California Personal Injury and Insurance Blog

California Could Dump Asbestos-Containing State Rock

Serpentine, the state rock of California, faces a “rocky” future, as its role as state rock may soon come to an end. A California lawmaker is proposing that serpentine lose its official state rock status.

 

California named serpentine the state rock in 1965 because it symbolized California during the Gold Rush. Serpentine is plentiful in the same areas in California in which gold was found. It was also named the state rock because it contains a mineral, asbestos, that was used in construction materials, household appliances and other products.

 

However, since 1965, asbestos, which is no longer mined in the U.S., has been found to cause mesothelioma. Mesothelioma is an incurable cancer that has spawned countless personal injury lawsuits, and can be contracted when asbestos fibers are inhaled. Defendants have paid out more than $70 billion in asbestos litigation since lawsuits began, and the average award to a mesothelioma victim is $4 million. About 2,500 Americans die from mesothelioma each year.

 

Opponents of removing serpentine as the state rock point out that few mesothelioma deaths are from exposure to naturally occurring asbestos, such as that contained in serpentine. They also point out that the EPA says that naturally occurring asbestos that remains underground poses no health risk.

 

The state Senate approved the law removing serpentine as official state rock. The Assembly is expected to vote on the measure, but it then must be voted on by the Senate again because it was amended.

Kids in California May be Required to Wear Helmets While Skiing

California may soon become the first state in the country to require children to wear helmets on the ski slopes.

 

SB 880 requires those under 18 to wear helmets while downhill skiing or snowboarding. Parents would be responsible for following SB 880 and would receive a $25 fine if a child is found to be not wearing a helmet on the slopes. The bill passed the California Senate in June and is awaiting a vote in the Assembly.

 

However, SB 880 is tied to another bill, AB 1652, which in its current form requires ski resorts to educate their patrons about helmet safety, prepare an annual safety plan, and create monthly accident reports. If one of the bills fails to pass, neither will pass. The bills are expected to be voted on by August 31, before the Legislature adjourns for the year.

 

According to a study by the U.S. Consumer Product Safety Commission, more than half of all deaths on the ski slopes every year are due to head injuries. The study found that more than 7,000 head and brain injuries that occur on the slopes could be prevented each year with the use of helmets. Currently, the highest percentage of helmet wearers are children. Approximately 57 percent of all skiers and snowboarders wear helmets.

New Insurance Pool for High-Risk Californians Created

At the end of June, Govhigh-risk individualsernor Schwarzenegger signed two bills that create insurance pools for  who have been denied insurance due to pre-existing conditions. The program is restricted to individuals who have been without health insurance for at least six months.

 

The program will receive about $761 million in federal funding but will be run by the state. It is expected to provide approximately 25,000 to 30,000 Californians obtain health insurance. Currently, about 250,000 Californians have been denied insurance coverage because of pre-existing health care problems.

 

The high-risk is designed to provide health insurance for high-risk individuals until 2014, when insurers will be prevented from denying health insurance to adults with pre-existing conditions. Beginning in September, insurers will no longer be able to deny health insurance coverage to children with pre-existing conditions.

 

The new insurance pool will be operated by California’s Managed Risk Medical Insurance Board. The Board has begun taking names of individuals interested in the program, although it hasn’t yet designed the insurance applications or the policies. The applications are expected to be available within a month.  To learn more about the insurance pools or to request an application, visit http://www.mrmib.ca.gov/.

Keep Safe While Biking this Summer

Some tragic bicycling accidents in California this summer have highlighted the need for bicyclists and motorists to exercise extra caution when sharing the road. Last month, a sailor riding a bicycle on Camp Pendleton was struck by a car and killed. This week, a bicyclist in Lodi was struck by a motorcycle and killed.

 

The California Department of Motor Vehicles reports that each year over 100 Californians are killed and hundreds of thousands more are injured in bicycle collisions. The DMV recommends that four basic safety tips be followed in order to avoid collisions:

 

• Maintain control of the bicycle. This includes making sure your bicycle is properly fitted to your frame, which makes it easier to drive. Also, never operate a bicycle if you are under the influence of alcohol or drugs.

