Trayvon Martin March happened after Tallahassee insurance requirement waived

A March in Florida's capital of the State against the deaths of Trayvon Martin is now rather than after an and the March allows official who steered city, which despite missing liability coverage preceded.
Tallahassee officials had the Christian League councils, that it needed prove that it could against liability claims, self-insure after the NCLC said that there no million dollar liability policies through a municipal regulation needs could get told the organiser March.
The NCLC said that the application was rejected by 12 insurance companies due to the March controversial nature and security concerns.
Tallahassee City Attorney Jim English said the city decided to turn around and remove the insurance requirements, citing concerns about the NCLC first amendment rights.
Not eliminated the risk of a claim and not the NCLC against possible claims to indemnify the decision, he said. However, he said that, in such a case city claims would be a private matter.
"We try as possible regarding the constitutional and community be responsive," English said in a statement. "However, we recommend the NCLC still have to protect insurance coverage for themselves and their organization, if something comes."
In March to the State capital at midday today and last until 16: 00 arrival the NCLC has said that it up to 4,000 people expected to take part.
March is Florida's "stand your ground" law protest, which has come under attack as a result of the death of Martin, 17-year-old black teenager last month in Sanford, Florida, one-quarter clock workers, George Zimmerman was shot dead.

Tornado-Wrecked Dallas Begins Assessing Damage

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The tornado hurtled toward the North Texas nursing home. Physical therapist Patti Gilroy said she saw the swirling mass barreling down through the back door, after she herded patients into the hallway in the order trained: walkers, wheelchairs, then beds.
“It wasn’t like a freight train like everybody says it is,” said Gilroy, who rounded up dozens to safety at Green Oaks Nursing and Rehabilitation Center. “It sounded like a bomb hit. And we hit the floor, and everybody was praying. It was shocking.”
The National Weather Service said as many as a dozen twisters touched down in a wrecking-ball swath of violent weather that stretched across Dallas and Fort Worth. The destructive reminder of a young tornado season left thousands without power and hundreds of homes pummeled or worse.
As the sun rose on April 4 over the southern Dallas suburb of Lancaster, one of the hardest hit areas, it was clear that twisters had bounced in and out of neighborhoods, destroying homes at random. Vehicles were tossed like toys, coming to rest in living rooms and bedrooms.
At one house, a tornado had seemingly dipped into the building like an immersion blender, spinning directly down through an upstairs bedroom and wreaking havoc in the family room below before lifting straight back up and away. A grandfather clock leaned slightly but otherwise stood pristine against a wall at the back of the downstairs room that was filled with smashed furniture and fallen support beams.
Despite the intensity of the slow-moving storms, only a handful of people were hurt, a couple of them seriously, and no fatalities were reported as of late on April 3.
The Red Cross estimated that 650 homes were damaged. Around 150 Lancaster residents stayed in a shelter Tuesday night.
“I guess ‘shock’ is probably a good word,” Lancaster Mayor Marcus Knight said.
The exact number of tornadoes won’t be known until surveyors have fanned across North Texas, looking for clues among the debris that blanketed yards and rooftops peeled off slats. Knight said city officials and weather experts were surveying the stricken areas Wednesday.
April is typically the worst month in a tornado season that stretches from March to June, but Tuesday’s outburst suggests that “we’re on pace to be above normal,” said National Weather Service meteorologist Matt Bishop.
An entire wing at the Green Oaks nursing home in Arlington crumbled. Stunning video from Dallas showed big-rig trailers tossed into the air and spiraling like footballs. At the Cedar Valley Christian Center church in Lancaster, Pastor Glenn Young said he cowered in a windowless room with 30 children from a daycare program, some of them newborns.
Ten people in Lancaster were injured, two of them severely, said Lancaster police officer Paul Beck. Three people were injured in Arlington, including two Green Oaks residents taken to a hospital with minor injuries, Arlington Assistant Fire Chief Jim Self said.
Gilroy said the blast of wind through Green Oaks lasted about 10 seconds. She described one of her co-workers being nearly “sucked out” while trying to get a patient out of the room at the moment the facility was hit.
Joy Johnston was also there, visiting her 79-year-old sister.
“Of course the windows were flying out, and my sister is paralyzed, so I had to get someone to help me get her in a wheelchair to get her out of the room,” she said.
In one industrial section of Dallas, rows of empty tractor-trailers crumpled like soda cans littered a parking lot.
“The officers were watching the tornadoes form and drop,” Kennedale police Chief Tommy Williams said. “It was pretty active for a while.”
Most of Dallas was spared the full wrath of the storm. Yet in Lancaster, television helicopters panned over exposed homes without roofs and flattened buildings. Residents could be seen walking down the street with firefighters and peering into homes, looking at the damage after the storm passed.
Hundreds of flights into and out of Dallas-Fort Worth International Airport and Dallas Love Field were canceled or diverted elsewhere Tuesday. About 500 flights remained grounded Wednesday, airport officials said.
The storms knocked out power for thousands. Utility Oncor said nearly 14,000 homes and businesses, mainly in the Arlington area, still had no electricity early Wednesday.
Meteorologists said the storms were the result of a slow-moving storm system centered over northern New Mexico.
Dixon reported from Lancaster. Associated Press writers Nomaan Merchant, Terry Wallace and David Koenig in Dallas, Betsy Blaney in Lubbock, Angela K. Brown in Fort Worth and Robert Ray in Lancaster contributed to this report.
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Former CEO Zurich Schiro named lead director at Goldman Sachs

The Goldman Sachs Group, a global investment banking and securities firm, said that former Zurich of financial services CEO James j. Schiro to his Board next appointed lead director. Schiro serve also as Chairman of the Board of the corporate governance and Nominating Committee.
James j. Schiro

Schiro has since May 2009 as a Board member at Goldman Sachs was active. He succeeds John Bryan as the company next lead director. Bryan has served on the Board for the New York based investment-banking giant since 1999 but plans this year to retire.
"I am pleased that Jim Schiro is our new lead director and Chairman of the corporate governance and Nominating Committee," said Lloyd Blankfein, CEO of Goldman Sachs Group.
Schiro was CEO of Zurich financial services from May 2002 to December 2009. In addition he was CEO of PricewaterhouseCoopers LLP, a provider of insurance, tax and business consulting services from 1998 to 2002.

Calls show residents in panic about Colorado wildfire

A man who was found dead in his burned house was under the confused and panicking residents, who called authorities of Colorado raged like wildfire close to them.
Police tapes that show by KMGH-TV, that Sam Lucas surprise after responder said expressed it, that the fire was a controlled combustion, despite winds that reached 80 km / h. Lucas and his wife were last week dead in her home found.
One of the other residents called to save the authorities on a woman, who apparently in the fire died. A friend of Ann Appel was concerned for her safety because she was treated for cancer.
The Colorado State Forest Service accepted responsibility for the fire, the 6 square miles in a predominantly rural, mountainous area southwest of Denver charred.
Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Berkley Corp. Forms Berkley public entity manager

W. R. Berkley Corp. made Berkley public entity managers, LLC, the coverings on insurance program public offer individual consumers and groups. Berkley public entity manager is for W. R. Berkley Corp. Member insurance companies draw and will be based in Philadelphia.
Richard B. Vincelette was named President of Berkley public entity managers. Vincelette has 35 years of experience in the property casualty insurance industry, including 25 years of focus on public institution risks. Previously, he served as practice leader for public institution with a large international insurer.
Brian t. Whooley acquisition of Berkley has the senior Vice President - public entity managers. Whooley has more than 25 years of experience in the real estate sector accident insurance. Previously he was the technical Vice President for a large international insurer.

Western security surplus insurance broker Announces personnel changes

Kyle Stevens, President and CEO of Western security surplus insurance, announced organizational changes in the Dallas Office and a new rent for WSS' Roseville, California Office.
Jennie Reed senior broker, regional Vice President promoted has been and will be responsible for the Texas area. Reed will be the main contact for Texas' agents in alignment with WSS area plan and all WSS will monitor marketing products in Texas.
Ron Klimek moves in a marketing role as West-Pro marketing Vice President with a focus on MGA and program products. Agents are his primary responsibility in addition to education work across the country on WSS programs and MGA offers broker. In close cooperation with Stevens, Klimek becomes the current WSS expanding products and programs stay will be charged and is liable for all products by West Pro written.
Northern California Office welcomes Ann Macomber as WSS latest Realtor and Office Manager in Roseville, California, Office. Bay area, Macomber comes to WSS with a wealth of experience in the retail sector and is excited about returning to California from Dallas area.
WSS' West-Pro insurance services is MGA institution located in Dallas. WSS has additional teaching facilities in Roseville, California; Dallas, Texas; and Fullerton, California
Source: Western security surplus insurance broker

VA. DOT urges contractors guilty fraud, used uninsured vehicles

A Staunton contractor due amounted to the Virginia Department of transportation has guilty known for commercial fraud.
Thirty-two-year-old Jeffrey t. Jennings faces up to 15 years in prison.
News-leader reported that Jennings last his appeal week in August County District Court. In exchange for his plea were seven counts dropped get money by mirage.
The State charged with Jennings company, legacy-generators for snow removal services. Augusta County Chief Deputy Prosecutor Ruben Shah said that Jennings filed between 2007 and 2009 wrongly claims paperwork with the Department of transportation was its fleet of vehicles insured.
Shah says that Jennings received thousands of dollars in fees.
Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Arkansas revenue up in March before the forecast

