Act of God Clause in Insurance Policy
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Auto –Accidents - What Is “No-Fault” Insurance?
AUTO –ACCIDENTS - WHAT IS “NO-FAULT” INSURANCE? If you are injured in a car accident who pays your medical bills? Believe it or not, your medical insurance carrier does not have the primary responsibility to pay your medical bills for injuries sustained in an automobile accident - The applicable automobile insurance carrier does. But remember, if your injuries or above a certain threshold you can still sue the person who cause your injuries for money damages above what the applicable automobile insurance carrier provides. In New York State each automobile insurance policy must provide coverage known as Personal Injury Protection (“PIP”) and typically referred to a “No-Fault” insurance. Medical bills, some or all of the injured party’s lost wages and other expenses are paid from this portion of the policy, whether or not the injured party caused the accident. So if were in a car accident driving your own vehicle and you are injured as a result of another person's negligence, the no-fault portion of your automobile insurance policy will cover your medical bills to the extent that you have coverage. If your coverage runs out other insurance will kick in. The New York State Insurance Law, requires that all automobile insurance policies issued in this state contain a Personal Injury Protection (“PIP”) or “No-Fault” endorsement with a minimum of $50,000.00 in coverage. Generally speaking, this coverage extends to the driver and passengers in a covered vehicle, as well as to a pedestrian struck by the covered vehicle. The coverage “kicks in” regardless of fault in connection with an accident; under most circumstances, a covered individual will be afforded certain enumerated benefits regardless of that individual’s fault in connection with the happening of the accident. -
AUTOMOBILE INSURANCE TOOLKIT Automobile Insurance Toolkit
Florida Department of Financial Services AUTOMOBILE INSURANCE TOOLKIT Automobile Insurance Toolkit Insurance coverage is an integral part of a solid financial foundation. Insurance can help us recover financially after illness, accidents, natural disasters or even the death of a loved one. There are a wide variety of insurance products available and choosing the correct type and amount of coverage can be a challenge. This toolkit provides information to assist you with insuring your automobile and tips for settling an automobile insurance claim. TABLE OF CONTENTS Click a title or page number to navigate to a section. 01 Coverages & Minimum Requirements - 4 Coverage Descriptions - 5 Insurance Requirements for Special Cases - 8 02 Underwriting Guidelines - 11 Underwriting Factors That Cannot Affect Your Ability to Purchase Insurance - 11 Underwriting Factors That Affect Your Insurance Policy Premium - 12 Other Factors Affecting Your Premiums - 13 Shopping for Auto Insurance - 13 03 Automobile Claims - 14 Actions to Take Before and After an Auto Accident - 14 Disputing Claim Settlements - 16 04 Shopping for Coverage Checklist - 17 01 Coverages & Minimum Requirements In Florida, vehicle owners may be required to The second type of auto insurance is outlined in the purchase two types of auto insurance. Florida Financial Responsibility Law. It requires drivers The first type of auto insurance is outlined in the who have caused accidents involving bodily injury/death Florida Motor Vehicle No-Fault Law (s. 627.736, Florida or received certain citations, to purchase bodily injury Statutes). It requires every person who registers a liability (BI) coverage with minimum limits of $10,000 vehicle in Florida to provide proof they have personal per person and $20,000 per accident, referred to as injury protection (PIP) and property damage liability split limits. -
Frequently Asked Questions About Emergency Order 2020-1 and 2020-2
