1) More municipalities have begun charging fees for first responder services like fire departments in non-emergency situations. While the types and rates of fees vary, insurance companies will increasingly see these fees as routine claims costs.
2) Most legal challenges to first responder fees have failed if the fee was authorized by statute and followed statutory procedures. However, fees have been defeated if they lacked statutory authorization, proper certification, or were disproportionate to costs.
3) One trend is municipalities charging non-residents fees for emergency responses, though some states have banned this. Statutes authorizing fees differ significantly between states. Insurance professionals should monitor these laws to understand fee permissibility and excessiveness.
This document is the statement of the National Association of Mutual Insurance Companies submitted to the US Senate Committee on Commerce, Science & Transportation regarding federal involvement in insurance regulation. It argues that a reformed system of state regulation is superior to federal regulation for the following reasons: states understand local needs better; federal regulation could impose unwanted social policies; and a federal system would increase costs and bureaucracy without clear benefits for consumers. The document advocates for reforms to state regulation, especially related to rate-setting, to create a more competitive, consistent system that benefits both consumers and the insurance industry.
This document provides an overview of the IRS whistleblower program. It discusses how the program allows individuals to report tax fraud and receive financial awards. While the program has successfully recovered billions in unpaid taxes, it faces criticisms. Concerns include that the program receives many frivolous claims, moves too slowly in evaluating claims, and pays awards in only a small percentage of cases. The program shows potential to recover even more money if the IRS addressed issues with its efficiency and processing of whistleblower claims.
This document discusses potential amendments to the Federal Medical Care Recovery Act (FMCRA) in order to strengthen the federal government's ability to recover medical expenses from liable third parties. It notes that some state laws, such as no-fault statutes and guest passenger statutes, have allowed states to restrict recovery in ways that undermine the FMCRA. The document analyzes different options for how Congress could amend the FMCRA, such as preempting certain state laws, creating a federal standard for determining liability, or affirming the current statute. Overall, it argues that Congress should consider amendments to clarify its intent and ensure the federal government can fully recover expenses as intended by the FMCRA.
The Strategic American Issue Two: How an Unconstitutional Government Violatio...Joel Drotts
Find out how the unconstitutional practice of the State of California punishing and trying California residence twice for the commission of one crime, is putting those with DUI's on the roads unlicensed at a rate of 100,000+ annually! This despite a DMV report stating the practice should stop, or at the very least shows that the practice has no value or deterring effects on multiple offenders of the DUI laws.
Do I Pay Taxes in Pennsylvania When Someone Leaves Me Money?Joseph M. Masiuk
Taxation is logically going to be a very big concern when you are planning your estate, and it's something that you would be thinking about if you are in line for an inheritance. In this paper we will provide some clarity about taxes on asset transfers. Learn more about taxes in Pennsylvania in this presentation.
12.2.2 gongwer news service (ohio 2011 network enhancements release)hmhollingsworth
This document summarizes testimony given at an Ohio Senate committee hearing on a bill (SB 172) that would allow landlords to collect unpaid rent by deducting money from a tenant's tax refund. Housing advocates and attorneys argued against the bill, saying it favors landlords over tenants and allows the state to act as a debt collector for private entities. Supporters of the bill, like the bill's sponsor, argued it helps landlords recover money from tenants who breach rental agreements. The committee heard differing perspectives on balancing the interests of tenants and landlords.
California’s fault and negligence system tjryanlaw1
This article discusses the California fault and negligence system in place and how this affects filing for a personal injury lawsuit or insurance claim as well as associated damages.
Reprint version JWC_fall06_Harris-TentindoJohn Harris
1. The document discusses the implications of immigration reform on state workers' compensation systems. It focuses on Massachusetts as an example where injured, undocumented workers are entitled to benefits.
2. It outlines a 2003 Massachusetts case where an injured, undocumented immigrant was awarded benefits, establishing precedent. Other states like Maryland and New Jersey have issued similar rulings.
3. A rise in uninsured day laborers, many of whom are undocumented immigrants, is discussed. In Massachusetts, injured workers of uninsured employers can claim benefits from the state Workers' Compensation Trust Fund.
This document is the statement of the National Association of Mutual Insurance Companies submitted to the US Senate Committee on Commerce, Science & Transportation regarding federal involvement in insurance regulation. It argues that a reformed system of state regulation is superior to federal regulation for the following reasons: states understand local needs better; federal regulation could impose unwanted social policies; and a federal system would increase costs and bureaucracy without clear benefits for consumers. The document advocates for reforms to state regulation, especially related to rate-setting, to create a more competitive, consistent system that benefits both consumers and the insurance industry.
This document provides an overview of the IRS whistleblower program. It discusses how the program allows individuals to report tax fraud and receive financial awards. While the program has successfully recovered billions in unpaid taxes, it faces criticisms. Concerns include that the program receives many frivolous claims, moves too slowly in evaluating claims, and pays awards in only a small percentage of cases. The program shows potential to recover even more money if the IRS addressed issues with its efficiency and processing of whistleblower claims.
