Insurance Matters By Jason Shroot: 201305

Sunday, May 19, 2013

Blog: Keep Your Facebook Friends Happy: Edit Your Photos Before Posting Them.Timely advice for the age of Smart Cameras, Smart Phones, and Smart Users

Article: 27 Must-Have HDSLR Video Accessories.Lights, DSLR Camera, Action! Updated for Holidays 2012

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Lights, DSLR Camera, Action! Updated for Holidays 2012

By Bill Schiffner

November 14, 2012

As the Hollywood community continues to embrace the razor-sharp HD video capabilities of the newest generation of Digital SLRs, many pros and weekend warriors are seeing the benefits of shooting videos with them as well.

Shooting HD video with your DSLR, however, is not as seamless as it looks. It is a much different animal than shooting stills, and there are a number of technical issues to consider before moving into this new medium.

If you are going to shoot like a pro cinematographer, you will need to think like one, so learning to ride manual focus on your DLSR will be the key ingredient to a well-produced video. Audio quality is going to be issue, especially if you are shooting outdoors. You are going to need a separate audio recording device as well as microphones and headphones to record and check the sound levels that you are shooting. Camera stability is another big issue. Since video can show even the slightest camera movement, keeping your DSLR rock-steady is going to be another key element to making your video productions really pop.

Here are a number of video accessories available from Adorama's Video department that are designed to help you take your DSLR videos to Oscar level (information current as of November 13, 2012):

Carrying Your Gear

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Article: Canon T4i Hands-On Overview.Hands-On Overview—AdoramaTV

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Hands-On Overview

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Article: The Secret to Conducting a Natural, Informative, Professional Video Interview.DSLR | Video Skills with Rich Harrington—Adorama Photography TV

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Article: Shoot Baseball Photos Like a Sports Illustrated Professional Photographer.Visual Impressions with Joe DiMaggio: Adorama Photography TV

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Article: Canon EF 24-70mm f/2.8L II USM Zoom Lens: Hands-On Overview.Hands-On Overview—Adorama TV

Canon EF 24-70mm f/2.8L II USM Zoom Lens: Hands-On Overview from Adorama Learning CenterRentSellVisit Print My Account Wish ListOrder Status HelpMy Cart(0)

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Article: Sidewalk serendipity: The Challenge and Joy of Street Photography.What's so great about street photography? Plenty!

Sidewalk serendipity: The Challenge and Joy of Street Photography from Adorama Learning CenterRentSellVisit Print My Account Wish ListOrder Status HelpMy Cart(0)

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News: Canon Announces New Camcorders.PMA@CES News

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News: 10 New Full HD Camcorders From Sony.CES 2013 News

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CES 2013 News

By Fred Singer January 9, 2013

Sony today took the wraps off ten new HD camcorders ranging in price from under $300 to around $1,600 but all sharing what Sony calls "best in class" technology.

Sony has overhauled its suite of Handycam camcorders, all capable of recording full HD videos, and many with built-in Wi-Fi or built-in projectors. Sony announced a collaboration with WeVideo, offering three free months of cloud video storage on WeVideo, with 10GB of storage and access to400 royalty-free audio tracks.

All of Sony's new Handycam models, which will soon be available from Adorama, have the following features and technologies:

Full HD Video – 1920 x 1080 high-definition video recording at up to 24Mbps, the highest bit-rate offered by the AVCHD™ formatExmor CMOS sensor – back-illuminated sensor for stunning low light performanceDual Record – allows for simultaneous capture of video and still imagesLarge LCD – display for easy viewing and touch operationiAUTO – automatic selection of optimal camcorder settings in different environmentsTracking Focus – extension of Face Detection® to choose an object by touching LCD and have the focus follow selected objectOptical SteadyShot image stabilization with Active Mode – compensates for greater degrees of camera shake to deliver smooth videoWide angle lens – offers a broader perspective to capture everything in the shotCloser Voice – Utilizing Face Detection, its advanced audio processing to suppress unwanted noise and capture human voices with maximum clarityAuto Wind Noise Reduction – iAUTO intelligently detects wind noise based on wind strength while employing an advanced algorithm to broaden the range of noise reducedExtended Zoom – improved BIONZ processorfor up to 20 per cent more powerful digital zooming capability compared to previous modelsBuilt-in USB cable – convenient USB cable built into camcorder strap for easy content transfer and quick chargeGPS with Enhanced NAVTEQ Maps – Built-in GPS for geotagging with embedded NAVTEQ Maps for detailed maps that will display street-level shooting locations

Here's a quick rundown of Sony's new camcorders:

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Article: Winter photography tips: Protect your gear in extreme cold.How to keep all of your camera gear running smoothly when the weather outside is frightful

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Don’t You Hate It When Your Crazy Religious Views Come Back To Bite You During SBA Elections?

More subscription options … 28 Mar 2013 at 10:20 AMAsia Chronicles, Sponsored ContentThe Asia Chronicles – ASSOCIATE AND IN-HOUSE OPENINGS IN HONG KONG / CHINA, JAPAN AND SINGAPOREByKinney Recruiting

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Caption Contest Winner: Futures Made, Bank Accounts Crippled

On Wednesday, you voted on the finalists, and now it’s time to announce the winner of our caption contest….

As is customary with our caption contests, we will now reveal the backstory behind the picture. As many of you had already guessed, this photo was taken in Philadelphia’s main commuter terminal, where it could be seen by hundreds, if not thousands, of people during the morning and evening rush hour.

