Santa Maria & Company Risk News
  February 2008
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.

 
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.

OSHA Requires Employer Payment for Personal Protective Equipment
Safety glassesThe 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...
Important Changes Relating to the Terrorism Risk Insurance Act (TRIA) Extension
triaPresident 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.
Judge's Ruling Invalidates Part of San Francisco Health Plan
medicalSACRAMENTO, 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
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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...
 
Sincerely,
 

Santa Maria & Company
phone: (925) 988-8085
In This Issue
Securities Class Action Filings Increase
How Businesses Can Protect Their Customers' Privacy
Important Changes Relating to the Terrorism Risk Insurance Act (TRIA) Extension
Judge's Ruling Invalidates Part of San Francisco Health Plan
Prescription For Pot No Shield For Positive Drug Test: Court
Featured Article
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FEATURED ARTICLE

New Contact Emails
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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