Saturday, December 31, 2011
Friday, December 30, 2011
Monday, December 19, 2011
Saturday, November 19, 2011
Saturday, November 12, 2011
Thursday, November 10, 2011
Wednesday, November 9, 2011
Tuesday, November 8, 2011
Monday, October 31, 2011
TallyInsLaw.com: Key Insurance Bills Filed: 2012 Legislative Sessio...
TallyInsLaw.com: Key Insurance Bills Filed: 2012 Legislative Sessio...: Florida's 2012 Legislative Session does not start until January 10, 2012, but bills are being filed and committees are meeting. A page li...
Monday, October 10, 2011
From The Secret Daily Teachings
Your body is exactly like a movie projector, and the film running
through the projector is all of your thoughts and feelings. Everything you see
on the screen of your life is what has been projected from within you, and is
what you have put into the film.
By choosing higher thoughts and feelings you can change what you
see on the screen at any time. You have complete control of what goes into your
film!
May the joy be with you,
Rhonda Byrne
The Secret... bringing joy to billions
Thursday, September 22, 2011
Sunday, September 11, 2011
The 48 Hour Solicitation Ban and the Power of Words meet up in Florida's Supreme Court
Yesterday, the Florida Supreme Court heard oral arguments in Jeffery H. Atwater v. Frederick W. Kortum. Ourprior posts detailed this case as it made its way through trial and the First District Court of Appeals. But if you are not yet acquainted with the case, the “48 hour rule” restricted public adjusters from soliciting insureds for 48 hours after a loss. Fred Kortum argued the ban violated his commercial free speech under Article I, § 4, of the Florida Constitution. The Supreme Court heard from both sides.
Attorney Michael Davidson represented Florida's CFO, Jeff Atwater, who now stands in the shoes of Alex Sink in this case. Public Adjuster Kortum was represented by Wilbur Brewton.
When the video of the oral arguments becomes available, we will update the post, but until then, here are some interesting quotes from the proceedings provided by Janet Zink of the St. Petersburg Times Tallahassee Bureau.
"The problem you have here is 'initiate contact' seems to be rather broad. I don't understand your argument, that it doesn't encompass these written communications," said Chief Justice Charles Canady. "I'm missing your point."
When Davidson tried to explain the intent of the statute, Justice Canady and Justice Pariente expressed frustration with the way the law was written.
"That's great you didn't mean it, but we've got to deal with what's said," Pariente said. "It's the 'initiate contact.' That's to me the problem."She questioned the motivation for the legislation, noting that some people who hired adjusters to help with their hurricane claims received 750 percent more on claims than those who didn't."It seems to me it's the insurance industry saying we don't want adjusters there because we want to do our thing," Pariente said.Wilbur Brewton, the attorney for Kortum, seized on Pariente's remark."It's insurance companies that are the issue," he said.The first 48 hours after a disaster, such as a fire or hurricane, are critical because cleanup attempts can affect claims."It's hard to understand the rules," he said. "Those are the most important times for a policyholder to have the service of a public adjuster. We're not bad guys."Commercial speech, whether it's face to face, on the phone or through a written document, is protected by the First Amendment, he argued.Davidson countered that laws limiting solicitation by attorneys, who are schooled in the art of persuasion, have stood up to constitutional questions."The only difference between a lawyer and adjuster is the lawyer has no fee cap. The public adjuster does," he said.Pariente responded: "Then we ought to encourage them. I'm going to get one next time. It does sound like they are doing a very important service."
And yes, you read that right, the Honorable Justice Pariente gave kudos to public adjusters and said she would hire a public adjuster the next time she has a claim.
The data referenced in the case about the 750% increase in claim payments originates from the OPPAGA report. To learn more about OPPAGA report, check out my post, Public Adjusters and Sinkhole Claims, or read the report in its entirety here.
Rest assured, as soon as a decision is issued in this case, we will provide the opinion
Monday, September 5, 2011
From The Secret Daily Teachings
No person or power in the outside world can compare to the power
you have within you. Seek the power within, as it knows the perfect way for
you.