Arkansas sales in March of last year before and official forecasts, to beat, when the State takes saw in almost all large tax collections, the State Tax Office said on 3 April.
The Arkansas Department of finance and Administration said that turnover net available last month was$ 356.3 million. This is 40.5 million $ on March 2011 and $ 42.4 million over the plan. Of the fiscal year-to-date revenue total is $3.3 billion, the above mentioned 94.7 million last year and 62.6 million dollars above forecast. Arkansas fiscal year begins July 1.
Department Director Richard White said that the State planning is not to adjust its forecast upwards due to increased revenue, but said that he believes that it shows that the State is slowly recovering from the economic downturn.
White, "it looks me as it is a continuation of the slowly from recession come," told reporters. "Things are slowly as a whole stronger." We are still wary. "We are not ready to declare victory at this point by all means."
All major tax collections of the State beat the previous year's figures, and almost all of them beat the prognosis. Sales tax collections amounted to $174,7 million 8.2 million $ above last year and $2.9 million on plan
Individual income tax collections amounted to $221.8 million, which is up above $ 18.8 million last year and $ 15.5 million over the plan. Corporate income tax collections $1.6 million on the previous year and the amount is amounted to $59.7 million forecast for the month.
Despite the increased collections, White said that State officials of State sales tax collections are alert. Sales tax collections for the financial year, the total $1.5 billion, are so far $ 26.1 million over the previous year but 22.2 million below forecast.
Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Forces to raise awareness combine CEA and the Red Cross

Involved in what to say about many more such pairings can bring have the California done together earthquake authority and the American Red Cross to try to boost preparedness and recovery if California's next damaging earthquakes.
The two groups are to auction pair, preventive health care and insurance until, believe that you will help awareness of the need for a Earthquak. And both groups say that more such partnerships in the future are likely.
"The value is immeasurable for a number of reasons," said Chris Nance, chief communications officer for CEA by reference to the coupling of the quasi-private insurer with the Red Cross.
The Red Cross and CEA combines an Alliance in the past to promote the willingness of the earthquake in California with the large California ShakeOut, which takes place in October, but "We are envisioning this as a long term relationship," nance said. He added: "One of the first products of this relationship is this auction."
Today begins a new nationwide auction to support the American Red Cross earthquake preparedness campaign sponsored by the CEA.
The auction will run until April 27. 30 Items are about to offer, to see including a Paris Flyaway, Coldplay, a celebrity guided visit to six flags Magic Mountain in Southern California, a new car, to see maps and to meet Celine Dion at Caesars Palace in Las Vegas and Los Angeles Dodger dugout tickets.
Money from the auction goes to the American Red Cross preparedness and response programs in California.  Auction information under GetPreparedCalifornia.orgavailable.
"I think it is a great Alliance," said Harold Brooks, CEO of the American Red Cross Bay area chapter. "It sets the energy and concentration to something that we think is very important: management of and recover from disasters and earthquake."
He added: "I think it's a partnership that can get only stronger and better in the course of time."
American Red Cross has its expertise to prepare a kit, make a family emergency plan, and informed, while CEA residential insurance has lent expertise and loss mitigation skills to promote a comprehensive preparedness plan for residents of California, Brooks said.
California has about two-thirds of the country's earthquake risk, with about 2,000 known error crisscross the State, which produce on average 102 earthquakes per day, according to CEA.
According to the 2010 California multi-hazard mitigation plan, earthquake of magnitude 6 to 6.9 in average strike California every two to three years.
While Red Cross role is often in response to such disasters, Brooks insurance believes much of the care equation.
"A community is restore course faster if a population has insurance," Brooks said.
Promote to earthquake preparedness and earthquake insurance, launched in February its annual 'Marketing value program' to register the agent for CEA and get hundreds of pieces of direct mail marketing promotes pre-printed with the agents name to send potential customers.
As for the connection of CEA Red Cross, nance said that the two groups already looking at further opportunities of for cooperation.
"We are working on other ideas," he said.

Rail crossing collisions down in Louisiana

Officials with the Louisiana Highway Safety Commission say that collisions at level crossings in Louisiana in the 2011from 106 on 96 last year in 2010 dropped.
The Louisiana Operation Lifesaver program also, reported that deaths dropped from 13 to nine by such incidents. Officials said that these improvements in line with national trends were.
The Federal Railroad Administration reported that incidents at public and private from 9.461 in 1981 on 1.956 2011 fell at national level.
According to the statistics published by the Louisiana Operation Lifesaver program, 191 Highway reported train crashes in the northeast Louisiana between 2007 and 2011. Ouachita parish led them with 95.
Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Texas bus inspections get lax supervision despite crashes

Months after their state-certified automotive testing laboratory by federal authorities due to deficiencies in a bus to note that crashed in North Texas has been quoted locked killing 17 passengers, brothers, Alam and Cesar Hernandez of their company. But that doesn't mean that they were the business of the inspection.
Instead, she opened another in the same neighborhood of Houston and still buses as consider participating in the accident. And they did it with the consent of the Texas Department of public safety.
The Hernandez brothers history underscores a phenomenon, the highway safety advocates say long has, perform with deadly consequences - the lack of supervision for the companies, the Government checks of buses and other large commercial vehicles.
Marked records by the associated press show that three of the deadliest bus in recent years increased questions about the commercial vehicle inspection programs in Texas, Illinois and Mississippi crashes and prompted calls from the National Transportation Safety Board for better supervision. Forty people died in this wreck, but the Agency, which the recommendations were directed, the Federal Motor Carrier Safety Administration, has refused to act.
Anne Ferro, which went administrator, FMCSA through a spokeswoman, to comment. The Agency has referred already additional control of the State programs unnecessary.
The lack of action has suffered safety advocates, who believe that government regulators are not attentive to the needs of bus travelers.
"If you can't afford to take a plane and take a bus, go second-rate safety standards, both in terms of equipment and supervision of the Federal Government", said Jacqueline Gillan, President of advocates for Highway and auto safety.
Federal regulations require that commercial vehicles are checked annually. These inspections can be performed by government personnel, private garages or the companies, the vehicles. Passing a roadside inspection can satisfy also the request as long as within the previous year.
More than half the States have no prescribed inspection requirements, they open the motor vehicle itself. And also such garages private with approved are not obliged, subject to those companies to provide or quality quality control.
Safety rules in the Senate on March 14 as part of the highway funding bill would approved force the Federal Government to evaluate State inspection programs, but the legislation has come to a halt in the House.
Former FMCSA Director John Hill said that the Agency does not have the resources to monitor controls State commercial vehicle. He said States typically people who does not employ.
"If the person were the Chairman of the NTSB the head of the FMCSA, I guarantee that he or she would talk differently", said Hill, now a trucking industry consultant.
Documents, recently by the AP cast a new light on the crash in the North Texas town of Sherman, one of the worst in the history of the United States.
NTSB researchers found that a blown tire with Houston's Vietnamese Catholic community to a retreat in Missouri careen caused the bus in August 2008 on the highway. But she found evidence, questioning the Hernandez Brothers business, 5 minute inspections, inspection carried out eight days earlier.
The NTSB report cited evidence that the bus had passed inspection in spite of shortcomings, a tire retreading illegally contain attached, the front axle, and fat contamination in one of the brakes.
The NTSB investigation followed a Texas Department of public safety Trooper, a testing the 5 minute inspections and the Inspector, Cesar Hernandez said.
"In the light of all the circumstances, I seriously feel this 'inspection' was ' pencil whipped cream,"' the Trooper wrote in a note after the accident.
Despite these problems the DPS brothers remains granted Hernandez approval for their new business in May 2010, and it a good reputation, records show.
Yen-Chi Le, a Houston of medical researcher, whose Mutter in the crash died, expressed outrage when she learned that the brothers could check still buses.
"We thought there was no way that would to stay in business," she said. "This makes my stomach turn."
A DPS spokesperson said the Agency does not find of the NTSB or the Trooper "sufficient to justify measures" issues raised against the station. However, the Department said to further research Cesar Hernandez suspension for fake inspections of cars have led the speaker.
The DPS employs more than 200 officers and Auditors to support its vehicle inspection program, and it improves its investigative process under a reorganization plan launched two years ago, the spokesman said.
Messages for the brothers were not returned. A lawyer for Cesar Hernandez said that his client didn't want to discuss the matter.
A further accident refers to similar problems with a bus to pass inspection in Illinois.
The NTSB investigation of the crash 2004 Arkansas determines an inspection by a State-approved garage in Chicago two months previously not noticed cracks in the rail support the engine performed. The error was not the cause of the wreck, the 15 members of a tour group killed, but it should have kept the bus from the road to the NTSB.
The garage conducting was at the time inspections, although three months earlier it had not to notice a hole in a school bus silencer, guilty known to Illinois Department of transportation records.
A spokesman for IDOT said that the garage subject to restrictions not, when it controlled the bus because the school bus negotiated case by a judge had to be. The company later received a one-month suspension due to the school bus violation, and it stopped then examine vehicles as a whole, the spokesman said.
Questions about the effectiveness of the motor to check vehicle their own vehicles allows bus came after a Church through Texas, Louisiana in 2003, killing eight passengers.
The bus hit a tractor trailer of Mississippi, which was parked on the shoulder, because the brakes were smoking. The NTSB blamed the crash on the bus driver, but also found that the tractor in a "serious disrepair" despite passing an inspection performed by the President of the company six months earlier was operated.
Mississippi Lt. Donald McCain said that his condition believes that roadside inspections conducted by law enforcement agencies are sufficiently sure that commercial vehicles are properly respected.
Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Nevada of traffic fatalities jump in the first quarter 2012

