where the mold problem appears to be most acute.
9 - 9 - V. ACTIONS TAKEN IN THE STATE OF TEXAS Two years ago, there were few mold-related claims filed in the State of Texas. Since then, there have been an unprecedented number of mold-related claims causing insurers to seek elimination of this coverage. In fact, mold-related claims for the three largest homeowner insurers jumped from $9.1 million for the first quarter of 2000 to $79.5 million in the first quarter of After a series of public hearings, the Texas Insurance Department in November 2001 issued an order that retained coverage for removal of mold related to the remediation of certain water damage otherwise covered under a homeowner s policy. It, however, eliminated coverage for high-priced procedures such as testing, treating, containing or disposing of mold beyond that necessary to repair or replace property that is physically damaged by water. Policyholders have the option to purchase additional coverage, up to the policy limits, for these procedures. In addition, on March 8, 2002 the Texas Insurance Department authorized State Farm to sell Texas consumers substantially the same homeowners policy form that the company markets in other states. The approved policy form provides limited mold coverage similar to that adopted in Texas in November Among the approved endorsements is one that gives consumers the option of buying full mold remediation coverage in amounts of $15,000, $25,000, $50,000, or full policy limits. It also offers limited mold coverage to cover damage from "sudden and accidental" discharges of water from plumbing, air conditioning systems and
10 appliances. Unlike the Texas standard policy (HO-B), the State Farm policy does not cover damage from slow leaks or damage to slab foundations resulting from plumbing leaks. The Texas Insurance Department expects the approval of State Farm s national policy to significantly lower homeowners insurance rates for Texans and alleviate the availability crisis that Texas has seen for the past several months. VI. ACTIONS TAKEN IN THE STATE OF CALIFORNIA California, which is second only to Texas in the number of mold-related claims in the United States, is apparently taking a different approach. The California Senate Insurance committee has approved a bill that would prohibit personal lines and commercial line insurers from seeking exclusions from mold coverage as an ensuing loss that is, a loss covering damage from mold following a covered peril. Should this bill become law it would effectively negate the mold coverage exclusions that insurers gained from the California Department of Insurance. Insurers argue that if they cannot exclude mold, then California s homeowner s rates would rise to be the highest in the nation. It should also be noted that in 2001 California enacted the Toxic Mold Protection Act directing the Department of Health Services to, among other things, explore the feasibility of establishing permissible exposure limits, mold assessment protocols, identification and remediation standards, and disclosure requirements as
11 to the presence of mold in residential, commercial, industrial and public buildings prior to the completion of a lease or a sale. VII. ACTIONS TAKEN BY THE NEW YORK LEGISLATURE In New York, legislation similar to California s Toxic Mold Protection Act has been introduced. The bill would create a task force, comprised of public and environmental health officials and various mold experts, to advise the Department of Health on the development of standards for mold exposure limits and to assess health risks and standards for remediation associated with the presence of mold within buildings and structures. This bill, which was introduced in 2001, is currently in the health committees of both houses. VIII. CONCLUSION Setting permissible mold exposure limits could effectively cap mold cleanup costs and reduce the number of potentially frivolous mold-related lawsuits based on alleged health problems. There are now, however, no definitive scientific studies on the health effects of exposure to mold. Some physicians argue that most people will experience only transient irritations such as a runny nose or teary eyes that will clear up once the mold is removed. Others assert that mold causes most chronic sinus infections and can even cause some types of brain damage. Still, most acknowledge that more research is needed. Currently there is no scientific evidence
12 that demonstrates a causal relationship between mold and some of the adverse health conditions being alleged by claimants. While there are some EPA and CDC guidelines, there is no federal or state regulations or standards that address mold prevention or remediation. Clearly, more research is needed. Since there are no regulations provided by the EPA or other state or federal agencies establishing acceptable levels of mold or the amount or kind of remediation that is necessary, some clean-up contractors are recommending that only major, expensive renovations should be performed even when the affected area would not appear to warrant such extensive remediation. This is a costly issue for insurers who are concerned with both over-the-top remediation activities as well as those efforts that prove to be inadequate and therefore subject to further remediation, all likely at the insurer s expense. The mold experience in Texas and California has shown states like New York that we must take appropriate steps to maintain the availability and affordability of property and liability insurance while at the same time properly protecting the solvency of insurers. Texas averted an insurance crisis by limiting mold-related damages. In light of the scientific uncertainty concerning mold-related health problems, the Department has not yet formulated a policy position. We will proceed in such a manner as to ensure that New Yorkers continue to have access to affordable and meaningful insurance coverage. It is the Department s expectation that the bill pending in the New York Legislature will provide us with guidance on
13 the acceptable mold exposure limits and standards for remediation. In the meantime, the Department will not approve any limitations or exclusions for moldrelated coverages until it receives information sufficient to warrant such exclusions or limitations. Thank you and I will be happy to take questions.