OFFICE of the INSURANCE COMMISSIONER WASHINGTON STATE Frequently Asked Questions: OIC Emergency Orders 20-01 and 20-02 and other COVID-19 related issues April 7, 2020 (NOTE: Additional FAQ’s may be issued as more information is available) Questions related to Emergency Order 20-02 Directive A: Telemedicine 1. Question: Will OIC be exercising its enforcement discretion to withhold enforcement of violations of the 30 day prompt pay rule for carrier adjudication of telehealth claims to ensure that they are paid at parity with in-person visits? Response: Yes, until April 25, 2020, the OIC will presume that good cause exists for carriers that fail to process telemedicine claims within the timeframes outlined in WAC 284-170-431(2) as long as 95% of all clean telemedicine claims are paid within 45 days of receipt by the responsible carrier or agent of the carrier. WAC 284-43-431(7) provides that providers, facilities, and carriers are not required to comply with the requirement to pay 95% of all clean claims within 30 days of receipt and 95% of all claims, clean or not, within 60 days of receipt, if the failure to comply is occasioned by any act of God, bankruptcy, act of a governmental authority responding to an act of God or other emergency, or the result of a strike, lockout, or other labor dispute. Governor Inslee’s Proclamation 20-29 regarding telemedicine payment parity was issued on March 25 and was effective immediately. For the initial thirty day period that Proclamation 20-29 is in effect, until April 25, 2020, exclusively for purposes of payment of telemedicine claims in compliance with Proclamation 20-29, OIC will presume that a failure to comply with the timeframes in WAC 284-170-431(2)(a)(i-ii) is caused by an act of a governmental authority responding to an emergency under WAC 284-170-431(7). -
Is COVID-19 an Act of God And/Or Will COVID-19 Be a Defense Against Failure to Perform? Swata Gandhi
ALERT Corporate Practice MAY 2020 Is COVID-19 an Act of God and/or Will COVID-19 Be a Defense Against Failure to Perform? Swata Gandhi This is the second in a series of alerts on Force Majeure and Common Law Defenses against failure to perform contracts. In our first alert, we discussed the elements of a force majeure clause and looked at how various states have interpreted force majeure clauses. We focused on how most states take a narrow view of these provisions and they adhere to the plain meaning of the force majeure provisions. This alert takes a look at one event often listed in force majeure clauses – Acts of God. As discussed in our previous alert, some courts will excuse performance of a contract only if the event causing the breach is actually listed in the force majeure clause. Among the list of events that would most likely excuse a failure to perform under a contract due to COVID-19 would be if the force majeure provision listed pandemics, epidemic, health emergencies or government orders or regulations. While your contract may not list these events, most force majeure provisions do include an Act of God. In this alert we look at whether it is likely that courts will find that COVID-19 is an Act of God and if such consideration will actually be a defense against performance of a contract. In general, courts have found that an Act of God is a natural event that would not occur by the intervention of man, but proceeds from physical causes. -
What You Need to Know
What AutoAuto you InsuranceInsurance need to know A consumer information publication The Minnesota Department of Commerce has prepared this guide to help you better understand auto insurance. It gives you information on shopping for insurance, the different types of coverage, and a basic understanding of “no fault” coverage. The Minnesota Department of Commerce regulates insurance agents, agencies, adjusters, and companies operating in Minnesota. If they are licensed to do business in the State, they are responsible for adhering to the laws and rules that govern the industry. This guide does not list all of these regulations. If you have a question about your insurance, please contact the Department’s Consumer Response Team at 651-296-2488, or toll free 800-657-3602. Duplication of this guide is encouraged. Please feel free to copy this information and share it with others. Department of Commerce Auto Insurance can protect you from the financial costs of an accident or injury, provided you have the proper coverage. Yet many people are unclear about what their insurance policy cov- ers until it is too late. They may have difficulties settling a claim or face rate increases or termination of coverage. Auto Insurance I s ... Protection. Insurance is a way of transferring risk for a loss among a certain group of people. You, and others, pay premiums to an insurance company to be reimbursed if you have an acci- dent. The amount you can collect and under what circumstances are outlined in your policy. Required. Under most circumstances, a licensed vehicle in the state of Minnesota must have liability, personal injury protection, uninsured motorist, and underinsured motorist coverage. -
