DUI Case Puts Spotlight on Kentucky State Police Lab Tests

March 22, 2013Email ThisPrintNewslettersTweetArticleComments

The Jefferson County Attorney’s Office says a judge’s decision to acquit a Louisville woman of an impaired driving charge shows the shortcomings of Kentucky State Police lab tests.

The Courier-Journal reported that the judge said the prosecutor failed to show that 38-year-old Monica Holt was under the influence of anything when she was arrested in 2011.

“It doesn’t matter what the commonwealth thinks, you can’t prove it,” she said from the bench on March 5. “You charged her with driving under the influence, and there is no proof what it is.”

Prosecutors said Holt told a jail officer that she took a prescribed painkiller before being pulled over, but her attorney challenged that contention and state police tests showed no drugs in her system.

Forensic analyst Jason Berry testified the lab tests for only 35 to 40 drugs. He said nine others are being added on April 1, but the lab lacks funding to test for more.

“Can you test for everything known?” Frazier asked him.

“We are not a private lab,” he said. “We lack the money, basically, to look for more drugs.”

Warren Diepraam, a former prosecutor fellow for the National Highway Transportation Safety Administration, said many state crime labs deal with similar issues. He said there are potentially thousands of substances that could impair a driver and “testing for 40 is often going to result in failure to detect.”

Holt’s lawyer, Jan Waddell, argued the case shouldn’t have even made it to trial considering the scant evidence.

“Miss Holt was the victim here,” Waddell told the jury during the trial. “There wasn’t a scintilla of scientific evidence of impaired driving.”

Holt was arrested after a truck driver called 911 reporting an erratic driver who was nearly hitting other vehicles.

Metro Officer Nathan McCoy pulled Holt over and noted in a citation that she couldn’t answer “the simple question of where she was coming from and fumbled with insurance papers.” He said he did not find any alcohol or drugs in her vehicle, but she failed a field-sobriety test.

“She was under the influence,” Frazier told the jury during the trial, “and everyone in her path was in danger.”

Waddell presented a different scenario. In his opening statement, he said the man who reported Holt followed her closely at a high rate of speed and if she failed a field-sobriety test it was “only because she was nervous

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Louisiana Commissioner Says ‘No’ to State Farm Regional Deductible Plan

January 25, 2013Email ThisPrintNewslettersTweetArticleComments

Louisiana Commissioner of Insurance Jim Donelon has denied a request by State Farm Fire & Casualty Co. (State Farm) to introduce a regional deductible plan for its Louisiana homeowner’s program.

Donelon said the company’s request

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State Auto Introduces Data Compromise Plus

March 22, 2013Email ThisPrintNewslettersTweetArticleComments

The State Auto Insurance Cos. have created a new data breach policy called Data Compromise Plus to address this growing coverage need faced by small businesses. Data Compromise Plus automatically includes coverage for defense, liability and identity recovery, in addition to the  coverage for the insured’s response expenses,

Data Compromise Plus can be added to any eligible State Auto business insurance policy and includes the following benefits:

Response expense

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North Carolina Gov. McCrory Opposes State Run Health Exchange

February 13, 2013Email ThisPrintNewslettersTweetArticle1 Comments

North Carolina Gov. Pat McCrory said he does not think the state is ready to run health exchanges called for in the federal Affordable Care Act.

McCrory’s office issued a statement saying the governor had reviewed the advantages and disadvantages of expanding Medicaid in North Carolina.

The state must tell federal officials by Friday if it will run the health exchanges to help those without insurance obtain coverage.

McCrory said the state is not ready to expand Medicaid and should allow the federal government to run the health exchanges.

He said the current Medicaid system is broken and not ready to expand. He said to do so would put taxpayers at risk.

He also said the federal government has not provided enough information on the long-term costs.

The Republican governor’s stance is at odds with the preference of the state’s elected insurance commissioner, Wayne Goodwin, a Democrat who supports a state-run exchange. In a recent interview with Insurance Journal, Goodwin said the decision on how the state should proceed is up to McCrory and lawmakers but Goodwin made his opinion clear:

“Just as I did with their predecessors, I have expressed my concern that the state of North Carolina knows best for North Carolinians than the United States federal government does, particularly as it relates to health insurance and exchange matters. There are a variety of reasons why the others have varying opinions, but I believe that the state should do its job and protect consumers and help regulate this marketplace.”