Here’s some further commentary on Temple Law’s ad by none other than Professor Paul Campos:

The most recent nine-month employment statistics for Temple law grads indicate that 54% of the class got a real legal job, very generously defined (full-time long-term employment requiring bar admission; of that 54% figure, nearly a quarter are working for firms of 2 to 10 lawyers

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Sweet Brown Has Her Voice Autotuned, Sues ‘iTunes’ And Others For $15 Million

Sweet Brown Has Her Voice Autotuned, Sues ‘iTunes’ And Others For $15 Million « Above the Law: A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law Schools, Law Suits, Judges and Courts

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Geotropic Law Student Sues Law School Over Broken Chair

A law student sat in a chair, reclined, and fell on her ass.

Now she’s suing the school for her injury.

Read that again; I’m not making it up. Sit, fall, butthurt, sue.

I’m sure anti-tort-reform forces are busy putting together the HBO documentary, “Reclining Dreams: The True Story Of How One Chair SIGNIFICANTLY INCONVENIENCED A Student.” But I can only hope that the litigious law student has the time to sue her school because she hasn’t yet found a real job….

The school with their chairs in the crosshairs in the University of New Mexico Law School. UNM was last seen getting its ass kicked by the HARVARD CRIMSON. Woohoo! But nobody’s school deserves this. From KOB4:

The lawsuit was filed last week in Santa Fe. Jennifer McCabe claims that the “Think Chair” she was assigned to collapsed when she leaned back in it while in class.

Those standard office chairs are called “Think Chairs”? What are their other chairs called? “Moron chairs”? “I need to sit down while I chew this gum chairs”? “I’m too stupid to recline properly iron maidens”?

I just can’t believe that we have a tort system where people can sue schools because their chairs break. Like, I can see suing the chair maker, but the school? Let me put it this way: I’m a big guy, I’ve had a chair or two “collapse” in my day. But at no point do I get up and think, “The school should pay for not providing chairs with the structural integrity of Caterpillar products.” Sitting in chairs that break is God’s way of saying, “Lose some weight you unmitigated fat ass.”

Actually, I wouldn’t be surprised if McCabe isn’t “fat,” and this lawsuit is an elaborate way to prove that point. I can imagine it unfolding: pretty girl sits down, leans back, totally busts her ass, everybody is laughing, her fair skin turns bright red, and later she experiences “back pain.” The next thing you know, she’s pulling out her old torts hornbook.

But is she really thinking about how this suit might affect her fellow students?

UNM Junior Kristin Padilla is concerned how it might hurt the university and its students if the suit is successful.

“It would be a tragedy for the school if tuition went up because of a cases like this,

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Historical Hypocrisy: Donkey Kong, King Kong, & The Public Domain

Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.

Universal Studios seems to have some trouble establishing concrete ideas and positions when it comes to copyright on its own products. In recent iterations, this has manifested itself in the form of their protesting a parody of 50 Shades of Grey while conveniently ignoring that work’s birth in the form of Twighlight fan-fiction. Alternatively, there are times when Universal doesn’t even seem to know what it holds the rights to and what it doesn’t. Well, it turns out that these stumbles aren’t exactly a new experience for Universal.

Chris O’Donnell writes in with the historical and hysterical case of Universal suing Nintendo over Donkey Kong shortly after Universal itself had argued that the property the dispute was based on, King Kong, was in the public domain. See, back when Michael Jackson was still best known for his music, Nintendo came up with their iconic Donkey Kong character, admittedly in some part inspired by the famous King Kong character. This inspiration, it turns out, came after the fact, but that didn’t stop Universal Studios from filing suit against Nintendo, because they had released a remake of King Kong a few years earlier. While some within Nintendo wanted to simply settle with Universal and move forward, others within sought out the words of a key ally to fight against them, and that ally was Universal Studios.

Universal’s King Kong movie debuted in 1976, but it wasn’t an original story. Rather, the movie was a remake of a movie with the same title made in 1933 by RKO General. The 1976 remake came with its own round of litigation, with many parties claiming to have at least partial rights over the name, characters, and plot of the movie. Universal, however, argued that no one did, and that the characters and plot were in the public domain. In the subsequent litigation with Nintendo, the court noted this inconsistency, using it as part of the basis for finding that Nintendo’s Donkey Kong game did not infringe upon Universal’s rights (if any) over King Kong. Nintendo prevailed, and, when Universal appealed, the next court admonished Universal for its inconsistent legal logic.

Ah, sweet, sweet hypocrisy. With one hand, hitting Nintendo over the head with the IP hammer, while holding a shield against another IP hammer with the other. The court was not pleased, noting that Universal’s president, Sidney Sheinberg, was clearly well versed in the intellectual property status of King Kong via the earlier lawsuit, and to then pretend the company held rights in it was clearly a move to abuse the law:

Finally, Universal’s conduct amounted to an abuse of judicial processes, and in that sense caused a larger harm to the public as a whole. Depending on the commercial results, Universal alternatively argued to the courts, first, that King Kong was part of the public domain, and then second, that King Kong was not part of the public domain, and that Universal possessed exclusive trademark rights in it. Universal’s assertions in court were based not on any good faith belief in their truth, but on the mistaken belief that it could use the courts to turn a profit.

As noted, Nintendo was victorious and Donkey Kong was released, since becoming its own franchise and propelling Nintendo so such status that it can initiate its own legal action based on its intellectual property.

Such a wonderful web intellectual property tends to weave.

Historical Hypocrisy: Donkey Kong, King Kong, & The Public Domain

Caption Contest: For Want of a Biglaw Banana

What would you do if your Biglaw firm wasn’t providing you with the kind of nutritious breakfast foods that you oh so desperately need in order to sit in front of a computer all day and troll the comments on Above the Law draft documents? You’d probably whine and moan about your first-world problems to all of your similarly situated friends before even deigning to consider that you could bring your own damn bananas to work.

