Maytag Recalls Refrigerators Due to Fire HazardWASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Name of product: Maytag®, Jenn-Air®, Amana®, Admiral®, Magic Chef®, Performa by Maytag® and Crosley® brand refrigerators Units: About 1.6 million Manufacturer: Maytag Corp., of Newton, Iowa Hazard: An electrical failure in the relay, the component that turns on the refrigerator’s compressor, can cause overheating and pose a serious fire hazard. Incidents/Injuries: Maytag has received 41 reports of refrigerator relay ignition, including 16 reports of property damage ranging from smoke damage to extensive kitchen damage. Description: The recall includes certain Maytag®, Jenn-Air®, Amana®, Admiral®, Magic Chef®, Performa by Maytag® and Crosley® brand side by side and top freezer refrigerators. The affected refrigerators were manufactured in black, bisque, white and stainless steel. They have model and serial numbers printed on a label located on the top middle or left upper side of the refrigerator liner and have the following model and serial number combinations: | | Serial Numbers ENDING with | AND Model Numbers BEGINNING with |
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Side by Side Refrigerators | AA, AC, AE, AG, AJ, AL, AN, AP, AR, AT, AV, AX, CA, CC, CE, CG, CJ, CL, ZB, ZD, ZF, ZH, ZK, ZM, ZQ, ZS, ZU, ZW, ZY, ZZ | ARS, CS, JC, JS, MS, MZ, PS | Top Freezer Refrigerators | AA, AC, AE, AG, AJ, AL, AN, AP, AR, AT, AV, AX, ZK, ZM, ZQ, ZS, ZU, ZW, ZY, ZZ | AT, CT, MT, PT |
Refrigerators with freezers on the bottom are not included in this recall. Sold at: Department and appliance stores and by homebuilders nationwide from January 2001 through January 2004 for between about $350 and $1600. Manufactured in: United States Remedy: Consumers should immediately contact Maytag to determine if their refrigerator is included in the recall and to schedule a free in-home repair. Consumers should not return the refrigerator to the retailer where it was purchased. Consumer Contact: For more information, contact Maytag toll-free at (866) 533-9817 anytime, or visit the firm’s Web site at www.repair.maytag.com
With headlines like this no one can afford to recognize and pursue every possible recovery avenue. The nation's top P/C firms saw a 67.7% drop in net income from 2007 to 2008, hitting a seven-year low. Those figures, compiled from a Highline Data report on sector earning in 2008, show the top 100 P/C firms netted only $15.8 billion last year compared with $48.8 billion the year before. The report finds the sector in its weakest position since right after the Sept. 11, 2001, attacks. NU Online News Service, Mar. 5, 2:43 p.m.
Catalina Lighting Recalls Halogen Clamp Lamps Due to Fire and Burn Hazard; Sold Exclusively At Staples StoresWASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. Name of Product: Halogen Clamp Lamps Units: About 2,000 Manufacturer: Catalina Lighting Inc., of Miami, Fla. Hazard: The UV glass lens on the lamp can crack, exposing the halogen bulb, posing a fire and burn hazard. Incidents/Injuries: Catalina Lighting has received 65 reports of broken lenses. No injuries have been reported. Description: The halogen clamp lamps, also known as architect’s lamp, have 150 watt halogen bulb, an articulating arm, and a clamp desk lamp that adjusts up, down and swivels. Only lamps with model number 13456-US and lot numbers C06081581V185, C06081582V185 and C06081584V185 are included in the recall. Sold at: Staples retail stores nationwide from July 2008 through October 2008 for about $50. Manufactured in: China Remedy: Consumer should immediately stop using the recalled lamp and contact Catalina Lighting to receive a free replacement lens. Consumer Contact: For additional information, contact Catalina Lighting toll-free at (866) 949-8567 between 8 a.m. and 5 p.m. Monday through Friday or visit the firm’s Web site at www.catalinalighting.com
