The technological advances in electronic communication have created changes in the way people deal with each other and transact business, requiring insurers and the law governing insurance to play catch up.
For example, the possible theft and deliberate or accidental release to the world of electronic information have raised coverage and liability issues that were unimaginable 10 to 20 years ago.
A much more mundane issue created by these technological changes was how to reconcile the need for a person’s signature where required by law with electronic communications or transmissions, which do not contain handwritten signatures.
The answer seemed pretty straight forward: the law should recognize “electronic signatures” to be as valid and binding as handwritten signatures. And, in general, this is exactly what happened. In the early 2000s, most states enacted the Uniform Electronic Transactions Act, which, among other things, recognized electronic signatures as valid and legally binding.
The case illustrates that electronic signature for insurance is not guaranteed immunity against factual challenges to their authenticity.
While electronic signatures do not naturally spring to mind as a topic sure to capture attention, the Louisiana Fourth Circuit Court of Appeals recently issued an interesting opinion dealing with challenges to the validity and effectiveness of an electronic signature.
In Bonck v. White, Bonck purchased an automobile insurance policy from Progressive Security Insurance Co., which excluded uninsured/underinsured motorist bodily injury coverage (UMBI). Bonck went to the office of a Progressive agent to buy the policy, but completed and signed the insurance application online with the agent’s assistance.
After buying the policy, Bonck was involved in an automobile accident and filed suit against the other driver and against Progressive as her UMBI carrier. Progressive denied any UMBI coverage and presented to the court the waiver of UMBI form required by the State of Louisiana which was initialed and signed electronically by Bonck. She argued that, however, electronic signatures could not be used on insurance policies and also denied that she had signed the form waiving the UMBI coverage.
The trial court granted summary judgment in favor of Progressive and dismissed Bonck’s claim.
Valid or Not?
On appeal, the first question addressed by the court was whether an electronic signature was valid with respect to insurance coverage.
In considering this issue, the court noted that Louisiana has a statutory requirement that to be valid, the waiver uninsured motorist coverage had to be made by the insured on a form prescribed by the Louisiana Commissioner of Insurance. The court then noted that Section 2607 of the Louisiana Uniformed Electronic Signature Act, L.R.S. 9:2601, et seq., provides:
- A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
- A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
- If a law requires a record to be in writing, an electronic record satisfies the law.
- If a law requires a signature, an electronic signature satisfies the law.
In light of this statute, the question of whether an electronic signature would be valid to waive UMBI coverage would seem to be an easy call. However, the court remarked that it could find no cases in Louisiana applying the Uniform Electronic Signature Act to an UMBI form.
Further, the only case to even mention the statute involved in an arbitration clause in an incentive program contract and the court found that case offered “no guidance” with regard to an electronic signature on a UMBI form. Nonetheless, the court noted that the Commissioner of Insurance elected for the period shortly after the Uniform Electronic Signature Act was enacted in Louisiana had issued an advisory letter authorizing the use of document signing software in transacting the business of insurance in Louisiana.
Reasoning that the waiver of UMBI coverage fell within the transaction of insurance business in Louisiana, the court concluded that the Uniform Electronic Signature Act does apply to automobile insurance policies in general and the waiver of UMBI cover specifically.
However, the court was quick to note that this finding did not end the case.
Bonck had denied electronically signing the UMBI form in an affidavit submitted to the trial court. She also pointed out that the UMBI waiver form was dated four days after the date she had completed the initial application online and also that it contained a different spelling of her first name than what she normally used.
The court concluded that her affidavit and with the discrepancy in date were sufficient to create a fact issue requiring further proceedings in the trial court.
The court was quick to disclaim any reliance on the sole case applying the Louisiana Uniform Electronic Signature Act to an agreement because that case involved an arbitration clause in an employment agreement rather than an insurance contract. The insurance commissioner’s advisory letter, on the other hand, appeared to be the decisive factor to the court.
While it cannot say that, absent the advisory letter, the court would have ruled that the Uniform Electronic Signature Act did not apply to insurance policies, the court’s reasoning leaves open the possibility that it might have found that electronic signatures had valid and binding when used in general private contracts, but not when used in insurance policies.
While insurance policies are at their essence a contract between two parties, they has heavily regulated by most states in the various statutory requirements imposed on them could justify treating them differently from other private contracts. There do not seem to be many cases which have addressed the applicability of the electronic signature laws to insurance contracts. While the end result in the Bonck case is what insurers would have expected, insurers should note with caution that its reasoning could lead to different results in states other than Louisiana.
In addition to the purely legal issue of whether electronic signatures on insurance policies are valid, the case also illustrates that electronic signatures has not guaranteed immunity against factual challenges to their authenticity. Indeed, any electronic glitches in the document could provide the basis for disputing an electronic signature.
In summary, However, a closer reading of the court’s reasoning and the facts of the case reveal a more interesting and nuanced opinion which could have led to a surprising result if one or two facts were different.
