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Dog attacks and dog bites are in the news everywhere. The rules in insurance and in case law are now well documented and precedented and follow the “one free bite rule.” This means that a dog’s owner is not liable for their dog’s first bite. A dog owner will be found liable for his dog’s viciousness only if the owner had prior “notice” of the dog’s vicious propensity.
If the dog has had no history then the dog owner will not liable for the attack even if the injuries are disfiguring and serious. The owner would be liable, however if the dog attacked people prior in another attack issue only after the “notice.”
If the plaintiff cannot show prior attacks by notice, then the owner will not be liable since the dog has no violent history. The reasoning is that there would be no way that the owner would have any idea or belief that the dog would be violent.
The courts have ruled that it is not possible to judge a dog liable by breed. Even the appellate courts have ruled that a breed such as
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Following are the key elements of our settlement proposal:
-- We have offered immediate reinstatement of the seven individuals the Department originally asked us to reinstate.
-- We offered to proactively reach out to all others whose coverage rescission were under review by the Department, and offered, at our expense, expedited independent third party reviews using the standard of review which the Department proposed. We have agreed to accept, as final, the decision of the third party reviewer. In any case where it is determined the individual's rights may have been violated, Anthem would pay all out of pocket expenses and offer coverage on a prospective basis.
-- We have been in discussions with the Department regarding a fine and have expressed willingness to settle on terms comparable to all other industry agreements.
-- In addition, Anthem offered to contribute sufficient funds to the state's high risk pool, to eliminate in its entirety the waiting list for coverage so that those in need will have access to health care thereby helping to address
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The law, which was spurred by the trade association Insurance Agents & Brokers, prohibits mortgage lenders from requiring borrowers to insure their property in excess of the value of structures on the land. Previously in Pennsylvania, lenders often required insurance on the full loan value. However, in the event of a loss, a homeowners' insurance policy would only restore the value of the structures.
For example, a homeowner with a $150,000 home on a $50,000 piece of land was often required to obtain a $200,000 homeowners' insurance policy. Yet, if the home burned to the ground, the homeowner would be paid for his loss - $150,000.
"This is a huge victory for consumers," said Tom McElhaney, chairman of IA&B. "Homeowners are no longer forced to pay premiums on unnecessary coverage for which they will never be compensated."
Pennsylvania homeowners are encouraged to check their homeowners' insurance policies and determine if they are paying for coverage on the full property value or on the value of structure(s) on the land. If they have questions or need to adjust their policy, they should contact their insurance agent.
"Prior to passage of this
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The US health care system is missing something necessary to level the playing field between the rising costs of medical care, medical research and the cost to treat all persons in emergency situations. Canada has it and Walmart has it, the United States does not. What is it?
It is buying power!
Health care is becoming one of the most burdensome personal issues for Americans, including coverage for experimental treatments and drugs and long-term care coverage. The problem with the independent system is the lack of power in regards to buying with universal access to control costs in public interest. Even though we value our independent choices and the merge to a government based health care system is certainly inferior and undesirable, it would be in the public interest to create some type of system that would allow negotiating and buying power as seen in a company such as Walmart. Private-public mergers and cooperation could create massive buying power to battle negotiating, rising medical costs, well-health care, coverage for minors and experimental treatments.
For example, the Washington Post reports that six hospitals in New Jersey have closed in the past eighteen months and nine others are operating at a
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Recently, The US Court of Appeals for the District of Columbia reversed a lower court decision that allowed an investor to keep on file a registered complaint about a Maryland stockbroker with BrokerChek at FINRA. The conclusion was a result of a case that claimed to protect the public interest to protect the complaints of unhappy consumers.
Joseph Karsner sought to expunge a complaint from the permanent record in the state of Maryland. The appeal arose when Melanie Lubin, the Maryland securities commissioner, opposed Karsner’s attempt to obliterate an arbitration case from his state licensing record.
In the case of Karsner v. Lothian, Karsner, an insurance agent recommended mutual funds that invested in unsafe stocks. According to court documents, Karsner allegedly put an investor in unsuitable investments and performed negligently in managing the investor's account, resulting in the investor losing more than $104,000.
After the investor complained, the case went to arbitration where the two sides agreed on a settlement with the investor receiving $47,000, but in exchange for the settlement the investor was asked to agree to the stipulation that all referenced about the dispute be dropped from the borker’s Cenral Registration Depository record.
"The Court agreed
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