This document discusses potential amendments to the Federal Medical Care Recovery Act (FMCRA) in order to strengthen the federal government's ability to recover medical expenses from liable third parties. It notes that some state laws, such as no-fault statutes and guest passenger statutes, have allowed states to restrict recovery in ways that undermine the FMCRA. The document analyzes different options for how Congress could amend the FMCRA, such as preempting certain state laws, creating a federal standard for determining liability, or affirming the current statute. Overall, it argues that Congress should consider amendments to clarify its intent and ensure the federal government can fully recover expenses as intended by the FMCRA.
The Strategic American Issue Two: How an Unconstitutional Government Violatio...Joel Drotts
Find out how the unconstitutional practice of the State of California punishing and trying California residence twice for the commission of one crime, is putting those with DUI's on the roads unlicensed at a rate of 100,000+ annually! This despite a DMV report stating the practice should stop, or at the very least shows that the practice has no value or deterring effects on multiple offenders of the DUI laws.
Do I Pay Taxes in Pennsylvania When Someone Leaves Me Money?Joseph M. Masiuk
Taxation is logically going to be a very big concern when you are planning your estate, and it's something that you would be thinking about if you are in line for an inheritance. In this paper we will provide some clarity about taxes on asset transfers. Learn more about taxes in Pennsylvania in this presentation.
12.2.2 gongwer news service (ohio 2011 network enhancements release)hmhollingsworth
This document summarizes testimony given at an Ohio Senate committee hearing on a bill (SB 172) that would allow landlords to collect unpaid rent by deducting money from a tenant's tax refund. Housing advocates and attorneys argued against the bill, saying it favors landlords over tenants and allows the state to act as a debt collector for private entities. Supporters of the bill, like the bill's sponsor, argued it helps landlords recover money from tenants who breach rental agreements. The committee heard differing perspectives on balancing the interests of tenants and landlords.
California’s fault and negligence system tjryanlaw1
This article discusses the California fault and negligence system in place and how this affects filing for a personal injury lawsuit or insurance claim as well as associated damages.
Reprint version JWC_fall06_Harris-TentindoJohn Harris
1. The document discusses the implications of immigration reform on state workers' compensation systems. It focuses on Massachusetts as an example where injured, undocumented workers are entitled to benefits.
2. It outlines a 2003 Massachusetts case where an injured, undocumented immigrant was awarded benefits, establishing precedent. Other states like Maryland and New Jersey have issued similar rulings.
3. A rise in uninsured day laborers, many of whom are undocumented immigrants, is discussed. In Massachusetts, injured workers of uninsured employers can claim benefits from the state Workers' Compensation Trust Fund.
FT Week 7 Crital Thinking in the Legal EnvironmentFelicia Thomas
The document provides an analysis of the Liebeck v. McDonald's Corporation and Pearson v. Custom Cleaners cases. It summarizes the key facts and legal issues of each case. In Liebeck, the plaintiff was severely burned by McDonald's coffee and sued for product liability. In Pearson, the plaintiff sued a dry cleaners for $54 million over lost pants. The document analyzes the applicable laws in each case and whether the court decisions were appropriate. It also discusses the ethical issues raised, such as punitive damages and economic theories of harm.
The memorandum discusses the principle of quantum meruit as it applies to an attorney's right to compensation after being discharged from a case. McDonald and Fontana represented Ida Ipana in a personal injury suit against Shipley Supermarket but were subsequently discharged. Quantum meruit allows an attorney to recover the reasonable value of services rendered to prevent unjust enrichment. Relevant Illinois statutes and case law establish that McDonald and Fontana would likely be entitled to a percentage of any recovery or could place a lien on the case until their fees are resolved.
Fallout from McVey v MLK Enterprises LLC - Cogan's CornerAnthony Roth
Plaintiff attorneys will be forced to recalibrate their risk assessment when it comes to taking a case with liability challenges and trying to reconcile their ideals with the fiscal reality of running a legal practice.
False Claims Act for Labor and Employment and Health Care PractitionersPolsinelli PC
This document summarizes a presentation on the False Claims Act for labor and employment and healthcare practitioners. It discusses an overview of the FCA, recent developments and trends, including the implied false certification theory and circuit split. It covers implications of individual liability under the FCA, trends in corporate integrity agreements, and practical considerations for addressing employee complaints and internal investigations.
This document provides information about a company called Harris & Harris Ltd. that specializes in public sector contracting and project management. It lists the services Harris & Harris provides such as bid response submission, project management, regulatory compliance, and media relations. It also lists the types of public entities they work with such as federal, state, county, and municipal agencies. The document then provides details of Harris & Harris' experience working with various government clients and some of their significant achievements in helping governments increase revenue collection.
