Protecting your family car with insurance

Jim Murphy of Murphy, Gillick & Wicht Prachthauser

October 8/2003

Our firm recommends that all drivers have bodily injury liability insurance, underinsured motorist coverage and uninsured motorist coverage with limits of at least $100,000 per person and $300,000 per accident. (“100/300”).

Protecting Your Family with Car Insurance

Why is car insurance important?

Serious and disabling car accidents are common. In just one year, 1996, more than 66,000 persons were reported injured in Wisconsin motor vehicle accidents and, on average, two people were killed each day. A significant injury can result in substantial medical expenses, lost wages, pain, suffering and permanent disability or disfigurement. Since the driver responsible for a car accident could be someone in your household, someone who has low insurance limits, or someone who is not insured, ample insurance coverage is the best way to protect your family from being financially devastated by a personal injury caused by a car accident. Our firm recommends that all drivers have bodily injury liability insurance, underinsured motorist coverage and uninsured motorist coverage with limits of at least $100,000 per person and $300,000 per accident (“100/300”). If higher limits are feasible, then these should be considered because limits may often be raised substantially with only a minimal increase in premium. For example, Wisconsin’s Commissioner of Insurance notes that increasing limits five times, from 50/100 to 250/500, increases premiums only 22%.

How do I safeguard my assets?

Buying Bodily Injury Liability insurance protects your assets when you, a family member living with you, or a person using your car with your permission unintentionally or negligently causes a car accident injuring someone else. Such insurance covers you from that person’s claim up to the stated amount of your limits and compensates that person for his or her related medical expenses, lost wages, pain, suffering and permanent disability or disfigurement. You are responsible for any amounts exceeding your limits.

What protects my family from drivers who don’t have car insurance?

Uninsured Motorist (“UM”) coverage is insurance that you buy in order to protect yourself and occupants of your car when struck by a driver with no insurance or a hit-and-run driver. It would also apply if you were injured as a pedestrian struck by such a driver. Such coverage ensures that money is available to pay for losses caused by someone else’s negligence – someone who was already so negligent that they failed to obey the law. Underinsured Motorist (“UIM”) coverage is meant to protect you and the people in your car by applying to injuries caused by drivers who do not have sufficient insurance. In Wisconsin, the minimum amount of bodily injury liability coverage required is $25,000 per person and $50,000 per accident (“25/50”). But because an average five-day hospital stay can cost more than $10,000, such coverage is often wholly insufficient to pay for the medical expenses, lost wages, and pain, suffering and permanent disability or disfigurement which are incurred. Underinsured coverage increases the amount of insurance available to you and the people in your car up to the amount of coverage you buy.

What if I want a substantial amount of insurance?

Through homeowner’s insurance, you are often given the option to purchase an “umbrella” policy or excess coverage, which gives added protection above the limits of your car insurance. For someone who has substantial assets, like a home, retirement funds or savings, this type of policy protects those assets up to the stated limits. Significantly, these policies may allow you to add the umbrella to youruninsured and underinsured motorist coverage.

Thus, for example, if you bought an umbrella policy with a $1,000,000 limit and had it apply to your uninsured motorist coverage, you would be protected when a driver with little or no insurance caused you catastrophic injury, such as paralysis, loss of a limb, or burns. Keep in mind that all insurance policies are different and should be read carefully and discussed with the insurer’s agent.

Moms Honored for Changing Wisconsin Law

This past summer Don Prachthauser, President of the Wisconsin Academy of Trial Lawyers, honored two mothers who struggled against powerful business interests to effect an important change in Wisconsin law.

After the untimely deaths of their two children, the Mothers, Patty Millar and Barbara Schultz, discovered that Wisconsin law restricted the amount of damages recoverable for wrongful death. Under the law, damages were limited to a maximum recovery of $150,000 for the loss of a child or spouse’s “society and companionship,” e.g., his or her love, affection, care, protection, and guidance. Recognizing the unfairness of such an arbitrary limit, the mothers began a grassroots effort that increased public awareness, gained attention from media, and eventually reached Wisconsin legislators even though, as Don Prachthauser noted, “All the experts said that this couldn’t be done. It would be impossible given the current political environment. “As a direct result of the Mothers’ efforts, the “Justin/Lindsey” bill was passed. Under the new law, parents may recover up to $500,000 for the loss of a child’s society and companionship and individuals recover up to $350,000 for the loss of a spouse’s society and companionship. Although the Mothers object to laws that abolish a jury’s right to determine damages, the legislation is a victory for families who lose loved ones as a result of another’s negligence. Law’s Effect on Insurance Wisconsin State Journal noted that Wisconsin insurers, which opposed the new law, have used the change as a selling tool to urge customers to boost car insurance coverage. Though we encourage all drivers to examine their insurance coverage, the fact is that non-fatal injuries “are far more common, and often costlier, than fatal crashes.”

