Consumer's Guide to Homeowners Insurance
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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. -
Statement of Additional Optional Coverages Not Included in the Standard Homeowner's Insurance Policy
DISTRICT OF COLUMBIA PROPERTY INSURANCE FACILITY Statement of Additional Optional Coverages Not Included in the Standard Homeowners Insurance Policy Your Facility’s homeowners insurance program provides coverage on a named peril basis. This statement provides a list of the types of additional optional insurance coverages that are available. Contact your insurance producer or the Facility if you are interested in any of these optional coverages. 1. Coverage for Water Backup through Sewers or Drains (HO 04 95) - for losses that result from water backing up through sewers or drains. This optional coverage provides coverage up to $5000 for damage caused by water which backs up through sewers or drains or which overflows from a sump. A $250 deductible applies. 2. Increased Personal Liability - Increased limits of $200,000 and $300,000 are available for an additional premium. 3. Earthquake Coverage (HO 04 54) - Earthquake coverage is available for an additional premium. Special deductible provisions apply. (Not available with HO-8) 4. Sinkhole Coverage (HO 04 99) - Property coverage may be extended to include direct loss by sinkhole collapse. Sinkhole collapse means damage caused by collapse of the earth supporting property resulting from subterranean voids created by the action of water on limestone-like formations. 5. Premises Alarm or Fire Protection System (HO 04 16) - provides for a reduced premium because of the presence of burglar alarms, fire alarms or automatic sprinklers that are approved and properly installed and maintained in the dwelling. 6. Identity Fraud Expense Coverage (HO 04 55) - This provides coverage up to $15,000 for expenses incurred by you as the direct result of identity theft. -
Consumers Guide to Auto Insurance
CONSUMERS GUIDE TO AUTO INSURANCE PRESENTED TO YOU BY THE DEPARTMENT OF BUSINESS REGULATION INSURANCE DIVISION 1511 PONTIAC AVENUE, BLDG 69-2 CRANSTON, RI 02920 TELEPHONE 401-462-9520 www.dbr.ri.gov Elizabeth Kelleher Dwyer Superintendent of Insurance TABLE OF CONTENTS Introduction………………………………………………………………1 Underwriting and Rating………………………………………………...1 What is meant by underwriting and how is it accomplished…………..1 How are rates and premium charges determined in Rhode Island……1 What factors are considered in ratemaking……………………………. 2 What discounts are used in determining final premium cost…………..3 Rhode Island Automobile Insurance Plan…………………..…………..4 Regulation of Rates……………………………………………………….4 The Tort System…………………………………………………………..4 Liability Coverages………………………………………………………..5 Coverages Other Than Liability…………………………………………5 Physical Damage to the Automobile……………………………………..6 Other Optional Coverages………………………………………………..6 The No-Fault System……………….……………………………………..7 Smart Shopping……………………………………………………………7 Shop for True Comparison………………………………………………..8 Consumer Protection Available...…………………………………………8 What to Do if You are in an Automobile Accident………………………9 Your State Insurance Department………………………………….........9 Auto Insurance Buyer’s Worksheet…………………………………….10 Introduction Auto insurance is an expensive purchase for most Americans, and is especially expensive for Rhode Islanders. Yet consumers rarely comparison-shop for auto insurance as they might for other products and services. Auto insurance companies vary substantially both in price and service to policyholders, so it pays to shop around and compare different insurance companies. This guide to buying auto insurance was developed to help you become a more knowledgeable policyholder and to get the combination of price and service best suited to your needs. It provides information on how to shop for coverage and how insurance premiums are determined. You will also find an Auto Insurance Buyer’s Worksheet in the guide to help you compare premium prices among insurers. -
Auto Insurance and How Those Terms Affect Your Coverage
Arkansas Insurance Department AUTOMOBILE INSURANCE Asa Hutchinson Allen Kerr Governor Commissioner A Message From The Commissioner The Arkansas Insurance Department takes very seriously its mission of “consumer protection.” We believe part of that mission is accomplished when consumers are equipped to make informed decisions. We believe informed decisions are made through the accumulation and evaluation of relevant information. This booklet is designed to provide basic information about automobile insurance. Its purpose is to help you understand terms used in the purchase of auto insurance and how those terms affect your coverage. If you have questions or need additional information, please contact our Consumer Services Division at: Phone: (501) 371-2640; 1-800-852-5494 Fax: (501) 371-2749 Email: [email protected] Web site: www.insurance.arkansas.gov Mission Statement The primary mission of the State Insurance Department shall be consumer protection through insurer insolvency and market conduct regulation, and fraud prosecution and deterrence. 1 Coverages Provided by Automobile Insurance The automobile insurance policy is comprised of several separate types of coverages: COLLISION, COMPREHENSIVE, LIABILITY, PERSONAL INJURY PROTECTION, UNINSURED MOTORIST, UNDERINSURED MOTORIST and other coverages. You are required by law to purchase liability protection only. All others are voluntary unless required by a lienholder. LIABILITY Under Legislation passed in 1987 and 1999, it is unlawful for any person to operate a motor vehicle within this state unless the vehicle is insured with the minimum amount of liability coverage: $25,000 for bodily injury or death of one person in any one accident; $50,000 for bodily injury or death of two or more persons in any one accident and $25,000 for damage to or destruction of the property of others. -
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. -
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. -
Attachment II
California Department of Insurance Eight-Hour Mandatory Long-Term Care Course Attachment II Tax Treatment of Long-Term Care Insurance & Expenses Introduction Federal and state tax codes have a purpose beyond raising revenue. Public policy is often served by providing economic relief to taxpayers or motivation for particular behavior. The 1996 Health Insurance Portability and Accountability Act (HIPAA – Public Law 104-191, 110 Stat. 1936, 2054 and 2063) is one of the most far-reaching laws passed by Congress in the latter part of the 20th century. The effects of HIPAA are so complex that federal and state governments as well as the insurance and health care industry continue to grapple with it. By including long-term care insurance in HIPAA, Congress attempted to fulfill a number of different public policy objectives including: (1) classifying long-term care costs as a medical expense thus providing taxpayers with some economic relief; (2) categorizing long-term care insurance as accident and health insurance thereby providing clarity as to the tax treatment of premiums and benefits; and (3) providing the general public an incentive to purchase private long-term care insurance. In addition, as Federal and State governments recognized that long-term care expenses were having a significant financial impact on state Medicaid (Medi-Cal) budgets, Congress was attempting to shift the financial burden of Medicaid to the private sector by providing general tax incentives to purchase long- term care insurance in anticipation of the huge number of baby boomers who may need care in the future. Note: The information provided in this treatise gives a broad description of the tax issues related to long-term care and long-term care insurance. -
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.