Firm News | Szilagyi & Daly https://www.sdctlawfirm.com Hartford Insurance Defense Mon, 13 Apr 2020 20:09:09 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.1 /wp-content/uploads/sites/327/2019/03/cropped-favicon-2-32x32.jpg Firm News | Szilagyi & Daly https://www.sdctlawfirm.com 32 32 3 ways for landlords to help prevent housing discrimination claims https://www.sdctlawfirm.com/blog/2020/04/3-ways-for-landlords-to-help-prevent-housing-discrimination-claims/ Mon, 13 Apr 2020 19:00:01 +0000 https://3220801.findlaw1.flsitebuilder.com/?p=49991 Did a prospective, current or former tenant file a housing discrimination claim against you or your company? If you have received a discrimination complaint, you must take it seriously. After all, you may have to pay a hefty fine if a violation is found.

However, what can you do now to help prevent a claim from arising in the first place? Here are three steps landlords can take to help prevent housing discrimination claims:

Know how to identify protected classes

Most landlords have an obligation not to discriminate against renters. For a valid housing discrimination claim, though, individuals usually must be members of a protected class. The Fair Housing Act, for example, forbids discrimination based on any of the following:

  • Race, color or national origin
  • Religion
  • Sex
  • Family status
  • Disability

Recognizing these protected classes is the first step in avoiding a housing discrimination claim. Put simply, do not base any of your decisions as a landlord on these characteristics. You must also provide proper training for your staff regarding housing protections. If they violate the rules, the liability lands on you.  State law may provide additional protected classes in addition to those under federal law.

Document your actions and rental decisions

While you cannot take adverse housing action because of a person’s protected characteristics, you do not have to rent to everyone. On the contrary, many rental rejections are perfectly valid. Here are some reasons that may be acceptable:

  • Prior evictions
  • Bad credit
  • Poor references
  • Animal ownership

To protect yourself, always document your reasons for denying housing to an individual, family or business. Your detailed records may provide you with evidence should someone file an action against you. If you are unsure, consult with an attorney.

Limit your contact with the complainant if a claim is filed

If, despite your best efforts, you have received a discrimination complaint, it is important to stop talking to the complainant. It is better to say nothing at all than to have your words used against you. Instead, contact legal counsel for assistance if a claim was filed. Better yet, learn how you can help prevent potential discrimination actions in the first place.

Housing discrimination claims have the potential to be quite serious. Therefore, you should never ignore a complaint, even if it seems frivolous. You also should not panic. Remember, with a bit of effort, you may be able to minimize your legal exposure.

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5 areas where the coronavirus could affect insurers https://www.sdctlawfirm.com/blog/2020/03/5-areas-where-the-coronavirus-could-affect-insurers/ Tue, 17 Mar 2020 19:35:00 +0000 https://3220801.findlaw1.flsitebuilder.com/?p=49973 After SARS, many insurers were caught holding the bag on unavoidable losses. Since then, most companies have updated their policies to make clear that a viral outbreak should be considered force majeure, or an “act of God.” Force majeure serves to preclude coverage in most cases.

However, some insurers will still have policies that need to take coronavirus into account. Some may see large losses, while others may actually see new business. Here are five areas where insurers could see an impact from the virus:

The 2003 SARS outbreak increased business for health insurance companies as more people sought coverage, especially in Asia. A company like Prudential Plc could stand to benefit, as it did in the first nine months of 2003, when it saw a 17% increase in new business. Moreover, insurers in Asia may see some help from the government, according to a recent Moody’s note.

Events insurance may see some losses as more and more events are canceled due to the virus. “The largest event taking place is the Tokyo Olympics in July 2020. Industry experts anticipate coverage of approximately $2 billion for this event,” reads a recent Fitch Ratings note.

“With conferences and sporting events,” notes a Morningstar analyst, “generally, you’ve got tight windows and, if you miss them, that could be the end of it for a year or two.”

Travel insurance companies could take a hit, but it’s unlikely to be a big one. Most losses caused by epidemics are excluded unless the traveler took out additional disruption coverage. However, Allianz and AXA SA, at the least, have temporarily waived that condition for certain claims.