Pending Legislation Could Heighten Liability and Loss Associated With Mold
MOLD CLAIMS: A BASIC FRAMEWORK FOR FINDING COVERAGE UNDER COMMERCIAL PROPERTY AND GENERAL LIABILITY POLICIES, by Whitney E. Stein, Copyright 2001 Insurance Law Group, Inc. The presence of mold at toxic
More informationMaryland Insurance Administration Findings and Decision Relating to Mold Limitations for Property and Casualty Insurance
Maryland Insurance Administration Findings and Decision Relating to Mold Limitations for Property and Casualty Insurance Background During recent years, insurers have experienced unprecedented losses for
More informationStatement by Rick Gentry Texas Department of Insurance Hearing on Mold Related Claims Houston, Texas September 13, 2001
Sept. 26, 2001 Texas Insurance Commissioner Jose Montemayor has scheduled a hearing to consider TDI staff s proposal to amend the mold coverage in Texas residential policies for Oct. 16, 2001 at the LBJ
More informationThe Florida Senate. Interim Project Report 2004-158 December 2003 REVIEW OF MOLD REGULATION
The Florida Senate Interim Project Report 2004-158 December 2003 Committee on Regulated Industries James E. Jim King, Jr., President REVIEW OF MOLD REGULATION SUMMARY This report discusses the reasons
More informationTESTIMONY GORDON STEWART PRESIDENT INSURANCE INFORMATION INSTITUTE NEW YORK, NEW YORK BEFORE THE HOUSE FINANCIAL SERVICES
TESTIMONY BY GORDON STEWART PRESIDENT INSURANCE INFORMATION INSTITUTE NEW YORK, NEW YORK BEFORE THE HOUSE FINANCIAL SERVICES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS AND SUBCOMMITTEE ON HOUSING AND
More informationAfter The Mold Exclusion Water Damage - Covered Mold Damage??
After The Mold Exclusion Water Damage - Covered Mold Damage?? By: Everette Lee Herndon, Jr. This article deals only with first party property coverages, and does not deal with liability policies. A BRIEF
More informationHow To Defend A Mold Claim In Construction Law Briefs
Summer 2004 A Summary of Current Developments in Construction Law CONSTRUCTION LAW Briefs Special Edition - MOLD On The Inside Insurance Coverage 3 Legislation 4 First there was asbestos. Then there was
More informationPRODUCTS LIABILITY. Expert Analysis Potential Rise in Rood-Related Product Liability Claims Calls For Proactive Risk Management
Westlaw Journal PRODUCTS LIABILITY Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 24, ISSUE 4 / JUNE 2013 Expert Analysis Potential Rise in Rood-Related Product Liability
More informationLeadPaint-EPA regulations Effective 4/22/10. CONTRACTORS Renovating, Repair & Painting
LeadPaint-EPA regulations Effective 4/22/10 CONTRACTORS Renovating, Repair & Painting The EPA has introduced new Lead Paint regulations imposing numerous obligations on contractors that are performing
More informationINSURANCE & INDEMNIFICATION
INSURANCE & INDEMNIFICATION Insurance Defense For over 15 years, Pashman Stein has provided legal representation to insureds in all types of litigation, including negligence, personal injury, construction,
More informationHOW TO DETERMINE WHETHER YOUR COMMERCIAL GENERAL LIABILITY ( CGL ) INSURANCE CARRIER IS OBLIGATED TO COVER A CLAIM MADE AGAINST YOUR COMPANY
HOW TO DETERMINE WHETHER YOUR COMMERCIAL GENERAL LIABILITY ( CGL ) INSURANCE CARRIER IS OBLIGATED TO COVER A CLAIM MADE AGAINST YOUR COMPANY Every company has a person in charge of its insurance. If your
More informationChristine K. Noma Wendel, Rosen, Black & Dean LLP March 2014
Christine K. Noma Wendel, Rosen, Black & Dean LLP March 2014 You just discovered that the commercial or industrial property that you own is polluted. This discovery may have occurred during the negotiations
More informationDefending Toxic Mold Cases
Defending Toxic Mold Cases By Mike Gorby, Esq. November 2003 Mike Gorby has been practicing law for more than 30 years. He has tried more than 100 cases in a dozen different states around the country.
