By P.J. LASSEK World Staff Writer
Published: 2/16/2012  2:10 AM
Last Modified: 2/16/2012  7:42 AM

Mayor Dewey Bartlett is proposing an ordinance amendment that would allow Tulsa police officers to use municipal law to impound uninsured vehicles involved in traffic violations, ranging from expired tags to collisions.

The council is set to discuss the amendment, which would codify state law, during its 1 p.m. Thursday committee meeting.

Councilor Karen Gilbert said she agreed to carry the measure for the city administration. The amendment is subject to council approval.

“This is a public safety issue since it is a state law that you have to have insurance to drive a car,” she told the Tulsa World.

Gilbert said the amendment is “pretty much a no-brainer,” noting that not every car would be towed because the ordinance has a discretionary element.

She said she views the amendment as another “tool for police officers to keep in their tool box.”

Tulsa Police Capt. Jonathan Brooks said the amendment was requested by the city prosecutor, the Police Department and the Mayor’s Office after a change in state law last summer allowing uninsured vehicles to be towed.

Brooks said that every city ordinance that pertains to a police officer’s actions mirrors state law, which allows offenses to be processed through Municipal Court as opposed to going through state court.

“We’re hopeful that this amendment will encourage people to have insurance. Meanwhile, it gives us a little more enforcement leverage if they don’t have it,” Brooks said.

He said the most common complaint of residents is that “it’s cheaper for the uninsured motorist to just pay the fine and continue to drive. This would give us legal standing to seize the vehicle.”

Motorists who can prove to the court that their vehicles were insured at the time of the citation would be able to have that citation dismissed or voided at no cost.

Mayoral Chief of Staff Jarred Brejcha said this is an important issue for the mayor, who announced late last year that he planned to seek council approval for such an amendment.

Brejcha said the only automatic impoundment would occur if a vehicle were involved in a traffic incident or collision. Otherwise, the officer would have discretion as to whether to have a vehicle towed.

The officer could not stop a car on speculation that there is no automobile insurance, Brejcha said. A motorist would have to violate a traffic law before a determination could be made that there is no insurance, he said.

Brooks said having a discretionary element would allow the officers to better serve public safety.

He said it does not serve the public’s interest to put an elderly person or young children in jeopardy by taking a vehicle under certain circumstances.

“We’re not going to leave somebody standing in the middle of the night out on an abandoned road,” he said.

But if the vehicle is involved in an incident, the officer would lose the discretionary element. The vehicle would be required to be impounded, and “we would then have to make accommodations in terms of personal safety for the driver and passengers,” Brooks said.

Uninsured vehicle citations
Issued by Tulsa Police Department

Year                                           Citations issued                          Dismissed or voided
2009                                                16,773                                                 6,624
2010                                                17,841                                                  7,351
2011                                                 19,994                                                  5,653

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=334&articleid=20120216_11_A5_CUTLIN238153

If the worst happens, insurance can cover your losses. But what’s covered and not covered varies, depending on your policy type. Also, what you do after the damage happens can help or hurt the chances of your home insurance claim being approved.

Keep in mind that insurers view water damage in two broad categories:

1. Water from above (rainstorm, ice storm or leaking pipe).

2. Water from below (floodwater).

Your homeowner’s insurance will cover a sudden, accidental pipe break, but not a slow leak that’s gone undetected for months or years.

Rainstorms and pipe leaks

Water damage is a common reason for filing an insurance claim. Winter storms caused an average of $1.25 billion in annual losses during the past decade, the Insurance Information Institute reports. The average homeowner’s insurance claim for water damage or freezing is nearly $5,900.

Will your water damage be covered? It depends on your policy type, says Rick Kinney, a licensed claims adjuster and owner of the advice site PropertyClaimTips.com.

Some policies cover little besides fire damage. Others include water damage only if it’s cited in the policy. Still others cover water damage as long as it is not specifically excluded in the policy. Read your policy carefully to know what’s covered.

If you experience damage from water or frozen water, you still may not be covered if your insurance company considers you negligent. For instance, if you had a summer home and forgot to drain the pipes when you left, or your pipes are improperly insulated, you may not be covered.

“If you ran out of heating oil or propane, and then your pipes freeze, your insurance will deny your claim,” Kinney says.

One important thing to note if you’re filing a claim for water damage: You’ll need to prove the damage was not caused by a slow leak that’s gone undetected for months or years, says Jeff Reinig, senior vice president for home policies at Farmers Insurance.

Flood insurance is available only through the National Flood Insurance Program.