The number of road deaths in Nevada jumped by almost 25 percent in the first quarter of 2012, compared with the previous year, according to figures from the State public security.
From January to March 57 people in Nevada road accidents, 11 more than in the previous year died.
"It is really disappointing," said Meg Ragonese with the Nevada Department of transportation. "The State security aim traffic is NULL fatalities."
The report says that 12 pedestrians died in the first quarter, twice as many from the same time last year. Were nine pedestrians killed in Clark County, the most populous state.
45 Total deaths in Clark County for the first three months of the year were also up significantly from 27 in 2011.
Elsewhere, there were three deaths each so far in this year of Elko and Nye County, two in Washoe and one in Douglas, Humboldt, Lander and mineral.
The increase in road deaths frightened servants and comes despite a new stressed concerted campaign, traffic safety and a new law makes it illegal, text or talking on a handheld cell phone while driving. This law to distracted driving to access through 1, took effective Oct. but penalties don't kick, until Jan. 1.
Nevada is "Zero dead" campaign after a record 432 fatalities developed in 2006. In 2011 fell road deaths to 246.
Ragonese but said it is not an obvious cause of the this year's increase.
"Frankly, we just don't know," she said.
Ragonese said that it could be numerous factors, such as the economy or the weather.
The theory that people who lost their jobs in the great recession will require new employment it longer distances to work makes them more vulnerable to traffic crashes commute found _ can have.
A mild winter might also partly responsible.
Brought more people may have warmer weather and an early spring, beginning earlier than normal months out on the streets, as it typical winter had one ice and snow, she said.
"There is no way to pinpoint Locator exactly what could be there," Ragonese said.
Susan Martinovich, Director of the Nevada Department of transportation, said while the State aims to make roads safer, "Road safety ultimately based on each driver."
Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Judge weighs release of insurance monies for MF Global Defense

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Willis North America Adds Three to Personal Lines in California

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Willis North America, a unit of Willis Group Holdings, made three key appointments in its personal lines practice in Califfornia.
The Willis’ personal lines practice provides personal risk solutions and placement services to individuals and families with complex risks.
Tyler Banks has been appointed Western Region Leader of the personal lines practice. He will lead Willis’ personal lines teams in Arizona, California and Washington.  He will be based in Irvine. Prior to Willis, Banks was the Southern California Sales Leader at Marsh Private Client Services in Los Angeles.
Eric Massi was named Personal Risk Advisor in the personal lines practice.  He will focus on driving growth and aligning resources to provide service to clients in the affluent and high net worth space. He will be based in Santa Monica. Prior to Willis, Massi was a sales and risk consultant at Marsh’ private client services in Los Angeles.
Valerie Soubra was named personal risk advisor of the persona lines practice, where she will also focus on provide service to clients in the affluent and high net worth space. Prior to Willis, Soubra served as Sales and Risk Consultant at Marsh Private Client Services in Irvine.

Metrolink Trains Getting GPS-Based Safety Devices

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All Metrolink commuter trains will be outfitted with GPS-based tracking devices by next year, two years ahead of a federally mandated deadline for the safety system, Metrolink officials said.
The $200 million system, known as positive train control, will be the first of its kind among U.S. passenger railroads, The Ventura County Star reported.
It monitors speed and location and can detect whether a train is on the wrong track or has missed signals to slow down, and if so, can automatically stop the train safely.
The system is on an accelerated pace thanks to a $20.9 million grant from the California Department of Transportation.
“That grant will save lives,” Metrolink Board Chairman Richard Katz told the newspaper. “We cobbled together the $200-plus million to fund this project from member agencies and state and federal grants, and this grant from Caltrans, one of the last funding pieces, was an important part of it.”
If the rail system had positive train control in place at the time of the 2008 crash in Chatsworth that killed 25 people, the accident might have been avoided, Katz said.
The grant was part of $203 million in Proposition 1B funding that Caltrans recently awarded to transit systems and cities around the state for more than 80 projects to improve public transit. Approved by California voters in 2006, Proposition 1B provides $3.6 billion over a 10-year period for transit projects.
Katz said positive train control became a higher priority in Washington after the Chatsworth crash that injured 135 people. California’s U.S. senators, Democrats Dianne Feinstein and Barbara Boxer, introduced legislation later signed into law mandating the installation of GPS-based systems on all of the nation’s commuter railroads and some freight lines by 2015.
A portion of the Caltrans grant to Metrolink will go toward ongoing sealed corridor safety measures, including the installation of fences to keep people and vehicles off prioritized tracks, Katz said.
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Santa Fe Sues Aeropostale For Not Paying Living Wage

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The city of Santa Fe is suing retailer Aeropostale, accusing the teen-centric store of not complying with a city ordinance that requires employers to pay a minimum wage.
Santa Fe’s “living wage” ordinance requires all employers to pay a highest-in-the-nation wage of at least $10.29 an hour.
The city sent letters to the clothing chain’s Santa Fe store in October after a worker filed a complaint that she was underpaid. After the store and the company’s New Jersey-based payroll department didn’t respond, the city attorney issued a criminal summons.
The Santa Fe New Mexican reported the company again didn’t respond, so a suit was filed in state district court on March 26.
“I have a concern that because they haven’t responded to any of our letters or notices that they may not be paying the living wage to anybody,” Assistant City Attorney R. Alfred Walker said Friday.
The initial complaint came in September from former employee Brittany Olson, who alleged she was underpaid by $24.91 for less than 11 hours work.
Neither the manager of the local store nor the company’s New York headquarters responded to the New Mexican’s request for comment.
The City Council enacted the ordinance in 2002, and it went into effect in 2004, with an initial minimum wage of $8.50 per hour.
There has been only one previous lawsuit, when the city sued the operator of a fast-food restaurant. The restaurant fought the suit, arguing it had less than 25 employees and therefore was not required to pay the minimum.
The company that owned the restaurant prevailed, but the city has changed it ordinance to include all employers, regardless of how many workers they have.
The city minimum wage has increased, based on rises in the Consumer Price Index’s West Region, almost every year on March 1. The current $10.29 rate is a nickel an hour more than the living wage in San Francisco.
Walker said the vast majority of complaints about the minimum wage are resolved by the city’s Constituent Services office. “Somebody will come in (and) they’ll complain,” he said. “Constituent Services will investigate it and … if it’s a valid complaint, they’ll contact the employer, discuss it with the employer, and the employers usually respond and take care of the situation.”
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Broker Admits Funneling Over $1M in Bribes to N.J. School Official

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A Maryland insurance broker has admitted making more than $1 million in bribes to a former school superintendent in southern New Jersey.
Seventy-year-old Francis X. Gartland of Baltimore pleaded guilty Monday to charges of mail fraud, conspiracy to defraud the IRS and perjury.
Gartland admitted paying Toms River Regional Superintendent Michael Ritacco between $1 million and $2 million from 2002 to 2010 as part of a scheme to keep his contract as the district’s insurance broker. He also admitted using straw donors in 2007 to make illegal campaign contributions to Joseph Vas, the former Perth Amboy mayor who was running for Congress at the time.
Gartland could get more than 20 years in prison when he’s sentenced July 9.
Ritacco’s trial is scheduled to begin April 9.
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Riviezzo Joins Safety National as Business Development Rep.

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St. Louis, Mo.-based Safety National Casualty Corp. announced that James Riviezzo has joined the company as business development representative. He will be based in Safety National’s New York City regional office.
James Riviezzo

With nearly 15 years of insurance and financial services experience, Riviezzo brings a strong background to Safety National. Riviezzo previously served as the assistant vice president at Marsh USA, a division of Marsh & McLennan Cos., where he was responsible for developing cross-operating company revenue opportunities and strategic partnerships encompassing the disciplines of risk management, reinsurance, employee benefits and human capital.
In his new capacity with Safety National, Riviezzo will focus on business development for new and renewal accounts within designated areas of the eastern United States.

Chartis leads CyberEdge Tower

Chartis has introduced CyberEdge Tower, an insurance product, catastrophic network offers security and privacy protection. It offers a total aggregate limits the liability of up to $100 million, which are structured so that to enable the insured continues to cost effectively up to the first $50 million loss. The solution will be supplied through the insurer Chartis specialty risk protector insurance.
With growing concern about the catastrophic cyber-security and data protection requirements, and the likelihood of increased regulation and enforcement, proactive cyber risk and insurance information are addressing. The SEC of the last disclosure guidelines for cybersecurity clarifies that cybersecurity, the risks of an IT Department issue to the meeting room priority should be levied. Companies are therefore consider, whether you can or should keep all the potential risks of a cyber event.
"Before the CyberEdge tower solution company with large Cyber claims had limited low-cost options and were mainly self-insuring," said Chandra Metzler, product line Executive, Chartis financial lines, United States and Canada.
CyberEdge Tower offers customers with Chartis insurance products and treatment, while companies continue to their own losses claimed the cost of financing.

Best confirmed ratings of HDI FTPS. of German industry, Talanx AG

A.M. best Europe - Rating Services Limited has the financial strength rating (FSR) "A" (Excellent) and issuer credit rating (ICR) of "a" by Germany's HDI Haftpflichtverband of der Deutschen Industrie v.a.g. (HDI v.a.g.), the mutual parent company of Talanx AG, confirmed that, in turn, the advanced management holding for all HDI v.a.g. company (together in the group is).