Looking for commercial cleaning in Dallas?
What type of commercial cleaning service are you looking for in Dallas? There are many different types of services you can take advantage of. Whether you need a major cleaning job for a specific reason or you want an ongoing cleaning and maintenance program, you can always find a company willing to help. Keeping your workplace clean is not only good for the company’s image; A must for health and safety. It also keeps your building in good condition. Whether you own a building or rent it out, regular cleaning and maintenance is essential to prevent damage to the building. If this is your building you don’t want to ruin your investment and if it is a rental building it is basically your responsibility to keep it in good condition.
You can arrange a daily cleaning where a company such as a commercial cleaning company in Dallas (or a local cleaning company if you’re not in the state of Texas) comes in to empty the trash cans, remove the trash, and vacuum the carpets. Clean floors, mop and clean surfaces. . You can also have a deeper cleaning done on a weekly, monthly and yearly basis. There are a variety of packages offered by professional companies, and they can sit down with you to find the package that best suits your Erhvervsrengøring needs.
Some companies will provide you with what you need as part of their service.
Think toiletries, kitchen equipment, waste bags, and cleaning products. Other companies charge extra when these services are needed, but are willing to clean up your supplies. Most business needs work best when your contract company provides these value-added services and delivery. In addition to regular cleaning, you can have your carpets washed from time to time, office furniture upholstery cleaning, wood care, leather furniture care, germicidal treatments (especially during flu and cold seasons), anti-static carpet care, special event details and more. A professional company will tailor your service to your needs.
Some small businesses will try to clean up their offices,
But their offices will inevitably look run-down. If you’re a small business, getting one may seem expensive at first, but such services can be part of your tax deduction for the cost of running your business. When you hire a company to clean your business, most people can do the cleaning outside of business hours, so it won’t affect your business. Many companies provide keys and/or security codes to cleaning services so the job can be done after hours. That’s why it’s important to find an insured and affiliated cleaning company so you can make sure their employees are not only trained but also screened for criminal backgrounds.
Fortunately, with the help of the Internet,
Finding a commercial cleaning service is easier than ever. From the comfort of a desk, cubicle or home office, a person can go online and find providers, read reviews and request quotes with a click of the mouse. One of the best places to find commercial cleaning services is local search engines like Google Maps and Yahoo Local. Simply enter the city or zip code you want to get cleaning services from, and then choose from the companies that appear in the search. Local search engines also allow you to see reviews from previous customers who may or may not be satisfied with the company’s work. This feature is useful for those who cannot see commercial cleaning companies in person due to time constraints and have to rely on feedback from other companies in the same position.
Another quick way to find commercial cleaning services is to search Craigslist.
Craigslist is an open forum site where content for goods and services is created by users. Because providers can list their services on Craigslist for free, potential customers can learn more about the commercial cleaning business as they are not limited to the paid advertising spaces found on traditional service listings. Similarly, cleaning companies often list discounts or coupons on their Craigslist listings, providing additional savings for companies considering cleaning services.If you are a business owner, you know very well that the time before and immediately after the winter holidays offer many opportunities to relax and start the New Year peacefully. However, one thing you should do is hire a commercial cleaning service
How to Find a Good Car Transporter￼
Car transporters have different types of services. Some of them are cheaper than others. Enclosed transport is the most expensive, and open-transport is the least expensive option. If you are moving to a different state, you may need to find a way to transport your car safely and legally. You should also make sure to have all of the proper paperwork in order. You should also plan your route carefully to ensure that it will arrive in its new home in one piece. It is also important to allow adequate time for emergency situations and rest stops. Professional services are required to transport your vehicle.
Open-Transport is the cheapest way to ship a car
Open-Transport is the most economical way to ship a car across the country. The open-carrier shipping method saves fuel and oil. In addition, it offers terminal-to-terminal delivery.
Terminal-to-terminal shipping is cheaper than door-to-door shipping, but the savings depend on the distance between pickup and delivery. When shipping long-distance, cross-country, or across the country, you may pay less per mile, but the cost will be much higher overall than if you only ship locally. However, you can save money by shipping your car via a terminal-to-terminal service, which is cheaper than door-to-door shipping in most areas.
Enclosed-Transport is more expensive
Enclosed-Transport is more expensive than open-air auto transport, but offers enhanced security and safety for your car. The price of enclosed auto transport will depend on your car’s size, distance, and the type of transport.
Platform carriers are similar to open-Transport
The emergence of platform-based business concepts indicates the complexity of the dynamic freight forwarding industry. These platforms will require differentiation in the delivery of digital transport services. Road freight carriers and forwarders can meet these needs by providing digital service options. A platform-based business model promotes a competitive business.
uShip is a car transporter
If you are looking for a Laweta that will give you a good price and offer you a smooth shipping process, you can try uShip. Once you have set up an account on uShip, you can enter the details about your car, including the make and model, modifications, and pickup and delivery locations. Then, uShip will get rates from several car transporters and compare them for you. You can also read customer reviews to make sure that you are choosing the right carrier.
