Insurance Group of Nevada Blog
This was an appeal by insureds from a grant of summary judgment against them on their lawsuit against an insurer for breach of contract and wrongful termination of insurance, and for negligent representation on the part of the insurer's agent. There was no insurance in force when their drapery business was damaged by fire.
The insurer issued a business package policy, and later conducted a survey because underwriting practice prescribed it when property insurance was in excess of a specified amount. The insurer canceled the policy more than sixty days after it was effective upon the inspector's recommendation. He found that, while the insureds did sell draperies, they were in the business of manufacturing them to a much greater extent. The insurance company did not insure manufacturers. The insurer's agent then referred the clients to another insurance office for replacement coverage, which was arranged. That insurer canceled its policy, apparently for nonpayment of premium. (Its action was not contested.) The fire occurred thereafter.
The evidence made clear that the first insurer's agent had filled in the insurance application, indicating the type of business as "drapery sales," as he was told by a representative of the insureds. A co-owner of the firm signed the application, certifying that she had read it and that the statements were correct.
The New Mexico Supreme Court found that the agent "satisfied his legal duty" when he procured another underwriter for the insureds. It found that the pertinent statute provided for cancellation within sixty days without cause and, thereafter, for reasonable cause and giving notice of cancellation. The insureds did not dispute their receiving cancellation notice. They said they were misled in not being informed of the reason for it.
The court concluded that the insurer had complied with the statute, noting that an insurer was not required to inform insureds of the specific cause when giving notice of cancellation. It also found it difficult to understand how "experienced business people" could believe a policy was in force after they had received notice of its cancellation and they had then arranged replacement coverage in another company.
The summary judgment of the trial court was affirmed in favor of the insurance company and its agent and against the insureds.
(CORBIN, Plaintiff, Appellant v. STATE FARM INSURANCE COMPANY ET AL., Defendants, Appellees. New Mexico Supreme Court. No. 18,598. February 7, 1990. CCH 1990 Fire and Casualty Cases, Paragraph 2600.)
©The Rough Notes Company, Inc.
When drivers get behind the wheel of their cars they find a growing issue; other drivers are becoming ruder, more aggressive and are causing more accidents. Surveys typically offer the following information:
It is useless for individual drivers to look any further for solutions than themselves. The only thing that is under a driver's control is his or her own driving behavior. While you can't predict what another driver is going to do, you can make a stronger effort to make the roads and streets safer.
Obey traffic lights, signs and road markings. All of these are important methods to control traffic and minimize accidents. Just try to figure out how much time you "save" by tailgating, lane changing and running traffic lights. If you save anything, it's seconds, not minutes. Also, if you are involved in an accident, you've just lost any time ever gained by risky driving. Insurance paperwork and accident reports can claim hours and days of your life. If time is important to you, then take the time to pay attention to the rules of the road.
You will also find it healthier and safer to avoid paranoia. The other drivers in the other cars and trucks are not out to get you. Don't take things personally since the silly things that happen in cars are usually mistaken or mindless, not malicious. Just relax and concentrate on your own driving. Yield right of way to others, stop for school buses, and watch for pedestrians and bicyclists. The more patient, respectful, and attentive drivers there are on the road, the better it will be…for all of us (and our insurance rates).
In part one of "Become a Better Driver," our advice was that the roads will be safer for all when, as individuals, we reject distractions and become more attentive while operating vehicles. That advice is quite solid. However, driving trends still show that, in recent years, accidents have been increasing, so many people are, literally, not paying attention.
A major reason for our growing vehicle safety problems are the growth of distractions, primarily those caused by smart phone use. Driving Safety and authorities continue to warn us, but our use of smart phones has become so popular that they are routinely causing dangerous behavior by both drivers and pedestrians.
In such times, it makes sense to take greater steps to keep yourself safe on our roadways. Building on the base behaviors that make you a safer driver, you must consider the strategy, embracing defensive driving. The chief element of defensive driving is to assume that outside forces are actively working to endanger you, therefore you have to shift your driving behavior us a notch from attentive to vigilant.
A method for defensive vehicle operation comes from a paper titled SPIDER: A Framework for Understanding Driver Distraction. It was written by David Strayer, D. and Fisher, D. and appeared in University of Massachusetts, Amherst. Human Factors, Vol. 58, No. 1, February 2016.
In that paper, SPIDER is an acronym that provide guidance in how to behave while behind the wheel. More specifically, while driving you should also be:
This can be an effective approach that recognizes and mitigates the driving danger that others create by their distracted behavior. Actively assuming that others may be distracted allows you to take extra precautions when approaching intersections or when dealing with pedestrians.
So take more responsibility for your own safety while driving. Be attentive and be defensive.
Renting an apartment or a house means the building is covered under the owners insurance policy. Unfortunately the renters things are not covered under the owners policy. In addition the cost for temporary housing is not covered by the owner or landlord's insurance policy.
Example: A kitchen fire occurs from an unfortunate mishap and completely destroys the apartment. The owner or landlord requires payment to rebuild the apartment. Who should pay for for damages? The mishap occurred by the tenant, in this case the tenant may be found labile for damages. The average cost to replace and rebuild an apartment can cost as much as $500,000.
In addition while the apartment is being renovated local laws prohibits people to occupy the apartment as it is not safe. Who pays for temporary living expenses like a hotel, and meals?
With a renters insurance policy, a policyholder can receive $500,000 for damages, plus additional living expenses up to $15,000. The average cost of a renters insurance policy is between $10-$30 per month. Contact us today for a no obligation quote.