Best confirmed also the FSR of "A" (Excellent) and the ICRs of "a" of the HDI-Gerling Industrie Versicherung AG (HDI-Gerling industry) and its subsidiary HDI-Gerling World Service AG, the leading non-life insurance direct operation within the Talanx AG and HDI-Gerling Lebensversicherung AG (HDI-Gerling life), the leading life insurance operation within the Talanx AG.

In addition, best affirmed the ICR from "Bbb +" of Talanx AG and reaffirmed the debt rating "Bbb" on the junior € 350 million [460.6 million$] child fixed to floating rate notes, issued by 2025 by Talanx AG.

Best's financial strength rating confirmed also the ' A'(Excellent) and issuer credit rating of "a" of the HDI-Gerling Lebensversicherung AG (HG-LV), Talanx life insurance, with stable Outlook for both, such as also his ratings on US operations of the company, Gerling America Division.

The Outlook for all the ratings is stable.

In an similar operation , confirmed best's financial strength rating and the issuer credit rating of "a" Germany's HDI-Gerling Industrie Versicherung AG (HGI) and evaluated subsidiary HDI-Gerling World Service AG (HG WS).

Best said that he expected that Talanx AG "supports still excellent consolidated risk-adjusted market capitalization in 2012 by significant non-realized gains on bond portfolio of the company, as well as retained earnings are expected to show an improvement on 2010."

"Compared to peripheral debt at about 15 percent of the capital and the surplus has Talanx AG a relatively low level of exposure in the third quarter of 2011;" total exposure to peripheral euro zone debt, including mortgage bonds, is higher at about 60% of capital and surplus.

"The Group has also a high degree of exposure to euro zone financial institutions senior and subordinated debt at about 180 percent of the capital and the surplus in the third quarter of 2011." However, a significant portion of this debt in German and Dutch financial institutions finds a good credit rating, with much of the blame also secure life liabilities with the potential for losses of policyholders are absorbed. "This negative assessment factors are partly by the heavy shift within the portfolio of compared to German corporate and sovereign debt, which in recent months clearly estimated offset."

Best explained also, that it "2011 to increase the net income, after tax and minorities to about 400 million euros [US$ 526.4 million] of 220 million [$ 290] in 2010 expected Talanx AG, driven by good underwriting results across all lines of business with the exception of the non-life reinsurance, heavy losses suffered the disaster." Net profit of € 220 million was effort of 2010 through a series of one-time restructuring expenses as well as costs associated influenced activities in the group with the merge of the Aspecta life.

The report pointed out that "Talanx AG benefits an excellent profile in the German and international reinsurance markets." The Group has a number of strategic acquisitions in the course of the year, which are expected to improve their business profile within the international retail. The recently announced acquisition of TU Europe SA (Towarzystwo Ubezpiecze? Europe SA and Towarzystwo Ubezpiecze? na ?ycie Europe) and TUiR Warta S.A. (Towarzystwo ubezpieczen I Reasekuracji Warta S.A.) business profile of the group in the target markets of Poland and Eastern Europe should improve.

"Overall, premium growth is international lines (in particular Brazil and Poland) and non-life reinsurance of around 5 percent in 2012 with growth primarily through retail expected (due to the higher interest rates and new business gains)." The Division retail Germany should remain flat as declining life offset sales growth in non-life premiums as a result of a better evaluation environment, particularly in motor insurance.

"Upward rating actions may occur if the group to improve its risk-adjusted market capitalization operation, technical performance, and business profile within the Group were, emerging markets." An improvement of the financial flexibility of the company, through a possible initial public offering, can the ratings of upward pressure on.

"Negative rating actions may occur, if there was a significant deterioration in the Group's risk-adjusted market capitalization, possibly driven by huge losses in their exposure to debt in the euro zone." Poor execution and integration of the Group's mergers and acquisitions strategy can also have negative on the ratings pressure.

Source: A.M. best

A.M. Best Affirms Ratings of Western Surety Group and Members

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A.M. Best Co. has affirmed the financial strength rating (FSR) of A (Excellent) and issuer credit ratings (ICR) of “a” of Western Surety Group (Western Surety), previously known as CNA Surety Corp. Group (CNA Surety), and its members.
Concurrently, A.M. Best has withdrawn the ICR of “bbb” of CNA Surety Corp. (SUR) as it was merged with and into its subsidiary, Western Surety Co., effective Jan. 1, 2012.
The companies are domiciled in South Dakota. The outlook for all ratings is stable.
The ratings reflect Western Surety’s excellent level of risk-adjusted capitalization, historically profitable operating results and leading market position in the contract and miscellaneous surety bond markets.
These positive rating factors are derived from the group’s clearly defined target markets, extensive distribution network, disciplined underwriting and credit risk management and strong servicing capabilities.
In addition, Western Surety maintains a well-diversified surety and fidelity book of business with respect to products, geography and market segments, which enables the group to leverage its broad-based expertise to develop and expand its leadership position in the surety marketplace.
Western Surety benefits from the financial flexibility of its indirect parent, CNA Financial Corp., which has relatively low financial leverage and strong coverage ratios.
Partially offsetting these positive rating factors is the variability in Western Surety’s operating results during the prior soft market cycle due to adverse loss reserve development, severity and frequency of losses, higher corporate defaults and an increase in the retention levels and costs associated with more restrictive reinsurance treaties.
However, over the past five years, Western Surety’s loss reserve development has become increasingly favorable, reinsurance costs have moderated, and terms and conditions have become less restrictive.
In 2011, Western Surety reported continued strong underwriting and operating profitability, which it received, in part, from favorable prior year loss reserve development.
A.M. Best anticipates the group will achieve positive underwriting and operating performance in 2012, despite the current weakness in the construction industry and the economy (on a lagged basis to a certain degree), the competitive environment in its markets, and the likelihood of a reduced level of favorable prior year loss reserve development.
During 2011, CNAF, through one of its downstream affiliates, acquired all outstanding shares of SUR,which had no outstanding public debt, and privatized the group. The withdrawal of SUR’s ICR results from that action.
The FSR of A (Excellent) and ICRs of “a” have been affirmed for Western Surety Group and its following members: Western Surety Co.; Surety Bonding Co. of America and Universal Surety of America.

Managed care coverage adds five-star healthcare

Five star healthcare, a division of Crump Insurance services, an insurance institution to cover for managed care service providers has added.

The product consists of a single policy solution, the multiple coverage options. Available covers miscellaneous E & O, directors & officers coverage, Trustees, data protection and network security include, can Media E & O, employment be written as stand-alone or in combination with separate or aggregate limits cover practices liability and technology E & O..

"A managed-care solution is of primary importance for the customers of our healthcare practice,", said Dave Obenauer, President of Crump P & C. "we begin to see waves of change in the professional line industry relating to appetite."

Torus specialty insurance co. and torus national insurance co. will return reporting for eligible managed care provider. Some of the goals are organizations such as independent physician associations, physician hospital organizations, managed care organizations, or administrative service organizations.

"The expertise of both companies very positive," said Michael Phillips, senior Vice President for the torus' commercial errors & omissions Division. "Knowledge of the healthcare industry in General and insurance coverage available is unique in quality." "Combination of expertise with the ability to capture and distribute special products, Bluefox an important strategic partner for torus and extends the possibilities of the market for the managed-care program."

A special highlight of the program is its width description of operations recognition only about Bluefox healthcare. The managed care program is nationwide with low minimum premiums and deductibles.

This is the third in a series of five star healthcare products. The company offers also cover for senior living and kidney dialysis centres.

The California based five star works with licensed and insured retail property and casualty agents and brokers.

Penn-based Keystone Announces promotion insurance group

Keystone insurers group, a franchisor insurance agencies based in Northumberland, Pennsylvania, promoted industry veteran Barbara Kressler as Vice President of the business unit solutions risk.
Barbara Kressler

In her new role, Kressler is responsible for all internal operations including financial supervision, partner relationships, interactions, and personnel management.
Kressler, residing in Bloomsburg, Pennsylvania, is a 23-year veteran of the insurance industry and working since seven years at Keystone insurers group. She began her career as a commercial account manager for Hutchison insurance agency in 1989. From 1997 to 2005 she worked as Office Manager of Briar Creek mutual. Kressler entered 2005 as Assistant Director of Keystone insurers group.
Keeps the insurance designations of Chartered property and casualty underwriter (CPCU), certified Insurance Counselor (CIC), certified work comp Advisor (CWCA) and certified professional insurance woman (CPIW).
Keystone insurers group was 1983 founded by a group of independent agencies. It is owned by its franchise partners and employees in Pennsylvania, North Carolina, Virginia, Indiana, Ohio, Kentucky and Tennessee. Each partner is an independent authority.
With damage/casualty premiums of more than $1.4 billion ranks Keystone fifth on insurance accounting journal 2011 list of top 100 private property damage/casualty agencies.

Best assured HDI-Gerling Industrie Versicherung AG, and subs reviews

A.M. best Europe - has the financial strength rating rating services limited (FSR) "A" (Excellent) and the issuer's credit rating (ICR) of "a" Germany's HDI-Gerling Industrie Versicherung AG (HGI) and evaluated subsidiary HDI-Gerling World Service AG (HG WS) confirmed.

Best confirmed also the debt rating from "Bbb +" to € 250 million [329 million$] child fixed floating issued rate notes due 2024, by the former Gerling-Konzern Allgemeine Versicherung AG (GKA), merged the HGI now. The Outlook for all the ratings is stable.