“Water damage is covered from a sudden, accidental pipe break, for instance,” Reinig says.

Mold damage is even trickier. Coverage parameters vary by state. As with water damage, the mold must have been caused by sudden water damage, not a gradual buildup.

Flood insurance

If you think your property is in danger of flooding, there’s only one resource for insurance – the federal government. Since 1968, all U.S. flood insurance has been offered through the National Flood Insurance Program, according to Farmers’ Reinig. If you’re in an area prone to flooding, you may be required to obtain flood insurance to secure a home mortgage.

If you’re at risk, it is well worth obtaining coverage. Last year, the National Weather Service reports, coastal storms, flash floods and river flooding caused more than $1 billion worth of combined property damage.

But keep in mind that federal flood insurance has its limits. You can obtain up to $250,000 of building-damage coverage. Meanwhile, coverage for your belongings is capped at $100,000.

Beyond there, you’re out of luck unless your flood is declared a federal disaster, in which case you may be eligible for additional aid from the Federal Emergency Management Agency.

Claim tips

For your best chance at getting your water damage claim paid by your insurance, act quickly. Call your insurance agent immediately — many will dispatch a team right away to help minimize damage, Farmers’ Reinig says. If no help is imminent, take photos to document your damage, then take action yourself to stop the problem and begin cleaning up.

“Keep all the evidence, even if you have to pile sopping-wet insulation in the backyard and cover it with a tarp,” Reinig says.

Your home insurer will send an adjuster to estimate the damage and present you with a settlement offer, PropertyClaimTips.com’s Kinney says. If you think your insurer’s estimate is too low, you can hire your own adjuster to do another estimate. The two estimates then go to binding arbitration, and an “umpire” appointed by the two estimators will make a final decision on the payment amount.

An ounce of prevention

The best way to cope with winter water hazards is to take steps to prevent damage. Here are some tips from State Farm Insurance:

The average homeowner’s claim for water damage and freezing during the winter totals nearly $6,000.

Water

• Check for leaks in hoses on your dishwasher, washing machine and refrigerator.

• Watch for evidence of a slow leak, such as warped, discolored or soft flooring, wet spots on the floor or water-damaged cabinets.

• Check pipes under sinks for drips.

• Check bathtubs and showers for failing grout and re-caulk as needed.

• Check for hidden leaks by stopping all water use and recording the meter reading. If the meter reading keeps going up, there may be an undetected leak.

• Make sure all family members know where the water shutoff valve is and how to use it.

Freeze

• If you’re going to be away from your permanent home or summer getaway, ask someone to stop by to check the property.

• Be sure to drain pipes or keep the thermostat on to avoid freezing.

• In extreme cold, keep a small trickle of water running through the faucet.

• Close exterior doors for unheated spaces.

• Install a household water-leak detection system.

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A.G.E. Liability Insurance fills coverage gap against accidents & third party claims Bala Cynwyd, PA, – After a lifetime of saving, seniors and their families enjoy the benefits of careful retirement planning including living life on their terms in a senior living community. But, in moments, an unforeseen accident can threaten the financial health of a senior and result in a loss of their hard earned assets. Fires, slip and falls, scooter accidents and even dog bites are all incidents where seniors in senior living communities can be held personally liable. The largest advocate for professionally-managed, consumer driven senior living communities in the country, the Assisted Living Federation of America (ALFA), is educating both senior communities and the residents they serve, to help them avoid financial hardship due to accidents and third party claims. ALFA is highlighting an innovative product called Asset Guard Endorsement (A.G.E.) liability insurance, which closes the gap to help protect seniors’ finances and reduce costs and risk for the communities where they live. “Seniors deserve the opportunity to protect their financial assets if an accident occurs and third parties file claims, the A.G.E. liability insurance program can help,” said Jamison Gosselin, SVP of Marketing at ALFA. “A.G.E. liability insurance is no ordinary renters’ insurance program. It is a renters insurance option that has been crafted to serve seniors choosing a senior living community and families who want to protect their loved ones’ assets.” A.G.E. provides seniors with coverage to protect their assets and lifestyle against third party claims resulting from bodily injury or damage to their property. It also helps senior care communities by decreasing risk and keeping their residents safe. “The fastest growing segment of our population is seniors 65 and older. During a challenging transition to a new home or environment, seniors might not realize or think about potential accidents where they can be held personally liable,” said Chuck Pedone, Regional Vice President of Marketing for Philadelphia Insurance Companies (PHLY) which underwrites this coverage. “Accidents can and do happen. This coverage is designed to provide the very best protection to both seniors and the communities where they live.”