More informationMold Questions and Answers Questions and Answers on Stachybotrys chartarum and other molds
Questions and Answers on Stachybotrys chartarum and other molds Questions and Answers 1. I heard about "toxic molds" that grow in homes and other buildings. Should I be concerned about a serious health
More informationASSEMBLY BILL No. 597
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
More informationTexas Homeowners Insurance Policy Comparison. Report to the 82 nd Texas Legislature as required by Senate Bill 1 (81 st Legislature, 2009)
Texas Homeowners Insurance Policy Comparison Report to the 82 nd Texas Legislature as required by Senate Bill 1 (81 st Legislature, 2009) TEXAS HOMEOWNERS INSURANCE POLICY COMPARISON EXECUTIVE SUMMARY
More informationToxic Mold Losses; A Potential Billion Dollar Problem
Toxic Mold Losses; A Potential Billion Dollar Problem By: Dennis W. Fredrickson & Timothy J. Grant Compliments of Fredrickson, Mazeika & Grant, LLP SAN DIEGO OFFICE 550 West C Street, Suite 1410 San Diego,
More informationMOLD FAQs. 1. What is mold and where does it live? 2. How can mold affect my health?
MOLD FAQs 1. What is mold and where does it live? Molds are microscopic fungi that are part of the natural environment. They can grow almost anywhere (inside and out), but live especially in the soil outside.
More information12/14/2015 HOT TOPICS IN MULTI-USE BUILDINGS: INSURANCE, CONSTRUCTION AND DEVELOPMENT INTRODUCTION AND OVERVIEW
HOT TOPICS IN MULTI-USE BUILDINGS: INSURANCE, CONSTRUCTION AND DEVELOPMENT Philip K. Glick, CPCU, RPLU Two Liberty Place 50 S. 16 th Street, Suite 3600 Philadelphia, PA 19102 P: 267-702-1374 C: 610-551-4734
More informationHOT TOPICS IN MULTI-USE BUILDINGS: INSURANCE, CONSTRUCTION AND DEVELOPMENT
HOT TOPICS IN MULTI-USE BUILDINGS: INSURANCE, CONSTRUCTION AND DEVELOPMENT Philip K. Glick, CPCU, RPLU Two Liberty Place 50 S. 16 th Street, Suite 3600 Philadelphia, PA 19102 P: 267-702-1374 C: 610-551-4734
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE MEMORANDUM OPINION 2
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN RE: Specialty Products Holdings Corp., et al. Bankruptcy No. 10-11780 Debtor(s) 1 Chapter 11 (Jointly Administered) Related to Doc.
More informationAre Mold Claims Covered Under A Homeowner's Policy?