In an similar action the mutual parent company of Talanx AG, which in turn is the intermediate management holding for all companies of the HDI v.a.g. has best confirmed the financial strength rating and the creditworthiness of issuers of HDI Haftpflichtverband of der Deutschen Industrie v.a.g. (HDI v.a.g.).

The ratings of the HGI and HG WS reflect "that support explicit and implicit by their parent company, Talanx AG," best said. The explicit support of Talanx AG includes "one profit and loss agreement, although this agreement HGI the possibility to maintain the result of limited absorption."

The ratings reflect also the best "Expectation is that HGI risk-adjusted market capitalization should remain solid in the year 2012, supported by its investment revaluation reserves, which the company have estimated in accordance with unrealized gains on bond portfolio." HG risk-adjusted market capitalization is WS expected in 2012, supported by a profit and loss account, absorption agreement with HGI remain stable.

Best also reminds, that "HGI continue to an outstanding profile in the German industrial market, with a high penetration of DAX and EURO STOXX 50 companies." HG WS is an integral HGI, as it as a hub for the international program companies, strategically important acts, because the company expects that its international reach has become. Year 2011 HGI premiums, the written (GPW) to 5 per cent € [3.4216 billion] driven are likely to increase to around 2.6 billion prices in Germany, improved motor premiums in France and the contribution of the Nassau increased property Verzekering Maatschappi N.V., professional liability insurance and officers and directors insurance company acquired in April 2011. HGI has also a strategic acquisition of 25 per cent of the share capital of the MPM operations", August 2011, made", the "supplements their globalization strategy and expansion of the international network."

"HGI of operational performance is expected to improve, a combined ratio of around 90 percent in 2011, after a rate of 99% in 2010 (local GAAP figures), mainly due to an improved reserve development reflected in, which resembles some significant catastrophe losses in the year, in particular as regards the Japanese earthquake and tsunami." The net profit before tax is expected at around 180 million euros [US$ 236.88 million] despite diminishing returns on investments as the interest rate environment improving, remain difficult. [HG WS is expected to achieve an underwriting profit of around 0.5 million € |$ 658.000] 2011 purely reinsurance reflect charged to cover administrative costs, the company earned.

"Following up assessment actions can occur when the Group of its risk-adjusted market capitalization, improved operational technical performance and business profile within the Group's emerging markets." An improvement of the financial flexibility of the company, through a possible initial public offering, can the ratings of upward pressure on.

"Negative rating actions may occur, if there was a significant deterioration in the Group's risk-adjusted market capitalization, possibly driven by huge losses in their exposure to debt in the euro zone." "Poor execution and integration of the Group's mergers and acquisitions strategy can also have negative the ratings pressure."

Source: A.M. best

California legislator is entitled information control Bill of insolvent insurers

A California on Friday Bill one legislator, to give greater control of the claims information of insolvent companies of the policyholders.

Assemblyman Curt Hagman said that he introduced Assembly Bill 1734 policyholders provide choices, if an insurance company will become insolvent and liquidated by the State is.

The Bill provides for the disclosure of information relating to claims, the financial situation of the insurance company in liquidation, and the expected result and duration of the liquidation effort.

If an insurance company becomes insolvent, his assets to the Department of insurance be transferred conservation and liquidation Office. After the liquidation of injunctions of insurance the winding up of the company informed Commissioner policyholders, creditors, shareholders and all interested parties and sold then policyholder claims and other creditors pay the company's assets to cash to generate.

This process takes often a decade or longer, according to Hagman.

The law provides for a number of d can policyholders to offer or deny access to information on their rights, so that people who the policy-holder buy claim to offer you can contact. The Bill would only apply for claims from companies, individual policyholders would be made unavailable information.

"AB 1734 a way for businesses is that with the uncertainty, whether a bankrupt insurance company will each payment wait, have the possibility of selling, who claim", Hagman said in a statement. "There is no reason that they are caught should, in the purgatory of a government bureaucracy on average 10 years, perform his task."

Nicole Mahrt Ganley, a spokeswoman for the Association of California insurance companies, said the Group had a chance to not look at the Bill, but, that it already things in place for the protection of policyholders.

"We a position on the Bill have no because it was just introduced, do we need to take a really close look at it," Ganley said. "A very good safety net with the guarantee fund has California and insurance in General, so that policyholders in the case of bankruptcies are worried."

Manager in the California guarantee insurance Association, to monitor that these funds were not immediately available for comment.

Air analyses Japan risk increased after earthquake of Tohoku Oki

Catastrophe modelling company AIR worldwide released a new report -"understanding earthquake risk in Japan following the Tohoku Oki earthquake of March 11, 2011." The report emphasizes that the "M9. 0 Tohoku earthquake changed the seismic risk landscape of Japan." "Reaction AIR led scientists a detailed analysis of whether and where tensions relieved by the Tohoku earthquake delegated to neighboring error."

AIR explains that "Although damage from this event closely with the massive tsunami is - the places reached a height of more than 30 meters and demolished almost all structures within the presence - air estimate, the tsunami was responsible for only about 30 percent of the total insured losses from this event." Shake damage was far more common - and it is worth remembering that shake damage would have affected then substantial in the area by the tsunami. "

The paper analyzes the "effects, to emphasize the transmission need on future break chances - including the subduction zone segments and crust of errors in the vicinity of Tokyo." Z. B. AIR analysis shows that ? 6.7 earthquake in the Kanto plane can the 30-year fracture probability of m 72 percent on increased between 81 and 93 percent have. "

In the report, discussed, is the performance of the current model of AIR earthquake Japan immediately after the event.

Source: AIR worldwide

Penn-based Keystone Announces promotion insurance group

Keystone insurers group, a franchisor insurance agencies based in Northumberland, Pennsylvania, promoted industry veteran Barbara Kressler as Vice President of the business unit solutions risk.

Barbara Kressler

In her new role, Kressler is responsible for all internal operations including financial supervision, partner relationships, interactions, and personnel management.

Kressler, residing in Bloomsburg, Pennsylvania, is a 23-year veteran of the insurance industry and working since seven years at Keystone insurers group. She began her career as a commercial account manager for Hutchison insurance agency in 1989. From 1997 to 2005 she worked as Office Manager of Briar Creek mutual. Kressler entered 2005 as Assistant Director of Keystone insurers group.

Keeps the insurance designations of Chartered property and casualty underwriter (CPCU), certified Insurance Counselor (CIC), certified work comp Advisor (CWCA) and certified professional insurance woman (CPIW).

Keystone insurers group was 1983 founded by a group of independent agencies. It is owned by its franchise partners and employees in Pennsylvania, North Carolina, Virginia, Indiana, Ohio, Kentucky and Tennessee. Each partner is an independent authority.

With damage/casualty premiums of more than $1.4 billion ranks Keystone fifth on insurance accounting journal 2011 list of top 100 private property damage/casualty agencies.

Passenger in deadly Montana bus crash files lawsuit

A passenger in a Western Montana bus crash, two people killed and 32 injured leave complained Tuesday in State Court throws Rimrock stages Inc. and Greyhound Lines Inc. negligence.

The lawsuit was the hospitalized after the Jan. 8 crash on an icy stretch of Interstate 90 in the vicinity of Clinton remains in the name of the 77-year-old Claude Oulman Butte, filed.

A first study of the Montana highway patrol estimated that at 65 to 70 miles per hour, the bus was traveling when it slipped the highway and rolled on its side.

The lawsuit - filed Tuesday state District Court in Yellowstone County - claims, that was the rider in the schedule to stay and to reach his next destination in Missoula noise.

"He was pressured to stay on schedule, and that is the reason why he was driving 65 miles per hour on an ice rink," said Christopher Edwards, Oulman of the lawyers.

The speed limit where the crash took place, is 75 mph, but Montana law requires drivers travel at a speed that is safe for the conditions. Were there several other crashes Jan. 8 on the same stretch of the freeway, including a semi-trailer rollover.

Edwards said his client suffered severe injuries, including numerous fractures and was in a coma after the crash. The suit names also Oulman of the wife, Callie, as a plaintiff. It was not a passenger.

Rimrock took over the Billings Missoula route from Cincinnati-based Greyhound last year. A Greyhound contractor calls the action for Rimrock.

Rimrock stages Vice President and owner Eric Forseth minority said that he had not yet seen the lawsuit. The investigation of the accident was pending and that he has been issued no citations or charges was known to the company or the driver, he said.

"We are all bills take care of and we are all passengers taking care of personal effects and replace what has broken," Forseth said.

FORSETH added that Rimrock is no direct contractor for Greyhound, although the companies share ticket service.

A spokeswoman for Greyhound back not just a call to the associated press seeking comment.

The bus west of Billings, according to Missoula headed, at the time of the crash, the approximately 18 km South-East of Missoula, Montana shortly after 7 A.m.

The suffering of the worst injuries seemed ejected was, if pushed the bus to the side and bounced off, break the window on the driver's side. Three people were pinned under the bus and authorities said the driver which was seriously injured.

A representative of the American Bus Association on behalf of who said Rimrock stages after the accident that the bus was operated by an experienced driver, entered in the company in the spring.

Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Officials will choose between 3 health Vermont packages.

A top Vermont health officials says the administration of Governor Peter Shumlin zeroing is run on what kind of advantage to offer package into a new market of for health insurance in the year 2014, and has the field, reduced to three finalists.

