Monday, November 29, 2010

Why Technical Indicators

The fight continues to rage among traders who
use technical indicators and those who prefer
fundamental information to establish new
positions and to exit current positions.

The fundamentalist believe in knowing all the
facts about a company such as price earnings
ratios, sales growth, product margins,
management capabilities, cost of production,
cash flow, etc., etc. while the technicians
could care less about the latter and want to see
sector price trends and rank, the Relative
Strength Index, MACD (moving average convergence
divergence), stochastics, trend lines, chart
patterns and many more esoterically evolved
indicators.

Which method is the best?

There is no Holy Grail of trading and what
critics of either method forget that it is the
trader who adds the final nuance that results in
profit or loss. The more years a professional
investor has been working his plan the more
successful he usually becomes. The unsuccessful
ones have long since gone broke and are no
longer in the game.

It is somewhat difficult for me to give great
credence to fundamentalists as I am a technician
and have a very long profitable track record to
prove it; however, I do sometimes look at some
of fundamentals. It seems that the longer term
trader can do well with a fundamental approach
because the timing to buy or sell has a lag
time. He does not buy the bottom nor sell the
top, but who does?

The technical trader will ignore the
informational approach with the use of charts
and other indicators. Short term traders must be
technicians, especially day traders, as there
are no fundamentals upon which they can assess
their buys and sells.

Technical trading is based on the psychology
of the mass of traders that ride upon the hidden
values of the changing fundamentals. Charts and
other indicators tell the of the long term
health of a company, country or commodity as it
is shown in the price action. The fundamentalist
looks for the reason for a change to buy or sell
whereas the technician tries to find the change
in the price action to initiate buys and sells.

No matter what a fundamental trader's position
he must be very patient. He may have a position
on for years. During that same period there will
be waves of highs and lows during which he
remains constant in his position. The technician
may trade the same equity several times buying
the low of the wave and selling the high
(hopefully). In commodities it is astute
trading, but when it is done in stocks and funds
it is called timing.

A combination of technical and fundamental
methods can give the best results. For the
average guy occasional trader I can only caution
him to be very careful. Very few intermittent
traders ever make money.

A successful trading approach requires
commitment. It is a business the same as owning
a shoe store or trucking company. You must give
it your all.

Like any business you have to work at it.

Friday, November 26, 2010

Information on the Mass Mutual Life Insurance Company and How They Can Benefit You

Mass Mutual life insurance company was started back in 1851 and today its corporate headquarters is based in Springfield Massachusetts. Over the last 157 years this company has risen to be a respected global leader in the life insurance and financial industry and today holds and manages more then 500 billion dollars in company assets.

Mass Mutual offers all the standard life insurance one would expect from a industry leader like term, whole life and universal life. But Massachusetts mutual life also offers a wide range of other insurance and financial products like disability insurance and many investment and retirement planning products. These products are available to both the regular person all the way up to large fortune 500 corporate clients.

The mass mutual life insurance company was founded on the principal of the customer first and even to this day focus's on doing what right for their clients. They also are focused on maintaining a profitable company and have found a way to balance each one so they do not interfere with each other.But even with these two goal the company has not lost sight of helping others through charity and other community re investment plans.

Being a mutually owned company Massachusetts mutual life offers additional benefits to policy holders. These include dividend payments to both share holders and policy holders, a mutually owned structure that helps shelter them from any hostile take over attempts or mergers that could damage the company and cause inconvenience for the companies millions of policy holders.

Monday, November 22, 2010

SHAME ON YOU: Rep. Speier To You Mr. Sullivan,. Chairman Waxman's Eric R. Dinallo, Superintendent, NY State Insurance Dept, Lynn E. Turner, arch accountant, Securities Exchange Commission Robert B. Willumstad, CEO, Martin J. Sullivan, CEO, AIG

