Types and Examples of Larceny

When someone is talking about larceny crimes they are talking about the crimes that are associated with personal property. Property has two different titles, which are personal or real. Personal property is any real property that has been cut from the ground. Personal property can become a real property if it becomes attached to the ground. Real property is any property that is affixed to the ground like an apartment or house. The definition of larceny is liable to definition changes that are determined by severance or attachment. When someone is charged with crimes against property, it means a crime in which the defendant acquires property which belongs to someone else. These can include extortion, receipt of stolen property, larceny, false pretenses, robbery.

If you are charged with larceny it means that you have illegally taken of someone’s property, with the intention of permanently dispossessing the owner of their property. It could be goods or money. There are many different forms of larceny, which can include:

• Petty-this is where the property amounting to a smaller prices is being stolen. For a crime to be considered petty larceny the object stolen has to be less than four hundred dollars. If they are convicted of this crime they will have to pay a fine or do jail time.

• Grand-this is also known as felonious larceny and occurs when the property stolen is more than four hundred dollars. In New York, the amount of the robbery has to be more than one thousand dollars for it to be considered a felony. If you are convicted of this misdemeanor are subjected to time in prison. If the crime committed is a crime of a large magnitude can result in longer prison time. In addition to going to prison, you are also liable for fines related to the crime, court fees, and restitution payments.

Examples of larceny

• Snatching a purse-if the offender uses force to snatch the purse and instills fear in the victim it is known as robbery. If there is no force or fear in the victim then it is larceny.

• Shoplifting-this crime occurs when an individual shoplifts certain items from a store and does not pay for them. It also happens if you switch price tags so you are paying an lesser amount that what the actual value is.

• Embezzlement-this crime is when there is misappropriation of funds from an account that belongs to the victim.

• False check -this is a crime when the person issues bad checks to an owner for acquiring the property.

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What is Meant by Traveling and Its Benefits

Introduction

People go abroad to see new places. This is called traveling. We do not like to remain at one place for a long time. We like to go from one place to another.

Objects of traveling

People do not travel always with the same purpose. Some people travel to gain knowledge. Some of us go to healthy places for a change of air. Some people travel for the sake of pleasure only. Businessmen travel for the sale of business.

Benefits

Traveling has many benefits. It is part of our education. Our education remains incomplete without traveling. We may read of many places in our history. If we can visit these places, the study of history becomes interesting. We can remember many things easily. We read about mountains, lakes, seas, waterfalls, etc. in our geography. How interesting it is, if we can see them with our own eyes. We read about men and things of different parts of the world. By traveling in different parts of the world, we see new people and new things. We can learn much about the manners and customs of those people. We can thus gain much knowledge. Our narrowness of mind disappears. Out eyes are open to new things. We can introduce many good customs and manners in our own country. Many students of our country go to England, Germany, America, Japan and other foreign countries to learn many things. They come back and teach the people of out country. Thus our countrymen can gain knowledge and the condition of our country is improved.

Great men of our country have traveled in foreign countries. People of those countries may have learnt many things about our country through them. It is good for us. Many famous travelers of ancient times visited India. They left valuable accounts of India. By reading those accounts we can learn much about out country at that time.

Many people travel in different places to improve their health. Their health may break down. If they go to a healthy place, they can recover their health. Traveling is also a source of pleasure to us. We see new objects and beautiful natural scenery. This fills out mind with great delight.

Traveling in modern times

In former times, traveling was not an easy thing. It was very difficult and dangerous. So, people did not travel much in those days. They traveled by boat or cart, or on foot. It required much time also. But now-a-days it has become easy to go from one place to another. Now-a-days we travel in steamers and railway trains. We save much time. There is no danger of being robbed on the way. So, at present many people travel in different parts of the country.

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Insurance In Tort Laws

INTRODUCTION

This project has been an eye opener for me. It is extremely relevant to the modern times and as the future of India we should understand that it is the common mass that runs the country. Consumer protection rights are an important issue in modern days. The law can be effectively used to stop any abuse of the common people especially illiterate masses who do not understand the rules and regulations which is to be followed while buying particular item. It is law, the controller of the entire society which can stop this abuse from taking place. It can place effective standards guiding a product’s genuinity and the proper verification of its price. No extra taxes should be issued according to the seller’s wish. I have proceeded by referring to the books written by Avtar Singh, Venkat Rao and others. It has been a wonderful and educational delight in going about this topic and making a project which is of greatest importance in the present day scenario.

DEFINITION OF CONSUMER

The words “consumer”, “consumed”, “consumption” is all cognate, and when one is defined, the contents of the definition go into all of them wherever they occur in the same act.

Section 2 of the act wherein ‘consumer’ is defined. According to him, the definition of the consumer will not take a client who engaged the advocate for professional services.

Consumer means any person who-

– Buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system or deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly promised or under any system of deferred payment when such use is made with the approval of the person, but does not include a person who obtains such goods for resale or for any commercial purpose

– Hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for the consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial support

In Black’s Law Dictionary it is to mean:

One who consumes. Individuals who purchase, use, maintain or dispose of products and services. A member of that broad class of people who are influenced by pricing policies, financing practices, quality of goods and services, credit reporting debt collection and other trade practices for which the state and federal consumer laws are enacted.

OBJECTVES OF THE ACT

The act is dedicated, as its preamble shows, to provide for better protection of rights of consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for settlement of consumer disputes and for other connected matters. In the statement of objects, reasons it is said that and the act seeks to provide speedy and simple redressal to consumer disputes. Quasi judicial body machinery has been set up at the district, state and central levels. These quasi judicial bodies have to observe the principle of natural justice and have been empowered to give relief to a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non compliance of orders given by quasi judicial bodies have also been provided.

