Jason R. Schultz Blog

Gov. Sonny Perdue Signs SB 276 UM Stacking Bill into Law

jason@jasonschultzpc.com — Wed, 14 May 2008 08:00:00 EST

The controversial Senate Bill 276 which passed late in the 2008 legislative session has now been signed into law by Gov. Sonny Perdue. For months now, the Georgia insurance commissioner, John Oxendine, has been against the bill because of his worries relating to the part of SB 276 that will allow insurance companies to change their rates without his approval. Oxendine's office has given prior approval to car insurance companies for over 15 years, which means companies must set their rates with the approval of his office. But Senate Bill 276 gets rid of the approval process altogether.

SB 276 began its life in the 2007 session as an effort by Sen. Cecil Staton (R-Macon) to "stack" so-called uninsured motorist policies. Before SB 276, if the at fault driver had $25,000 in liability coverage and the victim only had $25,000 in uninsured/underinsured motorist (UM) coverage, the victim would not get the benefit of his UM coverage. With stacking, assuming that the case was worth $50,000, the victim would now be able to recover $25,000 from the at fault driver and $25,000 from his/her own UM insurance carrier.

The new law will now allow those coverages to stack but only if the consumer chooses the stacking option. The consumer can choose the coverage that they currently have where the coverage doesn't stack, or the consumer could choose expanded coverage where they will stack to give that additional protection, or the third option is not to have UM coverage at all.

According to Bill Clark, Chief Lobbyist for the Georgia Trial Lawyers Association, "The states that have adopted a free market system for insurance ratings have seen significant reductions in premiums for their citizens." He said consumers will now have the benefit of a free market system. He also said that the more than 250 car insurance companies that sell in Georgia must now compete with each other to win a driver's business. In the final analysis, we will all have to wait and see who was correct about whether the insurance rates will go up across the board or not.

In my opinion, I think that those who choose the stacking option will pay more for UM coverage, but they are getting more coverage than before. The sad reality is that insurance companies and their agents will likely not fully explain these options to consumers who will be left in the dark about how important UM coverage is, especially UM coverage that stacks on top of the at fault driver's liability coverage.

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Over Correcting Likely Cause of School Bus Accident in Georgia

jason@jasonschultzpc.com — Mon, 03 Mar 2008 08:00:00 EST

It's a situation in which you shouldn't trust your first instinct because it may be fatal. Overcorrecting, or quickly snatching the steering wheel back in the direction of the road to get back on it when your vehicle goes onto the shoulder, is one of the leading causes of traffic fatalities in this country.

From all reports thus far, it appears that the school bus driver simply left the roadway momentarily and then over corrected, causing the bus to to leave the roadway and injuring, some seriously, the 25 students aboard the bus.

When the front tire goes off the shoulder and then hits the raised surface of a paved road, that difference can be deadly. "That's what causes the vehicle to lose control," says Capt. Brent Coates of the Florida Highway Patrol. "That's when the vehicle flips and people are ejected if they're not wearing a seat belt."

Momentary distractions such as changing a CD, dropping a cigarette or answering a cell phone can cause drivers to straddle the shoulder of the road, but panic becomes their worst enemy.

Coates said in that split second, he knows a driver's first instinct is to snatch the wheel to get back on the road, but a driver should immediately do two things when their vehicle veers off the roadway.

"The first thing is to let off the gas and get a firm grip on the steering wheel," he said. "Then, once the vehicle is slowed down, the driver should ease the vehicle back onto the roadway." If no obstacles are on the side of the road, a driver can just slow down and stop, then get back on the road when there's no traffic and they've calmed down.

"Drivers should look for what's on the side of the road as they're driving in case they have to leave the road like that," Coates said. "Planning ahead while you're driving is second nature for us (troopers), but drivers don't always do that."

The wreck this morning brings to a head the issue of seat belts on school buses and whether they should be mandated by the federal and/or state goverment. In November 2007, U.S. Transportation Secretary Mary E. Peters announced a new federal proposal to make school buses safer by requiring higher seat backs and setting new seat belt standards for the nation?s 474,000 school buses.

