Tuesday, March 11, 2008

COMMENTARY: FIRST-SESSION KIBITZING, AND WHY COURTS SHOULD BE LIKE THE RMV

Another installment in my quest to visit 100 Massachusetts courthouses before the year is out. "I hope you enjoyed your dinner last night," the judge says to a jury in Concord District Court. "Did you stay up to watch the Red Sox last night? It went 11 innings before they blew it." The jury sits in a single row of chairs framed by a thin wooden railing and waits for the trial to resume. This courtroom provides a terrific perch from which to observe a trial. It's got a layout with elements of theater-in-the-round. The attorneys do their work in a sunken circle so that observers look down on all the action. Waves of tall brick walls spiral throughout this building, tying together courtrooms and making the building a quaint place to be. The attorneys in this case are arguing an auto-insurance matter. The claimants want cash for their stolen vehicle; the insurance company is suggesting that something fishy is going on. "You can't get to the bottom of things unless people give you honest information," says the lawyer for the insurance company in his closing argument. "And they have not provided it." The lawyer for the claimants then has his turn. "My clients have blemishes, but we all have blemishes," says the attorney. "How many molehills does it take to make a mountain? The emperor has no clothes. ... Or does he have clothes?" I'm confused, but then again, I tuned in late. In Newton District Court, there is an intercom announcement to alert people to the fact that the first session is beginning "in three minutes." Only a few courts seem to use the intercom system, and I wonder why. (This seems to come under the "makes-too-much-sense" category.) Is everyone aware that the Registry of Motor Vehicles has an electronic update-board system to alert "customers" as to when they will be helped? Is everyone aware you can monitor the wait times on the Internet? I mean, how terrific is that? Do you think maybe the courts have a bit of catching up to do? For all the earnest work that goes on in courts, let's face it: We are a system of primitive note-passing and nodding and whispering and searching for people who may or may not be in the building. Any of this sound familiar? Is attorney Parker here? Does anyone know? Put it on for second call. You haven't signed a waiver of counsel? Do that, then wait on a bench over there and the District Attorney's Office will find you. Victor Sanchez? Victor Sanchez? Victor Sanchez? Cripes. The Newton court provides another comfortable place for court business. The décor is colorful, with blue, brown and beige elements mixed with wood paneling in the main courtroom. In the row of seats in front of me, there are several seniors, and they are chatting in hushed tones. They seem to have no connection to any specific case and don't seem to be in a hurry to get anywhere. I mean, they're just sort of kibitzing. I start to wonder if they are simply spectators, fans of the court. There's a woman in custody who is here to answer charges of operating without a license and failure to wear a seatbelt. So, I'm umm wondering why she is in shackles. She appears behind the glass-windowed dock, looking weathered in something that appears to be a state-issued kimono kind of thing. It soon becomes clear. "Are you aware that the Taunton court is looking for you?" asks Judge Margaret A. Zaleski. "Yes," she says. "And the Fall River court?" the judge asks. "Yes," she says faintly. "How old are you?" asks the judge. I can't hear the answer, but man, she's young. "And you have three kids?" the judge laments. "I'm going to send you to Taunton to take care of that case," Zaleski says. The woman sinks in her seat and starts to cry. Later, I have the chance to sit down with Clerk-Magistrate Henry Shultz, who tells me that the Newton court is a "small but intellectual court." So, are those seniors sitting in the gallery really just there to watch all day? "Probably not," laughs Shultz. "But we do have our regulars here, a big senior-citizen population, retired people. We have to call for 'The Ride' a lot." The city's well-heeled population is reflected here in the court, says Shultz. "In Lowell, a small-claims dispute might be a dispute over a grocery bill," he explains. "In Newton, it's more likely a dispute over the custom-made drapes." Shultz has been at this for 37 years. "Every day is exciting," he says, his ear-to-ear smile appearing after every sentence. "I see the grandchildren of police officers I used to work with reporting for work. Sometimes I see the grandchildren of defendants as defendants." "Nothing is more important than the family," says Shultz, as if all of the court's business somehow comes down to that. "Nothing."

IN BRIEF: IN MICHIGAN IF YOU WERE TO ALLOW MOTORISTS ...

In Michigan if you were to allow motorists to choose less medical coverage on their auto insurance , they could save 10%. Also, they'd spend 90% more when they get hurt in a car. [ Detroit News ]