The object and purpose of rendering the act is to render simple, inexpensive and speedy remedy to consumers with complaints against defective goods and deficient services and for that quasi judicial machinery has been sought to be set up at the district, state and national levels. These quasi judicial bodies are required to apply the principle of natural justice and have been empowered to give relief of specific nature and appoint wherever necessary, compensation to consumers.

INSURANCE

An operational definition of insurance is that it is

– the benefit provided by a particular kind of indemnity contract, called an insurance policy;

– that is issued by one of several kinds of legal entities (stock company, mutual company, reciprocal, or Lloyd’s syndicate, for example), any of which may be called an insurer;

– in which the insurer promises to pay on behalf of or to indemnify another party, called a policyholder or insured;

– That protects the insured against loss caused by those perils subject to the indemnity in exchange for consideration known as an insurance premium.

The influence of insurance on the law of torts has been significant, both on theoretical level and on practice. Insurance has undermined one of the two main functions of awarding of damages, and it has in cast doubt on the value judgements made by the courts in determining which particular test of liability is appropriate in the given circumstances.

Regardless of whether in the particular circumstances the appropriate principle of liability is intention is malice, fault or strict liability, the purpose of common law damages remains the same. The primary purpose of an award of damages is to compensate the victim for his loss, with view to restoring him as near as possible to the position he would have been in but for the tort of the wrongdoer. But damages have another: by making the wrongdoer responsible for meeting an award of damages, the courts are trying to deter others from committing similar tortuous wrongs.

Insurance vitiates the secondary purpose of damages, at the same time incidentally ensuring that the primary purpose is more often achieved.

It can scarcely be realistically asserted that insured defendants are deterred by the prospect of losing no-claims bonus or by increasing of premium on renewal of their policies. Once it is conceded that insurance renders compensation for the sole purpose of damages but then the tort action itself becomes vulnerable to attack, for there are many ways-some perhaps fairer and administratively cheaper than tort- of compensating a victim for a loss he has suffered.

Prima facie, where a person suffers loss of recognized kind as the result of another’s act, then the latter should have to make good that loss. But for valid reasons, the courts have held that, in certain circumstances, the actor will have to compensate his victim only if he is at fault. The victim’s right to compensation is, therefore curtailed in an attempt to be fair to both the parties. The courts have made a policy decision that, in the circumstances, it is right to reward a defendant who has been careful by protecting him from liability for the consequences of his actions and that, as a corollary the plaintiff must forego his compensation. The policy decision is made on the supposition that the wrongdoer would himself have to pay for the damages but for this protection; it by no means follows that the same decision would be made if there were no risk of the wrongdoer having to provide the compensation.

It is difficult to judge the victim’s right to compensation should be curtailed when that curtailment is not justified by a corresponding benefit to the wrongdoer. The requirement of fault ceases to play its role as the leveler between the victim’s legitimate expectations and the wrongdoer’s legitimate expectations, and becomes simply a hurdle to the victim’s progress to compensation. If it is accepted that no one can insure against liability for harm caused by intentionally to another , then similar arguments can be made by the inappropriateness of the victim’s having, in certain circumstances to prove an intention to do him wrong or harm, when it is irrelevant to the wrongdoer whether he had such an intention or not.

Again the victim’s right to compensation is being curtailed without any corresponding benefit to the wrongdoer.

However, insurance has influenced the law of tort on a much more practical level as well. While the fact of insurance is not of itself a reason for imposing liability , there can be no doubt that it does add “a little extra tensile strength” to the chain which a wrongdoer to his responsibilities.

As well it has given new horizon to damages ; it is true that traditionally it was considered to inform the court that a defendant was insured , but “those days are long past” and now it is frequently openly recognized that the defendant would be insured.

The policy of insurance constitutes a contract of insurance between Life Insurance Corporation or a subsidiary of General Insurance Company of India, as the case may be, such services such has been undertaken to render under the contract of insurance. However as a rule, occasion to render services arise only when insured surrenders his policy, or the policy matures for payment or the insured dies or any other contingency which gives rise to render service occurs.

Breach of contract of insurance may give rise to a cause of action to file a civil suit, but such breach of contract may itself constitute deficiency in service, so as to give a cause of action to file a complaint under the consumer protection act for one such more relieves awardable hereunder.

Section 13(4) of the act vests in a redressal agency powers of the Civil Court, while trying a suit in respect of such matters as examination of witnesses on oath and production of documents. Declining to exercise jurisdiction in a case before it only because it involves examination and cross examination of facts, witnesses and production and consideration of documents would amount to abdication of its jurisdiction.

Such discretion can be exercised only when the gives rise to several issues and necessities taking of voluminous oral and documentary evidence, or otherwise involve complex questions of fact and law which cannot be decided in time bound proceedings under the consumer protection act.

MOTOR VEHICLE INSURANCE

Where the sale of a vehicle is complete, the title therein passes to the purchaser notwithstanding that his name has not been recorded in the R.C.Book. Such owner is entitled to get his vehicle insured and also to maintain a claim on the basis of such insurance. The earlier owner, who has lost insurable insurance on the sold vehicle, cannot advance a claim on the basis of policy of the said vehicle, earlier taken by him, on the ground that he is still the recorded owner of the said vehicle.

Section 157 of the motor vehicles act is only in respect of third party risks and provides that the certificate of insurance described therein shall be deemed to have been transferred in favour of the person to whom the motor vehicle is being transferred. It does not apply to other risks, if any, covered by the policy. If the transferee wants to avail the benefits of other risks covered by it, he has to enter into an agreement thereof with the investor.

FRAUD BY INSURER

If it is established that the discharge voucher was obtained by fraud, misrepresentation, undue influence or coercive bargaining or compelled by circumstances, the authority of the consumer forum may be justified in granting relief. Mere execution of the discharge voucher would not deprive the consumer of his claim in deficiency of service.