Despite the new proposal, the official National Highway Transportation Administration (NHTSA) position statement on seat belts on school buses concludes that "there is insufficient reason for a Federal mandate for seat belts on large school buses." The statement points out that:

"School bus transportation is one of the safest forms of transportation in the United States. We require all new school buses to meet safety requirements over and above those applying to all other passenger vehicles. These include requirements for improved emergency exits, roof structure, seating and fuel systems, and bus body joint integrity. These requirements help ensure that school buses are extremely safe."

NHTSA feels that the best way to provide crash protection to passengers is through "compartmentalization," in which "buses provide occupant protection so that children are protected without the need to buckle-up. Occupant crash protection is provided by a protective envelope consisting of strong, closely-spaced seats that have energy-absorbing seat backs."

It is my opinion that properly worn seat belts would certainly have minimized the nature and extent of the injuries caused by the careless driving of the school bus driver.

Why I Like Lawyers

jason@jasonschultzpc.com — Mon, 24 Sep 2007 08:00:00 EST

There is a moral belief that virtually every single person I've ever met says they think is true: "Human beings do bad things." Now, there is much debate as to why this is true.

Some people believe we learn bad behavior from our environment. Other people think bad behaviors stem from our genetic code and the general health of our minds and bodies. Other people think the problem is a spiritual problem in our natures that all people have when they are born. Whatever the cause, most everyone agrees that people do bad things that damage other people and their property on a regular basis.

For this reason we here in America (and every other nation and people group for that matter) have laws. Civil and Criminal laws are set up to:

Restrain and/or deter people from doing the bad things they have a proclivity to do.
Punish people who choose to hurt others.
Compensate people who are the victims of abuse or negligence of others.
And every single person who works in the field of law plays an important part in doing those three things. Police officers, judges, legislators, jurors, and military personnel, politicians, and investigators are just a few of the many people who commit a large portion of their life to this process of restraining evil, punishing law breakers, and protecting innocent victims. And for the most part, the people who hold these positions are respected for the important work they do.

There is one group of people, however, that play an equally important role in this system, and yet for some reason they are not given the same respect. The group to which I'm referring is: Lawyers. Lawyers are repeatedly joked about, often held in derision, and sometimes openly hated. This is tragic.

If it weren't for lawyers:

Innocent people who are unable to defend themselves in court would be convicted of crimes they didn't commit.
Guilty people who are especially talented in deception would not be punished for their crimes.
Companies would be able to advertise falsely with no consequence.
Food and drug producers could easily distribute harmful products to the public.
Divorces would be an even more difficult process where the spouse with the least amount of intelligence and/or communication skills would simply lose out on their fair share of the assets.
Artists would have their creative works stolen and/or reproduced without permission and they would be unable to seek out any sort of just compensation.
The constitutions of the federal and state governments would lose their significance. Their power would slowly erode away.
Crime would escalate, as people realized no one was professionally or occupationally committed to prosecute crimes with quality and excellence.
Legal errors would virtually never be overturned through the appeals process.
Victims of negligence would rarely see restitution.
Governments would be able to abuse their powers over the citizens in their jurisdictions.

I really could go on and on. But to sum it all up, lawyers help restrain evil, punish lawbreakers, and protect innocent citizens. Sure, there are corrupt lawyers who abuse their role and actually help further evil, protect lawbreakers, and punish innocent citizens. But that is true of all of the "law" professions; there are corrupt judges, police officers, legislators, and politicians. Frankly, there are corrupt people in every field, even those outside the legal profession including doctors, firefighters, teachers, priests, janitors, and journalists. The reason this is true goes back to the first point: Human beings do bad things.

The fact that some lawyers are "corrupt" isn't evidence that we "don't need lawyers." It is actually evidence supporting the other side. We do need them. As long as there are corrupt people in any field in this country we need lawyers to help us to restrain and punish them while protecting the victims they hurt.