http://feeds.gawker.com/~r/jalopnik/full/~3/134701963/-279413.php

The views expressed on blogs distributed by Newstex and its re-distributors ("Blogs via Newstex") are solely the author's and not necessarily the views of Newstex or its re-distributors. Posts from such authors are provided "AS IS", with no warranties, and confer no rights. The material and information provided in Blogs via Newstex are for general information only and should not, in any respect, be relied on as professional advice. No content on such Blogs via Newstex is "read and approved" before it is posted. Accordingly, neither Newstex nor its re-distributors make any claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained therein or linked to from such blogs, nor take responsibility for any aspect of such blog content. All content on Blogs via Newstex shall be construed as author-based content and commentary. Accordingly, no warranties or other guarantees will be offered as to the quality of the opinions, commentary or anything else offered on such Blogs via Newstex. Reader's comments reflect their individual opinion and their publication within Blogs via Newstex shall not infer or connote an endorsement by Newstex or its re-distributors of such reader's comments or views. Newstex and its re-distributors expressly reserve the right to delete posts and comments at its and their sole discretion.

~~~~~~~~

By Ray Wert

Monday, March 10, 2008

COMMENTARY: SO MUCH FOR PROGRESSIVE INSURANCE COMPANIES

Progressive Direct issued a news release earlier this month touting the fact that it was lowering auto insurance rates in Colorado for the seventh time since 2003. Of course not every Colorado driver will see a decrease in their premiums — including me. Imagine my surprise when after reading the news release I realized that the company had increased my premium by more than $100 from what it was six months ago. I haven't had any wrecks. I haven't made any claims. I haven't received any moving violations. So why the out-of-the-blue rate increase? I called Progressive's customer service number to find out. The first person I talked with was very pleasant, but readily admitted that he couldn't answer my question. The woman I spoke with next responded to my questions, but didn't really have any good answers (at least in my opinion). My premium had increased, I was told, because my credit report was showing that in 2004 I was more than 30 days late (one time) in making a payment to some company that I've never even heard of. Heck, even if I had heard of it, I can't remember whether I was late paying a bill three years ago. My revolving credit balance also was "too high" on the day that Progressive decided to do the calculation and jack up my rate. When I mentioned my FICO score, I was told that it didn't matter because Progressive doesn't care about it when setting (jacking up) premiums. I was told that because of my 3-year-old late payment and my "too high" revolving credit balance (which often fluctuates depending on whether I'm waiting for an expense reimbursement check from work) I was a greater risk for missing a payment or making a claim and thus deserved a higher premium. I asked whether I had ever been late making a payment to Progressive (who I've had insurance with since 2004). The answer was no. I asked if I had had any claims or any moving violations. Again, the answer was no. I asked why my premium wasn't based on actual empirical data and my history with the company instead of on some screwed up algorithm. The answer was that's the way Progressive does business. Well, that's not the way that the right reverend's No. 2 son does business. And to say that I was overflowing with righteous indignation at that point would be an understatement. So, I asked to talk with someone who could actually resolve my problem and was told that there was nothing I could do, that I would have to live with the consequences of my less-than-stellar creditworthiness and that the company had every right to lump me into any category it wanted. To be really honest, I've never much liked insurance companies. They seem to love taking in premiums, but you'd better never ask for any of that money back in the form of a claim or they scream bloody murder, cancel your policy or cry that they aren't making enough profit. I still can't figure out how I suddenly became such an increased risk. But I am hopeful that there's another insurance company out there that will happily take my money every month without feeling the need to gouge me because some algorithm tells it to. Good deeds unrewarded Some of the latest news from Office Team was titled, "Don't let good deeds go unrewarded" (somehow I'm thinking Progressive is probably one of these companies, but maybe they do pass out bonuses and atta-boys to employers who stringently follow their silly edicts and run off paying customers). The gist of the OT survey was that more than a third (35 percent) of professionals polled said that businesses are ineffective at rewarding their employees' strong performance and that 30 percent of managers agreed. Diane Domeyer, executive director of Office Team said that businesses need to make retention a priority. "Rewarding employees for their accomplishments enhances productivity, reinforces positive behavior and builds staff morale and loyalty," she said. "Firms that fail to reward great work risk losing employees to businesses that do invest in recognition programs." And those rewards don't necessarily have to be monetary. Here a few other meaningful ways that OT says you can recognize good work: *Say thanks. Don't underestimate the power of saying "thank you," either in writing or in person. *Celebrate achievements. Honor employees' accomplishments in front of their peers. Staff events recognizing individuals or groups can enhance morale while highlighting exemplary behavior. *Give the gift of time. Reward staff accomplishments with extra days off or extended lunch breaks. Time away from the office allows staff members to recharge after major projects. *Provide plum assignments. Give strong performers the option of working on desirable projects. Doing so improves their motivation and enthusiasm for their work and encourages others to excel in their positions. Of course not having to jack up the employee portion of health care premiums also might be nice, but I'd be foolish to think that I was the only victim of the out-of-control insurance industry.

(c) 2007 Dolan Media

THIS AND THAT

While you should have a portion of your equity portfolio in emerging markets, Money magazine’s Jason Zweig explains why now is the wrong time to jump into these volatile stocks . An article in The New York Times points out why you should rebalance your portfolio . Ellen Roseman tackles some frequently asked questions on auto insurance . The Bank of Canada’s model suggests that the Canadian dollar is 3 cents higher than where it should be, reports The Star . Soaring auto insurance rates were an election issue the last time around in Ontario. James Daw writes in The Star that premiums have dropped 14% to 16% since 2003, but some brokers are anticipating an increase later this year. The federal government has launched a review of pooled RESPs following numerous complaints from Canadians over unexpected fees and restrictions on withdrawals for part-time students.

Financial

http://feeds.feedburner.com/~r/ccapitalist/~3/142706363/this-and-that-54

The views expressed on blogs distributed by Newstex and its re-distributors ("Blogs via Newstex") are solely the author's and not necessarily the views of Newstex or its re-distributors. Posts from such authors are provided "AS IS", with no warranties, and confer no rights. The material and information provided in Blogs via Newstex are for general information only and should not, in any respect, be relied on as professional advice. No content on such Blogs via Newstex is "read and approved" before it is posted. Accordingly, neither Newstex nor its re-distributors make any claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained therein or linked to from such blogs, nor take responsibility for any aspect of such blog content. All content on Blogs via Newstex shall be construed as author-based content and commentary. Accordingly, no warranties or other guarantees will be offered as to the quality of the opinions, commentary or anything else offered on such Blogs via Newstex. Reader's comments reflect their individual opinion and their publication within Blogs via Newstex shall not infer or connote an endorsement by Newstex or its re-distributors of such reader's comments or views. Newstex and its re-distributors expressly reserve the right to delete posts and comments at its and their sole discretion.