Obaid Karki An Outcast Underdog Libertarian Diogenesist Kabbalist Spinoziste Qutbist Pantheon Hexalingual Automath Former UAE Under Secretary Independent Street-Knowledge Urban Talking-head. Unaffiliated to a State, an Organized Religion Group, a Sect or a Kin and an Anti Tribal Gentile. Every phrase is an earnest verdict. Thats my bio. If you dont agree with me thats an honor. It is immoral to appease to please. My word hurts big time because it is quality of a moment of truth US Conspiracism is a Grassroot Religion alas belief masterminded by the Establishment to Worthy the Worthless. This in-thing is sold as Partisanship to the Unemployables for free. Its the Disneyfication of the Mass to glorify a Legacy of Ghosts as Rothchild, Bilderberg, English royalty etc. Neither Mainstream Media & nor Hollywood or the Publisher's Clan would be outsourced to such task simply because they are assigned to edutain the Untalentable Aristocrat Urban Parasites. AIG American International Group, Inc. (NYSE) Google Finance Yahoo Finance MSN Money AOL Finance CNN Money Reuters 3.51 0.36 ( 9.30%) 7 Oct 4:00pm ET Open: 4.22 High: 4.22 Low: 3.51 Volume: 90285327 Avg Vol: 218654000 Mkt Cap: 9.44B Disclaimer After Hours: 3.54 +0.03 (0.85%) 7 Oct 7:59pm ET Crisis strengthens Manulife's hand in AIG bid Manulife and other insurers are expected to bid for AIG divisions as early as this week, they said. The American insurance giant is under pressure to sell Former AIG Executives Get Harsh Criticism ...



http://www.youtube.com/watch?v=jK4_rDGEXZs&hl=en

Friday, November 19, 2010

Global Life Insurance - an Established Company With a Quality Reputation

There are more insurance companies in America today than ever before. This is great news for the consumer because competition drives prices down, making good insurance coverage more and more affordable all the time. But it also presents the difficult of choosing the right policy. With so many options available, many people find it daunting to have to research so many different policies and options in order to find one that suits their individual situation and needs. But one way to make sure that you are getting a quality policy is to go with an established company with a reputation for great customer service. Global Life Insurance certainly fits that description.

Global Life Insurance was established in Oklahoma in 1951. It was originally called Globe Life and Accident Insurance. Liberty National Life Insurance Company acquired Globe Life and Accident in the late 1970s, the first step to forming Torch Mark Corporation as a holding company. Torch Mark is an industry leader and provides insurance to millions of people. Consumers have great confidence in the brand, and even investor extraordinaire Warren Buffet owns stock in the company. There are few insurance companies that are trusted as widely as Global Life.

If it is options you are looking for, then Global Life Insurance is a great place to start. They offer different policies for all kinds of people. You can find coverage for yourself, your spouse, and even your children at affordable prices. And the more insurance you purchase, the better the deal you will get. You can find policies with as much or as little coverage as you want, depending on how high a risk you present and how much you are willing to pay for better coverage. Whether you choose to get a bare minimum of coverage or get as much coverage as you can afford, at least you have options.

And even if you cannot find exactly what you are looking for under the Global Life Insurance brand, you are sure to find it under one of the Torch Mark Corporations many subsidiaries. With six different insurance providers under its name, Torch Mark provides unparalleled variety and options to the savvy consumer. And you are sure to find an insurance broker near you who can help you to find just the right policy to fit your unique needs. The Torch Mark name is so widely known and trusted, that insurance brokers are happy to sell their policies. They can have confidence in that product, which means that you can, too.

Wednesday, November 17, 2010

The Life Insurance Problem

Life insurance is a difficult subject to figure out because it has lots of moving parts. Plus, most people avoid thinking about their own mortality.

Someday, of course, all of us will die. But, since we cannot know exactly when this will happen, we tend not to think much about it. Sometimes we wait until it's too late before we get serious about the value of life insurance.

Only those who are reasonably healthy are permitted to buy life insurance. If you are seriously diseased, cancerous or diagnosed as terminal, it's unlikely that any company would knowingly issue you a policy. However, some second to die policies are available as long as one of the two applicants is insurable.

There are companies that specialize in limited value policies and market them aggressively in print and television, but these usually are for face amounts of less than $10,000. There are exceptions, but caution is advised before committing your money.

When a large number of comparatively healthy people are grouped into age related categories, it's possible to project with some accuracy how many of them will die within a span of time. This projection is for the large number only and not for the individual.

Indeed, if it were possible to predict with certainty the timing of your specific death, no company in the world would issue you an affordably price policy.

One major irritant to the purchase of life insurance is that you have to pay premiums for a long period of time without seeing any tangible benefit. There is nothing to hold in your hand... nothing to watch... or to drive. It's an unselfish purchase.

It's the only asset you can own that will guarantee tax-free cash for your loved ones at the exact time they will most likely need it. But, you will not be around when it pays off.

So, do not buy a policy unless you can guarantee it will be in effect at the time of your death.

But, since you cannot know when your death will actually occur, how can you provide this guarantee? First, a brief overview.