May the joy be with you,
Rhonda Byrne
The Secret... bringing joy to billions
Monday, August 29, 2011
From The Secret Daily Teachings
When you find your purpose, it is like your heart has been set alight with passion. You know it absolutely, without any doubt.
May the joy be with you,
Rhonda Byrne
Tuesday, August 23, 2011
A Secret Scrolls message from Rhonda Byrne
From The Secret Daily Teachings
Here is a checklist to make sure you have your receiving channels open:
Do you receive compliments well? Do you receive unexpected gifts easily? Do you accept help when it is offered? Do you accept your meal being paid for by a friend?
These are little things, but they will help you know if you are open to receiving. Remember, the Universe is moving through everyone and every circumstance to give to you.
May the joy be with you,
Rhonda Byrne
The Secret... bringing joy to billions
Saturday, August 20, 2011
Friday, August 19, 2011
Wednesday, August 17, 2011
"I'm under a lot of pressure..."
The ellipsis hides the most important part of this sentence:
"I'm under a lot of pressure from myself."
When you have a big presentation or a large speech or a spreadsheet due, the pressure you feel is self-induced. How do I know? Because stuff that felt high-pressure a few years ago is old hat to you now. Because it used to be hard for you to speak to ten people, and now it takes a hundred or a thousand for you to feel those butterflies. Because not only do you get used to it, you thrive on it.
Unless you're in a James Bond movie, it's really unlikely that the pressure that you're feeling is anything but self-induced.
What you do with the pressure is up to you. If it's not helping you do great work, don't embrace it. Pressure ignored ceases to be pressure.
Seth Godin
Monday, August 15, 2011
From The Secret Daily Teachings
Whatever the financial situation you are currently in, it is one that you have brought into reality through your thoughts. If it is not what you want, then you have created it unconsciously, but still you created it. When you can see this you will understand how powerful you are at creating. And now all you have to do is create what you want, consciously!
May the joy be with you,
Rhonda Byrne
Sunday, August 14, 2011
The filter hierarchy - Seth Godin
There's more information, provocations, riffs, causes, meetings, opportunities, viral videos, technologies and policies coming at you than ever.
So, how do you rank the incoming? How do you decide what to expose yourself to next?
- Email from your boss
- Personal note from a good friend
- Three or four recommendations from trusted colleagues, each with the same link
- A trending topic on Twitter
- The latest on Reddit
- Phone call from your mom
- File on the intranet you're supposed to read before the end of the week
- Spam email from a stranger
- Tenth note from Eddie Bauer, this one to an email address you haven't used in a year
- Post on Google + from a friend of a friend
- Facebook update from someone you haven't seen in ten years
- Angry tweet from someone you've never met
- Commercial on the radio that's playing softly in the background
- Email from someone who had your back one day when it really and truly mattered
- !!!urgent marked email from the HR department about the TPS reports
- Text message on your phone from your husband
- Phone message from the kid's principal
- Tweet from the handler of a celebrity who is pretending to be the celebrity
- Story that's repeated endlessly on cable news because a producer thought it would get good ratings
- Handwritten love note from a current crush
- New review in the Times of a restaurant you happen to be going to tonight
- Obviously bulk snail mail from a charity you donated to three years ago
- Latest volley in a flame war
- Blank sheet of paper quietly waiting for your next big innovation
- Comment on a blog post you wrote three days ago
- New post by your favorite blogger, delivered via RSS
- Book in the bookstore, next to the cash register
- Newest negative review of your business on Yelp
- Movie playing across town
- TV commercial on a show you've got on your DVR
- Book on the back shelf of a bookstore, newly put there yesterday by the manager, who doesn't know what you like
- Tweet from someone who really, really wants you (and everyone else) to follow her
- Rebecca Black's new video
- Sales pitch on your voicemail
Thursday, August 11, 2011
Zurich Reports First-Half Profit Despite $780M in Cat Losses
Credit: Associated PressNU Online News Service, Aug. 11, 12:37 p.m. EDT
Zurich Financial Services Group says 2011 first-half net income increased 20 percent over last year despite catastrophe losses of $780 million and challenges faced in the economy.
Net income for half-year was $1.97 billion, up $323 million over last year.
Gross written premium rose 5 percent, or $936 million, to $18.88 billion.