Force Majeure and COVID-19
Force Majeure and COVID-19 Not all “Acts of God” are Created Equal Alec W. Farr 1 Force Majeure Clauses Generally • Civil law concept written into contracts. • A “force majeure” is an adverse event outside the control of the parties that prevents a party from fulfilling a contract. – Also called an “Act of God” clause • Purpose: to limit damages in a case where the reasonable expectation of the parties and the performance of the contract have been frustrated by circumstances beyond the parties’ control. • Generally only excuses performance if it renders performance impossible, not merely harder or more expensive. • Highly dependent on the specific language of the contract and the circumstances of the case -- one size does not fit all. 2 Force Majeure Clauses Generally • Primary issue in determining whether a force majeure clause is applicable: does it list the specific type of event claimed, i.e. a “pandemic” or “epidemic”, as a force majeure event? • Force majeure clauses are interpreted narrowly. • Force majeure event must be the proximate cause of a party’s inability to perform. • The party seeking to invoke force majeure usually must show that it tried to perform. 3 Force Majeure Clauses Generally • Most clauses include a general reference to “Acts of God” • What is an “Act of God”? • Usually means an event outside human control that is so extraordinary and unprecedented as to be unforeseeable. • Most often invoked in cases of natural disasters -- earthquakes, floods, extraordinary weather events, etc. • But not all “Acts of God” are necessarily unforeseeable events that will excuse performance of the contract. -
Welcome to Metlife Auto & Home®
Welcome to MetLife Auto & Home® MetLife Auto & Home is happy to service Massachusetts Assigned Risk Plan policies. Included in this packet is information that will assist you when answering questions for your clients, submitting payments, and providing supporting documentation to us as needed. In addition, we have set up a website for your convenience where this information is also included. It may be helpful to add this to your list of favorites for future reference. www.metlife.com/individual/insurance/auto-insurance/MA-assigned-risk.html Contacts MAIP New Business Processing and Status: 1-800-255-0332 Agency Response Center: 1-800-255-0332 For Agents Only. Please contact the Agency Response Center for all policy changes or endorsements, billing inquiries and changes, and coverage verification. Voluntary Rate Quote: 1-800-545-4282 For Agents Only: The CAR application, in addition to our Supplemental Underwriting Questionnaire, must be completed to receive the most accurate voluntary rate quote. Please feel free to contact us to request a voluntary rate quote for specific risks, once you have obtained all of the necessary information. Correspondence Address: MetLife Auto & Home PO Box 6060 Scranton, PA. 18505-6060 Correspondence Fax: 1-866-743-4890 Claim Department: 1-800-854-6011 Special Investigative Unit (SIU): 1-800-922-FRAUD or 1-800-922-3728 MetLife Auto & Home is a brand of Metropolitan Property and Casualty Insurance Company and its affiliates, Warwick RI L0218502626[exp0121][MA] Page | 1 MAIP Forms and Required Documents Assigned Risk Producer's (ARP) have two business days to mail the signed application, premium deposit, and any other required documents to the Company. -
Cargo Insurance What You Need to Know