Are Mold Claims Covered Under A Homeowner's Policy? By: Everette Lee Herndon, Jr. The wording of an insurance policy varies from insurance company to insurance company and from state to state. The question
More informationChapter XI INSURANCE. While many insurance policies do not cover environmental remediation and damages, insurance. A. General Liability Insurance
Chapter XI INSURANCE There are several different types of insurance that may apply to environmental problems. While many insurance policies do not cover environmental remediation and damages, insurance
More informationPROTECTION FROM PERSONAL LIABILITY FOR CONSTRUCTION DEFECT CLAIMS
PROTECTION FROM PERSONAL LIABILITY FOR CONSTRUCTION DEFECT CLAIMS By Robert O. Smylie, Esq. Peter K. Pritchard, Esq. Lawsuits alleging faulty construction of residential products have long plagued developers
More informationPASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS. House Bill 4 significantly impacted most areas of Texas Tort Law. In the
PASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS House Bill 4 significantly impacted most areas of Texas Tort Law. In the traditional products liability arena, tort reform affected three major changes:
More informationManaging Liabilities from Cyber Threats Using the SAFETY Act
Managing Liabilities from Cyber Threats Using the SAFETY Act Brian Zimmet Dismas Locaria Jason Wool August 5, 2014 2013 Venable LLP 1 Agenda 1. Introduction 2. The SAFETY Act An Overview 3. Applicability
More informationTOXIC MOULD LEGAL OVERVIEW
TOXIC MOULD LEGAL OVERVIEW INTRODUCTION One of the current hot topics in the construction industry is the issue of toxic mould. Concerns over mould in building environments is not new, but recent events,
More informationInsurance Coverage Issues for Products Manufactured by Foreign Companies
Insurance Coverage Issues for Products Manufactured by Foreign Companies James S. Carter August 2010 TABLE OF CONTENTS Page I. INTRODUCTION...1 II. COVERAGE PROVISIONS...1 A. Duty to Defend...1 B. Duty
More informationSCHEDULE 17. Insurance Requirements. Part 1 Insurance Requirements applicable to the Phase 2 Work
SCHEDULE 17 Insurance Requirements Part 1 Insurance Requirements applicable to the Phase 2 Work Capitalized terms used in this Schedule which are not otherwise defined shall have the meanings given to
More informationPreparing for. a Pandemic. Avian Flu:
Avian Flu: Preparing for a Pandemic With increasing urgency over the past year, a variety of governments, nongovernmental organizations, industry groups, and media outlets have trumpeted the potential
More informationLong-Tail Risks
Long-Tail Risks Prepared by the Commission on Financial Services and Insurance Introduction World business, as represented by the ICC, is expressing its growing concern over the increasing difficulties
More informationCALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
More informationConstruction Defect Action Reform Act
COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction
More informationAppendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death
Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize
More informationMold and the Law. By Gerry D. Abel Lozano
Mold and the Law By Gerry D. Abel Lozano If you have not heard about toxic mold, black mold, or stachybotrys, then you have not watched TV, seen newspapers, or read magazines in the last two years. Frequent
More informationInsurance Coverage for Drywall Claims
Insurance Coverage for Drywall Claims Chinese Drywall Claims As those in the construction industry are now well aware, the use of drywall imported from China between 2004 and 2007 has led to litigation
More informationASSEMBLY BILL No. 597
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
More informationStachybotrys chartarum a mold that may be found in water-damaged homes
Stachybotrys chartarum a mold that may be found in water-damaged homes November 2000 Environmental Health Investigations Branch California Department of Health Services Stachybotrys chartarum ecology Stachybotrys
More informationINSURANCE AND POLLUTION PREVENTION
INSURANCE AND POLLUTION PREVENTION Publication #99-439 Environmental Insurance What is environmental insurance and what does it insure against? Environmental insurance insures against potential damages
More informationEXHIBIT D. Insurance Requirements
EXHIBIT D Insurance Requirements A. Prior to commencement of the Work, Sub-Subcontractor will at its sole cost secure/procure, pay for and maintain in full force and effect, at all times during the performance