DELAY IN SETTLEMENT OF CLAIM

In Sarveshwar Rao v. National Insurance Company Ltd. , it was held that the delay of two or more years in settling the insurance claim would result in inadequacy in the quality, nature and manner of the service which the insurance company has undertaken to render, and amounts to deficiency in service.

In Delkon India Pvt. Ltd. V. The Oriental Insurance Company Ltd. . The National Commission has held that it was a deficiency of service to have delayed the claim by two years on the ground that the final police report was not coming.

INTERPRETATION OF TERMS

In Skandia Insurance Company v. Kokilaben Chandravadan , the honorable Supreme Court ruled that the exclusion terms of the insurance must be read with so as to serve the main purpose of the policy, which is to indemnify the damages caused to the vehicle.

CONDUCT OF THE INSURER

In Oriental Insurance Co. Ltd. V. Mayur Restaurant and bar , the conduct of the insurer was under question. The commission held that deficiency of the service was established on the part of the opposite party on two counts i)delay in settlement of claims and ii) unreasonable and un maintainable reasons for repudiating the claim of the complainant, and the compensation with the interest and cost was awarded.

SUICIDE BY THE ASSURED

In Life Insurance Corporation v Dharma Vir Anand, the national commission refused to hold the insurance commission liable as the insured committed suicide before the expiry of three years from the date of the policy.

BREACH OF TERMS

In B.V.Nagarjuna v Oriental Insurance Company Ltd., the terms of insurance contract permitted the insured vehicle to carry six passengers at a time but the driver allowed two more persons to get in. It was held that merely adding two more persons without the knowledge of the driver did not amount to indemnification by the insurance company.

NOMINEE’S RIGHTS

In Jagdish Prakash Dagar v. Life Insurance Corporation , it was held that a nominee under a policy of life insurance will be a consumer within the meaning of section 2(1) (d) of the Consumer Protection Act. The commission held that the nominee could legislatively maintain an action against deficiency raised in service by the arbitrary decision of the insurer.

REPUDIATION

Repudiation is defined as the renunciation of a contract (which holds a repudiator liable to be sued for breach of contract, and entitles the repudiatee on accepting the repudiation to treat the contract as at an end

This concept of repudiation is needed in the concept of insurance. The concept of repudiation will be dealt hereto a number of times and to provide beneficiary evidence, the definition has been given.

Unilateral repudiation of its liability, under the contact of by the life insurance corporation or an insurance company does not, by itself oust the jurisdiction of a redressal agency, to go into the sustainability of such repudiation, on facts and in law and to decide and to adjudicate if, in the facts of the case, it amounts to deficiency in service or unfair trade practice, and if so, to award to the aggrieved person, such relief or reliefs under Section 14(1) of the said Act as he or she is entitled to. The fact that before such repudiation it obtained a report from a surveyor or surveyors also does not oust the jurisdiction of a redressal agents to into the merits of such repudiation, for otherwise in each case the corporation or such company, and deprived the aggrieved person of the cheap and expeditious remedy under the consumer protection act.

Where, however the corporation or the company conducts thorough investigations into the facts which have given rise to claim and other associated facts, and repudiates the claims in good faith after exercise with due care and proper application of mind, the redressal agency should decline to go into the merits of such repudiation and leave the aggrieved person to resort to the regular remedy of a suit in a civil court.

The law does not require the life insurance corporation or an insurance company to accept every claim good or bad, true or false, but it does require the corporation or the company to make a thorough investigation into such claim and to take decisions on it, in good faith, after exercise of due care and proper application of mind and where it does so it renders the service required by it and cannot be charged with deficiencies in service, even if, in the ultimate analysis, such decisions is wrong on the facts and in law and the redressal agency would be disinclined to substitute its own judgement in the place of the judgement of the corporation or insurance company.

The question as to whether repudiation of its liability does or does not amount to deficiency in service would depend upon the facts of each case.

Where a cheque sent towards a premium is dishonoured by the drawee bank and consequently the policy is cancelled or it lapses or the injured dies before the proposal is accepted and contract of insurance results, no claim can be founded in such a policy, which was cancelled or has since lapsed, or a contract of insurance, which did not materialize at all. Repudiation of such claim can never amount to deficiency in service.

Insurance agent is not entitled to collect premium on behalf of the corporation. Where an insured issues a bearer cheque towards premium and hands it over the insurance agent who encashes it, but does not deposit the premium with the corporation event till the expiry of the grace period and consequently the policy lapses and meanwhile the insured also dies, his nominee has to blame himself or herself for the indiscretion of the insured and cannot blame or fault the corporation.

BASIC PRINCIPLES OF INSURANCE

There are some basic principles concerning the topic of Consumer Protection Law and Insurance.

– Settlement of insurance claim is service, default or negligence therein is deficiency of that service

In the case of Shri Umedilal Agarwal v. United India Assurance Co. Ltd, the National Commission observed as under:

“We find no merit in the contention put forward by the insurance company that a complaint relating to the failure on the part of the insurer to the settle the claim of the insured within a reasonable time and the prayer for the grant of compensation in respect of such delay will not within the jurisdiction of the redressal forums constituted under the consumer protection act.

The provision of facilities in connection with insurance has been specifically included within the scope of the expression “service” by the definition of the said word contained in section 2(i) (o) of the act. Our attention was invited by Mr. Malhotra, learned counsel for the insurance company to the decision of the Queen’s Bench in national transit co. ltd. V. customs and central excise commissioners . The observations contained in the said judgement relating to the scope of the expression insurance occurring in the schedule of the enactment referred to therein are of no assistance to all of us in this case because the context in which that expression is used in the English enactment considered in that case is completely different. Having regard to the philosophy of the consumer protection act and its avowed object of providing cheap and speedy redressal to customers affected by the failure on the part of persons providing service for a consideration, we do not find it possible to hold that the settlement of insurance claims will not be covered by the expression insurance occurring in section 2(1)(d).Whenever there is a fault of negligence that will constitute a deficiency in the service on the part of the insurance company and it will perfectly open to the concerned aggrieved customer to approach the Redressal Forums under the act seeking appropriate relief.”