The death benefit concept was originally developed over 200 years ago. Members of rural communities would each contribute small amounts of cash into a collection. When a member of the community died, a portion of the collection was given to the family of the deceased.

There are essentially two types of life insurance companies: mutual and stock. Mutual companies pay dividends to their policyholders and stock companies pay dividends to their stockholders.

The distinction between the two types has become blurred somewhat over the last few years as mergers and buyouts transformed the business into what is now called the financial services industry.

A major difference, however, continues to be in the net cost of a policy because mutual company annual dividends provide significant added value over time.

Companies like Mass Mutual, Northwestern Mutual and New York Life have excellent track records of increasing dividends; thereby greatly reducing the net cost of certain policy types.

An argument can be made that the mutual company policy premium is larger than necessary and, therefore, the annual dividend is nothing more than a method to reduce the premium to its more appropriate price.

While this point may have some merit during the early years of a policy, it becomes invalid as the policy matures. Indeed, dividends paid over time by the above companies contradict any attempt to downplay their value.

There are two basic types of policies: term life and whole life (also referred to as permanent). The term is defined as that point in time when the death benefit will no longer be paid to the insured's beneficiary. If the insured party has not died prior to that point in time, there is no value.

The whole life death benefit is always available provided the premium has been paid when due.

Competition has forced life insurance companies to develop numerous other types of policies, but they are simply hybrid forms of term and permanent. These include universal life and variable universal life. The numerous and complicated features of these hybrids make many policies very difficult to understand.

The foundation of a life insurance policy is based on mortality or the expected time of death. Since the expectation of death increases each year, the cost increases as we age.

Life insurance is primarily state regulated, although this may change in the near future. State insurance commissioners determine the mortality age table that must be used in the pricing of a life insurance policy by each company wishing to do business in that state.

This means an insurance company must honor certain expectations in their pricing. If a company wishes to use a different mortality table to price their products they may do so as long as the mortality expectation meets state requirements.

Life companies consider their own experience with mortality when developing different products. Sometimes they count on having the mortality experience for all of their products to be good enough to over-compensate for one particular product that is intentionally under-priced.

For example, they might introduce a very low cost term life policy with unrealistic mortality expectations compared with the state requirements. This is done with the hope fewer deaths will occur with the under-priced product.

Even if a term premium seems inexpensive upon purchase and priced to stay level for a period of 20 to 30 years, under normal circumstances the price becomes unaffordable at the end of the level premium period.

Keep in mind that most term policyholders do not die before the level period expires; therefore, most term policies lapse without value. This does not negate the value of term insurance provided the parameters are understood prior to purchase.

The only reason to buy a life insurance policy is because you love someone so much that you want to guarantee they will have additional money in case you should die prematurely.

Regrettably, an unscrupulous life agent can provide convincing evidence to the uninformed that life insurance would be a great supplemental retirement plan... or an education fund... or a forced savings plan... or even an investment.

There are much better ways to address all of those, so avoid getting conned into buying a life policy for anything other than what it is intended to be and that is the guaranteed death benefit.

Your primary objective in the purchase of a life insurance policy is to secure the lowest net cost death benefit that will be guaranteed regardless of when you actually die.

Do yourself a favor and ignore those who advocate the buy term and invest the difference strategy. This is a foolish game and simply does not work!

The death benefit paid by a properly structured life insurance policy that has been issued by a financially healthy company will always - always - be better for your loved ones.

Why? Because it is guaranteed to perform at exactly the time when it is needed the most.

When you buy a policy you are usually given at least 10 days to review it. If you decide you do not want it, you can return it for a full return of premium.

Take advantage of this free look period to actually read your policy. Do not just put it away and believe everything is okay. If you have questions, make sure the life agent responds appropriately. Demand proof... if you have any doubts.

Tuesday, November 16, 2010

SHAME ON YOU: Rep. Speier To You Mr. Sullivan,. Chairman Waxman's Eric R. Dinallo, Superintendent, NY State Insurance Dept, Lynn E. Turner, arch accountant, Securities Exchange Commission Robert B. Willumstad, CEO, Martin J. Sullivan, CEO, AIG

