When Insurance May Not Cover Issues in Real Estate

If there is a need for extra insurance, it should be purchased, but the policy must be understood, or it is possible to buy through a carrier where gaps may exist such as smoke or fire damage or theft of only certain goods. Standard coverage may not be appropriate for specific locations around the United States.The standard policy that a new homeowner purchases typically covers everything he or she may think of, but this is not necessarily enough based on what could go wrong.

The theft policy could only cover small items such as radios, books and electronic gadgets, but the larger purchases may be exempt from this policy. Vandalism generally covers any type of damage, but if theft is not included, anything stolen may not be compensated. Weather could encompass fire, wind, lightening and similar issues, but it may not cover flooded areas with extensive rains. And, there are times when other problems occur that the homeowner may not have thought could occur in his or her location.Mold and PestsSmall pockets of mold are usually not treated with care by the homeowner.

However, when this mold spreads and consumes portions of the house, it may be both a danger to the safety of the walls and structure as well as the health of those within the home. Some coverage provided by insurance policies and carriers are limited in the aspect of mold, and there may be only some compensation or repair work possible. Other polices have no coverage for mold within the insurance purchased, and this could leave the owner of the house in dire peril for housing. Most insurance agencies have limited mold coverage so that only something specific that causes the problem could lead to coverage.

 This may be a burst pipe or damages made by construction workers.Mice, rats, termites, bed bugs and other pests are not usually provided for in the standard coverage purchased by a homeowner. Any of these creatures may damage the house through electrical wiring to holes in the wall. Unfortunately, unless additional policies are purchased or coverage is extended, the owner of the policy is out of luck in dealing with these insurance issues. For those that cannot afford extra or more insurance, it is best t prevent these disasters from transpiring. This may require the individual to keep a look out for insects, pests and rodents. Avoiding the complication may be the best option available.Sewage, Floods and EarthquakesSewage back-ups occur infrequently, and this is one reason many homeowners do not purchase policies with this protection. If this matter does affect the house, it could cost thousands.

Floods usually only harm a home in certain locations around the country. However, it is vital to purchase this coverage to ensure any flood that does transpire may be recovered from and the compensation received. Even if mortgages and loans do not require this policy, it is important to ensure it’s added to the insurance for the house. Damage from both floods and sewage ruin the property and are a great expense.Earthquakes are another disaster that usually only affect certain portions of the globe. However, many policies do not offer this type of coverage.

That means additional insurance is necessary. Because the standard policy does not include quake damage, it is vital that in the locations where seismic activity is a concern that the coverage is added to a insurance. Some locations may be affected by sinkholes, or these may appear through other natural disasters. However, because they are rare unless in certain states, insurance often does not even have this listed as an option. However, earthquake coverage may include these problems as well.Legal Concerns of InsuranceThere are many instances when insurance is purchased and the settlement is not provided, or compensation is not enough to recover from the incident. As long as the policy covers the matter, it is imperative that a lawyer is hired to assist with all reasonable and possible compensation. It is also crucial that extra insurance coverage is purchased when there is any possibility that the infrequent issue occurs, and legal counsel sought when necessary.

Read More

Insurance Settlements and Service Providers

Insurance settlements usually are offered to ensure the damage is repairs fully. If this amount is greater than the repairs, the compensation may need to go for other items such as additional manpower, extra services and similar concerns. It is important to ensure the insurance company is not harmed during this process to prevent any complications or legal entanglements with the business in the future. 

This could mean contacting the adjuster after the invoice has been supplied. However, if the service provider wants to increase costs due to the amount awarded, it may be necessary to contact an expert in these matters such as a business lawyer. 

 When damage occurs to the home or other areas and an insurance company is contacted for compensation to make repairs, an insurance adjuster is dispatched to discover how much in compensation needs to be provided if the claim is legitimate. 

This means analyzing the situation and determining a reasonable and fair offer based on all included factors. The monies provided through this process are usually enough to cover all damage incurred. Then, a repair agency is contacted to make the location whole after the incident. 

This could mean a carpet cleaning service, a fire repair company or similar organizations.Invoice ChangesCompanies hired to repair the damage caused for whatever incident may work directly through an insurance company. However, even if they discover how much in the settlement was provided, the billing through the invoice should not be changed unless additional work is needed to complete the repairs. For any questionable actions or activity where the company may request to alter the invoice, the insurance carrier should be contacted. 

This could lead to complications if the policy holder does not communicate what is transpiring. It may be necessary to hire a lawyer to keep these issues from harming the homeowner.More Settlement than NeededIf there is more compensation provided than needed for repairs to the affected home, location or area of damage, it is up to the homeowner or policy holder to contact the insurance company and give the extra back to the company. Paid receipts are provided to the carrier for these situations, and all funds are monitored for these circumstances. 