Murphy Lawyers in the Community

Jim Murphy recently addressed developments in product liability litigation involving defective seat belts and air bags before the Wisconsin Academy of Trial Lawyers’ Annual Seminar in Door County.

In October, Don Prachthauser spoke to University of Wisconsin law students at a Career Forum about their professional options. He was also newly appointed to the Board of Directors of Young Life and Chairman of the Gethsemane United Methodist

Administrative Council. Melita Biese is serving as Program Chair for the Wisconsin Academy of Trial Lawyers and a Parish Trustee for St. Bernard’s Church in Wauwatosa. She was also elected to the Litigation Committee for the Wisconsin State Bar.

This summer, Kevin Kukor spoke at the Wisconsin State Bar Convention on cross-examination of experts. Kevin is serving a third year as Athletic Director at St. Mary’s Parish school in Hales Corners.

Keith Stachowiak is on a committee developing guidelines for the St. Gerard Fund, which will annually award about $60,000 in scholarships for grade school students. He is also serving a third year as Athletic Director at Our Lady Queen of Peace Parish school, where he is Vice-Chair of Parish Council and Finance Committee Chair.

This past Summer, Thadd Llaurado coached girls’ baseball for the New Berlin Athletic Association, and this September he began his third year coaching Marquette University’s Mock Trial Team.

Mark Baus is active as a tutor for students at Milwaukee Public School’s Carlton School.

So-Called “No-Fault” or “Auto Choice” Insurance

A form of insurance available in a few states is labeled “no-fault” or “auto choice” insurance. Under this scheme, all drivers in an accident file claims for losses with their own insurer, regardless of who is at fault. Since insurers have apparently found this to be a profitable system, they have lobbied government to adopt it. Yet, data from the National Association of Insurance Commissioners shows that “no-fault” states have the highest average car insurance premiums and that premiums in “no-fault” states rise nearly 25% faster than states with traditional car insurance. A reason for this is because in “no-fault” states, good drivers are forced to pay for the mistakes of bad drivers. In states like Wisconsin, which have traditional insurance, the burden of high insurance premiums is put on those that have the higher risk of collision. For this and other reasons, the State of Wisconsin Office of the Commissioner of Insurance recently reported that Wisconsin continues to have among the lowest automobile insurance rates in the country.

 

Posted in Automobile | Leave a comment

Americans love their car . . . insurance

Lawrence Solomon
National Post
October 8, 2003

U.S. auto insurance is not only fairer, it’s cheaper, thanks to free enterprise. Politicians and other advocates of state control should keep that in mind.

Throughout North America, advocates call for auto insurance reforms. In Canada, the advocates are mostly provincial politicians fearful of being turfed out of office and the Consumers Association of Canada. They tend to seek lower insurance premiums by limiting choice in insurance providers or curtailing claims paid to consumers.

In the United States, the advocates include everyone from consumer and safety organizations to environmental groups and members of the insurance industry itself. They tend to seek lower premiums by increasing the types of insurance on offer and increasing competition.

Which approach best serves consumers? The U.S. system wins hands down. While Canadians are up in arms over our automobile insurance policies, Americans love theirs: 86% of Americans, a RoperASW survey reports, are very or fairly satisfied with their auto policies.

In the United States, according to the most recent statistics, Americans actually spent, on average, US$718 for auto insurance, while the cost of comprehensive insurance coverage that includes both liability and collision comes to US$817. In Canada, consumers pay far more for their auto insurance, if a recent study by the Consumers Association of Canada is to be believed. This despite the high court awards that U.S. juries hand out and the high wages that Americans earn, both big factors in establishing rates. To take one well-publicized example, the CAC study found that the average premium paid in Ontario was $2,450. Across the border in New York State, one of the very priciest in the United States, the average premium came to US$1,161, according to official U.S. sources. In rural Saskatchewan, where the provincially-owned insurer contributes no taxes to society and accident victims are woefully short-changed, the CAC discovered that premiums nevertheless average $800; across the border, where insurance company taxes provide millions to state coffers and accident victims receive full compensation, auto premiums cost little if anything more.