The company reports a general-insurance combined ratio of 99.3, up 1.3 points from 98 in the 2010 first-half.
The company says the March 11 earthquake and tsunami in Japan, flooding in Australia and the February earthquake in New Zealand resulted in first-quarter catastrophe losses of more than $500 million.In the second quarter, aftershocks in New Zealand resulted in losses of $80 million, and severe weather events in the United States added $200 million more in losses.
The company says first-half results were helped by realized gains of $441 million before tax on the sale of shares in New China Life Insurance Co., Ltd.
In a recorded video commentary on the company’s results, Martin Senn, chief executive officer of insurer Zurich, says the company “is positioned for profitable growth,” noting the signing of a long-term alliance with Santander in Latin America and the acquisition of Malaysian composite insurer Malaysian Assurance Alliance Berhad. He says the latter transaction will further enhance the company’s position in the Asia-Pacific region.
Zurich also announces today that it signed a definitive agreement with Deutsche Bank to extend its distribution agreement in Germany on life and general insurance until 2022.
On the current economic environment, Senn says Zurich anticipated it “economic growth would remain challenging” for the rest of this year and growth in its core markets “would remain below potential.” Financial markets would be volatile “with low yields affecting investment income.”
“Indeed, this is proving to be correct,” says Senn. Despite this reality, the company was able to deliver “strong numbers” for shareholders.
Second-quarter net income after tax rose 88 percent, or $621 million, to $1.33 billion.
Wednesday, August 10, 2011
Important Reasons To Sell On Value Rather Than On Price
I recently posted the following on my Facebook page:
“When you sell on price you are a commodity.
When you sell on value you are a resource.”
When you sell on value you are a resource.”
One person suggested: “So let’s lower the price and raise the value.”
I replied that in certain very specific situations, that works. Not too often, though.
By and large, when you “compete” on price, it’s a losing proposition for everyone involved.
Yes, everyone. Obviously for the one who didn’t get the sale because…they didn’t get the sale.
But, also for the company that did get the sale. After all, by lowering their price, their profit margin shrinks. It is harder to service the account, invest money in other necessary areas and, if they do this too often, perhaps even to remain in business.
Key Point: And, when someone buys from you only because you had the lowest price, they will be “loyal” to you only until someone comes along with an even lower price than yours. This is commonly known as “the race to the bottom.” Again, it’s a race that everyone loses.
Everyone? But, what about customer; they certainly didn’t lose.
Actually, especially the customer. When their vendor can not afford to service the sale, they lose. When their vendor goes out of business, they lose.
On the other hand, when you sell based on value (not just the intrinsic value of your product or service, but the entire customer experience), you have added much more in “use value” to their lives than what they paid, while also making the substantial profit you deserve.
Bob Burg
Thursday, August 4, 2011
The top 5 reasons why you SHOULD cold call!
1. You are a masochist.
Masochist (noun): The tendency to derive pleasure
from one's own pain or humiliation.
2. You are addicted to the struggle.
Psychologists have identified the fact that many
people stay poor or in otherwise bad circumstances
because they are addicted to their own struggle.
3. You want to stay poor.
You have some type of moral or ethical objection
to wealth and prosperity.
4. You work for an idiot.
Your boss is a dummy who wants you to keep cold
calling with no regard to the fact that the less
you sell, the less he makes.
5. You are already rich.
Since you don't need to make any sales or even
keep your job, you cold call all day to pass the
time.
Frank Rumbauskas
Monday, August 1, 2011
From The Secret Daily Teachings
Be creative and use powerful actions in line with what you want. If you want to attract the perfect partner, then make room in your closet. If you want to attract a new house, then tidy up your current house so it is ready for easy packing. If you want to take a trip then get out your suitcases, surround yourself with pictures of the location, and put yourself in the pictures.
Think about what you would do if you had your desire, and then take creative actions that make it clear you are receiving it now.
May the joy be with you,
Rhonda Byrne
The Secret... bringing joy to billions
Sunday, July 31, 2011
Is Industrial Espionage Covered? - Understanding Business Interruption Claims, Part 82
In Coupled Products, LLC v. Harleysville Ins. Co., No. 1:09-CV-349, 2011 WL 3101357 (N.D. Ind. July 25, 2011), the court said, “unfortunately, no.”