Robin lung, Director of the reform of health care management, says that it expects that a State Board chooses than March 1 a benefit package that corresponds to market today one of the three far into the private health insurance offered.

It adds that there are some things cover current plans, including dental and vision care for children.

After a package use until fixed, will be the next project for the State to determine funding for the single-payer system, which aims to create Shumlin.

Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

1.5 M right says attacked probation Chief Deputy in Northern California

A Northern California probation officer was placed on paid leave, after one his deputies filed say he sexually assaulted their claim $1.5 million.

Probation Chief David Muhammad, that the charges are wrong saying, say the requirement is an attempt to extort money from the County of Alameda County.

The Board of supervisors privately met on Tuesday and then announced that the 38-year-old Muhammad was placed on paid leave. There was no explanation.

The San Francisco Chronicle said a Deputy probation officer filed a claim on Feb. 3 claims she was sexually harassed, sexually assaulted and held against them by Muhammad is.

The assertion that a precursor to a lawsuit seeks damages due to mental stress and anxiety.

California Attorney General Kamala Harris Office checks the case because the Alameda County District Attorney their agency recused because of his close ties to Muhammad.

Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Best categorizes assurances further de France 'A-' reviews

A.M. best Europe - Rating Services Limited has assigned a financial strength rating of "A-" (excellent) and issuer credit rating of "a-" assurances further de France, both with stable Outlook.

Best explains: "to the mutual reinsurer Member Covéa, the French mutual group." "Covéa is d'Assurance Mutuelle (SGAM), a vehicle under French law of mutual societies a Société de groupe, group enable appropriate."

TO the reviews reflect their "excellent risk-adjusted capitalization after taking into account the impact of its significant investments in subsidiaries Covéa," best said. "Taken together these investments over half provide to the total assets."

In addition, best mentioned that according to the risk-adjusted capital is model, "These investments be deducted effectively from equity." He said taking into account this treatment-related investments, best "believes that AM provides strong capital support for their activities."

The best rating reflects also the "benefits of membership of Covéa, a leading insurer in France, including the possibility of mutual assistance for members of the SGAM." This may have agreed on the form of raising funds from other members, or from external sources, even by members of the SGAM. "Risk-adjusted market capitalisation is supported further by the solid transferring position and comprehensive retro protection."

The ratings reflect also "moderate expectations for that in the future performance." Best said that he believes that "it is difficult for the company to produce better operating results due to its modest profile as following reinsurer on contracts, and expected the company a profit after tax of € 10 million [$ 13.16 million] record in 2011."

BIN written premiums just under €113 million [$ 148.71] in 2010 over 200 million € [263,2 million$] in 2009, after the setting certain intercompany reinsurance business gross recorded.

"The account includes largely property reinsurance (over 80% of the gross premiums), with the most business on a proportional basis (over 75% of the gross premiums) written." "To the profile is largely concentrated in Western Europe, especially in Italy, Germany, Austria and Switzerland with around 20 percent of the account written outside of Europe, of which no U.S.-based business is."

Finally, the best she said "Upward pressure on the ratings are unlikely at this time." "Downward pressure on the ratings could be triggered by a material decline in the key criteria such as financial performance and business profile."

Source: A.M. best

Fairfax of financial quarterly loss widens on cat claims

Fairfax financial holdings, the reinsurance insurer run by investment guru Prem Watsa, said on Thursday that its loss in the fourth quarter by 56 per cent because of debts and losses of the company equity hedges extended.

The Toronto-based company 2011 lost $ 771.5 million or $38.47 per share in the fourth quarter. Compared to the previous year-ago loss of $ 494.4 million or $24.77 hedging a share.

Net losses from investments rose to 914.9 million $ of $887.9 million, which is a "no correlation between the performance of the company's shares and its equity-based hedge" attributed to Fairfax, Fairfax said that should reverse in future periods.

Watsa secured capital position of the company in the year 2010 and investment losses in the fourth quarter of this year took, as stock markets rose.

For the quarter, the insurer has a technical loss of 292,8 million due to the higher claims. For the full year Fairfax took $1 billion catastrophe losses related to events, the Japanese earthquake, floods in Thailand, United States tornadoes, New Zealand earthquake and Hurricane Irene.

Since the acquisition of the company in 1985, Watsa has built a reputation as a smart contrarian investor by moves like betting against the U.S. housing market over the last ten years and reap billions when the market collapsed.

Recently, he has a significant position in research in the movement and Board was resigned in the BlackBerry maker appointed last month co-CEOs Jim Balsillie and Mike Lazaridis as part of a front-office shakeup in which.

Penn State Countersues PMA about coverage of Sandusky lawsuit

Penn State has a counterclaim against his primary general liability insurer, Pennsylvania manufacturers' Association (PMA) filed insurance co..

PMA had requested legally on 31 Jan., argues that the Blue Bell, Pennsylvania-based insurer not to costs in a civil lawsuit over the alleged misconduct of Jerry Sandusky, pay Defense for the University a former University football coach should have.

PMA argues that it is not obliged to policies written after 1991 because of the exclusions for "Abuse or harassment," pay off "Intent" and "Known loss."

But in his counterclaim on Wednesday, February 15, argues that his liability a legal defense and coverage of the action should provide policy of PMA on the Court of common pleas of Centre County, Penn State.

"Despite significant insurance premiums PMA for decades by the University dedicated, PMA has refused provide coverage for the University is entitled," according to David Gray, Penn State's senior Vice President for finance and economics.

"We are very disappointed that rather than act in good faith with their insured, PMA instead decided a proactive action against us file."

Penn State says that his lawsuit against PMA is intended to "Its rights under the terms of the PMA enforce and stands in stark contrast to the PMA tactical action."

Penn State has tried coverage of PMA for a lawsuit in November last year by a young man who claims Sandusky sexually abused him as young and threatened to keep damage according to associated press quietly with his family around him.

Penn State has declared that it spent more than $3 million in various legal, has consultants and public relations costs associated with the investigation of the child sex abuse charges against Sandusky.

West Virginia Passes Mine Safety Measure

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Aspen Insurance, Swiss Re Execs Join AIA Board

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Vermont Officials Will Choose Among 3 Health Packages

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A top Vermont health official says the administration of Gov. Peter Shumlin is zeroing in on what sort of benefit package to offer in a new health insurance marketplace to be launched in 2014, and has narrowed the field to three finalists.

Robin Lunge, director of health care reform for the administration, says she expects a state board will choose as soon as March 1 a benefit package that matches one of three widely offered in the private health insurance market today.

She adds that it will cover some things current plans don’t, including dental and vision care for children.

After a benefit package is firmed up, the next project will be for the state to determine the financing for the single-payer system Shumlin wants to create.

Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Federal Court Tosses Jury Award in Katrina Jail Lawsuit

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A Louisiana federal appeals court on March 12 threw out a jury’s award of more than $650,000 to two Ohio tourists who were arrested in New Orleans on public drunkenness charges two days before Hurricane Katrina’s 2005 landfall and jailed for more than a month after the storm.
A three-judge panel from the 5th U.S. Circuit Court of Appeals ruled that Orleans Parish Sheriff Marlin Gusman didn’t falsely imprison Robie Waganfeald and Paul Kunkel Jr., both of Toledo.
The men’s lawyers argued during an October 2010 trial that they were entitled by law to be released within 48 hours unless probable cause was found to keep them in custody. But the 5th Circuit judges concluded the 48-hour rule was suspended because of the 2005 storm.
“The undisputed evidence in this case compels the conclusion that Hurricane Katrina was a bona fide emergency within the meaning of the emergency exception to the 48-hour rule,” Judge Jacques Wiener wrote. “Indeed, if Katrina was not an emergency, it is difficult to imagine any set of facts that would fit that description.”
After the storm made landfall on Aug. 29, Waganfeald and Kunkel were locked inside the jail without food, water or working toilets as their cells filled with more than two feet of flood water. Kunkel claims he went without water for three days before he resorted to drinking polluted flood water.
The jury, however, rejected the men’s claims against Gusman related to the harsh conditions that prisoners had to endure in the jail.
The judges said the men “suffered terribly” while they were held in custody, but decided their claims against Gusman and one of his chief deputies, William Hunter, should have been dismissed. They remanded the case back to the district court with instructions to enter a judgment in favor of Gusman and Hunter on all of the plaintiffs’ claims.
The jury awarded Waganfeald and Kunkel a total of $459,300 for their claims that Gusman falsely imprisoned them. They also awarded each plaintiff $100,000 for their claims that Hunter was “deliberately indifferent” to the men’s constitutional rights to call an attorney or relative after their arrest.
Waganfeald and Kunkel, who had stopped in New Orleans on their way home from a cross-country vacation, denied they were drunk when police arrested them on Bourbon Street on the morning of Aug. 27, 2005. They were held on $300 bond but couldn’t arrange for it to be paid because the jail’s phones weren’t working.
The men argued that Hunter should have allowed them to use their cellphones to make calls, but the 5th Circuit said Hunter didn’t act in an “objectively unreasonable manner” in refusing.
“In this case, Hunter faced the security risks that would generally follow from allowing prisoners to use cell phones, which were exacerbated by the emergency conditions that were present during the approach, landfall and aftermath of Katrina,” Wiener wrote.
Less than a week after the storm hit, Kunkel was taken to the Elayn Hunt Correctional Center in St. Gabriel, where he developed an eye infection. He was later transferred to the state prison at Angola before he was released Oct. 3. Waganfeald was taken to Catahoula Correctional Center in Harrisonburg and released Oct. 5.
Other inmates who rode out the hurricane in the city’s jail have filed similar lawsuits. At the time of the jury’s verdict, a lawyer for Kunkel and Waganfeald said he believed they were the first to win a Katrina-related award against Gusman’s office.
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Alaska Bill Bans Teens On Cellphones While Driving

