Friday, January 4, 2008

By JACK SHEA, Vineyard Gazette

New home construction costs on the Island could increase more than 10 per cent as a result of new state building codes requiring one and two-story buildings to withstand winds of 110 miles per hour beginning Jan. 1.

For some prospective home owners and builders, the changes have already blown away their plans.

Tisbury building inspector Kenneth Barwick said he already has heard from home builders on a budget.

“People have called me to say they cannot afford to go forward,” Mr. Barwick said. “The new rules will significantly accelerate the cost of construction, materials and professional services. The days of pulling the three-bedroom Cape plan out of the closet are over, unfortunately.”

The new building code rules were issued, with last-minute amendments last week, by the state board of building regulations and standards.

The new seventh edition of the state building codes increased structural wind resistance requirements from 90 to 110 mph. The code also created a wind-debris zone one mile inland from mean tide in which houses must be able to handle winds of 110 mph. The new zone could affect the location of new houses relative to the prevailing wind direction and requires more stringent construction methods than houses constructed more than one mile inland.

The new code, four years in the adopting, also increases the requirements for fastening or “tie down” of foundations, walls and roofs as a single unit to reduce wind shear or vertical lift in houses under heavy winds.

Edgartown building inspector Leonard Jason Jr. also noted changes in plumbing and electrical safety wiring and outlets that he said will add some cost to construction.

He said the state also intends to institute new licensing in July for shingling, siding, window installers, roofing and demolition work. A grandfather clause is likely to be included in the license changes, as Mr. Jason reads the prospective license procedures.

Island building inspectors processed a flurry of building permit applications before the end of the year under the sixth edition of the codes and before the new regulations took effect. Harried building inspectors in Edgartown and West Tisbury in particular processed several dozen applications by builders in the final two weeks of 2007 who were seeking to be regulated under the sixth edition building rules.

To complicate matters, the final codes were e-mailed by the state to building inspectors just before they were to take effect.

A principal cost increase for homeowners and builders will come through the cost of windows, which must now be laminated, similar to the glass used in skylights. In some cases, that could double window costs.

Windows typically account for 10 to 18 per cent of construction costs, according to an informal survey of Island builders this week.

Connie O’Doherty, owner of Butterwood Properties Inc., a high-end Edgartown contractor, reported quotes given him for a mid-range standard window would double the cost. Mr. O’Doherty noted, as did several building inspectors, that the changes in window requirements have window makers scrambling to retool in order to meet the new codes.

Despite state extension of the new code deadline from last April 1to Jan. 1, the state did not complete the code until literally at year-end. “The guys the state usually send to educate us are good. I get the feeling they are embarrassed,” Mr. Jason said.

Indeed, additions, amendments and clarifications, many by e-mail, have been trickling across building inspector desks over the past week, frustrating their efforts to answer queries clearly.

For the past week, more detail in the code has become clear as inspectors dealt with analyzing new regulations while processing permits under the old regulations. The complete building code is about 1,600 pages.

West Tisbury building inspector Ernest P. Mendenhall surmised early last week that the code will likely require more services from engineers and architects and more inspection.

“Under these regulations I’ll be at building sites at least once or twice more because of increased regulations with regard to fastening components,” he said.

Mr. Jason and Mr. Barwick concurred. Mr. Barwick noted that newer regulations for small variances in cantilevering, for example, will require an engineer’s stamp, representing a new cost for home builders.

“The code is going to require more engineering and architects, depending on the size of the house,” he said. “Simple repairs and additions will cost more.”

Thursday, January 3, 2008

Mass. High Court Upholds 2006 Home Insurance Hike for FAIR Plan

The Massachusetts Supreme Judicial Court has upheld the 2006 rate increases for the state's homeowners residual market insurer, the FAIR Plan, against a challenge by the attorney general that the increases violated a state law placing caps on increases.

That rate decision in dispute granted the Massachusetts Property Insurance Underwriting Association (or FAIR plan) by then-Commissioner Julianne Bowler a 12.4 percent statewide hike and 25 percent on the Cape effective October 1, 2006.

Attorney General Martha Coakley's office had pursued an appeal of the rate increase that was begun by her predecessor Tom Reilly.

That rate hike was the first since the Massachusetts Legislature amended the FAIR Plan statute in 2004 to eliminate rate caps for the 13 largest share territories by allowing predicted hurricane losses and the cost of reinsurance to be factored into the rate.

The Attorney General had contended that the rates approved by the commissioner exceed the cap on rate increases set by statute, and disputed the commissioner's interpretation that a 2004 amendment authorized her to approve rates that exceed the cap after weighing predicted hurricane losses and costs of catastrophe reinsurance.

Coakley's office had also claimed the commissioner abused her discretion in approving predicted hurricane losses based on the computer generated models relied on by MPIUA.

