5 Fundamental Principles of Insurance

Insurance is a contract, a risk transfer mechanism whereby a company (Underwriter) promised to compensate or indemnify another party (Policyholder) upon the payment of reasonable premium to the insurance company to cover the subject-matter of insurance. If you are well conversant with these principles, you will be in a better position in negotiating you insurance needs.

1. Insurable interest. This is the financial or monetary interest that the owner or possessor of property has in the subject-matter of insurance. The mere fact that it might be detrimental to him should a loss occurred because of his financial stake in that assets gives him the ability to insure the property. Castellin Vs Preston 1886.

2. Umberima fadei. It means utmost good faith, this principle stated that the parties to insurance contract must disclose accurately and fully all the facts material to the risk being proposed. That is to say that the insured must make known to the insurer all facts regarding the risk to be insured (Looker Vs Law Union and Rock 1928). Likewise, the underwriter must highlight and explain the terms, conditions and exceptions of the insurance policy. And the policy must be void of ‘small prints’.

3. Indemnity. It stated that following a loss, the insurer should ensure that they placed the insured in the exact financial position he enjoyed prior to the loss (Leppard Vs Excess 1930).

4. Contribution. In a situation where two or more insurers is covering a particular risk, if a loss occurred, the insurers must contribute towards the settlement of the claim in accordance with their rateable proportion.

5. Subrogation. It has often been said that contribution and subrogation are corollary of indemnity, which means that these two principles operates so that indemnity does not fail. Subrogation operates mainly on motor insurance. When an accident occurred involving two or more vehicles, there must be tortfeasor(s) who is responsible for accident. On this basis, the insurer covering the policyholder who was not at fault can recover their outlay from the underwriter of the policyholder who is responsible for the incidence.

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Monopoly Game Rules

One game has always been a favorite with all people associated to all age groups and that is Monopoly. The game has its fans across borders and all around the world. Still, a lot of people are unaware of all the rules of this game. It is imperative to know and understand Monopoly Game Rules in order to be a champion while playing this game. Let us have a closer look at the Monopoly Game Rules:

  1. Build Hotels: Many people think that they only need to have four houses on every property in group color before they can actually start buying hotels. Well, it is not correct. Apart from this condition, optimum number of houses should be available in the bank as well. In absence of enough homes, one can not buy hotels.
  2. Going to Jail: If as a player one goes in the jail then even though he scores doubles, his turn will come to an end. Such a player will not get an opportunity to roll again.
  3. Income Tax: As a player, if a person ends up on income tax block after passing GO, his money worth $ 200 is included in his total worth. In this case a player gets to decide whether he wants to pay 10% of his total worth of $ 200.
  4. Fine amount in case of Utilities: A player is not required to roll again to determine the amount of fine on utilities. The numbers which come from the dice in first roll are considered for the fine amount.
  5. Together try to win: Mergers are not considered as part of the official Monopoly Game Rules, however, there are many players who add it in their personal rule book. In this situation, two players can decide to play together as partners. In such a situation, the assets of both the players can not be combined. Instead of this, one of the two players has to quit the game and then the second one continues playing.
  6. Quitting the Monopoly Game: At any point of time, if a player wants to quit the game then his assets are returned to the bank. The player can not gift his assets to any other player. Yes of course, a player can decide to sell off his property to some other player even gifting is not possible.
  7. No immunity against rent: At no point in the game a player can offer immunity to another player against rent.

Players often forget these simple rules and end up losing the game. There are many people who have twisted the rules of this game as per their convenience though the fun of playing Monopoly is more when played with the original rules of the game. Monopoly Game Rules were designed keeping in mind all the possibilities in this game and here one should follow them to play the game in the best and accurate manner. If one plays the game with all the rules then the chances of disagreements on various things can be avoided and game can be enjoyed thoroughly.

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Benefits of Holidays and Vacations

As a frontline medical practitioner for over 20 years, I have been actively encouraging and motivating my patients, relatives, friends and other people to take holidays and vacations on a regular basis. Except for those people who have serious medical conditions, there are no restrictions to travel and enjoy holidays. Even the elderly, disabled or pregnant women (within 28 weeks of pregnancy) can travel as much as anyone else. The benefits of holidays and vacations are numerous, both short-term and long-term, but most people fail to appreciate the benefits. As a result, only a small percentage of people worldwide travel and harvest the benefits of holidays and vacations. Research has shown that even workers who are offered paid vacations by their organizations do not take advantage of such offers to take some weeks off their work.

In this article, I will briefly highlight some benefits of holidays and vacations.

