Posts Tagged ‘liability’

Texas Increasing Insurance Requirements for Dangerous Pets

February 24th, 2011 by Iris | Comments Off | Filed in homeowners insurance

You might file this in the “only in Texas” category. Representative Harvey Hilderbran of Kerrville, TX, has filed legislation with his state that is meant to increase public safety and promote animal welfare by making the insurance and record-keeping requirements for privately-owned dangerous animals more stringent. By “dangerous animals” Hilderbran doesn’t mean vicious dogs, either, but “exotic” pets like lions and gorillas.

Specifically, the bill would increase the required insurance coverage for dangerous animals to guarantee that their owners could cover any bodily harm or property damage the animal may cause. As well, owners would be prohibited from housing dangerous animals within five miles of a church, daycare facility or school, and they must provide two acres of property per registered animal.

“Exotic” pet owners in Texas are already required to file a permit application with their local sheriff’s office or animal control agency, but Hilderbran’s bill would increase the required information that applicants must provide. Currently, the application asks for the animal’s species, gender, age, distinct color markings, and any other identifying information. The new bill would also ask that owners include information on conditions of sale and prior ownership of the animal.

Hilderbran explained, “Identifying the circumstances surrounding the acquisition of these animals helps us verify that the previous owner had a legal right to possess the animal and that it is not being sold through the black market.”

He also said that he is adding language to the bill that will increase the frequency of inspections and care standards for wildlife rescue centers, and make it illegal for such facilities to advertise themselves as both a rescue and a hunting operation.

Hilderbran explained that his bill has nothing to do with hoofed animals, and that he does not intend to alter the list of dangerous animals already included in the Texas Health and Safety Code. That list includes baboons, bears, bobcats, caracals, cheetahs, chimpanzees, cougars, coyotes, gorillas, hyenas, jackals, jaguars, leopards, lions, lynx, ocelots, orangutans, servals, and tigers.

As well, the bill would not apply to aquariums, zoos, or research facilities, only to private animal owners.

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Friday Filmstrips: Swimming Pool Liability

February 11th, 2011 by Iris | Comments Off | Filed in homeowners insurance

When you’re a homeowner with a swimming pool, having adequate liability insurance as part of your homeowners coverage is crucial, even in winter. Why? Just watch this video.

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BP May Not Be Liable for ALL Oil Spill-related Costs

May 5th, 2010 by Iris | Comments Off | Filed in insurance news, insurance specialists

The Insurance Journal is reporting that there may be a federal law limiting the amount of money BP has to pay in damages, including lost wages and economic suffering, as a result of the recent Gulf Coast oil spill, despite President Obama’s assurances that taxpayers will not be liable.

A 1989 law, passed in response to the Exxon Valdez spill in Alaska, makes BP responsible for cleanup costs, but it also sets a $75 million limit on other kinds of damages. Gulf Coast economic losses are likely to far exceed that, and in an attempt to intervene, several Democratic senators have introduced legislation to increase the liability limit for such incidents to $10 billion, though it may not apply retroactively.

On Monday, White House press secretary Robert Gibbs said that the administration was committed to making BP pay for all costs associated with the spill, echoing a statement made by the President on Sunday, during a tour of the affected area. “Let me be clear: BP is responsible for this leak; BP will be paying the bill,” the President said.

According to Kenneth Baer, spokesman for the Office of Management and Budget, if BP were found to have violated federal laws, or was negligent with regard to the spill, the cap for damages under the Oil Pollution Act would no longer apply. He also said that the company could be held liable under other federal or state laws. “You can be sure that BP will be held accountable to the full extent of the law,” Baer said.

Even so, the existence of the liability cap could complicate the President’s plans to make BP pay for numerous costs like shortened fishing seasons and decreased tourism – costs that have not yet begun to be estimated, and could rise incredibly high.

Senator Robered Menendez (D-NJ), one of the sponsors of the cap-raising legislation, which the administration has said it supports, told the press, “We’re glad that the costs for the oil clean up will be covered, but that’s little consolation to the small businesses, fisheries and local governments that will be left to clean up the economic mess that somebody else caused.”

Also on Monday, BP issued a fact sheet, promising to pay, “…all necessary and appropriate cleanup costs…” as well as “…legitimate and objectively verifiable claims for other loss and damage caused by the spill…” Whether or not claims above $75 million would be paid was not addressed.

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