Saturday, May 22, 2010
Big Saving!!
Happy to announce TJM Insurance Services just save a VIP client $7,440.00 on their Workers Compensation renewal. In time of hard econommics call TJM Insurance Services we fight for our clients. Happy weekend all.
Tuesday, May 18, 2010
Surety Bonds Markets
TJM Insurance Services also has markets for your Surety Bonds Requirements:
Surety Bonds we provide
Contract Bonds
Performance Bonds
Bid Bonds
Payment Bonds
Permit Bonds
Miscellaneous Bonds
Subdivision Bonds
License Bonds
Contract Bonds
Bid Bonds: A bid bond is provided to the Obligee/Owner from the contractor in order to give assurance that if the contractor is the successful bidder the contractor can provide a payment and/or performance bond.
Performance Bonds: A bond which promises that the terms of a contract, or some of them, will be performed by the Principal/Contractor.
Payment Bonds: A bond which promises to pay some or all of the persons who provide material, labor, or services for prosecution of a contract.
Subdivision Bonds: Subdivision bonds are different from the more common performance bonds used for construction projects. With subdivision bonds, the owner of the project provides bonds to the public agency to guarantee the installation of improvements that will ultimately be dedicated to the public but paid for by the owner/developer.
Miscellaneous Bonds:
License and permit bonds are those required by state law, municipal ordinance, or by regulation and in some instances by the federal government or its agencies.
Surety Bonds we provide
Contract Bonds
Performance Bonds
Bid Bonds
Payment Bonds
Permit Bonds
Miscellaneous Bonds
Subdivision Bonds
License Bonds
Contract Bonds
Bid Bonds: A bid bond is provided to the Obligee/Owner from the contractor in order to give assurance that if the contractor is the successful bidder the contractor can provide a payment and/or performance bond.
Performance Bonds: A bond which promises that the terms of a contract, or some of them, will be performed by the Principal/Contractor.
Payment Bonds: A bond which promises to pay some or all of the persons who provide material, labor, or services for prosecution of a contract.
Subdivision Bonds: Subdivision bonds are different from the more common performance bonds used for construction projects. With subdivision bonds, the owner of the project provides bonds to the public agency to guarantee the installation of improvements that will ultimately be dedicated to the public but paid for by the owner/developer.
Miscellaneous Bonds:
License and permit bonds are those required by state law, municipal ordinance, or by regulation and in some instances by the federal government or its agencies.
Friday, May 7, 2010
WORKERS' COMPENSATION
WHAT IS WORKERS' COMPENSATION?
If an employee is injured on the job due to physical injury or stress, he or she typically fills out a form at work that starts a workers' compensation claim [at times I'll refer to it as "WC" .] The completed form is then sent to the employer's insurance company who then pays the injured employee's medical costs and also pays the employee money for time off from work. This money is in lieu of wages the employee would have earned on the job.
Although the workers' comp system is heavily regulated by the State of California, workers' compensation benefits are paid by an employer's workers' compensation insurance policy. Disputes between the employee and the insurance company are litigated in the State system, the Workers' Compensation Appeals Board [WCAB].
Think of WC insurance working the same way as your auto insurance policy. With your car, if you get in an accident that is your fault, your insurance carrier pays claims under the provisions of your insurance policy. It works the same way with an employer's workers' compensation insurance policy.
Call TJM Insurance Services at (323) 206-6006 for your Workers Compensation coverage today!
We have several markets to help you with your business needs.
If an employee is injured on the job due to physical injury or stress, he or she typically fills out a form at work that starts a workers' compensation claim [at times I'll refer to it as "WC" .] The completed form is then sent to the employer's insurance company who then pays the injured employee's medical costs and also pays the employee money for time off from work. This money is in lieu of wages the employee would have earned on the job.
Although the workers' comp system is heavily regulated by the State of California, workers' compensation benefits are paid by an employer's workers' compensation insurance policy. Disputes between the employee and the insurance company are litigated in the State system, the Workers' Compensation Appeals Board [WCAB].
Think of WC insurance working the same way as your auto insurance policy. With your car, if you get in an accident that is your fault, your insurance carrier pays claims under the provisions of your insurance policy. It works the same way with an employer's workers' compensation insurance policy.