That’s exactly what everyone’s bitching about at one Biglaw firm, which to be quite frank, is bananas (B-A-N-A-N-A-S!)….

Some Kirkland associates might have beaten Cravath on bonuses, but bananas are another story entirely:

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Non-Sequiturs: 02.22.13

In the E.D.N.Y., Pitbull prevailed over lovable, legal loser Lindsay Lohan. Lohan’s knack for the epic legal fail carried over to her attorney, Stephanie Ovadia, who was fined $750 for plagiarism by Judge Denis Hurley.

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ACE USA Promotes Humphrey, Connelly in Houston

March 27, 2013Email ThisPrintNewslettersTweetArticleComments

ACE USA, the U.S.-based retail operating division of the ACE Group, announced new executive appointments in its global client executives practice and regional operations in Houston.

Pam Humphrey will assume the position of senior vice president and global client executive for ACE USA. Joe Connelly has been appointed as senior vice president, regional executive officer, of ACE USA’s Houston region.

Both Humphrey and Connelly are based in Houston.

In her new role, Humphrey will work collaboratively with select clients and distribution partners to provide access to a broad range of global risk management solutions.

Humphrey most recently served as senior vice president and regional executive officer of ACE USA’s Houston region. She previously spent 20 years with several other national insurance carriers, serving in various regional casualty underwriting positions, before joining ACE USA in 1999 as branch manager of ACE USA’s Houston region. She holds the Chartered Property Casualty Underwriter (CPCU) professional designation.

Connelly will oversee the regional production plans, distribution, product sales, marketing, and producer management.

He most recently held the position of vice president and national segment leader in the Houston region. Connelly previously held client management and operations positions within the downstream energy industry.

Source: ACE USA

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House Committee to Consider Oklahoma Workers’ Comp Bill

March 27, 2013Email ThisPrintNewslettersTweetArticleComments

A Republican proposal to shift Oklahoma’s workers’ compensation system from a court system to an administrative system is scheduled to be heard in a House committee.

Senate Bill 1062 sponsored by Republican House Speaker T.W. Shannon and GOP Senate President Pro Gem Brian Bingman is to be heard by the House Judiciary Committee.

Republicans say the court system has pushed Oklahoma’s workers’ compensation costs higher than almost every other state. Shannon and Bingman have said it’s one of their highest legislative priorities.

The bill has already passed the Senate.

Former commerce secretary and workers’ compensation attorney Bob Burke has said the state hasn’t given past reform efforts enough time to take effect, the Associated Press reported.

The measure would change the state’s workers’ comp system from a court-driven system to an administrative one. The most controversial part of the bill, however, is that it would establish an alternative option for procuring workers’ compensation insurance coverage.

A statewide association of independent agents has endorsed the bill. While recognizing the bill was not perfect, the Executive Committee of the Independent Insurance Agents of Oklahoma (IIAO) unanimously voted in support of SB1062 at its Feb. 19 meeting.

IIAO has nearly 500 agency members, some of which are opposed to the alternative option portion of the bill. Most members, however, have been supportive of IIAO’s stance on the bill, IIAO President and CEO Dan Ramsey told Insurance Journal.

Associate Press reports contributed to this story.

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N.Y. Nassau Coliseum Workers to File Suits Over Asbestos Exposure

March 27, 2013Email ThisPrintNewslettersTweetArticle1 Comments

More than 100 workers are alleging that long-term exposure to asbestos at Nassau Coliseum has made them seriously ill.

The plaintiffs represent current and former employees of the county-owned arena. They include electricians and carpenters who worked as independent contractors.

Attorney Joseph Dell tells Newsday that 140 people have filed notices of claim, the first step toward filing a lawsuit. He says they’ll name the county, the New York Islands and facility manager SMG.

The lawsuits will claim they failed to protect them from asbestos exposure throughout the arena.

The lawsuits will likely be consolidated into a class action. They’ll seek between $500 million to $1 billion.

The county’s lawyer said “there is no substance behind these claims.”

SMG declined to comment. The islander’s didn’t return calls for comment.

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: East NewsTopics: asbestos lawsuit, asbestos liability, asbestos losses, Nassau ColiseumHave a hot lead? Email us at newsdesk

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Maine, Rhode Island Granted Disaster Aid for February Storm

March 27, 2013Email ThisPrintNewslettersTweetArticleComments

Maine will be eligible for federal help to cover the costs of a blizzard that hit in early February.

President Barack Obama on Monday approved Gov. Paul LePage’s request for a disaster declaration.

The declaration means Androscoggin, Cumberland, Knox, and York counties are eligible for assistance to cover snow removal work and the repair or replacement of disaster-damaged facilities.

The storm on Feb. 8-9 caused coastal flood damage and costly snow removal that LePage says is estimated to be more than $3.5 million.

LePage says FEMA will reimburse municipalities and state agencies for 75 percent of their costs for at least 48 hours of snow removal, as well as the costs related to emergency protective measures and any infrastructure damage from the storm.

President Obama has also granted a major disaster declaration for Rhode Island to provide federal aid for state and local recovery efforts from the snowstorm of Feb. 8-9.

The declaration announced last Friday by the White House makes federal funding available to state and local governments, and to certain private nonprofits on a cost-sharing basis for emergency work and repair and replacement of facilities damaged in Bristol, Kent, Newport, Providence and Washington counties.

Federal funding is also available to the state and eligible local governments for a 48-hour incident period in Kent, Providence, and Washington counties.

Aid is also available on a cost-sharing basis for hazard mitigation measures statewide.