It is when changes are made to the invoice after learning how much was provided that these matters may need to involve legal representation to prevent complications with the insurance agency. However, if all extra monies are refunded to the insurance company for what was not needed, the policy holder should not foresee any further problems.How to Proceed with Larger AwardsThe best way to move forward after more awards are given than needed for repairs may be to contact the insurance adjuster and see if anything has been missed. It may be that something was discovered and placed in the investigation documentation that was not repaired or noticed by the service providers. 

This means that the employees did not detect any additional concerns and may have given inadequate service. However, there could be another area that was untouched by cosmetic damage, but the internal systems may have been harmed by the incident. One example of this would be fire damage having destroyed an entire room, but smoke may have clogged ventilation and is not seen until someone digs into the matter deeper. 

 When the repairs are complete, the invoice should reflect reasonable and fair pricing with everything taken care of that was damaged. This receipt of the services rendered should not be altered unless additional work is needed. Once the invoice is provided, all extra funds need to be refunded to the insurance company, or the policyholder could be committing a crime. If the service provider attempt to alter the invoice after everything has been completed and pricing was calculated correctly, the employees may be committing a violation of the law.

Read More

Know Your Rights When You Are Being Bullied

Many times, observers of bullying do not know what to do. Parents may try to step in or may advise their children to simply ignore the bullying. Unfortunately, such action may simply cause the bullying to escalate. Friends may be afraid to help because they do not want to become the new source of ridicule.Types of BullyingVarying kinds of bullying exist and can haunt others. Physical abuse of another may result in bruises, cuts, scrapes, and even broken bones. 

When taken too far, one may take the life of another even if accidentally. Verbal mistreatment may have the most lasting effects upon a person. This type of cruelty tends to take certain characteristics one may be most vulnerable about and exploit them for the world to see as ridicule. Because this kind is usually not physical, it may have lasting effects that cause the person to doubt themselves and suffer from low self-esteem. It may even cause them to take their own life if this type of harm goes on for too long, or if it goes too far. Another form of bullying is indirect. 

This could be as little as spreading rumors, or it could be as vicious as causing someone else to directly threaten a person.ProtectionDue to the high number of suicides and negative effects of bullying, many schools have created programs to fight this nasty form or abuse. In fact, the law requires the implementation of such policies. In addition to the mandated policies, some schools have created clubs to band together and stop bullying in its tracks. Others have had conferences where teachers learn exactly what constitutes bullying and how to combat it. 

 State LawsLaws regarding bullying vary from state to state. Some states have offenses related to threatening behavior that are activated if a child is threatened by another student. If the abuse took a sexual form, the criminal offense may be labeled as “Indecent Assault.” Assault charges may be filed if a student physically assaulted your child.State laws often contain very specific provisions and procedures that must be met and followed. 

For example, Arizona’s Protection from Harassment Act requires the perpetrator to commit multiple transgressions before the law will be triggered. Some states base damage claims on the legal theory of negligence if a student’s bodily harm or mental anguish can be substantiated through professional health confirmation. Some states have a statute of limitations of merely one year by which a legal claim must be filed.Social MediaMany bullies in the 21st century are online bullies. Mobile devices, smart phones, tablets, laptops and a solid Internet connection make it easier for students to log on and post nasty comments about another student. 

Sometimes, a person uses chat rooms or emails to send a flurry of hateful messages. In other instances, the bully uses a fake profile or the anonymity of the Internet to say hurtful things to another student that he or she would not normally say if his or her identity was known. Historically, one of the difficulties of pursuing such cases against a school for not stopping the bullying was showing how the school was responsible for content outside of school hours. Another difficulty was that the conduct did not necessarily fit into a typical criminal statute. 

New legal theories have emerged to solve both problems.Education and PreventionSchools need to explain to the students that bullying is not tolerated. Schools may attempt to curb bullying by having ongoing communication with students about school policies and criminal offenses that prohibit such conduct. Conferences and training can help inform staff and students about recognizing bullying, methods to prevent bullying and solving issues related to bullying. Legal recourse is available for those that experience these issues. Individuals who are being adversely affected by bullying may wish to discuss the issue with a lawyer who has experience in personal injury law and education law. Many lawyers will offer free consultations for students that have experienced offensive behavior and can provide an evaluation of the legal remedies that may be available.

Read More

The Homeschooling Court Victory for Parents in California - Can Parents Rest Easy?

As California’s financial debt, overcrowding and budget cuts eat away at the quality of education being given to students in California, and as the number of families grow who feel they can give their children a better education than is given in public schools, and without the influence of bullies and other disruptive elements in their children’s lives, there is now a significant numberFIND MORE LEGAL ARTICLESof children being homeschooled in California. California education lawyers and education attorneys throughout the State of California have been aware of this large segment for some time now in California. 

