Thursday, November 11, 2010
2:00 PM - 3:00 PM Central
Join us for a stimulating conversation with Richard Boykin, Partner, Barnes & Thornburg LLP. Richard spoke at our Executive and Legal Summit Sept 2010 on the Mid-Term Election Outlook.
Richard is a dynamic speaker who has his finger on the pulse in Washington.
Hear what Richard R. Boykin has to say about the balance of power in D.C.
Have your questions ready for a Q & A session following the presentation.
REGISTER HERE
Richard R. Boykin is a partner in the Chicago and Washington, D.C. offices of Barnes & Thornburg LLP, where he advises clients on government relations and legal matters. He concentrates his practice on the representation of significant institutions headquartered in the Midwest before federal legislative and executive institutions in Washington, D.C., and before units of state and local government in Illinois and Indiana. His experience includes appropriations, postal, health care, education, telecommunications, government reform and oversight, workforce education and small business legislative and executive policy.
You will receive access information once you register. Thank you.
If you have any questions, please contact Cecilia Luck at (651) 289-9600, ext. 118 or cecilia@midwestenergy.org.
Monday, November 8, 2010
Friday, November 5, 2010
Preview of new "MISS DIG Law"
Preview of new "MISS DIG Law"
Recently, representatives from several DPA's attended a meeting of the Michigan Damage Prevention Board. The meeting provided info on the updated MISS DIG Law, currently known as PA 53 of 1974.A lot of hard work and time has gone into shaping this proposed legislation. Feel free to look over this draft (below) of the new law and submit any feedback to MISS DIG by November 19.Eric Urbain - eurbain@missdig.orgBob Suits - rsuits@missdig.org
Thursday, November 4, 2010
Key Steps in Filing Business Insurance Claims
If you know the right insider tips in any industry, your business is bound to benefit. And while I might not be able to give you your competitor's marketing plan for the next year or predict exactly when the next construction boom will hit, there is some insider information I can share with you about the initial steps your business should take when faced with the (usually dreaded) situation where you have to dust off and use your insurance. Working for years in a law firm that caters to both business clients and insurance companies, I know that, much like a seasoned football coach, the insurance companies have a predictable playbook when reviewing insurance claims. I also know that there are certain steps you should follow to avoid falling into the most common traps that can leave you without coverage for your loss.
1. Don't Wait. The day you learn of damage your business has suffered or of a potential claim being made against you, whether from an employee, contractor, or any other source, should be the day you put your insurance company on notice that you might need to use your coverage. The longer you wait to notify your insurance company, you give your insurance company more leverage to deny payment. I know there are a number of business decisions that must be made in regard to filing an insurance claim - like whether a claim would cause future premium increases or whether the economics of the deductible make the claim worthwhile - but you cannot allow those considerations to delay your contact with the insurance company. You can always withdraw your claim prior to the insurance company;s payment, and you simply don't want to put your business in the position where it needs coverage that is ultimately denied because you waited too long to send your notice.
2. Read your policy. If your business is like most, your insurance agent has sold you a number of insurances policies, and each policy provides you coverage for different types of damage or loss. That means that in the event you have to make an insurance claim, you need to figure out which of your insurance companies provides the coverage you need for the specific loss you face. While this won't be the most popular advice, the best way you can truly make the determination as to which insurance company you need to involve is to read your policies. The "definitions" and "coverage" sections will give you a snapshot of the coverage available under a specific policy, but your careful review of all the policy provisions will also outline your other obligations to successfully present your claim. Your agent and your attorney can assist in this review, but often there is no substitute for reading and understanding the coverage limits and requirements yourself.
3. Preserve all documents and evidence. Regardless of the type of claim you need to make, and whether you have photographs of damage, witness statements, or electronic documents, one of your immediate (and ongoing) obligation is to make sure that all documents and evidence relating in any way to your loss are preserved. The insurance company will usually not hesitate to deny your claim if you cannot review the matter for itself through preserve evidence.