This document provides information about the public sector contracting experience of James M. Gilbert and his company. It lists the types of public entities they have experience working with, including various levels of government. It also lists representative clients in both the public and private sectors. Finally, it provides examples of significant achievements in the public sector, including increasing collections for various counties and enacting state laws.
Carr Maloney PC is a litigation firm providing legal services throughout the mid-Atlantic region. The firm helps businesses and individuals meet all of their legal needs by simplifying complex issues. The document discusses recent litigation and regulatory issues affecting for-profit higher education institutions, including increased potential for class action lawsuits against institutions due to new Department of Education regulations prohibiting mandatory arbitration clauses and internal grievance procedures. It also summarizes ongoing litigation seeking more transparency in the USCIS H-1B visa petition process.
The document summarizes the Federal False Claims Act (FCA) and the Anti-Kickback Statute and how they relate. It notes that the FCA prohibits fraudulent claims to the government and provides incentives for whistleblowers. Recent cases have involved healthcare fraud through kickbacks disguised as improper lease or financial arrangements. Strict compliance with anti-kickback safe harbors is required to avoid penalties under the FCA or civil monetary penalties. Violation of the Anti-Kickback Statute can form the basis of a claim under the FCA.
The Tennessee Department of Commerce and Insurance is adopting new unfair claims settlement practice rules to provide minimum standards for claim investigations and dispositions. The new rules add definitions, require prompt acknowledgment and responses to claims, and establish timelines for claim activities. They also outline standards for fair property, auto, and life insurance claim settlements. The new rules are based on National Association of Insurance Commissioners models and were supported by the insurance industry.
The document summarizes the Anti-Kickback Statute, which prohibits offering or paying remuneration to induce patient referrals paid for by Medicare/Medicaid. It discusses how the statute is broadly interpreted to include any payment that could influence referrals. Exceptions include payments for services and certain investment returns. The Hanlester Network case established that physician ownership in healthcare providers can violate the statute if it induces referrals, even without an explicit agreement. Safe harbor regulations provide exemptions but strict compliance is required.
GARRETSON - NAPOLI BERN RIPKA SHKOLNIK (WTC Plaintiff Receive Approximately $...VogelDenise
GARRETSON - NAPOLI BERN RIPKA SHKOLNIK (WTC Plaintiff Receive Approximately $125 Million)
This information is being shared because United States President Barack Obama, his Administration, his Legal Counsel (Baker Donelson Bearman Caldwell & Berkowitz), The Garretson Resolution Firm and other CONSPIRATORS/CO-CONSPIRATORS are trying to keep the PUBLIC/WORLD from obtaining documents Newsome is sharing.
Provides information as to the REASONS why the FEDERAL BUREAU OF INVESTIGATION, JUDICIAL COMPLAINTS and CONGRESSIONAL COMPLAINTS Filed by Vogel Denise Newsome are being OBSTRUCTED from being PROSECUTED!
Garretson Resolution Group appears to be FRONTING Firm for United States President Barack Obama and Legal Counsel/Advisor (Baker Donelson Bearman Caldwell & Berkowitz) which has submitted a SLAPP Complaint to OneWebHosting.com in efforts of PREVENTING the PUBLIC/WORLD from knowing of its and President Barack Obama's ROLE in CONSPIRACIES leveled against Vogel Denise Newsome in EXPOSING the TRUTH behind the 911 DOMESTIC TERRORIST ATTACKS, COLLAPSE OF THE WORLD ECONOMY, EMPLOYMENT violations and other crimes of United States Government Officials. Information that United States President Barack Obama, The Garretson Resolution Group, Baker Donelson Bearman Caldwell & Berkowitz, and United States Congress, etc. do NOT want the PUBLIC/WORLD to see. Information of PUBLIC Interest!
GARRETSON RESOLUTION GROUP - Handles The SETTLEMENT Payouts In the World Trad...VogelDenise
GARRETSON RESOLUTION GROUP - Handles The SETTLEMENT Payouts In the World Trade Center 911 Responders Matter
Garretson Resolution Group appears to be FRONTING Law Firm for United States President Barack Obama and Legal Counsel/Advisor (Baker Donelson Bearman Caldwell & Berkowitz) which has submitted a SLAPP Complaint to OneWebHosting.com in efforts of PREVENTING the PUBLIC/WORLD from knowing of its and President Barack Obama's ROLE in CONSPIRACIES leveled against Vogel Denise Newsome in EXPOSING the TRUTH behind the 911 DOMESTIC TERRORIST ATTACKS, COLLAPSE OF THE WORLD ECONOMY, EMPLOYMENT violations and other crimes of United States Government Officials. Information that United States President Barack Obama, The Garretson Resolution Group, Baker Donelson Bearman Caldwell & Berkowitz, and United States Congress, etc. do NOT want the PUBLIC/WORLD to see. Information of PUBLIC Interest!