 Therefore, when in February 2008, a California court ruled that unless one of the parents of a homeschooled child had a credentialed teaching degree, their children being taught at home were truant, it shocked the families of these homeschooled children. 

 This ruling was thought to affect 200,000 kids in the State of California. Protests were raised from parents of these children to the Governor of the State.On rehearing, the same judges made an equally stunning reversal of their opinion. Judge H. Walter Croskey, of the Second District Court of Appeal in Los Angeles wrote that so long as parents declare their home to be a private school, they can continue to homeschool their children, even without credentials.Parents, especially Christian parents of homeschool children and homeschooling associations hailed the decision. Governor Schwarzenegger perhaps naively expressed his hope that this might settle the issue once and for all.However, in his decision on the issue, Judge Croskey noted that while California impliedly allows parents to homeschool, California currently has no enforcement mechanism.

He said, given the State’s compelling interest in educating its children, and the absence of an express statutory and regulatory framework for homeschooling in California, additional clarity would be helpful.Parents of homeschooled children should realize that Judge Croskey’s opinion is an invitation to legislators to create statutes and regulations in this area as well as a mechanism to enforce the rules they set for homeschooling.As a lawyer who must constantly read new laws, parents should know too that wherever there are legislators, they are busy creating new regulations.Governor Schwarzenegger’s hope notwithstanding, the court’s ruling did anything but abdicate the right to make further rulings. 

After first holding against homeschooling and then completely reversing course and admitting that it did so simply on an implied allowance by the State to allow it, the next court to review the subject could very well rule completely differently.For the moment, however, parents teaching their children at home can breathe a sigh of relief. How long that relaxed atmosphere will last, however, will yet be up to the courts and the state legislature.ABOUT THE AUTHOR: R. Sebastian GibsonSebastian Gibson graduated cum laude at UCLA in 1972 and received law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law. 

 Mr. Gibson began his legal career in San Diego before practicing for years in London, England. Today, he has offices in Rancho Mirage and Palm Desert, Newport Beach, and the firm’s Of Counsel office is in Carlsbad, San Diego.Mr. Gibson’s firm practices law in a wide variety of areas of law including education law throughout Southern California from San Diego, Orange County, Irvine, Anaheim, Huntington Beach, Santa Ana, Ontario, Rancho Cucamonga, La Jolla, Temecula, Buena Park, Riverside, San Bernardino, Indio, Chula Vista, Escondido, Costa Mesa, Laguna Beach, Santa Monica, Santa Barbara, Ventura, Oxnard, San Luis Obispo, Indian Wells, Fullerton, Orange, Palm Springs, Palm Desert, and Newport Beach to Carlsbad.

Read More

A Safe Harbor for Educational Use of Copyrighted Works. The Teach Act

Use of copyrighted works for educational purposes is addressed in a broad sense in Section 107 of the Copyright Act which identifies a “fair use” defense to copyright infringement. Establishment of a “fair use” defense is a fact intensive effort that must be tailored to each individual situation. For example, Section 107 of the Copyright Act requires careful case specific consideration of:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 
(2) the nature of the copyrighted work; 
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 
(4) the effect of the use upon the potential market for or value of the copyrighted work.Rather than having to undertake such a fact intensive effort to defend copyright infringement, Section 110(a) of the Copyright Act promulgates a long standing “safe harbor” provision which allows the performance or display of a copyrighted work “by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom.”3While Section 110(a) provides a “safe harbor” for use of copyrighted works in a face-to-face classroom setting, until the TEACH Act was codified in 2002, the law was not clear regarding use of such works in distance education settings. As a result, educators who used copyrighted works in distance education format risked infringement and/or had to rely on the fact intensive “fair use” defense, because such an educational format could be viewed as not being a face-to-face classroom setting. 

 Fortunately, Congress enacted the TEACH Act4 (Section 110(2) of the Copyright Act), extending the “safe-harbor” provisions to distance education. Thus, rather than relying on the fair-use defense to copyright infringement, the TEACH Act can be implemented in a checklist type manner. Such a checklist should address all of the TEACH Act requirements including whether: 

1) the institution is a nonprofit accredited educational institution; 
2) the copyrighted materials are directly relevant to the course; 
3) whether controls are in place to limit access to only those students enrolled in the course; 
4) only reasonable and limited parts of dramatic literary, musical, or audiovisual works are utilized; and 
5) controls are in place to limit the students' ability to retain or further distribute the materials. In addition, the checklist should address provisions of the Digital Millennium Copyright Act5 to ensure that the prohibition on use of encryption circumvention methods and devices is complied with.Compliance with the “safe-harbor” provisions of the TEACH Act, for example by developing a comprehensive checklist that is consistent with the Copyright Act, should be implemented to ensure that educators who offer distance education programs are protected from the rough waters that could be encountered through copyright infringement actions.

Read More