– L.I.C. Agent has no authority in collecting the premium

The supreme court held that under regulation 8(4) of life insurance corporation of India (agents) regulation, 1972 which had acquired the status of life insurance corporation agents rules with effect from January 31, 1981, which were also published in the gazette, LIC agents were specifically prohibited from collecting premium on behalf of LIC and that in view thereof an inference of implied authority cannot also be raised.

– Rejection of claim as false after full investigation

The national commission held as follows:

” from the facts disclosed by the record and particularly averments contained in the consumer affidavit filed by the first respondent it is seen that the insurance company had fully investigated into the claims put forward by the complainant that his claim was rejected. Thus it is not a case where the insurance company did not take a prompt and immediate option for deciding the claims against the insurance company. Having regards to the facts and circumstances of this case and the nature of the controversy between the parties we consider that this is a matter that should be adjudicated before a civil court where the complainant as well as the respondent will have ample opportunities to examine witnesses at length, take out the commission for local inspections etc. and have an elaborate trial of the case.”

– Unilateral reduction in the insurance amount.

The national commission held that the insurance company is not entitled to make a unilateral reduction of Rs. 4, 29,771 from Rs. 30, 12,549 at which its own surveyor assessed the loss.

– Mere repudiation does not render the complaint not maintainable.

The national commission overruled the objection of the insurance company that merely because the insurer had totally repudiated its liability in respect of the claim, no proceedings could validly be initiated by the insured under the consumer protection act.

– Mere unilateral repudiation does not oust the jurisdiction.

The national commission held that merely because the insurer has repudiated the insurance claim under the policy unilaterally, it is difficult to hold that the various redressal forums constituted under the consumer protection act, 1986 will have no jurisdiction to deal with the matter that if such a contention of the insurance company can get a report from the surveyors, repudiate the claim and oust the jurisdiction of the redressal forums, that the redressal forums are, therefore, bound to see whether or not the repudiation was made in good faith on valid and justifiable grounds that if the surveyor or surveyors choose to submit the wrong report and the insurance company repudiates the claims without applying its mind then the repudiation cannot be said to be justified that the report of the surveyor will show that the investigations have been proper, fair and thorough and that it has to be remembered that the surveyors bread comes from the employer.

– Mere unilateral repudiation no ground to oust jurisdiction.

The national commission repelled the objection and observed as under:

“Ordinarily a remedy is available to a consumer in Civil Court but mere repudiation of claim arising out of policy of insurance under section 45 of the insurance act, 1938, cannot take away the jurisdiction of the redressal forum constituted under the act. The avowed object of the act is to provide cheap, speedy and efficacious remedy to the consumers and it is with this object that section 3 of the act lies down as follows:

3. Act not in derogation of the provisions of any other law: – the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.”

The national commission overruled the objection in the view of repudiation of contract of insurance by the corporation; the redressal agencies under the act cannot entertain the claim of the insured and reiterated the law laid down by it in the Divisional Manager, Life insurance Corporation of India, Andhra Pradesh v. Shri Bhavnam Srinivas Reddy.

– Removal of insured goods on attachment no theft.

It was ruled in the stated case that attachment of certain items of insured Machinery and goods by the bailiff of a civil court, though later found to be illegal and consequent removal did not amount to theft and or house breaking by force so as to entitle the insured to prefer a claim under the policy.

– When repudiation amounts to deficiency and when it does not?

The national has held:

In M/s Rajdeep Leasing and Finance and others v. New India Assurance Company Limited and others –

That rejection of the claim by the insurance company after examining and considering the two separate survey reports from qualified surveyors and three legal opinions from different oriental counsels could not be said to constitute a deficiency in service so as to give a rise in the cause of action for a complaint under the consumer protection act.

In Oriental Insurance Co. Ltd. V Modern Industries Ltd. , the national commission has held that where the cover note inter alia mentions that the risk is subject to the usual terms and conditions of the standard policy, it is equally the responsibility of the complainant to call for these terms and conditions even if they are not sent by the insurance company, as alleged, to understand the extent of risk covered under the policy and associated aspects.

In Life Insurance Corporation of India v. Dr. Sampooran Singh

The complainant had taken out an insurance policy of 40,000 rupees in 1982, for the purpose of payment of estate duty on his only residential house in chandigarh in the event of his death and paid 5 premia, but with the abolition of estate duty on one residential house owner in 1985, the policy became inoperative due to the act of the state and not due to any deficiency on the part of the corporation any dispute between the parties as to the amount payable there under cannot be construed as deficiency in service on part of the corporation.

In LIC of India v M/s Kanchan Murlidhar Akkalwar

The complainant applied to the opposite party for housing loan, and on the advice of the latter, she took two LIC policies, one for Rs. 90000 and the other for Rs. 20000 entered into an agreement for the purchase of the house with the house with the owner on the advice of the opposite party obtained a fire policy for Rs. 2 lakhs. The opposite party advised the complainant to obtain a release deed from the zilla parishad co operative society in respect of the she proposed to purchase with a certificate that the said plot is not mortgaged therein. The complainant got a certificate from the Maharashtra government that the vendor had re paid the housing loan and interest thereon due to Zilla Parishad Krishi Karmachari Sehakari Gribe Narman Sanstha and that there was nothing outstanding from him towards loan amount or interest. Still the opposite party did not release the loan. On these facts the national commission by its majority judgement observed that:

“We have carefully gone through the records and heard the counsel. Clause 1 (c) of the loan offer letter clearly states that the advance of the loan is subject to the property being free from encumbrances to the satisfaction of the insurance company and a good and marketable title. At the same time it appears that the respondent-complainant had to go through a number of steps, although necessary, having financial implications and causing mental and physical stress to her and at the end of all of which she was told that no dues certificate given by the maharashtra government in respect of the prospective seller of the property in question, was not “release of mortgage” certificate that was obtained. The respondent complainant perhaps also had in her mind the case of Mr. Vaishempayam who got the loan under similar circumstances. Thus the evasion petition is disposed of as above.”

