Declarations

August 4, 2008

Reasonable Care

“In short, there is no allegation that any Delta employee failed to exercise reasonable care in the performance of his/her duty in any manner in respect to Flight No. 5191.”

—U.S. District Judge Karl Forester in dismissing Delta Air Lines Inc. from more than 19 pending lawsuits involving a plane crash in Kentucky that killed 49 people on Aug. 27, 2006. Forester said in a 13-page opinion that no Delta employee could be held liable for the crash of Comair Flight 5191. Comair is a subsidiary of Delta, but Delta argued that each has separate management and policies, and employs its own pilots.

European Discussion

“The market for insurance against large scale natural disasters has evolved into a highly competitive marketplace and it is imperative that Florida remains out front as the market continues to evolve. The time for inefficient and potentially obstructive regulation has passed. We remain committed to developing efficient regulation that will stabilize these markets while still ensuring that the promise of available and affordable insurance made to Florida policyholders remains our primary focus.”

—Florida Insurance Commissioner Kevin McCarty speaking as part of Florida delegation including Gov. Charlie Crist who met with Lord Levene, the chairman of Lloyd’s of London. McCarty spoke about the importance of modernizing reinsurance framework and Florida’s leadership role in that capacity.

Hot Tin Roof

The company has just received the lawsuit and looks forward to the opportunity to defend itself in court. The company is confident that its employees acted properly and correctly in performing the roofing work at Jacksonville International Airport.”

—Julie Pace, attorney for Carolina Roofing and RoofUSA, in an e-mail regarding five Florida air traffic controllers who are suing the roofers claiming they lost their jobs after being unable to work because of toxic chemical exposure. The controllers claim two subcontractors on a tower modernization program were using a chemical on the roof that began dripping down on them, their equipment and furniture. More than 30 controllers filed injury reports.

Builders’ Rights

“It is not clear at this point under Georgia law if they (Builders Insurance Group) even have the right to do so. The courts may have to decide.”

—Ed Phillips, executive vice president of Home Builders Association of Georgia, referring to Builders Insurance Group’s dissolution of an exclusive agreement with the association. Builders, HBAG’s mutual captive insurer, formed an additional relationship with Missouri-based Contractor’s Benefit Association. Under Georgia law, mutual captive insurance companies like Builders are required to sell insurance only to members of sponsoring associations, such as HBAG.

Topics Florida Georgia

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Insurance Journal Magazine August 4, 2008
August 4, 2008
Insurance Journal Magazine

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