The document discusses the history and current state of the billable hour system used by law firms to bill clients. It traces the evolution of the billable hour from a flat fee system in the early 20th century to the widespread adoption of hourly billing by law firms in the 1960s. It also examines how courts have ruled that paralegal time can be billed at market rates and outlines best practices for law firms to accurately track and bill for paralegal time in order to receive full compensation.
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
Divided Tax Court Rules Against IRS in Rent-A-Center Captive CaseBrown Smith Wallace
In January, a long-awaited decision in the court case Rent-A-Center v. Commissioner addressed the deductibility for federal income tax purposes of premium payments made by brother/sister entities to a commonly controlled captive insurance company. Alan Fine, Partner, Insurance Advisory Services, discusses the lessons learned and remaining unanswered questions in the linked Captive Insurance Times article.
The document discusses conditional fee arrangements (CFAs) which were introduced in 1995 and will replace legal aid for personal injury cases except medical negligence. It examines how CFAs work, including success fees of up to 100% that the losing party must pay. While CFAs have increased access to justice for some, research also found they have not benefited the poorest clients and some cases have fees well above 100%.
The Federal Trade Commission charged a background check company, HireRight Solutions Inc., with violating the Fair Credit Reporting Act for failing to ensure the accuracy of reports provided to employers. This represents progress in regulating an industry that provides criminal background checks for 9 in 10 companies but has allowed flawed data to damage job seekers. As part of a settlement, HireRight will pay penalties and improve procedures to update records and notify consumers of disputes. However, more oversight is still needed of an industry that has grown with little regulation.
Unclaimed life insurance death benefits have become a point of contention between state treasurers and life insurance companies. State treasurers argue that insurance companies are avoiding handing over unclaimed funds to profit off interest, while insurers say they are following regulations. Some states have begun aggressive audits of insurers using private firms. To defend themselves, insurers need to proactively search for beneficiaries, anticipate changing laws, and create integrated processes to efficiently handle unclaimed benefits.
Duty to Defend Triggered Where Government Communicates "Explicit or Implicit ...NationalUnderwriter
An appellate court in Washington has ruled that the term “suit” in commercial general liability (“CGL”) insurance policies was ambiguous in the context of a duty to defend “any suit” when an owner of contaminated property faced strict liability under the Model Toxics Control Act (“MTCA”), Chapter 70.105D RCW. The appellate court also decided that such strict liability may trigger the duty to defend under CGL insurance policies even if no government agency has taken or overtly threatened formal legal action – at least where a government agency has communicated an explicit or implicit threat of immediate and severe consequences by reason of the contamination.
Discover the Beauty and Functionality of The Expert Remodeling Serviceobriengroupinc04
Unlock your kitchen's true potential with expert remodeling services from O'Brien Group Inc. Transform your space into a functional, modern, and luxurious haven with their experienced professionals. From layout reconfiguration to high-end upgrades, they deliver stunning results tailored to your style and needs. Visit obriengroupinc.com to elevate your kitchen's beauty and functionality today.
FT Week 7 Crital Thinking in the Legal EnvironmentFelicia Thomas
The document provides an analysis of the Liebeck v. McDonald's Corporation and Pearson v. Custom Cleaners cases. It summarizes the key facts and legal issues of each case. In Liebeck, the plaintiff was severely burned by McDonald's coffee and sued for product liability. In Pearson, the plaintiff sued a dry cleaners for $54 million over lost pants. The document analyzes the applicable laws in each case and whether the court decisions were appropriate. It also discusses the ethical issues raised, such as punitive damages and economic theories of harm.
The memorandum discusses the principle of quantum meruit as it applies to an attorney's right to compensation after being discharged from a case. McDonald and Fontana represented Ida Ipana in a personal injury suit against Shipley Supermarket but were subsequently discharged. Quantum meruit allows an attorney to recover the reasonable value of services rendered to prevent unjust enrichment. Relevant Illinois statutes and case law establish that McDonald and Fontana would likely be entitled to a percentage of any recovery or could place a lien on the case until their fees are resolved.
Fallout from McVey v MLK Enterprises LLC - Cogan's CornerAnthony Roth
Plaintiff attorneys will be forced to recalibrate their risk assessment when it comes to taking a case with liability challenges and trying to reconcile their ideals with the fiscal reality of running a legal practice.
False Claims Act for Labor and Employment and Health Care PractitionersPolsinelli PC
This document summarizes a presentation on the False Claims Act for labor and employment and healthcare practitioners. It discusses an overview of the FCA, recent developments and trends, including the implied false certification theory and circuit split. It covers implications of individual liability under the FCA, trends in corporate integrity agreements, and practical considerations for addressing employee complaints and internal investigations.