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: East NewsTopics: disaster recovery, federal disaster aid, federal disaster declaration, Federal Emergency Management Agency, FEMAHave a hot lead? Email us at newsdesk

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Heffernan Benefits Names Alarcon in Northern California

March 27, 2013Email ThisPrintNewslettersTweetArticleComments

Heffernan Benefits Advisory Services, a division of Heffernan Insurance Brokers, named Andrea Alarcon to the position of benefits compliance/legislative counsel, focusing on Employee Retirement Income Security Act law and health care reform implementation and compliance.

Alarcon will be working out of Heffernan’s Northern California Walnut Creek and San Francisco branch offices.

Alarcon has more than 10 years of experience as a contract attorney, corporate counsel and researcher, specializing in public policy, contracts, and online health insurance program implementation. She has focused on Health Care Reform and related issues, as well as performed extensive nonprofit work establishing access to affordable coverage for low-income constituents of Santa Clara County.

Walnut Creek, Calif.-based Heffernan has California offices in San Francisco, Petaluma, Palo Alto, Los Angeles and Orange County, as well as in Portland, Ore., St. Louis, M. and New York, NY.

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PG&E: Progress On Safety Recommendations at California Plant

Featured Stories No Texas Wind Plan Takeover YetBurand's E&O Tip #27 NewsMarketsJobs Front Page National International Most Popular Magazine Forums Blogs Videos/Podcasts Newsletters News Most Popular National International East Midwest South Central Southeast West Topics P&C Companies Agents & Brokers Government Markets/Coverages Operations Claims More Topics Magazines East Midwest South Central Southeast West Subscribe Directories Jobs SalesMarketingManagementFinanceClaimsUnderwritingOther Features Events Forums Buyers Guide Insurance Twitter Market Directories Ad Showcase Quotes Polls Subscribe PG&E: Progress On Safety Recommendations at California PlantBy Garance Burke

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Hurricanes Offer Similar Lessons for Builders

Featured Stories No Texas Wind Plan Takeover YetBurand's E&O Tip #27 NewsMarketsJobs Front Page National International Most Popular Magazine Forums Blogs Videos/Podcasts Newsletters News Most Popular National International East Midwest South Central Southeast West Topics P&C Companies Agents & Brokers Government Markets/Coverages Operations Claims More Topics Magazines East Midwest South Central Southeast West Subscribe Directories Jobs SalesMarketingManagementFinanceClaimsUnderwritingOther Features Events Forums Buyers Guide Insurance Twitter Market Directories Ad Showcase Quotes Polls Subscribe Katrina, Sandy Offer Similar Lessons for BuildersBy Janet McConnaughey

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Report: Massachusetts to See Drop in Medical Claims Costs

March 28, 2013Email ThisPrintNewslettersTweetArticleComments

Medical claims costs are expected to soar in many states under President Barack Obama’s health care overhaul.

Massachusetts is an exception.

A new study by the nation’s leading group of financial risk analysts, the Society of Actuaries, has found that medical claims costs — the biggest driver of health insurance premiums — will jump an average 32 percent for Americans’ individual policies.

The report concluded the overwhelming majority will see double-digit increases in their individual health insurance markets where people purchase coverage directly from insurers.

Some states, including Massachusetts and New York, will see double-digit declines in costs for claims in the individual market.

The report did not make similar estimates for employer plans, the mainstay for workers and their families.

The administration has questioned the design of the study.

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: East NewsTopics: health insurnace, healthcare, medical claims costs, Society of ActuariesHave a hot lead? Email us at newsdesk

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Penn. Regulators Urge Consumers to Consider Buying Flood Insurance

March 22, 2013Email ThisPrintNewslettersTweetArticleComments

The Pennsylvania Insurance Department is encouraging homeowners to consider buying flood insurance to help protect against potential spring floods.

Winter ice and snow increases the chance of spring flooding, Pennsylvania regulators warned. Further, Pennsylvania is one of the most flood-prone states in the nation and flooding can occur at any time of year.

Pennsylvania residents must carry flood insurance if they live in a designated flood zone, but flooding can happen inland and away from major waterways. Homes that could be flooded by an overflowing creek or pond, water running down a steep hill or melting snow are at risk for flood damage.

Regulators stressed that homeowners insurance policies do not cover flood damage. Also, it takes 30 days for newly purchased flood insurance policies to go into effect, so the ideal time to buy a policy is long before flooding is forecast.

Other flood insurance facts include:

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Claims Against BP Contractors Dismissed at Trial

March 22, 2013Email ThisPrintNewslettersTweetArticleComments

A federal judge conducting a trial to assign fault for the nation’s worst offshore oil spill dismissed claims against a BP contractor and the company that made a key safety device on the drilling rig that exploded in the Gulf of Mexico, triggering the disaster.

After plaintiffs’ attorneys rested their case, U.S. District Judge Carl Barbier ruled there was no evidence that BP’s drilling fluids contractor M-I LLC made any decision that led to the blowout of BP’s Macondo well. Barbier dismissed all claims against M-I on the 15th day of the trial.

The judge also agreed to rule out punitive damages against Cameron International, the manufacturer of the blowout preventer on the ill-fated Deepwater Horizon rig, which was rocked by an explosion and fire in 2010 that killed 11 workers and touched off the enormous spill.

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Report: Fargo Should Expect 1 of its Worst Floods

March 22, 2013Email ThisPrintNewslettersTweetArticleComments

Residents along the Red River in Fargo, N.D., and neighboring Moorhead, Minn., should prepare for one of the top five floods in their history, the National Weather Service said.

Its latest flood outlook included a 50 percent chance that the river would top 38 feet later this spring. That would surpass the fifth-highest crest of 37.34 feet in 1969. Flood stage is 18 feet.