Couple Products designed and manufactured component parts for the auto industry. At the time of the loss, the company had invested heavily in designing and developing unique and patented prototypes that were expected to meet its customers' requirements far more efficiently than its competitors. The insured had a contract with General Motors and was preparing to launch a new business proposal with its new line of products. The insured’s direct competitor leased a space in the same building, and the two companies were competing for an exclusive contract with General Motors. In the heat of the race, the competitor’s engineer stole various component parts from the insured’s prototype and testing laboratory. Despite the theft, the insured was able to continue its normal operations.
Upon arrest, the thief confessed to police that he stole parts from the insured because he “didn't have time” to obtain the parts lawfully before the competitor’s product was supposed to launch; the thief needed to figure out how the new components worked. A week after the theft, GM informed the insured that it lost the bid to the competitor and cancelled their existing contract.
The insured filed a claim with its insurer for the theft and claimed the loss of its competitive advantage constituted a loss under the policy’s business income provision. The parties stipulated that the theft was a covered loss and that it caused direct physical loss at the insured location. The insurer, however, argued that the loss of GM’s contract or the loss of future business was not covered under the policy’s business income provision.
The court was not persuaded by the insured’s unfortunate tale. In granting summary judgment in favor of the insurer, the court stated that:
Interpreting business interruption coverage to cover the loss of a competitive advantage suffered as a result of a theft of intellectual property would actually require insurers to subsidize insured victims of industrial espionage almost indefinitely—a result plainly contrary to both precedent and the reasonable expectations of the contracting parties.Winters v. State Farm Fire and Casualty. Co., 73 F.3d 224 (9th Cir.1995), supports the proposition that the loss of a competitive advantage does not constitute a business interruption when operations continue unabated. In that case, a trial attorney filed a claim with his insurer after hand saws to be used as examples in an upcoming trial were stolen from his office. The attorney claimed that as a result of this theft, he lost the suit, which would have earned him over a million dollars in contingency fees. The court found that the policy did not provide coverage, since the attorney was able to continue his law practice after the theft, albeit without the competitive advantage of exemplar hand saws at trial. It is true, as CP points out, that the terms of the Winters policy differ from the Harleysville policy at issue here; the Winterspolicy required a suspension of operations, while the Harleysville policy covers a whole or partial business interruption. But the Winters court nevertheless focused on the plaintiff's “operations”, not the strength of his case relative to that of his opponent, and denied coverage because “[i]t is undisputed that there was no suspension of operations attributable to the theft.” Id. at 229.Numerous other cases have held that it is the inability to meet customer demand—not reduced customer demand—that triggers business interruption coverage. See, e.g., Ramada Inn Ramogreen, Inc. v. Travelers Indem. Co. of Am., 835 F.2d 812, 814–15 (11th Cir.1988) (denying recovery to hotel owner under business interruption policy when fire damaged nearby restaurant and hotel business slowed but hotel remained operational); Rothenberg v. Liberty Mut. Ins. Co., 115 Ga.App. 26, 153 S.E.2d 447, 448 (1967) (denying recovery under business interruption policy where theft of merchandise resulted in loss of business; court held insured had not suffered an interruption of business, but rather a diminution in volume); Howard Stores Corp. v. Foremost Ins. Co., 82 A.D.2d 398, 441 N.Y.S.2d 674 (N.Y.App.Div.1981) (denying recovery for water damage to business where there was no actual suspension of business, but rather an alleged adverse effect on continuing sales).
Since the insured continued to perform its normal operations at a “similar level of service” as it did before the theft, the court found that the insured could not recover for the lost GM contract.
Friday, July 29, 2011
4 Things to Consider When Combining Bank Accounts By: Juliana Weiss-Roessler
When you’re in a long-term, committed relationship, the topic of combining your moneywill eventually come up. Some of us would probably have no problem doing this – my husband and I had access to each others’ accounts and regularly updated our joint finances long before we were married, so putting our money into a common pot (or pots) didn’t seem like a huge step. However, I can absolutely understand why people might be wary about giving their significant other unfettered access to all of their money.