This document provides information about a company called Harris & Harris Ltd. that specializes in public sector contracting and project management. It lists the services Harris & Harris provides such as bid response submission, project management, regulatory compliance, and media relations. It also lists the types of public entities they work with such as federal, state, county, and municipal agencies. The document then provides details of Harris & Harris' experience working with various government clients and some of their significant achievements in helping governments increase revenue collection.
This document provides information about the public sector contracting experience of James M. Gilbert and his company. It lists the types of public entities they have experience working with, including various levels of government. It also lists representative clients in both the public and private sectors. Finally, it provides examples of significant achievements in the public sector, including increasing collections for various counties and enacting state laws.
Carr Maloney PC is a litigation firm providing legal services throughout the mid-Atlantic region. The firm helps businesses and individuals meet all of their legal needs by simplifying complex issues. The document discusses recent litigation and regulatory issues affecting for-profit higher education institutions, including increased potential for class action lawsuits against institutions due to new Department of Education regulations prohibiting mandatory arbitration clauses and internal grievance procedures. It also summarizes ongoing litigation seeking more transparency in the USCIS H-1B visa petition process.
The document summarizes the Federal False Claims Act (FCA) and the Anti-Kickback Statute and how they relate. It notes that the FCA prohibits fraudulent claims to the government and provides incentives for whistleblowers. Recent cases have involved healthcare fraud through kickbacks disguised as improper lease or financial arrangements. Strict compliance with anti-kickback safe harbors is required to avoid penalties under the FCA or civil monetary penalties. Violation of the Anti-Kickback Statute can form the basis of a claim under the FCA.
The Tennessee Department of Commerce and Insurance is adopting new unfair claims settlement practice rules to provide minimum standards for claim investigations and dispositions. The new rules add definitions, require prompt acknowledgment and responses to claims, and establish timelines for claim activities. They also outline standards for fair property, auto, and life insurance claim settlements. The new rules are based on National Association of Insurance Commissioners models and were supported by the insurance industry.
The document summarizes the Anti-Kickback Statute, which prohibits offering or paying remuneration to induce patient referrals paid for by Medicare/Medicaid. It discusses how the statute is broadly interpreted to include any payment that could influence referrals. Exceptions include payments for services and certain investment returns. The Hanlester Network case established that physician ownership in healthcare providers can violate the statute if it induces referrals, even without an explicit agreement. Safe harbor regulations provide exemptions but strict compliance is required.
GARRETSON - NAPOLI BERN RIPKA SHKOLNIK (WTC Plaintiff Receive Approximately $...VogelDenise
GARRETSON - NAPOLI BERN RIPKA SHKOLNIK (WTC Plaintiff Receive Approximately $125 Million)
This information is being shared because United States President Barack Obama, his Administration, his Legal Counsel (Baker Donelson Bearman Caldwell & Berkowitz), The Garretson Resolution Firm and other CONSPIRATORS/CO-CONSPIRATORS are trying to keep the PUBLIC/WORLD from obtaining documents Newsome is sharing.
Provides information as to the REASONS why the FEDERAL BUREAU OF INVESTIGATION, JUDICIAL COMPLAINTS and CONGRESSIONAL COMPLAINTS Filed by Vogel Denise Newsome are being OBSTRUCTED from being PROSECUTED!
Garretson Resolution Group appears to be FRONTING Firm for United States President Barack Obama and Legal Counsel/Advisor (Baker Donelson Bearman Caldwell & Berkowitz) which has submitted a SLAPP Complaint to OneWebHosting.com in efforts of PREVENTING the PUBLIC/WORLD from knowing of its and President Barack Obama's ROLE in CONSPIRACIES leveled against Vogel Denise Newsome in EXPOSING the TRUTH behind the 911 DOMESTIC TERRORIST ATTACKS, COLLAPSE OF THE WORLD ECONOMY, EMPLOYMENT violations and other crimes of United States Government Officials. Information that United States President Barack Obama, The Garretson Resolution Group, Baker Donelson Bearman Caldwell & Berkowitz, and United States Congress, etc. do NOT want the PUBLIC/WORLD to see. Information of PUBLIC Interest!
GARRETSON RESOLUTION GROUP - Handles The SETTLEMENT Payouts In the World Trad...VogelDenise
GARRETSON RESOLUTION GROUP - Handles The SETTLEMENT Payouts In the World Trade Center 911 Responders Matter
Garretson Resolution Group appears to be FRONTING Law Firm for United States President Barack Obama and Legal Counsel/Advisor (Baker Donelson Bearman Caldwell & Berkowitz) which has submitted a SLAPP Complaint to OneWebHosting.com in efforts of PREVENTING the PUBLIC/WORLD from knowing of its and President Barack Obama's ROLE in CONSPIRACIES leveled against Vogel Denise Newsome in EXPOSING the TRUTH behind the 911 DOMESTIC TERRORIST ATTACKS, COLLAPSE OF THE WORLD ECONOMY, EMPLOYMENT violations and other crimes of United States Government Officials. Information that United States President Barack Obama, The Garretson Resolution Group, Baker Donelson Bearman Caldwell & Berkowitz, and United States Congress, etc. do NOT want the PUBLIC/WORLD to see. Information of PUBLIC Interest!
