belt and suspenders approach to contractual liability coverage, The
Rough Notes, Sep 2003 by Malecki, Donald S
Understand the interaction between contractual liability and additional insured status
For whatever reason, some people occasionally wear both a belt and suspenders. It probably boils down to being a matter of one’s tastes. If applied properly, however, only one of the two is necessary. The same protocol applies when dealing with the insurance equivalent of belt or suspenders, which is the interaction between contractual liability and additional insured status. Both complement one another, but only one is necessary.
Thus, if an indemnity agreement is considered to be void and unenforceable for some reason, so, too, is the contractual liability coverage (the belt). When this happens, the indemnitee (the one who seeks to transfer the financial consequences of risk to the indemnitor) can then fall back on its status as an additional insured (the suspenders).
If, on the other hand, the indemnity agreement is not considered to be void and unenforceable, neither is status as an additional insured. The question then is: Which of the two should apply? The answer is: the broader of the two.
Many people in the insurance and risk management industry are familiar with how this concept works. Others are not. Unfortunately, some within this latter category are the product development personnel of insurance companies, or those, some of whom may be attorneys, who are responsible for drafting forms. The result can be utter confusion, despair, argument, and litigation.
It really is not certain whether those responsible for drafting policy provisions are ignorant of how the belt or suspenders concept is supposed to apply, or are well aware of how the concept should work, but have no intention of seeing that the concept works properly. Sometimes it’s a combination of both.
If one were to trace the evolution of contractual liability coverage, one would note an eventual broadening over the decades since it became available. Insurers at first provided very limited coverage. Referred to as “limited contractual,” it was nothing more than a reaffirmation of the indemnitor’s common law responsibility. Coverage, therefore, was limited solely to protecting the indemnitee because of what the indemnitor did. This coverage, in other words, did not involve any assumption of the indemnitee’s negligence. Today, this is known in CGL policy parlance as liability for damages that the insured would have in the absence of a contract or agreement.
A bold move occurred in 1941 when coverage was extended to five types of agreements-the same five that currently exist when a contractual limitation endorsement is attached (discussed in the June 2003 edition of this column). While these agreements, such as leases and easements, are limited in number, they do cover the sole fault of the indemnitee. They also apply to liability assumed by the “insured” as opposed to the “named insured.”
Degrees of fault transfer
With the increasing demand for broader coverage and competition, however, two additional forms of indemnity agreements were added to contractual liability coverage
Coughs, cold, and flu
0 Comments | Saturday Evening Post, Jan-Feb, 2009 | by Cara Acklin
You’ve heard it before, but the most effective strategy to fight germs is to wash your hands regularly. Using soap and warm water is best, and alcohol-based hand sanitizers are a good alternative when away from a sink. Get plenty of rest and eat well, too. If you do get a cold, your local pharmacist can help find a cold medication to treat the symptoms that are bothering you and to avoid drug combinations that either don’t treat your symptoms or target ones you don’t have
MultiPlan Congratulates Holiday Card Winners
Market Wire, October, 2008
MultiPlan, Inc., the nation’s oldest and
largest independent PPO network, announced the winners of its annual
Holiday Card Program:
-- Edinburg Children's Hospital, Edinburg, Texas
-- Metro Health Medical Center, Cleveland, Ohio
-- Winchester Hospital, Winchester, Massachusetts
As one of MultiPlan’s most popular initiatives, the Holiday Card Program
invites pediatric patients in participating MultiPlan and PHCS network
hospitals to enter their drawings for a public vote on the MultiPlan
website. The five drawings that receive the most votes are featured on
holiday greeting cards, produced courtesy of MultiPlan. All hospitals that
submitted drawings receive a supply of cards for use in fundraising, at
holiday events and to sell in their gift shops.
Nearly 4,800 people participated in this year’s voting. The top five
drawings are featured on MultiPlan’s website at:
http://www.multiplan.com/providers/holidaycardprogram.cfm .