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A divided House committee has advanced a bill that would prohibit teens from talking on the phone while driving.
Anchorage Democratic Rep. Berta Gardner’s HB128 would allow police to give citations only after someone has been pulled over for another violation.
The bill made it through the House Transportation Committee unopposed two weeks ago, but it narrowly cleared the House Judiciary Committee on Wednesday on a 4-3 vote.
Republican Reps. Wes Keller, Bob Lynn and Lance Pruitt opposed moving the bill, saying it goes too far.
Keller said his vote was mainly because he believes the bill would help future prohibitions of cellphone use while driving, which has been a point of contention among legislators this year. Lynn said he opposed the bill because he feels that teens need to be treated like adults.
Gardner said both criticisms ignore the overwhelming safety concerns caused by distracted teen drivers. She said she fought a law requiring adults to wear seat belts, because she believes the risk is theirs to take.
“But it’s a different story when you’re putting other people at risk,” Gardner said, adding that she doubts broader bans of cellphone use while driving will find much support this session.
Judiciary Chair Carl Gatto supported the bill’s advancement through his committee, but he voiced reservations.
“We’re nibbling at the apple,” Gatto said “I hope we can come to agreement on the larger issue.”
The bill is ready for a floor vote.
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Jury Makes $432,000 Judgment Against Oregon DHS

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A Clackamas County jury concluded the Oregon Department of Human Services was partially responsible for the death of an infant who died in foster care four years ago.
The jury also found Wednesday that the child’s father was partly at fault, and awarded him $432,000 in damages. Sam Driessen had accused the department of negligence and sought $1.5 million in the wrongful death lawsuit.
The prosecutor said Driessen showed no interest in the girl until she died.
The state Department of Human Services took custody of her because the mother tested positive for drugs and alcohol. Astrid Ash had problems from a premature birth and died in the care of foster parents.
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Vermont, FEMA join forces to buy out flood-prone properties

Vermont and the Federal Emergency Management Agency are to join$ 19.8 million for the purchase of real estate, which are prone to flooding.
Governor Peter Shumlin, US Rep. Peter Welch and other officials traveled to Northfield on Wednesday that make announcement. Northfield, which has been hit hard by flooding from Irene, is the location of the 13 the houses under the hazard mitigation grant program is purchased.
The program gives the owners of the flood prone properties that move somewhere else, and bars new development to the purchased from properties.
Federal Agency covers 75 percent of the cost. Shumlin says that the State works to come up with the money to cover the rest of the cost.
Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Louisiana lawmakers loses Insurance Committee post vote on

One State legislator has displaced from his leadership position a day after the vote against a tax credit of Governor of Louisiana was Bobby Jindal sought.
BOGALUSA, Louisiana Rep. Harold Ritchie says he was told that he was removed as Deputy Chairman of the House Insurance Committee, because he voted against the measure, which State would give people a tax dollar for-dollar, money to a donations non-profit, grants or scholarships for private schools. The measure is part of the Jindal education overhaul package of this session.
House speaker Chuck Kleckley announced a new Vice Chairman of the Committee on late on March 14 without explanation. The next day, he said he would not comment, the staff problem.
Despite Ritchie, no pass the measure easily the House ways and means, 15-4 votes.
Copyright 2012 associated press. All rights reserved. This material cannot be published, sent, rewritten or redistributed.

Colorado Settles Lawsuit Against Westwood College

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Westwood College has agreed to pay $4.5 million to settle a lawsuit the state of Colorado filed alleging the school misled prospective students about its costs and how successful alumni are in finding jobs in their fields of study.
The settlement Wednesday shows the college agreed to pay $2 million to Colorado. It also agreed to pay $2.5 million in restitution to students who financed their tuition with the school’s APEX financing and to reimburse APEX finance charges.
The college hasn’t admitted to any of the claims.
The settlement requires Westwood to take actions including telling prospective students that credits earned probably won’t transfer to other schools.
Westwood says it had already made many of the changes Colorado sought.

XL Group’s North American Ocean Marine Unit Adds Cooke as VP

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XL Group plc’s North American Marine business has boosted its underwriting expertise with the addition of Chris Cooke who has joined as vice president, hull and liabilities.
Chris Cooke

Cooke previously worked at Travelers, where he was the national hull and liabilities practice leader. Among his primary responsibilities were the development of policy forms, underwriting manuals, procedures, and initiatives to drive growth in hull, P&I, marine liabilities, marine professional liability and excess liabilities.
He began his career with MOAC/Continental where he worked in both field and home office positions in the hull and liabilities, and excess departments. Cooke also ran the marine department in Hong Kong for two years working with MOAC/Continental-owned Lombard General Insurance.
Source: XL Group plc

Insurance Retailer GEICO Lowering Commercial Auto Rates in Texas

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Insurance direct marketer, GEICO, has announced that it is lowering commercial auto insurance rates for business owners in Texas.
Commercial insurance packages cover the cars, trucks and vans used in conducting business, including for small businesses such as contractors, retailers, caterers, professional services and others. In addition to providing protection for a variety of business vehicles, GEICO’s business insurance products also include general liability insurance and business owner’s policies through the GEICO Insurance Agency.
The company’s announcement did not specify a percentage decrease in rates that it plans to offer.
GEICO (Government Employees Insurance Co.) is a member of the Berkshire Hathaway family of companies. GEICO handles auto insurance coverage for 11 million private passenger auto policies and insures more than 17.5 million vehicles, the company said.
Source: GEICO

N.Y. State Senate Passes Auto Insurance Fraud Measures

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New York lawmakers want to slam the brakes on the auto insurance fraud. On Thursday, the state’s Senate passed three bills to fight auto insurance fraud.
These measures will now move to the state Assembly for consideration. According to the New York Senate, auto fraud schemes cost New Yorkers more than $1 billion a year.
Recent cases of auto insurance fraud have uncovered massive crime rings, including doctors, lawyers and scam artists who staged accidents and exploited New York’s no-fault auto insurance law. The lawmakers said these fraudsters used New York’s no-fault insurance program as “their own giant state-sponsored, ATM machine.”
Here are the summaries of the Senate bills:
• S.4507B would enable insurance companies to retroactively cancel policies taken out by people who commit auto fraud. People that plan to commit auto fraud often take out auto insurance policies and pay for the initial premium with a bad check, an unauthorized bank account or stolen credit card.
Once the policy is obtained, scammers commit fraud through a staged accident or other means. Under current law, the insurer cannot cancel the coverage even if there is fraud. This bill would allow an insurance company to retroactively cancel an auto insurance policy in the first 60 days if the initial premium payment is not honored by a bank due to insufficient funds, non-existence of a bank account, or unauthorized use of a bank account.
This measure would bring New York in line with the other large no-fault states. In fact, only seven other states (Arizona, Colorado, Kansas, Maine, Maryland, North Carolina and South Dakota) do not allow for retroactive cancellation.
• S.1685 would establish a new felony-level crime of staging a motor vehicle accident. A person who operates a car and intentionally causes a collision with intent to commit fraud would now face the charge of staging a motor vehicle accident. It would be a class D felony, punishable by up to seven years in prison.
• S.2004 would make the use of “runners” illegal in New York. A “runner” is a person who receives money for obtaining clients or patients to participate in insurance fraud. Runners are commonly used in the New York City area to steer accident victims towards unnecessary medical treatments, according to a statement from the state Senate. Legislation would make it a class E felony, punishable by up to four years in prison, to act as a runner or hire another person to act as a runner.

Oil Well Services Company in Texas Fined for Repeat Safety Violations

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The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Palestine, Texas-based Mercer Well Service for five repeat violations following an inspection at the company’s Colt 34-212 Field, Well No. 3H, Rig No. 39 work site, located 15 miles northwest of Pyote, Texas. Proposed penalties total $71,500.
OSHA’s El Paso Area Office began an inspection Nov. 16, 2011. Inspectors found four workers exposed to possible injuries from unguarded platforms, a lack of fire protection and caught-between/struck-by hazards while trying to retrieve a piece of broken pipe in a well hole.
The violations include failing to provide guardrails for employees working on platforms seven feet above the ground, provide standard railings on open sides of stairways, ensure that fixed stairs were uniform in rise height, provide required protection in case of fire and ensure that workers were protected from caught-between/struck-by hazards.
A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.
Similar violations were cited at locations in Texas in 2008 and 2009, and Pennsylvania in 2011.
Mercer Well Service, which employs about 800 workers nationwide, has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s El Paso area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.
Source: OSHA

Morgan Stanley Directors Win Pay Lawsuit Dismissal

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Twelve directors of Morgan Stanley have won dismissal of a shareholder lawsuit accusing them of letting the Wall Street bank overpay its employees even while accepting taxpayer-funded federal bailouts.
Shareholders accused the outside directors of corporate waste and breaching their duties by setting aside 62 percent of net revenue, or $14.3 billion, for compensation in 2009.
They said the amount was excessive given that Morgan Stanley had lost $907 million that year and had accepted a $10 billion government bailout the previous fall. That has since been repaid.
Shareholders said incentive payments made in 2006 and 2007 should be clawed back because they were based on results goosed by excessive risk-taking and which the 2008 global financial crisis had shown to be ephemeral.
A New York State appeals court panel in Manhattan said the shareholders should have demanded that the board make changes before suing. The panel said investors had not shown that the board had conflicts of interest that would have made such a demand futile.
Shareholders did not show any “reason to doubt that the directors’ compensation awards were the product of a valid exercise of business judgment,” the five-justice panel said in an unsigned opinion.
The lawsuit had been filed on behalf of the Security Police and Fire Professionals of America Retirement Fund of Roseville, Michigan, and other shareholders. It is one of many lawsuits challenging Wall Street pay practices.
Thursday’s decision upheld a December 2010 ruling by New York State Supreme Court Justice Shirley Kornreich.
Other defendants included Morgan Stanley Chief Executive James Gorman and his predecessor, John Mack. Kornreich had not decided the merits of the claims against them.
Jay Eisenhofer, a lawyer for the shareholders, did not return a call seeking comment. Morgan Stanley spokesman Mark Lake declined to comment.
Morgan Stanley’s ratio of compensation to net revenue fell to 51 percent in 2010 and 2011, a regulatory filing showed.
The case is Security Police and Fire Professionals of America Retirement Fund et al v. Mack et al, New York State Supreme Court, Appellate Division, 1st Department, No. 7175A.