Call TJM Insurance Services at (323) 206-6006 for your Workers Compensation coverage today!
We have several markets to help you with your business needs.
Thursday, May 6, 2010
California Statute of Limitations for Civil and Personal Injury Actions - An Overview
What Is A "Statute of Limitations"
A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.
Proliferation of Statutes
Although people often speak of "the statute of limitations", in fact there are many statutes which apply limitations periods to civil actions.
Sometimes it can be difficult to keep track of the various statutes and their exceptions. Thus it is a very good idea for somebody who is concerned about losing their right to sue as a result of the expiration of the statutory limitations period to consult with a qualified lawyer, who can help determine which statute applies, and help preserve the right to recover damages.
Specific Civil Actions
The following periods represent a small sample of the statutory limitations periods in California. Please note that it may be possible to bring multiple causes of action from a single incident of wrongful conduct, and thus even if it appears that the relevant statute of limitations has run it may remain possible to bring a different claim. Also, there may be an exception to the standard limitations period that applies to any given situation. The following list is provided by way of example. If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified California lawyer.
Professional Malpractice: Legal malpractice, 1 year from date of discovery, to a maximum of four years from the date of the wrongful act. Medical malpractice, 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first. If the medical malpractice action is based upon the presence of a foreign object found inside the plaintiff's body, the statute of limitations does not start to run until the plaintiff discovers, or should have discovered, the object. The periods of limitation for medical malpractice apply to minors six years of age and older.
Personal Injury: 2 years.
Fraud: 3 years.
Libel / Slander / Defamation: 1 year.
Injury to Personal Property: 3 years.
Product Liability: 2 years.
Contracts: Written, 4 years; Oral, 2 years.
Statute of Limitations or Statute of Repose
A statute of repose is different from a statute of limitations, in that after the statutory period has expired it is not possible to file a lawsuit even if an injury occurs after that time. For example, if there is a twenty year statute of repose on the manufacture of aircraft, a claim cannot be filed against the manufacturer more than twenty years after the date of manufacture, even if a design or manufacturing defect is responsible for a later accident.
Accrual of Claims
A statute of limitations is said to start running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered.
The Discovery Rule
Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account.
When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.
Tolling of the Statute of Limitations
In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as
the bankruptcy is resolved or the stay is lifted).
Under California law, except in cases of medical malpractice, a minor has two years from the date of his or her 18th birthday to file a tort claim. For medical malpractice actions involving minors below the age of six, the action must be filed within three years of the date of the injury or before the minor's eighth birthday, whichever period is greater.
Contractual Limitations
It is often possible to shorten a statutory limitations period by contract. For example, an employment contract might require that any claim relating to the employment relationship, including wrongful termination, be filed within one year of the claimed wrongful conduct. Courts often uphold these clauses, particularly in the context of business transactions, even though they provide for a shorter limitations period than the statute of limitations would otherwise apply.
A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.
Proliferation of Statutes
Although people often speak of "the statute of limitations", in fact there are many statutes which apply limitations periods to civil actions.
Sometimes it can be difficult to keep track of the various statutes and their exceptions. Thus it is a very good idea for somebody who is concerned about losing their right to sue as a result of the expiration of the statutory limitations period to consult with a qualified lawyer, who can help determine which statute applies, and help preserve the right to recover damages.
Specific Civil Actions
The following periods represent a small sample of the statutory limitations periods in California. Please note that it may be possible to bring multiple causes of action from a single incident of wrongful conduct, and thus even if it appears that the relevant statute of limitations has run it may remain possible to bring a different claim. Also, there may be an exception to the standard limitations period that applies to any given situation. The following list is provided by way of example. If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified California lawyer.
Professional Malpractice: Legal malpractice, 1 year from date of discovery, to a maximum of four years from the date of the wrongful act. Medical malpractice, 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first. If the medical malpractice action is based upon the presence of a foreign object found inside the plaintiff's body, the statute of limitations does not start to run until the plaintiff discovers, or should have discovered, the object. The periods of limitation for medical malpractice apply to minors six years of age and older.
Personal Injury: 2 years.
Fraud: 3 years.
Libel / Slander / Defamation: 1 year.
Injury to Personal Property: 3 years.
Product Liability: 2 years.