“This program is extremely rewarding,” says Paul Goldstein, Chief Medical
Officer for MultiPlan. “It offers hospitalized children around the country
an outlet to express their creativity, while continuing MultiPlan’s
longstanding support of the community relations objectives of our
participating hospitals.”
In addition to the Holiday Card Program, MultiPlan provides participating
hospitals with Jeep PowerWheels(TM) toy cars through its Toy Car Program,
and awards annual grants to qualifying hospitals through its Rural Health
Outreach Grant Program.
About MultiPlan
MultiPlan is the industry’s most comprehensive provider of medical cost
management solutions. The company provides over 2,100 clients with a single
gateway to a host of primary, complementary and out-of-network strategies
for managing the financial risks associated with healthcare claims. Clients
include large and mid-sized insurers, third party administrators,
self-funded plans, HMOs and other entities that pay claims on behalf of
health plans. Services include PHCS Network, the country’s leading
independent primary PPO network, The MultiPlan Network, the national
network most often used to complement a primary PPO, fee negotiation
services, a
Wisconsin-based primary PPO and a national transplant network. Well over
600,000 providers participate with MultiPlan through these networks.
Incorporated in 1980, MultiPlan is owned by a group of investors led by The
Carlyle Group
Legal
Utah Business, June, 2008
Our panel of industry experts covered the gamut of topics in our seventh annual legal roundtable. As the economy dips, firms are adjusting to meet the needs of industry, while also focusing on ways to better serve the large corporate client.
The panel also discussed recruiting and mentoring trends for young associates, supporting the state’s startup businesses and the changing role of technology in the legal field.
We’d like to give a special thank you to V. Lowry Snow, of Snow Jensen & Reece and President of the Utah Bar Association, for moderating the discussion and Holland & Hart for hosting the event.
The economy is front and center in the news. What are your thoughts about the state, regional and national economies and some of their effects on your firm?
JARVIS: I’m business bankruptcy attorney and I think it’s very clear the economy is going through a recession. We’re feeling the effects in Utah and our section s becoming increasingly busy. We are a counter practice with a corporate group. And it doesn’t mean the deals aren’t being done and litigation isn’t being pursued, but it’s just done with an overlay of bankruptcy or receiverships or workouts. So all of the legal services that are provided by our firm are impacted even when the economy is down. It’s just done with a little bit different focus.
BABCOCK: We’re a boutique firm and we specialize in constrction. With the market the way it is right now, there’s been a significant change in the landscape. Banks have tightened up financing, developments have been put on hold, some have been abandoned in bankruptcy. A lot of people are now involved in more lien claims, credit issues are tightening up, and in the residential arena you see these big developments where there’s lots out there to be purchased and homes that are on the market, but the banks have tightened up the loans so much that properties just aren’t moving. The economy is making our practices a lot more work as it gets in trouble.
RUSSELL: I tend to be somewhat on the other side of that. I do a lot of work for little insurance companies and it is noticeably different now than it was six months ago. There’s a lot more mechanics’ liens filed and pursued than there were six months ago. It seems that when the economy is good, concerns or problems don’t seem to surface as much. When the economy turns, suddenly people are not getting along and you end up with a log more litigation over things that you probably wouldn’t have litigated about in a good economy. The legal business tends to be a little countercyclical in that when the economy slows down sometimes, some aspects of what we do pick up.
SCOTT: One thing that has happened in the municipal finance industry is the issue of credit enhancement. Utah bond issuers, by and large, tend to be very good credits, but still are benefited by credit enhancement. And Ambac and some of the other bond insurers have had downgrades and they’re looking for institutions that can enhance their credit. And so those institutions that have good credit, banks like JP Morgan and Wells Fargo, find themselves in a very favorable position to help out in those markets, and institutions whose credit has slipped or failed, I think are having their difficulties magnified. So it’s a time of turmoil and a time when I think those in capital markets, for better or for worse, have lots of problems to be solved.