We are three short weeks into the new year and the insurance industry is facing the same issues we were looking at in the last half of 2008 - a soft market and lower or stagnant investment income. Our clients share with us the freezing of budgets and how employees are not being replaced as they attrition out. Doesn't sound very promising, but I refuse to believe we only need to look at the bleak side of the situation when it comes to driving revenue for an organization. Although the soft market and premiums are not as good as we would like to see, I'd like to argue the third leg of the three legged stool is not being maximized as it should - the use of an effective subrogation strategy to enhance the bottom line. I believe we would agree, in handling your personal checkbook, that if someone owed you a large sum of money that you would be aggressive in pursuing the money. Why should it be different for a company to treat those dollars, paid on behalf of their policyholders, to be handled differently? Claim payments obviously have a direct impact on the profitability of the company and the off-setting recovery of the dollars has an equal importance on improving profitability. Most organizations have some form of subrogation process, but that doesn't mean the process is being maximized, especially if the subrogation is being handled by the front-line claims staff. This is in no way to be derogatory to the those hard working individuals taking extraordinary care of settling claims for their policyholders, but I've been there - BI claims, total losses, and the myriad of other pressing claims keeps the adjuster from concentrating on the "closed file in the drawer" which needs a recovery. I'm not saying the file won't get handled, but time is money. Therefore, unless a staff person's full time job is to handle (and become an expert in) subrogation claims, recoveries won't be maximized. I also challenge each CEO, CFO, VP of Claims, or others familiar with the calculation of a combined loss ratio to determine how many policies would have to be sold in order to realize an increase of 10% (substitute any number here). Whether or not a company is handling their subrogation internally in a centralized manner or if they are outsourcing the subrogation function, subrogation recoveries should be considered a prime source of revenue. People aren't going to quit having claims. Not much that can be done about that. However, you can still maintain profitability through your effective subrogation strategy. Feel free to contact me if you would like to receive a list of key measurement questions to determine the effectiveness of your subrogation process - kevin.may@acclaimresource.com.
Just in time for Thanksgiving, GE is recalling 244,000 wall ovens from its GE, GE Profile, Monogram and Kenmore lines because they pose fire and burn hazards. The company has gotten 28 reports of property damage to kitchen cabinets that occurred when heat escaped from the ovens during the self-cleaning cycle. There have been no reported injuries.
The hazard, according to the recall notice issued by the Consumer Product Safety Commission, occurs when the door to the wall oven has been removed and then incorrectly reinstalled by the owner or a serviceman. This allows the extreme heat generated during the self-cleaning cycle to escape. The recall includes single and double wall ovens as well as microwave-wall oven combinations, which were made in white, black, bisque and stainless steel. Manufactured in the U.S., the ovens were sold in home builder and appliance stores nationwide from October 2002 to December 2004 for between $900 and $3,600. Consumers should immediately inspect their ovens to make sure they do not have an incorrectly re-attached wall oven door, which will not open into the flat position. If the wall oven door is incorrectly re-attached, consumers should stop using the self-cleaning cycle and call GE for a free repair. Consumers can continue to use normal baking or broiling function in the oven until the oven is repaired. The following model and serial numbers can be found inside the oven on the left interior wall. For microwave combination ovens, the serial number is on the left interior wall of the microwave. GE/Profile Model numbers: JCT915, JT912, JT915, JT952, JT955, JT965, JT980*, JTP20, JTP25, JTP28, JTP48, JTP50, JTP86 (*lower oven only) With serial numbers beginning in: TD, VD, ZD, AF, DF, FF, GF, HF, LF, MF, RF, SF, TF, VF, ZF Monogram Model numbers: ZET3058, ZET938, ZET958 With serial numbers beginning in: TD, VD, ZD, AF, DF, FF, GF, HF, LF, MF, RF, SF, TF, VF, ZF Kenmore (All model numbers start with 911) Model numbers: 4771, 4775, 4781, 4904, 4905, 4923* (*lower oven only) With serial numbers beginning in: 2T, 2V, 2Z, 3A, 3D, 3F, 3G, 3H, 3L, 3M, 3R, 3S, 3T, 3V, 3Z For additional information, contact GE toll-free at (888) 569-1588 between 8 a.m. and 8 p.m. Monday through Friday, and between 9 a.m. and 3 p.m. Saturday ET, or visit the firm's Web site at www.GEAppliances.com and type in your model and serial number to see if your oven is affected by the recall.
