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Thursday, 5 December 2019

Tesla boss Elon Musk wins defamation trial over 'pedo guy' tweet

2019-12-06T230631Z_1_LYNXMPEFB523O_RTROPTP_4_MUSK-LAWSUIT-VERDICT.JPG
FILE PHOTO - SpaceX owner and Tesla CEO Elon Musk speaks at the E3 gaming convention in Los Angeles, California, U.S., June 13, 2019. REUTERS/Mike Blake
LOS ANGELES (Reuters) - A federal court jury in Los Angeles on Friday found in favor of Tesla Inc <TSLA.O> boss Elon Musk in the defamation lawsuit brought against him by a British cave explorer who Musk had branded a "pedo guy" on Twitter.
The verdict was delivered on the fourth day of the trial a short time after the case was handed to the jury of five women and three men. The plaintiff, Vernon Unsworth, was seeking $190 million damages against Musk, who during the trial estimated his net worth at $20 billion.
Musk, who testified during the first two days of the trial in his own defense and returned to court on Friday to hear closing arguments from the two sides, exited the courtroom after the verdict and said: "My faith in humanity is restored."
The case is believed to be the first major defamation lawsuit by a private individual to go to trial over tweets.
Unsworth's attorney L. Lin Wood summed up his case against Musk by calling the high-tech entrepreneur a "billionaire bully" who had "dropped a nuclear bomb" on Unsworth in a series of tweets suggesting he was a pedophile.
Wood said Musk's "pedo guy" remark was a slur that would overshadow Unsworth's relationships and job prospects for years to come and urged jurors to teach the Tesla chief executive and SpaceX founder a lesson.
But the jury, in its unanimous decision, was apparently swayed by the arguments put forth by Musk's attorney, Alex Spiro, who said the Twitter message in question arose from an argument between two men and amounted to an off-hand insult that no one could be expected to take seriously.
"In arguments you insult people," he said. "There is no bomb. No bomb went off."
(Additional reporting by Steve Gorman and Dan Whitcomb in Los Angeles, and Jonathan Stempel in New York; Editing by Jonathan Oatis and Grant McCool)

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Saturday, 10 August 2019

The Hardended Market


hard market



The market for insurance is cyclical.  It fluctuates between the soft market (when premiums hold steady or decrease) and the hard market (when rates increase and coverage is harder to find.)
During the soft market, a lot of insurance companies will offer lower rates to try to expand their
market share.  This is the ideal time to “shop around” or strategically negotiate with an incumbent insurer to get the best price.  As more and more companies move their business to insurance carriers with lower rates, the profits for the insurance industry as a whole goes down.  This reduces carriers’ ability to continue going after new business, and causes the market to start hardening.
During the hard market, the market is less competitive, and underwriters adhere to stricter standards.  It can be difficult to find options for insurance, and as a result, rates go up.

Role of Insurance broker in a hard market

The role of brokers in all of this is to help you navigate the insurance market, whether it’s hard or soft.  They help keep you informed of your rights and responsibilities as it related to your insurance policies and go over the options you have.
With access to an array of markets, they we act as your advocate to get you the best rate, whatever the market conditions are.   They will be work to gain access the best “story” of your risk to drive competition between the insurance carriers to motivate them to offer their best rate to your company.  
A quality measured account manager that takes ownership and genuine interest in your assets will  represent your interests by distinguishing insurers across financial strength, coverage breadth and service quality.  Regardless of market condition, there may be insurers who "low ball" price to attract business, but whose financial condition may be relatively poor, coverage less broad, and service quality inferior.  They should know the importance of rapport, communication and trust to keep you informed so that you can make the best buying decision for your business. 

Is the hard market here?