The document discusses the history and current state of the billable hour system used by law firms to bill clients. It traces the evolution of the billable hour from a flat fee system in the early 20th century to the widespread adoption of hourly billing by law firms in the 1960s. It also examines how courts have ruled that paralegal time can be billed at market rates and outlines best practices for law firms to accurately track and bill for paralegal time in order to receive full compensation.
Chicago Daily Law Bulletin - Complicated case spells out principles on unjusPaul Porvaznik
The appellate court provided guidance on unjust enrichment and constructive trusts through a complicated case involving a commercial tenant's bankruptcy. The landlord had been assigned the approved claim in bankruptcy court but kept the funds rather than assigning them to the lender as stipulated. The court found the landlord was bound by the stipulation and unjustly enriched itself by keeping the funds. A constructive trust was imposed because it would be unfair to allow the landlord to retain possession of funds that should have gone to the lender per the stipulation. The case clarified the elements and application of unjust enrichment and constructive trusts.
Divided Tax Court Rules Against IRS in Rent-A-Center Captive CaseBrown Smith Wallace
In January, a long-awaited decision in the court case Rent-A-Center v. Commissioner addressed the deductibility for federal income tax purposes of premium payments made by brother/sister entities to a commonly controlled captive insurance company. Alan Fine, Partner, Insurance Advisory Services, discusses the lessons learned and remaining unanswered questions in the linked Captive Insurance Times article.
The document discusses conditional fee arrangements (CFAs) which were introduced in 1995 and will replace legal aid for personal injury cases except medical negligence. It examines how CFAs work, including success fees of up to 100% that the losing party must pay. While CFAs have increased access to justice for some, research also found they have not benefited the poorest clients and some cases have fees well above 100%.
The Federal Trade Commission charged a background check company, HireRight Solutions Inc., with violating the Fair Credit Reporting Act for failing to ensure the accuracy of reports provided to employers. This represents progress in regulating an industry that provides criminal background checks for 9 in 10 companies but has allowed flawed data to damage job seekers. As part of a settlement, HireRight will pay penalties and improve procedures to update records and notify consumers of disputes. However, more oversight is still needed of an industry that has grown with little regulation.
Unclaimed life insurance death benefits have become a point of contention between state treasurers and life insurance companies. State treasurers argue that insurance companies are avoiding handing over unclaimed funds to profit off interest, while insurers say they are following regulations. Some states have begun aggressive audits of insurers using private firms. To defend themselves, insurers need to proactively search for beneficiaries, anticipate changing laws, and create integrated processes to efficiently handle unclaimed benefits.
Duty to Defend Triggered Where Government Communicates "Explicit or Implicit ...NationalUnderwriter
An appellate court in Washington has ruled that the term “suit” in commercial general liability (“CGL”) insurance policies was ambiguous in the context of a duty to defend “any suit” when an owner of contaminated property faced strict liability under the Model Toxics Control Act (“MTCA”), Chapter 70.105D RCW. The appellate court also decided that such strict liability may trigger the duty to defend under CGL insurance policies even if no government agency has taken or overtly threatened formal legal action – at least where a government agency has communicated an explicit or implicit threat of immediate and severe consequences by reason of the contamination.
Similar to First responder fees claims becoming routine for insurers (20)
Discover the Beauty and Functionality of The Expert Remodeling Serviceobriengroupinc04
Unlock your kitchen's true potential with expert remodeling services from O'Brien Group Inc. Transform your space into a functional, modern, and luxurious haven with their experienced professionals. From layout reconfiguration to high-end upgrades, they deliver stunning results tailored to your style and needs. Visit obriengroupinc.com to elevate your kitchen's beauty and functionality today.
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Industrial Tech SW: Category Renewal and CreationChristian Dahlen
Every industrial revolution has created a new set of categories and a new set of players.
Multiple new technologies have emerged, but Samsara and C3.ai are only two companies which have gone public so far.
Manufacturing startups constitute the largest pipeline share of unicorns and IPO candidates in the SF Bay Area, and software startups dominate in Germany.
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[To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
This presentation is a curated compilation of PowerPoint diagrams and templates designed to illustrate 20 different digital transformation frameworks and models. These frameworks are based on recent industry trends and best practices, ensuring that the content remains relevant and up-to-date.
Key highlights include Microsoft's Digital Transformation Framework, which focuses on driving innovation and efficiency, and McKinsey's Ten Guiding Principles, which provide strategic insights for successful digital transformation. Additionally, Forrester's framework emphasizes enhancing customer experiences and modernizing IT infrastructure, while IDC's MaturityScape helps assess and develop organizational digital maturity. MIT's framework explores cutting-edge strategies for achieving digital success.