Goodwin told Insurance Journal he believes health care providers and the business community also prefer a state

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Nebraska Governor OKs Keystone XL Pipeline Route Through State

January 25, 2013Email ThisPrintNewslettersTweetArticle2 Comments

Nebraska Gov. Dave Heineman has approved a new route for the Keystone XL oil pipeline that avoids the state’s environmentally sensitive Sandhills region.

Heineman sent a letter to President Barack Obama confirming that he would allow the controversial project to proceed in his state.

The pipeline has faced strong resistance in Nebraska from a coalition of landowners and environmental groups who say it would contaminate the Ogallala aquifer, a massive groundwater supply.

Canadian pipeline developer TransCanada and some workers’ unions say the project is safe and will create thousands of jobs.

The original route would have run the pipeline through a region of erodible, grass-covered sand dunes. The new route skirts that area.

 

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: Midwest NewsTopics: Canadian pipeline developer TransCanada, Keystone XL oil pipeline, Nebraska Gov. Dave HeinemanHave a hot lead? Email us at newsdesk

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Tennessee State Senator, Insurance Agent Tracy to Run for Congress

January 4, 2013Email ThisPrintNewslettersTweetArticleComments

State Sen. Jim Tracy officially announced Wednesday that he will run for the congressional seat held by fellow Republican U.S. Rep. Scott DesJarlais, saying the embattled lawmaker has deceived his constituents and needs to be replaced with a more trustworthy representative.

Tracy, an insurance agent for Nationwide Insurance and former college basketball referee, was joined by other Republican lawmakers and local officials at a pharmacy in Murfreesboro. His speech was interrupted by applause at least twice as he touted his conservative values and alluded to the scandal surrounding DesJarlais.

“I promise that I will never embarrass you with my personal conduct or compromise on my conservative principles,” Tracy said. “I’m a conservative in word and deed. I’m 100 percent pro-life.”

DesJarlais, a Jasper physician, won a second term in Congress in November despite revelations he had sexual relationships with patients and urged one to seek an abortion. DesJarlais has rejected calls for his resignation.

When asked about Tracy’s challenge, DesJarlais spokesman Robert Jameson said in a statement that the congressman is focused on other matters.

“Right now Congressman DesJarlais is completely focused on the job he was elected to do by residents of the Fourth District: Ending the deficit spending, repealing ObamaCare and returning our government to its proper constitutional role.”

 

 

Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: Southeast NewsTopics: insurance agent in politics, Jim Tracy, Rep. Scott DesJarlais, Tennessee insurance agent state senator, Tennessee politics, Tennessee RepublicansHave a hot lead? Email us at newsdesk

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Delaware Regulators Fine State Farm $150K Over Non-Renewal Notices

December 14, 2012Email ThisPrintNewslettersTweetArticleComments

Delaware’s insurance department announced it has fined State Farm Fire and Casualty Company a $150,000 penalty for failing to include in some of its non-renewal notices a written explanation of the specific reasons for non-renewal.

The insurer has also been ordered to review its protocols regarding the application of underwriting guidelines for Delaware’s coastal region and adjust the language included in non-renewal notices.

Following State Farm’s decision to not renew 509 of its more than 127,000 property policies in Delaware, the insurance department conducted a market conduct examination to ensure the insurer was acting within Delaware insurance laws and regulations related to property insurance under Title 18 Insurance Code, Chapter 41.

The examination determined there was no unfair discrimination in State Farm’s underwriting decisions. However, the report did find that the non-renewal notices did not contain all the statutorily required information for consumers.

Delaware regulators said State Farm Fire and Casualty Company has also been ordered to suspend coastal non-renewals for a period of 3 years (starting November 1, 2012) and include additional information on future coastal non-renewal notices.

Under an agreement between the Delaware insurance department and State Farm, the company will:

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North Dakota Is Nation’s Fastest-Growing State Since 2011

December 21, 2012Email ThisPrintNewslettersTweetArticleComments

North Dakota’s total population climbed by 2.17 percent between July 1, 2011, and July 1, 2012. This is the fastest growth of any state, and nearly three times faster than the nation as a whole, according to Census Bureau state population estimates released this week.

The Census Bureau produces population estimates each year. The population estimates use administrative data to estimate population change between census years, using the decennial census count as a starting point. Estimates are used by local governments to locate services and by the private sector to locate businesses.