The property casualty market has been in a soft state for about the past seven years.  For the past couple of years, people have been predicting the market will harden, but that hasn’t been the case.  Now, after much speculation, the market is starting to lean toward a hard cycle.
In addition to the typical market cycles, a number of other things play into the cost of property casualty insurance that may be affecting prices right now:

  1. Weather – when there are years with multiple natural disasters, insurance companies experience higher than usual losses, which can drive cots up.  Even things like a higher frequency of thunderstorms can add up in terms of claims.
  2. Interest rates - insurers often offset underwriting losses with investment income in order to generate profitable results.  When interest rates are relatively low like they have been recently, investment income declines, which in turn causes upward pressure on rates in order to make a profit. 
  3. The recession – as individuals and governments cut costs, some neglect necessary maintenance on properties, roads, and vehicles.  This can result in additional damages that drive up the cost of claims.
  4. Increases in hiring – as the recession begins to improve and employers add people to their payroll, this increases the risk to businesses and can impact premiums.
  5. Increased health care costs – medical work comp costs have skyrocketed, bringing up the cost of claims. 

What you can do to get the best rate in a hard market

You should discuss your options with your Relationship Manager or Account Manager to determine what makes the most sense for you, but to get the best rate in a hard market (or in any market for that matter) look at doing things like:
  • Increase your deductible
  • Beef up your safety program
  • Create an early-return-to-work program for work comp claimants
  • Look for other expense areas to cut

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The Motto




THE LESSON

The principle benefit of Insurance is the right to transfer to cost and burden to another - your insurer

Liability is often not then cost of negligence but the whopping legal costs in determining the duties in according with the written / statute of law or in the absence of written law  Common law 













There's balance between cost V's convenience 
that's best resolved in a trusted relationship between client and their service provider 
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  • How much Passion and Enthusiasm ?
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Monday, 27 May 2019

Management Liability easier to read as Defence Liability


Image result for management liability average costs

When you’re running a business, you may be personally liable for any actual or alleged breaches of the Corporations Act. And it’s not just large companies that are exposed – small and medium business owners and officers could be at risk as well.
Management Liability insurance covers the costs of defending directors, managers and employees against any claims that are the result of their actions or decisions.

Management Liability / Professional Liability / D&O and the like ... often referred to as "Defence Liability" BECOZ more often than not its only LEGAL COSTS in defending the claim which on average are around $29,000 against an average premium of $2,500
Why do I need it?
If you are faced with unexpected liability costs, Management Liability insurance can protect your business and personal assets, such as your home, from being sold to cover the cost of paying claims.
Did you know?
Many businesses think it won’t happen to them, but statistics show otherwise. In fact:
    • The likelihood of a claim that could be covered by a Management Liability policy has tripled in the last 5 years, with 50% of notifications resulting in a claim (Chubb 2016 Private Company Risk Survey).
    • The most common claims are for employment practices like bullying, harassment and wrongful dismissal (Chubb 2016 Private Company Risk Survey).
    • Major claims by amount relate to crime – including employee fraud (Chubb 2016 Private Company Risk Survey).
Penalties awarded against companies and its directors or officers for work health safety breaches have increased by 43% to $22.3 million in one year. Penalties now average $62,000 per company (Safe Work Australia, Key Work Health Safety Statistics 2014).
The types of covers included in Management Liability Insurance policies can vary between insurer but generally, cover can be provided for:
Employment Practices Liability
Covers payouts for claims of employment breaches, such as wrongful dismissal, bullying and discrimination.
Directors’ and Officers’ Liability
Protects your proprietary limited company’s past, present and future directors, officers and managers against claims of wrongful acts, such as misrepresentation or breach of duty (subject to business size).
Crime
Protects your business against claims such as employee or third party fraud (not all criminal activity is covered).
Corporate Liability
Covers costs that your business would incur if you need to defend and settle claims from outside parties alleging wrongful conduct, as well as investigation into the affairs of the company.
Statutory Liability
Covers the cost of defence, fines and penalties under some statutes (eg. Work Health and Safety).
Defence Costs
Covers your legal costs if your business ends up in court.