CONCLUSION

This project topic is increasingly beneficial in the modern times with the consumer protection rights being redressed with due care. It is being advertised in the mass media in our country. The slogan which our consumer is using is: “JAGO GRAHAK JAGO”. The time has come to realize the ideal market situation in which the buyers are not persuaded or coerced falsely into buying items which are of no use to them at all. Besides the relationship between buyer and seller should not be damaged at any cost. The relationship between the buyer and seller is said to be a fiduciary relationship and the trust between them should remain intact. A time has come in which the customer should get his proper position in the market conditions. He has to have proper knowledge about what is going on in the market and the concerned prices and the supply and the different other practices referred to.

Insurance is a very sensitive issue in the modern times. People are being hoodwinked into signing up in companies which are turning out to be frauds in the true sense of the term. This project has been an eye opener to me and I have come to realize the importance of the consumer protection act and insurance.

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Do You Have Sufficient Auto Insurance Coverage?

Imagine getting ready to leave your house and you open your door and the rain is pouring down. Now you start to frantically look for your umbrella…. ah, there it is! You step outside, open your umbrella, and you are now protected from that pouring rain. If it were a bright sunny day with no rain in sight you probably would not even care about where your umbrella is or if you even had one! The same is true about insurance. Until you need it, do you really care about it? Unfortunately, too many people realize that they have insufficient coverage only when an unexpected incident occurs and they have to place a claim with their insurance company.

So, a logical starting point to determine if you have proper insurance coverage is to understand the basics. To ensure that you do have the proper coverage, you first need to acquire a good understanding of the basics of auto, home, personal umbrella, and life insurance coverage. For this article, we will focus on auto insurance coverage.

Auto Insurance basically covers you for liability and property damage as it relates to your motor vehicle. There are other optional areas of coverage as well, but for our discussion let’s stay focused on the basics, which are the most important anyway. Your auto insurance policy’s first and/or second pages are the declaration pages of your auto insurance policy. The declarations pages describe your auto coverage limits in numeric dollar values.

Here is a sample of what you may see on your auto insurance policy’s declaration pages:

-Bodily Injury/Property (BIPD) 250/500/100

-Limited or Unlimited

-Medical (Med) $5,000

-Personal Injury Protection (PIP) 250 w/250 Ded

-Uninsured/Underinsured (UM/UIM) 250/500/100

-Collision $500 (Coll) Deductible

-Comprehensive (Comp) $500 Deductible

-Rental Insurance (RI) 80%/1500

Let’s take a look at each of these coverage definitions and amounts in more detail.

The BIPD represents Bodily Injury (BI) / Property Damage (PD). Basically, in the example above, this individual policyholder has liability protection for $250,000 per individual or $500,000 maximum per incident, plus $100,000 in property damage to the other party’s vehicle in a collision. Liability coverage is protection for times when you have been deemed and proven negligent in an auto accident and you therefore become legally liable for the resulting compensatory and/or punitive damages to the other party or parties. The BI, of the BIPD, will cover you for negligence on your part that resulted in bodily injury to the other party or parties. BI also covers the cost of attorney fees associated with any litigation brought against you by the other party. In the above example, this person has $250,000 in coverage for all inclusive liability and attorney fees per individual injured or $500,000 for the entire incident.

The PD, of the BIPD, covers the damage to the other party’s vehicle as a result of your negligence; thus, in the above example, up to $100,000 in property damage to the other party’s vehicle or property. Now, being cognizant of the litigious society that we live in, we ask if $250,000 per person or $500,000 per incident is enough BI coverage? This is a personal decision for every individual to make depending upon their current assets and net worth, and their knowledge of recent jury decisions and awards on BI cases. A major factor affecting this decision is an understanding that you are self-insured for any amounts awarded in excess of your BI coverage amount, should the jury award compensatory and punitive damages greater than your BI coverage amount. So, in this example, should the jury award $750,000 to the individual driving the other vehicle who suffered bodily injury because you collided with them as a result of your negligence, then you are self-insured for the amount in excess of $250,000 which in this case would be $500,000. If you do not have the $500,000 to settle the award, then the judge has many other options to ensure restitution to the injured party such as: garnishing your wages, selling off some of your assets, placing a lien on your property, etc. Now, you can get an umbrella policy to cover you up to a certain amount in excess of your underlying auto BI coverage. We will look at how an umbrella policy works in more detail in an upcoming article.

Next, we have “limited right to sue” versus “unlimited right to sue” coverage. Basically, under the “limited” right to sue lawsuit option, you agree not to sue the person who caused the auto accident for your pain and suffering unless you sustain one of the permanent injuries listed below:

-Loss of body part

-Significant disfigurement or scarring

-A displaced fracture

-Loss of a fetus

-Permanent injury

-Death

Please note that choosing this option does not waive your right to sue for economic damages such as medical expenses and lost wages.

Under the “Unlimited” right to sue lawsuit option, you retain the right to sue the person who caused an auto accident for pain and suffering for any injury. Most people will choose the “limited” option because it is far less costly and it provides the ability to sue the negligent party for most major and permanent injuries. However, many attorneys will usually choose the “unlimited option” for their own personal coverage and pay the significant extra cost because they want the right to sue for any injury.

PIP coverage stands for Personal Injury Protection coverage. PIP is paid from your own policy. PIP covers medical expenses, and possibly lost wages and other damages. PIP is sometimes referred to as “no-fault” coverage, because the statutes that enacted it are generally known as no-fault laws. PIP is designed to be paid without regard to “fault,” or more properly, without regard to legal liability. PIP is also called “no-fault” because, by definition, a claimant’s, or insured’s, insurance premium should not increase due to a PIP claim. A PIP claim may be subrogated by your insurance against the other party’s insurance company if the other party was determined to be the neglligent party in the accident. PIP is a mandatory coverage in some states.