The weather service said the chances of a top five flood had increased with near-record cold temperatures that have delayed the snowmelt. Now, the melt cycle isn’t expected to begin until the first week of April. The chances of a big rain also increase around that time, officials said.

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Texas Lawmaker Scolds Insurance Industry over Coastal Coverage

March 14, 2013Email ThisPrintNewslettersTweetArticle3 Comments

A state senator in Texas is taking the insurance industry to task for what he perceives as its disinterest in coming up with new approaches to solving coastal windstorm insurance issues.

In a Senate committee meeting on March 12, Sen. John Carona, a Republican from Dallas, scolded property/casualty insurance industry representatives saying,

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The Woodlands Financial Group Has a Focus on Growth

March 14, 2013Email ThisPrintNewslettersTweetArticleComments

Richard “Gordy” Bunch, president and CEO of The Woodlands Financial Group, readily concedes that starting a personal lines-focused insurance business in Texas in 2001

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Saturday, May 18, 2013

Barring Last Minute Deal, Gulf Oil Spill Trial to Get Underway Monday

February 21, 2013Email ThisPrintNewslettersTweetArticleCommentsNearly three years after a deepwater well rupture killed 11 men, sank a rig and spewed 4 million barrels of oil into the Gulf of Mexico, BP and the other companies involved are scheduled to face their judge in court.

The trial over the worst U.S. offshore oil spill is set to start Monday in New Orleans before a federal judge and without a jury. Few expect the case, seen lasting several months, will be decided by the judge.

An eleventh-hour settlement this weekend is a possibility, but legal experts expect a resolution, at least with the U.S. Department of Justice, in the coming months. Early testimony is likely to set the tone for any settlement talks, depending on how damaging the evidence is, they said.

“This is a game of corporate chicken,” said John Zavitsanos, a Houston civil litigator. “We have tangled with BP often, and they blink.”

Joining well owner BP Plc in Judge Carl Barbier’s courtroom will be rig owner Transocean Ltd and well cement services provider Halliburton Co.

Lined up against them will be the Justice Department, several Gulf Coast states and other plaintiffs.

BP and Transocean declined to comment on the specifics of the upcoming trial. Halliburton was not immediately available for comment.

BP has a history of settling civil cases before or during trial. Four trials began over the 2005 explosion at its Texas City refinery that killed 15 people. All were settled. Payouts totalled $3.1 billion. BP has since sold the refinery.

The stakes are higher this time, though. The Macondo well explosion and spill on April 20, 2010 affected five state coastlines, prompted a six-month ban on oil and gas drilling in the Gulf and disrupted the livelihoods of fishermen, hoteliers and others. And once a trial gets under way, a new dynamic can take hold.

“If the first couple of days are good for the plaintiffs or good for the defendants, that could shift. Once the first pitch is thrown, those odds could change,” said Anthony Sabino, a business law professor at St. John’s University School of Law.

Just ahead of the trial, BP won agreement from the Justice Department to exclude 810,000 barrels from the total spilt barrels estimate, but BP says the estimate is still too high. It also wants “efforts to do the right thing” afterwards taken into account and has earmarked only $3.5 billion for Clean Water Act payments, compared with its potential maximum liability of $17.5 billion.

A BP settlement with the Justice Department over such a large liability could lead to another delay of a trial that has already been postponed.

“With the federal government out of it, he (Barbier) might well postpone … particularly if the states indicated to him that they were continuing to talk,” said Ed Sherman of Tulane University Law School in New Orleans.

‘REASONABLE TERMS’

BP has committed to pay $8.5 billion to plaintiffs in a separate settlement, having already paid out $9 billion in other claims. Last year it also settled 14 criminal charges with a guilty plea and a record $4 billion in fines and penalties.

The civil claims to be covered next week could surpass these, and the trial’s significance to BP was evident at a Feb. 5 news conference in London. When Chief Executive Bob Dudley said the company would vigorously defend itself, he repeatedly looked toward his top in-house lawyer, Rupert Bondy, for moral support.

BP has repeatedly said it will settle on “reasonable terms,” but Bondy drew a line in the sand this week, saying the British company now goes to trial “faced with demands that are excessive and not based on reality.”

Its spill bill is already impressive: Accounting provisions total $42 billion – about 30 percent of its stock market value. It has sold assets worth $38 billion to finance compensation, clean-ups and fines. It has paid, or committed to pay, $37 billion of this. The actions have sliced $5 billion a year, or 14 percent, off its cash flow – a basic money-making measure.

And there is more to come. That is why, even on forward measures of earning power, a shrunken BP still lags its peers.

If BP is found “grossly negligent” – a key question for the trial – its fine under the U.S. Clean Water Act could be as high as $17.5 billion based on a total of 4.1 million barrels spilled and a maximum fine of $4,300 a barrel.

It could also be much lower, at a maximum $1,100 per barrel, or $4.5 billion, if BP’s claim that it was “no more than negligent” is proved.

Aside from the Clean Water Act, two other claim groups come under the jurisdiction of Barbier, a federal judge for the Eastern District of Louisiana. Both are harder to quantify.

Economic damage claims totalling $34 billion have been made by Gulf Coast states including Louisiana and Alabama. BP has said these are excessive, and that its clean-up spending had a positive economic impact.

A third set of claims, for natural resources damage, has not even been quantified yet.

PROVING GROSS NEGLIGENCE

From Monday, phase one of the trial will focus on the level of negligence and on apportioning blame among the defendants.

Phase two will focus on the number of barrels spilled from the blown-out well.

Together, they could drag into next year, and neither phase will consider the size of any fine. But a gross negligence finding could open the way for extra costs in the form of punitive damages.