4. Keep your business going. Even though your attention is diverted and inconvenience abounds when you have to start the process of filing an insurance claim, one of your other key obligations is to make sure the loss your business suffers does not get any worse. To the extent you can work around the problem and continue with business as usual, you should. Your insurance company will start to reduce or deny your claim if you do not make your best effort to minimize damage and get back to doing what you know best, even if only in a reduced or modified way.
If you keep these four key steps in mind when faced with the unenviable task of filing and insurance claim, you will have the insider's insight to eliminating common obstacles to getting your insurance company's full help.
By: Heather Marx, Partner with the national law firm of Hinshaw & Culbertson, LLP.
Source: Damage Prevention PROfessional Magazine (free subscription- print or online)
1. Don't Wait. The day you learn of damage your business has suffered or of a potential claim being made against you, whether from an employee, contractor, or any other source, should be the day you put your insurance company on notice that you might need to use your coverage. The longer you wait to notify your insurance company, you give your insurance company more leverage to deny payment. I know there are a number of business decisions that must be made in regard to filing an insurance claim - like whether a claim would cause future premium increases or whether the economics of the deductible make the claim worthwhile - but you cannot allow those considerations to delay your contact with the insurance company. You can always withdraw your claim prior to the insurance company;s payment, and you simply don't want to put your business in the position where it needs coverage that is ultimately denied because you waited too long to send your notice.
2. Read your policy. If your business is like most, your insurance agent has sold you a number of insurances policies, and each policy provides you coverage for different types of damage or loss. That means that in the event you have to make an insurance claim, you need to figure out which of your insurance companies provides the coverage you need for the specific loss you face. While this won't be the most popular advice, the best way you can truly make the determination as to which insurance company you need to involve is to read your policies. The "definitions" and "coverage" sections will give you a snapshot of the coverage available under a specific policy, but your careful review of all the policy provisions will also outline your other obligations to successfully present your claim. Your agent and your attorney can assist in this review, but often there is no substitute for reading and understanding the coverage limits and requirements yourself.
3. Preserve all documents and evidence. Regardless of the type of claim you need to make, and whether you have photographs of damage, witness statements, or electronic documents, one of your immediate (and ongoing) obligation is to make sure that all documents and evidence relating in any way to your loss are preserved. The insurance company will usually not hesitate to deny your claim if you cannot review the matter for itself through preserve evidence.
4. Keep your business going. Even though your attention is diverted and inconvenience abounds when you have to start the process of filing an insurance claim, one of your other key obligations is to make sure the loss your business suffers does not get any worse. To the extent you can work around the problem and continue with business as usual, you should. Your insurance company will start to reduce or deny your claim if you do not make your best effort to minimize damage and get back to doing what you know best, even if only in a reduced or modified way.
If you keep these four key steps in mind when faced with the unenviable task of filing and insurance claim, you will have the insider's insight to eliminating common obstacles to getting your insurance company's full help.
By: Heather Marx, Partner with the national law firm of Hinshaw & Culbertson, LLP.
Source: Damage Prevention PROfessional Magazine (free subscription- print or online)
Monday, November 1, 2010
Q: Is it illegal to remove pipeline markers?
-John Trimble, Sector
A: Out of sight, out of mind. The vast majority of America's 2.5 million miles of energy pipelines are underground, causing them to be vulnerable to accidental breaches and failures as a result of digging and excavation practices. As a way to avoid accidental contact with pipelines, markers are used to provide these valuable resources, and the companies that operate them, a sense of presence in the open environment and serve as a warning to others that a dangerous utility is in the vicinity.
The Pipeline and Hazardous Materials Safety Administration (PHMSA) requires operators to ensure their pipeline rights-of-way are properly marked and identified for a variety of reasons, including to save lives and to ensure proper excavation practices are conducted in the pipeline's vicinity. In the absence of a marker, excavation activities in the area of pipeline right-of-way can have tragic consequences. Occasionally, PHMSA is notified when pipeline markers are illegally removed, causing a once easily identifiable right-of-way to look similar to other surrounding landscapes.