Cargo Insurance What You Need to Know Making it easier for you Making it easier for you. Is Your Company Exposed? The rigors of international transit can expose your freight to a number of perils. Fires, collisions, storms, accidents, theft, quarantine, civil unrest and many other factors can result in lost or damaged freight and lead to major financial losses for your company. Reilly International wants you to know the risks and the liabilities, so you can make an informed decision about protecting your freight and safeguarding your company’s financial health. The Limits of Carrier Liability The “General Average” Loss It may surprise you to learn that carriers are not In some situations, you may be financially responsible even necessarily liable for your freight while it is in their if your freight was not lost or damaged. General Average possession. Whether ocean, air, truck or rail, there are refers to a partial ocean marine loss. It is determined when myriad situations where carriers can, and do, deny there is a voluntary sacrifice, e.g. jettisoning cargo or liability. At best, without insurance, you’re in for a long extinguishing a fire, in order to save cargo, vessel or life. and complicated legal process. In many cases, the carrier In a General Average, the loss to vessel and freight is will claim no responsibility and your company will have to identified. The financial burden is then divided between all cover the entire loss. the cargo owners. Your cargo is seized until your company Even if the carrier is found to be negligent, the maximum posts a General Average guarantee. -
Commonwealth of Massachusetts Department of Board No
COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF BOARD NO. 000524-96 INDUSTRIAL ACCIDENTS Adelard Fontaine Employee Evergreen Construction Co. Employer Workers’ Compensation Trust Fund Insurer Eastern Casualty Insurance Co. Insurer REVIEWING BOARD DECISION (Judges Wilson, McCarthy and Smith) APPEARANCES Warren Tolman, Esq., for the employee Paul R. Ingraham, Esq., for the Worker’s Compensation Trust Fund Peter M. Bancroft, Esq., for Eastern Casualty Insurance Co. Tracey E. Palmer, Esq., for the employer WILSON, J. The Workers’ Compensation Trust Fund appeals from a decision in which an administrative judge found it liable for the payment of compensation benefits to an employee who was injured while working for an uninsured employer. The Trust Fund contends that the decision is contrary to law. It argues 1) that Eastern Casualty Insurance Co., which was on the risk prior to the injury, failed to properly “terminate” the policy in accordance with the provisions of G.L. c. 152, § 65B, and 2) that Eastern Casualty is estopped from denying coverage because it accepted the employer’s premium payment. Because the judge’s subsidiary findings of fact sufficiently support his conclusion that Eastern Casualty properly did not renew its policy of insurance with the employer for non-payment of the renewal premium, and adequately notified the employer of such action, we affirm the decision. The employee suffered an industrial injury on February 20, 1996. Upon being informed by the Department of Industrial Accidents that the employer was not insured for Adelard Fontaine Board No. 000524-96 workers’ compensation claims on the date of injury, the employee instituted a claim against the Trust Fund for payment of compensation benefits. -
Homeowners Endorsements
HOMEOWNERS ENDORSEMENTS POLICY FORMS AND ENDORSEMENTS FOR FLORIDA Name Description Credit Disclosure Credit Disclosure Notice HO 00 03 04 91 Homeowners 3 Special Form HO 00 04 04 91 Homeowners 4 Contents Broad Form HO 00 06 04 91 Homeowners 6 Unit Owners Form HO 00 08 04 91 Homeowners 8 Modified Coverage Form HO 04 10 04 91 Additional Interests - Residence Premises HO 04 16 04 91 Premises Alarm or Fire Protection System HO 04 30 04 91 Theft Coverage Increase HO 04 40 04 91 Structures Rented To Others - Residence Premises HO 04 41 04 91 Additional Insured - Residence Premises HO 04 42 04 91 Permitted Incidental Occupancies HO 04 48 04 91 Other Structures HO 04 81 12 13 Actual Cash Value Loss Settlement HO 04 94 06 97 (06-07) Exclusion for Windstorm Coverage HO 04 96 04 91 No Coverage for Home Day Care Business HO 17 32 04 91R (06-07) Unit Owners Coverage A - Special Coverage HO 17 33 04 91 Unit Owners Rental to Others HO 23 70 06 97 Windstorm Exterior Paint or Waterproofing Endorsement HO 23 74 12 13 Replacement Cost Loss Settlement Endorsement UPCIC 00 07 (02-12) Sinkhole Loss Coverage - Florida UPCIC 01 03 06 07 Law and Ordinance Increase to 50% UPCIC 03 33 07 08 Limited Fungi, Wet or Dry Rot, or Bacteria