Contracts: Written, 4 years; Oral, 2 years.
Statute of Limitations or Statute of Repose
A statute of repose is different from a statute of limitations, in that after the statutory period has expired it is not possible to file a lawsuit even if an injury occurs after that time. For example, if there is a twenty year statute of repose on the manufacture of aircraft, a claim cannot be filed against the manufacturer more than twenty years after the date of manufacture, even if a design or manufacturing defect is responsible for a later accident.
Accrual of Claims
A statute of limitations is said to start running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered.
The Discovery Rule
Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account.
When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.
Tolling of the Statute of Limitations
In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as
the bankruptcy is resolved or the stay is lifted).
Under California law, except in cases of medical malpractice, a minor has two years from the date of his or her 18th birthday to file a tort claim. For medical malpractice actions involving minors below the age of six, the action must be filed within three years of the date of the injury or before the minor's eighth birthday, whichever period is greater.
Contractual Limitations
It is often possible to shorten a statutory limitations period by contract. For example, an employment contract might require that any claim relating to the employment relationship, including wrongful termination, be filed within one year of the claimed wrongful conduct. Courts often uphold these clauses, particularly in the context of business transactions, even though they provide for a shorter limitations period than the statute of limitations would otherwise apply.
Tuesday, May 4, 2010
Premises Liability
Possession of Premises
Within the context of premises liability, a person "possesses" land or
premises when:
* The person is in occupation of the land with intent to control it;
* The person has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it; or
* The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.
The Status of the Plaintiff
Under the premises liability law of most jurisdictions it is necessary to determine if the plaintiff was an "invitee", a "licensee", or a "trespasser". The defendant's duty to the plaintiff can vary significantly depending upon how the plaintiff is classified. (Some jurisdictions have modified these definitions.) In the definitions below, "premises" should be read broadly to include land, premises, or places of business. The "possessor" is the person in possession of the premises.
Invitee
An invitee is person who is invited to enter or remain on the premises for a commercial benefit to the possessor of premises, or for a purpose directly or indirectly connected with business dealings with the possessor. An invitation may be either express or implied. (Example: A customer in a department store is an invitee, as the department store actively invites the public to come to the premises and to purchase merchandise while on the premises.) A premises owner owes the highest duty of care to an invitee.
Typically, a possessor has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm from a condition on the possessor's premises if:
1. the risk of harm is unreasonable, and
2. the possessor knows or in the exercise of ordinary care should know of the condition, and should realize that it involves an unreasonable risk of harm to an invitee.
The possessor may have a duty to periodically inspect the premises for the introduction of hazards to invitees. For example, a grocery store may be obligated to periodically check its floors for the presence of spilled or broken merchandise, and to make sure that its products are not likely to fall from its shelves.
Licensee
A licensee is a person who is invited to enter or remain on the premises for any purpose other than a business or commercial one with the express or implied permission of the owner or person in control of the premises. A social guest is considered to be a licensee, not an invitee.
Typically, a possessor of premises is liable for physical harm caused to a licensee by a condition on the premises if, but only if, the plaintiff establishes the following three elements:
1. The possessor knew or should have known of the condition, should have realized that it involved an unreasonable risk of harm to the licensee, and should have expected that the licensee would not discover or realize the danger;
2. The possessor failed to exercise reasonable care to make the condition safe, or to warn the licensee of the condition and the risk involved; and
3. The licensee did not know or have reason to know of the condition and the risk involved.
For example, if a homeowner knows that one of the steps leading into a basement is broken (but would not appear to be broken to a reasonably observant individual), the homeowner may be liable to a guest who, without notice of the broken step, is injured when the step gives way.
Trespasser
A trespasser is a person who goes upon the premises of another without an express or implied invitation, for his or her own purposes, and not in the performance of any duty to the owner. It is typically not necessary for a defendant to establish that the trespasser had unlawful intent in making such an entry.
Where premises owners are not aware of the presence of trespassers, they typically have no duty to warn a trespasser of any dangers or to make their premises safe for the benefit of a trespasser. If the premises owner is aware of the presence of trespassers, the premises owner may be obligated to exercise ordinary care in relation to the safety of a trespasser.