Comparisons among the many U.S. and the Canadian systems are rough because they reflect dozens of different state and provincial regulatory systems, different driving conditions, different methods of estimating rates, and, importantly, different philosophies. In the name of egalitarianism, for example, Canadian jurisdictions work hard at keeping dangerous drivers on the road. The government-mandated Facility Association operates in six provinces and three territories to provide a generous insurance pool – paid by inflating the rates of good drivers – for the sole purpose of providing insurance to drivers so reckless or incompetent that no private insurer would touch them. In August, Newfoundland announced reforms that include a 65% reduction in rates for young, single males, and a 43% reduction for 70-year-olds – both high-risk groups.

In many U.S. states, the regulatory system more often puts public safety first. In August, New York State increased rates by a whopping 19.7% – but only for the high-risk drivers that had been responsible for raising the rates of everyone. In Florida, insurance companies noticed several years ago that seniors become much greater risks after they turn 70, and began to raise rates accordingly. Earlier this year, an Insurance Institute for Highway Safety report found that those 85 and over have an almost identical rate of property-damage claims as drivers in the 16- to 19-year-old group, leading insurers across the country to begin to raise rates on this risky population.

“The statistics show that much-older drivers have accident rates that rival teenagers. So we have to charge a premium for the risk we are assuming,” said Robert Hartwig, chief economist for the Insurance Information Institute, a nonprofit research group for the insurance industry. Moreover, the trend to higher elder-rates will continue, U.S. researchers say, because the number of elderly people behind the wheel continues to grow. The state of Florida reported more than 200,000 drivers age 85 and older in 1999, a 48% increase over the number four years earlier.

The United States has also kept rates low by largely shunning “no-fault” insurance, an approach that many insurers lobby for in the belief it would raise their profits. In “no-fault” states, good drivers are forced to pay for the mistakes of bad drivers, allowing bad drivers to keep driving, or to drive more than they otherwise would. Statistics from the National Association of Insurance Commissioners show that “no-fault” states have the highest average car insurance premiums and that premiums in “no-fault” states rise nearly 25% faster than states with traditional car insurance. In the more accountable, low-cost states, high premiums force risky drivers to think twice about whether they belong behind the wheel of a car.

Safety aside, U.S. jurisdictions tend to provide better value for money because they better promote competition. The onerous regulations in the District of Columbia, historically one of America’s most expensive insurance jurisdictions, drove insurance companies away until the mid-1990s. Then the government introduced measures to promote competition. Insurers came back, choices in types of coverage increased and premiums dropped. Deregulation in the United States is also allowing new insurance products to take hold, such as the pay-per-mile approach favoured by many environmental groups. Car drivers insured under this scheme have an incentive to drive less and take public transit more: They are rewarded with insurance bills that are typically lower by about 25%.

While rates soar in Canada, they remain stable in the United States – up just 4.6% in 2001, the last year for which national figures are available, despite U.S. jury awards in recent years that are up 73% on average in auto liability cases.

Although the U.S. system promotes safety and accountability, and while competition there provides better value for money, almost no one in Canada argues for anything other than more state ownership or more state control. The Consumers Association of Canada – a misleadingly named organization that receives virtually no funding from the individual Canadian consumers that it claims to represent – rejects competition in favour of government ownership. Canada’s provincial premiers – four provinces already run government-owned systems – are little different: Most are committed to rate freezes or other measures that could force private insurers to leave. Even conservative Ralph Klein of Alberta plans to cut back auto insurance premiums while also capping insurance company profits. The local opposition cheers him on: “We’re strong supporters of free enterprise, but there’s times you have to intervene,” says Social Credit Leader Lavern Ahlstrom. “Insurance would be one of them.” The Insurance Bureau of Canada, in response, warns that its members may leave the province. Should they leave, competition would then weaken and rates would rise.

Public auto insurance, or an overly regulated private industry, makes for a great, short-term insurance policy for unprincipled politicians. The rest of us should steer clear of it.

Lawrence Solomon is executive director of Urban Renaissance Institute. www.urban.probeinternational.org, E-mail: LawrenceSolomon@nextcity.com.
He is also executive director of Consumer Policy Institute. www.c-p-i.org/cpi/index.html.