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. Name of Product: Blue Ember Gas Grills Units: About 47,000 Importer: Fiesta Gas Grills, of Dickson, Tenn. Manufacturers: Keesung Manufacturing Co. Ltd. and Unisplendor Corp., of China Hazard: The gas grills can be assembled improperly exposing the gas burner hoses to excessive heat, posing fire and burn hazards to consumers. Incidents/Injuries: Fiesta has received 14 reports of grill fires. No injuries have been reported. Description: The recall involves Blue Ember liquid propane (LP) or natural gas outdoor grills. The recalled model and serial numbers are listed below. The model and serial numbers are printed on a rating plate label on the rear of the grill. The cabinet style grill has two doors and is silver-colored and black or silver-colored and gray. "Blue Ember" is printed on the grill's hood. | Model Numbers | Serial Numbers |
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| FG50057 or FG50069 | 08K018821-08K018948 08K043658-008K043785 08K018309-08K018692 08K018693-08K018820 08K044554-08K044681 08K054921-08K056968 08K026501-08K033172 08K052233-08K053512 08K057481-08K057864 08K057765-08K060045 08K033317-08K038068 08K040117-08K042708 08K044572-08K047883 08K048790-08K051669 08K000001-08K000640 08K007425-08K007808 08K053641-08K054920 08K000641-08K000768 08U042773-08U046804 | 08K006915-08K007042 08K044042-08K044297 08K048396-08K048523 08K007299-08K007426 08K044298-08K044425 08K018949-08K019332 08K016003-08K016258 08K017797-08K017924 08K044426-08K044553 08K048268-08K048395 08K017925-08K018052 08K042277-08K042634 08K015875-08K016002 08K053385-08K053640 08K007043-08K007298 08K038069-08K038196 08K051926-08K052052 08K060193-08K060320 |
Sold at: Various home centers and retailers nationwide from November 2007 through June 2008 for about $450. Manufactured in: China Remedy: Consumers should immediately stop using the grills, and inspect the burner hoses to make sure they have been properly assembled. If the hose is to the rear of the installed heat shield, the grill has been improperly assembled and consumers should contact Fiesta for replacement hoses, assembly instructions, and if necessary, for assistance in examining the grill. Consumer Contact: For additional information, contact Fiesta toll-free at (866) 740-7849 between 7 a.m. and 5 p.m. CT Monday through Friday, visit the firm's Web site at www.fiestagasgrills.com (note: this is a .doc document), or email the firm at mnorman@fiestagasgrills.com
Will New Product Safety Law Be A Boon To Insurers? BY DANIEL HAYS NU Online News Service, Nov. 13, 3:25 p.m. EST The new Consumer Product Safety Act may prompt some litigation by whistleblowers, but in the long run it should reduce claims against insurers, according to an attorney who represents whistleblower interests. That assessment of the law--which was disputed by a product liability lawyer- -comes from Stephen Kohn, president of the non-profit National Whistleblower Center. Mr. Kohn's viewpoint was rejected by Frank Citera of Greenberg Traurig in Chicago, who heads firm's product liability practice group. He said he doubted whistleblower involvement will help insurers. Mr. Kohn's group next week is sponsoring a seminar to brief attorneys on new protections in the law for employees who are fired for going public with product problems. The Act--passed on Aug. 8 in an effort to improve the safety of children's toys, and keep toxic playthings from the marketplace- -gives whistleblowers the right to bring an action for a jury trial to obtain reinstatement and compensatory damages for emotional distress and loss of reputation, as well as attorneys fees. Mr. Kohn said the Act--which covers 15,000 products, from bicycle helmets to blasting caps--may result in individual whistleblower suits. But he argues that if the worker's disclosure keeps a defective product off the market before consumers are harmed, it could avert hundreds of millions of dollars in injury claims, and class actions. "This is in the long-term best interests of the insurance companies," he said, adding that insurers should be supportive of whistleblowers because, "it's a money saver." It would be counterproductive for insurers, according to Mr. Kohn, "if they don't support and educate employees as to their rights." Insurers, he suggested, "should require companies to have a mechanism to obtain internal [employee] complaints as a requirement to be insured." For publicly-traded companies, he noted, there is already a requirement that they have an employee concerns program, "but that only covers fraud against shareholders." Insurance companies, according to Mr. Kohn, are in the best position to make sure companies have mechanisms to learn about defects before there is a big lawsuit. The attorney said he is currently handling the case of an employee who was fired in 2001 for raising an alarm about defective bullet-proof vests, which had material that was degrading. Two years after his firing, a policeman was shot through the vest and another suffered permanent injury from a bullet that penetrated. Two years later, the Department of Justice withdrew the vest from the market. Mr. Kohn said insurers most likely covered the two failures, but his client's actions "probably prevented hundreds of injuries." Mr. Citera said Mr. Kohn's notion was "a perverse viewpoint." The whistleblower component of the law, he said, has been one of great concern to companies. "I think the Act will be a bit of a boon for the plaintiffs' bar that ultimately would impact the insurance industry," he predicted. In a perfect world, he said, a worker on the assembly line who sees a defect would prevent the product from hitting the market sooner, "but historically employees reluctant to blow the whistle." Mr. Citera added that it would be unlikely the average employee would be aware of protections afforded by the Act. And, in the course of his experience doing product recall cases, Mr. Citera said he could not recall many employee warnings. Ultimately, he said he thought whistleblower involvement will have little impact on cutting down products that don't comply with the Act.