Train Safety

jason@jasonschultzpc.com — Wed, 19 Sep 2007 08:00:00 EST

The Newnan Times Herald reported today on an incident that happened in Coweta County Georgia involving a train striking a car that was stopped at a red traffic signal at the intersection of Weldon Road and U.S. 29. The car was stopped past the railroad tracks waiting to turn onto U.S. 29. The location and design of that intersection is dangerous and, in fact, according to a recent study released by the Citizens for Rail Safety and the University of Kentucky, that crossing is the seventh-most accident prone in the nation.{http://www.citizensforrailsafety.org/in-the-news.php?id=74}

According to the Federal Highway Administration, a train strikes a vehicle or a pedestrian at a rail crossing approximately every 2 hours in the United States. These 12 daily accidents have the potential of producing catastrophic injuries and deaths.

The story publsihed September 19, 2007 reads as follows:

Just because your vehicle is off the tracks doesn't mean you can't get hit by a train.

A minivan struck by a train at Weldon Road and U.S. 29 north of Newnan was off the railroad tracks, according to deputies with the Coweta County Sheriff's Office, but the train extends 3 feet from the tracks on either side.

Deanna Nerowski was driving a Ford Freestyle minivan Tuesday afternoon, waiting to turn onto U.S. 29 from Weldon, when the back of the van was struck by a northbound train.

Nerowski and three children were transported to Piedmont Newnan Hospital with non life-threatening injuries, said Lt. John LaChance of the CCSO.

There was another vehicle waiting to turn in front of Nerowski at the time of the accident, said Deputy Donnie Slaton.

There is no indication that Nerowski was trying to beat the train, said LaChance. He had not had a chance to interview Nerowski to find out if the crossing lights and whistles were activated before she crossed or whether the train was visible. But LaChance said none of the witnesses who saw the crash indicated that Nerowski had tried to cross after she knew the train was coming.

"She thought she was safe," having cleared the tracks, LaChance said. "Just because you're off the tracks doesn't mean you're clear of the train."

"You should never cross the tracks until you can clear 3 feet," he said.

The minivan ended up in the ditch on the north side of the crossing, crashing into the stop sign. The train was stopped several hundred yards down the tracks.

"That's how long it takes to stop," said Slaton. The driver of the train "was probably on the brakes" when the train struck the minivan, he said.

After the accident, the train was uncoupled to allow the crossing to be opened to traffic while crews from the CCSO, CSX Railroad, and Georgia Department of Transportation investigated and cleared the accident.

The crossing at Weldon is the seventh-most accident prone in the nation, according to a recent study released by the Citizens for Rail Safety and the University of Kentucky.

An intersection improvement project at Weldon, which includes turning lanes, a traffic light, and crossing arms, is nearing completion. The most recent completion date is Sept. 30, according to the DOT.

DOT officials could not be reached for an updated completion time Tuesday evening.

However, crews were out Monday and Tuesday hanging the new traffic signals for the intersection.

The contractor for the project, Baldwin Paving Company, has most recently been working on installing a retaining wall that will be next to the northbound right turn lane on U.S. 29.

CSX Railroad will also be doing some work on the project ? widening the crossing to accommodate the various turn lanes and installing crossing arms to block the crossing when trains are coming.

Progressive Investigated by Georgia Insurance Commissioner

jason@jasonschultzpc.com — Fri, 31 Aug 2007 08:00:00 EST

The Georgia insurance Commissioner, John Oxendine, is now involved in the latest Progressive Insurance Company's scandel over allegations of invasion of privacy, fraud and other misdeeds. Hopefully, this will help Progressive and other insurance companies remember that they have fiduciary duties towards thier own insured's, that is, a duty to place their insured's interests as highly as their own. We will see.

By D.L. BENNETT
The Atlanta Journal-Constitution

Published on: 08/30/07

Georgia's insurance commissioner has begun an investigation of Progressive
Insurance for allegedly sending private investigators into a church
confessional to spy on a couple who had filed suit against the company.

John W. Oxendine ordered a market conduct examination into recent
allegations of invasion of privacy, fraud and other misdeeds by Progressive
Insurance Co.

Oxendine has ordered the company to preserve "all documents, data and
tangible things related to all losses or claims incurred or reported
involving or related to Georgia policyholders since Jan. 1, 2003."