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Legislation filed by Oklahoma state Rep. Charles Ortega would give mortgage companies no more than 10 days to release an insurance claims check to the homeowner.

“I have received numerous constituent complaints regarding a mortgage company holding onto funds for weeks while homeowners face emergency repairs that must be made quickly,” Ortega, R-Altus, said in a statement released by the Oklahoma House of Representatives. “Two constituents had to borrow money to pay contractors while struggling with their mortgage company to release funds. One constituent waited for approximately one month. My legislation sets a reasonable time limit of 10 days, which I think is appropriate.”

Ortega, himself, experienced a delay in receiving the money from an insurance claim that was sent to his mortgage company, Midland Mortgage Co. of Oklahoma City, a division of MidFirst Bank.

“I waited for 35 days after paying for $31,000 in repairs to my roof, so I have a firsthand experience of the frustration many Oklahomans face,” Ortega said. “I understand the need for mortgage companies to ensure the integrity and value of their investment. Such long delays, however, are simply the result of poor customer service.”

House Bill 2788 would also:

• Prohibit mortgage companies from requiring repairs to any part of the property outside of the scope of the insurance claim
• Require mortgage companies to issue a written notice explaining their decision if they refuse to release funds
• Direct insurers and mortgage companies to release 50 percent of the claim monies directly to the homeowner if the property damage is valued at more than $20,000 to ensure a down payment for contractors

Source: Oklahoma House of Representatives

OKLAHOMA CITY – The Oklahoma Supreme Court on Tuesday struck down two portions of a highly touted workers compensation reform measure passed last session.

Senate Bill 878 removed chiropractors as independent medical examiners in workers compensation cases. The new law, which became effective Aug. 26, limited independent medical examiners to medical doctors and doctors of osteopathy.

The suit alleged that chiropractors in the past had been allowed to serve as independent medical examiners and their reports were used to support claims for permanent partial disability.

Traditionally, independent medical examiners meant someone appointed by the court to examine a patient for future treatment or determine the degree of disability. The new law seemed to include them as advocates as well, giving evidence for one side or the other.

“We find the legislature, by the exclusion of not only chiropractors, but also podiatrists, dentists, and optometrists, have created a suspect special class,” the opinion said. “We also find that there is neither a distinctive characteristic upon which this different treatment is reasonably founded nor one which furnishes a practical and real basis for discrimination between the groups within the classes.”

The portion of the law that excludes all physicians other than medical doctors or doctors of osteopathy as independent medical examiners is unconstitutional, the opinion said.

The measure also attempted to change the standard of review to clear and convincing evidence from preponderance of the evidence, the opinion said.

The Supreme Court struck that portion of the law as well, saying it violated the separation of powers clause of the Oklahoma Constitution.

Passage of workers compensation reform and lawsuit reform were two measures Republicans touted as successes following the legislation session.

The lawsuit was brought by chiropractors J. Dan Post and Brad M. Hayes and the Oklahoma State Chiropractic Independent Physicians Association.

John C. McMurry, an Oklahoma City attorney who represented the petitioners, said he was not surprised by the ruling in favor of his clients.

“We felt we were right and we thought the court would go with us,” he said.

Gov. Mary Fallin, who signed the bill, was named as a respondent.

“While the provisions of the landmark workers compensation reform bill have been struck down, the majority of the law remains in effect and has already resulted in lower workers comp rates in Oklahoma,” said Alex Weintz, a Fallin spokesman. “These reforms are an important part of the governor’s pro-jobs agenda.”

Sen. Anthony Sykes, R-Moore, was a Senate author of Senate Bill 878, which created the law that was challenged. He did not return a phone call seeking comment.

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=336&articleid=20111221_16_A1_OKLAHO763589

Unfortunately the answer is not always good news. Yes, if you have home owners insurance your collection will most likely be partially covered, but it could be lumped in with other personal property, such as furniture, lamps. Dan Ramsey of IIAOK, says to ask yourself “Do I own or collect anything that is unusual, of extraordinary value, or special interest? If the answer to this question is “yes”, more than likely you need to discuss this matter with your insurance agent.”

Talk to your homeowners insurance agent to find out if a special rider or separate insurance policy can be written for your collection. Or you might want to do it through an insurance company that deals specifically with collectors.