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THE LESSON
The principle benefit of Insurance is the right to transfer to cost and burden to another - your insurer

Liability is often not then cost of negligence but the whopping legal costs in determining the duties in according with the written / statute of law or in the absence of written law  Common law 




























Friday, 26 April 2019

Landlord Liability slippery bath Mat - Fail!!


A woman who injured her right shoulder slipping on the wet bathroom floor of a holiday apartment in Margaret River has failed in her attempt to sue the owners


Amanda Nikolich fails attempt to sue Margaret River holiday apartment owners over bathroom floor slip


credit PerthNow   April 27, 2019 
A woman who injured her right shoulder slipping on the wet bathroom floor of a holiday apartment in Margaret River has failed in her attempt to sue the owners.
Amanda Nikolich took civil action against Matthew Webb and Karen Somers, the owners the studio apartment, after her injury on Valentine’s Day in 2014.
A spa she’d been enjoying with her husband, Goran, had been interrupted by a smoke alarm going off repeatedly. Mr Nikolich had responded three times, getting out of the bath without drying to turn it off.
Each time the bathroom floor got wetter.
Later after both had showered and gone to bed, Ms Nikolich went back to bathroom to check on some tea candles. As she reached for one of the candles, she slipped and fell, screaming out in “pain”.
Chaos ensued when Mr Nikolich came to her aid and also slipped, falling on his back, with both ending up in a “heap” on the floor.
After giving her some pain relieving medication, he took her to the local hospital.
In the District Court trial, Ms Nikolich alleged the owners failed in their duty of care by not warning them about the slipperiness of the polished concrete floor when wet, failing to provide sufficient bath mats as well as a grab rail.
She also alleged water leaked from the shower, increasing the slip risk.
Mr Webb and Ms Somers claimed Ms Nikolich’s injury was caused by her negligence.
In his judgment published this week, Judge Hylton Quail agreed that the plaintiff had contributed to her injury because she knew the bathroom floor was still wet and could have dried the floor with towels or put a towel on the floor, but didn’t.
did the landlord have insurance ... the costs to defend are substantial and such costs are included in Liability policies.

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JUDGE DETERMINATION

He found she also failed to steady herself by holding onto the vanity, spa, wall edge or towel rail.
The fact that water accumulated near the bath and outside the shower recess “was a matter of common experience and known to all reasonable adults who use bathrooms.”


THE LESSON
The principle benefit of Insurance is the right to transfer to cost and burden to another - your insurer

Liability is often not then cost of negligence but the whopping legal costs in determining the duties in according with the written / statute of law or in the absence of written law  Common law 































Wednesday, 27 September 2017

Rewards or Punishments? What Motivates YOU


sept17-26-636540492
The 18th-century polymath Jeremy Bentham once wrote, “Pain and pleasure govern us in all we do, in all we say, in all we think.” Modern neuroscience strongly supports Bentham’s intuition. The brain’s limbic system, which is important for emotion and motivation, projects to the rest of the brain, influencing every aspect of our being, from our ability to learn, to the people we befriend, to the decisions we make.
Image result for managementIt is not surprising, then, that when we attempt to motivate people, we try to elicit an anticipation of pleasure by promising rewards (for example, a bonus, a promotion, positive feedback, public recognition), or we try to warn of the pain of punishment (a demotion, negative feedback, public humiliation). But what’s not always clear is: Which should we be using — the promise of carrots or the threat of sticks? And when?
A study conducted at a New York state hospital provides some answers. The goal of the study was to increase the frequency by which medical staff washed their hands, as sanitization in medical settings is extremely important for preventing the spread of disease. The medical staff is repeatedly made aware of this, and warning signs about the consequences of unsanitized hands are often placed alongside sanitization gel dispensers. Yet cameras installed to monitor every sink and hand sanitizer dispenser in the hospital’s intensive care unit revealed that only 10% of medical staff sanitized their hands before and after entering a patient’s room. This was despite the fact that the employees knew they were being recorded.