Socius: Rizzo to Retire, Hook Director of Operations in San Francisco

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Socius Insurance Services Inc., a management liability and property/casualty insurance wholesaler, announced the impending retirement of Chief Operating Officer Carol Rizzo and the promotion of Chris Hook to director of operations and his relocation to the firm’s San Francisco headquarters.
Socius will merge its Sacramento operations into its San Francisco headquarters.
The role of director of operations will replace Rizzo’s COO position when she retires on Dec. 31.
Carol started with Socius in 2001, and guided the firm through several office openings, a corporate name change and its transition to a paperless environment.
Hook has been managing Socius’s Sacramento office since 2004. Socius will merge its Sacramento operations into its San Francisco headquarters.
Privately held Socius Insurance Services has regional offices in Los Angeles, Sacramento, Elgin, Ill., and in Florida in Tampa and Miami. Socius specializes in D&O, E&O, EPL, property/casualty and umbrella coverages.

New York County Hosts Open House for Last Year’s Flood Victims

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Broome County Executive Debbie Preston in New York recently hosted an open house to help local residents who are still suffering from last year’s flooding.
People took part in a open house for flood survivors at Binghamton University, on March 27. Photo credit: FEMA

The event was held at the Binghamton University campus, State University of New York, on March 27. The open house brought together experts to offer advice on a range of services. Topics included refinancing, flood insurance, building codes, consumer protection, mold/toxins/water issues and historic preservation.
Representatives from the Federal Emergency Management Agency were also at the event to offer their advice and consultation.
The open house drew over 100 people, many of whom are still struggling with financial woes and damaged homes more than six months after the flooding, according to media reports.
Local authorities said some residents in the area had no flood insurance and are struggling to repair their homes. Some are also hoping that their homes could be bought out as part of the government’s flood remediation programs. More than 300 homes in Broome County could be considered for federal and state government buyout programs.

ACE Risk Management Launches Portal for Uninsured, Underinsured Motorist Issues

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The ability to validly elect or reject uninsured/underinsured (UM/UIM) motorist coverage has a significant economic impact on insureds and insurers. All 50 states and the District of Columbia have requirements regarding the completion of election forms. ACE Risk Management (ARM) has launched ACE Accelerator exclusively for ARM clients to help them complete the forms and associated requirements for each state.
ACE Accelerator is a web-based portal for risk managers that allows them to review, execute, and submit all the forms needed for their coverage elections. Because the portal selects only those documents relevant to each coverage situation – from among the hundreds that are available for each of the 50 states – risk managers can enjoy a much-simplified election process. This process saves countless hours of work by eliminating the time-consuming paperwork involved in the filing process.

Poll Shows Oregon Parents Want Stricter Guidelines for Teen Drivers

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Nearly six in 10 parents go beyond the rules imposed by Oregon’s graduated licensing laws, and 52 percent think the state should enforce stricter consequences for those who violate teen-driving laws, a poll from PEMCO Insurance shows.
In Oregon, graduated licensing laws restrict 16- and 17-year-old drivers from all communication on mobile devices while driving. The laws also set a driving curfew, limit the number of passengers teens may transport, and require a minimum of 50 hours of supervised driving time.
According to the poll, 86 percent say they enforce the state’s graduated licensing laws, and 58 percent say they go beyond the minimum requirements and set additional rules for their teen drivers.
Half of parents say they enforce limits on the distances their teens can drive, two-thirds put limitations on driving in bad weather conditions and 52 percent of all drivers think that the state should escalate the consequences from a secondary to a primary offense for teen drivers who violate the laws, the poll shows.
The National Highway Traffic Safety Administration reports that 5,474 people died in crashes that involved distracted driving in 2009 in the U.S., and of teen drivers involved in fatal collisions 16 percent were reportedly distracted while behind the wheel.
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

State Auto Companies Name New Officers

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State Automobile Mutual and State Auto Property & Casualty Insurance Cos. have named a number of associates officers of the companies.
Scott Jones, vice president, chief investment officer, started with State Auto in 1989 and previously served as a portfolio manager and senior financial accountant with State Auto.
Karen Longshore, vice president, chief technology officer, joined State Auto earlier this year to drive alignment of the company’s technology vision with overall business strategy. Longshore previously held senior level IT positions with BP Solar in Frederick, Md., and Crump Group.
Charlie McShane, vice president of business insurance, joined State Auto in 2006 to build the company’s middle market presence. He was named regional president of State Auto’s Eastern Region in 2009. Prior to joining State Auto, McShane had extensive insurance experience with Zurich, St Paul, USF&G and Aetna Life and Casualty. He holds both the Associate in Risk Management and Chartered Property Casualty Underwriter (CPCU) designations.
The following individuals have also been named officers by the boards of directors of State Automobile Mutual and State Auto Property & Casualty Insurance Cos.
Kevin Kelly, regional president, Midwestern regionSteven Moehl, regional financial officer, Central regionChris Steer, regional financial officer, Eastern regionAlita A. Burke, assistant vice president, dean, State Auto UniversityMark Roso, assistant vice president, business insuranceNathan W. Santamaria, assistant vice president, product manager IIClay Jenkins, assistant secretary – actuarial program management director personal linesDavid DeLong, sales operations officer
Source: State Auto

Great American Insurance Group Opens Regional Office in New York

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Great American Insurance Group’s environmental division opened a regional office in New York City.
The expansion complements the environmental division’s home office located in Plymouth Meeting, Penn., and its regional office in San Francisco.
Shelli Hamilton

The new regional office will be led by Shelli Hamilton, a seasoned veteran in environmental insurance. Hamilton served in a senior underwriting role with Great American since the launch of its environmental division in 2008. She has prior experience with XL Environmental as well as ECS.
The New York office will begin accepting submissions in April. New York City-area businesses currently handled in the home office in Pennsylvania will slowly be transitioned to New York.
Great American Insurance Group’s environmental division provides a comprehensive portfolio of environmental insurance products to a broad array of industries.
Products include: premises environmental liability insurance, indoor air quality and mold liability insurance, contracting services environmental liability insurance, contracting services project specific environmental liability insurance, professional and contracting services environmental liability insurance, excess environmental liability insurance, and closure and post closure financial assurance.
Based in Cincinnati, Ohio, the operations of Great American Insurance Group are engaged primarily in property and casualty insurance, focusing on specialty commercial products for businesses, and in the sale of traditional fixed and indexed annuities and a variety of supplemental insurance products such as Medicare supplement.

Judge Rules Lowe’s Suit Can Proceed Against Idaho

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A federal judge has ruled in favor of former Idaho Transportation Director Pamela Lowe on a key legal question of her wrongful termination lawsuit against the state.
U.S. District Judge Ronald Bush in a decision filed Saturday agreed with Lowe that the state must provide a reason for her 2009 firing, and against the state’s argument that Lowe was an at-will employee who could be fired at any time.
In his 57-page decision, Bush calls the state’s argument in the case “less than airtight.” By law, the Idaho Transportation Board may remove its director for “inefficiency, neglect of duty, malfeasance and nonfeasance in office.”
Lowe contends she received satisfactory job reviews and was fired in a political power play to help Gov. C.L. “Butch” Otter and his big campaign donors.
The ruling means Lowe’s lawsuit can proceed. She is seeking back pay, reinstatement or compensation in lieu of that, and attorney’s fees. No amount is specified.
Her lawsuit contends she was fired by the Transportation Department board after refusing to bow to threats by governor’s aides not to interfere with a contract originally worth $50 million. The contract benefited URS Corp. and CH2M Hill, two engineering companies that at the time of Lowe’s firing had given the governor at least $22,000 combined since 2005.
Nearly all of Bush’s ruling focused on the interpretation of one sentence in an Idaho statute that said the transportation director serves at the pleasure of the board, but then went on to list four reasons for which the director may be removed. Lowe and the state both seized on the sentence to bolster their own arguments.
Bush acknowledged the statute isn’t a “model of clarity.” But looking back to the statute’s creation in the early 1970s, he decided lawmakers at the time had concerns about undue political influence over one of the state’s largest agencies when they wrote the statute.
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.