Public Roads and Sidewalks
Premises owners are typically charged with clearing public sidewalks in front of their premises, and to maintain their premises so as not to pose a danger to members of the public who are passing by on a public street or sidewalk.
Non-Delegability of Duties
The duties of a premises owner are typically nondelegable. If the defendant remains in possession, the defendant cannot escape responsibility merely because he contracted with a company to provide maintenance. For example, a business remains liable for the condition of its parking lot, even if it has hired a landscaping company to maintain the parking lot and to remove snow and ice. A landlord remains liable for the condition of the housing it owns, even if it has contracted with a management company to provide all service and maintenance in relation to the housing.
Contact TJM Insurance Services with questions on Premises Liability Coverage.
Within the context of premises liability, a person "possesses" land or
premises when:
* The person is in occupation of the land with intent to control it;
* The person has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it; or
* The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.
The Status of the Plaintiff
Under the premises liability law of most jurisdictions it is necessary to determine if the plaintiff was an "invitee", a "licensee", or a "trespasser". The defendant's duty to the plaintiff can vary significantly depending upon how the plaintiff is classified. (Some jurisdictions have modified these definitions.) In the definitions below, "premises" should be read broadly to include land, premises, or places of business. The "possessor" is the person in possession of the premises.
Invitee
An invitee is person who is invited to enter or remain on the premises for a commercial benefit to the possessor of premises, or for a purpose directly or indirectly connected with business dealings with the possessor. An invitation may be either express or implied. (Example: A customer in a department store is an invitee, as the department store actively invites the public to come to the premises and to purchase merchandise while on the premises.) A premises owner owes the highest duty of care to an invitee.
Typically, a possessor has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm from a condition on the possessor's premises if:
1. the risk of harm is unreasonable, and
2. the possessor knows or in the exercise of ordinary care should know of the condition, and should realize that it involves an unreasonable risk of harm to an invitee.
The possessor may have a duty to periodically inspect the premises for the introduction of hazards to invitees. For example, a grocery store may be obligated to periodically check its floors for the presence of spilled or broken merchandise, and to make sure that its products are not likely to fall from its shelves.
Licensee
A licensee is a person who is invited to enter or remain on the premises for any purpose other than a business or commercial one with the express or implied permission of the owner or person in control of the premises. A social guest is considered to be a licensee, not an invitee.
Typically, a possessor of premises is liable for physical harm caused to a licensee by a condition on the premises if, but only if, the plaintiff establishes the following three elements:
1. The possessor knew or should have known of the condition, should have realized that it involved an unreasonable risk of harm to the licensee, and should have expected that the licensee would not discover or realize the danger;
2. The possessor failed to exercise reasonable care to make the condition safe, or to warn the licensee of the condition and the risk involved; and
3. The licensee did not know or have reason to know of the condition and the risk involved.
For example, if a homeowner knows that one of the steps leading into a basement is broken (but would not appear to be broken to a reasonably observant individual), the homeowner may be liable to a guest who, without notice of the broken step, is injured when the step gives way.
Trespasser
A trespasser is a person who goes upon the premises of another without an express or implied invitation, for his or her own purposes, and not in the performance of any duty to the owner. It is typically not necessary for a defendant to establish that the trespasser had unlawful intent in making such an entry.
Where premises owners are not aware of the presence of trespassers, they typically have no duty to warn a trespasser of any dangers or to make their premises safe for the benefit of a trespasser. If the premises owner is aware of the presence of trespassers, the premises owner may be obligated to exercise ordinary care in relation to the safety of a trespasser.
Public Roads and Sidewalks
Premises owners are typically charged with clearing public sidewalks in front of their premises, and to maintain their premises so as not to pose a danger to members of the public who are passing by on a public street or sidewalk.
Non-Delegability of Duties
The duties of a premises owner are typically nondelegable. If the defendant remains in possession, the defendant cannot escape responsibility merely because he contracted with a company to provide maintenance. For example, a business remains liable for the condition of its parking lot, even if it has hired a landscaping company to maintain the parking lot and to remove snow and ice. A landlord remains liable for the condition of the housing it owns, even if it has contracted with a management company to provide all service and maintenance in relation to the housing.
Contact TJM Insurance Services with questions on Premises Liability Coverage.
Subscribe to:
Posts (Atom)
