Dear Janelle,
Thank you for viewing this material. We are pleased
to provide this service to you, and to provide up to
date information regarding risk management, insurance
industry news, products and changes.
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| Securities Class Action Filings Increase
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Subprime mortgage problems
and stock market volatility drove up securities class
action lawsuit filings in the second half of 2007, but
total filings last year remained below the 10-year
average, according to a report released Thursday.
With 100 suits filed, the second-half increase ended
an extended downturn in the number of filings. However,
it may not signal a long-term reversal in claim filings,
according to one researcher.
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| OSHA Requires Employer Payment for Personal
Protective Equipment |
The
Occupational Safety and Health Administration (OSHA)
recently amended its regulations to mandate that
employers pay for personal protective equipment ("PPE")
that is required for job performance. The rule
becomes effective on February 13, 2008, but employers
will have until May 15, 2008 to implement the payment
requirements.
While the new rule is seemingly
straightforward and uncomplicated, the rule-makers have
created a thicket of thorny issues that will undoubtedly
create confusion for employers, employees, and union
representatives.
Read
on...
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| Important Changes Relating to the Terrorism Risk
Insurance Act (TRIA) Extension |
President Bush recently signed
legislation enacting a seven-year extension of the
Terrorism Risk Insurance Act (TRIA). This
extension, which became effective immediately, includes
these more significant changes:
- Revising the definition of a certified act of
terrorism to eliminate the requirement that the
individual(s) are acting on behalf of any foreign
person or foreign interest.
- Extending the program by seven years through
December 31, 2014.
- Requiring clear and conspicuous notice to
policyholders of the existence of the $100 billion
cap.
- Fixing the Insurer Deductible at 20% of an
insurer's direct earned premium, and the federal share
of compensation at 85% of insured losses that exceed
insurer deductibles.
- Fixing the program trigger at $100 million for all
additional program years.
- Requiring the U.S. Treasury to promulgate
regulations for determining pro-rata shares of insured
losses under the program when insured losses exceed
$100 billion.
- Requiring the Comptroller General to study the
availability and affordability of insurance coverage
for losses caused by terrorist attacks involving
nuclear, biological, chemical, or radiological
materials and issue a report not later than one year
after the enactment of the Terrorism Risk Insurance
Program Reauthorization Act of 2007.
- Requiring the Comptroller General to determine
whether there are specific markets in the United
States where there are unique capacity constraints on
the amount of terrorism insurance available and issue
a report not later than 180 days after the enactment
of the Terrorism Risk Insurance Program
Reauthorization Act of 2007.
- Requiring the President's Working Group on
Financial Markets to continue an ongoing study of the
long-term availability and affordability of terrorism
risk insurance.
- Accelerating the timing of the mandatory
recoupment of the federal share through policyholders
surcharges.
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| Judge's Ruling Invalidates Part of San Francisco
Health Plan |
SACRAMENTO, CA -- A federal judge
this week invalidated part of San Francisco's landmark
attempt to extend health care coverage to all uninsured
adult residents and casts new doubt on the viability of
a statewide program for covering the uninsured that is
now pending in the Legislature. State attorneys said
Thursday that they are studying the ruling, but critics
of the sweeping state overhaul said the state plan could
be challenged on the same grounds.
U.S. District
Judge Jeffrey White struck down the provision that
required employers to provide insurance to their workers
or pay part of the cost asserting the city was intruding
into federal regulation of employee benefits. Both the
city and state plans require an employer mandate.
Read
on... |
| Prescription For Pot No Shield For Positive Drug
Test: Court |
SAN FRANCISCO-An employee
whose doctor recommended that he use marijuana cannot
claim disability-based discrimination against an
employer that fired him for testing positive for drug
consumption, a split California Supreme Court ruled
Thursday.
The plaintiff in Gary Ross vs. Ragingwire Telecommunications
Inc. claimed his former employer violated
California's anti-discrimination law when the employer
fired him rather than make accommodations for a
disability. Read
on...
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Sincerely,
Santa Maria &
Company
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FEATURED
ARTICLE
New Contact Emails
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In
an effort to streamline processes for our clients, we
have created three new emails addresses for several
routine tasks. Requesting Certificates of
Insurance and MVRs is now easier than ever, and all new
Claims can be submitted to one email address.
Certificates of
Insurance certificates@santamariarisk.com
MVRs mvrs@santamariarisk.com
Submit a New
Claim claims@santamariarisk.com
If you
have any questions, please don't hesitate to contact our
office.
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