Uninsured/Underinsured (UM/UIM) is coverage from your policy that may pay for injuries to you and your passengers, and possibly damage to your property, when as a result of an auto accident the other driver is both legally responsible for the accident and determined to be “uninsured” or “underinsured.”

An uninsured driver is a person who has no auto insurance coverage, or had insurance that did not meet state-mandated minimum liability requirements, or whose insurance company denied their claim or was not financially able to pay it. In most states, a hit-and-run driver is also considered an uninsured driver as it pertains to paying for injuries to you or your passengers.

An underinsured driver is a person who had insurance that met minimum legal requirements, but did not have high enough coverage limits to pay for the damage caused by the accident. In these situations, UIM coverage can pay you for your damages. It is important to note that uninsured and underinsured is separate coverage, although in many states they can or must be purchased together. Some states mandate purchase of UM/UIM, but many do not.

Collision coverage insures you for damage to your vehicle. No matter if it is a collision between your car and another car, or your car and a stone wall. You are covered if your car sustains damage as a result of colliding into something or something colliding into it, whether you are at fault or not. Your deductible will usually apply. If you collide with another vehicle and the other party is at fault, then your insurance company may subrogate the claim against the at fault party’s insurance company to recover the claim amount.

Comprehensive (Comp) basically covers what collision coverage does not. When your car sustains damage that did not result from colliding with another motor vehicle or object, the comprehensive portion of your policy will pay for the damages. If you do not have comprehensive coverage then you would have to pay out of your own pocket for any damage to your vehicle not related to a collision. Here are the perils typically covered by comprehensive auto insurance coverage: fire, theft, vandalism, broken or damaged glass, animal inflicted damage, falling objects, storms (hail, wind, etc.), and water damage. Your deductible will usually apply.

Rental Insurance (RI) is coverage for you to rent a car while your vehicle is being repaired because of a covered incident. In the above example of declaration page values, the 80%/1500 means that you have coverage for $80 per day and $1,500 maximum total cost to rent a car while your vehicle is being repaired. This is an optional coverage that many people take, but some do not.

Well, that is it! That is the basics of understanding your auto insurance coverage. Not so bad, right? Now that you understand the basics of auto insurance coverage you can review and analyze your personal auto insurance policy’s declaration page coverage information while taking into consideration your personal financials to determine whether or not you have sufficient coverage.

Stay tuned for future articles that will explain the basics of understanding homeowner’s, personal umbrella, and life insurance coverage. You never know when it is going to rain!

Joseph Rubino, Agent

NJ Licensed Property & Casualty, Health, and Life

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Tips On How To Clean Your Dirty And Smellygage

Your luggage travels in different conditions. The rain, the muddy pathways and the dirty pavements can all make your luggage dirty and smelly. If you do not take good care of it, your precious travel bag can wear out faster.

Cleaning your dirty and smelly luggage should not be too daunting. Let me tell you some tried and tested cleaning tips:

1. Vacuum your luggage. Try to get rid of as much dirt and dust from your travel bag as you can. Also vacuum the casters and the interior of the bag. You might want to use a vacuum machine with a good filter to effect suck minute dirt and dust particles.

2. If you are using a canvas luggage, try cleaning it with a mild dish washing liquid. Mix two drops of the dish washing liquid in two cups of warm water. Soak a sponge or a clean towel in the mixture. Wring out the excess. Use this to wipe the interior and the exterior of the machine.

Make sure you remove dirt particles. Also wipe away dirt and crusty mud on the wheels of the luggage.

3. For your leather luggage, try to get rid of the mud using a leather polisher. Apply leather polisher on a clean rag. Wipe it all over the bag.

4. Get a soft bristled brush and use this to remove dirt particles in the zippers, wheels and the handles of the bag. You can try soaking the brush in the dish washing liquid solution first. This will loosen up the crusty mud or dirt.

5. Sprinkle baking soda on the interior and exterior of the luggage. Leave it on for an hour. Baking soda can effectively diffuse unwanted luggage odor. This will also help get rid of lingering stains and dirt.

6. After an hour, vacuum the travel bag again to get rid of the baking soda residues.

7. To deodorize the luggage bag once again, try spraying it with lemon juice solution. Just mix one cup of lemon juice with one cup of water. Place it in a spray bottle. Spray it all over the luggage. This should work in diffusing unwanted bag odor.

8. Let it dry completely. Place the bag in an area not directly exposed to the sun.

If you are traveling during rainy seasons, make sure you use a luggage cover for your bag. These can be purchased from travel bag stores. They can protect your bag from further damage.

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The Rights That Go With Real Property

The rights that go with real property can be summed up by the term appurtenances. When real property is sold, appurtenant rights are ordinarily sold along with it. They can, however, be sold separately, and may be limited by past transactions. In addition to knowing the boundaries of the land and which items are considered part of the real property (fixtures vs. personal property), homeowners and lenders also need to understand which rights are being transferred along with that parcel of real estate.

Fee simple ownership includes such other appurtenances as access rights, surface rights, subsurface rights, mineral rights, some water rights, and limited air rights. One way to understand the rights that accompany real property is to imagine the property as an inverted pyramid, with its tip at the center of the earth and its base extending out into the sky. An owner has rights to the surface of the land within the property’s boundaries, plus everything under or over the surface within the pyramid. This includes oil and mineral rights below the surface, and certain water and air rights. Air rights are sometime regulated by each state allowing for air traffic and water rights can differ from state to state.