 

• Protect yourself. Wear a helmet!! Under California law, individuals under 18 are required to wear a helmet while riding a bicycle on a public road.

 

• Be visible, alert, and communicate your intentions. Keep alert for the actions of other drivers while biking. Be ready to stop or take evasive action if necessary. Signal before making turns or changing lanes. Make sure that you are visible by wearing light or brightly colored clothes. California law also requires bicyclists to use lights or reflectors when biking at night.

 

• Ride with traffic. Ride in the same direction as traffic next to you. Ride on the right, but not so far that you could hit the curb, which could cause you to lose your balance.

California Insurance Commissioner to Review Rate Increases

The California Department of Insurance announced that it will be reviewing plans for rate increases for individual health insurance policies for its four largest individual policy providers: Anthem Blue Cross, Aetna, Health Net, and Blue Shield of California. The review will only occur for policies that are purchased by individuals, not by employers or Medicare.

 

Currently, California law requires 70 percent of all health insurance premiums paid to be spent on medical benefits. Anthem announced plans in February to raise rates on its individual policy holders by up to 39 percent.

 

However, an analysis found errors in Anthem’s proposal which meant that after the raise in premiums, Anthem would be spending less than 70 percent of premiums on benefits. Anthem withdrew the proposal and will resubmit its rate hikes. Blue Shield wants rate hikes of 18 percent, and Aetna wants a 19 percent raise in rates.

 

The Department of Insurance appointed an independent actuary to review the companies to make sure they are following state insurance laws when raising rates. Aetna and Blue Shield are being reviewed now. Anthem Blue Cross and Health Net will face reviews in the future.

To Purchase or Not to Purchase Travel Insurance This Summer?

The New York Times had an excellent article this week about travel insurance. A few decades, travel insurance was obscure. However, this summer travelers have been inundated with a variety of problems around the world that could result in a ruined vacation:  volcanic ash; civil unrest in Thailand and Greece; and an oil spill on the Gulf Coast. In addition, weather forecasters are predicting a record hurricane season. But will travel insurance reimburse you for lost airfare and hotel fees because of volcanic ash, civil unrest, ruined beaches and hurricanes?

 

The article recommends you identify your concerns about the trip before deciding on which type of coverage to purchase. Are you worried about yourself or a family member getting sick (this is especially true for parents of young children)? Are you worried about weather events cancelling the trip? Study the policy carefully to ensure that it covers your particular concerns.

 

According to the Times, some recent events would be covered and some wouldn’t. Oil spills are not covered. Hurricanes are covered as weather events, but the insurance must be bought before the storm is named, and your destination must be uninhabitable or your flight unable to leave. Travel problems due to civil unrest are not covered, unless the disruption is because of a terrorist attack.

 

If your particular worries are not addressed by the type of travel insurance you are considering, you may wish to purchase a policy that allows you to cancel for any reason, even though it will likely be more expensive.

Possible Changes in Rules for Pet Insurance Companies in California

Most people are familiar with health insurance, life insurance, disability insurance, and long-term care insurance, among other forms of insurance. However, although 62 percent of Americans own at least one pet, most don’t consider purchasing insurance for their pets.

 

California is currently considering a type of health insurance reform for companies that provide insurance for pets. A bill passed in the Assembly last week that would require pet insurance policies to explain, on the main page of its website, any company policy that would limit coverage, including coverage limits, benefit schedules, and other limitations.

 

Pet insurers will also be required under the bill to make it clear whether they deny coverage based on preexisting conditions. The bill provides that pet insurance will come under the authority of the California Department of Insurance, so that complaints about each insurance company can be viewed on the Department of Insurance’s website. 

 

The bill was sponsored by Dave Jones, who was encouraged to do something by pet owners who were under the impression their pet insurance would cover 80% of veterinary bills, but in fact covered far less. Since 2000, average veterinary costs have risen 70%, prompting more pet owners to purchase pet insurance.

