business services insurance news hotels

New York Hotels

2022-07-13T14:57:00.003-07:00

New York Hotels

New York is one of the richest and most happening cities of the world. New York is famous for the New York Stock Exchange, the Statue of Liberty, nanotechnology and microchip making, its vineyards, its cut diamonds, and its orchards. New York's gross state product is well over $ 1 trillion. It is said that if New York was an independent country by itself, it would be the 16th largest economy in the globe. New York is a flourishing city and Times Square is one of the liveliest spots of New York. The personal per capita income of New York is well over $ 46,000. Hence, most people who live in New York are extremely affluent except those who live in the ghettos of the city. The New York hotels, like the other establishments of New York, are plush, posh, dazzling and overwhelming.

Sightseeing Attractions in New York

As New York is a renowned financial and commercial hub of the United States of America and the world, several businessmen and women travel to New York frequently. The New York Stock Exchange (NYSE), the biggest stock exchange of the globe, is an important trading center of New York, the US, and the world. The headquarters of many multinational companies and investment banks are located in New York. The New York hotels provide excellent accommodation to all the corporate managers as well as to the tourists who visit New York. New York happens to be a great tourist hub and is thronged by holidaymakers from all across the world. The Empire State Building, American Museum of Natural History, Museum of Modern Art, Broadway, Lincoln Center for the Performing Arts, Madison Square Garden, World Financial Center, the new World Trade Center, Hudson River, Carnegie Hall, Central Park, Statue of Liberty, Queens Zoo, Rockefeller Center, Wall Street, etc. are some of the many tourist hotspots of New York. The New York hotels generally arrange for tours for their guests so that the latter can have a gala time in New York.

Different Types of New York Hotels and the Different Areas of New York

The hotels of New York are countless in number. New York hotels can broadly be divided into luxury New York hotels, boutique New York hotels, airport hotels and cheap New York hotels. The hotels in New York cater to the needs of diverse travelers. However, most New York hotels charge exorbitant amounts from their guests. Even the cheap New York hotels ask for prices that are forbidding. Manhattan is one of the most expensive places of New York apart from Broadway and Times Square. Chinatown, in Manhattan, is a popular home for Asian immigrants. Manhattan also happens to be a favorite haunt of all the tourists of the city. Brooklyn is one of the cheapest areas of New York, apart from the ghetto areas, which are predominantly populated by the African-American population of New York. Harlem is another area of New York where a large section of the African American population of the city resides. The Asian immigrants of New York reside primarily in the area of Queens.

A reason why the New York hotels are never in dearth of occupants is because of the fact that New York is an extremely well-connected city. New York is served by the underground railway system and four suburban railway tracks. The John F. Kennedy International Airport is the main airport of the city. Several New York hotels have cropped up in the vicinity of the various tourist attractions of New York so that hotel guests can go for sightseeing easily, without boarding buses or hiring long-distance automobiles for traveling.

Conference Facilities in the Luxury and Boutique New York Hotels

Some of the finest and costliest hotels of New York are The Waldorf Astoria, The Four Seasons Hotel, The Carlyle, The Peninsula, New York Palace, The Alex, Trump International, etc. The Carlyle is a grand old New York hotel that encapsulates an old-world charm and aura. It comprises an imposing edifice on Madison Avenue and is rated as one of the best boutique New York hotels. The hotel boasts of 4,033 square feet of meeting and conference space. One of the most fabulous hotels of New York, the Carlyle sports a frontage bedecked in the Art Deco style. The ceiling of the hotel is beautifully carved. The Carlyle vaunts enormous and impressive banquet and conference halls, antechambers and suites. It's one of the few hotels of New York that's an ideal venue for boardroom battles, symposiums, seminars, conferences, after-dinner meets, weddings, dances, and parties. The conference halls of The Carlyle are equipped with the latest and hi-tech audiovisual gadgets so that conferences may be conducted seamlessly.

If The Carlyle is imposing, then The Waldorf Astoria is magnificent. The Waldorf Astoria is one of the New York hotels that transports you back to a period when gentlemen in tailcoats escorted ladies in long gowns from horse-drawn barouche-landaus to Victorian-styled drawing rooms, when people still observed British mannerisms and customs in the New World. The hotel is adorned by antique furniture and decorations that hark back to 1893, the year when the hotel was built. The Waldorf Astoria is a great venue for meetings and events. The hotel has 60,000 square feet of conference space. The Waldorf Astoria is one of the few hotels of New York that boasts of a rich experience and consequently a rich expertise, in hosting state dinners and corporate meetings. It's also one of the few hotels of the city that has invested millions of dollars in enhancing its meeting facilities and technological capabilities. The Waldorf Astoria is one of the rare hotels of New York that offers its corporate guests direct-link satellite broadcasting facilities and ultra-high-velocity Internet connectivity to support hi-tech videoconferencing and web conferencing.

Where meetings and events are concerned, the Waldorf Astoria is regarded as one of the special hotels of New York. This is because the hotel assigns the conference management task to an Event Manager who performs the task of conference management on behalf of the clients or guests. The Event Manager and their team look into every aspect of conference management so that clients face no problem in hosting and conducting conferences. The fourth and the eighteenth stories of the hotel are dedicated for conferences and events. Each of the luxury and boutique New York hotels is an excellent venue for meetings and events. The luxury and boutique hotels of New York charge anything between $219 and $ 3,600 per day, per guest. Many say that the luxury and boutique New York hotels are too opulent and showy. They show new money, unabashedly. Many opine that the hotels of New York, however flashy, cannot compare to the London hotels or the Paris hotels in class and heritage. The New York hotels, according to many, show more power than anything else. This is not surprising because New York is situated in the United States of America, the most powerful nation of the world.

Airport New York Hotels and Their Business Centers

Now let's turn to examine some other types of New York hotels. New York is served by three airports: the JFK International Airport, LaGuardia Airport and the Newark Liberty International Airport. The hotels which are classified as airport New York hotels are located in close proximity to these airports. The various airport hotels of New York that are situated close to the JFK International Airport are the Ramada Plaza Hotel, Fairfield Inn by Marriott, Days Inn, Best Western, Comfort Inn, Holiday Inn Express, Sheraton, etc. The various airport hotels of New York that are situated close to the LaGuardia Airport are the LaGuardia Airport hotel, Clarion Hotel, Marriott, Crowne Plaza, Comfort Inn, etc. The various airport hotels of New York that are situated close to the Newark Liberty International Airport are the Marriott, Days Hotel, Wyndham Garden Hotel, Renaissance Hotel, etc.

These New York hotels charge much lower rates than the boutique and luxury New York hotels. If you opt to stay in any of the airport hotels, you'll have to cough up about $ 49 to $ 199 per day. Affordable, isn't it? But on the downside, most airport hotels in New York can't afford you conference facilities at the rates they charge you. Most of these hotels, however, possess Business Centers, which are equipped with photocopying and facsimile facilities, wireless Internet connectivity, and computers with Internet connections. Some of the airport New York hotels such as the Fairfield Inn by Marriott, have banqueting facilities. The airport hotels of New York are plainly furnished and sparsely decorated.

Family and Pet-Friendly New York Hotels

Family hotels and pet-friendly hotels are other types of hotels in New York but these hotels are occupied mostly by families on holidays and not by people who'd like to host meetings. Hence, conference facilities are not present in such hotels. However, as there are exceptions to all rules, some of these hotels are equipped with business and meeting facilities.

Cheap New York Hotels

And finally, we come to that section of hotels known as the cheap New York hotels. Most of the cheap hotels of New York are not hotels but hostels, inns and boarding houses. As has been mentioned before, even the cheap hotels of New York can be dear. However, they're much cheaper compared to the other hotels of New York. They also lack proper amenities. Which is why they're designated as cheap New York hotels. Most of the rooms in cheap New York hotels don't possess attached bathrooms and guests have to use the common bathroom of the corridor. The cheap hotels in New York are boarded mostly by youngsters, students and backpackers, who not only don't mind the discomforts of life but also take them with an adventurous spirit.

The rooms of these hotels aren't equipped with telephones and these hotels don't accept payment by credit card. The rooms of many of these New York hotels are equipped with bunk beds and almost resemble dormitories. Bathrooms in these hotels may also be dirty. And don't even think of hosting a conference in these New York hotels unless you're willing to call 'a room full of young students jumping about', a 'conference'. But the cheap New York hotels are generally located at spots close to the New York subways, tourist hotspots, and shops. So, you can get a good feel of the city if you reside in these hotels, provided you don't mind the accompanying hardships.

Choosing New York Hotels

You can choose hotels in New York according to your budget, conference preferences, the conference facilities that the hotels offer, location of the hotels, and other parameters. If you choose wisely, you'll stand to gain in many ways because New York has plenty to offer. The cityscape of New York that most luxury New York hotels capture is beautiful while the poverty and squalor in the ghettos of New York is shocking and sad. One thing must be said of all the New York hotels, whether they are luxury hotels or boutique hotels or airport hotels or family hotels or cheap hotels - they help you to get a feel of the city and experience the city from different angles and perspectives.

Paris Hotels

2022-07-13T14:52:00.002-07:00

Paris Hotels

The fashion capital of the world and the city of dreams, Paris attracts hordes of tourists and business travelers to its ethereal realms every year. A marvelous and spectacularly beautiful city, Paris embodies all that is ancient and magnificent, ultra-modern and chic of European culture. While the Louvre is visited by art and sculpture lovers and enthusiasts of the world, the Rue Saint-Honore and the Champs Elysees are thronged by globetrotters and shopaholics who patronize haute couture and who like to regale themselves at nightclubs. Paris is dotted with numerous hotels. The various Paris hotels offer excellent accommodation to the travelers who arrive at this historic European city for holidaymaking, attending art conferences and for business.

Luxury Paris Hotels

The many Paris hotels that are located in the heart of the city, in close proximity to the Arc de Triomphe, the Louvre museum, on Champs Elysees and Rue Saint-Honore, the celebrated Eiffel Tower, Place de la Concorde, Tuileries Garden, the Elysee Palace, the Invalides Museum, the Seine river that cuts across Paris, and the other renowned landmarks of Paris are obviously the most expensive and the plushest hotels of the city. Some of the best luxury Paris hotels are the Hotel Plaza Athenee, Hotel Pont Royal, Hotel Le Meurice, Tiara Chateau Hotel Mont Royal, Hotel de Crillion, Radisson Blu Le Dokhan's Hotel, The Westin Paris, La Tremoille, Hyatt Regency Madeleine, Hotel du Louvre, Trianon Palace Versailles, Sofitel Paris Arc de Triomphe, etc.

The luxury Paris hotels charge anything from 610 to 20,000 per day according to the rooms and suites that you choose to stay in. These hotels of Paris provide grand luxury to their inmates. Each of the rooms and suites are gloriously furnished and opulently decorated. Whether you've booked just a single room or the Presidential suite, you'll feel that you're re-living history and living like one of the Parisian monarchs, in the luxury Paris hotels. The architecture of each of the modern luxury Paris hotels resembles that of some medieval palace or imposing medieval edifice of Paris in one way or the other. So it'll not be surprising if you feel like Louis XIV or Napoleon Bonaparte while traversing through the rooms of a luxury Paris hotel. Though equipped with modern and hi-tech amenities for the comfort of the 21st century traveler, the luxurious hotels of Paris represent the medieval spirit of the Palace of Versailles, the fascinating beauty of the exhibits of the Louvre, the exquisite workmanship of the Notre Dame and the intellectual superiority of the Montmartre in their halls, rooms, their decor and in their milieu.

Conference Facilities, Banqueting, Weddings and Fashion Shows in Luxury Paris Hotels

Needless to say, the luxury hotels of the city are great places for historic meetings and rendezvous. These hotels boast of spacious and elaborate conference and banquet halls equipped with the smartest audiovisual gadgets so that meetings may be conducted seamlessly. It's an altogether different experience to conduct or attend meetings amidst gorgeous surroundings, intricately carved statues, sculptures and caryatids in the meeting rooms of these Parisian hotels. While transporting you to a bygone age, the meeting rooms in these hotels help you to experience the advantages of cutting-edge technology when you're hosting and participating in interactive conferences. Meeting room layouts in these hotels can be arranged as you wish and according to which Parisian landmark you'd like your meeting attendees to get a glimpse of in the course of the meeting: the Eiffel Tower, the Tuilleries Garden or the Louvre.

The luxury hotels of Paris are also perfect venues for celebrating weddings and for hosting parties and fashion shows. The luxury Paris hotels employ the talents of the best chefs of Paris who dish out their amazing and mouthwatering creations at banquets, parties, weddings and conference luncheons and dinners hosted in the hotels.

Medium-Priced Paris Hotels

These hotels are situated on highways, near the Charles de Gaulle Airport of Paris or in places in the city from where long-distance traveling is essential to get to downtown Paris and the various tourist hotspots of Paris. Medium-priced hotels in Paris are good hotels and offer fine accommodation facilities to their guests. They are well decorated but not opulently decorated. The décor in medium-priced Parisian hotels is modern and posh and focuses more on utility than on grandeur. Medium-priced hotels afford their guests an extremely comfortable stay as rooms and suites in these hotels are equipped with all the modern amenities. The medium-priced hotels of Paris are generally 3 and 4 star hotels.

The medium-priced Paris hotels are noted particularly for the sumptuous breakfasts that they serve their guests every morning. Sumptuous breakfasts, in Parisian hotels, are included with the room charges and are not extra as they are in the London hotels. Breakfast halls are typically roomy and divided into many segments so that different groups of tourists can sit in the different segments, while they eat. Breakfasts are well-laid out and include meat as well as non-meat products. Different kinds of French cheese; fruits, fruit juice; a variety of French bread including baguettes and croissants with generous helpings of butter, marmalade, pork-spread and jam; different preparations of egg such as French omelets, scrambled eggs, fried eggs and boiled eggs; milk, cream; cereals such as cornflakes and porridge; pork products such as grilled and deep-fried bacon, smoked and grilled sausages, ham and salami; and beverages such as tea and coffee are what you'll see in the breakfast halls of medium-priced Paris hotels every morning, when you wake up, bleary-eyed and eager for a hearty meal. Hotel guests of these hotels have often praised the kitchen staff of these hotels for serving tasty and filling breakfasts, luncheons and dinners.

Medium-priced Paris hotels charge anything from 102 to 500 per day. Some of the most famous medium-priced Paris hotels are Express by Holiday Inn, Lille Center, Abba Montparnasse Hotel, Baltimore Paris Hotel, Astra Opera Hotel, Best Western Etoile Saint Honoré Hotel, Best Western Premier Elysées Bassano Hotel, Castille Paris Hotel, Metropol Hotel, Modern Lafayette Hotel, etc.

Meeting Facilities in Medium-Priced Paris Hotels

All medium-priced Paris hotels are equipped with meeting rooms and conference facilities. The meeting rooms in such Paris hotels are equipped with hi-tech audiovisual gadgets so that meetings may be conducted, effortlessly. The seating arrangements in the conference halls may be designed as you wish, in boardroom, U shaped, cabaret, classroom or in other styles. All medium-priced Paris hotels are equipped with Business Centers which are operational 24 hours a day, 7 days a week for the benefit of conference hosts, presenters and attendees.

Budget and Cheap Paris Hotels

The budget Paris hotels are also known as the cheap Paris hotels. These hotels are plainly decorated and are ideal for travelers who travel on a strict budget. Rooms in these hotels are equipped with basic amenities. Many of the cheap hotels of Paris are located in the Montmartre area of Paris, the artists' quarter and the various flea markets of Paris. The Montmartre area and the Latin quarters near the world famous University of Paris, Sorbonne, are inhabited by intellectuals and students who prefer living on a tight budget. So, the cheapest hotels of Paris which are situated in these areas offer several advantages to their inmates. The Ile de la Cite of Paris epitomizes the quaint culture and charms of Paris. Several cheap Parisian hotels have cropped up here too. The Ile de la Cite houses the famous Notre Dame and other well-known landmarks. Many famous museums of Paris, other than the Louvre, are located in the vicinity of the Ile de la Cite. These are the Musee d'Orsay and the Musee De La Conciergerie. The guests of the cheap hotels hence have a wonderful time visiting the repositories and their breathtaking works and sightseeing in these picturesque parts of Paris.

There is a distinct advantage of living in the budget hotels of the city because these Paris hotels encapsulate the tasteful and lively culture of Paris. As they are located in the crowded areas of Paris near the museums and universities, the hubs of intellectual learning and culture, they offer endless opportunities to their guests to explore the nooks and crannies of Paris, to get the feel and pulse of the city, it's rich and variegated history, its myriad etiquette, cuisines, artworks, the romantic spirit of the sculptures that adorn the city, every now and then. The cheap Paris hotels ask for anything between 30 and 150 for a single night's stay.

Paris is a truly enchanting city. Its romantic aura encompasses you the moment you step into the city. Every boulevard, every sidewalk, thoroughfare, every street corner of Paris is a treat for the eye of the discerning tourist. Whether you're parading the Grande Gallery of the Louvre or admiring the fabulous interiors of the Palace of Versailles, whether you're getting your picture painted in the Montmartre or just gazing at the Egyptian obelisk in the Place de la Concorde, you'll always be surrounded by the rich heritage of Paris, a heritage that's inextricably interwoven with the city, its people and its monuments. And all the Paris hotels, however modern or sophisticated, try to be the archetype of the city's wonderful past. So it's no wonder that tourists feel the turmoil and turbulence of the Bastille, hear the screams and shrieks of guillotine victims, and perceive the sounds of Louis's hundred horsemen clip-clopping on the roads of Paris while they roam in Paris or when they reside at the Paris hotels.

What to Look For in a Lawyer

2022-07-13T14:49:00.002-07:00

What to Look For in a Lawyer

Allow me to begin by saying that do-it-yourself lawyering has its limits. Surely, you can draft contracts on your own, you can survive gruesome negotiations with your business clients, you can settle a marital dispute among yourselves but when the need to come to court arises, you need to get a lawyer. Expenses will be incurred, professional fees will have to be paid and the usually lengthy process will have to be endured. More often than not, the costs of resolving a problem are far greater than the costs of preventing the problem. Prevention, as they say, is always better than cure. So hire a lawyer and hire a good one.

Qualifications

The "practice of law" is loosely defined as ministering to the legal needs of another person by the application of legal principles and knowledge by a person trained in the law. By this definition however, a paralegal or even a secretary who has knowledge of the laws, who has been "trained" by the sheer fact of having been employed for a period of time in a law firm, is considered engaged in the practice of law. When finding a lawyer therefore, look for a "qualified" lawyer. Meaning, be sure that your lawyer has successfully completed his law course, has successfully passed the bar examinations and is licensed to practice in the very jurisdiction where a particular legal relief is asked for. When facing a legal dispute, the last thing you need is a bogus lawyer. It is perfectly ethical to ask for a lawyer license before you even begin to share your innermost secrets with them. Normally though, they would hang their certifications on the wall.

Expertise

Every qualified lawyer has his own expertise. He may be an expert in any one of the following categories of law: international law, labor law, civil law, taxation law, litigation, or criminal law. These are the major categories. Thus, you may hear of a litigation lawyer or an immigration lawyer. Note however, that lawyers' specializations are "acquired" through experience, not simply because they think they are great at it.

Personal Qualities

This is one aspect of lawyering where a young, inexperienced lawyer can actually get ahead of an experienced one. Young lawyers are usually vibrant, supportive and sympathetic. They tend to treat their clients like their babies. They take care of every little detail, even the unimportant ones. But this exactly is how paying clients want to be treated. Clients tend to feel that they are getting their money's worth with the kind of attention they are getting.

The personal qualities to look for in a lawyer depend greatly on the kind of client you are. If you are the no-nonsense type, you may prefer to hire an older, retirable lawyer. These types of lawyer are less interested in what you have to say. Sometimes, they are not even interested in what they have to say. Lawyering has become a routine for them, much like brushing their teeth in the morning. But their experience is impeccable. Their strategies are tried and tested so your chance at winning your case is considerably high if you get them.

Credibility

The credibility of a lawyer may be seen in several contexts. It can mean lack of a bad reputation. It can be built on charisma coupled with referrals from past satisfied clients. It can be destroyed by the lawyer himself, as when he gives a legal advice and overturns his own legal opinion without cushioning the effects. To be sure, no lawyer can ever get clients if he is not believable and trustworthy.

Availability

So you now have a qualified, expert and credible lawyer having the personal qualities you look for. The next thing to consider is whether that lawyer is available to attend to your problem. More often than not, your lawyer will say that he is willing, able and happy to assist you. Behold, he said the same thing to several others this morning, and last week, and the week before that. The point is, a lawyer can only do so much. He can't be attending hearings all at the same time. He would probably resort to cancelling or rescheduling hearings and important meetings to make ends meet. If your chosen lawyer has a law firm, there will certainly be other lawyers who can attend to you in case he is not available. You will find this acceptable but not until your case has been reassigned from one hand to another.