More informationCHAPTER 246 HOUSE BILL 2603 AN ACT
House Engrossed State of Arizona House of Representatives Fifty-second Legislature First Regular Session CHAPTER HOUSE BILL 0 AN ACT AMENDING TITLE, CHAPTER, ARIZONA REVISED STATUTES, BY ADDING ARTICLE
More informationWCD LITIGATION SUPPORT AND CLAIMS EXPERIENCE
WCD LITIGATION SUPPORT AND CLAIMS EXPERIENCE WCD Group, LLC, its Principals and key consultants have been providing consulting, engineering, strategic and technical litigation support, claims consulting,
More informationFOR PROPERTY LOSS AND DAMAGE 1
13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction
More informationMs. Jennifer L. Biggs
Testimony of Ms. Jennifer L. Biggs June 4, 2003 Committee on the Judiciary United States Senate Solving the Asbestos Litigation Crisis: S.1125, the Fairness in Asbestos Injury Resolution Act of 2003 June
More informationALERT. How Will Insurance Respond to Ebola-Related Events? WILLIS CLIENT ADVISORY. Workers Compensation INDEX
WILLIS CLIENT ADVISORY ALERT October 2014 www.willis.com How Will Insurance Respond to Ebola-Related Events? In the wake of the Ebola outbreak, many organizations have raised questions about how insurance
More informationThe Nuts & Bolts of Insurance for Nonprofits
The Nuts & Bolts of Insurance for Nonprofits www.steelbridgeins.com 888.647.4777 It s more than what you need. It s what you deserve. Purchasing insurance for a nonprofit organization can be a confusing
More informationAPPENDIX 4. Liability Insurance Summary Fact Sheet
APPENDIX 4 Liability Insurance Summary Fact Sheet This page is intentionally blank. FACT SHEET Liability Insurance Summary There are three types of liability insurance that individuals and firms involved
More informationIntroduction to Directors and Offi cers Liability Insurance
CHAPTER 1 Martin J. O Leary Introduction to Directors and Offi cers Liability Insurance The following is a brief, general overview of coverage afforded under the Directors and Officers Liability Insurance
More informationCALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE
CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTRACTOR LIABILITY INSURANCE The following are excerpts from Caltrans 2010Standard Specifications. Specifications are subject to change so refer to the project
More informationNC General Statutes - Chapter 99B 1
Chapter 99B. Products Liability. 99B-1. Definitions. When used in this Chapter, unless the context otherwise requires: (1) "Claimant" means a person or other entity asserting a claim and, if said claim
More informationInsurance Coverage In Consumer Class Actions
This article first appeared in the October 2010 issue of The Corporate Counselor. Insurance Coverage In Consumer Class Actions John W. McGuinness and Justin F. Lavella The business world is an increasingly
More informationOptions for Providing Low-cost Insurance for Third-Party Claims Related to Brownfield Sites
Options for Providing Low-cost Insurance for Third-Party Claims Related to Brownfield Sites Presented By: The Virginia Department of Environmental Quality November 1, 2002 With the passage of HB 463 (The
More informationTRINITY V. COWAN: MENTAL ANGUISH IS NOT BODILY INJURY AND AN INTENTIONAL TORT IS NOT AN ACCIDENT
TRINITY V. COWAN: MENTAL ANGUISH IS NOT BODILY INJURY AND AN INTENTIONAL TORT IS NOT AN ACCIDENT By David Plaut Hanna & Plaut, L.L.P. Attorneys at Law 106 E. 6th Street, Suite 600 Austin, Texas 78701 Phone
More informationBackground Paper 79-5 PRODUCT LIABILITY
Background Paper 79-5 PRODUCT LIABILITY PRODUCT LIABILITY Product liability refers to the legal responsibility by the manufacturer or marketer of a product for any bodily injury or property damage caused
More informationIII -- POLICY AND CERTIFICATE PROVISIONS
Chapter III -- POLICY AND CERTIFICATE PROVISIONS Subchapter B. -- Property and Casualty Insurance Part 71. -- Legal Defense Costs in Liability Policies (Regulation 107) Updated with all regulations adopted
More informationMaryland Insurance Administration s 2005 Report on the Availability and Affordability of Health Care Medical Professional Liability Insurance in
Maryland Insurance Administration s 2005 Report on the Availability and Affordability of Health Care Medical Professional Liability Insurance in Maryland November, 2005 Maryland Insurance Administration's
More informationCOMMENTARY. California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos?
