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Steve Brooks Insurance Services eNewsletter
Phone: 800-915-3090 |
Safeguarding the interests of you and your family
August 2009 |
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Dear Friends,
We trust this eNewsletter finds you and your family well and in good health.
As the summer comes to a close, many of our clients will have children heading off to a college or university soon. This is a very exciting time, but it can also be a difficult time due to all the details (and stress) that go along with moving.
We don't want your insurance to be one of those stressors, so please let us work with you before you might need it... you have other things to deal with.
In this issue, we look at a new report on California's climate, the risk of cancer from tanning beds, new details on the AEG/Michael Jackson insurance policy, a lawyer warns of increased landlord liability issues, Steven Tyler, and a hotel room in San Diego for only $19??
Lastly, please call our office to make sure your insurance needs are properly covered... whether it's auto, earthquake, homeowners or commercial, we can help you.
Thank you for your valued business.
With kind regards and thoughts of safety,
Steve M. Brooks, CIC, CPIA
Founder/President
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| Tanning Beds Pose High Cancer Risk |
The World Health Organization's International Agency for Research on Cancer has classified UV-emitting tanning devices as "carcinogenic to humans," moving the devices to the
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highest cancer risk category as deadly as arsenic or asbestos.
For years, scientists have described tanning beds and ultraviolet radiation as "probable carcinogens.'' The Working Group was convened by the IARC Monographs program and the conclusions are reported in an article and press release issued by The Lancet Oncology.
Combined analysis of more than 20 epidemiological studies shows that the risk of cutaneous melanoma is increased by 75 percent when the use of tanning devices starts before age 30, the IARC said.
There is also sufficient evidence of an increased risk of ocular melanoma associated with the use of tanning devices. Studies in experimental animals support these conclusions and demonstrate that ultraviolet radiation (UVA, UVB, and UVC) is carcinogenic to humans.
"People need to be reminded of the risks of sunbeds," said Vincent Cogliano, one of the cancer researchers. "We hope the prevailing culture will change so teens don't think they need to use sunbeds to get a tan.''
These findings reinforce current recommendations by the World Health Organization to avoid sunlamps and tanning parlours and to protect yourself from overexposure to the sun.
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| Landlord Beware! |
this article was written by our client: Stuart Sherman, Attorney at Law
Many landlords believe that once they turn over possession to a tenant, they have no responsibility for injuries that occur
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inside the rented apartment unit.
A landlord has an obligation to make a reasonable inspection and correct any defects that pose a danger to a potential tenant. If he fails to correct a defect that a reasonable inspection would have uncovered, then the landlord would be liable to a tenant should an injury later occur.
But what about latent or hidden defects that a reasonable inspection would not have uncovered?
Prior to the holding in Peterson vs. Superior Court, 10 Cal. 4th 1185 (1995), a landlord was strictly liable (that is, liability without fault) to a tenant or his guest for any injuries that may occur (Becker vs. IRM Corp., 38 Cal. 3rd 454 (1985). However, the Peterson court overruled the Becker decision and held that so long as the landlord was not the builder and engaged in the construction of apartment buildings, he would no longer be strictly liable to a tenant for any latent defects within the unit. However, under Peterson, a landlord is still charged with the duty to a tenant or their guests to make a reasonable inspection and correct any danger which he knew or should have known, or which defects have existed for so long that it would have been uncovered by a reasonable inspection prior to leasing the unit.
In sum, if you are a landlord, make sure you inspect a unit prior to leasing it and make notes to support your inspection. It may be good practice to have the tenant inspect the unit with you and to have the tenant place their initials to those items that passed inspection. This evidence could prove valuable should an injury later occur.
The old saying "An ounce of prevention is worth more than a pound of cure" is something a landlord should think about prior to renting any unit.
Stuart Sherman, Attorney at Law
30961 W. Agoura Rd., Suite 215
Westlake Village, California 91361
(818) 706-3790
http://www.shermanlaw4u.com/
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Aerosmith's Steven Tyler Hospitalized after Fall from Stage
Aerosmith frontman Steven Tyler reportedly was flown to a South Dakota hospital after he fell from the stage during his band's Aug. 6th |
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performance.
According to South Dakota's Rapid City Journal, Tyler was singing "Love in an Elevator" during a concert on the Buffalo Chip Campground main stage in Sturgis, SD, when the sound system cut out. A security supervisor at the campground told the newspaper that Tyler "put his mic stand down and twirled around and stepped backwards off the stage," and into the crowd.
Security reportedly rushed into the crowd, which cheered when Tyler got back up. The singer was taken backstage, and Aerosmith guitarist Joe Perry reportedly came out a short time later to tell the audience that Tyler was being taken to the hospital, and that the show - which was at its halfway point when Tyler fell - wouldn't continue.
After a doctor at the concert venue examined Tyler, the singer was flown to Rapid City Regional Hospital.
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California Resort Offers $19 'Survivor' Package
SAN DIEGO- For their one-and-only family getaway this year, the Billingtons checked in to an upscale San Diego resort on |
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Sunday with many of the usual vacation accessories -- bathing suits, board games and golf clubs.
But they also brought flashlights, sleeping bags and an inflatable mattress because the pool-side room they booked for just $19 comes with a tent where the beds normally would be. They even had to pack their own toilet paper.
While many of Southern California's luxury hotels are battling a severe slump in business by offering extra services and more amenities, the Rancho Bernardo Inn is luring guests with the exact opposite -- no frills and barely any basics.
Called the "Survivor Package," the hotel's deeply discounted promotion lets patrons trim its standard $219-per-night rate on a sliding scale of deprivation, lowering charges with each amenity stripped from the room.