Professionalism

Having a "professional" lawyer is so much different from a having a lawyer who managed to "appear" professional. They say that lawyering is 80% representation. The representation begins when you first meet your client. A lawyer would normally give you the "lawyer look"--- wears a suit, clean-cut, drives a black luxury car, and brings a suit case. This, however, is not what defines professionalism. Professionalism means that your lawyer does attend to your needs, makes his research, beats the deadlines, and returns your phone calls. So do not be fooled by the lawyer-look alone. It would be great if your lawyer can pull it off with the lawyer look and the genuine professionalism though.

The Need For An Entertainment Lawyer In Film Production

2022-07-13T14:45:00.002-07:00

The Need For An Entertainment Lawyer In Film Production

Does the film producer really need a film lawyer or entertainment attorney as a matter of professional practice? An entertainment lawyer's own bias and my stacking of the question notwithstanding, which might naturally indicate a "yes" answer 100% of the time - the forthright answer is, "it depends". A number of producers these days are themselves film lawyers, entertainment attorneys, or other types of lawyers, and so, often can take care of themselves. But the film producers to worry about, are the ones who act as if they are entertainment lawyers - but without a license or entertainment attorney legal experience to back it up. Filmmaking and motion picture practice comprise an industry wherein these days, unfortunately, "bluff" and "bluster" sometimes serve as substitutes for actual knowledge and experience. But "bluffed" documents and inadequate production procedures will never escape the trained eye of entertainment attorneys working for the studios, the distributors, the banks, or the errors-and-omissions (E&O) insurance carriers. For this reason alone, I suppose, the job function of film production counsel and entertainment lawyer is still secure.

I also suppose that there will always be a few lucky filmmakers who, throughout the entire production process, fly under the proverbial radar without entertainment attorney accompaniment. They will seemingly avoid pitfalls and liabilities like flying bats are reputed to avoid people's hair. By way of analogy, one of my best friends hasn't had any health insurance for years, and he is still in good shape and economically afloat - this week, anyway. Taken in the aggregate, some people will always be luckier than others, and some people will always be more inclined than others to roll the dice.

But it is all too simplistic and pedestrian to tell oneself that "I'll avoid the need for film lawyers if I simply stay out of trouble and be careful". An entertainment lawyer, especially in the realm of film (or other) production, can be a real constructive asset to a motion picture producer, as well as the film producer's personally-selected inoculation against potential liabilities. If the producer's entertainment attorney has been through the process of film production previously, then that entertainment lawyer has already learned many of the harsh lessons regularly dished out by the commercial world and the film business.

The film and entertainment lawyer can therefore spare the producer many of those pitfalls. How? By clear thinking, careful planning, and - this is the absolute key - skilled, thoughtful and complete documentation of all film production and related activity. The film lawyer should not be thought of as simply the person seeking to establish compliance. Sure, the entertainment lawyer may sometimes be the one who says "no". But the entertainment attorney can be a positive force in the production as well.

The film lawyer can, in the course of legal representation, assist the producer as an effective business consultant, too. If that entertainment lawyer has been involved with scores of film productions, then the motion picture producer who hires that film lawyer entertainment attorney benefits from that very cache of experience. Yes, it sometimes may be difficult to stretch the film budget to allow for counsel, but professional filmmakers tend to view the legal cost expenditure to be a fixed, predictable, and necessary one - akin to the fixed obligation of rent for the production office, or the cost of film for the cameras. While some film and entertainment lawyers may price themselves out of the price range of the average independent film producer, other entertainment attorneys do not.

Enough generalities. For what specific tasks must a producer typically retain a film lawyer and entertainment attorney?:

1. INCORPORATION, OR FORMATION OF AN "LLC": To paraphrase Michael Douglas's Gordon Gekko character in the motion picture "Wall Street" when speaking to Bud Fox while on the morning beach on the oversized mobile phone, this entity-formation issue usually constitutes the entertainment attorney's "wake-up call" to the film producer, telling the film producer that it is time. If the producer doesn't properly create, file, and maintain a corporate or other appropriate entity through which to conduct business, and if the film producer doesn't thereafter make every effort to keep that entity shielded, says the entertainment lawyer, then the film producer is potentially hurting himself or herself. Without the shield against liability that an entity can provide, the entertainment attorney opines, the motion picture producer's personal assets (like house, car, bank account) are at risk and, in a worst-case scenario, could ultimately be seized to satisfy the debts and liabilities of the film producer's business. In other words:

Patient: "Doctor, it hurts my head when I do that".

Doctor: "So? Don't do that".

Like it or not, the film lawyer entertainment attorney continues, "Film is a speculative business, and the statistical majority of motion pictures can fail economically - even at the San Fernando Valley film studio level. It is irrational to run a film business or any other form of business out of one's own personal bank account". Besides, it looks unprofessional, a real concern if the producer wants to attract talent, bankers, and distributors at any point in the future.

The choices of where and how to file an entity are often prompted by entertainment lawyers but then driven by situation-specific variables, including tax concerns relating to the film or motion picture company sometimes. The film producer should let an entertainment attorney do it and do it correctly. Entity-creation is affordable. Good lawyers don't look at incorporating a client as a profit-center anyway, because of the obvious potential for new business that an entity-creation brings. While the film producer should be aware that under U.S. law a client can fire his/her lawyer at any time at all, many entertainment lawyers who do the entity-creation work get asked to do further work for that same client - especially if the entertainment attorney bills the first job reasonably.

I wouldn't recommend self-incorporation by a non-lawyer - any more than I would tell a film producer-client what actors to hire in a motion picture - or any more than I would tell a D.P.-client what lens to use on a specific film shot. As will be true on a film production set, everybody has their own job to do. And I believe that as soon as the producer lets a competent entertainment lawyer do his or her job, things will start to gel for the film production in ways that couldn't even be originally foreseen by the motion picture producer.

2. SOLICITING INVESTMENT: This issue also often constitutes a wake-up call of sorts. Let's say that the film producer wants to make a motion picture with other people's money. (No, not an unusual scenario). The film producer will likely start soliciting funds for the movie from so-called "passive" investors in any number of possible ways, and may actually start collecting some monies as a result. Sometimes this occurs prior to the entertainment lawyer hearing about it post facto from his or her client.

If the film producer is not a lawyer, then the producer should not even think of "trying this at home". Like it or not, the entertainment lawyer opines, the film producer will thereby be selling securities to people. If the producer promises investors some pie-in-the-sky results in the context of this inherently speculative business called film, and then collects money on the basis of that representation, believe me, the film producer will have even more grave problems than conscience to deal with. Securities compliance work is among the most difficult of matters faced by an entertainment attorney.

As both entertainment lawyers and securities lawyers will opine, botching a solicitation for film (or any other) investment can have severe and federally-mandated consequences. No matter how great the film script is, it's never worth monetary fines and jail time - not to mention the veritable unspooling of the unfinished motion picture if and when the producer gets nailed. All the while, it is shocking to see how many ersatz film producers in the real world try to float their own "investment prospectus", complete with boastful anticipated multipliers of the box office figures of the famed motion pictures "E.T." and "Jurassic Park" combined. They draft these monstrosities with their own sheer creativity and imagination, but usually with no entertainment or film lawyer or other legal counsel. I'm sure that some of these producers think of themselves as "visionaries" while writing the prospectus. Entertainment attorneys and the rest of the bar, and bench, may tend to think of them, instead, as prospective 'Defendants'.

Enough said.

3. DEALING WITH THE GUILDS: Let's assume that the film producer has decided, even without entertainment attorney guidance yet, that the production entity will need to be a signatory to collective bargaining agreements of unions such as Screen Actors Guild (SAG), the Directors Guild (DGA), and/or the Writers Guild (WGA). This is a subject matter area that some film producers can handle themselves, particularly producers with experience. But if the film producer can afford it, the producer should consult with a film lawyer or entertainment lawyer prior to making even any initial contact with the guilds. The producer should certainly consult with an entertainment attorney or film lawyer prior to issuing any writings to the guilds, or signing any of their documents. Failure to plan out these guild issues with film or entertainment attorney counsel ahead of time, could lead to problems and expenses that sometimes make it cost-prohibitive to thereafter continue with the picture's further production.

4. CONTRACTUAL AFFAIRS GENERALLY: A film production's agreements should all be in writing, and not saved until the last minute, as any entertainment attorney will observe. It will be more expensive to bring film counsel in, late in the day - sort of like booking an airline flight a few days before the planned travel. A film producer should remember that a plaintiff suing for breach of a bungled contract might not only seek money for damages, but could also seek the equitable relief of an injunction (translation: "Judge, stop this production... stop this motion picture... stop this film... Cut!").

A film producer does not want to suffer a back claim for talent compensation, or a disgruntled location-landlord, or state child labor authorities - threatening to enjoin or shut the motion picture production down for reasons that could have been easily avoided by careful planning, drafting, research, and communication with one's film lawyer or entertainment lawyer. The movie production's agreements should be drafted with care by the entertainment attorney, and should be customized to encompass the special characteristics of the production.

As an entertainment lawyer, I have seen non-lawyer film producers try to do their own legal drafting for their own pictures. As mentioned above, some few are lucky, and remain under the proverbial radar. But consider this: if the film producer sells or options the project, one of the first things that the film distributor or film buyer (or its own film and entertainment attorney counsel) will want to see, is the "chain of title" and development and production file, complete with all signed agreements. The production's insurance carrier may also want to see these same documents. So might the guilds, too. And their entertainment lawyers. The documents must be written so as to survive the audience.

Therefore, for a film producer to try to improvise law, is simply to put many problems off for another day, as well as create an air of non-attorney amateurism to the production file. It will be less expensive for the film producer to attack all of these issues earlier as opposed to later, through use of a film lawyer or entertainment attorney. And the likelihood is that any self-respecting film attorney and entertainment lawyer is going to have to re-draft substantial parts (if not all) of the producer's self-drafted production file, once he or she sees what the non-lawyer film producer has done to it on his or her own - and that translates into unfortunate and wasted expense. I would no sooner want my chiropractor to draft and negotiate his own filmed motion picture contracts, than I would put myself on his table and try to crunch through my own adjustments. Furthermore, I wouldn't do half of the chiropractic adjustment myself, and then call the chiropractor into the examining room to finish what I had started. (I use the chiropractic motif only to spare you the cliché of "performing surgery on oneself").

There are many other reasons for retaining a film lawyer and entertainment attorney for motion picture work, and space won't allow all of them. But the above-listed ones are the big ones.

Click the "Articles" button at: https://www.tormey.org/art.htm to return to the main Articles page.

ATTORNEY ADVERTISEMENT

This article is not intended to, and does not constitute, legal advice with respect to your particular situation and fact pattern. Do secure counsel promptly, if you see any legal issue looming on the horizon which may affect your career or your rights. What applies in one context, may not apply to the next one. Make sure that you seek individualized legal advice as to any important matter pertaining to your career or your rights generally.

What Does a DUI Lawyer Cost in Washington, DC

2022-07-13T14:40:00.000-07:00

What Does a DUI Lawyer Cost in Washington, DC

Most lawyers do not put their legal fees online. The reason they don't is because generally each case is different and there may be a fluctuation in prices between clients. However, you should have a starting point for DUI lawyers cost in Washington, DC. DUI lawyer cost is primarily driven by experience of the lawyer and the amount of training the lawyer has had in DUI law. The are some other reasons cost may fluctuate between lawyers such as the overhead of the lawyer.

Training/Associations

When I speak of training I am not referring to law school. All lawyers have to pass the bar and so I am not talking about the bar. DUI law is an area of law that requires additional training beyond law school and taking the bar. Continuing legal education of the lawyer is important because the laws change and the DUI lawyer needs to be aware of the changes. For example, DUI lawyers should be trained or "qualified" by National Highway Safety Administration Standardized Field Sobriety Course. This course is usually 25-40 hours of in class instruction. It's the same class police officers need to take to give citizens the Standardized field sobriety test on the streets. Another example, DUI lawyers may take to advance their knowledge is going to the annual National training in Las Vegas once a year put on by the National Association Criminal Defense Lawyers and National College for DUI Defense. Here some of the best DUI lawyers in the country share their knowledge with other DUI lawyers. Generally, the more training your lawyer has the more you will pay.

Experience

Experience can only come through time. Yes aging sucks, but through age comes wisdom. Just like it takes a young doctor years before he can be polished and experienced in his field - the same applies to lawyers. It is hard for a lawyer to come out of law school and start trying DUI cases because there is a level of complexity to them. As you may know there are a lot of lawyers in the Country. Just because the lawyer has a license to practice in the Courts does not mean he or she has the experience to handle every type of case. Generally, the more experience your lawyer has the more you will pay.

Office and Overhead

This is the area you will never hear the lawyer talk about with the client. However, the truth is the client pays the overhead cost of the DUI lawyer. The lawyer can do work cheaper and faster if he or she is using technology to shift cost. For example, a lawyer should provide documents to his or her client; however, sending through the mail is slow and cost more. Using the internet and a closed portal system the lawyer can communicate with the client, provide dates, share documents, and communicate with the client more effectively and save money. If your lawyer is still using paper and mailing documents he is costing you more money. Times have changed and DUI lawyers need to be more efficient with their productivity. The other part of the lawyer's overhead is office space. This is where the cost of the 2 equally lawyers differentiate. If the lawyer has to pay for marble floors and expensive staff then he shifts the cost to you. We understand some clients feel as though if he has beautiful marble floors and beautiful paintings on the wall then he must be good. This is not necessary true. Remember, this is your dollars at work. Without question, the more your lawyer pays for his overhead, the more you will pay for his service.

So what should you pay for a good DUI lawyer in DC

Like most urban court houses, the dockets are crowded and so a lawyer spends more time waiting for cases to be called which is why the cost of a DUI in DC cost more than say in a rural courthouse. In the District of Columbia there is a bare minimum of 2 court appearances for DUI cases. Below are estimates for typical cost of a DUI lawyer in DC.

1st Offenses

The cost for a DUI lawyer for a non-jury trial first offense cost is usually between $2000.00 to $3000.00 dollars. If you pay a DUI lawyer less than $1000.00 you are probably getting what is referred to as a "dump truck" lawyer. He just pleads you out at the first opportunity. Remember, a lawyer has a duty to investigate, consult and prepare the case regardless of whether the case goes to trial. Trials generally take a day or less but can be spread out based on the Court's schedule.

2nd Offenses, 3rd offense cost

Jury Trial for a DUI in the District of Columbia is minimum of $4000.00 -$6000.00 dollars, depending on the facts. Jury trials usually take one or 2 days, not including waiting for verdict.

Be wary of any lawyer who gives guarantees. In fact, there are no guarantees. The only guarantee a lawyer should give you if you are charged with a DUI - is that he zealously advocates within the bounds of the law.

Remember if an expert is used at trial, the cost could be higher because the client is usually responsible for all expert fees. This also does not include representation before DMV. Representation before DMV is usually a "stay of the proceeding" until the outcome of DC Superior Court proceedings. The typical cost for DMV representation is $300.00 to $500.00 dollars.

Mark Rollins is attorney that practices DUI law in Washington, DC. He is a partner at the law firm of Rollins and Chan.

How to Avoid the 12 Biggest Mistakes People Make in Hiring a Lawyer

2022-07-13T14:37:00.001-07:00

How to Avoid the 12 Biggest Mistakes People Make in Hiring a Lawyer

I hate to see people taken advantage of and I hate to see people suffer after choosing the wrong lawyer. Maybe those are two of the reasons that I became a lawyer, so that I could do something about those situations. I have seen clients who had lawyers neglect their cases for not just weeks but years. I have heard complaints about lawyers who would not tell the client what was going on with their cases, but would bill the client when the client called to ask what was happening. I have heard complaints about lawyers who took money from clients without a clear understanding of the expectations on either side.

I also hate to have to clean up a mess made by another lawyer. It is much easier to assist a client and avoid potential problems than it is to repair damage from choosing the wrong lawyer. I have seen poorly drafted prenuptial agreements and separation agreements. I have had to step in to repair and finish a botched annulment. I have had to step in to repair and finish a botched divorce.

One woman's tale of woe especially comes to mind. Around the office, we call her story "The Tale of the Nine Year Divorce." She had hired an attorney to defend a divorce action here in Virginia and to counter sue for divorce. She was living out of state at the time and paid the attorney a significant retainer. There was no written contract. The lawyer she had chosen seemed to be afraid of the opposing counsel and did nothing to move the case forward. In fact, the lawyer allowed the case to be dismissed from the court docket for inaction.

Cases are not dismissed on this basis without prior notice to counsel of record. The lawyer did not notify his client of the potential dismissal. It was not until the court notified her of the dismissal that she found out what had happened. The client was in an automobile accident, as a result of which she was hospitalized and undergoing multiple surgeries. She trusted her lawyer to look out for her interests; she did not know or understand what should have been taking place and had no idea until she received notification from the court that the case had been dismissed.

When the client contacted the lawyer, he had the case reinstated. However, it was not until the opposing attorney withdrew from the case, that the lawyer acted to put forward the interests of his client. Meanwhile, the lawyer allowed the woman's husband to abscond, fleeing the jurisdiction of the court, with the bulk of the marital assets. The lawyer did get an order of spousal support, but did nothing effective to collect or enforce the spousal support order against the defendant who was not paying.

In fact, the lawyer allowed tens of thousands of dollars of arrears to accumulate. Meanwhile, the lawyer asked for and got a court award of $10,000 of attorney's fees from the absconded husband. When the lawyer realized that the husband had spent the money and the attorney fee award would not be easily collected, he began to demand money from the client. Being disabled and not having received a penny of the support award, she was unable to pay the lawyer and he withdrew from her case at the final hearing. Needless to say all of this left the woman with a bad taste in her mouth when it comes to lawyers.

The woman heard about me and came to me despite having had a bad experience, because she was in need of help. We were able to finish up the divorce and property division, which had been started 9-10 years prior and we began enforcement of the support award by attaching social security and retirement income due her husband.

Through our efforts collection began and an income stream began to flow to the client. We were also able to successfully defend the woman from an attempt by her husband to stop support payments and at the same time recover some of the items of personal property which had been awarded to her by the court. The woman still had to defend herself from a law suit brought by the lawyer who was demanding over $10,000 and had not credited the retainer which the woman paid at the beginning of the representation.

I have written this article in hopes that it may help you avoid the costly mistakes of the Nine Year Divorce.

There are two areas where people make mistakes. The first area is in selecting the lawyer and the second area is mistakes made after selecting the lawyer.

HYPE IN LAWYER ADVERTISING

COMBINED EXPERIENCE HYPE. Law firms that tout "*** years of combined experience" are probably trying to magnify or enhance their credentials. If you are looking for a lawyer with experience, this hype does little to inform you of the actual experience of the individual lawyers. My question is if the lawyers each have significant years of experience, why don't they say how much experience each lawyer has? Why? Because it sounds grander to use the combined figure. Even an ant looks like a mighty monster under a magnifying glass.

LAUNDRY LIST HYPE. Law firms that have a laundry list of services may not be the best choice for your situation. Remember the proverb "Jack of all trades, master of none"? You can certainly be a jack of all trades, but can you be a master at all trades? How much of the practice of the firm is devoted to your type of case? For example, does the law firm (and the particular lawyer) you are considering devote a significant portion of the practice to the type of case for which you are seeking representation?

Perhaps you are looking at one stop shopping and it is important to you to find a lawyer or law firm that can handle multiple matters for you. Then you may want to ask if the lawyer handles each of those areas, but you should also ask how much of the practice is devoted to each area and how much experience the lawyer has in each area. Are there client testimonials available for each area? Think carefully and decide if it may be worthwhile to seek out a more specialized practice for each of your problems.

BIGGER IS BETTER HYPE When it comes to law firms, bigger is not necessarily better, much less the best. If you want personal attention, you may find that a medium sized or smaller firm will be more attentive. Law firms that have group photographs with all of the clerks and secretaries are trying to look bigger to compete with mega firms with dozens or hundreds of lawyers. But in the final analysis size does not matter; bigger is not better than smaller, nor is smaller better than bigger. What does matter is personal care and attention. This is something that you will have to ask about and be sensitive to as you call on various lawyers and law firms in your search for the right lawyer and law firm for you and for your case.

IF IT SOUNDS TOO GOOD TO BE TRUE... [CHOOSING A LAWYER BASED ON COST] Cheapest is seldom the best. On the other hand, just because something costs a lot does not make it better than something that costs less. Would you choose a doctor or dentist based on how cheap his services are? No, not if you can help it. You want the best doctor, the most attentive doctor, the smartest doctor, the most knowledgeable doctor at the best price. Cost may be a legitimate factor in choosing a lawyer but it should be the last and least significant factor. Cost certainly should not override other factors such as ability, experience, reputation within the legal community and client testimonials. Can you afford cheap legal advice that may be bad or wrong?