Longer and healthier life

A recent survey conducted by the State University of New York has shown that people who take holidays regularly every year reduce their risk of early death by about 20 percent. The survey also revealed that those who did not take any holiday in 5 years faced the highest death rate risk, along with higher incidence of heart diseases. This can be explained by the fact that during holidays people are happier, relaxed, carefree, spending more time with family and loved ones, and away from the regular stressing environment. A happy relaxed life increases longevity.

Improvement in mental health

One study conducted by the Marshfield Clinic, Marshfield and published in Wisconsin Medical Journal showed that women who went on frequent vacations had lower susceptibility to depression, tiredness, or tension and they were more satisfied with their marriages. Women who took rare vacations displayed higher stress levels in their homes, felt more exhausted and tired and slept lesser. It is without doubt that regular holidays will not just relax people from the stress accumulated during the day to day hectic life in the short-term but also will improve the overall mental and psychological well-being of an individual in the long-term. Many researchers have shown that depression increases the chances of heart disease. Since holidays provide a break from the normal boring routine, they also help in relieving the symptoms of depression.

Revamping of relations

The always busy, work-obsessed and chronically duty-minded culture of people of modern life has indeed taken a heavy toll not only on our physical and mental health but also on our relationships. People do not have much time to spend with their partners, children or families. As a result, there is disharmony in the family, children are not looked after well and there is increased tension between partners, which has responded in increased number of separations, divorce and other maritime conflicts. Taking regular breaks from work and enjoying holidays and vacations not only revamps the strained and estranged relationships but also renews and strengthens family relations and bonds.

Improvement in self-confidence

When we travel, we encounter various types of situations and meet different kinds of people. Such encounter improve our self-confidence. It also helps improve our social skills and prepare us for unexpected or unknown.

Creative inspiration through holidaying

When we do the same thing again and again, it becomes monotonous and stereotyped. This is what has happened to us in today's world. We have become victims of monotony that has gradually crept into our system and destroyed our creative abilities, new thinking processes, and inspirational opportunities. When we travel, we come across new situations and different environments. Such situations can induce and help develop the creativity within us.

Increase in productivity

Many studies have shown that holidays not only motivated people to work better but the relief from the monotony also rejuvenates people, resulting in higher productivity.

Seeking adventure

Holidaying is a time to pump adrenalin for many adventure lovers. This is a chance to make their dream come true and try manyaring sports and adventures, such as bungee jumping, water rafting, surfing, mountaineering and many others. Such adventures give people a sense of achievement and happiness.

Mental and psychological escape

Many people these days view holidaying as a form of mental or psychological escape. The change in atmosphere, climate, scenery, quiet surroundings, slow pace of life, and clean air is considered by many travelers as pathway to happiness and spirituality.

Improve physical fitness, and lose weight too

Obesity has become a global epidemic. Holidays and vacations can at leastduce people to do some form of exercise. They have more time and any form of physical activity (and away from TV and video games!) Can help lose weight. If they can continue the same sort of exercises once they are back home, it can at least help people change their habit and lose some weight at the same time. Losing weight not only improves the physical fitness and appearance of a person but also reduces the chances of getting depression, some cancers, heart diseases and other conditions.

In conclusion, holidays and vacations not only bring joy, excitements, fun and break in the usual monotony of life, but they also have far reaching effects in the long-term including improvement in physical and mental wellbeing, longer and happier life, revamping relationships , Improving self confidence and productivity, and instilling creative inspiration within us.

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Estate Liquidation – Pros and Cons of Tag Sales and Auctions

Executors faced with liquidating an estate’s personal property will quickly find that it is their most time-consuming administrative task. Executors who don’t perform their duties could be removed from office by the Probate Judge, so it is important that they single-mindedly pursue disposing of the estate’s property so that the bills can be paid and the estate settled.

What you’ll get from this article

Executors have three main liquidation options, and I will discuss the pros and cons of each in this article. Any company chosen to liquidate an estate should be vetted; I will tell you how to do this conscientiously, and I will also propose the best liquidation method. I assume that the twin liquidation goals of the Executor are to achieve the greatest cash benefit to the estate and to leave the house broom-clean so that it can be sold. Of course, there are ways to maximize the cash return for each type of sale, and I’ll tell you what they are.

Investing ten minutes into reading this article could save an Executor many hours of work.