U.S. Consumer Product Safety Commission
FOR IMMEDIATE RELEASE September 30, 2008 Release #08-413 | Firm's Recall Hotline: (800) 925-6278 CPSC Recall Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908 |
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. Name of Product: General Electric Toasters Units: About 210,000 Importer: Wal-Mart Stores Inc., of Bentonville, Ark. Hazard: An electrical short circuit can occur between the heating element and the bread cage, posing a fire and electrical shock hazard to consumers. Incidents/Injuries: Wal-Mart has received 140 reports of fires or sparks coming from the toasters or the toasters tripping the circuit breaker in consumers' homes. No injuries have been reported. Description: The recalled toasters have a chrome steel body, a black plastic base and controls with either two or four openings in the top. The GE logo is located on the front of the toasters just above the controls. Model numbers 169115 and 169116 are included in this recall. The model number is printed on the bottom of the toasters. 4-Slice | 2-Slice | 169115 | 169116 |
Sold at: Wal-Mart Stores nationwide from September 2007 through July 2008 for between $17 and $28. Manufactured in: China Remedy: Consumers should immediately stop using the recalled toasters and return them to any Wal-Mart for a full refund or replacement toaster. Consumer Contact: For additional information, contact Wal-Mart at (800) 925-6278 between 7 a.m. and 9 p.m. Monday through Friday, or visit the firm's Web site at www.walmartstores.com Office of Information and Public Affairs | Washington, DC 20207 |
Locally, the big health care story unfolding is Provena is appealing a ruling by the 4th District Appellate Court denying its tax exempt status as a not for profit hospital. By way of background, several years ago, Provena engaged in a practice of "dunning" the indigent who received care at one of their facilities and then eventually requesting a bench warrant for the patient's arrest for not appearing in court. As bad as this sounds, the real discussion lies in what qualifies as charitable care such that the hospital's not for profit status can remain in good standing with the Illinois Department of Revenue and the Internal Revenue Service? There are many angles to consider but one I think bears the most scrutiny is can a metro area the size of Champaign-Urbana economically support two hospitals? Without passing judgment, is Provena willing to open its books and demonstrate where every single nickel is allocated? Where do its patients come from? What percentage have insurance or inadequate insurance? The list goes on and on. Stay tuned because the hospital industry is watching this very closley.
Every now and then even a cynic like me can simply stare in disbelief at the dysfunction in the health care marketplace. I recently read that Medicare is no longer going to reimburse providers for sevices that result in either malpractice or were by mistake. What other business on the planet can operate in this capacity and why, after 40 years of being LBJ's lynchpin program of his "Great Society" is this now just being addressed? "I am sorry, sir but I amputated the wrong leg. Now, your insurance coverage will only cover 50% of our billed charges but we can certainly work out an installment arrangement that fits your budget." Amtrack, the US Postal Service and Medicare are government run programs that suck off the American taxpayer like a malnourished infant. When everybody wakes up and realizes we all have been duped at our own expense and you are booking your cardiologist's 6 week European vacation, my heartfelt condolences are with you. Now, having spent many years working inside a health plan, I am acutley aware of the aristocracy which exists between physicians and the rest of "them." I can assure folks that unless and until both sides of the health care equation (payors and providers) are willing to sit down and openly discuss pricing mechanisms and the true cost of medical services, anybody who must access the health care system will be grist for the mill.