Following North Dakota in terms of percent increase over the same period were the District of Columbia (2.15 percent), Texas (1.67 percent), Wyoming (1.60 percent), Utah (1.45 percent) and Nevada (1.43 percent).

North Dakota ranked only 37th in growth between the 2000 and 2010 censuses and climbed to sixth between 2010 and 2011. Each of the 10 fastest-growing states were in the South or West with the exception of North Dakota and South Dakota.

The United States as a whole saw its population increase by 2.3 million from 2011 to 2012, to 313.9 million, for a growth rate of 0.75 percent. California remained the most populous state, with a July 1 population of 38.0 million. Rounding out the top five states were Texas (26.1 million), New York (19.6 million), Florida (19.3 million) and Illinois (12.9 million).

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Wisconsin Agent and PIA Member Wins Re-Election to State Assembly

November 8, 2012Email ThisPrintNewslettersTweetArticle1 Comments

Wisconsin insurance agent and member of the National Association of Professional Insurance Agents (PIA), Mary Czaja, on Nov. 6 won her race to capture the 35th Assembly District in northern Wisconsin.

Czaja is a Republican who ran on a pro-business platform.

She is a member of the national board of directors of PIA, representing Wisconsin.

“We are absolutely thrilled with Mary Czaja’s victory for the 35th Assembly seat in Wisconsin,” said PIA of Wisconsin executive vice president Ron Von Haden. “With her knowledge of insurance and small business and her tremendous work ethic, she will be an invaluable asset to the people of her district and the State of Wisconsin. PIA worked hard to help Mary in her race, not only financially but also by knocking on doors and delivering literature for her in the district.”

Founded in 1931, PIA is a national trade association that represents member insurance agents and their employees who sell and service all kinds of insurance, but specialize in coverage of automobiles, homes and businesses.

Source: PIA

 

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Florida Approves State Farm 6.4% Homeowners Rate Increase

September 28, 2012Email ThisPrintNewslettersTweetArticle2 Comments

Florida regulators have approved an average 6.9 percent rate hike for State Farm Florida Insurance Co., which is the insurer’s fifth increase in as many years.

The insurer had initially sought an average 14.9 percent increase citing  hurricane and underwriting losses.

In addition to the 6.9 percent average increase in homeowner rates, rates for renters will increase by six percent while rates for condominium owners will drop by six percent. The new rates will apply to renewal policies, effective Feb. 1, 2013.

At a recent public hearing, executives said the Winter Haven, Fla.-based insurer had seen its surplus drop from $822 million in 2007 to $368 million in 2011. They also said that following the 2004 hurricane season it had to borrow $750 million from its parent company, State Farm Mutual, an amount it has yet to pay back.

Regulators, however, objected to State Farm Florida’s proposed 16 percent profit and contingency factor included in their rate proposal and the 10.8 percent commission it said it was paying agents despite not writing new business.

The approved 6.9 figure is fifth increase the insurer has received since 2009. That year, the insurer received a 27.9 percent increase, which was followed by a four percent increase in 2010.  State Farm also received approvals for 6.6 percent and 18.8 percent hikes, which were implemented over a two-year period in 2011-2012.

State Farm Florida spokesperson Michael Bower said the insurer will not appeal the state’s Office of Insurance Regulation decision.

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State Elections Wrapup: Some Partisan Realignment; 5 Incumbent Insurance Chiefs Win

November 8, 2012Email ThisPrintNewslettersTweetArticle1 Comments

Neil Alldredge has been searching for the unifying “theme” in the results of Nov. 6 state elections around the country but he says it has not been easy to identify one.

As senior vice president for state and policy affairs for the National Association of Mutual Insurance Companies (NAMIC), Alldredge follows state politics around the country closely. The best he can come up with for a characterization of what happened Tuesday is that it is “almost a return to normal,” with some of the surprising gains Republicans made in state legislatures in 2010 being rolled back, sort of a “reset” to a pre-2008 environment.

Democrats rode President Obama’s coattails to some gains in state legislatures and governors’ offices across the country in the election but not enough to erase the Republican advantage in states.

Also, five incumbent insurance commissioners

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Local, State and National Organizations Join Forces to Protect Access to the Ballot Box

Share PrintEmailFacebookTwitterShareBookmark & ShareXGoogleDeliciousDiggRedditStumbleUponTechnoratiCurrentPermalink October 16, 2012

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media

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How Voters Voted on State Court Justices

November 8, 2012Email ThisPrintNewslettersTweetArticleComments

Voters around the country for the most part stood by incumbent state Supreme Court justices, including where Republicans, business groups and others targeted the judges for defeat. However, two incumbents on Ohio’s top court lost.