Option 1: Have An Auction On-Site

Benefits of an On-Site Auction:

Auctioneers are very competitive lot. It should be an easy job for an executor to find an auction company willing to take the estate liquidation job, and commissions will be competitive. A strong argument for an on-site estate auction is that when the auction is over, there will be very little clean-up. If you like, the real estate can be auctioned as well, since auctioneers are licensed to auction the real estate and other titled property. In one day, the house, car, boat, RV, and all the household goods could be sold.

Negatives for an On-Site Auction:

Auctions are driven by competitive bidding. Consequently, it is necessary to have a lot of people at your auction. Big crowds require nice weather, plenty of parking, bathrooms, food, and refreshments to keep the people from leaving. Online bidding can be included to boost attendance, but it is the local crowd that builds excitement and drives the prices up. To attract a crowd, the estate must have collectibles and other quality goods. Run-of-the-mill goods that can be purchased at the local thrift store are insufficient to attract a good auction crowd.

Suggestions for an On-Site Auction:

If your estate has many large collectibles, like antique furniture or a piano, an on-site auction may be your best choice. Summer weekends, when the weather is warm and dry, are the best times to hold an on-site estate auction. The auction company you hire should be equipped with sound equipment, canopy tents, display tables, and plenty of help for fast checkout.

Option 2: Auction Gallery Consignment

Pros for Auction Gallery Consignment

If weather is a concern, you may want to consider consigning your items to an Auction Gallery. Consignments at an Auction Gallery are grouped according to the type of item in order to maximize turnout and get the best prices from their collectors. For example, there may be an auction dedicated to art and home decor, or musical instruments, or ceramics.

Cons for Auction Gallery Consignment

There are quite a few reasons for not consigning to an Auction Gallery. For starters, many Auction Galleries will take only the best items from the estate. Ninety percent of an estate is made up of items that are of little interest to the auctioneer, which leaves the Executor to deal with the remaining ninety percent of the estate property. Lastly, when an Auction Gallery spreads the merchandise out over several auctions, it can take months for all the items to sell, delaying the closing of the estate.

Tips for Auction Gallery Consignment

Before you consign to an Auction Gallery, ask the auctioneer how your merchandise will be distributed between auctions; get a guaranteed settlement date. You will also need a plan for disposing of all the remaining estate merchandise.

Option 3: Tag Sale On-Site

Pros for Tag Sale On-Site

Tag sales have several advantages over an on-site auction. For those that are not familiar with tag sales, the sale is held on the premises and in the house. Companies that specialize in tag sales are less common than auction companies. At a tag sale, everything in the house is priced, much like at a yard sale. Shoppers will browse through the house, and choose the items they wish to buy. When buyers arrive at the house, they take a number, and are admitted into the house when their number is called. Tag sales usually start on Friday evening and end Sunday evening, so there is no need to provide food or bathroom facilities. Tag sales can be held rain or shine and in any season

Cons for Tag Sale On-Site

The biggest disadvantage in hiring a tag sale company is that tag sale companies are not held to the same legal standards to which auction companies are held. Auctioneers and Realtors are bound by law to the estate by a fiduciary bond. A fiduciary relationship binds the agent by law to act at all times in the best interest of the estate. Fiduciaries are licensed by the state, must pass tests, be bonded, must hold all funds in an escrow account until distributed, and has to settle the account with the estate within a specific time frame.

Fiduciaries must also keep accurate records and follow certain protocols. Failure of a fiduciary to follow procedures can result in fines or loss of license. Tag sale companies are not held to the same legal standards, although they certainly have a moral obligation to the estate. Tag sale companies can handle the details of the sale and the distribution of the money any way they see fit.

Another problem with tag sales is that typically there is merchandise left over after the sale. Often, there is a LOT of merchandise left over. When a lot of items are left over, the executor then has a clean-out problem, because the house must be left “broom-clean” before a realtor will list the house for sale. Unlike an auction, where prices go up with each bid, tag sale shoppers want to negotiate a lower price for everything, which is not only time consuming but costs the estate money.

Tips for Tag Sale On-Site

When working with a tag sale company, read the contract thoroughly, make sure settlement dealines are included. the operator should have a solid pricing plan, adequate staff, and a solid track record.

What about Internet Sales and Retail consignment?

Internet sales work well for items that can be shipped easily, like small collectibles, books, and artwork. Before you decide to sell these items online, remember that having a nice assortment of collectibles at your auction or tag sale is what will attract the buyers to your event. If you sell all the good collectibles online, you won’t get very good attendance at your sale. Dont even consider a retail consignment; they will take too long to sell your items.

How do I know if I am dealing with a reputable company?