MOFFITT: M&A; work is down, particularly on the national level, and that’s a result of the crisis in the credit markets. They may well be what’s driving the recession to some extent. Valuations of businesses are down perhaps one lawyers grand rapids to one-and-a-halfturns over what they were a year ago. It’s affecting capital structures. On a local level, it’s probably not having as much effect because the size of our transactions are smaller. Local banks have always been more conservative in their lending practices and habits. So smaller and mid-cap deals are still being done, albeit there are not as many of them. But larger national deals have really dried up and they’re just not being done right now.
BATEMAN: I guess I can impart a small ray of sunshine to the news. Historically, IP firms shift into litigation mode when the economy goes down. People prosecute patents when the economy is good, they fight over them when the economy is bad. We have not seen a downturn. In fact, I have been holding off hiring in fear of the downturn and we’re swamped with mostly prosecution work, and what I would expect is more litigation work. So small tech companies, who are typically our clients, apparently have a rosy view of at least the long term and we’re still actively pursuing intellectual property today.
BILLINGS: The unusual thing I have seen with this downturn is interest rates are low
CAPITAL NETWORKS OFFERS NEW SOFTWARE FOR EDUCATION SECTOR.
Productivity Software, September, 2009
Capital Networks Ltd (CNL), Ontario, Canada, a leading global provider of broadcasting and dynamic digital signage software, has announced a new market initiative into the US Education sector. The Audience.Campus offering has been designed specifically for educational installations, enabling high schools, colleges and universities to improve communication with students across multi-site campuses, as well as within individual faculties or departments. The solution can run up to 100 channels simultaneously through a single deployment which ensures that individual departments can control the content on their broadcasts and deliver hyper-local information like room schedules, or class notifications all of which can be uploaded easily by staff or students.
CNL has…
Golden Eagle Insurance™ Offers Onboard Advisor™ for Commercial Fleets
Business Wire, May 19, 2009
Unique solution improves fleet safety, productivity, and provides
insurance discounts
SAN DIEGO — Golden Eagle Insurance, a Liberty Mutual Agency Markets regional
company, is offering California commercial fleets Onboard Advisor, a
first-of-its-kind fleet management solution that helps companies
increase fleet safety and productivity, save on commercial auto
insurance premiums, and much more.
In this challenging business climate, Onboard Advisorâs real time
vehicle tracking and daily driver reports can improve routing and
dispatching and help fleet owners reduce expenses on fuel, maintenance,
and overtime.
âOnboard Advisor puts a fleet manager in the driverâs seat of every
vehicle with daily, weekly, and monthly performance tracking,â said
Thomas M. Troy, executive vice president and chief operating officer,
Liberty Mutual Agency Marketsâ Regional Companies Group, of which Golden
Eagle Insurance is one of eight regional companies. âItâs the first
GPS-based product to harness multiple technologies to yield direct,
measurable savings as well as significant insurance discounts.â
Onboard Advisorâs Insurance Advisor⢠component rewards safe fleet
management with an average discount of 15% in the first year with a
Golden Eagle Insurance commercial auto policy, and a maximum discount of
up to 40% based on fleet performance in renewal years. Companies can
start saving immediately with Onboard Advisor because there are no
upfront fees for the hardware and installation, and only a low monthly
per-unit service fee for the fully integrated fleet management solution.
How Onboard Advisor Works
Mobile Advisor⢠is the GPS-based technology that updates a vehicleâs
position in real time. For greater efficiency, fleet managers can map
and optimize routes as traffic circumstances warrant. Mobile Advisor can
also send email alerts about extreme driving or let managers know if a
vehicle is driven outside of its designated territory.
Performance Advisor⢠is the marketplace differentiator, providing a
suite of functions not currently available on other GPS fleet systems.
This safety component gathers in-depth driver and vehicle data and sends
analysis to a fleet managerâs desktop dashboard. Performance Advisor
uses onboard sensors to identify unsafe driving and inefficient fuel
economy and scores each vehicle. Color-coded icons show exactly what
driving behaviors contributed to high, medium, or low risks during all
vehicle trips. This allows managers to pinpoint driving behavior and
improve safety and fuel efficiency.