Preparing a car for delivery
Preparing a car for delivery with an auto transporter begins with contacting the transporter and letting them know where the car is located. Once a time has been set for the pickup, the transporter will inspect the vehicle and take photographs of the vehicle. The transporter will then load the car onto a truck. The truck may be an open-air carrier or an enclosed trailer. The truck will then start its journey to the delivery address.
A career as a car transporter requires a good driving record, a clean driving record, and a good work ethic. The job is physically demanding, and it is important to have a high degree of physical fitness. Depending on the company, you may have to stand for long periods of time, climb and move around various size cars, and walk large distances.
Warmer climates also make shipping easier. In warm climates, carriers often have more trucks available than in rural areas. Moreover, drivers are more likely to get the job done without complications. Summer months are also very busy, with shipments moving very quickly. Only the Fourth of July holiday can slow down shipments during the summer.
Cost of shipping a car with a car transporter
The cost of shipping a car with a car carrier can vary widely. The cost is based on a range of factors, including size and weight. It is best to get several quotes, preferably within the same price range.
The cost of hiring a car transporter varies depending on many factors. For example, how long you need the service to be done, what kind of carrier you want, and where you’re delivering the vehicle will all affect the cost. Some companies only transport certain kinds of vehicles, while others will handle any type of car.
Another factor to consider is whether you’ll be using a tractor trailer or a hotshot. Tractor trailers are cheaper than hotshots, but they can also be slower. Hotshots are more expensive than tractor trailers, and they may also include fuel surcharges and road insurance rates. In addition to the rental fee, you’ll have to pay for road insurance and legal bonds for the car transporter.Post
Maid Service in Las Vegas
Maid service in Las Vegas is a booming business. With the constant influx of visitors to the city, there is always a need for maid services. There are many maid services to choose from, so it is important to do your research before selecting one.
Maid service in Las Vegas can range from simple cleaning services to full-service packages that include laundry and ironing. Most maid services will offer a variety of package options to fit your needs and budget.
When selecting a maid service, be sure to ask about their experience, rates, and what type of cleaning products they use. You should also inquire about any additional services they offer, such as pet sitting or grocery shopping. By doing your research ahead of time, you can be sure to find the perfect maid service for your needs.
Maid Service Is A Necessary Part Of Life In Las Vegas
Maid service is one of the most commonly requested cleaning services in Las Vegas. It’s not surprising given the hectic lifestyles that many people lead. A maid service can help take some of the stress out of your life by taking care of your cleaning for you.
There are a number of different maid services available in Las Vegas, so it’s important to choose one that best meets your needs. Some things you may want to consider include the frequency of service, the type of cleaning services offered, and the price.
Maid service is a necessary part of life with Las Vegas cleaning services for many people. It can help take some of the stress out of your life by taking care of your cleaning for you. There are a number of different maid services available in Las Vegas, so it’s important to choose one that best meets your needs.
The Benefits Of Maid Service
Maid service in Las Vegas: What to Expect
When it comes to maid service in Las Vegas, there are a few things you can expect. First and foremost, the maids in Las Vegas are known for being professional and courteous. They will arrive on time and will work diligently to clean your home or office.
Secondly, most maid services in Las Vegas offer a satisfaction guarantee, so if you’re not happy with the results, you can simply call them back to redo the job. Finally, because of the high standards of cleanliness in Las Vegas, you can expect your maid service to pay special attention to detail and leave your home or office sparkling clean.
The Different Types Of Maid Services Available
Maid services have become increasingly popular in Las Vegas as more and more people are looking for ways to save time and money. There are a variety of maid services available in Las Vegas, each with its own unique benefits. Here is a look at the different types of maid services available in Las Vegas:
One-time cleaning services: These maid services are perfect for those who need a one-time deep clean of their home. One-time cleaning services are typically more expensive than regular maid services, but they are worth it if you need your home to look its best for a special occasion.
Regular maid services: Regular maid services are ideal for those who want their home to be regularly cleaned and maintained. Maids will typically come once or twice a week to clean your home, ensuring that it always looks its best.
How To Choose A Maid Service
There are many things to consider when choosing a maid service in Las Vegas. The first thing to consider is what your budget is for this service. There are many different companies that offer maid services in Las Vegas, so you need to make sure you find one that fits within your budget.
The second thing to consider is what type of service you need. Some companies only offer basic cleaning services, while others offer more comprehensive services such as laundry and grocery shopping. You need to decide what type of service you need before you can start looking for a company that offers it.
Lastly, you need to read reviews of different companies before making your final decision. This will help you see what others have thought about their experience with the company and if they would recommend them to others.