Unfortunately, asking for references doesn’t always work; no one gives a bad reference. The Better Business Bureau lists ratings for some, but not all, companies. With an auction company, most states have an occupational licensing board which can give you the status of an auctioneers license and tell you if they have any complaints on file. Checking up on a tag sale company is a lot harder, because there is no agency keeping track of complaints. One website that is helpful is http://www.ripoffreport.com. When at the site search the name of the company you wish to investigate; also type in the owners name to see what that brings up.

Hire a company with a solid internet presence

These days, it is imperative for a company to have an online network. A company that is well-connected in the online world is likely to be a company that is well-networked in the local area. It’s unlikely that a company with a poor or no website will be able to use the internet to generate sales for your event. Doing a Google search of the company’s name or web address is the best way to to see how well connected they are. Go to Googles search bar (not the address bar at the top of the page, but the search bar in the center of the page) and type in the companys web address starting with www. How many search results are returned that pertain directly to the company you are investigating?. If the company is a national franchise, disregard the results for the general franchise and only count the results where the local company is mentioned. Ranking well with the search engines doesn’t necessarily mean the company will be the best one for your needs, but it is a good indicator of the professionalism of the company. Typically, companies that have lots of returned results do so because other organizations want to associate with experts in their field, so they link to the experts website. A large number of linking companies is like a “vote” for the company being linked to. A company that displays lots of Google results is usually one that is recognized as being expert in their field.

So, what’s the best way to liquidate an estate?

The best type of sale for estate liquidation is to hire a licensed fiduciary to sell the estate property in one day, to the bare walls, any time of year. To achieve this would require an event that is part tag sale and part auction, run by an auctioneer. Since Tag Sale operators are generally not licensed auctioneers and auctioneers usually hate to do tag sales, that’s a tough solution to implement. There are auctioneers that combine these services, however. Finding such a company will give an executor the flexibility of having a sale any time of year, the ability to sell down to the bare walls with nothing left over, and the assurance of dealing with a state licensed and bonded fiduciary.

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Manage Debts the Smarter Way!

Spiraling debts can be a cause of concern for any borrower. They can create an adverse effect on the financial status of the borrower. Wondering how to deal with the troublesome situation? If you are facing financial hardship due to them, it is time to seek help. Debt management might be the solution to all your problems! Read on and find out how …

Know why should you seek this kind of service?

O One affordable monthly payment
O Reduced credit repayments
O The guide to a debt free future

The truth is that credit card debts are usually an outcome of unplanned spending and late repayments. They are the worst debts you would have encountered! You have a number of options to get rid of such problems.

When you opt for solutions with a team of financial experts, the professionals will assess your current financial situation and help you choose options on a spending plan. You can seek help from such experts. They will negotiate terms of your debts with creditors as well! In simple words, they will take care of all kinds of debt problems on your behalf.

There are several ways of managing this kind of problem. To start with, you could avoid credit card usage as much as possible or opt for consolidation finance as a part of the solution. You must begin by trying not to spend too much over your usual balance. This will help you ease your debt worries. Doing so, will ensure that you are on the road to a debt-free life sooner than you had imagined!

Managing payment of credit card bills can be one of the major contributing factors of managing such kind of problem. It saves a large chunk of your money with one single payment every month, well within your reach! It is much simpler to pay just one bill every month. Here, if you are burdened by this kind of problem, you need not put yourself through any more stress! By following this kind of advice, you can manage your financial problems easily. You can also reach out to financial experts who can take care of your financial predicament.

You must consider these kinds of solutions only after a careful analysis of your personal circumstances and constraints! Make sure you make the company aware of your problems. This will only help arrive at a suitable solution.

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Insurance Auto Auctions – Get Great Deals on Salvaged Cars and Trucks

Insurance auto auctions are a great way to get a great deal on salvaged cars and trucks. In fact, the company Insurance Auto Auctions is one of the most commonly used specialists in this area with auto auction locations throughout the United States. The company has been around since the early 1990s providing a variety of auto auction services for car owners, car buyers, and car sellers. If you are looking for a good way to get a car at a cheaper rate, insurance salvage deals are a great option!

Salvage vehicle auctions involve several elements – including a facilitation between buyer and seller as arranged by the Insurance Auto Auctions company. Although IAA is one of the more well known companies in this part of the automotive industry, many other companies exist with the same auto salvage specialty.

Automotive salvage occurs when an insurer considers a vehicle to be a "total loss" in insurance terminology. Essentially, this means that the vehicle is of no use to the insurance provider and the insurance carrier. When this happens, the salvaged vehicle can be sold or parted out. Many major insurance companies work with Insurance Auto Auctions, Inc. And similar companies. You will not be surprised to learn that Farmer's Insurance, and even GEICO are just some of the names on the IAA list of regular clients.