ASSUMING AND NOT CHECKING Related to falling for hype in lawyer advertising is assuming and not checking. Don't believe the yellow page ads. All lawyers are not equal. You should investigate any lawyer or law firm before engaging them. Inquire about his/her reputation in the legal community. Check out what clients have to say about the lawyer and the law firm. ASSUMING PRE-PAID LEGAL IS THE WAY TO GO. Don't assume that pre-paid legal is the way to go. Just because you have pre-paid legal available for use does not mean that you should use them. The best lawyers are seldom members of a pre-paid legal service panel. You certainly should not allow the pre-paid attorney to represent you without first investigating him/her.

Of course, you may not need the best lawyer, but you should at least want to insure that the lawyer you choose is a good lawyer for the matter at hand. You should also realize that a lawyer may be a good lawyer for some matters and not for others. This is where knowledge, experience and ability must be weighed and examined. Does the firm or attorney you are considering take a "no holds barred" approach to family law? If so, be prepared for lengthy and expensive proceedings.

You should investigate a pre-paid lawyer as diligently as you would any other lawyer and ask the same questions. If the lawyer does not devote a significant portion of his/her practice to the area of law involved in your matter, you should look elsewhere. If the lawyer does not have a good reputation within the legal community, you should look elsewhere. If the lawyer cannot point to articles written or cases won, if he/she cannot point to client testimonials, you should look elsewhere.

Once you have done your homework and selected the lawyer and law firm you believe will best serve your needs and protect your needs and protect your interests, you could still make costly mistakes in hiring your lawyer.

MISTAKES AFTER YOU HAVE SELECTED A LAWYER

NOT ASKING FOR A WRITTEN FEE AGREEMENT While oral contracts are recognized at law, enforcement can be problematic and requires proof of the essential terms. Without a written fee agreement, how can you be sure that you and your lawyer have truly reached an understanding? Basic contract law requires that there be a "meeting of the minds" to create a contract. It speaks of "an offer" and "an acceptance". A written fee agreement serves to clarify and solidify the expectations of the client and the attorney. The agreement should spell out the responsibilities of each party and the parameters of the representation. This protects you and your lawyer. Written fee agreements are recommended by the Virginia State Bar and by the American Bar Association. If your lawyer does not bring up the subject of a written fee agreement or representation agreement, you should do so.

NOT ASKING TO READ A DOCUMENT BEFORE YOU SIGN IT. Whether it's the fee agreement, a lease, an affidavit or a pleading, just because the document is presented to you by your lawyer, does not mean you should not read it carefully and ask questions about anything you do not understand. If the document is not correct or contains errors or omissions, you should bring those to the attention of your lawyer.

FAILURE TO ASK FOR A COPY OF WHAT YOU SIGN. You should always ask for a copy of a document that you are asked to sign. In our office, when we are retained, we give the client a pocket folder with copies of the fee agreement, office policies and, in appropriate cases, the client divorce manual.

FAILURE TO KEEP COPIES. You should have a safe place to keep important documents. If documents are from an attorney, they are important and worth keeping, at least until the case or matter is concluded and in some instances longer than that. The fact of the matter is, if you don't keep the copies, you may not be able to get duplicates later. Believe it or not, I have had several clients over the years who were victims of unscrupulous lawyers who destroyed documents to avoid having to produce them when a conflict arose with the client. One actually shredded file documents in front of the client. Aside from those issues, most lawyers do not retain client files forever. In our office, we routinely shred aging closed files to make room for new files. We advise clients to retrieve anything they might want or need from their file when it is closed, because it is subject to destruction.

FAILURE TO ASK QUESTIONS. You should ask a lawyer you are considering who he/she would hire for a case such as yours. You should ask the lawyer you are considering questions about his/her experience and credentials. Can they point to satisfied clients who have given testimonials of their experiences with the lawyer and law firm? Who besides the lawyer will be working on your case? How do they handle telephone calls? How do they charge? What does the lawyer expect of you? How will he/she keep you informed of progress on your case? How does he/she plan to present your case/defense? You should ask questions about court procedures or other procedures pertaining to your case or legal matter. If there are terms that you do not understand, ask your lawyer to explain them to you.

FAILURE TO STAY IN TOUCH. If you move or change employment or telephone numbers, your lawyer may not be able to reach you to communicate about your case. It is important to keep your lawyer abreast of changes in your circumstances, employment and residence contact information.

FAILURE TO PROVIDE A CELL PHONE NUMBER. This is related to the failure to keep in touch. Depending on the nature of the representation, your lawyer may need to be able to reach you quickly. It is frustrating to the lawyer not to be able to reach you and it can adversely impact your case. You should take steps to insure that your attorney is able to reach you and speak with you promptly or within an hour or two. For example, suppose your lawyer is engaged in a negotiation in your behalf. If he/she is unable to reach you at a critical point in negotiation, it could result in "blowing" the negotiation or losing the deal.

In today's world of instant communication, there is no reason not to facilitate communication with your lawyer.

What mistakes could have been avoided in the Tale of the Nine Year Divorce?

INVESTIGATION-The client could have investigated the lawyer before hiring him. She could have googled him. She could have interviewed more than one lawyer. She could have asked another lawyer who was the best divorce lawyer for a contested case with allegations of adultery and property issues. She could have asked the lawyer for client testimonials or client expressions of their experiences with him.

WRITTEN FEE AGREEMENT-She could have asked for a written fee agreement and a receipt for her retainer. Or she could have written the lawyer a letter setting out her understanding of the representation and of the fee charged or to be charged in the matter and the application of the retainer which she had paid, retaining a copy of the letter for her file.

QUESTIONS-She could have asked the lawyer how he charges and how much he would estimate the case would cost. She could have asked if he had experience with opposing counsel and if he was afraid of her or if he felt confident he could handle the case, despite opposing counsel. She could have asked what to expect and she could have asked about the procedure in a contested Virginia divorce.

She could have asked the lawyer what strategy he planned to use to defend her and how he planned to take her case on the offensive. She could have asked the lawyer how he planned to keep her abreast of developments and progress in her case and how long he estimated it would take to get to final hearing in the case. She could have asked him how he planned to enforce the spousal support order and what could be done to collect the money.

When the lawyer got a court order of attorney's fees from her husband for $10,000, she could have questioned the lawyer about what he was doing and why. She could have asked for an itemization of charges and whether or not she would be responsible if her husband did not pay.

She could have consulted another attorney or the State Bar to ask about what was going on and what rights she had as a client.

COMMUNICATION - She could have made a greater effort to remain in touch with the lawyer and to keep him abreast of changes in her circumstances, such as her accident and being out of work due to disability from the accident. When time passed without hearing from the lawyer, she could have telephoned the lawyer. When the lawyer failed to return her telephone calls, she could have scheduled an appointment to see him or written him documenting his failure to return her telephone call and asking for a status report and what the next step would be.

When the lawyer began to demand money from the woman, she should have responded to the bills and letters in writing with questions about the charges. She could have demanded an itemization of charges and an accounting of the retainer which she had paid.

SECOND OPINION - When she became dissatisfied with the progress of her case, she could have sought a second opinion and considered changing counsel before the lawyer moved to withdraw from the case, or at least before the lawyer filed suit over the fees. In fact, when the case was dismissed by the court for inaction, she should have sought a second opinion and considered changing counsel and asking for the return of her retainer.

(c) 2009 by Virginia Perry, J.D. This article may be reproduced in whole or in part for personal, non-commercial use, provided the following language is included: "This copy right article/material is reproduced with the permission of the author, Virginia Perry, J.D."

Virginia Perry, JD is a licensed Virginia attorney and has been actively engaged in the general practice of law with an emphasis on family law and trials for over 30 years.

So Your Business Has a Legal Problem - 8 Useful Tips on What to Expect From Your Lawyer

2022-07-13T14:34:00.002-07:00

So Your Business Has a Legal Problem - 8 Useful Tips on What to Expect From Your Lawyer

As a business owner, you are usually run off your feet with the challenges of operating your business. The last thing you need to worry about is a legal problem. Many business people put off dealing with a legal problem because they don't know where to turn, don't have the time, or most often, are afraid of how much it will cost and how much time it will take.

Legal issues come in many forms:

· A customer failed to pay an account despite many promises. · You just received a letter from a government agency. · You just found out that your former manager has set up a competing business and has stolen your best customer and one of your key employees. · You have just been sued for $100,000. · Someone told you that one of your standard form contracts won't stand up in court and you are worried about it. · You have a dispute with your landlord. · You have a problem with a US or European customer. · Your business has been defamed on the internet. · You just found that your warehouse manager has been sexually harassing a female employee. · An employee is damaging your business but threatens to sue if you fire him. You are not sure how to handle it. · You are involved with a Workplace Safety Insurance claim.

These examples are just the tip of the iceberg of the kinds of legal issues business people run into frequently.

Tip #1 - Seek out legal help at the first sign of a problem

Suppose a competitor has been passing off its business under your name and it's costing you customers and sales but it's hard to estimate the amount. Unless you act promptly, it may be too late to seek an injunction from the Court. If you think you have a claim against another party under a contract, a limitation period begins to run from the time the contract is breached and usually expires two years later. It's not a good idea to leave the claim to the last minute.

If you have an issue with an employee who is working unacceptably, it's important to develop a legal strategy as early as possible. The longer you wait, the more it may cost your business.

The short point here is that it is important to seek advice as soon you detect a problem and before anything has been done to make it worse. Crisis management is always more expensive and time-consuming than early response.

Tip #2 - Have a team of lawyers to call on when you need them.

Every business should have a team of on-call lawyers. This is less expensive or complicated than it sounds. All you need are the telephone numbers and email addresses of trusted corporate, employment law and litigation lawyers. Depending on the nature of your business, you may also need an intellectual property lawyer, who deals with trademarks, patents and copyright. You may even need a tax lawyer because not all tax issues can be solved by an accountant.

If the amount of your legal dispute is very small, such as a claim or complaint by a customer for $1,000 or less, it will be uneconomic to hire a lawyer. Fortunately, there are other helpful resources. The BBB has a dispute resolution process which permits BBB businesses and their customers to resolve disputes by arbitration or mediation. You don't need a lawyer and the only cost is a small administration fee. More information about this process is available on the BBB website.

If your case is in the Small Claims Court ($10,000 or less), you might need a paralegal who specializes in these kinds of cases. Paralegals are now regulated by the Law Society but they are not lawyers and they are not a substitute for an experienced lawyer.

Tip #3 - Learn what to expect when a dispute arises.

As a business person, you have learned that success is often the result of building relationships. The relationships you build with your lawyers can be just as important to your business success as the ones you have with your customers, suppliers, banker and insurance broker. A relationship with your lawyer built on mutual trust and respect will save you many sleepless nights over the years and probably make or save you a lot of money.

There are several ways to find good lawyers for your business:

Ask business associates or relatives if they have someone to recommend. If you get a recommendation, find out more about the firm and the lawyer by using some of the research methods below. · The internet is a very useful resource for finding a lawyer but you have to be careful. Any lawyer can list with various online legal directories. Anyone can have a flashy website. You have to move past the flash to find the substance.

When looking for a lawyer on the internet, look for someone who has experience in the field you require. The first name on a Google search may not be the best choice. Some lawyers have written extensively about the law. This is a useful indicator of expertise and standing in the legal community.

Some lawyers list cases they have been involved in on their websites. Broad litigation experience in complex business matters over many years is a good indicator of competence.

The Law Society of Upper Canada (Ontario, Canada) has a lawyers' referral service. The service provides a name but you have to check the details out yourself. · The Law Society certifies specialists in several areas of practice. Certification as a specialist signals that the lawyer has achieved a higher standard of experience in his/her area but certification isn't mandatory. Many competent lawyers have long experience in a field without applying for certification. You have to decide if this is important to you.

· If your problem is outside Ontario, find a local lawyer first. Many firms have networks with lawyers globally and are able to refer to lawyers in the USA or other countries. Refers between colleagues are often more effective.

When you call, don't expect the lawyer to solve your business problem over the telephone. The first discussion is for the lawyer to identify whether s/he can represent you and for you to assess whether the lawyer appears to have the skills to deal with your problem. If you have a legal problem the lawyer believes his/her firm can resolve, an office meeting will be arranged.

In business matters, lawyers customarily charge a consultation fee for the first office meeting. At the meeting, the lawyer will give preliminary or urgent advice and develop a go-forward strategy. The lawyer may be able to give a partial fee estimate and will ask for a retainer to cover some of the work. No lawyer can guarantee the outcome. At this early stage, there are usually a lot of unknown matters. While the lawyer may be able to give you a partial fee estimate in a litigation matter, it's impossible to say with accuracy how much it will cost. It depends on too many unknown factors.

It will be then up to you to decide whether or not to hire the lawyer to represent you further. The decision you make will depend on your sense of confidence in the lawyer. Has the lawyer listened to you? Have your questions been answered? Does the lawyer appear to understand your problem? Has the lawyer presented the risks and downsides of your case? Every case has risks and costs. Beware of a lawyer who tells you only what you want to hear without assessing the strengths of the opposing party's case.

Some lawyers will accept a monthly or annual retainer which entitles the client to telephone advice a few times a month. More complicated issues require separate engagements.

Tip #4 - The least expensive lawyer is unlikely to be the best person to handle your legal problem

Consider this scenario: you are looking for a lawyer for a complicated lawsuit. You call Mr. Jones, who answers on the first ring. You tell your story, which has many facts the opposite party disputes. Mr. Jones says, "You have a great case. I'm sure you're going to win." When you ask how much it will cost, Mr. Jones says "Don't worry, you won't have to pay me anything unless you win. Just come on down to my office and we'll get started."

Beware of any lawyer who tells you this. While Ontario lawyers are permitted to charge their fees based on contingency, i.e. a percentage of the result, this type of fee arrangement is only rarely applicable in business cases. It never occurs when facts are in dispute, recovery is uncertain or if the amount is small.

When you retain a lawyer, you need a trustworthy advisor, who will point out the weaknesses of your case as well as the strengths. A litigation lawyer who is waiting by the phone for your call and tells you exactly what you are hoping to hear may be too hungry or too inexperienced to manage your case. He may be in over his head and will bail out as soon as your case takes a negative turn. By then, your legal situation may have worsened. It will be more expensive and perhaps impossible to repair it.

Even worthwhile cases require careful analysis and risk assessment. An experienced litigation lawyer will typically do his by for fees on an hourly basis plus GST and any out-of-pocket expenses necessary for your case.

Good litigation lawyers are often in court, at mediation or other litigation procedures, at meetings or discovery. However, good litigation lawyers always call or respond by email within 24 hours. In case of urgency or vacation, the lawyer will arrange for someone in the office to contact you.

Tip #5 - Prevention is better and much less expensive than litigation.

Legal problems are like computer crashes --- they are bound to occur, it's just a matter of time. Unlike computer crashes, some lawsuits can be avoided. Often, businesses owners deal with legal matters only when a crisis arises. They look for the least expensive lawyer to draft their leases, contracts, corporate and employment agreements without regard to skill, competence and experience.

Sometimes, business owners avoid legal steps like failing to make a shareholder agreement, failing to file a trademark application or failing to prepare a non-competition and non-solicitation agreement with a key employee. When served with a lawsuit, they ignore or tear the papers up in anger. These business owners will be caught short when the inevitable occurs. While litigation or arbitration may still occur when there are written agreements in place, you will be in a far more secure position if you have taken precautionary steps before the dispute occurs. If you respond to correspondence and legal papers promptly, you will be better protected than if you ignore them.

Competent legal advice is available for matters such as corporate organization, leases, the wording contracts and other documents you use in your business, partnership and shareholder agreements, your relationships with your employees, your company's trade names, logos and website, your regulatory compliance, your risk management and litigation prevention techniques. It's all important to arrange legal affairs to ensure that your personal liability is limited in the case of a claim against your business.

Ensure that the legal issues affecting your business are in good order. This is likely to save you a lot of money and grief in the future. You might even consider having a legal audit or a "business legal checkup". We plan to write about this topic in a future article in this newsletter. Preventative legal advice may be expensive but it is just as important as fire insurance.

Tip #6 -- Don't assume that 'going to court' means 'going to trial'

If you haven't been involved in litigation before, you may not appreciate that more than 90% of cases settle before trial. While a trial (or even an appeal) is not always avoidable, lawyers use techniques to try to resolve cases at earlier stages. Business people are looking for certainty and to limit expense and exposure.

It's never a bad idea to negotiate a settlement with the opposing party but the timing and approach will depend on the case. It is best to negotiate from a position of strength. This may mean holding off negotiations until enough facts and documents have been disclosed to favour your position.

Mediation is another technique lawyers use to achieve settlement before trial. Mediation involves a neutral mediator, who is usually an experienced lawyer, acceptable to all parties. The parties and the lawyers prepare briefs to explain their positions to the mediator. On the mediation date, after an opening session, the parties retire to separate rooms. The mediator will "shuttle" between the parties until an agreement is worked out or an impasse is declared. This process produces a high rate of settlement even in very complicated cases.

Tip #7 - Understand the risks of the litigation process: Why do lawyers emphasize settlement?

Even if you have an airtight case, your lawyer will still recommend settlement. Lawyers assess risk every day. Even the most airtight case could have problems at trial. The judge may prefer the evidence of the opposing party over yours. The other party's expert witness may be more persuasive than yours. These are just two of many possibilities. A trial is always a last resort.

Another good reason to settle is that even if you win at trial, the case may not be over because

The legal costs awarded by the court to a successful party are only a partial recovery of the legal costs payable to your lawyer. · If you lose at trial or if the opposing party does better in court than their settlement offer, you will have to pay a portion of their legal costs. · There may be an appeal which could delay payment for two years or longer.

Until a final judgment is granted, a defendant is rarely prevented from dealing with his property - unless the property is the subject of the lawsuit (or some other exceptional situations).

The judgment may be unenforceable. The opposing party may be insolvent or go bankrupt. You might not collect anything. · The defendant may conceal his assets or transfer them to family members to make the debt difficult to collect. A separate lawsuit may be necessary to find the defendant's assets or to declare the fraudulent transfer void.

The defendant may have assets outside Ontario. A lawyer in the jurisdiction where defendant's assets are located may have to be retained to collect the judgment.

A settlement involves a resolution both parties can live with. If the case involves the payment of money, there won't be a settlement unless payment is made.

Even with these concerns, some cases can't be settled. The positions of the parties may be so far apart that a trial is necessary. As the case progresses, you and your lawyer will have to revise and update your strategy and estimate the legal cost and risk of each stage of the case. Keep in mind that the opposing party is dealing with similar risk assessment and cost issues as you are.

Tip #8 -- Be a good client.

From a lawyer's perspective, a good client is a business person who does the following:

Presents all the facts of the case fairly without exaggeration or deception. Tell your lawyer everything; not just the facts that help you. The rest of the story always comes out and usually with adverse consequences. · Considers the lawyer as a trusted advisor and advocate.

Has a well-organized set of relevant documents.

Provides other documents and information promptly when requested.

Accepts that every case has weaknesses and works with the lawyer to develop a strategy to minimize the weaknesses.

Recognizes that the lawyer cannot guarantee the outcome but can only provide effective advocacy to produce the best result, often as a result of negotiation or mediation.

If an examination for discovery or trial is required, takes the time to prepare to testify.

Asks for clarification on all matters that are unclear.

Understands that in litigation matters, it is impossible to predict the fees accurately but that the lawyer will gladly provide estimates of imminent steps in the case.

Pays retainers when asked and settles interim accounts promptly when rendered.

Considers the lawyer's recommendations carefully and provides reasonable instructions.

One of our firm's clients is a technology business which started as a family operation and has grown to the point that its brand is now accepted and recognized globally. Our client's president knows hows to get the most out of his professional advisors. He is always respectful, trusting of professionalism, intelligence, experience and competence. He is prompt in responding to requests for information, appreciative of good advice and excellent service. He works hard but he usually has a happy and cheerful attitude.

Our client expects is professional advisors to have the same enthusiasm for their work as he does for the operations of his business. And another small matter: our client pays every professional account within 48 hours of receipt. He believes that if he had to challenge his lawyer or accountant's bill, the professional relationship is not a healthy as it should be. Our client expects fair treatment, excellent service, sound advice, creative strategy, experienced advocacy and determined, no-nonsense negotiations. And he gets all of them in spades! A lot of business people who are dissatisfied with their professional advisors could learn a lot from him.

These tips offer no assurance that your legal matter will turn out exactly as you expect. However, by following our suggestions, the resolution of your business dispute is likely to be a less expensive, less time-consuming and less stressful experience and possibly more successful. Keeping your business legal affairs in good order permits you more time to focus on making your business flourish.

Igor Ellyn, QC, CS and Orie Niedzviecki are partners of ELLYN LAW LLP Business Litigation and Arbitration Lawyers, a Toronto law firm, established specializing in dispute resolution for small and medium businesses and their shareholders.

The firm is a member of INBLF ( http://www.inblf.com ) and its designated Toronto firm for shareholder disputes. Igor Ellyn is a Specialist in Civil Litigation and a past president of the Ontario Bar Association. He is a chartered arbitrator and mediator and the author of many legal articles, some of which may be downloaded from the firm's website.

Orie Niedzviecki is a business litigation lawyer, whose practice includes commercial disputes, employment law, libel and slander, construction litigation and estate litigation. He is also admitted in the District of Columbia, USA.