Obaid Karki An Outcast Underdog Libertarian Diogenesist Kabbalist Spinoziste Qutbist Pantheon Hexalingual Automath Former UAE Under Secretary Independent Street-Knowledge Urban Talking-head. Unaffiliated to a State, an Organized Religion Group, a Sect or a Kin and an Anti Tribal Gentile. Every phrase is an earnest verdict. Thats my bio. If you dont agree with me thats an honor. It is immoral to appease to please. My word hurts big time because it is quality of a moment of truth US Conspiracism is a Grassroot Religion alas belief masterminded by the Establishment to Worthy the Worthless. This in-thing is sold as Partisanship to the Unemployables for free. Its the Disneyfication of the Mass to glorify a Legacy of Ghosts as Rothchild, Bilderberg, English royalty etc. Neither Mainstream Media & nor Hollywood or the Publisher's Clan would be outsourced to such task simply because they are assigned to edutain the Untalentable Aristocrat Urban Parasites. AIG American International Group, Inc. (NYSE) Google Finance Yahoo Finance MSN Money AOL Finance CNN Money Reuters 3.51 0.36 ( 9.30%) 7 Oct 4:00pm ET Open: 4.22 High: 4.22 Low: 3.51 Volume: 90285327 Avg Vol: 218654000 Mkt Cap: 9.44B Disclaimer After Hours: 3.54 +0.03 (0.85%) 7 Oct 7:59pm ET Crisis strengthens Manulife's hand in AIG bid Manulife and other insurers are expected to bid for AIG divisions as early as this week, they said. The American insurance giant is under pressure to sell Former AIG Executives Get Harsh Criticism ...



http://www.youtube.com/watch?v=jK4_rDGEXZs&hl=en

Monday, November 15, 2010

SHAME ON YOU: Rep. Speier To You Mr. Sullivan,. Chairman Waxman's Eric R. Dinallo, Superintendent, NY State Insurance Dept, Lynn E. Turner, arch accountant, Securities Exchange Commission Robert B. Willumstad, CEO, Martin J. Sullivan, CEO, AIG

Obaid Karki An Outcast Underdog Libertarian Diogenesist Kabbalist Spinoziste Qutbist Pantheon Hexalingual Automath Former UAE Under Secretary Independent Street-Knowledge Urban Talking-head. Unaffiliated to a State, an Organized Religion Group, a Sect or a Kin and an Anti Tribal Gentile. Every phrase is an earnest verdict. Thats my bio. If you dont agree with me thats an honor. It is immoral to appease to please. My word hurts big time because it is quality of a moment of truth US Conspiracism is a Grassroot Religion alas belief masterminded by the Establishment to Worthy the Worthless. This in-thing is sold as Partisanship to the Unemployables for free. Its the Disneyfication of the Mass to glorify a Legacy of Ghosts as Rothchild, Bilderberg, English royalty etc. Neither Mainstream Media & nor Hollywood or the Publisher's Clan would be outsourced to such task simply because they are assigned to edutain the Untalentable Aristocrat Urban Parasites. AIG American International Group, Inc. (NYSE) Google Finance Yahoo Finance MSN Money AOL Finance CNN Money Reuters 3.51 0.36 ( 9.30%) 7 Oct 4:00pm ET Open: 4.22 High: 4.22 Low: 3.51 Volume: 90285327 Avg Vol: 218654000 Mkt Cap: 9.44B Disclaimer After Hours: 3.54 +0.03 (0.85%) 7 Oct 7:59pm ET Crisis strengthens Manulife's hand in AIG bid Manulife and other insurers are expected to bid for AIG divisions as early as this week, they said. The American insurance giant is under pressure to sell Former AIG Executives Get Harsh Criticism ...



http://www.youtube.com/watch?v=jK4_rDGEXZs&hl=en

Sunday, November 14, 2010

What is ECCC?

From April 17, 1975 to January 6, 1979, Cambodia was under the administration of a so-called government, called Democratic Kampuchea. Within this period, not less than one million of Cambodian people were perished of starvation, slavery, sickness and other arbitrary executions. To prevent such the atrocity in the future, in 1997 the Royal Government of the Kingdom of Cambodia (RGKC) requested assistance from the United Nations to establish a tribunal to bring those most responsible for genocide from 1975 to 1979 to justice.

Though categorized into as the crime of genocide, RGKC still decided not to bring most senior leaders of Democratic Kampuchea to International Criminal Court (ICC), based in The Hague, for two reasons: 1. For the sake of Cambodian people; and 2. Cambodia was one of the founding member of ICC and ICC was established in 2002, which was after the era of Democratic Kampuchea. However, due to weakness in legal human resources and lack of quality facilities to ensure a smooth and fair and internationally recognized trial, RGKC invited participations from international judges and other court personnel, to work together with the Cambodian ones. Despite taking place in Cambodia, related international laws and international customary laws will be used during the course of the trial.

