Landlord wins summary judgment due to lease provision

A landlord recently won a summary judgment in spite of tenant's claim she was not provided with working smoke detectors and other equipment in violation of code. Landlord produced a signed copy of lease that contained the following provision by which the tenant acknowledged the presence of working smoke detector/alarm:

"Tenant knows that the apartment being rented has a smoke alarm in proper working order and that it is the Tenant's responsibility to maintain the smoke alarm including replacing the battery when necessary and replacing the smoke alarm if it is stolen, removed, or broken during the Tenant's occupancy."

The court found no proximate cause between the other alleged statutory and regulatory violations and the fire or plaintiff's damages.

Specifying who is responsible for maintaining the smoke detectors and taking care of snow removal from exterior stairs and sidewalks should be specifically addressed in a lease. We highly recommend all landlords have their attorney review their lease agreements to make sure it provides the proper protection.

Lawley Genesee
www.laweygenesee.com

Cell Phone Tickets Now Three Points In NY

On 2/16/11 it became a two point offense under the NY Vehicle and Traffic Law to use a handheld electronic device while driving for the purpose of making telephone calls or sending/receiving text messages or email. http://www.nydmv.state.ny.us/cellphone.htm

On 6/12/11, Gov. Andrew Cuomo signed get-tough legistlation that upgraded the enforcement of the texting while driving law to primary status. This gave law enforcement the power to stop drivers solely for engaging in the use of a hand held device. Until then, it had been a secondary offense and traffic ticket for using a handheld electronic device could only be issued if the car was stopped for a primary offense such as speeding or other traffic violations.

On 10/5/11 the NYS Vehicle and Traffic Law was amended to increase the point value for cell phone and texting violations from two points to three points.

If you haven't figured it out yet - DON'T USE YOUR PHONE WHILE DRIVING IN NYS!!

Don't Forget Your Carbon Monoxide Alarms

More than 400 people are killed each year in the United States from carbon monoxide poisoning, according to the Centers for Disease Control and Prevention (CDC). The American Medical Association reports that carbon monoxide poisoning is the leading cause of accidental poisoning deaths in the United States.
Other CDC studies indicate that more than 20,000 people are hospitalized each year from this gas, and these poisonings are on the rise due in part to economic reasons. With a stressed economy and high unemployment, more families face utility shutoffs. As a result, they employ other sources of heat, such as kerosene heaters, gas generators, and improperly maintained wood stoves and fireplaces. Such heat sources carry a heavy risk of carbon monoxide poisoning.
Carbon monoxide alarms are essential protective devices in homes with gas appliances, gas heaters, and fireplaces. Here are some tips to consider concerning these important alarms.

· To ensure a high-quality alarm, look for the Underwriters Laboratories certificate on any detector you purchase.

· Connect these alarms to the smoke alarm system so that any alarm in the house becomes activated if a problem arises.

· Periodically test these devices according to the manufacturer's instructions. Batteries should be replaced at least once per year. Replacement of the alarm itself is often necessary after a few years since the average life span of carbon monoxide alarms is relatively short.

· Verify that you have alarms in bedrooms and other locations where people may sleep since people who are sleeping can die from carbon monoxide poisoning without experiencing any symptoms.

Copyright 2011International Risk Management Institute, Inc.

Shun Those Cell Phones While Driving

More than 20 percent of injury crashes in the United States involve reports of distracted driving, according to the National Highway Traffic Safety Administration (NHTSA). Of those killed in distracted-driving related accidents, 18 percent involved the usage of a cell phone. Another study indicates that using a cell phone while driving, whether it is a hand-held or hands-free device, delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.

Cell phones, and particularly smart phones, are considered one of the leading driver distractions. As a result, more and more communities are placing restrictions on drivers' use of cell phones. The following tips are offered to motorists with regard to cell phone use in vehicles.

• You should wait until the car trip is complete before placing a call. Your cell phone's voicemail feature should answer a call while you are driving.


• Absolutely essential calls should only be performed while stopped. However, it is not wise to pull over on the side of the road where a rear-end collision is possible. Instead, you should pull into a parking lot to perform this task


• The phone should be placed where it is easy to see and reach.


• You should take advantage of speed-dialing capabilities.


• You should never drive and talk on the cell phone during stressful, emotional, or complex discussions since the risk of an accident is heightened.