So why would someone want to remove a pipeline marker from the ground? PHMSA inspectors have encountered a number of reasons including homeowners or realtors attempting to sell homes adjacent to pipeline easements, developers looking to build on land in the area of a pipeline right-of-way, or disgruntled landowners unhappy with markers near their properties. No matter the reason behind it, removing a pipeline marker is AGAINST THE LAW. Anyone found guilty of knowingly and willfully defacing, damaging, removing, or destroying a pipeline sign or right-of-way marker can be fined, receive imprisonment for up to one year or both.
PHMSA asks you to protect yourself and others. If you observe anyone removing a pipeline marker without an operator's permission, remind them they are breaking the law. In addition, operators experiencing chronic problems with individuals removing their markers should contact their state program manager or regional PHMSA pipeline safety office to discuss ways to resolve the problem.
Remember, before digging in the vicinity of a pipeline marker, all excavators, including the general public, should call their State One-Call Center to ensure any underground facilities are accurately marked. Pipeline markers indicate only the presence of a pipeline and cannot be relied upon to determine its exact location. Additionally, there may be multiple pipelines located in the same right-of-way.
The One-Call process is designed to protect both people and property and calling 811 will connect you with appropriate One-Call Center. So Call Before You Dig - IT'S THE LAW.
-Damon A. Hill, Spokesman
Office of Government, International and Public Affairs
Pipeline and Hazardous Materials Safety Administration (PHMSA)
U.S. Dept. of Transportation
damon.hill@dot.gov
A: Out of sight, out of mind. The vast majority of America's 2.5 million miles of energy pipelines are underground, causing them to be vulnerable to accidental breaches and failures as a result of digging and excavation practices. As a way to avoid accidental contact with pipelines, markers are used to provide these valuable resources, and the companies that operate them, a sense of presence in the open environment and serve as a warning to others that a dangerous utility is in the vicinity.
The Pipeline and Hazardous Materials Safety Administration (PHMSA) requires operators to ensure their pipeline rights-of-way are properly marked and identified for a variety of reasons, including to save lives and to ensure proper excavation practices are conducted in the pipeline's vicinity. In the absence of a marker, excavation activities in the area of pipeline right-of-way can have tragic consequences. Occasionally, PHMSA is notified when pipeline markers are illegally removed, causing a once easily identifiable right-of-way to look similar to other surrounding landscapes.
So why would someone want to remove a pipeline marker from the ground? PHMSA inspectors have encountered a number of reasons including homeowners or realtors attempting to sell homes adjacent to pipeline easements, developers looking to build on land in the area of a pipeline right-of-way, or disgruntled landowners unhappy with markers near their properties. No matter the reason behind it, removing a pipeline marker is AGAINST THE LAW. Anyone found guilty of knowingly and willfully defacing, damaging, removing, or destroying a pipeline sign or right-of-way marker can be fined, receive imprisonment for up to one year or both.
PHMSA asks you to protect yourself and others. If you observe anyone removing a pipeline marker without an operator's permission, remind them they are breaking the law. In addition, operators experiencing chronic problems with individuals removing their markers should contact their state program manager or regional PHMSA pipeline safety office to discuss ways to resolve the problem.
Remember, before digging in the vicinity of a pipeline marker, all excavators, including the general public, should call their State One-Call Center to ensure any underground facilities are accurately marked. Pipeline markers indicate only the presence of a pipeline and cannot be relied upon to determine its exact location. Additionally, there may be multiple pipelines located in the same right-of-way.
The One-Call process is designed to protect both people and property and calling 811 will connect you with appropriate One-Call Center. So Call Before You Dig - IT'S THE LAW.
-Damon A. Hill, Spokesman
Office of Government, International and Public Affairs
Pipeline and Hazardous Materials Safety Administration (PHMSA)
U.S. Dept. of Transportation
damon.hill@dot.gov
Thursday, October 28, 2010
JULIE Partnership with White Sox Hits a Home Run
"The one constant through all the years has been baseball. America has rolled by like an army of steamrollers. It's been erased like a blackboard, rebuilt, and erased again. But baseball has marked the time. This field, this game, it's part of our past. It reminds us of all that once was good, and what could be again. Oh... people will come. People will most definitely come."