Lawyers point out that strong evidence of a reckless and willful disregard for employee safety and environmental health would be required to prove gross negligence.

“It is very difficult to prove, and that is something that these defendants are counting on,” Sabino said.

Zavitsanos cited the 1970 Ford Pinto Memo as one of the few cases where the evidence was strong enough to prove gross negligence. In this case, Ford Motor Co was shown to have been aware of a design flaw and that a crash could puncture the gasoline tank and cause a fire. It was also shown to have decided to risk death and injury lawsuits rather than fix the design.

Steve Herman, one of the lead lawyers for the plaintiffs, said they contend there is “overwhelming evidence” that BP, Transocean and Halliburton “were all grossly negligent, and we look forward to laying bare that evidence for all to see.”

Alabama Attorney General Luther Strange, who will speak for the states in the trial, agreed that the evidence would show BP’s conduct reaches the level of gross negligence and said expert testimony would prove “very, very damaging to BP.”

Strange said he plans to present BP with declarations that the spill was both predictable and preventable, and that the company fosters a “culture of callousness.”

“It’s a focus of profits over safety,” he said in an interview on Thursday.

The companies have consistently held that whatever mistakes were made, they don’t rise to the level of gross negligence.

But on Thursday, Barbier rejected BP’s request that the plaintiffs not be allowed to present evidence regarding its suspension from obtaining new federal contracts following the spill, imposed last year by the U.S. Environmental Protection Agency. The plaintiffs said that evidence may be pertinent after the first phase, so Barbier said BP could try again to block it if the issue arises once the case starts.

The case is In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, No. 10-md-02179, in the U.S. District Court, Eastern District of Louisiana.

Copyright 2013 Reuters. Click for restrictions.Email ThisPrintNewslettersTweetCategories: National NewsTopics: BP oil spill trial, clean water act, Gulf oil spill trial, New Orleans oil spill trial, oil spill gross negligence, Transocean, U.S. District Judge Carl BarbierHave a hot lead? Email us at newsdesk

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UK’s Arc Legal to Increase Access to Social Media Abuse Coverage

February 22, 2013Email ThisPrintNewslettersTweetArticleComments

A bulletin from the UK’s Arc Legal Assistance Limited, an independent provider of legal expenses insurance products and related services, notes that the

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Federal Crop Insurance Board Gets 4 New Directors

February 22, 2013Email ThisPrintNewslettersTweetArticle1 Comments

Agriculture Secretary Tom Vilsack recently named four new members of the Federal Crop Insurance Corp. (FCIC) board of directors. The new appointees are James Bardenhagen, Iris Saenz, John F. Finston, and Kenneth Ray Sneed. They joined the FCIC board in February.

James Bardenhagen, of Bardenhagen Farms, is a specialty crop farmer growing apples, cherries, grapes, potatoes, hay, and small grains in Suttons Bay, Mich. He has been a participant in the crop insurance program for approximately 13 years and was a Michigan State University Extension Director in Leelanau County for 20 years.

Iris V. Sáenz, a native of Premont, Texas, is a crop insurance agent and the owner of South Texas Insurance Services in McAllen, Texas. She has sold and serviced crop insurance policies for more than 25 years. She is also owner of MonteDuro Land and Cattle Company, a Beefmaster cow-calf operation and land management company.

John F. Finston is a deputy commissioner for the California Department of Insurance, an insurance regulator, and an attorney in San Francisco, Calif. Before joining the California Department of Insurance he was in private practice focusing on insurance, reinsurance, and insurance regulation for more than 30 years.

Kenneth Ray Sneed of Sneed Farms Inc. is a third generation farmer growing soybeans, cotton, corn, and wheat in partnership with his brothers in Drummonds, Tenn. for 35 years. He has 18 years of experience with the crop insurance program.

The Federal Crop Insurance Corp. was created by the Agricultural Risk Protection Act of 2000 and is responsible for maintaining and creating new programs for risk management and risk mitigation in agriculture.

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XL Group Launches $850 Million Share Buyback; Raises Dividend

February 22, 2013Email ThisPrintNewslettersTweetArticleComments

XL Group plc announced from its Dublin, Ireland headquarters that its Board of Directors has approved a new share buyback program, authorizing the Company to purchase up to $850 million of its ordinary shares. The previous share buyback program, which had $250 million remaining, has been canceled.

XL said it

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Houston Officer: Texting Drivers Are Blind Drivers

February 13, 2013Email ThisPrintNewslettersTweetArticle3 Comments

Houston Police Officer Paul Lassalle said it used to be easy spotting drunk drivers.

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Hiscox Enhances Professional Liability Product Portfolio

tailor made’ policy forms for certain client segments within its allied healthcare (AHC), architects & engineers (A&E) and miscellaneous professional liability (MPL) products. It also includes common and simplified policy language across the three products and the ability to cross sell new coverages, including general liability, to clients.

Hiscox Professional Liability Portfolio offers consultants, trustees and many other service professionals specialized insurance coverage for specific risks stemming from the services they provide. Brokers will now be able to offer

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Tennessee Wins Federal Grant for Food Safety Center

January 25, 2013Email ThisPrintNewslettersTweetArticleComments

Tennessee is one of five states to receive a federal grant to establish an Integrated Food Safety Center of Excellence.

The center will be located at the University of Tennessee at Knoxville and operated in cooperation with the state Health Department.

According to the department, the new center will allow Tennessee to improve food safety and its response to outbreaks of foodborne illness.

The effort is funded by a $200,000 grant from the Centers for Disease Control and Prevention.

Health Commissioner John Dreyzehner said in a statement that the award recognizes the good work the state is doing to protect public health. That includes outbreak investigations and more than 70,000 annual inspections of food service facilities.