Since that filing for 2006, the FAIR Plan has requested another 25 percent homeowners insurance rate increase for Cape Cod residents, part of an overall statewide filing seeking a 13.6 percent average rate increase statewide.

The FAIR Plan, which provides coverage to homeowners unable to secure insurance in the private market, insures more than 130,000 homeowners statewide, including a third of all homeowners on Cape Cod.

Coakley expressed concern regarding the 25 percent rate increase for Cape Cod and has recommended a statewide average premium decrease of 18 percent. This proposal includes a 29 percent decrease for residents in Cape Cod and surrounding islands.

Wednesday, January 2, 2008

Survey: Teens Want Friends to be Safer on Roads

With motor vehicle accidents claiming between 5,000 and 6,000 teen lives each year, a new survey commissioned by Allstate Insurance reveals that many teens do not take personal responsibility for safe driving and continue to engage in dangerous driving behaviors.

While nearly 90 percent of teens surveyed said they hope their friends will be safer on the road in 2008, just 11 percent included "driving more safely" among their personal New Year's resolutions. One-third (34 percent) of teens surveyed reported being frightened as a passenger because the driver was being careless, but did not say anything to the driver.

"Our survey found that teens are making New Year's resolutions about getting better grades, exercising more and other good things, but far too few are resolving to be safer drivers," said Victoria Dinges, Allstate assistant vice president of Public Social Responsibility and mother of a teen driver. "Car accidents are the leading cause of death for teens in the U.S., and the holidays are among the most dangerous times of the year for teens on the road. Unfortunately, our survey shows that teens have other things on their mind than driving safely."

According Allstate's survey, approximately 40 percent of teens surveyed plan to exercise more and 40 percent hope to improve their grades, while only 11 percent will resolve to drive safer in 2008, ranking dead last in the survey.

Fifty-seven percent of respondents admitted to driving more than 10 miles per hour over the speed limit, 22 percent have raced another vehicle and 19 percent have received a traffic ticket. Eighteen percent of respondents admit to being a passenger in a car being driven by a teen who was under the influence of alcohol or drugs.

Further supporting the importance of peer influence that exists among teen drivers who are willing to break the law yet want their friends to drive safer, respondents were specifically interested in having their friends eliminate unsafe practices including driving without seatbelts (41 percent) and speeding (40 percent). And, while teens may be excited about the new MP3 player their friend as a holiday gift this year, they don't want them distracted by it while driving. More than two-thirds of teens surveyed said they wanted their friends to avoid technology distractions (i.e. texting, talking on a cell phone, and scrolling through an MP3 player) while driving.

"These are alarming results considering every year for the past decade between 5,000 and 6,000 teenagers were killed in motor vehicle accidents. No other hazard or behavior comes close to claiming as many teen lives," Dinges said. "As we reflect on our lives and see what we can be doing better for the upcoming year, encouraging safe driving is a great conversation for parents to hold with their teens. Parental guidance and involvement in these first and defining years is critical for young drivers."

Allstate said a recent study published by the National Institute of Child Health and Human Development indicates intervention materials, such as a parent-teen driving agreement for newly licensed drivers, reduces high-risk driving behaviors such as texting.

The Allstate survey also shows that many teenagers are familiar with drivers contracts and that nearly one third (30 percent) of teens who have heard of these agreements have signed one. The dialogue that the contract opens – dialogue that needs to be sustained between parents and teens – can be just as important as the signed agreement.

"By opening up a dialogue with teens, parents can influence their child's behavior – and nearly half of teens are having 'good conversations' with their parents about the importance of safe driving," said Dinges. "However, the research shows the dialogue needs to be frequent and meaningful; a parent-teen driving contract is a good starting point for these discussions."

Source: Allstate

Penalties Increase For Residents Without Health Care

Yearly Fines Could Be High
The Associated Press, January 1, 2008

BOSTON -- The cost of not having health insurance in Massachusetts has gone up.
As the new year began, most residents who remain uninsured will face yearly fines that could total as much as $912 for individuals and $1,824 for couples by the end of 2008.

That's according to penalty guidelines unveiled by the Department of Revenue.

Individuals who failed to sign up for health insurance by the end of 2007 faced only a one-time loss of their $219 personal income tax exemption.

The fines are part of an increasingly aggressive approach written into the health care law designed to pressure Massachusetts residents into getting insurance.

It remains unclear how many Massachusetts residents still don't have insurance, but the number could be in the hundreds of thousands.

Those overseeing the law say the state has added about 300,000 Massachusetts residents to the ranks of the insured this year.

Monday, December 31, 2007

Reports of data breaches reached new heights in 2007

By Mark Jewell, Associated Press (Courtesy of USA Today)

BOSTON — The loss or theft of personal data such as credit card and Social Security numbers soared to unprecedented levels in 2007, and the trend isn't expected to turn around anytime soon as hackers stay a step ahead of security and laptops disappear with sensitive information.