A Guide to Business Insurance for UK Marine Trades

2022-07-13T14:30:00.002-07:00

A Guide to Business Insurance for UK Marine Trades

Introduction

Insurance solutions for businesses operating in the Marine Leisure Sector have been slow to evolve compared to other sectors. Until relatively recently, a boatyard owner could find him/herself having to source a suite of insurance products to cover buildings, contents, financial risks, vessels, pontoons and indemnity against a range of legal liabilities. Whilst the first Marine Traders "Combined" policy that provided cover for all these risks appeared in the late 1990s, the market did not rush to embrace the new paradigm. Some significant providers of insurance in this Sector did not release a "Combined" solution until as late as 2007 and others still only offer stand-alone covers.

Advantages of Combined Insurance Policies

There are numerous advantages to business owners of having a single insurance policy that combines cover in respect of the majority of their needs. First and foremost it streamlines administrative processes by reducing documentation considerably, thus saving business owners time and money. It also ensures the owner has a single renewal date to deal with. Probably the main benefit to businesses is the potential premium savings that can be made through this type of system: the more cover that can be placed on a single policy gives the provider more scope to reduce the overall insurance premium.

Marine Trades Insurance Providers

Combined Insurance policies for marine-related businesses are now available from a number of specialist providers. Whilst the majority of these providers will deal direct with the public, some will deal only through insurance brokers. An insurance provider that sells direct to the public will only offer their own product. Dealing directly with insurers not only restricts you in terms of available insurance options, it also means you have to invest valuable time in shopping around providers for competitive quotations. An independent specialist Marine Trades Insurance broker can potentially save you and your business time and money by conducting a full broking exercise across the market on your behalf.

Specialist brokers can also assist in arranging bespoke cover as opposed to a standard "off-the-peg" solution. This can give your business vital benefits where standard policy exclusions are amended or removed, widening the overall scope of protection. You may also benefit in the event of a claim:

Where a business buys direct from an insurer, in the event of a claim the owner is left to negotiate a settlement from the insurer. This can put the business at a disadvantage where there is a dispute over liability or settlement. Using an independent specialist broker to arrange cover provides the business owner with an experienced advocate in the event of suffering a claim. The broker is bound to act in the best interests of the client at all times and a specialist broker can often assist in instances where claims have initially been repudiated.

Structure of Marine Combined Insurance Policies

Before outlining the structure of a policy it is necessary to stress the importance of ensuring that the correct limits of indemnity form the basis of your insurance cover. It is tempting for businesses seeking to reduce their costs to deliberately underinsure their businesses. This can potentially prove catastrophic in the event of a loss, as an insurer will almost certainly invoke the principle of "Average" when underinsurance is discovered.

The Principle of Average: In the event of underinsurance any claim settlement will be based on the ratio of the sum insured to actual value. For example, where a business has insured stock worth £100,000 for only £50,000, the business has underinsured by 50%. In the event of a loss of £25,000, the insurer will apply average and only pay a settlement of £12,500.

The example above underlines the importance for businesses to establish the correct basis of cover with their provider and then negotiate a competitive premium. An independent specialist broker with access to a number of alternative markets will help you obtain the right solution at the best available premium.

Marine Trades Combined Insurance policies generally follow the same model, with the odd exception as to where a particular item may appear. For example, some policies will include pontoons in the Material Damage Section whilst others may bracket them in the Marine Section. Outlined below is a typical policy structure:

Material Damage: This Section will cover all property other than vessels at your business premises. It is split into various sub-sections that vary from provider to provider, but the splitting of property into these sub-sections enables you to benefit from lower premium rates on the lower risk items to be covered. Typically, a Material Damage Section will be divided as follows:

Buildings (with or without subsidence cover)

Marine Installations (pontoons, slipways, wet/dry docks etc)

Computers and Associated Equipment (at the business' premises)

Machinery and Equipment (at the business' premises)

General Stock (at the business' premises)

Valuable & Attractive Stock (at the business' premises)

All Other Contents (at the business' premises)

Glass: Some insurers will include Glass within the cover for Buildings. However, most Marine Trade insurers will not cover Glass unless specifically requested and will also levy an additional premium. Cover will be provided for external and internal glass with additional extensions available for items such as glass signage and sanitary ware.

All Risks Cover: Must be obtained for businesses wishing to insure items they remove from the business' premises such as:

Tools & Machinery

Laptop Computers, Mobile 'Phones etc

Trailers (thease can also be covered under the Marine Section)

Frozen Food: Covers loss or damage to fuel resulting from change in temperature in fridges or freezers resulting from breakdown or interruption to power supply.

Goods in Transit: Protects against loss of goods whilst in transit or whilst temporarily stored in the course of transit. Business owners need to beware of the variation in scope of cover from policy to policy and of the plethora of exclusions that each insurer applies to cover.

The premium for Goods in Transit insurance is based on a combination of the total sum insured per vehicle, the number of vehicles used and the estimated total annual carryings of the business.

This Section can also be extended to insure postal sendings and carriage by third parties.

Goods in Transit cover for vessels is excluded on many policies unless specifically mentioned. However, it is possible to include insurance for vessels whilst in transit by endorsing the Marine Section of the policy. Organising a policy in this way can save a business money if vessels are the only items to be insured whilst in transit.

Exhibitions: Covers exhibits, stands and other materials at exhibitions.

Whilst insurers include this Section within their policies, a business could reduce costs by having the Marine Section of their policy endorsed to cover vessels at exhibitions rather than pay their insurers an additional premium for the same benefit.

Business Interruption: Covers the loss of Gross Profit and/or the Additional Cost of Working in the event of the trading activities of a business being interrupted by an insured peril, such as fire or flood. Extensions can be purchased to cover losses arising from perils such as:

Breach of Canal

Damage in the vicinity of Premises or to Contract or Exhibition Sites

Denial of Access to the vicinity of Premises

Damage to Moulds, Patterns, Jigs, Dies, Tools, Plans, Designs, etc

Loss or Damage to Property stored in locations other than own premises

Loss or Damage to Property in Transit

Damage to Premises of Suppliers or Customers

Loss of Utilities

Disease & Illness

Just as it is essential to insure property on the correct basis to avoid insurers applying "Average" in the event of a claim, it is vital to ensure the correct level of Gross Profit is used to determine Business Interruption cover.

The definition of Gross Profit in insurance terminology differs from that of accountancy. A business should always check with its provider as to the exact terms of their Business Interruption policy but the procedure below provides a general system that should fit most insurers' methodology:

Obtain the income statement for the last full operating month and locate the net profit amount.

Employers Liability Tracing Office

Review each individual expense line item on the income statement to identify costs of operation that are not directly related to production, also referred to as "standing charges." For example, office rent is due whether the business is in operation or not, and the price does not fluctuate based on production, whereas some worker salaries (such as casual, seasonal labour) would cease when trading is interrupted.

Employers Liability Tracing Office

Add each standing expense identified in Step 2 to the net profit obtained in Step 1 to obtain gross profit, or the company's loss from lack of operations.

Money: Provides insurance for cash, cheques etc whilst on premises, in transit or in bank night safes. Some policies will also provide extensions for money in directors' homes and at exhibition or contract sites. Policies will usually provide a Personal Accident extension that offers nominal sums in the event of Death or Disability arising from assault during attempted robbery or theft.

Defective Title of Vessels: Reimburses the purchase price of a vessel bought or sold by a business in the event of the true owner of the vessel reclaiming it (or its value). It will also provide indemnity where a business has a valid claim brought against it as a result of being unable to provide good title for the vessel.

Employers Liability: It is a statutory requirement for all businesses to carry Employers Liability Insurance where they employ people be it on a paid or voluntary basis. It indemnifies the business in respect of its liabilities arising from death, injury or illness to its employees

Premium is based on the total annual wages of the business. Each occupation within a business' workforce will attract its own premium rating based on the perceived hazards associated with that particular occupation. A rigger, for example, will attract a higher premium rating than an employee engaged in light yard work.

You should ensure you accurately declare your annual wageroll to insurers. Deliberately under-declaring could be construed as failing to disclose a material fact and may result in a claim being repudiated.

Labour only sub-contractors should be treated as Employees as far as insurance is concerned. Generally they work under the direction of the Insured and do not provide their own materials or tools (with the exception of small hand tools). Cover would therefore be arranged for such individuals by the hiring business under the Employers Liability Section of their policy.

There is a requirement that businesses must confirm their Employers Reference Number (ERN) or as it is commonly known Employers PAYE Reference to the insurer covering the Employers Liability which is recorded centrally with the Employers Liability Tracing Office (ELTO). This is to ensure that the correct insurer can be identified where claims are submitted by an individual, which can be years after their employment has ceased. It is not unusual, for example, for certain diseases or conditions such as respiratory disease, industrial deafness or repetitive strain injury to take many years to manifest.

The ERN is the unique reference which attaches to a business and does not change which means that it will identify the correct employer and then the insurer for any given time period from 2011 onwards.

Public Liability: Indemnifies your legal liabilities to third parties arising from your business activities that result in death or injury to any person or loss of or damage to property. The insurance only attaches to those activities disclosed to your insurer and noted on your schedule so it is essential that a full description of all your business activities is provided.

Premium is based on the estimated annual turnover of the business. Each activity will attract its own premium rating based on the perceived hazards associated with that particular activity. Paint Spraying, for example, will attract a higher premium rating than Chandlery Sales.

You should ensure you accurately declare your annual turnover. Deliberately under-declaring could be construed as failing to disclose a material fact and may result in a claim being repudiated.

Exclusions and Extensions to Public Liability Insurance vary from insurer to insurer. For example, some policies will automatically provide Yachtyard Liability Insurance as a standard extension to their Public Liability cover. Others will charge an additional premium for Yachtyard Liability.

Liability in respect of hiring-in of cranes is normally excluded on most Marine Trade policies unless specifically requested. The additional premium for this cover is based on your estimated annual hiring-in costs. Standard cover is usually £100,000 which may not be adequate to replace the crane you hire. Find out what your exposures are and get your cover topped-up if necessary.

Yachtyard Liability: Protects your liabilities in respect of moving vessels on water for reasons such as testing, demonstration and deliveries. Like most policy sections, scope of cover will vary from insurer to insurer. For example, policies will restrict your permitted range, but distance you are permitted will vary greatly.

Not all insurers provide this cover under the "Yachtyard Liability" heading. Some insurers will provide "General Liability" that will automatically encompass the Yachtyard Liability element of other policies.

Products Liability: Insures your legal liabilities in respect of the products you manufacture and/or supply.

Whether you are manufacturing or distributing (wholesale or retail), you need to make sure the products you supply are safe. Failing to meet your responsibilities can have serious consequences. You could face legal action with possible fines or even imprisonment. You could also be sued by anyone who has been injured or has suffered damage to personal property as a result of using your product.

Products Efficacy Insurance: Designed to cover the failure of an item to perform its intended function Efficacy Insurance is often excluded from the Public & Products Liability Sections of Marine Trade policies. If your business is involved in the manufacture, supply or installation of performance critical products you need to check with your insurance provider to ensure you and your business have the right scope of Liability Insurance.

Marine Risks: Non-Marine Commercial policies have virtually no insurance provision for vessels. They are specifically excluded, with the odd exception such as rowing boats. The Marine Section of a specialist Trader's policy is divide into 3 distinct parts:

1. Vessels: This part of the Marine Section will cover all vessels not undergoing construction and includes Stock Vessels, Work Boats, your Private Craft and Charter Vessels. It can also be extended to cover other types of Marine Stock such as engines and parts.

Sums Insured for vessels are usually determined on an "Agreed Value" basis. This can be the price you paid for the vessel plus the cost of any improvements, or it can be a depreciated or written-down value.

The cruising range of your vessels will be clearly defined in this Section of your policy. You should check to ensure that you and your hirers are actually insured to sail or cruise to your intended destinations. For example, an insurer may assume that, if you are based on the Thames, you are only on the non-tidal stretch and will endorse your policy for"Inland Waterways" use only.

The are several extensions that can be purchased for this part of your policy such as:

Social use of vessels by Directors, Employees, Family Members.

Racing Risks (Sails, Masts, Spars & Rigging).

Water Skiing, Towing of Toys.

Angling and/or Diving Parties.

Personal Possessions

Exclusions in respect of vessels will vary from policy to policy. You should ask your provider to go over any exclusions with you in detail in case you require a special endorsement or extension.

2. Builders Risks: Whilst scope and definitions may differ from one insurer to another, Builders Risks insurance will usually cover your vessel at the yard or dock where it is being constructed, including the yard or premises of a subcontractor. It may also cover the vessel whilst in transit between your yard and your subcontractor's yard. Extensions can also be obtained to cover:

Movement of the vessel on water around the dock where it is being built.

Sea Trials

Delivery voyages under own power

If the vessel in build is being towed on the water a special extension is usually required to insure this activity.

The premium for this Section is based on a combination of the maximum completion value of an in-build vessel and the maximum value of vessels in-build at any one time.

3. Marine Third Party Liability: This insurance is an extension of the Vessels Section and covers your legal liabilities in respect of your interest in or use of your vessels by your skipper and crew. The usual limit of indemnity provided is £3,000,000 but higher levels of cover can be purchased where required.

Policy Conditions, Exclusions and Warranties

As detailed above, policy conditions and exclusions will vary from insurer to insurer. Even if you are purchasing your policy by telephone you should always ask your provider to go through them with you in addition to any warranties that will have been imposed. There are significant differences between each of these:

Conditions: Policy conditions basically set out a code of conduct you're your business and also outline duties and obligations required for cover to be in effect. If policy conditions are not met, the insurer can deny a claim specific to that condition.

Eg. A theft from a business premises is discovered and not reported to the insurer for a month. If there is a policy condition that all losses must be reported within 7 days, the insurer could refuse to pay the claim.

Exclusions: An exclusion actually removes cover from the insurance policy.

Eg. Boats are excluded from the Goods in Transit Section of a Marine Trades Policy unless an endorsement is put into effect.

Warranties: A policy warranty is an instruction by the insurer that must be carried out by the insured. For example, the business may be warranted to work on vessels worth no more than £500,000. In such a case, if the business worked on a more valuable vessel then it would be in breach of warranty.

The breach of a warranty by a business would enable an insurer to void the whole policy. In the above example, if the business owner suffered a theft of outboard engines, the insurer could void the policy on the grounds that the business had breached a warranty - even though that warranty was totally unrelated to the theft.

As you can see, warranties can potentially have a huge impact on your business. You should ensure your insurance provider goes through each warranty with you and explains what it means. Insurers can impose a warranty for just about anything - some common examples are below (the list is by no means comprehensive):

Compliance with Flammable Liquids & LPG Regulations.

No paint or GRP Spraying.

Automatic fire alarms to be tested weekly.

Fire extinguishers to be professionally inspected annually.

Fireproof doors to remain closed during working hours.

All stock to be kept at least 15cm off floor

Waste & dirty cloths to be kept in metal bins.

Waste bins to be kept outside premises out of working hours.

Intruder alarm to be set whenever premises is unoccupied.

Electrical circuits to be inspected within 30 days of policy inception.

Cash registers to be left empty & open when premises closed.

Vehicles to be fitted with immobilisers and alarms.

Premises to be inspected daily.

No artificial heating to be used on premises.

Machinery only to be running when premises is occupied.

No flammable liquids to be kept on premises.

Moorings to be lifted & inspected at least annually.

Terms of trade to incorporate BMF Terms of Business.

No work carried out on commercial vessels

Trailers to be secured with a wheelclamp whilst unattended.

Vessel not be let out for hire or reward.

Vessel will not tow or be towed

British Marine Federation (BMF) Terms of Business

Most Marine Trade policies warrant that you operate under BMF Terms of Business. You do not have to be a member of the BMF to use their terms. The essential point from an insurance aspect is that you ensure all your customers insure their own boats. This is a crucial factor that defines the mechanics of how your Public Liability insurance works and how it differs from non-Marine commercial insurance policies.

If you have a customer's boat, outboard etc in your custody or control and it is lost or damaged due to your negligence, your legal liabilities in respect of the property are covered under the Public Liability Section of your Marine Trade policy.

This cover would not be provided on a non-Marine policy as legal liability in respect of goods in custody or control is specifically excluded. To insure these items you would have to procure specific insurance which, as leisurecraft and associated equipment are very expensive, would be financially prohibitive for a business to purchase.

Other Insurances for your Marine Trades Insurance Programme

Directors & Officers Liability Insurance (Management Protection)

Modern legislation now means company directors can now be sued as individuals in respect of their decisions and actions as directors or managers of businesses. The duties of company directors are established in law and include the following areas of responsibility:

Duty of Care: Directors are required to act with 'the care an ordinary man would take in the same circumstances on his own behalf' and with the skill expected from someone with his 'particular knowledge and experience'. Where duties are delegated the Director is responsible for ensuring that the person to whom the duties are delegated is sufficiently experienced, reliable and honest.

Fiduciary Duty: Directors must act honestly, in good faith and in the best interest of the company and must ensure they do not have any conflict of interest.

Statutory Duty: Company directors are legally bound by legislation such as the Companies Act 1985, Insolvency Act 1986, Financial Services Act 1986, Environmental Protection Act 1990, Health and Safety at Work Act 1974.

How Can Claims Arise?

Whilst public bodies such as the Health & Safety Executive can prosecute directors if they are perceived to have failed to comply with their statutory duties, claims could also arise from numerous third parties such as employees, creditors, customers or suppliers.

With the number of employees injured at work increasing by over 100,000 in 2010 and lawyers able to act on a "No-Win, No-Fee" basis, directors appear to be more exposed than ever.

What Are The Financial Implications of a Claim? Directors will be personally liable for meeting the cost of legal expenses as well as any damages awards, fines or penalties. This means assets such as their cars, houses, stocks and money could be lost. Companies are prohibited from indemnifying their directors in the event of their insolvency.

How Can Directors & Officers Liability Insurance Help?

Whilst a D&O policy will not cover any fines against directors it will cover the cost of defending a prosecution until the point when guilt is established. This could potentially save tens, if not hundreds, of thousands of pounds of an individual's assets in legal expenses. A D&O policy can also cover awards for damages and legal expenses made against directors in civil cases.

Professional Indemnity Insurance

If you give advice, conduct surveys or inspections for a fee, your legal liabilities in respect of these activities are excluded on your Marine Trade policy. A stand-alone Professional Indemnity policy will fill the gap in your insurance cover.

Tractor & "Special Types" Insurance

Tractors and other special type vehicles which are road-registered are excluded from standard public liability policies, as are many unregistered vehicles, if travelling on, or crossing, public highways. This may also apply to areas where the public have access such as ports, harbours and boatyards. Types of vehicles that fit into this class are: Tractors, Cranes, Fork Lifts, Cherrypickers, Boat Lifts and other self-propelled mobile plant.

Third Party insurance is compulsory and a failure to have this basic cover is considered one of the most serious offences. A substantial fine and disqualification are amongst the recommended penalties.

Driving uninsured (or allowing your employees to do so) is an absolute offence which means there is no discretionary defence available, ie the vehicle is either insured or it is not. If, for any reason it is not insured, the offence is committed.

Without insurance your business and your personal assets are at risk from potentially huge compensation claims being made against you

Comprehensive Road Risks insurance in for tractors and "Special Types" is available at very competitive rates from your specialist broker.

Summary

Modern businesses need modern insurance programmes. Cutting cover to cut costs is not the solution. Your 9-point step to getting the right cover for your business at the best available premium is:

1. Choose an independent specialist broker.

2. Ask them what they can offer you in terms of support in the event of a claim.

3. Ask them to visit you to look over your business.

4. Ensure you fully disclose all relevant information about your business

5. Accurately assess the value of your premises & property and the levels of your turnover, payroll and gross profit.

6. Request 3 quotations.

7. Ensure you have all conditions, exclusions, warranties explained to you verbally - a written summary is not sufficient.

8. If you think some of the exclusions or warranties are unreasonable then ask your broker to negotiate their removal.

9. Finally, negotiate the best premium you can get from your appointed broker.

Disclaimer: This article does not constitute specific advice or recommendation to any individual or business. Individuals and businesses should seek the advice of an appropriately authorised and regulated insurance broker or intermediary.

Get Affordable Home Insurance in Calgary

2022-07-13T14:28:00.000-07:00

Get Affordable Home Insurance in Calgary

There are many reasons to get home insurance in Calgary. First of all, you want to make sure your house, cottage, or tenancy is covered for damage, theft, and flooding. Secondly, you want to know if you are overpaying for home insurance, and if you are, you want to know if you have access to a more affordable insurer. We can help you connect with a live insurance broker who will give you the information you need to insure your house in Calgary. You can also request a quote from at least 10 Canadian home insurers, so you can compare rates.

Typical Home Insurance Premiums

Home protection prices are different for rented and owned properties. Tenants insurance for rented homes covers the basic contents of a house and some liability (you may need a separate policy for fine art, wine collections, furs, and other expensive, atypical items). Tenants insurance is often cheaper than homeowners insurance.