It is possible, though, for the owner to transfer only some of the rights of ownership to another person. For example, a property owner may sell the mineral rights to a piece of property, but keep ownership of the farm. Later, when the land is sold, the mineral rights will most likely stay with the mining company (depending upon the wording of the contract involved) even though the rest of the bundle of rights in the land is transferred to the new owner. The new owner is limited by the past transaction of the previous owner, and may not sell these mineral rights to another party, nor transfer them in a future sale of the land.

A lender must know if the entire bundle of rights is being transferred (fee simple) or if there are restrictions or past transactions that may limit the current transfer of ownership in any way. This is important because it may have a great effect on the value of the real property. Transfer of access rights for a sidewalk to be placed across the front of a subdivision lot generally would not have a significant impact on the value of a piece of land. Transfer of mineral rights to a mining company, as in the previous example, likely would impact the value.

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Different Types of Life Insurance Policies Available in India

Life insurance is one of the fastest growing financial service sector in India. Currently, there are 24 life insurance companies in India offering various kinds of life insurance policies with many benefits and riders. The main purpose of taking life insurance is to provide financial protection for the dependents of a person in case of his death.

There are some life insurance policies which have inbuilt wealth creation or investment plans along with insurance. Also, these products are offered as specific tailor-made products for different life stages like, child plans, retirement plans, pension plans etc. A few products offer loan facility along with the life insurance plan. Also, all life insurance premiums offer tax benefits to the insured, as per the Indian Income Tax Act.

Here under are different types of life insurance policies that are being offered in India.

Term insurance policy:
Term insurance offers financial protection for the family of the insured in case of his sudden demise. It is the cheapest life insurance policy that offers high sum assured at low cost. This policy provides insurance cover for a period of time. In India, almost all life insurance companies offer term insurance with different product names. The term policy will be usually available for 5, 10, 15, 20 or 30 years. The policyholder does not get life cover after the completion of the term policy. Further, in India premium paid on term insurance is eligible for tax exemption under section 80C of Income Tax Act in India.

Money-back policy:
Under this policy, certain portion or percentage of the sum assured is returned back to the insured, in case of survival of policy holder. In the event of death during the period of the policy, the nominee of the policy gets death benefits equal to the sum secured and accumulated cash benefits. The premiums of money-back policy are very high compared to term insurance policy.

The money-back policies are offered for a fixed period of time, usually up to 25 years and the policyholder pays a fixed premium periodically (monthly, quarterly, annually) during the policy period. The premiums paid on money-back insurance policies are eligible for tax exemption under section 80C of Income Tax Act in India.

Whole life insurance policy:
As the name suggests, the policy covers risk for an entire life of the policyholder. This policy continues as long as the policy holder is alive. The policy offers only death benefits to the beneficiary or nominee in case of the death of the insured. This policy does not offer any survival benefits. So, the whole life insurance policy is primarily taken to create wealth for the heirs of the policyholders, as this policy offers payment of the sum assured plus bonus in the event of the death of the policyholder. The premiums of whole life insurance are costlier than term plans.

The policyholder pays premium for whole life or till some age (say 80 years) or for some period of 35-40 years based on the terms and conditions of the policy. The premium paid on whole-life insurance policies is eligible for tax exemption under section 80C of Income Tax Act in India.

Endowment insurance policy:
It is a savings linked insurance policy that provides cover for a specified period of time. The policy holder receives sum assured along with bonus or profits at the end of the policy in case of its survival. This policy is best for those people who do not have a savings or investing habit on a regular basis. In case of the death of the policy holder before the maturity of the policy, the beneficiary of the policy receives only the sum assured amount.

The premiums of the endowment policies in India are costlier than term life and whole life insurance premiums. Also, the premiums paid on endowment insurance policies are eligible for tax exemption under section 80C of Indian Income Tax Act.

Unit linked insurance policy (ULIP):
It is a special kind of investment tool combined with life insurance and serves as investment-linked insurance policy. In this policy, some part of the premiums goes into life cover and some part of the premium goes into investment.

The policy consists of investment mix where some percentage of the premium can go into 100% equity funds or 100% debt funds or a mixture of both. Here, the policyholder has an option of choosing funds or he can select the strategy of investing. The policyholder can also have the choice of switching from one fund to other fund. The returns from ULIPS are based only on the performance of the funds. The main drawback of ULIPs is that, it contains high charges (responsibilities) for managing funds.

In India, ULIPs allow you to claim tax benefits against the premium payment by two ways – deduction and exemption. You can deduct up to Rs.1 lakh of your taxable income by investing in ULIPs under section 80C of Indian Income Tax Act. You can exempt from gross income under section 10 (10) D for any sum received from insurance.

Insurance policies have a great role to play in assuring tax savings. As per the policy in India, all regular-premium life insurance policies (except pension plans) in India issued after April 2012, should offer protection cover of at least 10 times the annual income to be eligible for tax benefits under section 80C and 10 ( 10) D.

Choose and get a best life insurance policy to protect your family's financial condition in your absence.

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What Makes London a Lively and Appealing City for Travelers?

It is petrifying to move to a new town especially when you do not know anyone. However, there is a different story to London because it is always busting with travelers and this makes it easy for those visiting to feel at home quickly.

London has a traveller's community that enterprises of individuals from New Zealand, Australia and South Africa. There is also special consideration for Europeans, Canadians and Australians citizens who wish to travel to London.

Most people come to London for fun or work. It is easy to get to London. You can apply through the British Embassy through several Visas. Most individuals who travel to London on a two year working holiday visa end up staying for the full two years. That way, they get a chance to know people, create relationships and have lasting memories.

Although London is busy, it is rich with all the remarkable sceneries that you could hope for. There are amazing places to visit. Any activity you want is available and you can enjoy art, education and sports, just to mention a few. Each and every day of your stay can be filled with so much entertainment.

If you treasure some quiet time, you can go to the local pubs for a drink or to watch football. The activities do not needarily have to be costly. There will always be something to keep you entertained.

