60 th annual school for highway superintendents
Download
Skip this Video
Download Presentation
60 th Annual School for Highway Superintendents

Loading in 2 Seconds...

play fullscreen
1 / 16

60 th Annual School for Highway Superintendents - PowerPoint PPT Presentation


  • 79 Views
  • Uploaded on

60 th Annual School for Highway Superintendents. Record Keeping & Liability Robert Bambino NY Municipal Insurance Reciprocal June 7, 2005 Ithaca College. What We’ll Cover:. Insurance Coverage for Highway Employees Claims Reporting Prior Written Notice Sidewalk/Tree Inventories

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' 60 th Annual School for Highway Superintendents' - teness


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
60 th annual school for highway superintendents

60th Annual School for Highway Superintendents

Record Keeping & Liability

Robert Bambino

NY Municipal Insurance Reciprocal

June 7, 2005

Ithaca College

what we ll cover
What We’ll Cover:
  • Insurance Coverage for Highway Employees
  • Claims Reporting
  • Prior Written Notice
  • Sidewalk/Tree Inventories
  • Employee Record Keeping
why this topic
Why this Topic?
  • Poor record keepingcan establish liability
  • It often implies liability or fault
  • It creates an appearance of disorganization

Why?

However …

When done properly – it can help prove facts

or win a law suit.

1 insurance coverage
1. Insurance Coverage

General Liability Policy

  • Includes employees as “insureds” for accidents that arise out of employment for the Town. Includes defense and indemnification.

Automobile Liability Policy

  • Anyone using a covered auto with permission

Public Officials Policy

  • Employees as insureds

Excess Insurance

  • Additional limits of coverage above the liability policies
2 record keeping claims reporting
Contractual Requirements

Report claims

(or potential claims) promptly

Forward legal papers immediately

Safeguard damaged property

Claims Management

If possible – protect evidence (store or photograph)

Don’t speak with investigators or attorneys unless they are properly identified

2. Record Keeping: Claims Reporting
3 prior written notice pwn
3.Prior Written Notice (PWN)
  • PWN laws require written notice as prescribed in the law to the Town Clerk or Town Superintendent of Highways
  • They don’t prevent accidents – they help win lawsuits
  • In general – actual notice isn’t sufficient to create liability (major exception: Town creates the condition)
pwn record keeping
Superintendent of Highways

Record date, location and reported defect

Refer to Clerk

Keep copy of the notice

Record response (repairs, removal, etc.)

PWN – Record Keeping
what is reasonable time
What is “Reasonable Time?”

“…address the removal of the defect withina

Reasonable period of time…”

  • Nature of defect
  • Workload
  • Staff
  • Budget
  • Miles of streets/roads Town maintains

…ultimately – it’s a question for the jury to decide

pwn sidewalks transferring liability to property owners
PWN – Sidewalks: Transferring Liability to Property Owners
  • Towns can transfer responsibility for sidewalk repair/ maintenance to property owners
  • Towns can pass tort liability to property owners as well
  • Local ordinance must specifically mention tort liability – not just repair and maintenance
challenges to the pwn defense
Telephone/ Walk-In Notices

Don’t accept as formal notice

Give complainant a copy of the PWN law

Check out defect regardless

Defects in PWN

Doesn’t include a reference to snow and ice conditions

Doesn’t include a reference to the clerk or highway superintendent

Challenges to the PWN Defense
4 sidewalk tree inspections and inventories
Sidewalks

Prioritize in terms of the potential for injury

-- location

-- severity

Then repair, replace or cordon off

Trees

Keep an inspection record

-- can be part of supervisor’s daily log/notes

Indicate why tree wasn’t removed

Usual issue if there is a claim: “If you inspected a tree, why didn’t you take it down?”

4. Sidewalk/Tree Inspections and Inventories
5 documentation and employee record keeping
Snowplow Operations

Dates, employees (or contractors) and routes

Helps prove what roads were paved – or not paved – why and when

Contractors

Maintain contracts and work records

Certificates of insurance also

If Town has additional insured status – notify the insurer if an accident occurs

5. Documentation and Employee Record Keeping
documentation and employee record keeping
Documentation and Employee Record Keeping
  • Inconsistency = creates problems
  • Records are subject to scrutiny during complaints hearings and litigation
  • Affects wrongful termination claims:

-- If fired for cause

-- If basis for civil service hearing

employee record keeping
Employee Record Keeping
  • Records must reflect actual performance

-- if employee has weaknesses/performance issues – personal reviews must reflect the issues

-- if late, absent/ time sheets must reflect it

-- if counseling sessions held – memorialize the discussion

  • E-mail and Internet Sites

-- permanent record

questions
Questions?

This Presentation is on NYMIR Web Site:

www.nymir.org

In the Risk Management Section

ad