Percentage salvage auction sales are more common these days as such companies work hard to get a piece of the action! When a salvaged car is sold at rock-bottom prices, the insurance agency provider is very interested in obtaining rights to at least a small percentage of the insurance auto auction. Since this practice has become more common in recent years, more and more insurance agents and their representatives are seeking percentage shares with companies like Insurance Auto Auctions.

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How to Properly Insure Your Concrete Pumps

The business of concrete pumping comes with many challenges, one of them being being perfectly insured when something goes wrong. Many concrete pumping companies have pumps and assume they're automatically insured under their general liability policy, unfortunately they are not.

Trailer concrete pumps should be insured under what is called an inland marine floatater. This type of insurance policy provides comprehensive coverage for your pump, insuring it from perils such as theft, vandalism, and damage you may cause it in the event of a car accident. This is similar to the coverage you may have on your car.

Just like any other trailer, liability coverage is automatically extended from the vehicle to the trailer it's towing. For example: If your trailer sideswipes another vehicle, your auto policy will provide liability coverage to repair the vehicle you damaged. Repairs will only be provided up to your policy limits. Keep in mind if the auto policy your truck has not include business coverage the insurance company will most likely deny your claim. Make sure you have a proper commercial auto policy before you toward anything for business use.

What about concrete pumps you can drive, how are they insured? Because these type of pumps are self-propelled they would need to be insured under a standard commercial auto policy. Make sure to mention any custom equipment you have to your agent. Just like on any auto policy custom equipment should be stated as such and approved into the coverage limits. Custom equipment can include any aftermarket stereo systems, hose reels, ladder racks, etc.

Always provide the replacement cost you'd like if your pump is stolen and ask for it to be stated in your policy. This way you'll be sure you have enough to replace the pump in the event of a loss. Some carriers provide the actual cash value for your pumps without otherwise requested. This means you'll get the replacement cost minus depreciation to compensate you on your pump. Actual cash value may not be enough for you to buy another pump if yours is damaged, this option is not recommended.

Always consult your insurance agent before making any final decisions on your insurance policy. Each concrete pump is different and may have specific needs. Keep these points in mind when shopping for your insurance policy and you'll be well on your way to protecting your business in the event of a loss.

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Life Insurance – Should You Buy A Rider Or Complete Policy For A Spouse, Child Or Dependent?

There are many arguments as to who really needs a complete life insurance package and who needs some form of coverage in the form of rider. Does you really really need a rider if you already have a life insurance policy? Does you child or dependent really need one too?

To answer this question correctly we must understand the basic needs life insurance coverage meets …

A life insurance policy is basically meant for breadwinners or persons who demise will cause hardship for their survivors. Although there are other reasons why people buy life policies this is the main reason.

Some insurers have certain riders to cater for spouses and dependents. Such riders add term life coverage for such a spouse or dependent. It certainly makes more sense to buy a dedicated term life insurance for such a person if you think it's necessary. You'll almost always get a far lower rate per $ 1,000 coverage for the person in question if you get another complete term life insurance policy.

For the dependent, you really do not need any form of life insurance for a child unless you want to start a foundation in their memory or make a donation to their favorite charity if they pass on. If you're thinking in such lines then you'll serve that cause better by getting another life insurance policy for such a child or dependent instead of a rider.

We can make an exception for rare cases (like child actors) where the family fortunes will be dramatically altered if such a child passes on. Life insurance is a real necessity then. Like I explained when I talked about the main reason for a life insurance policy, such a child shares considering to the family's finances. Therefore the loss of that child will result in the loss of such financial contribution with the attendant consequences.

If you've decided to buy a life insurance for yourself, spouse or dependent, you'll get far better rates if you get and compare many quotes from many different insurers. This is due to the difference in rates from insurers for a particular policy could range from a few hundreds to a couple of thousand dollars.

If you already have a policy, you can also reduce your current rates by getting and comparing life insurance quotes from insurers you did not get quotes from before you bought your present policy.

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Trusts and Certyty of Intention

This article looks at the requirements and formalities for a valid trust. In UK law, a trust is an arrangement involving three classes of people; A Settlor, Trustees and Beneficiaries. The Settlor is the person who transfers property to the Trust. The Trustees are people who legally own the Trust Property and administrator it for the Beneficiaries. The Trustee 'powers are determined by law and may be defined by a trust agreement. The Beneficiaries are the people for whom benefit the trust property is held, and may receive income or capital from the Trust.