âWeâve developed these tools so companies can take an active role in
risk management and improve safety on their routes,â said Pete
McPartland, president and chief executive officer, Golden Eagle
Insurance. âLoss prevention works best when itâs a two-way street. Our
commercial policyholders strive for consistent safety records and the
result is increased cost efficiencies and significant insurance
discounts.â
With continued instability of fuel costs, Onboard Advisorâs Fuel
Advisor⢠component is a fuel management system that helps businesses
monitor and control spending. The no fee fuel card provides up to three
cents off every gallon of gas purchased at most major gas stations
nationwide. Fuel Advisor monitors expenditures online by capturing
driver ID and odometer readings to ensure a company vehicle is being
fueled and unapproved purchases are not being made.
Comprehensive online training for Onboard Advisorâs web tools and
reports is included for new customers
Rising Demand From the Overseas and Domestic Markets is Boosting China’s Car DVD Player Production
Business Wire, July 29, 2008
DUBLIN, Ireland — Research and Markets (http://www.researchandmarkets.com/research/df2ae5/china_sourcing_rep) has announced the addition of the “China Sourcing Report: Car DVD Players” report to their offering.
Based on in-factory tours
Home to over 300 car DVD player suppliers, China produced about 8 million units in 2007 with sales of about $1 billion, of which 80% were exported. This year, exports are pegged to increase by 10 to 20 percent on average.
China makers are strengthening core technology and product differentiation to stay ahead of the competition.
Be there to catch the market boom by contacting the right car DVD player supplier in China. Your very own copy of this report will help you:
– Determine which makers are integrating add-on functions, complete car electronic systems and developing the car PC with integrated entertainment functions
– Find out which vendors are fast-tracking the development of compatible models for newly launched vehicles
– Discover which suppliers are sourcing TFT-LCD panels from CPT, LG Display, Samsung, Panasonic and Sharp
With profiles of 40 suppliers, 152 products and a comprehensive overview of China’s car DVD players market, this report will answer all these questions … and MORE.
What you’ll get
– In-depth profile tables for 28 leading China-based manufacturers — detailing their background, manufacturing and export strengths, R&D; plans and more. Based on factory visits and personal interviews with senior managers, this information is not available anywhere else
– Short profiles of 12 additional makers highlighting key sourcing information including company details, production capacity and key export markets
– A gallery of the 152 most popular export models complete with full-color photographs and top-line specifications
– The results of Global Sources’ latest supplier survey, forecasting production, export and R&D; trends for the next 12 months
– Lists of the top 10 exporters for each type of product covered in this report: in-dash, sun visor, flip down, headrest and car DVD players without monitors
– A price guide that lists specific features and functions buyers can expect per price range
– An easy-to-use table of verified contact details — including contact person, phone numbers, email addresses and website URLs — to help you reach the makers featured in this report
The booming global market for car multimedia systems has propelled China’s car DVD player industry to prominence. In 2007, China suppliers produced about 8 million car DVD players on sales of approximately $1 billion. Export sales are expected to grow by 10 to 20 percent on average in 2008.
The US used to be the main export destination for aftermarket car DVD players from China suppliers. However, the weakness in the US economy has made it a less attractive export market, a situation aggravated by the continued appreciation of the yuan against the US dollar. Hence, many suppliers are shifting their attention to other export markets.
Suppliers are also starting to realize the huge sales potential in the domestic market
Old Hat
Government Executive, Jul 15, 2008 by Shoop, Tom
C-title executives have gained real clout. They’ll need it BY TOM SHOOP
In the long history of the federal bureaucracy, the concept of C-title executives in various disciplines qualifies as a recent innovation.
Their statutory existence can be traced to the 1990 Chief Financial Officers Act, which mandated the appointment of top finance officials at key agencies. Six years later, the Clinger-Cohen Act did the same thing for chief information officers. In short order, other disciplines followed, such as the human capital, acquisition and information security officers highlighted-along with the CFOs and CIOs-in this special issue.