May 2013 JONES DAY COMMENTARY California s New Subcontractor Defense Regime for Non-Residential Projects: Creating Order or Chaos? As explained in a recent Commentary (available at http://www.jonesday.com/navigating_treacherous_
More informationMinimizing Losses from an Influenza Pandemic: Insurance Coverage Considerations
Minimizing Losses from an Influenza Pandemic: Insurance Coverage Considerations May 2009 Recent reports that numerous human cases of Influenza A H1N1 infection (a/k/a swine flu ) have been confirmed in
More informationZurich Corporate Directors & Officers Liability Insurance: Zurich D&O Select. Raising the bar
Zurich Corporate Directors & Officers Liability Insurance: Zurich D&O Select Raising the bar Zurich s Corporate Directors & Officers Liability insurance Zurich D&O Select is here to help. A changing national
More informationSUPPLEMENTAL NOTE ON SENATE BILL NO. 592
SESSION OF 2006 SUPPLEMENTAL NOTE ON SENATE BILL NO. 592 As Amended by Senate Committee on Financial Institutions and Insurance Brief* SB 592 would enact new law, the Asbestos Compensation Fairness Act.
More informationIntegrated Project Delivery: Developments in Design Liability Insurance and Risk Management Presented by: Gene Todaro and Frank Musica Victor O. Schinnerer & Company, Inc. FEBRUARY 8, 2011 PRESENTER BIBLIOGRAPHIES
More informationHP1337, LD 1903, item 1, 123rd Maine State Legislature An Act To Implement the Recommendations of the Working Group Studying Mold in Buildings
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. An Act To Implement the Recommendations
More informationRegulations & Guidelines
Regulations & Guidelines Short History of Mold Standards Leviticus 13: 47-50, 14: 39-47 Initial assessment by priest; follow-up visit in 7 days If mold spreads to walls, tear out contaminated stones and
More informationThe Impact of First-Party Bad Faith Legislation on Homeowners Insurance Claim Trends in Washington State
April 2, 2009 The Impact of First-Party Bad Faith Legislation on Homeowners Insurance Claim Trends in Washington State INTERIM FINDINGS In 2007, the Washington State Legislature enacted the Insurance Fair
More informationInsurance Coverage. Kirkpatrick & Lockhart LLP
Insurance Coverage JUNE 2002 Insurance Coverage for Mold-Related Claims: A Critical Analysis of Potential Insurer Defenses Under Third-Party and First-Party Policies by A. Thomas Morris (tmorris@kl.com)
More informationCLAIM FORM AND BODILY INJURY/WRONGFUL DEATH CLAIM QUESTIONNAIRE
CLAIM FORM AND BODILY INJURY/WRONGFUL DEATH CLAIM QUESTIONNAIRE Claimant s Name: Address: City/State: Attorney s Name: Firm: Address: Phone: City/State Phone: * Should you require additional space in responding
More informationAMERICAN INDUSTRIAL HYGIENE ASSOCIATION GOVERNMENT AFFAIRS DEPARTMENT STATE UPDATE. New Legislation. Text Not Yet Available for the Following Bills:
February 2, 2015 AMERICAN INDUSTRIAL HYGIENE ASSOCIATION GOVERNMENT AFFAIRS DEPARTMENT STATE UPDATE NEW YORK Here is the latest legislative/regulatory report for your State. AIHA government affairs will
More informationFebruary 1, 2006. Honorable Arlen Specter Chairman Committee on the Judiciary United States Senate Washington, DC 20510. Dear Mr.
