Sanity still exists in some legal decisions

A woman who texted her boyfriend while he was driving cannot be held liable for a car crash he caused while responding, seriously injuring a motorcycling couple, a judge in New Jersey ruled last Friday in what is believed to be the first case of its kind in the country.

Had the judge ruled in favor of the plantiff this would have opened pandora’s box regarding liability insurance for the person sending the text. Would auto insurance, homeowners, or umbrella insurance be responsible?

You can read more about this legal decision in this suit involving texting here.

Flood insurance extended to July 31

As expected, President Barack Obama on May 31 signed into law an extension of the federal flood insurance program until July 31.

H.R. 5740, agreed to by the House and Senate last week, reauthorizes the National Flood Insurance Program (NFIP) to enter into new contracts for flood insurance and borrow from the Treasury through July 31, 2012. Also beginning on July 1, 2012, the law phases out subsidized premium rates for residential property that is not the primary residence of an individual.

Without the extension, the program would have expired May 31.

The deal for this latest short-term extension was struck after Senate leaders agreed they would take up longer-term authorization and reforms of the NFIP later this month.

Both the House and Senate have legislation under consideration that would reauthorize the NFIP through 2016. The House passed H.R. 1309 with a 406-22 bipartisan vote in 2011. The Senate Banking Committee has approved its own reform bill, S. 1940, the Flood Insurance Reform and Modernization Act, last September, however it not yet been afforded full Senate consideration despite the urging of 41 senators in February. That floor consideration is now supposed to happen this month.

The NFIP has been caught in a cycle of short-term extensions and several lapses since 2008. The NFIP expired four times in 2010 alone. The NFIP is nearly $18 billion in debt to federal taxpayers.

Dog Attacks Up

Nationwide, dog attack insurance claims are up 12 percent from 26,166 claims in 2010 to 29,396 claims in 2011, according to the Insurance Information Institute.

Your renters and homeowner premiums are more costly because they cover dog bite claims….even if you don’t own a dog. Some insurers will give a premium credit if you don’t own animals. Siver Insurance has a dozen insurers that offer various discounts and we always match you with the insurance company that offers credits you’re eligible for.

Children and the elderly are the most at risk for attack, according to the American Humane Association. Those in the delivery service industry ranked third among likely victims.

A dog’s tendency to bite depends on such factors as heredity, obedience training, socialization, health and the victim’s behavior, according to the AHA. Approximately 92 percent of fatal dog attacks involved male dogs and 94 percent of those were not neutered, according to the statistics.

Allstate said it hasn’t studied the reasons behind the spike in attacks in Pennsylvania but the economy could be one factor. More struggling families are living together with extended relatives, including children and the elderly.

“If suddenly you’re in a multi-family situation, then there are new routes of exposure to your dog,” said Dave Phillips, spokesman for Allstate. “We think about these dogs as pets, but at the core they’re still animals. They shouldn’t be approached while eating, or startled by some unknown person.”

At the Levittown Post Office, workers are quick to brandish their leg scars.

Many of the homeowners along Torres’ route are caring for a relative’s dog, he said. One such animal had a “taste for blood,” he said.

Torres said he couldn’t remember the breed, but it was about 40 pounds. After escaping the backyard fence, it came at him “like a bullet,” he said.

“It got a taste of blood and it just kept biting,” said Torres. “When I looked down, my leg was covered in blood.”

The U.S. Postal Service asks dog owners to check the strength of screen doors and windows used during the spring and summer months. Homeowners with a lot of dogs are encouraged to position mailboxes farther away from the house.

Torres said some homeowners along his route actually chain dogs to the mailbox. In some cases, mail carriers will refuse to make deliveries at those homes, he said.

Allstate encouraged pet owners to check their homeowners insurance policy, which might include coverage for animal attacks. Dog bites accounted for one-third of all homeowners insurance claims paid out in 2011, costing nearly $479 million, according to the Insurance Information Institute.

Torres said he has never taken legal action against a dog owner. However, the postal service will ask the pet owners to cover the cost of lost work time when a postal carrier is recovering from injuries.

“I don’t know of anyone in this job who has not been bitten,” Torres said. “There are some of us who just refused to go back out there.

“They just can’t handle the dogs,” he said. “It becomes scary.”

Information from: Bucks County Courier Times.