Separate Policy with Homeowners Insurance Company
For several years I had a separate insurance policy (connected to homeowners insurance) to cover a glass ornament collection. The policy had a lower deductible limit than homeowners policy, but to be honest it was a bit of hassle keeping up with the listing of each separate item when it was purchased. I felt the price was reasonable, winding up to be about the price of one ornament.

Policy with Specialist Company
Another insurance option is completely separated from the homeowners or rental policy one might have. The policy is purchased from an insurance agency that specializes with antique and collectibles. The policies will cover your collections, be it stamps, coins, pottery or even muscle cars. Since the agencies are set up to insure antiques and collectibles, a policy holder will be dealing with a knowledgeable person when and if a claim is made.

Prices for this type of insurance ranges from $48. to $75. per $10,000, a small price to pay for piece of mind.

OKLAHOMA CITY – Individual health insurance for some children should soon be available in Oklahoma again, state insurance department officials say.

In Oklahoma and more than 20 other states, insurers stopped issuing such policies last year after passage of the Patient Protection and Affordable Care Act, saying the federal reform law would have required them to take all children, including those born with serious medical conditions.

Some states, including California and Kentucky, responded with laws requiring all insurers doing business in the state to offer child-only policies.

Monday, Gov. Mary Fallin signed an emergency change to Oklahoma’s insurance laws allowing insurers to decide at what age they can begin coverage.

Deputy Commissioner of Health and Life Insurance Mike Rhoads said he expects the change to bring insurers back into the market for ages 1-19.

“Insurers remain reluctant to issue policies for children ages zero to 1,” Rhoads said. “Companies have indicated to the Oklahoma Insurance Department that they are prepared to re-enter the market for children ages 1 to 19. We will continue working toward solutions that provide more coverage options for the youngest Oklahomans.”

Rhoads said he expects insurers to begin accepting new applicants early next year.

Child-only policies are purchased primarily for children not eligible for group or government-subsidized insurance.

These are often children whose parents are without employer-provided insurance or who are living with grandparents covered by Medicare.

An estimated 4 percent of Oklahoma children were covered by child-only policies in 2008-2009.

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20111207_16_A4_OKLAHO851113

OSHA’s incidence rates measure the number of work-related injuries and illnesses per 100 workers. The national average for all workers was 3.8 last year. For private industry, it’s a little lower – 3.5.

For local government workers it’s higher – 6.1. That’s not surprising, because local government workers include most of the nation’s police and firefighters, plus a large contingent of workers involved in construction- and maintenance-related jobs.

But the city of Tulsa’s incident rates are astronomical, even by those standards. The overall rate – 25.6 – was more than four times the national average.

For police, the incident rate was 29 – 2 1/2 times the national average – and for firefighters it was 56, or four times the national average.

“We should be able to drive those rates into single digits, and that should drive down our workers compensation costs significantly,” said Vickie Beyer, director of the management review office.

“Firms that have come in say we could save 50 percent to 75 percent,” Beyer said.

Because the city is self-insured, workers compensation costs affect taxpayers in two ways.

One is the $5.1 million in general revenues allocated this year for claims covered by the employee insurance service fund. This money comes almost entirely from sales taxes, and every dollar spent on workers compensation is a dollar not spent for city services and facilities.

The second is the $2 million to $5 million a year paid from the city’s sinking fund to cover claims of $5,000 or more. The sinking fund is replenished from property taxes, which are adjusted annually according to the claims against the fund.

Last month, the city issued a request for proposals and hopes soon to hire a consultant to bring the number of injuries more in line with national trends.

That may include some sort of fitness program.

“There’s a link between employee health and workers compensation,” said Beyer. “If you’re overweight, you’re more likely to injure yourself. We’ve found that about 15 percent of our employees are considered normal weight. Another 15 percent are at the top of the range. We didn’t have a measurable percentage who are considered underweight.”

Beyer said many department heads and supervisors didn’t realize how high Tulsa’s injury rates are compared to other cities.

“Many of them were shocked,” she said.

Incident rates for firefighters are normally high, and for obvious reasons, but Tulsa’s are even higher. Beyer said her office’s investigation has shown that two-thirds of the department’s claims are for injuries suffered in fire stations.

As it happens, Tulsa’s workers compensation payments have already declined about 10 percent since the high of two years ago. The city paid out $8.8 million for the budget year ending June 30, compared to $9.3 million the previous year and more than $10 million two years ago.

Pam Marrs, the city’s workers compensation administrator, was cautious about reading too much into the decline, but noted that it occurred even though the number of claims remained steady.

Asked if she has seen an impact from recent workers compensation reforms, Marrs said, “No, not at all.”