CONGRESSIONAL BUDGET OFFICE U.S. Congress Washington, DC 20515 February 1, 2006 Honorable Arlen Specter Chairman Committee on the Judiciary United States Senate Washington, DC 20510 Dear Mr. Chairman:
More informationThe Effect of Product Safety Regulatory Compliance
PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere
More informationThe Doctor is In: Insurance for the H1N1 Pandemic
Summer 2009 The Doctor is In: Insurance for the H1N1 Pandemic By Lisa M. Cirando, Esq. (Of Counsel, New York) INTRODUCTION On Thursday, June 11, 2009, the World Health Organization ( WHO ) declared the
More informationOther Lines of Insurance Coverage Property Pollution Liability Professional Liability / Errors and Omissions Crime Contract Bonds
Insurance & Enterprise Risk Management MINIMUM INSURANCE REQUIREMENTS FOR CONTRACTS (Not for use with real estate leases or research sub-awards) I. Scope II. III. IV. Insurance Coverage Commercial General
More informationReport on the Need for New York to Refinance the Superfund
Page 1 of 5 Reports Policy Guide Reports Speeches Legislative Initiatives Report on the Need for New York to Refinance the Superfund June 11, 2003 Toxic Waste Many people around the country live in areas
More informationVERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES, AND HEALTH CARE ADMINISTRATION
VERMONT DEPARTMENT OF BANKING, INSURANCE, SECURITIES, AND HEALTH CARE ADMINISTRATION TECHNIQUES TO STABILIZE VERMONT WORKERS COMPENSATION PREMIUM COSTS AND MINIMIZE THE IMPACT OF LARGE CLAIMS Prepared
More informationHP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
More informationWhy OneBeacon Environmental?
Products Profile Why OneBeacon Environmental? Singular focus. Environmental risk is not just what we do, it is the only thing we do. Our team includes specialists with deep, focused experience in the environmental
More informationSterling Education Seminar. Business Liability Insurance. Alexandrea L. Isaac Hartford, CT Sept. 20, 2011
Sterling Education Seminar Business Liability Insurance Alexandrea L. Isaac Hartford, CT Sept. 20, 2011 Various Types: Commercial Property Owner s Liability Policy Products Liability Policy Commercial
More informationTHE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
More informationMINNESOTA STATE COLLEGES AND UNIVERSITIES General Insurance Requirements for Contractors & Vendors
Certificate of Liability Insurance, Form ACORD25: Following are the insurance requirements of the State of Minnesota acting through its Board of Trustees of the Minnesota State Colleges and Universities,
More informationTENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies
TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP Please note that this article is only intended to provide some general educational information regarding
More informationA&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions
A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged
More informationNo-Fault Automobile Insurance
No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject
More informationSINKHOLES & AOB ABUSE ONE SUCCESS; ONE TO GO
SINKHOLES & AOB ABUSE ONE SUCCESS; ONE TO GO Pr esented by Angel D. Conlin Vice Pr esident, General Counsel & Secr etary American Strate gic Insurance Group SINKHOLES Thank you to the diverse team of legislators,
More informationNews from The Chubb Corporation
News from The Chubb Corporation The Chubb Corporation 15 Mountain View Road P.O. Box 1615 Warren, New Jersey 07061-1615 Telephone: 908-903-2000 FOR IMMEDIATE RELEASE Chubb Reports Second Quarter Net Income
More informationNews from The Chubb Corporation
News from The Chubb Corporation The Chubb Corporation 15 Mountain View Road P.O. Box 1615 Warren, New Jersey 07061-1615 Telephone: 908-903-2000 Chubb Reports Fourth Quarter Net Income per Share of $2.35;
More informationR R. Restoration & Remediation. 18 Changing Times in the Water Damage Industry. 26 Media Blasting Three Examples of the Application
w w w. R a n d R m a g o n l i n e. c o m R R Restoration & Remediation 35 High School Water Damage Puts Crews to the Test January/February 2011 18 Changing Times in the Water Damage Industry 26 Media
More informationMold. Guidelines for New Jersey Residents. Understanding Mold Investigations & Remediation