Although I'm not much of an "Olympics guy", I couldn't help but watch the swimming events, especially the accomplishments of Michael Phelps and Dara Torres. I was in awe of their commitment to accomplishing their goals even though both are on opposite ends of their careers (although I wouldn't count Torres out too soon). Both knew that in order to reach their goal, they would need to not only have a plan, but be committed to implementing it and staying with it for the long-run. It obviously wasn't easy, but they stuck with it and became the best they could be. If you think they accomplished this by themselves, think again. They had coaches, nutritionists, and a number of other individuals to keep them limber and motivate them towards their goal. It is the classic example of personal accountability with a team effort. I know each of their team members were also striving to be the best they could be and to reach their goals. Keep in mind, if it wasn't for one of Phelps' team-mates swimming a phenomenal leg, Phelps would have had 7 golds and 1 silver! Still not bad, but due to this team-mate's efforts, Phelps now holds a record 8 gold medals. Same applies for Torres (who was swimming in her first Olympics the year before Phelps was born). She has 12 medals over her career beginning with the 1984 Olympics! There are a number of lessons we can take from Phelps and Torres: 1. The drive to excel comes from within: - We will not accomplish our goals unless we are passionate about reaching the end result. 2. Planning is essential : - We need to know how we will get from Point A to Point B. 3. Hard work is part of the process: - We can't rely on someone else to accomplish our own goals. 4. Personal accountability is essential: - Excuses don't cut it. 5. Teamwork is imperative: - Our team is there to encourage us and lift us up when we struggle. They are there to keep us pushing towards the goal. 6. Celebrate the Successes: - Enjoy the fruits of your labor. Celebrate when you reach the mark and then go set the next mark higher! We each have a choice when we put our feet on the floor in morning as to how our day is going to go. This doesn't mean we will enjoy each issue we face, but it does mean we have a choice as to how we deal with them. Live your day passionately and celebrate YOUR "Olympic successes"!
I can't help but look back over the last two months and wonder "where has this year gone already?". If any of you are like me, I'm tired of winter and am looking forward to some warm weather. However, as much as I'm planning on enjoying the warmth, I know there isn't a lot (ie absolutely nothing) I can control as it relates to controlling the weather. However, that is different in planning for a new year. We set our subro recovery goals (both internally and for our clients) at the beginning of the year giving us our destination. Granted, there will be roadblocks, potholes, and the unexpected as we travel this road, but it's all about setting the course and preparing for those "bumps in the road". It's so important for all of us to be able to see the goal and then be able to plan the route to accomplish them. For me, it is a daily evaluation of what has been accomplished and what I need to do today to keep moving forward. Subrogation is not only recovery focused, but as equally important focused on delivering on the promise to take care of our/your clients in the event of a loss. I believe too many times we are focused only on the bottom dollar (very important!) and forget about the person waiting for the deductible. My challenge to all of you is to plan your day so you take the steps necessary to deliver on "the promise" and to maximize recoveries. Might be as simple as staying up on your "diaries", returning calls, or getting those arbs written. Whatever it is, keep moving forward and don't forget those we serve.... Subrogation: Live it! Breathe it! Share it!
Question: "If you insured several tenants in a apartment complex and one of your insured's caused the fire and your other tenants had damaged and we paid a claim for damages. Can you subrogate against your own company for the tenant that caused the fire ? Another factor in all of this is that the loss is greater then the policy limit. We have tenants that are insured with us and other tenants that are insured with other carriers and also damage to the apartment itself. Would the other carriers frown upon pro-rating the loss with us being added as a claimant ? or would it be best to just refund the insured's back there deductible based on the loss ratio ?" Answer: I have dealt with a situation such as this before, and it does cause several issues. Ultimately, you have to look at the best representation of the insured in either situation. So for you as the subrogation adjuster, I would look to pursue to the fullest extent possible especially if you consider what affect that loss may have on your insured's underwriting even if you absorb the deductible. Yes you will probably get some push back from the other carriers involved with regard to your pro rata participation, but it's an argument I have won on a few occasions. An issue to consider is what is the financial impact of the case, and from an overall handling standpoint, is it cost effective to proceed. In a case such as this you will have to have your own counsel to proceed in the pro rata and protect your lien. One pitfall to avoid is representing your insured out of pocket damages without a signed handling agreement outside of your policy. One such situation led to the carrier being barred from dropping the litigation even though it was not cost effective, as early in the file they agreed to rep the insured's OOP interest without a litigation agreement.
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