One of my favorite comics to read is the daily Dilbert comic, written by Scott Adams. Today's Dilbert is, in my opinion, one of the best yet.
I think this comic accurately plays on the fears of most employees, and "anonymous" surveys. I hope your company isn't anywhere close to this, and if you are, you need to stop.
I represent businesses and consumers in a variety of legal issues. One of the things I've talked to a greater number of individuals about is the recent storm-related damage. A large number of consumers asked what they can do about their damaged vehicles, and sometimes their homes.
One of the best protections for your vehicles and homes is "comprehensive insurance" coverage. On vehicles, this means having liability coverage, collision coverage, gap insurance, uninsured/underinsured motorist coverage, and medical payments coverage. For your home, "comprehensive insurance" means having your home insured for replacement value, plus 10%. If you're renting, this means renter's insurance.
Hopefully, without too much haggling, any work that does need to get done when disaster hits, will.
Consumers and businesses need to be aware of two important memos produced by the Oklahoma Insurance Department, when it comes to insurance claims.
The first advisory bulletin discusses the cancellation of policies because of weather-related claims. The important thing to remember is that your insurance carrier cannot cancel your policy or increase your premium, if you filed your first weather-related damage claim. The caveat is that your policy must be in effect for at least 45 days prior to the claim.
The second advisory bulletin was sent to roofing contractors and insurance carriers as a cautionary warning. Unless your contractor has a license as a "public adjuster," they cannot negotiate directly with your insurance company for coverage. In other words, you must be present at each negotiation, or for each conversation. The Insurance Department states:
As a general rule, to avoid disciplinary action, roofing contractors should act only as contractors and stay out of claim negotiation, participating in the claim process and advertising as “claim specialists”.
The Insurance Department advises that the roofing contractor might request that they perform any of the following types of jobs: (1) request that "you enter into a contract for services authorizing the contractor to negotiate or effect the settlement of a claim for a fee or compensation"; (2) advocate on behalf of the insured or offer assistance to the insured to prepare, file or complete the insurance claim; and/or (3) advertise or solicit for employment as an adjuster of such claims.
Ultimately, the Insurance Department reminds roofing contractors and insurance providers that "a roofing contractor can not be a licensed public adjuster except in the county the contractor has its principal place of business in or in municipalities of less than 6,000 persons."
I don't believe that any of the roofing companies I deal with and represent, have intentions of deceiving customers or performing any of the described illegal acts. What I believe is that some companies blur the line through their advocacy work on behalf of their customers. This is an important factor for all contractors to be aware of and avoid liability.
If you're a contractor who would like to discuss your business processes, or you're a consumer who believes you were harmed by a contractor's inappropriate actions, please contact me to discuss your options. You can call me at (405) 748-0318 or email me at .
The "Living Will" or Advance Directive for Health Care has become something of a necessity. Many people, especially after the Terri Schiavo case in Florida, use Advance Directives to designate the handling of their bodies, should they end up in a persistent vegetative state.
The advance directive tells your loved ones, and your physician, whether you want them to use life-sustaining treatments or feeding tubes to sustain you if you're unable to move, suffer brain damage, which totally incapacitates you.
Although many of us believe (myself included) that we're somewhat immune to the finality of death. Unfortunately, the reality of death or incapacity comes far too suddenly and unexpectedly for most of us, making the need for Advance Directives, wills, or trusts even more important. You may want to check out some of my archived posts for other estate planning issues.
The Oklahoma Bar Association publishes a great brochure that explains some of the principles and procedures associated with an Advance Directive. You can also download this form to fill out and sign, which will create the Advance Directive.
If you're interested in discussing other estate planning needs, please contact me. You can call me at (405) 748-0318, or email me at .
The problem with the internet is that it's everywhere. Some may think there's an over-abundance of internet influence, especially when we talk about social networking sites, blogging, and mobile smartphones.
Now, with the abundant access to the internet, more people are getting brave. I think this is especially true for young adults and teens. The internet brings a sense of anonymity and immunity, which seems to grant license to say anything.
As this article in the LA Times illustrates, there is a significant increase in the number of lawsuits based on comments made on the internet.
While the opinion statements of a blogger or commenter receive free speech protection, other statements, like ones challenging someone's integrity, trustworthiness, or lifestyle/behavior, do not have the same protection. Victims can, and will, sue for defamation. As the Times, report shows, the victim is usually successful.
As always, you should be very cautious about the comments or statements you make on the internet. If you're interested, you may want to check out my prior post on a similar issue with social media.
Hat tip: WSJ.com Law Blog
There's a "hot bed" issue I'm seeing in Oklahoma related to landlord-tenant law. Although I don't handle very many landlord-tenant cases, when they come through, they're typically very good.
One thing landlords (and most likely their management companies) need to remember, is that you lose some rights when you make a decision to take a tenant. In the same sense, tenants have duties and responsibilities when it comes to to their leasing obligations.
Landlords should remember 3 key things:
Oklahoma, like many states, has fair landlord-tenant laws that protect both the renter and landlord. The Oklahoma Bar Association publishes two pamphlets that discuss your rights as landlord, and a tenant. Further, the Oklahoma Real Estate Commission publishes this summary of Oklahoma landlord-tenant laws. I suggest that you contact an attorney if you're involved in any type of dispute as a landlord or a tenant. The attorney will be able to give you advice regarding your situation, and help you resolve the conflict. I'd be happy to discuss your situation, if you'll call me at (405) 748-0318, or email me at .
