William Penn Life, 1996 (31. évfolyam, 1-12. szám)

1996-05-01 / 5. szám

Page 2, William Penn Life, May 1996

William Penn

LIFE

Official Publication of the William Penn Association Published Monthly Office of Publication:

709 Brighton Road Pittsburgh, PA 15233 Phone: 412/231-2979 Third Class U.S. Postage Paid Pittsburgh, PA Permit No. 2724

Frances A. Furedy Editor-in-chief

George S. Charles, Jr. Associate Editor

John E. Lovász Managing Editor

NATIONAL OFFICERS

Frances A. Furedy Acting National President National V.P./Treasurer

George S. Charles, Jr. National V.P./Secretary

BOARD OF DIRECTORS

Michael J. Hrabar Chairman

Roger G. Nagy Vice Chairman

Elmer A. Furedy Vice Chairman

Anthony C. Beke Louis A. Fodor Barbara A. House Michael R. Kara Andrew W. McNelis George F. Mirkovich Michael F. Tomcsak Elmer W. Toth Frank J. Wukovits, Jr.

Frank J. Radvany Secretary of the Board

AUDITING COMMITTEE Charles J. Furedy Chairman

Margaret H. Boso Secretary

Dennis A. Chobody Joseph Hamari Robert A. Ivancso Ernest J. Mozer, Sr.

CONSULTANTS

Bruce &. Bruce Company Actuary

Horovitz, Rudoy & Roteman C.P.A.

Rothman Gordon Foreman &. Groudine, P.C.

General Counsel

Dr. Julius Kesseru Medical Director

Unsolicited articles, letters, manuscripts, pictures and other material submitted to the WILLIAM PENN LIFE are forwarded at the owner's risk, and the WILLIAM PENN LIFE expressly denies any responsibility for their safekeeping or return. The WILLIAM PENN LIFE reserves the right to edit, revise or reject any article submitted for publication.

Postmaster: If undelivered, please send form 3579 to: William Penn Association 709 Brighton Road Pittsburgh, PA 15233

Association salutes FIC’s this month

PITTSBURGH - The William Penn Association proudly joins the National Fraternal Congress of America in saluting all Fraternal Insurance Counsellors during the month of May.

We especially would like to recognize those officers, employees and sales representatives of our Association who have earned the distinguished title of Fraternal Insurance Counsellor.

We congratulate the following individuals who serve our members according to the highest ethical and professional standards:

George S. (Pete) Charles, Jr., national vice president-secretary;

Debra S. Evans, life and annuity cash surrender claims;

Noreen Fritz, sales representative;

Michael F. Tomcsak, national director;

Richard W. Toth, chief underwriter;

E. E. Vargo, retired national president; and

Frank J. Wukovits, Jr., national director.

We also recognize National Director Barbara A. House and Sales Representative Alan A. Szabó who are both currently working towards earning their F1C designation.

Personal injury litigation

By Emil W. Herman, Esq., General Counsel

Proclamation

WHEREAS, Fraternal Insurance Counsellors have organized under the banner of National Association of Fraternal Insurance Counsellors; and

WHEREAS, Fraternal Insurance Counsellors are dedicated to support and maintain the principle of Legal Reserve Fraternal Life Insurance and to promote the adoption and application of high standards of ethical conduct in the profession of Fraternal Life Underwriting and the services of Fraternal Life Insurance; and

WHEREAS, Fraternal Insurance Counsellors strive to increase the knowledge of Fraternal Field Representatives concerning Legal Reserve Fraternal Life Insurance, to develop more successful sales methods and to render adequate service to Fraternal Members; and

WHEREAS, Fraternal Insurance Counsellors afford the opportunity of exchange of ideas among leading Fraternal Field Representatives; and

WHEREAS, Fraternal Insurance Counsellors endeavor to make it possible to bring before Fraternal Field Representatives the experience and knowledge of successful life underwriters; and

WHEREAS, Fraternal Insurance Counsellors pledge to uphold the highest of ethical standards toward their clients and to remain loyal to the Society to which their profession and service is dedicated; and

WHEREAS, the constancy and tirelessness of the Fraternal Insurance Counsellors continue to be the lifeblood of the Fraternal Benefit System;

Now, therefore, do I. Thomas E. Sheehan, president of the National Fraternal Congress of America, proclaim

May 1996

Fraternal Insurance Counsellor Month

and urge all fraternalists throughout the United States and Canada to join with me in heralding the accomplishments of Fraternal Insurance Counsellors and to note our gratefulness with pride.