By the way, this is Dave Jones thinly veiled effort to make it look like he has some concept about insurance as he runs for Insurance Commissioner.

 

The bill now moves to the Senate. You can read more about the bill here.

California Program Offers Low Cost Auto Insurance for Low Income Families

Last weekend, the L.A. Times published this article about a state program that helps provide low-income Californians with auto insurance at a reduced cost.

 

The article pointed out that there are estimated to be millions of California drivers without auto insurance, and the number is growing because of the bad economy. It’s almost impossible to estimate exactly the number of California drivers without insurance, but a 2008 report by the insurance industry estimated about 18% of California drivers at that time did not carry insurance. In addition, since 2008, the unemployment rate in California has more than doubled, so the number of uninsured has most likely risen significantly as families have been forced to choose which expenses to cut.

 

A lot of drivers are tempted to drop insurance when times get tough. However, getting caught without coverage can result in hundreds of dollars of fines and getting your vehicle impounded.

 

Many drivers are not aware of a program run by the California Department of Insurance that provides liability coverage for about $400 per year. The California Low Cost Auto Insurance program helps families of four making less than $55,125 per year or individuals making less than $27,075. You can learn more about the program by clicking here or by calling 866-602-8861.

New California Organization Created to Certify Safety of Consumer Products

According to the Wall Street Journal, a new nonprofit institute, Green Products Innovation Institute, has recently been formed to help establish product safety standards to be used by California’s regulators. The regulators will use these standards when enforcing a California law that requires state manufacturers to find safer ways to manufacture consumer products.

 

The law was passed in 2008, and will begin being enforced in 2011. The work of the Institute is based on “Cradle-to-Cradle” principles that were designed in 1995 by an architect and a chemist. The principles illuminate ways that products can be redesigned so that they end up becoming recyclable instead of pollutants. The institute is aiming to serve as a clearinghouse for chemicals in the state and hopes to advance a seal of approval to be used in manufacturing. 

 

However, the Cradle to Cradle process takes so much time to put into practice that some companies who have been trying for years still haven’t completely transitioned their product lines. One problem is that safer alternative materials are not always readily available. The Institute hopes to collaborate with manufacturers and retailers to identify sources of safe raw materials and manufacturing techniques.

 

Governor Schwarzenegger hopes the certification process will lead to fewer carcinogens and other hazardous substances being present in consumer products, including toys, skin lotions, and candy.  The Governor acknowledged that over 600 wells in California are contaminated, primarily due to decomposing plastic products.

Avoiding Injuries at Amusement Parks

Last month, a state investigation into a 2009 roller coaster accident at Knott’s Berry Farm that injured two riders has concluded that the accident could have been prevented with proper maintenance. The accident was captured by a video camera and shows a cable snapping loose on the coaster’s zero to 80 m.p.h. launch. The coaster descended back towards the station, sending passengers scrambling to get off. 

 

Cal/OSHA blames both the theme park and the roller coaster manufacturer. The state found that the manufacturer’s maintenance manual for the ride was unclear as to whether the cable that snapped should be inspected monthly or every six months. Knott’s was at fault because it was 19 days late on the six-month inspection of the cable at the time of the accident. Although this accident was the fault of the amusement park and the coaster manufacturer, amusement park owners say most injuries that occur on rides are the fault of the passengers.

 

So how do you keep your family safe on roller coasters this summer? According to saferparks.org, the majority of accidents involving amusement park rides involve kids. Saferparks.org recommends the following tips to help make amusement park rides safer for your child:

 

• Always obey height, age, weight and health restrictions.
• Don’t put children on rides they are scared of. Younger children frequently will attempt to get off the ride.
• Be aware of the limitations of the ride’s safety equipment, including the lap bars.
• Watch all extremities.
• Watch the ride with your child before boarding.
• Be cautious when choosing rides for your child.

 

Stay safe this summer!