"No particular form of expression is necessary for the creation of a trust, if on the whole it can be gathered that a trust was intended." This statement gives the impression that no formalities are needed, and could be misleading. Although equity generally does look to intent rather than form, mere intention in the mind of the property owner is not enough. For a valid trust to exist, the Settlor must have the capacity to create a trust. He must positively transfer the trust property to a third party trustee or declare himself trustee. Further, he must intend to create a trust, and must define the trust property and beneficies clearly. This is known as the 'three assurances'; Certificate of subject matter, certainty of objects and certainty of intent.

Certificate of intent refers to a specific intention by a person to create a trust arrangement wheree Trustee (which may include himself) hold property, not for their own benefit but for the benefit of another person.

It is clear when trusts are created in writing and on the advice of legal professionals that intention is present [Re Steele's Will Trusts 1948]. However, no particular form of words is needed for the creation of a trust and here the equivalent maxim, "Equity looks to intent rather than form", applies. It is therefore sometimes necessary for the Courts to examine the words used by the owner of the property, and what obligations if any the Owner intended to impose upon those receiving the Property.

It is not necessary that the Owner expresses calls the arrangement a trust, or declares himself a trustee. He must however by his conduct demonstrate this intent, and use words which are to the same effect [Richards v Delbridge 1874]. For example, in Paul v Constance 1977, Mr Constance did not express declare a trust for himself and his wife, but he did insure his wife that the money was "as much yours as mine". Additionally, their joint bingo winnings were paid into the account and withdrawals were considered as their joint money. The Court therefore found from Mr Constance's words and conduct that he intended a trust.

Certiety of intention is also known as certainty of words, although it has been suggested a trust may be infringed just from conduct. Looking at Re Kayford 1975 1All ER 604, Megarry J says of certainty of words, "the question is whether in substance a sufficient intention to create a trust has been identified". In this case, Kayford Ltd deposited customer's money into a separate bank account and this was held to be a "useful" indication of an intention to create a trust, although not definitive. There was held to be a trust on the basis of conversations between the Company's managing director, accountant and manager so words were necessary for the conclusion.

In contrast, where the word 'trust' is expressly used, this is not a comprehensive evidence of the existence of a trust – the arrangement may in fact institute something very different [Stamp Duties Comr (Queensland) v Jolliffe (1920)]. For example, the deed may contain words such as "On trust, with power to appoint my nephews in such shares as my Trustee, Wilfred, shall in his absolute discretion decide, and in default of appointment, to my friend George". Although professing to be a trust, Wilfred is not under an obligation to appoint the nephews and provision is made for the property to pass to George if he does not. This is therefore a power of appointment, not a trust [eg. Re Leek (deceased) Darwen v Leek and Others [1968] 1 All ER 793].

Sometimes in a will, the owner of Property will use 'precatory' words such as expressing a 'wish, hope, belief or desire' that the receiver of property will handle it a certain way. For example, in Re Adams and Kensington Vestry 1884, a husband cave all of his property to his wife, "in full confidence that she will do what is right as to the disposal between between my children …". The Court held that the wife may have been under a moral obligation to treat the Property a definite way but this was not sufficient to create a binding trust. Precatory words can still sometimes create a trust. In Comiskey v Bowring-Hanbury 1905, the words 'in full confidence' were again used, but the will also included further clauses, which were interpreted to create a trust. The Court will look at the whole of the document to ascertained the testator's intention, rather than dismissing the trust because of individual clauses.

There are further formalities required for certain types of trust property, and for a trust to be valid, title to the trust property must vest in the Trustee, or, the trust must be "constituted". This might be done for example, by delivery for chattels or by deed for land. If the trust is not properly constituted, the proposed beneficaries have no right to compel the Settlor to properly transfer the Property, as 'equity will not assist a volunteer'. The exception to this is where the beneficiary has provided consideration (including marriage) for the Settlor's promise, in which case, there would be a valid contract and the Beneficiary could sue for breach.

Where a testamentary trust of land or personalty is purported, the will in which it is contained must be in writing and executed in accordance with Section 9 of the Wills Act 1837, which means the Will must be signed by the Testator in the joint presence of Two witnesses, and then signed by the two witnesses in the presence of the Testator.

Where a Settlor wants to create an inter vivos trust of personalty, the formalities are minimal. Under the usual requirements for a trust (capacity, the three responsibilities etc), the Settlor must observe any formalities required to properly transfer the Property to the trustees – for example, the execution and delivery of a stock transfer form for shares.