In addition, London is easy to adjust to. It is a large city with a huge number of people. Despite this, it is a quiet and pleasant place. You get to enjoy the scenery and the outdoor experience more.

London has magnificent buildings. The buildings are unique and have fine architecture. The grandeur is pleasing enough to those in creative design and adds to their artistry. It is simply an inspiring town.

It is also amazing that you get to go to the museum for free. London has beautiful museums. They are also public and allow everyone to appreciate history and culture. Additionally, they hold art that has inserted for centers and do not restrict visitors.

Traveling to London is there before an experience worth taking. Another one of its appealing, notable and relaxing features are its green areas. The city is well planned and includes parks such as the hike parks and wild parks. As much as this may come as a surprise, there are also wild animals within some of these parks. The variety of parks is breath-taking. In addition, they are very accessible and are located at the heart of London.

This city is convenient and it is easy to get housing that is close to important amenities. That way, you can walk to work, the grocery store, bank, social joints and many other locations. The public transport system is also convenient and even if you do not have a car, getting around is not going to be a problem. You can also use your bike around the city. They have double buses that are like a free tour of London. You are further not limited on the taxis and will find a range of affordable ones.

Travel to London to also experience the abundance of culture. It is the city that attracts diverse nationalities and people. It is a great city for studies, work or business. It provides the opportunity to interact with interesting people from around the world.

The people are friendly and it is easier to form bonding relationships. The people are also more fun and outgoing.

What is a city without a cuisine? London is not left behind when it comes to amazing dishes. You will find a variety of quality meals. The food is fresh and delicious. Furthermore, you will easily find organic food in the stores.

London easily connects you to other towns and countries in Europe. It is convenient to travel. Moreover, regulation allows all workers to have at least 20 days of leave. It is made much more convenient with affordable flights.

Communication will not be an issue because internet and phone services are affordable. The plan is not only cheaper in London but also in other parts of Europe and America while roaming.

After all the good is spelt out, there is a compromise to make. London is an expensive town. So many people are moving to London and this is making it expensive in terms of rent and other amenities. Demand is increasing day by day.

All in all, London feels more like home and is a great place to tip travel to. It further makes you more of who you are and is an inclusive city.

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Characteristics of Universal Life Insurance

As we mentioned in the previous article, universal life (UL) was introduced in 1981-82, in response to a historically high interest environment and a consumer awareness of the value of self-directed investments because traditional insurance could not compete with short-term interest rates.

Here are some characteristics as follow

1. Account Value

The account value of a universal life plan is the sum of the gross values of all the investment accounts within the policy, including income, after deductions for the current month expenses.

2. Cash Surrender Value

The cash surrender value of a universal life plan is the current account value, less outstanding loans and surrender charges. Surrender charges are usually based upon a multiple of the minimum required premium for the policy back-end charges are larger than front-end charges.

3. Premiums & Contributions

Premiums are those amounts needed to pay the cost of insurance charges and other expenses for the policy. Deposits are those excess amounts that are of a pure investment nature.

4. Death Benefit Options

The amount of death benefit payable under a universal life policy is based upon 1 of 4 different options

a)Level death benefit: Level coverage throughout the lifetime of the policy.

b) Level death benefit plus cumulative gross premiums: Death benefit increases by the amount of each gross deposit to the policy.

c) Level death benefit, indexed: The amount of death benefit increases, yearly, by a predetermined percentage.

d) Level death benefit plus account value: The total amount of death benefit is always equal to the initial face amount, plus the gross account value. This is the most popular chose by 90% of universal life insurance policies’ owners because

the gross account value is tax free.

5. Premium Flexibility

The premium deposits, plus accrued investment income, must be sufficient to pay for all expenses and deductions, so as to keep the policy in force, tax exempt life insurance contract, flexible premium.

Universal life is not for every consumer

It’s flexibility tends to be reflected in much higher administration costs than are found in traditional whole life plans and the variable nature of the plan may make it unsuitable for those clients wanting guarantees

I hope this information will help. If you need more information, you can read the complete series of the above subject at my home page:

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Understand the Pros and Cons of Saving Money in Piggy Banks

It is always a great idea to put some money away for a rainy day or for a future purchase. But where you put it is a personal choice depending on what your considerations are. Do you have security in mind? Or is it convenience? Whatever they may be, you might have thought of getting a piggy bank in which to store some extra money. It may help you if you understand what using one of these entries. There are obvious advantages as well as disadvantages that come with piggy banks.

Advantages

We all have spare change left over from grocery shopping and other small purchases, and sometimes we just put it all over the house because we do not have a central place to deposit it. A coin bank will enable you to keep track of the small amounts of money that might otherwise simply lie around or get lost. It can also be a great way to actually save toward a small purchase such as something you saw on sale at the shop down the road. Small, regular deposits into the piggy bank will accumulate enough to reach the desired amount. There are some large piggy banks that are convenient for growing a decent saving, so that might be of interest to you.

Most piggy or coin banks by their very design are pleasing to look at. That means that besides using them to put away some money, you can also use them as decorative pieces in the house. The piggy bank may not needlessly come in the design of a pig, but some are modeled after other animals or objects. So you could choose to become a collector of them and make them serve the double duty of storing your money and brightening up your house.

Disadvantages

When you are saving money, it is usually for a particular reason. Therefore, it is in your interest to ensure that it accumulates enough to achieve your goal. For instance, if you are saving to treat yourself to a night out on the weekend, it is possible to get temped during the week to use the money for something else because it is readily available. It requires that you exercise self control and discipline to not raid the piggy bank at will just because it is convenient.

There are really no disadvantages of keeping money in a piggy bank except that you may get tempted to withdraw some amount when you need it. But it is really not such a bad idea to withdraw money when you need it. The piggy banks serve as your instant back-up plan. You have to go to a bank and withdrawal money and that involves time and energy. On the other hand withdrawal from a piggy bank home is very easy.

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