These materials are perfect for enhancing your business or classroom presentations, offering visual aids to supplement your insights. Please note that while comprehensive, these slides are intended as supplementary resources and may not be complete for standalone instructional purposes.
Frameworks/Models included:
Microsoft’s Digital Transformation Framework
McKinsey’s Ten Guiding Principles of Digital Transformation
Forrester’s Digital Transformation Framework
IDC’s Digital Transformation MaturityScape
MIT’s Digital Transformation Framework
Gartner’s Digital Transformation Framework
Accenture’s Digital Strategy & Enterprise Frameworks
Deloitte’s Digital Industrial Transformation Framework
Capgemini’s Digital Transformation Framework
PwC’s Digital Transformation Framework
Cisco’s Digital Transformation Framework
Cognizant’s Digital Transformation Framework
DXC Technology’s Digital Transformation Framework
The BCG Strategy Palette
McKinsey’s Digital Transformation Framework
Digital Transformation Compass
Four Levels of Digital Maturity
Design Thinking Framework
Business Model Canvas
Customer Journey Map
The Most Inspiring Entrepreneurs to Follow in 2024.pdfthesiliconleaders
In a world where the potential of youth innovation remains vastly untouched, there emerges a guiding light in the form of Norm Goldstein, the Founder and CEO of EduNetwork Partners. His dedication to this cause has earned him recognition as a Congressional Leadership Award recipient.
Starting a business is like embarking on an unpredictable adventure. It’s a journey filled with highs and lows, victories and defeats. But what if I told you that those setbacks and failures could be the very stepping stones that lead you to fortune? Let’s explore how resilience, adaptability, and strategic thinking can transform adversity into opportunity.
Profiles of Iconic Fashion Personalities.pdfTTop Threads
The fashion industry is dynamic and ever-changing, continuously sculpted by trailblazing visionaries who challenge norms and redefine beauty. This document delves into the profiles of some of the most iconic fashion personalities whose impact has left a lasting impression on the industry. From timeless designers to modern-day influencers, each individual has uniquely woven their thread into the rich fabric of fashion history, contributing to its ongoing evolution.
The Steadfast and Reliable Bull: Taurus Zodiac Signmy Pandit
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First responder fees claims becoming routine for insurers
1. View this article online:
http://www.insurancejournal.com/magazines/features/2011/09/05/213493.htm
First Responder Fees Claims Becoming
Routine for Insurers
While fee recovery by fire departments is nothing new, an increasing number of local
municipalities have begun to charge for first responder, primarily fire department,
services. Though the types of fees and rates vary considerably, one thing is clear — the
recovery of fees by first responders is here to stay and insurance companies will see those
fees as part of routine claim submissions.
During the 1970s, a new legal theory emerged regarding the collection of fees for
emergency services known as the “free public services doctrine” or the “municipal cost
recover rule.” This doctrine is built on the notion that a governmental entity may not
recover costs of public services incurred responding to a tortfeasor’s act. Instead, these
costs are presumed to have already been borne by the public as a whole through taxation,
and to allow the collection of such costs would constitute double recovery for the
governmental entity.
The “free public services doctrine” has two major exceptions. First, “[a] municipal
corporation may, however, avoid this non-recovery rule by statute.” Second, a
governmental entity may recover emergency services costs “by alleging that the county
utilized emergency services to protect property of its own.”
These exceptions, primarily exempted by statute, have largely eroded the free public
services doctrine. Only eight states — Arizona, Delaware, Hawaii, Iowa, Kansas, Maine,
New York, and South Dakota — still adhere to the doctrine.
Legal Challenges
Despite the prevalence of statutes authorizing first responders to charge service fees,
there are a number of legal challenges in case law. Successful challenges have focused on
lack of statutory authorization to charge a fee or noncompliance with statutory
procedures.
In Board of Supervisors of Fairfax County v. U.S. Home Corp., the defendants caused a
gasoline leak and were charged for abatement and remediation costs. Defendants
2. successfully defeated the costs on the grounds that there was no authorizing statute and
the county did not invoke the emergency services to protect any property of its own.
Since this decision, Virginia has enacted legislation requiring responsible parties to
contribute to a cleanup fund; thus, the case may now be moot under Virginia law. This
case may still provide persuasive authority in states where there is no authorizing statute
to charge for emergency services.
In a case in Massachusetts, American Commercial Financial Corp. v. Seneca Insurance
Co., an insurer was charged $3,934 by a fire department for “fire watch” services after
the sprinkler system in an insured’s building failed. The charges were not provided under
contract and there were no town laws which revealed a “requirement that the fire
department charge for administering a fire watch when a sprinkler system becomes
inoperable.” As a result, the court held that the insurer was not responsible for these
charges.
Where there has been an authorizing statute for first responders to charge for services,
there is only one successful challenge published. In Atwater Township Board of Trustees
v. Welling, the Ohio Court of Appeals vacated a $600 fire department charge to a heating
oil tank spill, despite finding the fee “necessary and reasonable.”