Here is a recap of state court elections:

Alabama

Alabama voters gave a second chance to the former Supreme Court chief justice who was ousted from office in 2003 for refusing to remove a Ten Commandments monument. Republican Roy Moore defeated Democrat Bob Vance, a circuit judge, in Tuesday’s election for the Supreme Court seat. Moore was first elected to the chief justice job in 2000.

Florida

Three Florida Supreme Court justices have won a retention bid despite an unprecedented push by the Republican Party of Florida to oust them. Justices R. Fred Lewis, Barbara Pariente and Peggy Quince each led about 67 percent to 33 percent Tuesday with nearly 90 percent of the precincts reporting.

The Republican Party’s executive committee had opposed the three justices. The GOP had called them extremists. It marked the first time a Florida political party has taken a position in a retention race.

The justices’ supporters include some prominent Republicans who said the GOP was endangering judicial independence and that the three had done nothing that deserves removal.

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Calif. State Fund Board: Drop Rates 7%

October 5, 2012Email ThisPrintNewslettersTweetArticleComments

California’s State Compensation Insurance Fund’s board voted on Friday for a 7 percent decrease in its 2013 rates, a move that reflects State Fund’s anticipated savings from a workers’ compensation reform law set to take effect on Jan. 1, 2013.

The rate filing will apply to a rate filing that’s currently under review with the California Department of Insurance. This is State Fund’s first tiered rating plan.

When the review is complete State fund will revise its filing.

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Penn State to Bring in Victim Fund Veteran Feinberg

September 21, 2012Email ThisPrintNewslettersTweetArticleComments

Penn State plans to bring in the man who ran the Sept. 11 victim fund and other major compensation programs to help it settle claims by Jerry Sandusky’s child molestation victims, a plaintiffs’ lawyer said Thursday.

St. Paul, Minn., attorney Jeff Anderson said a lawyer for the university notified him in recent days that the school will be aided by lawyer Ken Feinberg.

“Any action toward bringing resolution and transparency is better than no action, and actions speak louder than words,” Anderson said.

Feinberg and university spokesman Dave La Torre both declined to comment.

Lawyers for Sandusky’s victims and other potential claimants had complained recently that the school had not followed up on its pledge to settle the civil claims quickly and fairly. Attorneys told The Associated Press this month that they had very limited contact with the university and, if that continued, more lawsuits were expected.

Philadelphia lawyer Joel Feller, part of a team that represents four of the 10 victims in Sandusky’s criminal case, as well as Sandusky’s adopted son Matt Sandusky and other claimants, confirmed he also was contacted by Penn State about Feinberg’s participation.

Feller said he was waiting to learn more about how the school plans to proceed.

“Whether this is a positive or negative step will be determined solely by Penn State taking responsibility for the compensatory and punitive damages owed to these young men,” Feller said.

It’s unclear precisely what role Feinberg and his firm will play, what compensation they might be getting or whether Penn State has made critical decisions about how much money to offer, where it will come from, how victims will be evaluated and the mechanism for making payments.

Feinberg also ran victim compensation funds for victims of Agent Orange, the Virginia Tech massacre and the Gulf of Mexico oil spill. He outlined some of the possible approaches for such funds in his new book, “Who Gets What: Fair Compensation after Tragedy and Financial Upheaval,” which details the processes he’s used.

He writes that more than $7 billion in taxpayer money was used to pay survivors of the 2001 terror attacks, with an average award for death about $2 million, for injury about $400,000. Ninety-eight percent of claimants participated, and just 94 families opted out so they could sue.

After the Virginia Tech shooting, $6.5 million was distributed among 32 families, including five faculty members, using a methodology that took into account the length of hospital stays for those who survived.

The BP spill led to establishment of the Gulf Coast Claims Facility, which as of March had paid more than $6 billion to some 169,000 claimants.

Sandusky, 68, is scheduled to be sentenced next month on 45 child sexual abuse counts. Given his age, the number of charges and serious nature of the crimes, he will likely receive a state prison term that will keep in behind bars for the rest of his life.