The most basic version: a room for $19 with no bed, toilet paper, towels, air-conditioning or "honor bar," and only a single light bulb in the bathroom for safety. The next level up adds in a bed -- sans sheets -- for $39 a night. For a bed plus toiletries and toilet paper, the rate is $59.
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| Report: California Must Adapt to Changing Climate |
California will see more heat waves, wildfires, droughts and floods due to rising temperatures over the next few decades, and the state needs to start preparing now to handle those effects of climate change, a new report recommends.
The report encourages local communities to rethink future development in low-lying coastal areas, reinforce levees that protect flood-prone areas and conserve already strapped water supplies.
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"We still have to adapt, no matter what we do, because of the nature of the greenhouse gases," said Tony Brunello, deputy secretary for climate change and energy at the CNRA, who helped prepare the report. "Those gases are still going to be in the atmosphere for the next 100 years."
Over the last century in California, the sea level has risen by 7 inches, average temperatures have increased, spring snowmelt occurs earlier, and there are hotter days and fewer cold nights.
"We have to deal with those unavoidable impacts," said Suzanne Moser, a research associate at the Institute of Marine Sciences at the University of California Santa Cruz. "We can't pretend they are not going to happen and we have to prepare for that."
To minimize the potential damage from climate change, the report recommends that cities and counties offer incentives to encourage property owners in high-risk areas to relocate and limit future development in places that might be affected by flooding, coastal erosion and sea level rise.
Fire fighting agencies should begin immediately to include climate change impact information into fire program planning, the report recommends.
State agencies also should not plan, permit, develop or build any structure that might require protection in the future, it said.
The report says farmers should be encouraged to be more efficient when watering their crops, and investments should be made to improve crop resistance to hotter temperatures.
Additionally, the report says the state should work to meet projected population growth and increased energy demand with greater energy conservation. Renewable energy supplies should be enhanced through the Desert Renewable Energy Conservation Plan to reach a goal of 33 percent of the state's energy supply from renewable sources by 2020 in ways that protect sensitive habitat.
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| Jackson Concert Cancellation Insurance - Revisited
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Jackson Show Insurance
Excluded 'Illicit' Drug Use.
A concert promoter's insurance on Michael Jackson's London shows has provisions that may deny a multimillion dollar payout if the pop star was found to have illegally possessed drugs or was involved in the "illicit taking of drugs."
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The policy covers cancellations resulting from death, but its provisions will hinge on the results of an autopsy that has been delayed twice.
Jackson's doctor administered multiple sedatives along with the powerful anesthetic propofol, a potentially lethal combination, hours before the singer died June 25, a law enforcement official who requested anonymity because the death investigation is ongoing told the AP.
It was not immediately clear whether any medications Jackson was taking would negate a payout up to $17.5 million, which would ultimately benefit his estate.
The insurance policy, covering the first 13 shows of the 50-show run, was taken out by Jackson and concert promoter AEG Live in April. Such a policy and its provisions are considered standard for events on the scale of the one for which Jackson was preparing.
A copy of the insurance policy also showed that it had several clauses that would prevent a payout, including if the singer concealed information or acted carelessly to increase the risk of a no-show.
A claim could take months to resolve through a settlement or in court, and either route could be delayed as police investigate a manslaughter charge.
AEG Live and the special administrators of Jackson's estate have been moving quickly to cut business deals that will help the concert promoter recoup the more than $30 million it is currently owed by his estate. An insurance payout would go a long way to reducing the estate's obligation to AEG Live.
The promoter is also in line to quickly cover its costs if a $60 million payment from Sony Corp.'s movie division to distribute a film based on rehearsal footage is approved by a court Monday.
Also in the works for court approval is a merchandising deal with Bravado, a unit of Vivendi SA's Universal Music Group, which had signed a deal with AEG Live in July and has been selling Jackson goods online since then.
The estate is in line to receive 90 percent of the proceeds from the business deals after AEG Live's initial costs have been covered, according to documents filed in court this week.
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| Rumors of the Road - True or False? |
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TRUE or FALSE?
The equipment I use for my business in my home office is covered on my homeowners insurance policy.
False.
Most homeowners policies do NOT include coverage for home office equipment, inventory and supplies. If you run a business out of your home, it is important to check your policy to see if you have the correct coverage. Many insurance companies have inexpensive home-based business coverages that can be added to your current policy.
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If I buy a new car, I will be covered on my current auto insurance policy.
True. (sort of)
Most auto insurance policies include automatic coverage when you obtain a new vehicle, but it is always safer and a good idea to let your agent know as soon as possible. If you get the car over the weekend or after hours, you can email or fax the cars VIN # and possibly the purchase-lease agreement to your agent. If that's not possible, let them know Monday. Also if you wait to add the vehicle, if you have a leinholder, they want the vehicle added as soon as possible, and don't want you to wait up the "30 days".
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Flood damages is covered under my homeowners policy.
False.
Flood insurance is not covered under almost ALL homeowners policies. It can purchased on a separate policy (like Earthquake). Flood rates are the same with all companies, as all of the policies are backed by the Federal Government with the National Flood Insurance Program. To pay, a flood has to be declared in your city. It cant just be a flood in a couple of homes. Very important for homes near the coast in California, or a river.
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Steve Brooks Insurance Services, Inc. is a full service, Independent Insurance Agency, offering California Automotive Insurance, California Homeowners Insurance, as well as Renter, Condo and Earthquake coverage. We have access to the products and services of over 20 A+ Rated Insurance Companies.
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sent by: STEVE BROOKS INSURANCE SERVICES, Inc.
340 N. WESTLAKE BLVD SUITE 210
WESTLAKE VILLAGE, CA 91362
Phone: (800) 915-3090 Fax: (805) 496-4822
info@brooksins.com
www.brooksins.com
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