Each year, roughly 48 million Americans get sick from foodborne illnesses and 3,000 die.

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: Southeast NewsTopics: Centers for Disease Control and Prevention, foodborne illnesses, Tennessee food safety, Tennessee Health Commissioner John DreyzehnerHave a hot lead? Email us at newsdesk

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Number of Court Cases in North Dakota Jumps

January 25, 2013Email ThisPrintNewslettersTweetArticleComments

The number of court cases is skyrocketing in North Dakota, especially in the oil-producing western part of the state, according to the state’s court administrator.

Sally Holewa told the Senate Judiciary committee that nearly 186,000 cases were filed last year. That’s up more than 11 percent from 2011.

Holewa said the numbers don’t include the more than 20,000 cases that are reopened each year.

Lawmakers are looking at adding three new judgeships to keep pace with increased caseloads caused by record oil development.

North Dakota Chief Justice Gerald VandeWalle appealed state lawmakers during his State of the Judiciary speech to add two judgeships in the epicenter of the oil boom in northwestern North Dakota, and one judgeship in Fargo. The cost to establish the judgeships is pegged at about $1.7 million.

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: Midwest NewsTopics: North Dakota courts, North Dakota judgeships, North Dakota lawsuitsHave a hot lead? Email us at newsdesk

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A.M. Best Withdraws Ratings of Community Mutual Insurance Co. in N.Y.

January 17, 2013Email ThisPrintNewslettersTweetArticleComments

Insurance ratings agency A.M. Best Co. said it has downgraded the financial strength rating to C (Weak) from C

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Ratings Recap: Southern General/GreenStar, Fairfield, Community Mutual, Wisconsin County

of Southern General Insurance Company (SGIC) and GreenStar Insurance Company, an affiliate of SGIC, both domiciled in Marietta, Georgia. The outlook for the FSR is stable, while the outlook for the ICRs has been revised to negative from stable. Best said the

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Arthur J. Gallagher Acquires Insurance Risk Managers of Missouri

January 8, 2013Email ThisPrintNewslettersTweetArticleComments

Arthur J. Gallagher & Co. has acquired Insurance Risk Managers of Missouri Inc. in St. Louis. Terms of the transaction were not disclosed.

Founded in 1996, Insurance Risk Managers of Missouri (IRM) is a retail insurance broker providing commercial property/casualty and risk management insurance services for clients throughout the United States. The firm specializes in insurance coverage for the moving and storage industry including owner/operator segments.

Patrick E. McAleenan, Novis D. Adkins and their associates will continue to operate in St. Louis under the direction of Mike Henthorn, head of Gallagher’s South Central retail property/casualty brokerage operation.

Arthur J. Gallagher & Co., an international insurance brokerage and risk management services firm, is headquartered in Itasca, Ill.

Source: Arthur J. Gallagher & Co.

Email ThisPrintNewslettersTweetCategories: Midwest NewsTopics: Arthur J. Gallagher & Co., Business Moves & Mergers, Insurance Risk Managers of Missouri Inc., Mergers and Acquisitions, Missouri, Novis D. Adkins, Patrick E. McAleenanHave a hot lead? Email us at newsdesk

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Willis North America Appoints Gilliam as Senior VP in Houston Office

January 8, 2013Email ThisPrintNewslettersTweetArticle1 Comments

Insurance broker Willis North America has appointed Bill Gilliam as senior vice president, construction practice, in its Willis of Texas office.

Willis of Texas Inc., with 120 associates, serves clients from its office in Houston.

In this role, Gilliam will be responsible for business development within Willis’ Construction Practice. He will work to expand Willis’ footprint in the Houston marketplace and align Willis’ global resources to deliver outstanding risk management services to Houston-based construction firms.

Gilliam reports to Lloyd Esler, managing partner, Willis of Houston.

Gilliam brings more than nine years of experience in the construction and insurance industries into this role. Prior to joining Willis, he served as a producer at Bowen Miclette and Britt Inc.

Source: Willis North America

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Oklahoma Insurance Commissioner No. 2 User of State-Owned Plane

January 8, 2013Email ThisPrintNewslettersTweetArticle1 Comments

Oklahoma Insurance Commissioner John Doak has crisscrossed the state in state-owned aircraft on his mission to educate the public and reach out to constituents.

As a result, Doak is the top statewide elected official using state-owned aircraft, behind Gov. Mary Fallin. The costs billed to his agency are $3,462.

His predecessor, Kim Holland, did not use state-owned aircraft to travel, according to the Department of Public Safety.

Doak said he is the only insurance commissioner to visit each of the state’s 77 counties each year.

He said the voices of people in Grove, Antlers and Woodward are just as important as those in Tulsa and Oklahoma City.

Fallin, Lt. Gov. Todd Lamb and Doak are the only statewide elected officials to use state-owned aircraft.

Lamb used the aircraft on June 5 to travel to western Oklahoma. The cost was $2,264, according to DPS.

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Argo Group Establishes New Sidecar, Harambee Re

January 8, 2013Email ThisPrintNewslettersTweetArticle1 Comments

Argo Group International Holdings, Ltd. has established Harambee Re 2013-1 Ltd for the 2013 accident year. This is the first sidecar established by Argo Group.

Unlike other sidecars, which typically write either reinsurance or retrocession business, Harambee Re will support both a reinsurance and an insurance portfolio. Harambee Re provides capacity of approximately five percent of premium income for specific property portfolios that represent two of Argo Group’s core businesses: Argo Re, the Group’s reinsurance operation and Colony Specialty, Argo Group’s excess and surplus lines segment.

