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Monthly Archives: December 2013

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Season’s Greetings and 2014 Preview from Rochester Law Review

Frosty 2013

Thank you to everyone who has paused to read an entry or two in my law blog this year.  I am especially thankful for all of you who have subscribed to the blog, *liked* the blog’s Facebook page, followed me on twitter and connected with me on LinkedIn.  I have also enjoyed writing these posts, and hope you have enjoyed reading them, and finding them useful and informative.

December has proved to be a tough time to keep up with the original posts.  But don’t worry, I have a few posts in the works for January.  One of the first posts I will write will be a follow up to the post I wrote about the horseback rider who survived summary judgment.  As I noted in my earlier post, the court held that the waiver form signed by the rider did not absolve the ranch of liability.  Are these waivers ever valid?  Check back later to find out.

I also expect to write a little bit about our firm’s personal injury practice.  We do not have any billboard advertisements, and we don’t have fancy jingles or rhyming nicknames.  But, we do have experience, and we will be there if you or a loved one every needs us.  Since our firm began in 1979, it has represented clients seriously injured by the negligence or intentional misconduct of others, whether involving motor vehicle accidents, product malfunctions, defective premises, construction site accidents, or other misconduct.

Finally, as the year comes to a close, I want to wish all my readers a Merry Christmas and a Happy New Year!

Remember to Vote in Fire District Elections Tonight!

If you live in a Town, chances are that your fire service is delivered by a Fire District.  Many people assume that their local fire department is merely another department within their Town’s government.  But, generally around much of Upstate New York, fire service is delivered by a Fire District, which is a separate political subdivision with its own taxing power and a separately elected Board of Fire Commissioners.

Tonight is the night when nearly all local Fire Districts hold their elections for Fire Commissioner.  Sometimes there are other propositions before the voters, like whether to dispose of surplus apparatus, or whether to incur indebtedness for the purpose of constructing a new fire hall or purchasing a new piece of apparatus.

Fire District elections are typically held between the hours of 6pm and 9pm (and can sometimes start earlier), and each Fire District is required to publish a notice of election.  The notice of election is also provided to the clerks of each Town serviced by the Fire District, and the clerks are thereafter required to post the notice on the Town’s website.  Thus, if you are not sure if you live in a Fire District, and want to know where the election will be held, the best place to start may be your Town’s website.  For example, the Town of Penfield is serviced by three Fire Districts: West Webster Fire District, Penfield Fire District, and the North East Joint Fire District.  Notices of election for each district may be accessed from the Penfield Town Clerk’s page here.

Wrong-Way Crashes Highlight Need for Adequate SUM Coverage

Sadly, for the second time in two weeks, an innocent driver was killed by a wrong-way driver on I-490 in Rochester.  You can read about it here.

Although nothing can truly compensate the families impacted by this senseless tragedy, it is often the case that the wrong-way driver in these situations has only the minimum amount of liability insurance–if he or she has any at all.  When that happens, the injured victims may be able to receive compensation from their own insurance policy under a provision known as Supplemental Underinsured Motorist  or “SUM” coverage.

But, the tragedy may be compounded by the fact that an injured victim may only carry the minimum amount of SUM coverage.  That is why I always tell my friends, family and clients how important it it to make sure you review your automobile coverage and make sure that you have an amount of SUM coverage equal to your underlying liability coverage.  This is a part of your policy that you’ve probably overlooked, but it is perhaps one of the most important parts because it covers you in the event that you are seriously injured by a careless driver who has only minimal insurance.

Here is an article we wrote a few years back that explains how this coverage works.  I urge you to take a look, and make sure that you have sufficient coverage.

MCCMLAW Employment Law Update is Available Here

Here is the latest newsletter from McConville Considine Cooman & Morin, PC:

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