--Excerpt of quote from James Earl Jones in Field of Dreams
One August 11, with the Chicago White Sox and Minnesota Twins fighting for first place in the American League Central Division, people "most definitely" came to U.S. Cellular field in Chicago to watch two of the most exciting teams in baseball this season. With more than 35,000 fans in attendance, JULIE's 8-1-1 public service announcements and safe digging messages appeared on the centerfield Video Board and left field Matrix Board.
Prior to the 8/11 Day game, JULIE Executive Director Mark Frost, along with members of the Board of Directors and staff, posed for an on-field photo with Southpaw, the popular mascot for the White Sox, holding a shovel. JULIE staff also distributed eco-friendly flower seed packets and 8-1-1 safe digging information in the centerfield concourse are to fans. Information on the packets encouraged fans to "Play it Safe this Season" and included the JULIE and White Sox logos along with a reminder to call 8-1-1. As part of a national Common Ground Alliance (CGA) initiative, August 11 served as a natural reminder for excavators and the general public to call 8-1-1 prior to digging.
In a statewide survey of Illinois residents who indicated that they had done a recent digging project, more than 60 percent of residents were most likely to watch or attend baseball games on a regular basis as part of their leisure activities (ranked second only to football). With this in mind, during 11 home games in April to coincide with National Safe Digging Month and three additional dates during the season, JULIE's "Call 8-1-1 Before You Dig" message was posted on the centerfield Video and left field Matrix boards at the ballpark.
"As part of an annual process, we review out education and safety campaign and consider all opportunities to reach our target audiences throughout the state of Illinois," said Mark A. Frost, Executive Director of JULIE, Inc. "The White Sox are a first-class organization committed to helping us promote our safety message and we appreciate their commitment to our not-for-profit mission. With a growing national trend of homeowners focusing on outdoor beautification and home improvement projects instead of selling their homes, this strategic partnership provided JULIE with a new platform for our proactive outreach efforts."
Fans joined JULIE and the White Sox for an Earth Day/Weekend Celebration event on April 22-24 and during games on May 6, August 11 and October 1. The White Sox offered specially priced tickets to all JULIE, Inc. employees and friends. More than 800 tickets were purchased by fans through this opportunity.
"Due to these types of creative efforts, our call volume in August increased more than 7 percent compared to the same month last year," Frost continued. "We are very proud of our successful campaign with the White Sox organization and look forward to potentially expanding this partnership next year." In addition, on August 11, more than 63 million visitors came to Web sites where JULIE's "Call 8-11 Before You Dig" message was placed via a JULIE statewide news release. Sites included AOL, Yahoo, Finance, Construction Journal, Earth Times, Daily Herald, Chicago Tribune, PJStar, Quad Cities Online, WAND-TV (Peoria), WGEM-TV (Quincy), WHBF-TV (Quad Cities), WLS-TV (Chicago), WREX-TV (Rockford) and the Rockford Register Star.
Based in Joliet, JULIE, Inc. is a not-for-profit organization committed to promoting the importance of notifying the one-call center and safe-digging practices across Illinois. Since its inception in 1974, JULIE has logged over 22 million calls and its annual call volume of 1 million makes it once of the largest industry one-call systems in the United States. More than 40 percent of notifications are entered online by professional excavators and homeowners through Remote Ticket Entry and E-Request. Currently JULIE has more than 1,780 member. For more information please visit here.
And now back to the game... for those fans that attended the August 11 game, John Danks pitched eight sharp innings and the White Sox beat Minnesota 6-1 to move back into first-place tie with the Twins in the American League Central Division. Go-Go White Sox!
By: Kevin Chmura
Source: Damage Prevention PROfessional (free subscription)
--Excerpt of quote from James Earl Jones in Field of Dreams
One August 11, with the Chicago White Sox and Minnesota Twins fighting for first place in the American League Central Division, people "most definitely" came to U.S. Cellular field in Chicago to watch two of the most exciting teams in baseball this season. With more than 35,000 fans in attendance, JULIE's 8-1-1 public service announcements and safe digging messages appeared on the centerfield Video Board and left field Matrix Board.