UPCIC 04 33 07 08 Limited Fungi, Wet or Dry Rot, or Bacteria UPCIC 04 90 04 91 (06-07) Personal Property Replacement Cost UPCIC 06 03 32 08 Limited Fungi, Wet or Dry Rot, or Bacteria UPCIC 06 33 07 08 (1) Limited Fungi, Wet or Dry Rot, or Bacteria UPCIC 08 33 07 08 Limited Fungi, Wet or Dry Rot, or Bacteria UPCIC 10 01 98 (06-07) Existing Damage Exclusion UPCIC 14 01 98 Amendment of Loss Settlement Condition - Florida UPCIC 16 01 98 Loss Assessment Coverage UPCIC 19 01 98 Windstorm Protective Devices UPCIC 23 12 13 Special Provisions - Florida UPCIC 23 01 16 Special Provisions - Florida UPCIC 25 01 98 (06-07) Hurricane Deductible UPCIC 3 01 98 Outline of Your Homeowner Policy UPCIC Privacy UPCIC Privacy Statement UPCIC SPL (05-08) Swimming Pool Liability Exclusion Universal Property & Casualty Insurance Company 1110 W. -
AFA30: Allstate Fire and Casualty Insurance Company Auto Policy
Allstate Fire and S Casualty Insurance CompanyA Auto Policy NEVADA Policy: M Effective: Issued to: P L E D O C U M E AFA30 N T Allstate Fire and Casualty Insurance Company TABLE OF CONTENTS Insured Persons ..............................................11 Definitions ......................................................11 GENERAL ...........................................................2 Exclusions What Is Not Covered ...................11 WhenSAnd Where The Policy Applies ...............2 Payment of Benefits; Autopsy ........................11 Limited Mexico Coverage ................................2 Consent of Beneficiary .................................... 12 Changes ..........................................................2 Proof of Claim; Medical Reports......................12 Duty To Report Policy Changes .......................3 Combining LimAits Of Two Or More Autos Part 4 Automobile Disability Income Protection Prohibited ....................................................3 Coverage CW........................................12 Transfer ..........................................................3 Insuring Agreement.........................................12 Cancellation ................................M ....................3 Insured Persons...............................................12 Termination .....................................................4 Definitions ......................................................12 Payment ..........................................................4 Exclusions What Is Not Covered ...................12 -
The RAM Health Insurance Cooperative Is NOW Thriving
Health Insurance Cooperative The RAM Health Insurance Cooperative is NOW thriving – and growing – in 2020! The program offers RAM members: A 3% DISCOUNT OFF PREMIUM RATES FOR SMALL BUSINESSES IN THE SMALL GROUP MARKET (Groups of 1-50 employees) ACCESS TO EVERY SMALL GROUP PLAN OFFERED BY BCBSMA & ALMOST ALL SMALL GROUP PLANS OFFERED BY FALLON HEALTH DEFINED CONTRIBUTION OPTIONS TO ADDRESS THE NEEDS OF BOTH YOUR BUSINESS AND YOUR EMPLOYEES And for those members who choose a BCBSMA plan, the program also offers additional value-added benefits including: A WELLNESS PROGRAM WITH POTENTIAL EMPLOYEE INCENTIVES OF UP TO $300 AND AN OPPORTUNITY TO EARN 7.5% IN BACK END EMPLOYER INCENTIVES A FREE SUPPLEMENTAL HOSPITALIZATION POLICY FOR ALL SUBSCRIBERS, WHICH COVERS $750 FOR A HOSPITAL ADMISSION AND $150 EACH ADDITIONAL DAY UP TO 10 DAYS A FREE $10,000 LIFE INSURANCE POLICY FOR ALL SUBSCRIBERS Visit www.retailersma.org or call us at (617) 523-1900 to learn more! Health Insurance Cooperative Dear RAM Member, RAMHIC is a service of the Retailers Association of Massachusetts—the leading voice for more choice and fairer premiums for small businesses and their employees in the Massachusetts insurance market. RAMHIC is an important example of our efforts to deliver economic equality for Main Street. Since the adoption of universal healthcare in Massachusetts, small businesses have received disproportionate increases in their health insurance premiums compared to their large competitors and government programs. In response, RAM fought for the creation of small business group purchasing cooperatives designed to allow like-minded businesses to join together and negotiate with carriers for reduced premium rates based on the projected experience of the group.