• You should consider using a hands-free cellular phone since some studies indicated that these are safer to use.


• You should never text message while driving.

Tips and ideas from IRMI

Warning: License Plate Scanners are here!

License Plate Recognition Scanners a.k.a LPRs are currently in use by many police agencies. These car mounted devices are capable of scanning thousands of plates per hour and work in a 360 degree pattern whether the plate is stationary or travelling up to 70 mph. The police can set their scanners to look for specific parameters such as Just Stolen Cars, Just Expired Registrations, Just Lapsed Insurance or All the above. Their software is updated on a daily basis by the NYS Department of Motor Vehicles and the Department of Homeland Security.

Ordinarily, having these devices in use to catch the Bad Guys is a comforting thought but what if your plate has been flagged by the DMV? In the State of NY, insurance companies are required to report when insurance starts and stops on all registered vehicles. Sometimes information doesn’t match up perfectly causing the computer to think your vehicle is uninsured. Something as minor as an error in a VIN number can cause the DMV to send out a letter and flag a plate. In some cases coverage has actually lapsed due to non-payment of premium. In the past you may have been able to get away with short lapse but beware you might now come out to get your car in the parking lot (or driveway) only to find that it’s been towed away.

A plate that’s been flagged for Lapse of Insurance will cause the scanner to sound an alarm notifying the police officer the car has no insurance. The officer now has probable cause to pull you over and you can be arrested. At the very least, your plates will be confiscated and your car impounded. The paper insurance card you carry in your glove compartment is no longer valid proof of insurance. A problem of this nature will require you appear in court to prove you have corrected the problem with the DMV, possible fines, additional costs at the DMV to retrieve your plates, and another $100 or so in towing fees. Also, depending on where your car was towed, a possible daily storage fee.

From what we’ve been hearing, the police are taking this quite seriously and it’s only going to get worse as technology improves. We urge anyone receiving a letter from the DMV to immediately contact their insurance agent for assistance and not try to resolve the matter themselves.

Don't Become an Auto Theft Victim

Every 30 seconds, a motor vehicle is stolen in the United States. Using Federal Bureau of Investigation statistics, the National Insurance Crime Bureau reports that annual property losses from these thefts are approximately $5 billion. Although technology and aggressive law enforcement actions have lowered the auto theft rate in recent years, you should still be cognizant of this loss exposure. The following tips may prove helpful in reducing the chances that your vehicle or property in it may be stolen.

• When temporarily leaving your vehicle, never leave it running or with the keys in the ignition.


• Always lock your car and roll up the windows, even if it is in your driveway. If you have a garage, park your car in it, and close and lock the garage door.


• Park in busy, well-lit areas.


• When purchasing auto stereo equipment, choose items that can be removed and locked in the trunk.


• When using valet parking or taking your car in for repairs, leave only the ignition key with the attendant.


• Turn your wheels sharply toward the curb when parking since this makes it extra difficult for thieves to tow the vehicle. Always use your emergency brake, and leave the transmission in park or in gear.


• Look into various antitheft devices for your auto. Ask about auto insurance discounts for antitheft devices, including alarms and window etchings.
  

Copyright 2011
International Risk Management Institute, Inc.

Maintain a Robust Credit Score

One factor in determining the premium of a personal auto policy or a homeowners policy has nothing to do with your driving record or claims history—it's your credit record. According to Conning and Company, more than 90 percent of insurers use an insurance applicant's credit history—his or her insurance risk score—to slot him or her into a certain program.

When you apply for auto or homeowners insurance, the insurance company typically asks for permission to pull your credit information. The insurer then secures a credit report from one of the credit bureaus. Credit scores range from 300 to 850. If your score is below 650, you may have trouble getting insurance, or you may have to pay a higher premium. In order to improve your credit score, keep in mind the following factors that influence the score.

Payment history: The largest factor is credit and loan account payment history. A steady record of on-time payments going back several years shows responsibility.

Debts owed: The number of accounts you currently have, including type and balance. Try to have just a few active accounts with low balances.

Length of credit history: The longer your credit history, the better.

New accounts: Every time you apply for a new account, a record of that application appears on your credit report and drops your score. Limit the number of applications you submit.

Balance of accounts: It is best to have between two and six open credit cards and one or two loans.

Negative records: Collections, judgments, and bankruptcy filings will drop your score.