 

Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Email ThisPrintNewslettersTweetCategories: East NewsTopics: Jerry Sandusky, Liability, Penn StateHave a hot lead? Email us at newsdesk

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State Farm, Rigsby Sisters Head to Trial, Senate Works on Long-Term NFIP Vote: Week in Review

By Caterina Pontoriero, PropertyCasualty360.com

June 25, 2012 • Reprints

Related Articles Old Republic Foregoes Mortgage-Insurer Spinoff; Downplays Liquidity Concerns % Tropical Storm Debby Brings More Rain to Flooded Florida % Colorado Fire Near Pikes Peak Forces 11,000 from Homes % Florida Braces for Debby Downpour % Are Potential Employers Making Private Info Public? % Previous Vitale Named CEO of Aspen Insurance Next Marine Underwriters Frustrated with FBI’s Cargo Theft Monitoring Efforts Related Terms Commercial 1638 Comments Please enable JavaScript to view the comments powered by Disqus. Featured Offers –

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Ford, State Farm look to save drivers money on car insurance using telematics technology

Ford is looking to save its drivers money on car insurance using telematics.

The automaker revealed late last week that it has teamed up with US insurer State Farm Insurance to use its Ford SYNC connectivity, which links the car to the Internet via a mobile phone and will now send usage data to the insurer.

The technology is already used to provide hands-free calls and browsing from inside the vehicle, but it will be the largest scheme yet to integrate so called ‘connected cars’ with the insurance industry, beginning in Utah and rolling out across the US.

Once a driver is enrolled, SYNC will report their mileage electronically to the insurer, allowing the firm to automatically adjust premiums based on the actual distance driven.

Ford claims that savings could be as much as 40 percent, although drivers clocking up the national average of 1,000 miles (1,600 km) per month will typically save around 10 percent, it says.

It’s not the first time that electronics have been used to try to improve the car insurance business — some pilot schemes underway in the US and UK both use GPS devices to track the real-time location of cars and track mileage as part of ‘pay as you drive’ insurance schemes.

However, the entry of Ford into the market is likely to further spur its uptake by both automakers and insurers, which could lead to superb savings for customers.

Analysts predict that the 2 million customers using telematics-based insurance today could rise as high as 100 million by 2020.

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The State of Latino Health Twitter Chat

Categories

Improving Care (41) Health Care Providers (8) Employers (21) Costs (45) Insurance Coverage (105) Health Conditions (43) Prevention (38) Rights, Protections and Benefits (104) Families (54) Seniors (59) Explore your coverage & pricing options

Find out which private insurance plans, public programs and community services are available
to you.

Pick Your StateAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahUS Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingPick Your StateAlabamaAlaskaArizonaArkansasCaliforniaNorth CarolinaSouth CarolinaColoradoConnecticutNorth DakotaSouth DakotaDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaNorthern Mariana IslandsUS Virgin IslandsKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew JerseyNew YorkNew HampshireNew MexicoOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandAmerican SamoaTennesseeTexasUtahVermontVirginiaWest VirginiaWashingtonWisconsinWyoming–

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The State of LGBT Health in Colorado

Categories

Improving Care (41) Health Care Providers (8) Employers (21) Costs (45) Insurance Coverage (105) Health Conditions (43) Prevention (38) Rights, Protections and Benefits (104) Families (54) Seniors (59) Explore your coverage & pricing options

Find out which private insurance plans, public programs and community services are available
to you.

Pick Your StateAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahUS Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingPick Your StateAlabamaAlaskaArizonaArkansasCaliforniaNorth CarolinaSouth CarolinaColoradoConnecticutNorth DakotaSouth DakotaDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaNorthern Mariana IslandsUS Virgin IslandsKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew JerseyNew YorkNew HampshireNew MexicoOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandAmerican SamoaTennesseeTexasUtahVermontVirginiaWest VirginiaWashingtonWisconsinWyoming–

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Verizon Sets Up Captive Insurer in N.J.; State Now Has 4 Captives

May 8, 2012Email ThisPrintNewslettersTweetArticleComments

New Jersey officials announced this week that the state approved a captive insurance company for telecommunications services giant Verizon Communications Inc.

The new captive, called Exchange Indemnity Company New Jersey (EICNJ), is a subsidiary of Verizon and the first captive insurer approved in New Jersey this year, and there are more companies with “applications in the pipeline,” according to state officials.

Last year, the department of banking and insurance approved three captives, after the state’s Captive Insurers Act was enacted in Feb. 2011.

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