Mold Guidelines for New Jersey Residents Understanding Mold Investigations & Remediation What Services Should I Ask For? What Are Important Inspection Procedures? Is Mold Sampling Helpful? What Information
More informationMold & Mildew: A Creeping Catastrophe
Mold & Mildew: A Creeping Catastrophe By Everette L. Herndon, Jr. and Chin S. Yang, Ph.D. In February 2000, a Texas grand jury found reason to continue a criminal investigation of child endangerment charges
More informationLoss Assessment Coverage By David Thompson, CPCU
Loss Assessment Coverage By David Thompson, CPCU Several reliable sources have reported that one in six Americans lives in a homeowners association (HOA), whether it be a condominium, town home, or single-family
More informationOCT 2003 Wide-Ranging Reforms Texas in Texas Tort Law Class Actions. Section 10.11, H.B. 4
Senate Research Center 201 E. 14th St. Sam Houston Bldg. Suite 575 Austin, TX 78701 Tel.: 512.463.0087 Fax: 512.463.1271 Dial 711 for Relay Calls OCT 2003 in The Legislature of the State of Texas finds
More informationBACKGROUND. August 28, 2013. Hon. Kamala D. Harris Attorney General 1300 I Street, 17 th Floor Sacramento, California 95814. Initiative Coordinator
August 28, 2013 Hon. Kamala D. Harris Attorney General 1300 I Street, 17 th Floor Sacramento, California 95814 Attention: Ms. Ashley Johansson Initiative Coordinator Dear Attorney General Harris: Pursuant
More information6 Commercial General Liability Insurance
6 Commercial General Liability Insurance I. Overview 6.1 Mark D. Willmarth Deborah A. Hebert II. What Is a CGL Policy? A. Scope of a CGL Policy 6.2 B. Parts of a CGL Policy 6.3 III. The CGL Insuring Agreements
More informationCALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES. By Christopher W. Olmsted
CALIFORNIA SUPREME COURT LIMITS POLLUTION EXCLUSION IN CGL POLICIES By Christopher W. Olmsted Every standard comprehensive general liability policy ( CGL ) contains a pollution exclusion clause that excludes
More informationSenator Roger F. Wicker Testimony on the Reauthorization of the National Flood Insurance Program Senate Banking Committee June 9, 2011
Senator Roger F. Wicker Testimony on the Reauthorization of the National Flood Insurance Program Senate Banking Committee June 9, 2011 Thank you, Chairman Johnson and Ranking Member Shelby, for holding
More informationTERRORISM RISK INSURANCE PROGRAMME
UNITED STATES TERRORISM RISK INSURANCE PROGRAMME This programme was renewed in January 2015 and this document will be updated shortly. In the meantime, please refer to: https://www.congress.gov/bill/114th-congress/house-bill/26
More informationAppendix 9: Lead-Based Paint Liability Insurance
Appendix 9: Lead-Based Paint Liability Insurance I. PURPOSE OF APPENDIX This appendix provides guidance to property owners on the purchase of liability insurance against claims as a result of: 1. A negligent
More informationOntario Higher Education Risk Management Symposium. CURIE Pollution Coverage Property & Liability. May 23-24, 2013 University of Guelph
Ontario Higher Education Risk Management Symposium CURIE Pollution Coverage Property & Liability May 23-24, 2013 University of Guelph Property (First Party) Pollution Coverage The property policy contains
More informationSenate Standing Committees on Insurance, Health and Codes
Testimony to Senate Standing Committees on Insurance, Health and Codes Medical Malpractice Reform Presented by Kenneth Adams President and CEO December 1, 2009 I am Kenneth Adams, President and CEO of
More informationTITLE 39 HEALTH AND SAFETY CHAPTER 71
TITLE 39 HEALTH AND SAFETY CHAPTER 71 39-7101 SHORT TITLE. 39-7102 LEGISLATIVE FINDINGS AND PURPOSES. 39-7103 DEFINITIONS. 39-7104 MILITARY DIVISION --POWERS AND DUTIES. 39-7105 LOCAL EMERGENCY RESPONSE
More informationINSURANCE CODE TITLE 10. PROPERTY AND CASUALTY INSURANCE SUBTITLE C. AUTOMOBILE INSURANCE CHAPTER 1952
INSURANCE CODE TITLE 10. PROPERTY AND CASUALTY INSURANCE SUBTITLE C. AUTOMOBILE INSURANCE CHAPTER 1952. POLICY PROVISIONS AND FORMS FOR AUTOMOBILE INSURANCE (SELECTED SECTIONS) SUBCHAPTER C. UNINSURED
More informationG U E S T E S S A Y S
Comparing and Maximizing Performance Bond and Commercial General Liability Protections Frank L. Pohl, Esq. and James C. Washburn, Esq. Often when acting as the prime on a construction project, the design
More information