Homeowners insurance covers the building and its exterior, as well as risks connected to theft, fire, earthquake, etc. Since the value of the building is much higher than the contents of a rented unit, homeowners insurance premiums are significantly higher than are the premiums for tenants insurance.

In order to have a broader picture of home insurance rates in Canada, here are statistics of the average home rates in Alberta, Ontario, British Columbia, and Canada. These statistics are provided by InsurEye.

In Alberta, monthly house insurance rates are typically $84 for homeowners and $49 for renters.

In Ontario, monthly home insurance rates are typically $78 for homeowners and $42 for renters.

In British Columbia, monthly home protection rates are typically $85 for homeowners and $47 for renters.

Across Canada, monthly home insurance rates are typically $77 for homeowners and $41 for renters.

Examples of Calgary Home Insurance Quotes

Home insurance quotes in Calgary depend on the size of a building, its location, and possible risks (like flooding). The following examples of house insurance quotes will help you better understand how much home insurance can potentially cost you:

· For a 2,800 square foot, two-storey house in Calgary, in the neighbourhood of Altadore near River Park, expect approximately $98 monthly ($1,176 a year).

· For an 850 square foot, two-bedroom condominium on the 12th floor in downtown Calgary, next to Central Memorial Park, the insurance costs are approximately $23 a month ($276 a year).

· For a one-storey house in Calgary, in the Mount Pleasant neighbourhood, located close to 4th St NW and the Trans-Canada Highway, the insurance is approximately $62 monthly ($744 a year).

Flooding Coverage for Homes in Calgary

Since Calgary often sees flooding, every homeowner should be prepared for the possibility of this risk and should understand the main aspects of home protection and flooding. One thing you should keep in mind is that home protection in the flood-endangered areas of the city is more expensive because of the much higher risk.

There are four main types of flooding. It is important to remember that your home insurance policy treats each of them differently:

1. Overland flooding occurs as a consequence of water (rain or melting snow) entering your house from the outdoors. Standard insurance in Calgary does not cover expenses from overland flooding. However, some companies do provide coverage for this type of flooding at an additional cost.

2. Roof leakage can be covered or not covered, depending on the factors that caused it. If the roof was in poor condition from the beginning, your insurance provider will not cover the damage. Your home insurance will most likely cover damage from a natural cause, like hail.

3. Your insurer will cover plumbing issues, only if you comply with the rules in your policy, such as having somebody visit your home while you are not there for extended periods of time (for example, while you are on vacation).

4. Sewer backup happens when wastewater is driven back into your house. Traditional home protection does not cover this type of flooding. However, you can always purchase this type of coverage as an addition to your home insurance policy.

The Difference Between Condo and Tenants Insurance in Calgary

Owners of condos can purchase homeowners insurance for their condo. The condominium corporation purchases commercial condo insurance. The difference between these two policies is in what part of the condo they cover. The homeowners insurance covers the contents of the condominium. The coverage also includes protection for upgrades, locker contents, third party liability, theft, additional living expenses, and sometimes special insurance assessments.

The commercial condominium corporation's insurance covers the building's exterior (envelope), together with its infrastructure and common areas.

Condo renters in Calgary need tenants insurance to cover the contents of their condos. This type of protection is usually mandatory and is part of the rental contract. In addition to the coverage of contents against theft, fire, and other hazards, the insurance also extends to third party liability and additional living expenses. Living expenses are for the cases when the condo is unlivable (due to earthquake, flood, fire, etc.), so the renter is forced to live in a hotel or rental unit until the condo repairs are complete.

10 Ways to Save on Home Insurance in Calgary

Here are a few ways to save on your home coverage. For more savings, get an insurance quote and contact an insurance expert.

1. Professional membership. Members of unions or professional organizations can get a discount on their home insurance. Insurance companies, like Meloche Monnex Insurance, also provide their members with insurance policies.

2. Hydrant or fire station. If your home is close to one of these things, you can ask for a discount from your insurance provider.

3. Discounts for students. Some insurance providers give discounts for students. As for dependent students who live alone, their parent's home insurance may cover the insurance on their apartment at no additional charge. For example, Desjardins Insurance provides this discount.

4. Discounts for graduates. TD Insurance is an example of an insurer that offers discounts for graduates from post-secondary institutions like McGill University or the University of Toronto.

5. Quit smoking. Many insurance companies increase home protection premiums for smokers due to the potential fire risk.

6. Change your policy. Those with tenant insurance should rethink the size of their coverage - perhaps some things that do not have much value do not need additional coverage.

7. Security of your home. Does your home have additional security, like a doorman or security guard? This might get you a discount from your insurance provider.

8. Direct insurer. Also called a captive agent, a direct insurer represents one company and can offer their products for a cheaper price when compared to insurance agents or brokers.

9. Consumer reviews. Other home insurance consumers often share their experiences of purchasing insurance and making claims. Thanks to these insights, you will be able to avoid unexpected costs and overpayment.

10. Compare prices. You can get home insurance quote in Calgary for a cheaper price thanks to the price comparison tools that show you the rates of the same services provided by different insurance companies.

Take 10 Minutes to Get Started With Car Insurance Premium Calculator [Top 10 List]

2022-07-13T14:24:00.002-07:00

Take 10 Minutes to Get Started With Car Insurance Premium Calculator [Top 10 List]

What is Car Insurance Premium Calculator?

Car insurance premium calculator is a dynamic tool provided, online, by car insurance companies. Get started with top 10 car insurance premium calculator online.

Almost every reputed motor insurance company has an car insurance premium calculator on their official portal.

With the help of the car insurance premium calculator, customers can get a quote for their car insurance policy and the premium amount they need to pay for the same.

You have to visit the 'car insurance calculator' page and fill in some basic information about yourself like the policyholder's name, contact details and address, followed by some standard details about the insured/to be insured car. These details are - car manufacturer's name, model number of the car, manufacturing year, car sub-type (if any), fuel type and registration date.

Some companies also give you an option of selecting if you want to insure the accessories installed inside the car.

After you have filled the details correctly, just click on the 'calculate premium' button and you will immediately get the quote.

After this, you also get an option to get more information and payment option to buy car insurance of your choice.

What are the benefits of a Car Insurance Premium Calculator?

Now that we know what a car insurance premium calculator is, let us find out why it is worth a try:

Using a car insurance calculator helps you evaluate your insurance needs, which makes it easy to select the best policy that covers all the requirements.

It is an easy and efficient way to compare premium rates of a variety of plans with various features for your vehicle.

The process of purchasing a policy becomes unbiased as you don't have to be under the influence of an agent/broker, and are free to make your own choice.

By using a car insurance calculator, You get accurate information about the premium amount you'll be paying for a particular policy.

You can also understand the way premium rates change with a change in variables.

How to use Car Insurance Premium Calculator?

Any online car insurance calculator will ask you for basic details of your car such as the make and model, registration number, manufacture date etc to calculate the premium.

However, you also need to know about the following factors that affect the premium value:

Insured Declared Value or IDV of the Vehicle This is one of the most important factors that has an impact on the premium for your car. IDV is the sum insured for the vehicle that is finalized by the insurer. In simple terms, it the current value of the vehicle as per market.

Cubic Capacity (CC) of the Vehicle The engine power of your vehicle is directly proportional to your car insurance premium.

No Claim bonus (NCB) You can save up to 50% on the Own Damage premium if you have a No Claim Bonus feature in your car policy.

Additional Discounts Installing anti-theft devices in your car or becoming a member of the Automobile Association of India (AAI) can considerably reduce your automobile insurance premium too.

Car Accessories Any modifications to the vehicle will add an extra amount to your insurance premium.

So you have understood very well, What is car insurance premium calculator? and the benefits to use car insurance premium calculator, so take 10 Minutes to Get Started With car insurance premium calculator[Top 10 List].

1. Bajaj Allianz General Insurance Company Limited

Bajaj Allianz General Insurance Company Limited is a joint venture between Bajaj Finserv Limited (recently demerged from Bajaj Auto Limited) and Allianz SE. Both enjoy a reputation of expertise, stability and strength.

Bajaj Allianz received the Insurance Regulatory and Development Authority (IRDA) certificate of Registration on 2nd May, 2001 to conduct various businesses (including Health Insurance business) in India. The Company has an authorized and paid up capital of Rs 110 crores. Bajaj Finserv Limited holds 74% and the remaining 26% is held by Allianz, SE.

As on 31st March 2017, Bajaj Allianz continues to be one of the most financially robust insurers in the industry by maintaining its growth as well as profitability. The company has made a profit before tax of Rs. 1,078 crore and emerged as the most profitable insurer recording a profit after tax of Rs. 728 crore. The company reported a GWP of Rs. 7,687 crore, which has grown by 30.3% compared to the last fiscal year.

Car Insurance Premium Calculator.

Click Here

2.HDFC ERGO General Insurance Company Limited

HDFC ERGO General Insurance Company is a 51:49 joint venture between the Housing Development Finance Corporation Ltd. (HDFC), India's premier Housing Finance Institution, and ERGO International AG the primary insurance entity of the Munich Re Group of Germany. The Company marked the first merger in the General Insurance sector in August 2017, with IRDAI's approval for the merger of HDFC ERGO General Insurance Co. Ltd. with HDFC General Insurance Ltd. (formerly Known as L&T General Insurance Co. Ltd.), and the merged entity, known as HDFC ERGO General Insurance Co. Ltd., is the third largest General Insurance provider in the private sector.

HDFC ERGO offers products like Motor, Health, Travel, Home and Personal Accident Insurance in the retail space and customized products like Property, Marine and Liability Insurance in the corporate space through its vast network of 122 branches which is spread across 106 cities and a wide distribution network.

HDFC ERGO has launched several technologically innovative solutions, offering customers an enhanced service experience, like the Insurance Portfolio Organiser (IPO) App, the IPO App on the Apple Watch, the Overnight Vehicle Repairs service, Motor Self-Inspection App and the HDFC ERGO Community - https://community.hdfcergo.com/. With a paradigm shift in customer engagement because of new technology innovations, the Company has enabled newer platforms for customers to engage and interact with the company like DIA, the AI-enabled chatbot service made available on the Company's website, Amazon Alexa and Google Assistant.

HDFC ERGO has left no stone unturned in providing customer service, as the Company follows a 30 minute turn-around-time (TAT) for the processing of pre-authorised cashless Health Insurance Claims and a 15 minute TAT to process pre-authorised cashless Motor Insurance claims.

Car Insurance Premium Calculator

Click Here

3. Coverfox

Coverfox is an IRDAI authorised insurance broking firm. We started as a website back in 2013, with an aim to make insurance simple.

If you want to buy insurance - you would want to compare features and prices of an insurance policy and buy the best policy that you deserve. Then you would expect some help if ever you want to make a claim or renew the policy.

Car Insurance Premium Calculator

Click Here

4. Reliance General Insurance

We feel proud to be one of the leading general insurance companies of India. We have a huge customer base which includes individuals like you, corporates and SMEs.

With our 139 offices and more than 26,587 intermediaries across India, you can now reach out to us and enjoy our services at your own convenience. Moreover, with online & telecalling services, we have become even more accessible.

What do we have for you?

You can look up to us for many of your insurance solutions with respect to motor, health, home, travel, marine, etc. Through our products and services, we try to meet every customer's individual needs by offering customized plans. In our endeavor to delight our customers, we strive to come up with innovative products like India's first Over-The-Counter health & home insurance policies.

Vision

We want to score perfectly for world standard services & products, and want to be your first choice in domestic as well as global markets.

Mission

• Satisfy your need of insurance cover in that crucial hour

• Offer incomparable customer service

• Provide innovative products

• Better reach through presence across India and abroad

Goals

• Make affordable insurance accessible to all

• Keeping you, our customers, as focal point in all our operations

• Protect policy holders' interests

• Be the most innovative in product development

Car Insurance Premium Calculator

Click Here

5. PolicyX

At PolicyX it's all about you, so we make sure you get the maximum by paying the minimum for your insurance. Having insurance is having a financial security in times of death, declining health, maternity, business loss, accidents, diseases and various situations. We understand and stand by you at each step as your own by helping you cover the financial losses in times of need. We have seen and have been appalled by how many times agents play in such sensitive situations by way of cheating, fraud and mis selling. To eliminate such practices in India, we bring PolicyX to you where we believe that our customers should be provided with the best personalized policies at lower premium costs by delivering the satisfaction and sense of fulfillment that you are covered in times of emergency. We connect with our customers emotionally as we understand and respect the importance of you and your family in every aspect of life.

With our motto of Search > Choose > Buy, we get you instant quotes, help you select right quote and secure coverage right away with our technologically advanced system. We run complex algorithms to find plans that fit your requirements and return you features and quotes within seconds. Therefore, PolicyX has got you covered for your every insurance need. Why not get started? Get your first quote now!

Car Insurance Premium Calculator.

Click here

6. Bharti AXA General Insurance Company Ltd

Bharti AXA General Insurance Company Ltd is a joint venture between Bharti Enterprises, a leading Indian business group and AXA, a world leader in financial protection. Our firm commenced national operations in August 2008. We are licensed with IRDAI (Insurance Regulatory and Development Authority of India). With our comprehensive and innovative insurance solutions, we make sure you find the right match for your insurance need. We offer insurance coverage across various categories - Motor,Health,Travel, Home and more. You can easily purchase and renew policies from us online.

Car Insurance Premium Calculator.

Click Here

7. Bankbazaarinsurance.com

Bankbazaarinsurance.com is an online destination for insurance comparison for customers seeking both life and general insurance products. We aim to provide customers end to end solution for their Insurance needs and build a one stop shop destination for Insurance requirements, viz. Ease and Convenience; Ease of understanding; Customized offers; Compare multiple options.

Meet the Founders:

Adhil Shetty

An engineering graduate from Anna University and holder of a Master's degree in International Relations from Columbia University, Adhil held decisive positions at Deloitte Touche Tomahatsu's US East Alliance and Cisco Systems before he dived headlong into scripting the BankBazaar story, the flagship brand of the group

Arjun Shetty

Arjun has a Master's degree in Operations Research from Georgia Institute of Technology and an Engineering degree from Anna University.

Rati Shetty

Rati completed her BBA degree from the University of Madras. Rati imbibed some rich qualities from Toblerone in Brazil and Milka in the US while managing the launch and go-to market operations of many of Kraft Food's brands in export markets across the world while working for Kraft in the US and Taiwan.

Car Insurance Premium Calculator

Click Here

8. Easy Insurance India

Easyinsuranceindia.com is another successful initiative of the professionals who founded ICM Computer Consultants and ICM Solutions in 1989 and 2001. These professionals were educated in the U. S. and possess a combined international experience of more than 40 years in the USA and India in the areas of corporate management and IT solution services. Over the past decade, ICM has helped more than 500 customers achieve their goals by providing effective custom solutions that combines software, hardware and other services.

We believe we are successful today because our management focuses on customer satisfaction and customer growth which permeates through the rest of the organization.

We constantly strive to make our operations more efficient, such as reengineering our processes, usage of latest technology, and many more such initiatives, which allow us to provide the customers better service and value for money.

The insurance industry is becoming more and more competitive offering wide variety of choices to customers. This is a welcome change for the customers. However, due to the complexity involved, it has become extremely cumbersome for customers to do comparative shopping for insurance.

Through easyinsuranceindia.com, we empower the customer with a powerful tool where the customers can compare the products offered by various insurance companies in one shot, thus enable the customers to decide on the best insurance cover for them.

Our Mission

ICM Insurance Brokers Private Limited (ICM) is to cover the risks of people and businesses of modern economy who seek easy, transparent, complete, and cost effective insurance solutions on demand coupled with hassle-free claim settlement.

Our Vision

ICM to be the most preferred way to purchase insurance products through easyinsuranceindia.com, its most intuitive ecommerce solutions coupled with superior customer service - during purchase and during claim.

Car Insurance Premium Calculator.

Click Here

9.IFFCO-Tokio General Insurance

IFFCO-Tokio General Insurance was incorporated on 4th December 2000 with a vision of being industry leader by building customer satisfaction through fairness, transparency, and quick response. It is a joint venture between the Indian Farmers Fertilizer Co-operative (IFFCO) and its associates and Tokio Marine and Nichido Fire Group which is also the largest listed insurance group in Japan.

Car Insurance Premium Calculator

Click Here

10. Kotak General Insurance

A 100% subsidiary of India's fastest growing bank, Kotak Mahindra Bank Ltd., Kotak Mahindra General Insurance was established to service the growing non-life insurance segment in India. At Kotak Mahindra General Insurance, we value customer service, quality and innovation above everything else.

The company aims to cater to a wide range of customer segment & geographies offering an array of non-life insurance products like Motor, Health, etc.

Kotak General Insurance has a national footprint of 13 branches spread across India (as on 31st Dec 2017) and an employee base of 354 professionals. (as of 31st Dec 2017)

As a practice, the company seeks to provide a differentiated value proposition through customized products & services leveraging state of art technology & digital infrastructure.

Car Insurance Premium Calculator.

Click here

Bottom Line

Insurance has become a prime necessity of life these days and car insurance is mandatory, you can calculate insurance by above given topmost car insurance premium calculator.

Insurance Law - An Indian Perspective

2022-07-13T14:18:00.002-07:00

Insurance Law - An Indian Perspective

INTRODUCTION

"Insurance should be bought to protect you against a calamity that would otherwise be financially devastating."

In simple terms, insurance allows someone who suffers a loss or accident to be compensated for the effects of their misfortune. It lets you protect yourself against everyday risks to your health, home and financial situation.

Insurance in India started without any regulation in the Nineteenth Century. It was a typical story of a colonial epoch: few British insurance companies dominating the market serving mostly large urban centers. After the independence, it took a theatrical turn. Insurance was nationalized. First, the life insurance companies were nationalized in 1956, and then the general insurance business was nationalized in 1972. It was only in 1999 that the private insurance companies have been allowed back into the business of insurance with a maximum of 26% of foreign holding.

"The insurance industry is enormous and can be quite intimidating. Insurance is being sold for almost anything and everything you can imagine. Determining what's right for you can be a very daunting task."

Concepts of insurance have been extended beyond the coverage of tangible asset. Now the risk of losses due to sudden changes in currency exchange rates, political disturbance, negligence and liability for the damages can also be covered.

But if a person thoughtfully invests in insurance for his property prior to any unexpected contingency then he will be suitably compensated for his loss as soon as the extent of damage is ascertained.

The entry of the State Bank of India with its proposal of bank assurance brings a new dynamics in the game. The collective experience of the other countries in Asia has already deregulated their markets and has allowed foreign companies to participate. If the experience of the other countries is any guide, the dominance of the Life Insurance Corporation and the General Insurance Corporation is not going to disappear any time soon.

The aim of all insurance is to compensate the owner against loss arising from a variety of risks, which he anticipates, to his life, property and business. Insurance is mainly of two types: life insurance and general insurance. General insurance means Fire, Marine and Miscellaneous insurance which includes insurance against burglary or theft, fidelity guarantee, insurance for employer's liability, and insurance of motor vehicles, livestock and crops.

LIFE INSURANCE IN INDIA

"Life insurance is the heartfelt love letter ever written.

It calms down the crying of a hungry baby at night. It relieves the heart of a bereaved widow.

It is the comforting whisper in the dark silent hours of the night."

Life insurance made its debut in India well over 100 years ago. Its salient features are not as widely understood in our country as they ought to be. There is no statutory definition of life insurance, but it has been defined as a contract of insurance whereby the insured agrees to pay certain sums called premiums, at specified time, and in consideration thereof the insurer agreed to pay certain sums of money on certain condition sand in specified way upon happening of a particular event contingent upon the duration of human life.

Life insurance is superior to other forms of savings!

"There is no death. Life Insurance exalts life and defeats death.

It is the premium we pay for the freedom of living after death."

Savings through life insurance guarantee full protection against risk of death of the saver. In life insurance, on death, the full sum assured is payable (with bonuses wherever applicable) whereas in other savings schemes, only the amount saved (with interest) is payable.

The essential features of life insurance are a) it is a contract relating to human life, which b) provides for payment of lump-sum amount, and c) the amount is paid after the expiry of certain period or on the death of the assured. The very purpose and object of the assured in taking policies from life insurance companies is to safeguard the interest of his dependents viz., wife and children as the case may be, in the even of premature death of the assured as a result of the happening in any contingency. A life insurance policy is also generally accepted as security for even a commercial loan.

NON-LIFE INSURANCE

"Every asset has a value and the business of general insurance is related to the protection of economic value of assets."

Non-life insurance means insurance other than life insurance such as fire, marine, accident, medical, motor vehicle and household insurance. Assets would have been created through the efforts of owner, which can be in the form of building, vehicles, machinery and other tangible properties. Since tangible property has a physical shape and consistency, it is subject to many risks ranging from fire, allied perils to theft and robbery.

Few of the General Insurance policies are:

Property Insurance: The home is most valued possession. The policy is designed to cover the various risks under a single policy. It provides protection for property and interest of the insured and family.