It’s a scary world out there and you never really know what might happen. But sincefinancial problems are a leading cause of divorce - especially when partners hide money from each other – combining your finances is an incredibly important part of coming together as a couple. Yes, combining is scary, but keeping your finances separate can hurt your relationship long term. Because of that, here are some things you should think about and ways to ease the transition into combining accounts:
What’s your partner’s financial situation?
Does he or she have a large amount of debt? A good, stable job? A trust fund that will become accessible in a few years? Both of you need to be honest about whatever your financial situation is so that your partner knows what he or she is getting into. If you’re serious enough about each other to be considering spending your lives together, you should be willing to share financial burdens and windfalls. This doesn’t mean everything has to come at once, though. If you’re not completely comfortable, talk about it. Start small and build trust by combining some parts of your finances.
What are your partner’s financial habits and goals?
This is one place where keeping andregularly updating a combined budget is incredibly useful. Before we were married, my husband and I budgeted everything from regularly monthly bills and expenses to bigger joint goals like vacations and that nice 40-inch flatscreen we both wanted. One great way to keep a record like this is to “join” your accounts with an online budget planner, so you can see how much money you jointly have, what you both spend each month on things like food, entertainment, utilities, and so on, and even look at itemized credit card transactions.
Knowing how your partner spends money will go a long way toward telling you how your joint finances might work out – plus you might be shocked to learn whereyour money is really going!
Do you need to take financial classes or counseling?
Ideally, everyone probably should take a class on budgeting. Not only as a way to ease the transition into combining accounts, but because our educational system puts so little value on budgeting and financial learning in our mandatory schooling. Classes like these will help determine your attitudes about money and make sure both of you have the same general goals in mind. Keep in mind that neither one of you is going to be perfect for the other person – there are always differences! – but knowing your strengths and weaknesses can be a big help.
Do you need a legal agreement?
Of course a relationship where you plan to spend your lives together should be built on trust, but combining finances can be one of the most difficult things to do – especially if there’s a huge discrepancy between your financial situation and your partner’s. This is a place where counseling and communication should play a role, but if you or your partner still don’t feel completely comfortable and haven’t defined your status legally, drawing up a legal agreement might be the best solution to protect both of you. Just remember to communicate and really try to put yourselves in each others’ shoes if it gets to this point.
Money is a scary, touchy subject, and if you really love each other, you have to be understanding.
For tools and advice to help you and your partner get your combined finances on the right track, head over to Quizzle.com. At Quizzle, you can save money together by lowering your mortgage payment and get access to the best interest rates on credit cards and loans byimproving your credit scores.
Sunday, July 24, 2011
Seth's Blog: Interesting & Interested
... it helps to be both. These are the two ways you earn attention.
If it's so obvious, why is it so difficult?
Thursday, July 21, 2011
What If You Did Know? By Michael Oliver
How many times have you asked someone the question, “What would you do if…” (As in, “What would you do if you could do anything and failure was not an option”), and their reply was, “I don’t know”… and then you didn’t know where to go from there?
Let’s look at how to resolve this.
First, there are a number of reasons why the other person may respond to you with “I don’t know”.
- It could be that you’re simply going too fast in your dialogue and you asked the question “What would you do if…” too soon.
- Another reason is that they simply need a little more time to reflect and answer.
Even though, deep down, most people do know what they would do, they might be a little confused and uncertain. They may find it hard to put into words what they really want to say, simply because they’ve never really talked about it before, or it’s a lost dream.
This is what I talk about in Chapter 5 of my book, “How To Sell Network Marketing Without Fear, Anxiety Or Losing Your Friends!” when I refer to someone shifting their “Current Reality” into the present moment.
So, you may need to give them a little bit of time and some “breathing space”.
Here’s How You Can Reply!
A simple, fun and effective way is to simply smile and ask…
“And what if you DID know, what would you do?”
And then be quiet!
You’ll be surprised how many people will actually tell you! You can then continue the flow of the dialogue without breaking the rapport gained.
The “What would you do if…?” question is very powerful when used correctly.
And to get the best results for them and for you, you must have prepared the way with the “Discovering Stage”.
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