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Nevada Highway Patrol issued 12k tickets for Cellphones

January 4, 2013Email ThisPrintNewslettersTweetArticle1 Comments

The Nevada Highway Patrol says it handed out nearly 12,000 tickets last year to people using cell phones while driving.

Officials say most were getting their first phone ticket, while 30 were cited for their second offense and 25 were getting their third ticket.

A state law passed in 2011 bans cell phone use while driving and covers texting or reading from a cell phone, even while stopped in traffic or at a light.

The ban carries a $112 fine for the first ticket, with a second offense costing $192, and a third or subsequent violation costing $352. Repeat offenders also face demerits on their driving record.

Troopers recommend drivers use a hands-free device or refrain from using their phones altogether while driving.

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: West NewsTopics: cell phone ban, driiving while using cell phone, Nevada Highway Patrol, texting while drivingHave a hot lead? Email us at newsdesk

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Atlanta-Based Crawford & Co. Appoints Global Technical Services Leader

Featured Stories Texas Homeowners Pay Highest PremiumsFlorida's Citizens Balks at HO-8 Policy NewsMarketsJobs Front Page National International Most Popular Magazine Forums Blogs Videos/Podcasts Newsletters News Most Popular National International East Midwest South Central Southeast West Topics P&C Companies Agents & Brokers Government Markets/Coverages Operations Claims More Topics Magazines East Midwest South Central Southeast West Subscribe Directories Jobs SalesMarketingManagementFinanceClaimsUnderwritingOther Features Events Forums Buyers Guide Insurance Twitter Market Directories Ad Showcase Quotes Polls Subscribe Atlanta-Based Crawford & Co. Appoints Global Technical Services LeaderDecember 21, 2012Email ThisPrintNewslettersTweetArticleComments

Crawford & Co., an Atlanta-headquartered independent provider of claims management services, announced that Andries Willemse, senior vice president for Crawford’s Global Technical Services (GTS) operations, will assume the leadership role of GTS. The appointment will be effective January 2013.

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Best Affirms Russian Re’s ‘B+’ Ratings; Outlook Stable

believes that Russian Re’s risk-adjusted capitalization is excellent, supported by the retention of earnings and low investment risks. Following the Russian Federation’s new legislative requirements, Russian Re increased its share capital from RUB 120 million

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HCC Global Financial Products to Offer Kidnap & Ransom Insurance

Featured Stories Video: AIG's Spackman on Economic InstabilityBlog: Burand's E&O Tip #17 NewsMarketsJobs Front Page National International Most Popular Magazine Forums Blogs Videos/Podcasts Newsletters News Most Popular National International East Midwest South Central Southeast West Topics P&C Companies Agents & Brokers Government Markets/Coverages Operations Claims More Topics Magazines East Midwest South Central Southeast West Subscribe Directories Jobs SalesMarketingManagementFinanceClaimsUnderwritingOther Features Events Forums Buyers Guide Insurance Twitter Market Directories Ad Showcase Quotes Polls Subscribe HCC Global Financial Products to Offer Kidnap & Ransom InsuranceDecember 14, 2012Email ThisPrintNewslettersTweetArticleComments

HCC Global Financial Products, a provider of Financial Lines Insurance since 1999, announced the launch of an international HCC branded Kidnap and Ransom (K&R) Insurance product in conjunction with HCC Specialty, which has been providing K&R insurance since 1980. HCC Global and HCC Specialty are affiliated businesses owned by HCC Insurance Holdings, Inc.

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Associated Agencies Names Herz President and Schrayer CEO

November 28, 2012Email ThisPrintNewslettersTweetArticleComments

Associated Agencies Inc., based in Rolling Meadows, Ill., has promoted 35-year-old Joshua Herz to president, making him the fourth person in the same family to hold the position.

Herz succeeds his cousin, Max (Skip) R. Schrayer, who was recently named chief executive officer. As president, Herz will maintain his current client base and actively mentor new salespeople within the company. As CEO, Schrayer will continue to maintain his own client base and oversee operations.

Since joining Associated Agencies as an account producer in 2003, Herz has moved into top management, earning the title of vice president in 2009. Currently, he sits on the executive boards of Associated Agencies and one of its affiliates, Auto and Home Insurance Agency.

Prior to joining Associated Agencies, Herz worked at General Electric for four years. At GE, Herz became a Six Sigma blackbelt and was handpicked for Jeff Imelt’s elite Commercial Leadership Program. Herz lives in Highland Park, Ill. with his wife and three children.

Schrayer began his career at Associated Agencies, Inc. as a part-time employee in 1974, moving to full-time in 1982. A producer of large accounts, Schrayer manages the largest book of business in the office. He also serves as sales manager and as a member of the board of directors. As president of Associated Agencies Inc. and Auto and Home Insurance Agency Inc., he oversaw all aspects of commercial and personal insurance for individuals as well as businesses of all sizes, both for-profit and not-for-profit nationwide.

Schrayer remains president of Auto and Home Insurance Agency in Downers Grove, Ill.

Source: Associated Agencies Inc.

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Kreidler’s 4th Term in Washington: Healthcare, Climate Change, Excess Surpluses

November 8, 2012Email ThisPrintNewslettersTweetArticleComments

Washington Insurance Commissioner Mike Kreidler won nearly six in 10 votes in his re-election bid, giving him bragging rights as the U.S.’s longest currently serving insurance commissioner.

Kreidler won 57.7 percent of the vote, while insurance broker John Adams, his Republican challenger, garnered 42.3 percent of the votes.

The Democrat now entering his fourth term said that over the next four years Washington’s insurance community and its consumers can expect his top priorities to include implementing the Affordable Care Act, tackling climate change and doing battle with not-for-profit health insurers that he says have built up excessive surpluses.

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