Health Insurance: It provides cover, which takes care of medical expenses following hospitalization from sudden illness or accident.

Personal Accident Insurance: This insurance policy provides compensation for loss of life or injury (partial or permanent) caused by an accident. This includes reimbursement of cost of treatment and the use of hospital facilities for the treatment.

Travel Insurance: The policy covers the insured against various eventualities while traveling abroad. It covers the insured against personal accident, medical expenses and repatriation, loss of checked baggage, passport etc.

Liability Insurance: This policy indemnifies the Directors or Officers or other professionals against loss arising from claims made against them by reason of any wrongful Act in their Official capacity.

Motor Insurance: Motor Vehicles Act states that every motor vehicle plying on the road has to be insured, with at least Liability only policy. There are two types of policy one covering the act of liability, while other covers insurers all liability and damage caused to one's vehicles.

JOURNEY FROM AN INFANT TO ADOLESCENCE!

Historical Perspective

The history of life insurance in India dates back to 1818 when it was conceived as a means to provide for English Widows. Interestingly in those days a higher premium was charged for Indian lives than the non-Indian lives as Indian lives were considered more risky for coverage.

The Bombay Mutual Life Insurance Society started its business in 1870. It was the first company to charge same premium for both Indian and non-Indian lives. The Oriental Assurance Company was established in 1880. The General insurance business in India, on the other hand, can trace its roots to the Triton (Tital) Insurance Company Limited, the first general insurance company established in the year 1850 in Calcutta by the British. Till the end of nineteenth century insurance business was almost entirely in the hands of overseas companies.

Insurance regulation formally began in India with the passing of the Life Insurance Companies Act of 1912 and the Provident Fund Act of 1912. Several frauds during 20's and 30's desecrated insurance business in India. By 1938 there were 176 insurance companies. The first comprehensive legislation was introduced with the Insurance Act of 1938 that provided strict State Control over insurance business. The insurance business grew at a faster pace after independence. Indian companies strengthened their hold on this business but despite the growth that was witnessed, insurance remained an urban phenomenon.

The Government of India in 1956, brought together over 240 private life insurers and provident societies under one nationalized monopoly corporation and Life Insurance Corporation (LIC) was born. Nationalization was justified on the grounds that it would create much needed funds for rapid industrialization. This was in conformity with the Government's chosen path of State lead planning and development.

The (non-life) insurance business continued to prosper with the private sector till 1972. Their operations were restricted to organized trade and industry in large cities. The general insurance industry was nationalized in 1972. With this, nearly 107 insurers were amalgamated and grouped into four companies - National Insurance Company, New India Assurance Company, Oriental Insurance Company and United India Insurance Company. These were subsidiaries of the General Insurance Company (GIC).

The life insurance industry was nationalized under the Life Insurance Corporation (LIC) Act of India. In some ways, the LIC has become very flourishing. Regardless of being a monopoly, it has some 60-70 million policyholders. Given that the Indian middle-class is around 250-300 million, the LIC has managed to capture some 30 odd percent of it. Around 48% of the customers of the LIC are from rural and semi-urban areas. This probably would not have happened had the charter of the LIC not specifically set out the goal of serving the rural areas. A high saving rate in India is one of the exogenous factors that have helped the LIC to grow rapidly in recent years. Despite the saving rate being high in India (compared with other countries with a similar level of development), Indians display high degree of risk aversion. Thus, nearly half of the investments are in physical assets (like property and gold). Around twenty three percent are in (low yielding but safe) bank deposits. In addition, some 1.3 percent of the GDP are in life insurance related savings vehicles. This figure has doubled between 1985 and 1995.

A World viewpoint - Life Insurance in India

In many countries, insurance has been a form of savings. In many developed countries, a significant fraction of domestic saving is in the form of donation insurance plans. This is not surprising. The prominence of some developing countries is more surprising. For example, South Africa features at the number two spot. India is nestled between Chile and Italy. This is even more surprising given the levels of economic development in Chile and Italy. Thus, we can conclude that there is an insurance culture in India despite a low per capita income. This promises well for future growth. Specifically, when the income level improves, insurance (especially life) is likely to grow rapidly.

INSURANCE SECTOR REFORM:

Committee Reports: One Known, One Anonymous!

Although Indian markets were privatized and opened up to foreign companies in a number of sectors in 1991, insurance remained out of bounds on both counts. The government wanted to proceed with caution. With pressure from the opposition, the government (at the time, dominated by the Congress Party) decided to set up a committee headed by Mr. R. N. Malhotra (the then Governor of the Reserve Bank of India).

Malhotra Committee

Liberalization of the Indian insurance market was suggested in a report released in 1994 by the Malhotra Committee, indicating that the market should be opened to private-sector competition, and eventually, foreign private-sector competition. It also investigated the level of satisfaction of the customers of the LIC. Inquisitively, the level of customer satisfaction seemed to be high.

In 1993, Malhotra Committee - headed by former Finance Secretary and RBI Governor Mr. R. N. Malhotra - was formed to evaluate the Indian insurance industry and recommend its future course. The Malhotra committee was set up with the aim of complementing the reforms initiated in the financial sector. The reforms were aimed at creating a more efficient and competitive financial system suitable for the needs of the economy keeping in mind the structural changes presently happening and recognizing that insurance is an important part of the overall financial system where it was necessary to address the need for similar reforms. In 1994, the committee submitted the report and some of the key recommendations included:

o Structure

Government bet in the insurance Companies to be brought down to 50%. Government should take over the holdings of GIC and its subsidiaries so that these subsidiaries can act as independent corporations. All the insurance companies should be given greater freedom to operate.

Competition

Private Companies with a minimum paid up capital of Rs.1 billion should be allowed to enter the sector. No Company should deal in both Life and General Insurance through a single entity. Foreign companies may be allowed to enter the industry in collaboration with the domestic companies. Postal Life Insurance should be allowed to operate in the rural market. Only one State Level Life Insurance Company should be allowed to operate in each state.

o Regulatory Body

The Insurance Act should be changed. An Insurance Regulatory body should be set up. Controller of Insurance - a part of the Finance Ministry- should be made Independent.

o Investments

Compulsory Investments of LIC Life Fund in government securities to be reduced from 75% to 50%. GIC and its subsidiaries are not to hold more than 5% in any company (there current holdings to be brought down to this level over a period of time).

o Customer Service

LIC should pay interest on delays in payments beyond 30 days. Insurance companies must be encouraged to set up unit linked pension plans. Computerization of operations and updating of technology to be carried out in the insurance industry. The committee accentuated that in order to improve the customer services and increase the coverage of insurance policies, industry should be opened up to competition. But at the same time, the committee felt the need to exercise caution as any failure on the part of new competitors could ruin the public confidence in the industry. Hence, it was decided to allow competition in a limited way by stipulating the minimum capital requirement of Rs.100 crores.

The committee felt the need to provide greater autonomy to insurance companies in order to improve their performance and enable them to act as independent companies with economic motives. For this purpose, it had proposed setting up an independent regulatory body - The Insurance Regulatory and Development Authority.

Reforms in the Insurance sector were initiated with the passage of the IRDA Bill in Parliament in December 1999. The IRDA since its incorporation as a statutory body in April 2000 has meticulously stuck to its schedule of framing regulations and registering the private sector insurance companies.

Since being set up as an independent statutory body the IRDA has put in a framework of globally compatible regulations. The other decision taken at the same time to provide the supporting systems to the insurance sector and in particular the life insurance companies was the launch of the IRDA online service for issue and renewal of licenses to agents. The approval of institutions for imparting training to agents has also ensured that the insurance companies would have a trained workforce of insurance agents in place to sell their products.

The Government of India liberalized the insurance sector in March 2000 with the passage of the Insurance Regulatory and Development Authority (IRDA) Bill, lifting all entry restrictions for private players and allowing foreign players to enter the market with some limits on direct foreign ownership. Under the current guidelines, there is a 26 percent equity lid for foreign partners in an insurance company. There is a proposal to increase this limit to 49 percent.

The opening up of the sector is likely to lead to greater spread and deepening of insurance in India and this may also include restructuring and revitalizing of the public sector companies. In the private sector 12 life insurance and 8 general insurance companies have been registered. A host of private Insurance companies operating in both life and non-life segments have started selling their insurance policies since 2001

Mukherjee Committee

Immediately after the publication of the Malhotra Committee Report, a new committee, Mukherjee Committee was set up to make concrete plans for the requirements of the newly formed insurance companies. Recommendations of the Mukherjee Committee were never disclosed to the public. But, from the information that filtered out it became clear that the committee recommended the inclusion of certain ratios in insurance company balance sheets to ensure transparency in accounting. But the Finance Minister objected to it and it was argued by him, probably on the advice of some of the potential competitors, that it could affect the prospects of a developing insurance company.

LAW COMMISSION OF INDIA ON REVISION OF THE INSURANCE ACT 1938 - 190th Law Commission Report

The Law Commission on 16th June 2003 released a Consultation Paper on the Revision of the Insurance Act, 1938. The previous exercise to amend the Insurance Act, 1938 was undertaken in 1999 at the time of enactment of the Insurance Regulatory Development Authority Act, 1999 (IRDA Act).

The Commission undertook the present exercise in the context of the changed policy that has permitted private insurance companies both in the life and non-life sectors. A need has been felt to toughen the regulatory mechanism even while streamlining the existing legislation with a view to removing portions that have become superfluous as a consequence of the recent changes.

Among the major areas of changes, the Consultation paper suggested the following:

a. merging of the provisions of the IRDA Act with the Insurance Act to avoid multiplicity of legislations;

b. deletion of redundant and transitory provisions in the Insurance Act, 1938;

c. Amendments reflect the changed policy of permitting private insurance companies and strengthening the regulatory mechanism;

d. Providing for stringent norms regarding maintenance of 'solvency margin' and investments by both public sector and private sector insurance companies;

e. Providing for a full-fledged grievance redressal mechanism that includes:

o The constitution of Grievance Redressal Authorities (GRAs) comprising one judicial and two technical members to deal with complaints/claims of policyholders against insurers (the GRAs are expected to replace the present system of insurer appointed Ombudsman);

o Appointment of adjudicating officers by the IRDA to determine and levy penalties on defaulting insurers, insurance intermediaries and insurance agents;

o Providing for an appeal against the decisions of the IRDA, GRAs and adjudicating officers to an Insurance Appellate Tribunal (IAT) comprising a judge (sitting or retired) of the Supreme Court/Chief Justice of a High Court as presiding officer and two other members having sufficient experience in insurance matters;

o Providing for a statutory appeal to the Supreme Court against the decisions of the IAT.

LIFE & NON-LIFE INSURANCE - Development and Growth!

The year 2006 turned out to be a momentous year for the insurance sector as regulator the Insurance Regulatory Development Authority Act, laid the foundation for free pricing general insurance from 2007, while many companies announced plans to attack into the sector.

Both domestic and foreign players robustly pursued their long-pending demand for increasing the FDI limit from 26 per cent to 49 per cent and toward the fag end of the year, the Government sent the Comprehensive Insurance Bill to Group of Ministers for consideration amid strong reservation from Left parties. The Bill is likely to be taken up in the Budget session of Parliament.

The infiltration rates of health and other non-life insurances in India are well below the international level. These facts indicate immense growth potential of the insurance sector. The hike in FDI limit to 49 per cent was proposed by the Government last year. This has not been operationalized as legislative changes are required for such hike. Since opening up of the insurance sector in 1999, foreign investments of Rs. 8.7 billion have tipped into the Indian market and 21 private companies have been granted licenses.

The involvement of the private insurers in various industry segments has increased on account of both their capturing a part of the business which was earlier underwritten by the public sector insurers and also creating additional business boulevards. To this effect, the public sector insurers have been unable to draw upon their inherent strengths to capture additional premium. Of the growth in premium in 2004-05, 66.27 per cent has been captured by the private insurers despite having 20 per cent market share.

The life insurance industry recorded a premium income of Rs.82854.80 crore during the financial year 2004-05 as against Rs.66653.75 crore in the previous financial year, recording a growth of 24.31 per cent. The contribution of first year premium, single premium and renewal premium to the total premium was Rs.15881.33 crore (19.16 per cent); Rs.10336.30 crore (12.47 per cent); and Rs.56637.16 crore (68.36 per cent), respectively. In the year 2000-01, when the industry was opened up to the private players, the life insurance premium was Rs.34,898.48 crore which constituted of Rs. 6996.95 crore of first year premium, Rs. 25191.07 crore of renewal premium and Rs. 2740.45 crore of single premium. Post opening up, single premium had declined from Rs.9, 194.07 crore in the year 2001-02 to Rs.5674.14 crore in 2002-03 with the withdrawal of the guaranteed return policies. Though it went up marginally in 2003-04 to Rs.5936.50 crore (4.62 per cent growth) 2004-05, however, witnessed a significant shift with the single premium income rising to Rs. 10336.30 crore showing 74.11 per cent growth over 2003-04.

The size of life insurance market increased on the strength of growth in the economy and concomitant increase in per capita income. This resulted in a favourable growth in total premium both for LIC (18.25 per cent) and to the new insurers (147.65 per cent) in 2004-05. The higher growth for the new insurers is to be viewed in the context of a low base in 2003- 04. However, the new insurers have improved their market share from 4.68 in 2003-04 to 9.33 in 2004-05.

The segment wise break up of fire, marine and miscellaneous segments in case of the public sector insurers was Rs.2411.38 crore, Rs.982.99 crore and Rs.10578.59 crore, i.e., a growth of (-)1.43 per cent, 1.81 per cent and 6.58 per cent. The public sector insurers reported growth in Motor and Health segments (9 and 24 per cent). These segments accounted for 45 and 10 per cent of the business underwritten by the public sector insurers. Fire and "Others" accounted for 17.26 and 11 per cent of the premium underwritten. Aviation, Liability, "Others" and Fire recorded negative growth of 29, 21, 3.58 and 1.43 per cent. In no other country that opened at the same time as India have foreign companies been able to grab a 22 per cent market share in the life segment and about 20 per cent in the general insurance segment. The share of foreign insurers in other competing Asian markets is not more than 5 to 10 per cent.

The life insurance sector grew new premium at a rate not seen before while the general insurance sector grew at a faster rate. Two new players entered into life insurance - Shriram Life and Bharti Axa Life - taking the total number of life players to 16. There was one new entrant to the non-life sector in the form of a standalone health insurance company - Star Health and Allied Insurance, taking the non-life players to 14.

A large number of companies, mostly nationalized banks (about 14) such as Bank of India and Punjab National Bank, have announced plans to enter the insurance sector and some of them have also formed joint ventures.

The proposed change in FDI cap is part of the comprehensive amendments to insurance laws - The Insurance Act of 1999, LIC Act, 1956 and IRDA Act, 1999. After the proposed amendments in the insurance laws LIC would be able to maintain reserves while insurance companies would be able to raise resources other than equity.

About 14 banks are in queue to enter insurance sector and the year 2006 saw several joint venture announcements while others scout partners. Bank of India has teamed up with Union Bank and Japanese insurance major Dai-ichi Mutual Life while PNB tied up with Vijaya Bank and Principal for foraying into life insurance. Allahabad Bank, Karnataka Bank, Indian Overseas Bank, Dabur Investment Corporation and Sompo Japan Insurance Inc have tied up for forming a non-life insurance company while Bank of Maharashtra has tied up with Shriram Group and South Africa's Sanlam group for non-life insurance venture.

CONCLUSION

It seems cynical that the LIC and the GIC will wither and die within the next decade or two. The IRDA has taken "at a snail's pace" approach. It has been very cautious in granting licenses. It has set up fairly strict standards for all aspects of the insurance business (with the probable exception of the disclosure requirements). The regulators always walk a fine line. Too many regulations kill the motivation of the newcomers; too relaxed regulations may induce failure and fraud that led to nationalization in the first place. India is not unique among the developing countries where the insurance business has been opened up to foreign competitors.

The insurance business is at a critical stage in India. Over the next couple of decades we are likely to witness high growth in the insurance sector for two reasons namely; financial deregulation always speeds up the development of the insurance sector and growth in per capita GDP also helps the insurance business to grow.

The importance of insurance, special specifications and other information

2022-07-13T14:07:00.002-07:00

The importance of insurance, special specifications and other information

A contract of Insurance comes into being when a person seeking insurance protection enters into a contract with the insurer

to indemnify him against loss of property by or incidental to fire and or lightening, explosion, etc. This is primarily a contract and hence as is governed by the general law of contract. However, it has certain special features as insurance transactions, such as utmost faith, insurable interest, indemnity, subrogation and contribution, etc. these principles are common in all insurance contracts and are governed by special principles of law.

FIRE INSURANCE:

According to S. 2(6A), "fire insurance business" means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence, customarily included among the risks insured against in fire insurance business.

According to Halsbury, it is a contract of insurance by which the insurer agrees for consideration to indemnify the assured up to a certain extent and subject to certain terms and conditions against loss or damage by fire, which may happen to the property of the assured during a specific period.

Thus, fire insurance is a contract whereby the person, seeking insurance protection, enters into a contract with the insurer to indemnify him against loss of property by or incidental to fire or lightning, explosion etc. This policy is designed to insure one's property and other items from loss occurring due to complete or partial damage by fire.

In its strict sense, a fire insurance contract is one:

1. Whose principle object is insurance against loss or damage occasioned by fire.

2. The extent of insurer's liability being limited by the sum assured and not necessarily by the extent of loss or damage sustained by the insured: and

3. The insurer having no interest in the safety or destruction of the insured property apart from the liability undertaken under the contract.

LAW GOVERNING FIRE INSURANCE

There is no statutory enactment governing fire insurance, as in the case of marine insurance which is regulated by the Indian Marine Insurance Act, 1963. the Indian Insurance Act, 1938 mainly dealt with regulation of insurance business as such and not with any general or special principles of the law relating fire of other insurance contracts. So also the General Insurance Business (Nationalization) Act, 1872. in the absence of any legislative enactment on the subject , the courts in India have in dealing with the topic of fire insurance have relied so far on judicial decisions of Courts and opinions of English Jurists.

In determining the value of property damaged or destroyed by fire for the purpose of indemnity under a policy of fire insurance, it was the value of the property to the insured, which was to be measured. Prima facie that value was measured by reference of the market value of the property before and after the loss. However such method of assessment was not applicable in cases where the market value did not represent the real value of the property to the insured, as where the property was used by the insured as a home or, for carrying business. In such cases, the measure of indemnity was the cost of reinstatement. In the case of Lucas v. New Zealand Insurance Co. Ltd.[1] where the insured property was purchased and held as an income-producing investment, and therefore the court held that the proper measure of indemnity for damage to the property by fire was the cost of reinstatement.

INSURABLE INTEREST

A person who is so interested in a property as to have benefit from its existence and prejudice by its destruction is said to have insurable interest in that property. Such a person can insure the property against fire.

The interest in the property must exist both at the inception as well as at the time of loss. If it does not exist at the commencement of the contract it cannot be the subject-matter of the insurance and if it does not exist at the time of the loss, he suffers no loss and needs no indemnity. Thus, where he sells the insured property and it is damaged by fire thereafter, he suffers no loss.

RISKS COVERED UNDER FIRE INSURANCE POLICY

The date of conclusion of a contract of insurance is issuance of the policy is different from the acceptance or assumption of risk. Section 64-VB only lays down broadly that the insurer cannot assume risk prior to the date of receipt of premium. Rule 58 of the Insurance Rules, 1939 speaks about advance payment of premiums in view of sub section (!) of Section 64 VB which enables the insurer to assume the risk from the date onwards. If the proposer did not desire a particular date, it was possible for the proposer to negotiate with insurer about that term. Precisely, therefore the Apex Court has said that final acceptance is that of the assured or the insurer depends simply on the way in which negotiations for insurance have progressed. Though the following are risks which seem to have covered Fire Insurance Policy but are not totally covered under the Policy. Some of contentious areas are as follows:

FIRE: Destruction or damage to the property insured by its own fermentation, natural heating or spontaneous combustion or its undergoing any heating or drying process cannot be treated as damage due to fire. For e.g., paints or chemicals in a factory undergoing heat treatment and consequently damaged by fire is not covered. Further, burning of property insured by order of any Public Authority is excluded from the scope of cover.

LIGHTNING : Lightning may result in fire damage or other types of damage, such as a roof broken by a falling chimney struck by lightning or cracks in a building due to a lightning strike. Both fire and other types of damages caused by lightning are covered by the policy.

AIRCRAFT DAMAGE: The loss or damage to property (by fire or otherwise) directly caused by aircraft and other aerial devices and/ or articles dropped there from is covered. However, destruction or damage resulting from pressure waves caused by aircraft traveling at supersonic speed is excluded from the scope of the policy.

RIOTS, STRIKES, MALICIOUS AND TERRORISM DAMAGES: The act of any person taking part along with others in any disturbance of public peace (other than war, invasion, mutiny, civil commotion etc.) is construed to be a riot, strike or a terrorist activity. Unlawful action would not be covered under the policy.