Prior to the 8/11 Day game, JULIE Executive Director Mark Frost, along with members of the Board of Directors and staff, posed for an on-field photo with Southpaw, the popular mascot for the White Sox, holding a shovel. JULIE staff also distributed eco-friendly flower seed packets and 8-1-1 safe digging information in the centerfield concourse are to fans. Information on the packets encouraged fans to "Play it Safe this Season" and included the JULIE and White Sox logos along with a reminder to call 8-1-1. As part of a national Common Ground Alliance (CGA) initiative, August 11 served as a natural reminder for excavators and the general public to call 8-1-1 prior to digging.
In a statewide survey of Illinois residents who indicated that they had done a recent digging project, more than 60 percent of residents were most likely to watch or attend baseball games on a regular basis as part of their leisure activities (ranked second only to football). With this in mind, during 11 home games in April to coincide with National Safe Digging Month and three additional dates during the season, JULIE's "Call 8-1-1 Before You Dig" message was posted on the centerfield Video and left field Matrix boards at the ballpark.
"As part of an annual process, we review out education and safety campaign and consider all opportunities to reach our target audiences throughout the state of Illinois," said Mark A. Frost, Executive Director of JULIE, Inc. "The White Sox are a first-class organization committed to helping us promote our safety message and we appreciate their commitment to our not-for-profit mission. With a growing national trend of homeowners focusing on outdoor beautification and home improvement projects instead of selling their homes, this strategic partnership provided JULIE with a new platform for our proactive outreach efforts."
Fans joined JULIE and the White Sox for an Earth Day/Weekend Celebration event on April 22-24 and during games on May 6, August 11 and October 1. The White Sox offered specially priced tickets to all JULIE, Inc. employees and friends. More than 800 tickets were purchased by fans through this opportunity.
"Due to these types of creative efforts, our call volume in August increased more than 7 percent compared to the same month last year," Frost continued. "We are very proud of our successful campaign with the White Sox organization and look forward to potentially expanding this partnership next year." In addition, on August 11, more than 63 million visitors came to Web sites where JULIE's "Call 8-11 Before You Dig" message was placed via a JULIE statewide news release. Sites included AOL, Yahoo, Finance, Construction Journal, Earth Times, Daily Herald, Chicago Tribune, PJStar, Quad Cities Online, WAND-TV (Peoria), WGEM-TV (Quincy), WHBF-TV (Quad Cities), WLS-TV (Chicago), WREX-TV (Rockford) and the Rockford Register Star.
Based in Joliet, JULIE, Inc. is a not-for-profit organization committed to promoting the importance of notifying the one-call center and safe-digging practices across Illinois. Since its inception in 1974, JULIE has logged over 22 million calls and its annual call volume of 1 million makes it once of the largest industry one-call systems in the United States. More than 40 percent of notifications are entered online by professional excavators and homeowners through Remote Ticket Entry and E-Request. Currently JULIE has more than 1,780 member. For more information please visit here.
And now back to the game... for those fans that attended the August 11 game, John Danks pitched eight sharp innings and the White Sox beat Minnesota 6-1 to move back into first-place tie with the Twins in the American League Central Division. Go-Go White Sox!
By: Kevin Chmura
Source: Damage Prevention PROfessional (free subscription)
New Common Ground Iowa Video Previews on YouTube
View a 60-second preview of the DVD Common Ground Iowa is currently producing. The project will have eight chapters that cover home-owners, farmers, professional excavators, Iowa One Call and more. Watch for the entire video in Fall 2010. Check it out here.
Source: Damage Prevention PROfessional magazine (free subscription here).
Source: Damage Prevention PROfessional magazine (free subscription here).
Pipeline Safety Public Awareness and Education
The Subcommittee on Railroads, Pipelines, and Hazardous Materials met in July, 2010, to receive testimony on pipeline safety public awareness and education programs. The hearing is the fourth in a series of hearings that the Subcommittee will conduct on pipeline safety. CGA President, Bob Kipp, provided testimony. The written testimony can be retrieved by clicking the Bob Kipp segment. Visit here.
Source: Damage Prevention PROfessional magazine (free subscription here
).
Source: Damage Prevention PROfessional magazine (free subscription here
).
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