By now, though, the chiefs have been around long enough to have gone through some growing pains and emerged as leaders with, on the whole, a fair amount of clout. Even chief human capital officers-only four years old as an official entitybelieve they have a seat at the table among their agencies’ top leaders, Brittany Ballenstedt and Alyssa Rosenberg report.
The C-title folks who are political appointees will make their exit when the Bush administration departs in January. For them, it’s all about building a legacy and leaving a team in place that can ensure a smooth transition to the new bosses-who may have a very different set of priorities than the current leadership. The career chiefs, on the other hand, will need to help manage the transition and make sure that the new political bosses can begin to make their mark immediately
South Bay’s Leading Volleyball Training Facility Announces Summer 2009 Indoor Camp and Clinics Program
Business Wire, July 01, 2009
Beach Cities Volleyball Club Offers Family Assistance Program
REDONDO BEACH, Calif. — Beach
Cities Volleyball Club (BCVC)
is one of the South Bayâs leading Volleyball training facilities. Since
its inception in 2000, BCVC has taught thousands of young adults in
Southern California how to improve their life skills through the sport
of volleyball. Many of its past students such as Vince
Altamura, Lauren
Bledsoe, Lindsay
Martin, Matt
Thobe and Jessica
Hardy have gone on to have success at the national collegiate level.
With more than 250 former and current players currently competing for
high school and junior high school teams, BCVC is primed for success.
Beach Cities Volleyball Club (BCVC) is a non-profit organization.
Due to the current economic environment, this year Beach Cities
Volleyball is offering a âFamily Assistance Programâ to ensure that all
children will be able to participate in a rewarding volleyball
experience. âOur Family Assistance Program is an attempt to cross
economic barriers and help children from less privileged families to
have the opportunity to participate in the wonderful sport of
volleyball,â said Chip Schulte, Founder and President of Beach Cities
Volleyball. âIt allows families with less than $47,900 in total income
to receive a significant reduction in camp tuition,â said Schulte. It is
important to note that the Family Assistance Program is based entirely
on financial need without regard to the playerâs volleyball experience
or abilities.
Currently in 22 communities, BCVC boasts not only the largest
memberships of all the clubs in the South Bay but is also home to one of
the most diverse staffs. This diversity is an asset as the club
assembles teams of kids from beach communities to the inner city as they
strive to be an organization that helps remove barriers in kidsâ lives
and future development.
This summer, Beach Cities will be offering an indoor volleyball summer
camp experience for children in the South Bay who want to learn the
fundamentals of volleyball. The camps are offered in two three-hour
sessions. An all day session is also offered for participants who want
to step up their play to the next level of experience. This session is
also attractive to families with two working parents.
BCVC will also be offering intermediate and advanced indoor volleyball
clinics for high school and club players who had exposure to volleyball
and want to improve their volleyball experience.
Beach Cities Volleyball programs offer a great student to coach ratio
usually six to one or better. Campers are placed in groups of similar
age & experience. The camps are held at a variety of communities in the
South Bay including Manhattan Beach, Torrance, Westchester and El
Segundo. Coaches will include a variety of high school coaches, as well
as college players and some with International team experience.
About Beach Cities Volleyball
Beach Cities Volleyball Club is a 501(c)(3) California Corporation in
good standing with the IRS and Franchise Tax Board. The Mission
Statement of Beach Cities Volleyball is to teach life skills and
volleyball skills to young people between 7 and 18 years of age
Cars and trucks pile up on slick Indiana freeway
Deseret News (Salt Lake City), Feb 21, 2008
MICHIGAN CITY, Ind. (AP) — More than 2 dozen cars and trucks piled up in a chain-reaction wreck Wednesday on a slippery section of I-94 in northern Indiana, police said.
No serious injuries were reported, state police Sgt. Ann Wojas said.
Up to 3 inches of snow fell in the area during the night and snow was falling heavily at the time of the midmorning crash, which closed a six-mile stretch of I-94’s westbound lanes for about seven hours.
Wojas said the crash involved 15 cars and 12 tractor-trailer rigs about three miles east of the Michigan City exit on I-94.