And while companies, government agencies, schools and other institutions are spending more to protect ever-increasing volumes of data with more sophisticated firewalls and encryption, the investment often is too little too late.

"More of them are experiencing data breaches, and they're responding to them in a reactive way, rather than proactively looking at the company's security and seeing where the holes might be," said Linda Foley, who founded the San Diego-based Identity Theft Resource Center after becoming an identity theft victim herself.

Foley's group lists more than 79 million records reported compromised in the United States through Dec. 18. That's a nearly fourfold increase from the nearly 20 million records reported in all of 2006.

Another group, Attrition.org, estimates more than 162 million records compromised through Dec. 21 — both in the U.S. and overseas, unlike the other group's U.S.-only list. Attrition reported 49 million last year.

"It's just the nature of business, that moving forward, more companies are going to have more records, so there will be more records compromised each year," said Attrition's Brian Martin. "I imagine the total records compromised will steadily climb."

But the biggest difference between the groups' record-loss counts is Attrition.org's estimate that 94 million records were exposed in a theft of credit card data at TJX Cos., the owner of discount stores including T.J. Maxx and Marshalls. The TJX breach accounts for more than half the total records reported lost this year on both groups' lists.

The Identity Theft Resource Center counts about 46 million — the number of records TJX acknowledged in March were potentially compromised. Attrition's figure is based on estimates from Visa and MasterCard officials who were deposed in a lawsuit banks filed against TJX.

The breach is believed to have started when hackers intercepted wireless transfers of customer information at two Marshalls stores in Miami — an entry point that led the hackers to eventually break into TJX's central databases.

TJX has said that before the breach, which was revealed in January, it invested "millions of dollars on computer security, and believes our security was comparable to many major retailers."

With wireless data transmission more common, hackers increasingly are expected to target what many experts see as a major vulnerability. Eavesdroppers appear to be learning how to bypass security safeguards faster than ever, said Jay Tumas, the head of Harvard University's network operations, at a recent conference for information security professionals.

"Within a year or two, these folks are catching up," Tumas said.

The two non-profit groups' 2007 data also show rising numbers of incidents in which employees lose sensitive data, as opposed to cases of hacking.

Besides TJX's problem, major 2007 breaches include lost data disks with bank account numbers in Britain, a hacker attack of a U.S.-based online broker's database and a con that spilled resume contact information from a U.S. online jobs site.

"A lot of breaches are due to inadequate information handling, such as laptop computers with Social Security numbers on them that are lost," Foley said. "This is human error, and something that's completely avoidable, as opposed to a hacker breaking into your computer system."

Attrition.org and the Identity Theft Resource Center are the only groups, government included, maintaining databases on breaches and trends each year. They've been keeping track for only a handful of years, with varied and still-evolving methods of learning about breaches and estimating how many people were affected.

Despite those challenges, the two non-profits say it's clear 2007 will end up a record year for the amount of information compromised, because of greater data loss and increased reporting of breaches.

Both groups acknowledge many breaches may be missing from their lists, because they largely count incidents reported in news media that they consider credible. Media coverage has risen in part because of the growing number of states requiring businesses and institutions to publicly disclose data losses. Thirty-seven states, plus Washington D.C., now have such requirements.
Because of proliferation of such laws, "it may take a year or two before things stabilize and we can see what's really happening," Foley said. "If that's the case, then we'll know whether businesses are practicing better information-handling techniques."

For protection against Identy Theft, contact The Howes Insurance Agency

Saturday, December 29, 2007

Space Heater Safety

2 children killed in Dorchester fire
Midnight blaze hits triple-decker
Reported by The Boston Globe

Click here for information from the U.S. Consumer Product Safety Commission about space heater safety.

Friday, December 28, 2007

Mass. Fines Safety Insurance over Home Policy Non-renewals

Courtesy of Insurance Journal

Massachusetts Attorney General Martha Coakley's office reports it reached an agreement with Boston-based Safety Insurance Co. over allegations that the company violated the Massachusetts Consumer Protection Law by cancelling or non-renewing 31 consumer home insurance policies for insufficient reasons.

Safety has agreed to pay $41,000 to the Attorney General's Local Consumer Aid Fund and change its practices, according to the terms of a consent judgment filed in Suffolk Superior Court.

The judgment still requires approval by the Court before it becomes effective.

"Consumers are entitled under the law to a clear explanation if their homeowner's insurance policy is going to be cancelled or non-renewed," said Attorney General Coakley. "Today's settlement represents another step toward ensuring that Massachusetts consumers are treated appropriately under the law by their insurance companies."

According to the complaint, Safety allegedly failed, in some instances, to provide specific reasons for the cancellation or non-renewal of insurance policies. In notices sent to homeowners, Safety offered vague reasons such as "underwriting guidelines" for its decisions. Under the terms of the settlement, Safety is required to send notices containing specific reasons for their cancellation and non-renewal decisions to consumers.