STORM, CYCLONE, TYPHOON, TEMPEST, HURRICANE, TORNADO, FLOOD and INUNDATION: Storm, Cyclone, Typhoon, Tempest, Tornado and Hurricane are all various types of violent natural disturbances that are accompanied by thunder or strong winds or heavy rainfall. Flood or Inundation occurs when the water rises to an abnormal level. Flood or inundation should not only be understood in the common sense of the terms, i.e., flood in river or lakes, but also accumulation of water due to choked drains would be deemed to be flood.

IMPACT DAMAGE: Impact by any Rail/ Road vehicle or animal by direct contact with the insured property is covered. However, such vehicles or animals should not belong to or owned by the insured or any occupier of the premises or their employees while acting in the course of their employment.

SUBSIDENCE AND LANDSLIDE INCULUDING ROCKSIDE: Destruction or damage caused by Subsidence of part of the site on which the property stands or Landslide/ Rockslide is covered. While Subsidence means sinking of land or building to a lower level, Landslide means sliding down of land usually on a hill.

However, normal cracking, settlement or bedding down of new structures; settlement or movement of made up ground; coastal or river erosion; defective design or workmanship or use of defective materials; and demolition, construction, structural alterations or repair of any property or ground-works or excavations, are not covered.

BURSTING AND/OR OVERFLOWING OF WATER TANKS, APPARATUS AND PIPES: Loss or damage to property by water or otherwise on account of bursting or accidental overflowing of water tanks, apparatus and pipes is covered.

MISSILE TESTING OPERATIONS: Destruction or damage, due to impact or otherwise from trajectory/ projectiles in connection with missile testing operations by the Insured or anyone else, is covered.

LEAKAGE FROM AUTOMATIC SPRINKLER INSTALLATIONS: Damage, caused by water accidentally discharged or leaked out from automatic sprinkler installations in the insured's premises, is covered. However, such destruction or damage caused by repairs or alterations to the buildings or premises; repairs removal or extension of the sprinkler installation; and defects in construction known to the insured, are not covered.

BUSH FIRE: This covers damage caused by burning, whether accidental or otherwise, of bush and jungles and the clearing of lands by fire, but excludes destruction or damage, caused by Forest Fire.

RISKS NOT COVERED BY FIRE INSURANCE POLICY

Claims not maintainable/ covered under this policy are as follows:

o Theft during or after the occurrence of any insured risks

o War or nuclear perils

o Electrical breakdowns

o Ordered burning by a public authority

o Subterranean fire

o Loss or damage to bullion, precious stones, curios (value more than Rs.10000), plans, drawings, money, securities, cheque books, computer records except if they are categorically included.

o Loss or damage to property moved to a different location (except machinery and equipment for cleaning, repairs or renovation for more than 60 days).

CHARACTERICTICS OF FIRE INSURANCE CONTRACT

A fire insurance contract has the following characteristics namely:

(a) Fire insurance is a personal contract

A fire insurance contract does not ensure the safety of the insured property. Its purpose is to see that the insured does not suffer loss by reason of his interest in the insured property. Hence, if his connection with the insured property ceases by being transferred to another person, the contract of insurance also comes to an end. It is not so connected with the subject matter of the insurance as to pass automatically to the new owner to whom the subject is transferred. The contract of fire insurance is thus a mere a personal contract between the insured and the insurer for the payment of money. It can be validly assigned to another only with the consent of the insurer.

(b) It is entire and indivisible contract.

Where the insurance is of a binding and its contents of stock and machinery, the contract is expressly agreed to be divisible. Thus , where the insured is guilty of breach of duty towards the insurer in respect of one subject matters covered by the policy , the insurer can avoid the contract as a whole and not only in respect of that particular subject mater , unless the right is restricted by the terms of the policy.

(c) Cause of fire is immaterial

In insuring against fire, the insured wishes to protect him from any loss or detriment which he may suffer upon the occurrence of a fire, however it may be caused. So long as the loss is due to fire within the meaning of the policy, it is immaterial what the cause of fire is, generally. Thus , whether it was because the fire was lighted improperly or was lighted properly but negligently attended to thereafter or whether the fire was caused on account of the negligence of the insured or his servants or strangers is immaterial and the insurer is liable to indemnify the insured. In the absence of fraud, the proximate cause of the loss only is to be looked to.

The cause of the fire however becomes material to be investigated

(1). Where the fire is occasioned not by the negligence of, but by the willful

(2) Where the fire is due is to cause falling with the exception in the contract.

LIMITATION OF TIME

Indemnity insurance was an agreement by the insurer to confer on the insured a contractual right, which prima facie, came into existence immediately when the loss was suffered by the happening of an event insured against, to be put by the insurer into the same position in which the accused would have had the event not occurred but in no better position. There was a primary liability, i.e. to indemnify, and a secondary liability i.e. to put the insured in his pre-loss position, either by paying him a specifying amount or it might be in some other manner. But the fact that the insurer had an option as to the way in which he would put the insured into pre-loss position did not mean that he was not liable to indemnify him in one way or another, immediately the loss occurred. The primary liability arises on the happening of the event insured against. So, the time ran from the date of the loss and not from the date on which the policy was avoided and any suit filed after that time limit would be barred by limitation.[2]

WHO MAY INSURE AGAINST FIRE?

Only those who have insurable interest in a property can take fire insurance thereon. The following are among the class of persons who have been held to possess insurable interest in, property and can insure such property:

1. Owners of property, whether sole, or joint owner, or partner in the firm owning the property. It is not necessary that they should possession also. Thus a lesser and a lessee can both insure it jointly or severely.

2. The vender and purchaser have both rights to insure. The vendor's interest continues until the conveyance is completed and even thereafter, if he has an unpaid vendor's lien over it.

3. The mortgagor and mortgagee have both distinct interests in the mortgaged property and can insure, per Lord Esher M.R."The mortgagee does not claim his interest through the mortgagor , but by virtue of the mortgage which has given him an interest distinct from that of the mortgagor"[3]

4. Trustees are legal owners and beneficiaries the beneficial owners of trust property and each can insure it.

5. Bailees such as carriers, pawnbrokers or warehouse men are responsible for there safety of the property entrusted to them and so can insure it.

PERSON NOT ENTITLED TO INSURE

One who has no insurable interest in a property cannot insure it. For example:

1. An unsecured creditor cannot insure his debtor's property, because his right is only against the debtor personally. He can, however, insure the debtor's life.

2. A shareholder in a company cannot insure the property of the company as he has no insurable interest in any asset of the company even if he is the sole shareholder. As was the case of Macaura v. Northen Assurance Co.[4] Macaura. Because neither as a simple creditor nor as a shareholder had he any insurable interest in it.

CONCEPT OF UTMOST FAITH

As all contracts of insurance are contracts of utmost good faith, the proposer for fire insurance is also under a positive duty to make a full disclosure of all material facts and not to make any misrepresentations or misdescreptions thereof during the negotiations for obtaining the policy. This duty of utmost good faith applies equally to the insurer and the insured. There must be complete good faith on the part of the assured. This duty to observe utmost good faith is ensured b requiring the proposer to declare that the statements in the proposal form are true, that they shall be the basis of the contract and that any incorrect or false statement therein shall avoid the policy. The insurer can then rely on them to assess the risk and to fix appropriate premium and accept the risk or decline it.

The questions in the proposal form for a fire policy are so framed as to get all information which is material to the insurer to know in order to assess the risk and fix the premium, that is, all material facts. Thus the proposer is required too give information relating to:

o The proposer's name and address and occupation

o The description of the subject matter to be insured sufficient for the purpose of identifying it including,

o A description of the locality where it is situated

o How the property is being used, whether for any manufacturing purpose or hazardous trade.etc

o Whether it has already been insured

o And also ant personal insurance history including the claims if any made buy the proposer, etc.

Apart from questions in the proposal form, the proposer should disclose whether questioned or not-

1. Any information which would indicate the risk of fire to be above normal;

2. Any fact which would indicate that the insurer's liability may be more than normal can be expected such as existence of valuable manuscripts or documents, etc, and

3. Any information bearing upon the more; hazard involved.

The proposer is not obliged to disclose-

1. Information which the insurer may be presumed to know in the ordinary course of his business as an insurer;

2. Facts which tend to show that the risk is lesser than otherwise;

3. Facts as to which information is waived by the insurer; and

4. Facts which need not disclosed in view of a policy condition.

Thus, assured is under a solemn obligation to make full disclosure of material facts which may be relevant for the insurer to take into account while deciding whether the proposal should be accepted or not. While making a disclosure of the relevant facts, the

DOCTRINE OF PROXIMATE CAUSE

Where more perils than one act simultaneously or successively, it will be difficult to assess the relative effect of each peril or pick out one of these as the actual cause of the loss. In such cases, the doctrine of proximate cause helps to determine the actual cause of the loss.

Proximate cause was defined in Pawsey v. Scottish Union and National Ins. Co.,[5]as "the active, effective cause that sets in motion a train of events which brings about a result without the intervention of any force started and working actively from a new and independent source." It is dominant and effective cause even though it is not the nearest in time. It is therefore necessary when a loss occurs to investigate and ascertain what is the proximate cause of the loss in order to determine whether the insurer is liable for the loss.

PROXIMATE CAUSE OF DAMAGE

A fire policy covers risks where damage is caused by way of fire. The fire may be caused by lightening, by explosion or implosion. It may be result of riot, strike or on account of any, malicious act. However these factors must ultimately lead to a fire and the fire must be the proximate cause of damage. Therefore, a loss caused by theft of property by militants would not be covered by the fire policy. The view that the loss was covered under the malicious act clause and therefore .the insurer was liable to meet the claim is untenable, because unless and until fire is the proximate cause f damage, no claim under a fire policy would be maintainable.[6]

PROCEDURE FOR TAKING A FIRE INSURANCE POLICY

The steps involved for taking a fire insurance policy are mentioned below:

1. Selection of the Insurance Company:

There are many companies that offer fire insurance against unforeseen events. The individual or the company must take care in the selection of an insurance company. The judgment should rest on factors like goodwill, and long term standing in the market. The insurance companies can either be approached directly or through agents, some of them who are appointed by the company itself.

2. Submission of the Proposal Form:

The individual or the business owner must submit a completed prescribed proposal form with the necessary details to the insurance company for proper consideration and subsequent approval. The information in the Proposal Form should be given in good faith and must be accompanied by documents that verify the actual worth of the property or goods that are to be insured. Most of the companies have their own personalized Proposal Forms wherein the exact information has to be provided.

3. Survey of the Property/ Consideration:

Once the duly filled Proposal Form is submitted to the insurance company, it makes an "on the spot" survey of the property or the goods that are the subject matter of the insurance. This is usually done by the investigators, or the surveyors, who are appointed by the company and they need to report back to them after a thorough research and survey. This is imperative to assess the risk involved and calculate the rate of premium.

4. Acceptance of the Proposal:

Once the detailed and comprehensive report is submitted to the insurance company by the surveyors and related officers, the former makes a thorough perusal of the Proposal Form and the report. If the company is satisfied that their is no lacuna or foul play or fraud involved, it formally "accepts" the Proposal Form and directs the insured to pay the first premium to the company. It is to be noted that the insurance policy commences after the payment and the acceptance of the premium by the insured and the company, respectively. The Insurance Company issues a Cover Note after the acceptance of the first premium.

PROCEDURE ON RECEIPT OF NOTICE OF LOSS

On receipt of the notice of loss, the insurer requires the insured to furnish details pertaining to the loss in a claim from relating to the following information-

1. Circumstances and cause of the fire;

2. Occupancy and situation of the premises in which the fire occurred;

3. Insured's interest in the insured property; that is capacity in which the insured claims and whether any others are interested in the property;

4. Other insurances on the property;

5. Value of each item of the property at the time of loss together with proofs thereof , and value of the salvage ,if any; and

6. Amount claimed

Furnishing such information relating to the claim is also a condition precedent to the liability of the insurer. The above information will enable the insurer to verify whether-

(1) The policy is in force;

(2) The peril causing the loss is an insured peril;

(3) The property damaged or lost is the insured property.

Rules for calculation of value of property

The value of the insured property is-

1) Its value at the time of loss, and

2) At the place of loss, and

3) Its real or intrinsic value without any regard for its sentimental vale. Loss of prospective profit or other consequential loss is not to be taken into account.

FILING OF CLAIMS

How a claim arises?

After a contract of fire insurance has come into existence, a claim may arise by the operation of one or more insured perils on an unsecured property. There may in addition one or more uninsured perils also operating simultaneously or in succession of the property. In order that the claim should be valid the following conditions must be fulfilled:

1. The occurrence should take place due to the operation of an insured peril or where both insured and other perils operated , the dominant or efficient cause of the loss must have been an insured peril;

2. The operation of the peril must not come within the scope of the policy exceptions;

3. The event must have caused loss or damage of the insured property;

4. The occurrence must be during the currency of the policy;

5. The insured must have fulfilled all the policy conditions and should also comply with requirements to be fulfilled after the claim had arisen.

MATERIAL FACTS IN FIRE INSURANCE: PREVIOUS CONVICTION OF THE ACCUSED

The criminal record of an assured could affect the moral hazard, which insurers had to assess, and the non-disclosure of a serious criminal offence like robbery by the plaintiff would a material non-disclosure.

INSURED'S DUTY ON OUTBREAK OF FIRE, IMPLIED DUTY

On the outbreak of a fire the insured is under an implied duty to observe good faith towards the insurers and the in pursuance of it the insured must do his best to avert or minimize the loss. For this purpose he must (1) take all reasonable measures to put out the fire or prevent its spread, and (2) assist the fire brigade and others in their attempts to do so at any rate not come in their way.

With this object the insured property may be removed to a place of safety. Any loss or damage the insured property may sustain in the course of attempts to combat the fire or during its removal to a place of safety etc., will be deemed to be loss proximately caused by the fire.

If the insured fails in his duty willfully and thereby increases the burden of the insurer, the insured will be deprived of his right to revive any indemnity under the policy.[7]

INSURER'S RIGHTS ON THE OUTBREAK OF FIRE

(A) Implied Rights

Corresponding to the insured's duties the insurers have rights by the law, in view of the liability they have undertaken to indemnify the insured. Thus the insurers have a right to-

o Take reasonable measures to extinguish the fire and to minimize the loss to property, and

o For that purpose, to enter upon and take possession of the property.

The insurers will be liable to make good all the damage the property may sustain during the steps taken to put out the fire and as long as it in their possession, because all that is considered the natural and direct consequence of the fire; it has therefore been held in the case of Ahmedbhoy Habibhoy v. Bombay Fire Marine Ins. Co [8] that the extent of the damage flowing from the insured peril must be assessed when the insurer gives back and not as at the time when the peril ceased.

(B) Loss caused by steps taken to avert the risk

Damage sustained due to action taken to avoid an insured risk was not a consequence of that risk and was not recoverable unless the insured risk had begun to operate. In the case of Liverpool and London and Globe Insurance Co. Ltd v. Canadian General Electric Co. Ltd., [9] the Canadian Supreme Court held that "the loss was caused by the fire fighters' mistaken belief that their action was necessary to avert an explosion , and the loss was not recoverable under the insurance policy, which covered only damage caused by fire explosion., and the loss was not recoverable under the insurance policy, which covered only damage caused by fire or explosion."

(C) Express rights

Condition 5- in order to protect their rights well insurers have prescribed for better rights expressly in this condition according to which on the happening of any destruction or damage the insurer and every person authorized by the insurer may enter, take or keep possession of the building or premises where the damage has happened or require it to be delivered to them and deal with it for all reasonable purposes like examining, arranging, removing or sell or dispose off the same for the account of whom it may concern.

When and how a claim is made?

In the event of a fire loss covered under the fire insurance policy, the Insured shall immediately give notice thereof to the insurance company. Within 15 days of the occurrence of such loss, the Insured should submit a claim in writing, giving the details of damages and their estimated values. Details of other insurances on the same property should also be declared.

The Insured should procure and produce, at his own expense, any document like plans, account books, investigation reports etc. on demand by the insurance company.

HOW INSURANCE MAY CEASE?

Insurance under a fire policy may cease in any of the following circumstances, namely:

(1) Insurer avoiding the policy by reason of the insured making misrepresentation, misdescription or non-disclosure of any material particular;

(2) If there is a fall or displacement of any insured building range or structure or part thereof , then on the expiry of seven days wherefrom, except where the fall or displacement was due to the action of any insured peril; notwithstanding this, the insurance may be revived on revised terms if express notice is given to the company as soon as the occurrence takes place;

(3) The insurance may be terminated at any tie at the request of the insured and at the option of the company on 15 days notice to the insured

CONCLUSION

Tangible property is exposed to numerous risks like fire, floods, explosions, earthquake, riot and war, etc. and insurance protection can be had against most of these risks severally or in combination. The form in which the cover is expressed is numerous and varied. Fire insurance in its strict sense is concerned with giving protection against fire and fire only. So while granting a fire insurance policy all the requisites need be fulfilled. The insured are under a moral and legal obligation to be at utmost good faith and should be telling true facts and not just fake grounds only with the greed to recover money. Further all insurance policies help in the development of a Developing nation. Hence insurance companies have a burden to help the insured when the insured are in trouble.

REFERENCE:

1. (1983) VR 698 (Supreme Court of Vienna)

2. Callaghan v. Dominion Insurance Co. Ltd. (1997) 2 Lloyd's Rep. 541 (QBD)

3. Small v. U.K Marine Insurance Association (1897) 2 QB 311
4. (1925) AC 619

5. (1907) Case.

6. National Insurance Company v. Ashok Kumar Barariio

7. Devlin v. Queen Insurance Co, (1882) 46 UCR 611.

8. (1912) 40 IA 10 PC

9. (1981) 123 DLR (3d) 513 (Supreme Court of Canada)

Books Referred:

1. The Economics of Fire Protection by Ganapathy Ramachandran

2. Modern Insurance Law, by John Birds

3. The Handbook of Insurance Regulatory and Development Authority Act and Regulations with Allied Laws ,by Nagar

The new movie "Thor" tops the North American box office

2022-07-13T12:13:00.005-07:00

The new movie "Thor" tops the North American box office

Thor: Love and Thunder, the fourth installment in the "Thor" film franchise, performed well at the weekend in North American cinemas, supplanting the final installment of the Minions series at the top of the box office. According to the estimates of the company "Exciter Relations" specialist.

In this new installment of the famous Thor series from the Marvel universe, Chris Hemsworth plays the role of the Scandinavian superhero for the fourth time, co-starring with the star Natalie Portman. Christian Bale's role.

The film, directed by New Zealander, Taika Waititi, like the previous part, has achieved $143 million in revenue in cinemas in the United States and Canada since its release on Friday, a huge number higher than the previous part.

"It's an excellent start for Marvel for a series that started in 2011 and has grown with every new part," said David Gross of Franchise Entertainment Research, noting that the movie's revenues are more than double what the fourth installments of other superhero movies achieved.

It far surpasses the performance of "Minions: The Rise of Gru", which slipped to second place after a remarkable run the previous weekend that coincided with the US Independence Day holiday on the Fourth of July.

The final installment in the "Men's" series grossed $45.5 million between Friday and Sunday for Universal Studios.

The movie "Top Gun: Maverick", the sequel to "Top Gun", which achieved great success 36 years ago, came third in the seventh week of its release in theaters and has so far collected total revenues of $ 597 million in the world.

Once again, Tom Cruise plays the role of pilot Pete "Maverick" Mitchell, who in the new job becomes a captain whose mission is to bomb a uranium enrichment facility belonging to an enemy country.

In the third week of its release, the movie "Elvis", which deals with the biography of the king of rock and roll Elvis Presley, fell to fourth place, with revenues of $ 11 million.

Jurassic World: Dominion, the sixth movie in the dinosaur series, came in fifth with $8.4 million in revenue.

Here are the remaining five films, in order:

6 - "The Black Phone" ($7.6 million)

7 - "Light Year" ($2.9 million)

8 - "Marcel the Shell with Shoes On" ($340,000)

9 - "Doctor Strange in the Multiverse of Madness" ($262,000)

10 - "Mr. Malcolm's List" ($245,000)

Экспорт зерна за столом российско-украинско-турецких переговоров

2022-07-13T05:07:00.002-07:00

Экспорт зерна за столом российско-украинско-турецких переговоров

Поскольку глобальный продовольственный кризис углубляется, российская, украинская и турецкая военные делегации встречаются с официальными лицами Организации Объединенных Наций в Стамбуле в среду для переговоров о возможной сделке по возобновлению безопасного экспорта украинского зерна из главного черноморского порта Одессы.

О проведении этих переговоров во вторник сообщил министр обороны Турции Хулуси Акар, сообщает Reuters.

В то время как Генеральный секретарь Организации Объединенных Наций Антониу Гутерриш заявил журналистам во вторник: «Мы очень много работаем, но нам еще многое предстоит сделать. Многие люди говорят об этом. Мы предпочитаем попытаться получить работу. Выполнено."