Thomas E. Sheehan

President, National Fraternal Congress of America

Many lawsuits today have as a basis an injury to a person or property alleged to have been caused by some other person or entity. These types of lawsuits fall under the umbrella of "personal injury.”

Personal injury lawsuits can involve a number of situations. Suit may be brought by a passenger in an automobile involved in an accident against the driver of the car in which he was riding, or against the driver of another car involved in the accident. The suit may be against the grocery store where someone fell on a messy floor, or against the neighbor who failed to remove snow and ice from his sidewalk. Although the facts of each situation may be different, the majority of personal injury lawsuits are brought under a legal theory called negligence.

There are four basic elements to negligence law. First, the person causing the injury must have been required to act in a certain way (the "Duty”). Second, the person causing the injury must have breached the Duty. Third, someone must have been injured. Fourth, the injury must have resulted, at least in part, from the breach of the Duty.

To show how these elements apply in a real life situation, consider the injured party in an automobile accident. Every driver has a duty to drive in a safe manner, consistent with the laws of the state in which he is driving and road conditions. That becomes the Duty. If a driver is determined to have been "at fault” for an accident, that generally indicates the driver breached the Duty. If you were injured, and your injury resulted, at least in part, from the driver’s breach of the Duty, the driver may be liable to you for your injuries. The key word in that last sentence is "may.”

For example, if Driver No. 1 was driving too fast, but he was driving a fire truck to a fire, that might relieve him of liability. If, although Driver No. 1 was driving too fast, Driver No. 2 did not have his lights on at midnight, Driver No. 1 might be relieved of liability as well. As these examples indicate, there may be excuses for breach of the Duty.

Analyzing whether you have a personal injury which could be successfully litigated is a complex process, and should be done by a professional. Before you are able to visit an attorney, however, you need to abide by the following rules.

First, be careful what you say and do. Many personal injury lawsuits are won and lost on the basis of statements made by the parties involved. If you say, at the accident scene, "It’s all my fault,” or if you tell the treating physician you have been suffering from blurred vision, these statements could be admissable in court. While you cannot put treatment of your injuries in jeopardy by failing to

disclose relevant medical information, many times the most damaging comments never needed to be said, but were "small talk” thought to be of no real significance.

Second, do not talk to anyone or sign anything about the accident until you have contacted an attorney. Talking to the insurance agent who calls to see how you are feeling, or cashing the check you receive to pay for the repairs on your car, could all be dangerous to your rights in a personal injury litigation. Of course, there may be things you have tc sign. The policeman on the scene of the accident may insist you sign the accident report. You may have to sign a release for medical treatment at the hospital. If you cannot delay signing a document until after it has been reviewed by your attorney, you should at least review the document very carefully and be sure that you agree with everything in it. If you do not, insist that it be changed before you sign.

Third, keep copies of everything related to the accident—the receipt from the hospital where you paid the bill, the police report, the letter from the insurance company, all of your medical bills, the schedule of your therapy treatments, your own insurance policy. Encourage every pack rat tendency you have, because there is no way of telling what could prove important at a later date.

Fourth, if you are able, get the names, addresses and phone numbers of witnesses, either to the accident itself or to the scene after the accident. The person who stopped several minutes after the accident may have seen or heard something that is useful, even if he or she did not see the accident itself.

Fifth, see a lawyer as quickly as possible. Although it may be a year or more before you will have to bring suit, your memory should be more coherent and comprehensive closer to the time of the accident. Additionally, many personal injury lawsuits can be settled through negotiation with the insurance company for the responsible party. If you wait too long before seeing an attorney, you may prevent that negotiation and cost yourself unnecessary legal fees. Finally, under some circumstances, there are notice requirements to be met that are much shorter than a statute of limitations. If you fail to meet those notice requirements, you could lose or reduce the amount you could otherwise recover.

While none of these steps will make your injury any less painful, they can make the process of recovering for your injury much less difficult.