Archive for the 'Insurance & Registration' Category

There are several ongoing challenges to the Patient Protection and Affordable Care Act (PPACA). Last Wednesday, one of the cases got to the apellate level when the 11th Circuit Court of Appeals heard arguments on Florida et al v. United States Department of Health and Human Services (3:10-CV-91-RV/EMT).

This case involves the State of Florida and 26 other states (including Ohio) and a business group. In January, 2011, the federal district court, through Judge Roger Vinson (Reagan appointee, 1983), ruled the individual mandate aspect of the Act was unconstitutional and could not be stripped away from the remainder of the Act and, therefore, the PPACA was unconstitutional. Judge Vinson stayed his order conditioned upon the defendants seeking appelate review within seven days from his order. The stay order also criticized the government for continuing to implement the PPACA after his ruling in January.

Your insurance policy with your insurer is a contract. It contains specific terms, requirements, and conditions. One sure way to get a claim denied for your business is to fail to reveal a material fact that would affect your insurer’s decision whether to insure your business. Another way is to fail to coperate with the insurer as it investigates the claim.

When your business and your insurer disagrees with what the contract between the business and insurer states, either party can go to court for clarification. Such a lawsuit is called a declaratory action. One party is seeking a “declaration” that their particular vie is the correct one.

With the caveat that I always recomend that business owners work face-to-face with an insurance professional in purchasing business insurance, sometimes that is not always possible. That is why sometimes it may help the business owner to be able to work online or over the telephone directly with the insurer. For example, a rural business may have internet access; but, a fifty-mile drive to the local agent is not cost effective.

Hiscox Insurance is pushing its online presence and ability to offer small business insurance. Quotes and the ability to buy customized coverage are available online at or by calling the company.

This season seems to be one where I spend a good deal of time posting about resources for disaster victims.

The storms and tornadoes in Joplin Missouri devastated the area and our hearts go out to the victims.

The Missouri Department of Insurance has posted a page entitled “Joplin Tornado Resources” to help victims get in contact with their insurers. It lists contact numbers of various insurers to help victims reach their insurers. The page also lists a set of tips to assist in working through a disaster and working with your insurer.

Recent flooding throughout the Midwest and other natural disasters have affected sizable areas of the United States. Businesses affected by the disasters may be entitled to apply for disaster assistance from the Small Business Administration (SBA).

Immediately after a disaster and damage to a business, it is important to identify insured losses versus uninsured losses. Businesses may have both insurance and further need for help.

How does that work?

SBA assistance is available for “verified uninsured losses.” SBA assistance is not available for those damages and losses covered by insurance.



Site Navigation