Related articles:
Killing the industry that saves lives
Kangaroo court
Private insurance saves lives

Posted in Automobile | Leave a comment

The Impact of International Migration and Remittances on Poverty

Richard H. Adams, Jr., and John Page
World Bank
October 1/2003
Remittances – money and goods – that migrants from developing countries send home can reduce poverty in labor-sending countries.
Posted in Immigration | Leave a comment

I am. A composter

Lawrence Solomon
National Post
October 1, 2003

Do you like to compost? Ride public transit? Garden without chemicals? If so, you are deserving of becoming a Canadian, says Citizenship and Immigration Canada, the federal department that decides who’s worthy and who’s not. If you’re not into organic gardening, it makes clear, you don’t meet a basic test of Canadian citizenship.
“As a new Canadian, I promise
to compost all yard and
kitchen waste . . .”

For immigrants to become citizens, they must pass a test that displays their knowledge of the meaning of being Canadian. To help them pass, the government provides a Coles Notes of citizenship, a 45-page booklet entitled A Look at Canada that provides all they need know. “The questions in the citizenship test are based on information provided in this booklet,” it matter-of-factly admits.

What is at Canada’s essential core that our government imparts to newcomers, to awe and inspire them as they take the momentous step of adopting a new land as their own? To the bewilderment of would-be citizens, the booklet explains that Canada is about composting, recycling, planting trees and being environmentally friendly – these four concepts are singled out for memorization in the first chapter’s “Key words” section. The text of the first chapter, which is called “Protecting the Environment – Sustainable Development,” then elaborates on what people need to study in order to become citizens. “All citizens should act in a responsible manner toward the environment so that our children have the opportunity to live in a country that is clean and prosperous,” it states.

The government does its part, too, by fostering a “carefully managed” economy, the booklet explains to our immigrants, many of whom fled controlled economies for the democracy and economic freedom we offer. “The Canadian government is committed to the goal of sustainable development, which means economic growth that is environmentally sound.”

Nothing in this guide to Canadian citizenship celebrates Canada’s history as a British colony, or our role as a Commonwealth country, or our heroism in the First and Second World War – defining attributes of our nationhood. John Cabot, who discovered Canada on behalf of the British Crown, is described only as an Italian explorer. The role of Great Britain and the English, in fact, is trivialized throughout. A Look at Canada explains that the French “were the first Europeans to settle permanently in Canada. Over time, they were joined by settlers from the British Isles and Germany.” The United Empire Loyalists? “They had various ethnic backgrounds, including English, Irish, Scottish, German, Swiss, Dutch, Italian, Jewish and African-American.”

What does the guide stress? Aboriginals, First Nations and the Inuit, followed by farmers, loggers and miners. It persists in the stereotype of Canada as a nation of resource workers, although upwards of 90% of the population depends on the urban economy for its livelihood and the resource economy has all but vanished – resource industries now account for about 6% of Canada’s GDP and almost none of its wealth.

If misleading soon-to-be-Canadians about the nature of the Canadian economy weren’t bad enough, the guide also confuses them as to their rights and responsibilities. Canadians have the right to vote; we do not have the responsibility to vote, as the guide claims. Unlike the totalitarian countries that require citizens to vote, in our democracy we are allowed to boycott an election by not showing up, or to spoil our ballot if we do. Similarly, it is not a responsibility of citizenship to “volunteer to work on an election campaign” or “care for and protect our heritage and environment.”

Worst of all, perhaps, the guide misunderstands the difference between one’s humanity and one’s citizenship. Immigrants do not need a lesson from our federal government about the need to “help your neighbours” or “work with others to solve problems in your community.” Immigrants do these things, as do we all, not because we wish to be good citizens of Canada but because we wish to be good citizens of the world. Our federal government’s arrogance in assuming that it has something to teach us about our responsibility toward one another as human beings is breathtaking.

A Look at Canada is part conceit, part deceit, part distortion. Few Canadians would recognize the country the booklet describes or subscribe to its pap. Through its politically correct portrayal of Canada, it demeans all Canadians by stripping us of our history, our culture, our distinctiveness and our values. Through the charade that it requires of those who would become citizens of our country, it denies the ennobling experience that should be the act of joining Canada.

Lawrence Solomon is executive director of Toronto-based Urban Renaissance Institute. www.urban.probeinternational.org, E-mail: LawrenceSolomon@nextcity.com.