Credit insurance providers could see a potentially large impact from the coronavirus, especially if the outbreak continues for some time. Credit insurance provides coverage to companies when the firms they do business with end up failing, and that could happen if the outbreak lasts long enough.

If there’s a major pandemic, reinsurance could take significant losses. However, many clients don’t have pandemic risk covered by their reinsurance policies. Munich Re notes that it has about $556 million exposed to contingency losses. However, it sees its overall risk as limited as long as the pandemic doesn’t get too bad.

Overall, insurers’ greatest financial risk could come from falling markets. The coronavirus has created upheaval across the markets and could contribute to a major economic slowdown. That could have a negative effect on business volumes and profitability.

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Best ways to avoid fire safety code violations https://www.sdctlawfirm.com/blog/2019/11/best-ways-to-avoid-fire-safety-code-violations/ Thu, 14 Nov 2019 21:27:07 +0000 https://3220801.findlaw1.flsitebuilder.com/?p=49926 Whether you rent your buildings for other businesses to use or operate your own company within a structure that you own, knowing how to properly maintain real estate is vital if you intend on keeping your clients or employees safe and avoiding a lawsuit or insurance claim.

If you have renters, be sure the fire marshal makes routine visits to inspect the details you may not be familiar with when it comes to fire safety and local building codes.

How accessible is the building for the fire department?

If the fire department had to visit your building, they must be able to easily locate it and enter. Be sure:

  • Fire lanes are clear in the parking lot or in front of the building
  • The address is easy to see from the street
  • Fire hydrants, if applicable, are visible and accessible
  • You have a key storage area that firefighters can access if needed during off-hours

Are indoor fire safety features functional?

The fire marshal will check several details inside the building to ensure people can easily find their way out. This includes having hallways and stairs clear, fire doors easily operated by one person and the correct type of fire extinguishers in the correct spot for maximum utility. If your building requires sprinklers, these must meet their own requirements, as well.

Is your electrical equipment updated and safe?

Keep all large equipment in safe working order per the manufacturer’s instructions. Keep all outlets, boxes and breaker panels covered with the correct covers or plugs to avoid random sparks starting a fire or individuals touching live wires. Do not use extension cords as permanent wiring, and do not staple power cords to walls or furniture.

Having everything in and around your buildings consistently up to code and approved by the fire marshal helps to prevent a serious emergency. It also helps you defend yourself in case one of your renters or employees tries to make an alleged fire safety code claim.

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Guarding a small business against liability https://www.sdctlawfirm.com/blog/2019/04/guarding-a-small-business-against-liability/ Thu, 25 Apr 2019 02:24:21 +0000 https://3220801.findlaw1.flsitebuilder.com/?p=49703 The public nature of premises liability litigation catches the eye of many people who think a lawsuit is the easiest way to make a quick fortune. For example, a man in New Jersey recently attempted to sue a company for a fall. Fortunately, the company caught the fake fall on surveillance video, and the man received criminal charges of theft by deception and insurance fraud.

Surveillance cameras are just one way to protect a company from losing everything in a lawsuit. Here are three others.

  1. Purchase adequate insurance

Forbes notes that a small business owner may need many different types of insurance, including the following:

  • General and professional liability insurance
  • Property insurance
  • Business owner’s insurance
  • Workers’ compensation insurance
  • Data breach insurance
  • Life insurance
  • Renter’s or homeowner’s insurance
  • Personal umbrella insurance
  • Personal and commercial auto insurance
  1. Protect insurance policies

Companies can lose their coverage and make it difficult to purchase new policies. An insurance company may back out if a business owner does not comply with regulations, intentionally causes harm to employees or consumers, uses company money for personal purchases or provides invalid guarantees.

Another way to lose insurance is to operate as the wrong business entity, such as a sole proprietorship operating as an LLC. Insurance coverage is usually specific to business classification.

  1. Train employees

An employee who neglects to clean up spills or drives the company car while reading a text is a liability. With proper training and an employee handbook that clearly defines policies and procedures, an employer has a much better chance of avoiding employee misconduct that leads to an injury and a lawsuit.

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