To create an inter vivos trust of land or of an equitable interest in land, in addition to the formalities of transferring the land, the declaration of trust must be in writing and must be signed by the person able to create the trust – ie, the Settlor or his attorney [S.53 (1) (b) Law Property Act 1925]. Where this formality is not accepted, the Trustee would hold the land on trust for the Settlor rather than the Beneficiary. The exception is where the rule in Strong v Bird 1874 applies – the Settlor intended to make an immediate unconditional transfer to the Trustee, the intention to do this was unchanged until the Settlor's death, and at least one of the Trustee is the Settlor's administrator or Executor. In this case, as the property is automatically vested in the Settlor's personal representatives and the trust is constituted.

It is sometimes stated that no particular form of expression is necessary to create a trust if intention was present. Clearly this is not the case. There are formalities for creating inter vivos land trusts and testamentary trusts and if these are not followed, the trust will fail without consideration has been provided or the rule in Strong v Bird 1874 applies, even if the Trustee had the best intentions. Further, the form of words used in those formalities must be clear and unambiguous, or they may not amount to a trust. He goes on to say that 'a trust may be created without using the word "trust"' and this is true in that other words and conduct to that effect are sufficient. However, the Court does not just regard the 'substance' of the words. If the word used does not meet the 'three assurances' or, for example, the person making the declaration does not have the capacity to make a trust, the trust will fail. This is clearly not the desired 'effect' and not the owner's intention.

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The Nuts and Bolts of Auto Law in Pennsylvania

AUTO ACCIDENT BASICS – WHO PAYS WHAT IN PENNSYLVANIA?

Navigating the insurance world after an auto accident can be very confusing. There are many questions revolving around who pays for injuries, medical bills and property damage. Understanding the nuts and bolts of auto accident law, ahead of time, can save considered time and effort.

BODILY INJURY LIABILITY

A. How Much?

Under Pennsylvania law, Pennsylvania car owners must carry at least $ 15,000 of bodily injury liability coverage to pay for personal injuries to another driver, in the event of an accident. Drivers can elect higher amounts.

B. Who Pays?

Bodily injury coverage is based on fault and is available to the other driver in an auto accident. For example, Driver A causes an accident with Driver B, causing serious personal injuries to Driver B. Driver A's auto policy includes the state minimum- $ 15,000 of bodily injury liability coverage. Driver B can make a claim under Driver A's auto policy, for personal injuries, up to the $ 15,000 limit. However, Driver B may be limited in what he can recover, depending on whether he selected Full Tort or Limited Tort in his own auto policy.

C. How it Works?

In some instances, an injured driver can make a claim for bodily injury liability coverage against the other driver's insurance company without having to file a lawsuit. However, if that insurance company fails to offer fair and reasonable compensation, the injured driver may have to file a lawsuit against the other driver.

PROPERTY DAMAGE

A. How Much?

Under Pennsylvania law, Pennsylvania car owners must carry at least $ 5,000 of property damage coverage to pay for property damage to another driver, in the event of an accident. Drivers can elect higher amounts.

B. Who Pays?

This type of coverage is frequently misunderstood. It is not available to an insured driver, under its own policy. Rather, it is available to the other driver in an accident, and is based upon fault. In our example, Driver A causes an accident with Driver B. Driver B's car is totaled. Driver A has $ 10,000 of property damage coverage. Driver B can make a claim under Driver A's auto policy for the fair market value of the total car, up to $ 10,000. In this same example, let's assume Driver A's auto was damaged. Driver A can not make a property damage claim under his own policy. Again, property damage coverage is only available to the other driver and is based on fault.

C. Collision and Comprehensive Coverage

Collision and comprehensive coverage are optional and cover different types of auto damage. Collision covers any damage caused by an auto accident less a deductible. Comprehensive coverage covers any non-accident damage, such as fire, theft, etc., less a deductible. A driver who has purchased these types of coverage can make a claim under their own auto policy. Using the same example, Driver A-who caused the accident, can make a claim for repair to his auto, if and only if he has collision coverage. If Driver A did not purchase collision coverage, he would be responsible for the repairs.

D. How it Works

If an innocent driver's auto is damaged in an accident caused by another driver, a property damage claim can be made directly to the other driver's auto insurance company. So long as the accident is clearly the other driver's fault, this is usually the easiest way to make a property damage claim. If the innocent driver has collision coverage under his own auto policy, then a property damage claim can be made with his own auto insurance company. However, the deductible would have been subtracted from the total amount recovered. Then, because the accident was the other driver's fault, the innocent driver's own auto insurance company should obtain the deductible from the other driver's auto insurance company. That deductible should eventually make its way back to the innocent driver.