How to become a Canadian citizen

Achieving sustainable development is a long-term goal. Reaching it will require many changes in the way people act. Individuals can do many things in their daily lives to help protect the development and move toward sustainable development. Here are some examples:

  • Throw waste paper or other garbage in designated public garbage containers.
  • Compost, recycle, and re-use as many products as possible, such as paper, glass and cans.
  • Conserve energy and water by turning off lights and taps when they are not being used.
  • Walk, join a car pool, or use a bicycle or public transit whenever possible.
  • Use products that are environmentally friendly.
  • Plant trees and grow a garden. Avoid using chemicals.
  • Get involved with a local group to protect our natural and cultural heritage.Good environmental citizenship means making sure that groups and individuals have the information they need and understand how to use it to take responsible environmental action.

    Excerpted from A Look At Canada, published by Citizenship and Immigration Canada.

Posted in Immigration | Leave a comment

Options for Ontario’s free-market Tories

Lawrence Solomon
National Post
September 17, 2003

Ontario’s Tories are disillusioned. The party of Mike Harris has become, under Harris’s successor, Ernie Eves, a party of Big Government. Many plan to sit out Ontario’s election Oct. 2.

Free-market Tories are right to be revulsed by Eves. He has turned on the spending taps and turned his back on tax cuts. He has trashed an open market in electricity and, if returned to power, promises to trash the auto insurance industry.

The Tories now realize their error 18-months ago in choosing Eves as leader over his principled free-market runner up, Jim Flaherty. Market-oriented Tories can’t replay their 2002 leadership contest but they do have somewhere to turn in the current election. They can give themselves a leader that can do them proud next time by voting out the present Tory government. A vote for the Liberal McGuinty is a vote for the Tory Flaherty.
(Tory) Flaherty

Until the mid-1980s, the Ontario Liberals under leaders such as farmer Bob Nixon were an irrelevant party, out of power for more than four decades and largely confined to a rump rural base. Then the Liberals turned urban, first with Hamilton psychiatrist Stuart Smith and then with London lawyer David Peterson. Political power soon followed, particularly after the Tories replaced retiring premier Bill Davis, a suburbanite with great appeal to urban voters, with his opposite, ruralite Frank Miller.

Today the Tories act as if they’re vying for Bob Nixon’s old rural rump. They sloganeer against immigrants and for capital punishment, ensuring the distaste of urban voters, and promise protection for uncompetitive resource industries to woo a rural base. Under the Tory’s worst plausible scenario, they will retain a rural rump; in their best plausible scenario, they will eke out a victory through some combination of rural and suburban ridings.

Free market Tories should fear Eves’s best scenario. An Eves victory will prove to party hacks that political polls trump political principles, and that the party should stand for expediency, not free markets. But free-market Tories should also welcome a decisive Eves defeat. Soon after being ousted as premier he will be ousted as party leader, with Flaherty the likely successor.

Flaherty, for those who don’t recall, emerged as Ontario’s most prominent privatizer, free marketer and tax cutter two years ago. That made him anathema in some NDP strongholds and resource ridings but respected in Ontario’s populous Golden Horseshoe, which depends on free trade and commerce for its prosperity. Flaherty’s approach to social issues – he combined law and order with middle-of-the-road same-sex and abortion policies – also found favour with Ontario’s urban majority. In hindsight, he was the dream Tory leader, yet spurned by a feckless party that feared he wouldn’t satisfy the electorate’s desire for change. As polls now show, the party got it backwards, and it is Eves who makes the electorate yearn for change.

Should the Liberals under McGuinty come to power, he will soon find his platform impossible to implement successfully. In energy, he has pinned his hopes on nuclear power and on ethanol, fuels too costly to produce in large quantities. Look for shortages and higher prices. In housing, he will tighten rent controls, encouraging developers to do business elsewhere. Look for shortages and disrepair. And in water, where scores of publicly run water and wastewater systems in Ontario routinely fail to comply with safety standards, he expects local municipalities that operate without private sector discipline, expertise or liability to somehow develop the wherewithal to protect the environment and the public from future Walkerton-type scandals. Look for no shortage of scandals but rising costs, with money inefficiently spent on ineffectual solutions.
(Dalton) McGuinty

In all cases, the environment and the economy are likely to suffer, making McGuinty vulnerable to opposition pressure. If the opposition comes from the Flaherty Tories, the Ontario Liberals will lurch toward free market solutions, much as the federal Reform Party forced the Liberals to move rightward in the 1990s. And that will give Ontario’s free-market Tories policies they want under McGuinty that they could never have had under Eves.

Lawrence Solomon is executive director of Urban Renaissance Institute, a division of Energy Probe Research Foundation. http://www.Urban-Renaissance.com, E-mail: LawrenceSolomon@nextcity.com.

Posted in Nation states | Leave a comment