Then an intervention was introduced: An electronic board was placed in the hallway of the unit that gave employees instant feedback. Every time they washed their hands the board displayed a positive message (such as “Good job!”) and the current shift’s hand-hygiene score would go up. Compliance rates rose sharply and reached almost 90% within four weeks, a result that was replicatedin another division in the hospital.
Why did this intervention work so well? The answer provides a general lesson that goes beyond hand washing.
The brilliance of the electronic board was that, instead of using the threat of spreading disease, the common approach in this situation, the researchers chose a positive strategy. Every time a staff member washed their hands, they received immediate positive feedback. Positive feedback triggers a reward signal in the brain, reinforcing the action that caused it, and making it more likely to be repeated in the future.

But why would inconsequential positive feedback be a stronger motivator than the possibility of spreading disease? This may seem odd, but it fits well with what we know about the human brain.
Neuroscience suggests that when it comes to motivating action (for example, getting people to work longer hours or producing star reports), rewards may be more effective than punishments. And the inverse is true when trying to deter people from acting (for example, discouraging people from sharing privileged information or using the organization’s resources for private purposes) — in this case, punishments are more effective. The reason relates to the characteristics of the world we live in.
To reap rewards in life, whether it is a piece of cherry pie, a loved one, or a promotion, we usually need to act, to approach. So our brain has evolved to accommodate an environment in which often the best way to gain rewards is to take action. When we expect something good, our brain initiates a “go” signal. This signal is triggered by dopaminergic neurons deep in the mid-brain that move up through the brain to the motor cortex, which controls action.
In contrast, to avoid bad things — poison, deep waters, untrustworthy people — we usually simply need to stay put, to not reach out. So our brain has evolved to accommodate an environment in which often (though not always) the best way to not get hurt is to avoid action altogether. When we anticipate something bad, our brain triggers a “no go” signal. These signals also originate in the mid-brain and move up to the cortex, but unlike “go” signals, they inhibit action, sometimes causing us to freeze altogether. (Even in situations where real danger is imminent, the freeze response often precedes the fight-or-flight response that may follow it, like a deer in the headlights.)
Image result for managementThis asymmetry partially explains why electronic positive feedback was more successful at motivating the medical staff to wash their hands than the threat of illness to themselves and others. There are a number of other reasons too, such as social incentives, that I uncovered when researching and writing my book.
Other work demonstrates how we are biologically wired such that anticipating rewards elicits action. In an experiment led by neuroscientist Marc Guitart-Masip, which I and others collaborated on, we found that volunteers were quicker to press a button (that is, to act) when we offered them a dollar (anticipating a reward) than they were to press a button to avoid losing a dollar (anticipating punishment). However, they did a better job when they were asked not to press buttons (to not act) to avoid losing a dollar than they did when we offered them a dollar in return. In the latter case they sometimes instinctively pressed the button.
While we should be cautious translating such basic research to real-world situations, it would seem that creating positive anticipation in others (perhaps with a weekly acknowledgment of the most productive employee on the company website) may be more effective at motivating action than threatening poor performance with a demotion or pay cut. Fear and anxiety can cause us to withdraw and give up rather than take action and improve. In line with this notion, studies have shown that giving people small monetary rewards for exercising or eating healthily was more effective at changing behavior than warning of obesity and disease.

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There is another reason why warnings often have limited impact. Our researchhas shown that the brain encodes positive information (such as learning that the likelihood of obesity is lower than previously thought) better than negative information (such as learning it is higher). In fact, people often assume negative information is unrelated to them, but view positive information as very much relevant, which generates an optimistic outlook.
When we notice others making suboptimal decisions, we automatically fast forward in our heads and visualize their failure, leading us to warn them about the devastation we envision. But what the research here suggests is that we need to consciously overcome our habit of trying to scare people into action, and instead highlight the rewards that come with reaching our goals.



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