Again, using our example, Driver A is at fault for an accident with Driver B. Driver B has a collision coverage with a standard $ 500 deductible. Driver B has a choice to make a claim with Driver A's insurance company or his own insurance company. If he makes the claim with his own insurance company, he would receive the fair market value of his total auto less the $ 500 deductible. His insurance company would then seek reimbursements from Driver A's auto insurance company for the fair market value and the deductible. At some point, Driver B should receive the $ 500 deductible back from his own insurance company-because the accident was Driver A's fault.

A property damage claim is usually made without having to resort to a lawsuit. Incidentals such as rental car costs and towing / storage, are immediately compensable if the innocent driver has purchased such coverage under his own policy. Otherwise, they will become out of pocket expenses in a consequent personal injury lawsuit against the other driver.

MEDICAL BENEFITS

A. How Much?

Under Pennsylvania law, Pennsylvania car owners must carry at least $ 5,000 of medical coverage to pay for medical bills incurred in an auto accident. Drivers can elect higher amounts up to $ 1,000,000.

B. Who Pays?

Many states including Pennsylvania are "No Fault" -meaning that regardless of which fault the accident was, a driver can make a medical benefits claim under their own auto insurance policy, up to the amount of medical benefit coverage purchased.

Using our example, Driver A causes an accident with Driver B. Both drivers have insurance policies with medical benefits coverage. Let's assume that Driver A has $ 10,000 of medical benefits coverage and Driver B has the state minimum- $ 5,000. If both drivers are injured and require medical treatment, they would both make a claim under their respective policies. In this example, Driver A could make a claim for medical benefits up to $ 10,000 and Driver B could make a claim for medical benefits up to $ 5,000.
Also, the medical benefits coverage amount is per person, per accident. In other words, if a father and his minor son are injured in an accident, and the father has an auto policy with $ 5,000 medical benefits coverage, then both can receive up to $ 5,000 of that coverage. If the father or son gets into a consequent accident, they would again be eligible for $ 5,000 of the same coverage.

C. How it Works

When making a claim for medical benefits, a driver may go to a doctor / provider of their choosing and should provide their auto policy claim number and auto insurance information. Under Pennsylvania law, once a driver provides this information to a medical provider, that medical provider is required to bill the auto insurance and can not bill the driver directly. Once the auto insurance company receives bills from the medical providers, the amounts of the bills will be reduced in accordance with Act 6-an Amendment to Pennsylvania motor vehicle law made in 1990. Act 6 limits the amount that medical providers can recover for accident related Medical bills. At some point, the amount of medical benefits under an auto policy may become exhausted and then the driver would use their own medical / health insurance to cover any remaining bills.

D. Priority of Coverage

When a person is injured in an accident, there can be more than one source of medical benefits. Under Pennsylvania law, there is an order of coverage, known as "priority of coverage". The first level is an auto policy in which the injured person is a "named insured" – that generally means an auto policy purchased by the injured person. The second level is an auto policy in which the injured person is "insured". This generally refers to an auto policy purchased by the injured person's spouse, parent or relative residing in the same household.

The third level applies when the injured person does not own an auto policy and is not covered as an insured under any auto policy. This third level is an auto policy covering the auto that the injured person was riding in when the accident occurred. Finally, the fourth level applies to injured persons who are pedestrians or bicyclists. This fourth level is any auto policy involved in the accident. In some situations, more than one policy may apply-and the first auto insurance policy to get billed will be liable up to the applicable medical benefits amount. That insurance company can then, seek reimbursements from the other insurance company. Also, if a person is injured in an auto accident during their employment, workers' compensation coverage is the primary source of medical benefits coverage.

F. Persons Who Do Not Qualify for Medical Benefits

Under Pennsylvania law, certain classes of drivers do not qualify for medical benefits, even though they have purchased auto policies. They include motorcycle drivers, snowmobile, motorized bike, and four wheeler operators. Also, the owner of a registered auto who fails to purchase auto insurance can not make a claim for medical benefits. For example, a person may own a registered car, but then fails to obtain insurance for it. If that person becomes injured while a passenger in a friend's car, they can not make a claim for medical benefits under the friend's auto policy. These classes of drivers must use their own medical / health insurance to pay for any medical bills incurred as a result of an accident.

For more information visit http://www.thepanjinjurylawyers.com/practice_areas/new-jersey-car-accident-attorney-pennsylvania-truck-wreck-lawyer.cfm

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