Детали плана

Дипломаты говорят, что детали обсуждаемого плана включают в себя украинские суда, направляющие суда с зерном в заминированные воды порта и обратно, и что Россия соглашается на перемирие при транспортировке грузов, в то время как Турция при поддержке ООН обыскивает суда, чтобы рассеять опасения России по поводу контрабанды оружия.

Во вторник Украина выразила надежду на увеличение экспорта зерна, несмотря на российскую блокаду черноморских портов, отметив, что суда начали проходить через важный эстуарий реки Дунай.

Рост цен на

Примечательно, что четырехсторонняя встреча проходит в то время, когда во всем мире растут цены на продукты питания в результате российской военной операции на Украине, сообщает AFP.

Украина и Россия являются основными поставщиками пшеницы в мире, Москва — крупным экспортером удобрений, а Киев — крупным производителем кукурузного и подсолнечного масла.

Но российские военные корабли и мины, которые Украина установила в Черном море, остановили его экспорт.

Deterring Iran and its program is a priority.. Biden promises Israel a document

2022-07-13T05:04:00.002-07:00

Deterring Iran and its program is a priority.. Biden promises Israel a document

In the midst of his scheduled consultations with Israeli officials during his short visit, which he begins today, the Hebrew media reported that US President Joe Biden will sign a document in Tel Aviv regarding Iran.

In the details, the information stated that Biden will agree with Israeli Prime Minister Yair Lapid on security cooperation on several issues, the most important of which is the commitment of the United States not to allow Iran to acquire nuclear weapons, and the use of all components of the joint force to ensure this.

Ensure that all force is used to deter Iran

The reports also quoted an Israeli political official that the Iranian issue is a top priority for Israel's national security, stressing that Tel Aviv senses the danger of Iran continuing to expand its nuclear field.

He added that Biden will pledge to intensify cooperation with Tel Aviv in order to use all means and force to stop Iran from its continuing terrorism in the region, according to what was quoted by the Israeli newspaper "Jerusalem Post".

She also made it clear that among the most important priorities that the Israeli Ministry of Defense and the Israeli army will raise during Biden's visit, is to obtain missile defense systems, discuss the issue of Iran and its proxies throughout the Middle East, in addition to obtaining new helicopters.

short visit

It is noteworthy that US President Joe Biden, was leaving Washington, DC, heading to the Middle East, on an official visit starting Wednesday, which includes Israel, the West Bank and Saudi Arabia.

State Department spokesman Ned Price announced that Secretary of State Anthony Blinken is accompanying the president.

He also added that Biden will hold consultations with Israeli and Palestinian officials, before heading to Saudi Arabia.

Biden arrives today in Israel and the West Bank in his short two-day visit, and then he will head to Saudi Arabia to participate in a summit with the leaders of the Arab Gulf states, with the participation of Egypt, Jordan and Iraq.

An American destroyer sails near the Paracel Islands, and China is angry

2022-07-13T04:59:00.007-07:00

An American destroyer sails near the Paracel Islands, and China is angry

A US destroyer sailed near the disputed Paracel Islands in the South China Sea on Wednesday, prompting an angry response from Beijing, which said its military had "removed" the ship after it illegally entered territorial waters.

This comes as the United States regularly carries out what it calls freedom-of-navigation operations in the South China Sea, defying what it says are traffic restrictions imposed by China and others.

'serious threat'

The US Navy said the USS Penfold "affirmed navigational rights and freedoms in the South China Sea near the Paracel Islands, consistent with international law," according to Reuters.

It also added that "the illegal and comprehensive maritime claims (sovereignty) in the South China Sea pose a serious threat to the freedom of the seas, including freedom of navigation and overflight, and free trade."

"Our sovereignty and security were violated"

On the other hand, China says it does not impede freedom of navigation or overflight, and accuses the United States of deliberately raising tension.

The Southern Command of the Chinese People's Liberation Army stated that the US ship's actions seriously violated China's sovereignty and security by illegally entering China's territorial waters around the Paracel Islands, which are also claimed by Vietnam and Taiwan.

It also stated that "the Southern Region Command of the People's Liberation Army directed naval and air forces to follow up, monitor, warn and remove" the ship, and showed pictures of the American ship taken from the deck of the Chinese frigate Xianying.

"security risk maker"

She also pointed out that facts once again show that the United States is nothing but a "security risk maker in the South China Sea" and a "destroyer of regional peace and stability," as she puts it.

It is noteworthy that China seized the Paracel Islands from the South Vietnamese government in 1974. It claims sovereignty over almost the entire South China Sea.

While Vietnam, the Philippines, Malaysia, Taiwan, and Brunei also have competing and often overlapping claims to sovereignty.

The United States and Israel enter into a technology partnership

2022-07-13T04:57:00.006-07:00

The United States and Israel enter into a technology partnership

Today, Wednesday, the United States and Israel announced a new high-tech partnership ahead of US President Joe Biden's visit to the region.

"A high-level strategic dialogue on technology will begin between the two countries' national security advisors," a joint statement by Biden and Israeli Prime Minister Yair Lapid said.

Climate change

He also added that the dialogue "will focus on strategic technologies in artificial intelligence, quantum technology, and solutions to global challenges, such as climate change and improving preparedness to confront epidemics."

State Department spokesman Ned Price announced that Secretary of State Anthony Blinken is accompanying the president.

Consultations with Israeli and Palestinian officials

He also added that Biden will hold consultations with Israeli and Palestinian officials, before heading to Saudi Arabia.

Sullivan: Biden tells Israel about our efforts in the nuclear deal

2022-07-13T04:54:00.002-07:00

Sullivan: Biden tells Israel about our efforts in the nuclear deal

US National Security Adviser Jake Sullivan confirmed that President Joe Biden will be frank with Israel about Washington's efforts to reach a nuclear agreement, with the president's Middle East tour that started today.

Sullivan added that Biden would be frank with Israel about US efforts to conclude an agreement with Iran.

In parallel, the US National Security Adviser said that the timing of Russian President Vladimir Putin's visit to Iran is interesting, pointing out that "Russia's deepening of its relationship with Iran to kill Ukrainians is a serious threat to the world," as he put it.

Saudi Arabia supported the armistice in Yemen

In another context, Sullivan explained that Saudi Arabia supported the Yemen truce, which saved many lives, noting that the Kingdom's investment in the Yemen truce reflected positively on living conditions.

He said that the consolidation of the armistice in Yemen may be one of the most important achievements of President Biden's trip.

short visit

It is noteworthy that US President Joe Biden was leaving Washington, DC, heading to the Middle East, on an official visit starting Wednesday, which includes Israel, the West Bank and Saudi Arabia.

The US State Department spokesman, Ned Price, announced that Secretary of State Anthony Blinken is accompanying the president.

He also added that Biden will hold consultations with Israeli and Palestinian officials, before heading to Saudi Arabia.

Ukraine: We are committed to liberating all the territories occupied by Russia

2022-07-13T04:48:00.003-07:00

Ukraine: We are committed to liberating all the territories occupied by Russia

Ukrainian Foreign Minister Dmitro Kuleba confirmed that the Ukrainian army is planning and preparing to liberate all Russian-occupied cities and towns near the Black Sea coast.

On the possibility of holding negotiations to end the war, the Foreign Minister ruled out launching peace talks soon, according to the Associated Press.

He also said that "Russia is still at war, not seeking negotiations. They are looking for a way to get us to carry out their will, and that will not happen."

Russian passports

He pointed out that Moscow is trying to annex the captured cities of Kherson, Mariupol and other cities by imposing Russian curricula, imposing dealing with the Russian currency, and providing Russian passports to Ukrainians.

"I am absolutely confident that once these lands are liberated, the vast majority of Ukrainians will quietly burn their Russian passports in stoves," he added.

Regarding his country's grain exports, he said that grain exports from his country's ports will not resume without security guarantees for ship owners and cargo owners and Ukraine as an independent country.

grain export

Speaking to The Associated Press ahead of the talks, Ukraine's foreign minister said any agreement needed guarantees from Russia "that these corridors will be respected, and not to infiltrate and attack ports or attack ports from the air with missiles."

Ukrainian forces have already stepped up their activity to retake territory in the south, with Russia focusing on eastern Ukraine.

Meanwhile, Russian, Ukrainian and Turkish military delegations meet with United Nations officials in Istanbul on Wednesday for talks on a possible agreement to resume safe exports of Ukrainian grain from the main Black Sea port of Odessa.

The European Union has frozen 13.8 billion euros of Russian assets so far

2022-07-12T06:59:00.007-07:00

The European Union has frozen 13.8 billion euros of Russian assets so far

Most of the frozen amount is in only 5 countries

European Union Justice Commissioner Didier Reynders announced today, Tuesday, that about 13.8 billion euros in assets of Russian oligarchs and other entities in the European Union have been frozen so far, as part of the sanctions imposed on Russia in response to its invasion of Ukraine.

"It is a very huge (amount), but I must say that a very large part, more than 12 billion euros (frozen) by five member states," the Belgian commissioner said on the occasion of a meeting of European justice ministers held in Prague, without specifying it.

In mid-June, German Finance Minister Christian Lindner said that the amount frozen in Germany alone is 4.48 billion euros.

"We must continue to persuade others to do the same," the European Commissioner stressed, adding, "I hope that in the coming weeks we will see an increase in such measures in all member states."

At the end of June, the Western Allies Business Unit responsible for tracking Russian elite assets had frozen $30 billion in assets owned by Russian wealthy or elites subject to sanctions, as well as about $300 billion from the Russian Central Bank.

The "work unit" includes senior officials from the ministries of finance or justice in the United States, Australia, France, Canada, Germany, Japan, Italy, Britain and the European Commission.

The Commission also made proposals in May to allow the confiscation of assets of wealthy Russians close to the power blacklisted by the European Union and trying to evade sanctions.

Brussels has proposed adding sanctions violations to the list of "European Union crimes" in order to harmonize the criminal response of the 27 often disparate countries.

Didier Reynders noted that there was "consensus" among member states on this point, and that he would submit a draft directive in October to standardize the measures.

"Thanks to this, it will be possible to initiate legal proceedings and then confiscate assets in all member states, and then the money will be poured into a common fund for the benefit of the Ukrainian people," he explained.

It is noteworthy that several Russian figures had previously been targeted by European-American sanctions, following the annexation of Crimea in 2014, but the scope of these sanctions expanded to include 1,158 people, led by Vladimir Putin himself, his Prime Minister Mikhail Mishustin, his Foreign Minister Sergey Lavrov, and 98 entities.

These sanctions include preventing the individuals concerned from going to European countries and freezing their existing assets.

Kyiv: We liberated 5 Ukrainians during a "special operation" in Kherson

2022-07-12T06:57:00.006-07:00

Kyiv: We liberated 5 Ukrainians during a "special operation" in Kherson

Kyiv announced on Tuesday the liberation of 5 Ukrainians detained by Russian forces in the southern Kherson region during a "special operation" carried out by the Ukrainian military intelligence.

The Ukrainian Military Intelligence said in a statement that during a "special operation" in the territory "temporarily controlled by Moscow" in the Kherson region, 5 Ukrainian citizens who had been detained by the Russians were liberated, according to AFP.

A soldier, a former policeman, and 3 civilians

She also stated that the operation was carried out by the special forces of the Ukrainian Military Intelligence, noting that the five people are a soldier, a former policeman and 3 civilians.

She added that "one of the released detainees was seriously injured," without clarifying whether he was injured during the operation.

She also confirmed that the five people are "now under the care of the Ukrainian authorities and receiving appropriate treatment."

This comes as the Ukrainian army has been leading a counter-attack for several weeks in Kherson, which the Russian army has controlled since the first days of the military operation in Ukraine that began on February 24.

Москва: Вашингтон ставит мир на грань ядерной войны

2022-07-12T03:52:00.003-07:00

Москва: Вашингтон ставит мир на грань ядерной войны

В свете острой напряженности между двумя странами после военной операции на Украине в МИД России подчеркнули, что США и их союзники опасно балансируют на грани прямого вооруженного конфликта с Россией, который будет чреват ядерной эскалацией. .

В заявлении, опубликованном во вторник на сайте министерства, пресс-секретарь МИД России Мария Захарова увидела, что Вашингтон и его союзники усугубили украинский кризис.

Ядерное..ожесточенное гибридное противостояние с Россией

Она добавила, что Запад развязал ожесточенную гибридную конфронтацию с Россией, а сегодня и с ней опасно балансирует на грани открытой военной конфронтации.

Он также продолжил, что такая конфронтация обязательно означает прямой вооруженный конфликт для ядерных держав, выразив опасение, что такое потенциальное столкновение чревато ядерной эскалацией.

Слова российского чиновника совпали с заявлением заместителя председателя Совета безопасности РФ Дмитрия Медведева несколько дней назад о возможности ядерной войны.

тревога

При этом министр иностранных дел России Сергей Лавров посчитал, что Россия не манипулирует вопросом ядерной войны.

Однако несколько месяцев назад, с началом российской операции на Украине, президент России Владимир Путин потребовал, чтобы силы ядерного сдерживания были приведены в боевую готовность.

Этот шаг вызвал международное возмущение, поскольку Запад счел его явной угрозой возможности развязывания ядерной войны.

Минобороны России неоднократно заявляло о том, что ее ракетно-ядерные силы и флот в Северном и Тихом океанах поставлены на усиленную боевую задачу.

Ukraine vows to take back what Russia took... and the West is skeptical

2022-07-12T03:47:00.002-07:00

Ukraine vows to take back what Russia took... and the West is skeptical

After the recent Russian advance, and amid the Ukrainians vowing to work to restore the areas controlled by Moscow, international reports questioned the matter.

The British reported that Russia is superior to its neighbors in all its capabilities and directions, pointing out that it is difficult for Kyiv to change the balance of power despite the army's plans and the arrival of new and advanced weapons, according to what was published by the British newspaper "The Guardian".

Kyiv faces obstructions

She also hoped that the Ukrainian tactic would bear fruit and change the balance, but she did not suggest that. Rather, she saw that it would be difficult for Kyiv to achieve significant progress despite the start of work with the American Hemars missiles and the British M270 missile artillery, with a range of 70 to 80 km.

He stated that the main problem is not the number of Ukrainian army personnel, but rather the quality of the soldiers themselves. He cited the ongoing Donbass battle, which proved the superiority of the Russian forces after they shifted their focus to artillery bombardment, a tactic that caused huge losses in the ranks of the Ukrainian army.

He stressed that Ukraine has a problem with training its forces on the Western weapons it receives.

"Million Soldiers"

This came after Ukraine's Defense Minister, Oleksiy Reznikov, announced that his country hopes to assemble "a million soldiers" to try to restore the territories recently controlled by Russia.

While President Volodymyr Zelensky confirmed that Ukrainian forces withdrew from Lyschansk in the Donbass, they will return thanks to the army's plans and the possibility of acquiring new and advanced weapons, as he put it.

He added that the multiple superiority of the Russian forces in artillery, air forces, missile launch systems, ammunition and numbers, made the continued defense of the city a matter of dire consequences, so it was necessary to withdraw.

In addition, the Russian control of the Donbass Basin last week was an indication of Moscow’s great progress in the region, something that Moscow has focused on since it withdrew from Kyiv, in order to impose its control over the region, and open a land corridor between east and south in the Crimea, which it annexed to its territory in 2014.

Москва: Мы уничтожили американские противокорабельные комплексы в Одессе

2022-07-12T03:42:00.003-07:00

Москва: Мы уничтожили американские противокорабельные комплексы в Одессе

В то время как на востоке Украины продолжаются боевые действия, Минобороны России заявило, что ракетные войска обстреляли позицию украинских сил в Одессе ракетами «Искандер», в результате чего были уничтожены американские пусковые установки противокорабельных ракет «Гарпун».

Официальный представитель Минобороны России генерал-лейтенант Игорь Конашенков сообщил сегодня, во вторник, что высокоточные ракеты наземного базирования «Искандер» уничтожили батареи противокорабельного ракетного комплекса американского производства «Гарпун» в Березанском районе Одесской области.

"В результате авиационного высокоточного ракетного удара под Артемовском в Донецкой Народной Республике уничтожено 180 военнослужащих и уничтожено 26 единиц боевой техники 30-й механизированной бригады ВСУ", - добавил Конашенков.

Уничтожение пусковых установок в Донецке

Он также подтвердил, что российские войска уничтожили два взвода пусковых установок «Град» и два взвода украинских гаубиц «Гяцин-Б» в самопровозглашенной Донецкой республике, сообщает информационное агентство Sputnik.

Кроме того, высокоточным оружием ВВС России уничтожены: живая сила и боевая техника ВСУ в 12 районах, четыре склада боеприпасов 79-й десантно-штурмовой бригады в районе Матвиевка Николаевской области, ремонтно-восстановительный комплекс. пункт ремонта бронетехники ВСУ в районе Северск».

Сбросить 7 маршей

Кроме того, он отметил, что российские средства ПВО сбили семь украинских беспилотников в районах Изюм, Малые Проходы и Битумник Харьковского, Славянского и Шандриголовского районов Донецка.

По его словам, 12 снарядов ураганского режима было перехвачено в Лисичанском районе Луганска, Бражковке Харьковской области и Новой Каховке Херсонской области.

Примечательно, что российские силы пытаются распространить свой полный контроль на восточный регион Донбасса, часть которого до военной операции 24 февраля контролировали пророссийские сепаратисты.

Moscow: HIMARS missile and howitzer depot in Dnipro has been destroyed

2022-07-11T13:33:00.002-07:00

Moscow: HIMARS missile and howitzer depot in Dnipro has been destroyed

British intelligence: Ukrainian forces are putting pressure on the Russian army in Kherson, and Russian soldiers in Ukraine are suffering from a state of war exhaustion.. Kiev is calling on Kherson residents to evacuate in preparation for a Ukrainian counterattack

Today, Monday, the Russian military operation in Ukraine continues to achieve its goals of liberating the Donbass lands, while Kyiv continues to receive Western support and military equipment.
In the latest developments, the Russian Defense Ministry announced the destruction of a warehouse for "HIMARS" missiles and "howitzers" in Dnipro. The Russian Defense Ministry also announced the elimination of more than 500 elements of the Ukrainian forces, including "more than 300 ultra-nationalists", and the destruction of dozens of military vehicles during the past day.
Simultaneously, the Ukrainian media reported a new Russian bombing of a 6-storey residential building in Kharkiv. The local governor said 3 people were killed and 28 others injured in Russian shelling of Kharkiv. An official from the president's office said residential areas were hit by missiles fired from Russia's multi-barrel launchers at the city.
In a related context, the emergency services said that the death toll from the Russian missile attack that hit a five-storey apartment building in eastern Ukraine at the weekend has risen to 26, and rescuers are still racing against time to find survivors under the rubble.
The developments coincide with the Ukrainian Ministry of Defense receiving a British arms shipment, which it began to deploy in Kherson in the south and Bakhmut in the east. British intelligence said that Ukrainian forces were pressing the Russian army in Kherson. She added that Russian soldiers in Ukraine are suffering from war exhaustion.
For his part, Ukrainian Defense Minister Alexei Reznikov admitted the heavy losses and depletion of the Ukrainian army, and demanded more weapons from its Western partners. He said that his country had succeeded in using the American long-range missile launchers recently received by Kyiv, according to statements reported by the American Wall Street Journal.
Reznikov added: "We need to develop, replace and modify our units, because we have heavy losses. We want more armor, more weapons from our partners. We need to reorganize on some sides, modernize fortifications and plan a new operational strategy."
This comes as the Ukrainian Deputy Prime Minister urged civilians in the southern Kherson region to evacuate the area urgently, in conjunction with the preparations of the Ukrainian forces to launch a counterattack in the city.
Ukrainian President Volodymyr Zelensky said that a rescue operation for civilians in the city of Chasov Yar was still underway, after Russian bombing of two residential buildings in the city in the Donetsk region, eastern Ukraine.
On the ground, there is heavy bombing without a ground attack, as this military equation governs the field fronts in eastern Ukraine, specifically in Donetsk, which military indicators confirm that it is the next destination for the Russian forces, thus achieving the first important field achievement, by controlling the entire vital Donbass Basin.
But the plan and the calculations on paper changed the ground, especially as the Russian forces face a counterattack by the Ukrainian army, in addition to fortifications and tunnels that would impede and delay the attack, not stop it.
In order to distract the efforts of the Russian forces, the Ukrainian army launched a series of counterattacks in Zaporizhia and Kherson, according to Ukrainian military sources, but the side battles are not enough to stand in the face of the superior capabilities of the Russian army in number, firepower and quality.
Another factor that may play against the Ukrainian forces is the attacks launched to stop the Ukrainian authorities from Belarus and Crimea, as well as across the Black Sea, despite the Russian naval vessels moving away for fear of being targeted by surface-to-sea missiles, which Washington has armed Ukraine with.
Kyiv is also betting on a new US aid package worth $400 million, which may enhance the chances of steadfastness against Russia, which confirms that it has not yet gained its weight and that serious matters have not yet begun, according to President Vladimir Putin himself.