39th Annual Meeting of the Surety Claims Institute (“SCI”)
Wright, Constable & Skeen, LLP’s attorneys, Jerry Sunderland and Jason Potter, are the Co-program Chairs at SCI’s 39th annual meeting to be held during the last week of June at the Grove Park Inn, Asheville, North Carolina.
This meeting is usually attended by over 125 outside surety practitioners, surety claims consultants, and in-house surety claims professionals. The two day educational program focuses on various topics of interest to surety claims practitioners. The SCI is a national organization. The attendees are from throughout the United States. The program which Jerry and Jason have developed for this year’s meeting will address recent developments in the area of fidelity and surety law, including a multiple hour discussion of a recent United States Court of Appeals for the Federal Circuit decision involving the surety’s rights to contract funds held by the United States and related claims dealing with the United States. There will also be papers involving current developments for commercial sureties faced with insolvent companies, and other discussions related to a surety’s ability to contest the dischargeability of individuals who served as fiduciaries.
Jerry and Jason will also co-present a paper entitled “Yes, Virginia, a Surety Does Have Rights,” which will address a surety’s rights when a government agency may threaten adverse action against a surety.
This is the second year in which Jerry and Jason have served as Co-program Chairs. Jerry currently serves as the SCI’s Secretary and is a member of the SCI’s Board of Directors. Jerry has over 40 years experience in surety law not only in private practice but also as an in-house surety claims professional for two major surety companies.
You Have Been in an Automobile Accident, What Should You Do?
A car accident is not something you can ever predict; however if one does occur, you should know what to do immediately thereafter to reduce the severity of its repercussions. Neil Lanzi, P.A. has compiled step-by-step instructions of what to do immediately after getting into an accident. We hope it helps if that terrible moment ever does occur.
- If you can do so safely, pull your vehicle off to the side of the road out of harm’s way.
- Whether you are at fault or not, call 911 for help if you believe you, someone in your vehicle or someone in the other vehicle has been injured.
- Do not leave the scene of the accident.
- Do not volunteer any information to anyone. For example, do not state to the other driver, “I am so sorry, I was sending a text message.”
- Limit your immediate communications to medical care providers only. (more…)
Origins and Characteristics of Navigation and Trading Warranties
Trading Warranties (also called Navigation limits) can be found in almost every marine insurance policy. A typical yacht policy navigation warranty states: “This policy provides coverage when the ‘insured yacht’ is being used or navigated within navigation limits specified on the Declarations page. There is no coverage under this policy if the ‘insured yacht’ is being used or navigated outside the navigation limits specified on the Declarations page.” The Declarations page may then provide certain route restrictions (e.g., remain in inland waterways), may specify areas to be avoided during hurricane season, or may limit how far offshore the vessel may go before “sailing out of coverage.”
Marine Insurance and the Doctrine of Uberrimae Fidei
While Latin is often referred to as a “dead language” it is still alive and well in the ancient principles of marine insurance. In particular, the doctrine of uberrimae fidei still lives on. When translated, this Latin phrase refers to the duty of “utmost good faith and fair dealing.” This is the duty owed by a vessel owner to a marine insurer whenever he applies for a policy of marine insurance.
Minimizing Liability in Towing Contracts: How Low Can You Go?
Contrary to popular belief, a contract of marine towage does not create a bailment. Case law has long established that he owner of the boat being towed is not a bailor, and the towboat operator is not a bailee.
Warranties of Seaworthiness in Marine Insurance
Whether a boatowner knows it or not, there are two occasions upon which he will warrant to his marine insurer that his vessel and all of its appurtenances are in tight, staunch, and seaworthy condition. No words need to be spoken and nothing needs to be written in order for these warranties to be conveyed. The warranties of seaworthiness are silently implied into every hull insurance policy by longstanding principles of marine insurance law. It is important for boatowners to understand these warranties, the manner in which they are conveyed, and the moments they attach, since the penalty for breaching a warranty of seaworthiness is loss of coverage and avoidance of insurance claims.
Maintaining Health Care Coverage After a Divorce
The cost of health care has made health insurance a critical necessity for most families. In an intact family, generally at least one spouse will have health insurance coverage provided as an employment benefit that covers the entire family. However, upon divorce, the non-employee spouse may no longer qualify for continued coverage under the employee spouse´s health insurance because of the loss of dependent status. Fortunately, there are ways for the spouse without a health care benefit to continue health care coverage after divorce.