"Georgia policyholders should expect an open and honest relationship with
their insurance company," Oxendine said. "In order to assure truthfulness
within the industry, when we hear of possible wrongdoing, we have to act
promptly to protect the consumer."

The two private detectives allegedly posed as a married couple wanting to
join the church. They talked their way into a private confessional at a
member's home and recorded potentially embarrassing details from several
people there.

The investigators were looking into Bill and Leandra Pitts, a Henry County
couple who were involved in a car crash and later sued Progressive. The
company's president issued an apology on Progressive's website last week.

Progressive has 10 days to request a hearing.

Company spokesman Shawn Fergus could not be reached for comment late
Thursday.

Progressive Insurance Company Goes Way Too Far

jason@jasonschultzpc.com — Wed, 22 Aug 2007 08:00:00 EST

The following article appeared in the August 22, 2007 edition of the Atlanta Journal-Constitution. This outrage ranks near the top of the list as far as insurance company abuses go. This is a fine example of the lengths that insurance companies will go to avoid paying fair compenstion to victims of negligence. I certainly hope that justice is delivered to Progressive Insurance Company for this outrageous invasion of privacy.

By D.L. BENNETT

The Atlanta Journal-Constitution

Published on: 08/22/07

When a new couple arrived at Southside Christian Fellowship Church in August 2005, members welcomed them with open arms. Soon, the new couple talked their way into private group support sessions in the Stockbridge home of church member Ken King. During the private talks, church members confessed abortions, sexual orientation issues, drug addictions and other dark secrets.

No one knew the couple wasn't actually interested in joining the church. Instead, they were private investigators hoping two church members, Bill and Leandra Pitts, would spill something they could use to discredit the pair in an ongoing lawsuit over a traffic accident.

The private eyes even tape-recorded the sessions.

"This is just too far," said Atlanta lawyer Wayne Grant, who's representing the couple in a lawsuit over the incident. "People have a right to expect they could be comfortable being candid in that setting. This is an invasion of privacy to the worst degree."

The lawsuit filed last week in Fulton County State Court names Wisconson-based Progressive Northern Insurance Co., their lawyers and James Purgason Jr. and Paige Weeks of Merlin Investigations as defendants.

The lawsuit charges invasion of privacy, breach of confidentiality, emotional distress and fraud among other issues. It seeks unspecified damages.

Private investigator Purgason said he didn't do anything wrong.

"We make sure we always fall well within the law," Purgason said. "How it's interpreted from there isn't up to us."

The lawsuit raises the question of what is going too far in such situations. Should folks, even those involved in lawsuits, expect they aren't being spied upon while in church or at a group confessional at a minister's home?

Glenn Christian of Coastal Investigations in Savannah serves as president of the Georgia Association of Private Investigators, the state private eyes association. He said private investigators routinely misrepresent themselves to get information. And they often record video and audio for clients when the target of the investigation is unaware. Georgia law generally allows recording of conversations as long as one party is aware of it.

The issue here is moral, not legal, Christian said.

"There's a fine, fine line there," Christian said. "There are some companies that wouldn't do that."

The current Fulton case stems from a 2004 traffic accident in Henry County involving the Pitts couple and Debra Harris. The couple sued Harris and her insurer, Allstate. But because Harris had only $50,000 in coverage, the couple's lawyer, Grant, also eventually sought compensation from the Pittses' own insurer, Progressive.

The case was eventually settled for an undisclosed sum. But before that, while it was still being investigated, Progressive's lawyers hired Merlin Investigations to check up on the couple.

King, an ordained minister who does not work for the church, said the support group has met in his home for more than 20 years. Each session started with a statement that whatever was said in the room would remain private. He said he never imagined people would lie their way in and tape the confessions.

"My rights to have a personal, confidential meeting in my home were violated," King said. "Not only my rights, but the people who trusted me. It broke our hearts."

King said once he learned the meetings had been taped he was forced to call his members together and break the news. The shocked prayer-group members broke down and cried, he said.

Some members left. And with others, King said, they've struggled to rebuild trust.

"They crossed the line when they came in and caused the people who trusted me this much harm," King said. "That makes me very angry. And, I am not an angry man."