The court found the fee impermissible because the township did not follow the
procedures prescribed by the statute. The township also failed to certify its costs with the
county prosecutor, and the prosecutor further failed to make the required 30-day demand
for payment prior to filing suit. Thus, the defendant was not liable for response costs.
This case stands for the proposition that authorized emergency service fees can be
defeated if the procedures prescribed by the statute are not followed.
Other challenges have been less successful. In the same Ohio Court of Appeals seven
years earlier, the reasonableness of emergency services fees charged from a fire
department responding to an overturned diesel tanker were discussed in Knox County
Local Emergency Planning Commission v. Santmyer Oil Co.
In addition to the unreasonableness of the fees, the defendant contended the fees were not
based on a detailed record and were unrelated to actual costs of cleanup.
Except for the administrative fee, the court found the remainder of the costs reasonable.
The 15 percent administrative fee, which covered training costs, was deemed
unreasonable because the court found that it bore no relationship to the “necessary and
reasonable, additional or extraordinary costs” collectible under the statute. However, the
court found the $6.50 per volunteer man hour reasonable because it covered labor,
benefits and insurance costs.
In Rizzo v. City of Philadelphia, a group of taxpayers challenged the city’s practice of
charging a fee for emergency medical services provided by the city’s fire department.
The challenge hinged on whether the fees were revenue producing, an impermissible tax,
3. or were merely meant to reimburse the municipality for its administrative and regulatory
costs in providing a service, which would be permissible.
In drawing this distinction, the court announced “the crucial factor in determining
whether a municipal charge for services constitutes a valid regulatory fee is whether the
charge is intended to cover the cost of administering a regulatory scheme or providing a
service.”
The court found the EMS fees to meet this requirement and the taxpayers’ challenge was
dismissed. This case could stand for the proposition that fees in excess of costs incurred
for administering a service may be held to be invalid.
Collectively, case law seems to present the general principle that — where a fee is
authorized by statute, issued pursuant to statutory prescription, and proportional to the
cost of the service rendered — it will be upheld.
A fee may be defeated where there is a lack of detail in the billing, no clear statutory
authorization, disproportional charges, and where statutory procedure is not followed.
It is imperative to examine the state, county or local specific statutory authority before
coming to a conclusion in applying the general principles.
Current Trends
Over the past 15 years, first responder fees were primarily limited to incidents involving
releases of hazardous materials or other non-hazardous spills. First responders often
mitigate the ultimate damages incurred by the responsible party through quick response
and containment of the spilled material, not to mention, in the case of hazardous material
releases, providing protection to the public at large.
Often, the services and related fees reduced the total damage exposure and were well
worth the cost. As with any “service” fee, situations may arise where fees billed are
considerably higher or inconsistent with the services provided. More recently, emergency
response billing fees may include fire departments, ambulance and paramedic, police and
local emergency management services.
One noticeable trend is the billing of nonresidents for emergency response fees.
California appears to be leading the nation in passing statues and ordinances to bill
nonresidents. The rationale is that non-residents do not pay taxes to support the local first
responder budget, thus, if the non-resident is unfortunate enough to be involved in an
incident requiring a fire department response in a jurisdiction with an applicable statute
or ordinance, then that non-resident will be charged for the response.
Though cities nationwide have implemented nonresident first responder fees, at least 10
states have outlawed them. States that do not allow nonresident fees include: Alabama,
4. Arkansas, Florida, Georgia, Indiana, Louisiana, Missouri, Oklahoma, Pennsylvania and
Tennessee.
As case law and the exception to the free public services doctrine illustrate, there must be
a statutory authorization in order for first responders to charge for their services.
Statutes authorizing first responder fees are far from uniform among the states. Sixteen
states authorizing charges only for hazardous cleanups are Alaska, Connecticut, Idaho,
Maryland, Massachusetts, Missouri, Montana, Nebraska, New Hampshire, New Mexico,
North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, and Tennessee. Ohio allows
the responsible party’s taxpayer status to be accounted for in the billing.
General authorization allowing fire departments to charge for services is provided by
statute in Alabama, Arkansas, Florida, Illinois, Louisiana, Michigan, Minnesota,
Mississippi, Oklahoma, South Carolina, Texas, Utah, Vermont, and West Virginia.
Kentucky allows different response costs to be assessed against resident and
nonresidents.
Six states — California, Georgia, Virginia, Washington, Wisconsin, and Wyoming —
have general statutes which allow the municipality, rather than the emergency response
department, to recover costs incurred in responding to emergencies.
As a result of the growing number of state statutes addressing this issue, insureds and
their insurers can expect to see more bills for first responder services. Claim professionals
should keep abreast of state and local governmental statutory developments to assure
permissibility of fees and to challenge those that appear excessive.
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