In 2001 the National Assembly of the Kingdom of Cambodia adopted a law to create a court to try serious crimes committed during the Khmer Rouge regime 1975-1979. This court is called the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea (Extraordinary Chambers or ECCC). In June 6, 2003, an international legal instrument, entitled “AGREEMENT BETWEEN THE UNITED NATIONS AND THE ROYAL GOVERNMENT OF CAMBODIA CONCERNING THE PROSECUTION UNDER CAMBODIAN LAW OF CRIMES COMMITTED DURING THE PERIOD OF DEMOCRATIC KAMPUCHEA” was singed in Phnom Penh, between H.E Sok An, Deputy Prime Minister in charge of the Council of Ministers of the Kingdom of Cambodia, and Mr. Hans Corell, Under-Secretary-General for Legal Affairs of the Legal Counsel.

The above mutual agreement between Cambodia and the United Nations plays a role as guidelines for ECCC’s legal procedures and other subsequent rules. There are thirty-two articles, ranking from Purpose (Article 1) to Entry into Force (Article 32). Article one of the agreement states “The purpose of the present Agreement is to regulate the cooperation between the United Nations and the Royal Government of Cambodia in bringing to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia, that were committed during the period from 17 April 1975 to 6 January 1979. The Agreement provides, inter alia, the legal basis and the principles and modalities for such cooperation.”

Despite ECCC exists within the present Cambodian court, with assistance from the United Nations, ECCC is independent from the Cambodian court as well as the United Nations.

The first trials are expected to take place in 2007. It is estimated that the trials may run for three years although no precise estimate is presently possible. Their length will depend on how long investigators need to collect evidence, how many people are put on trial, how many witnesses are called and how many appeals are made. When all trials and appeals are completed, the Extraordinary Chambers will be dissolved.

The trials will take place in a large court room on the outskirts of Phnom Penh on National Road 4, Ang Village, Kantok Commune, Ang Snuol District.

There will be 7 judges for the Trial Court Chamber: 3 Cambodian + 2 International. Appeals will go from the Trial Court to the Supreme Court which is the highest level. 7 judges for the Supreme Court Chamber: 4 Cambodian + 3 International. Under Cambodian law today, as in many other countries, there are no juries or people's assessors. All decisions will be made by the judges. The Supreme Court Chamber is the final court.

For more information about ECCC, please visit: http://www.eccc.gov.kh.

Thursday, November 11, 2010

Washington State Owes Its Citizens Over $700 Million Dollars

The state of Washington is home to some of the world wide web's major players. Even Bill Gates, the United States' richest man, hails from Medina, WA and his company, Microsoft, is based in Redmond. Amazon.com, Classmates.com, Whitepages.com and Marchex also call Washington their home. The fact then, that over 1.5 million residents are owed an excess of $700 million unclaimed money in Washington State is ironic, sense searching for unclaimed money and property can be done online from the comfort of their bedroom or the local Starbucks.

According to the Washington State Department Of Revenue website, typical unclaimed property includes abandoned bank accounts, insurance proceeds, stocks, bonds, and mutual funds, safe deposit box contents, utility and phone company deposits, uncashed payroll, insurance, and traveler's checks, and other financial assets. Unclaimed property doesn't include most tangible assets like real estate and vehicles. State Law requires banks, insurance companies, retailers, credit unions, utilities, corporations, and government entities to turn Washington unclaimed money and property over to the state if their owners can't be located after 3-5 years (depending on the item).

The State's Unclaimed Property Law states: "State law protects unclaimed property until it can be returned. There is no time limit for filing a claim and rightful owners or their heirs can claim property reported since 1955. The state may auction the content of safe deposit boxes, however, if not claimed within five years."

Washington was the first state to have a streamlined system for claiming lost money and property. In fact, the Washington State Department of Revenue recently won the Award for Outstanding Management and Organizational Initiative for its 'Unclaimed Property E-Claim System'. The amount waiting to be reunited with their owners is still in excess of half a billion dollars however, despite the unclaimed property program being administered to reach out to more owners of Washington unclaimed money and that makes claiming easier for them.

The problem may lie in more than one factor- the fast-paced lifestyle we live in today, the notion people have that piles of paperwork are involved when dealing with the government, and plain disbelief. The more people jump from job to job, changing addresses, or from spouse to spouse (changing last names), the more likely they are to lose track of their financial assets like tax refunds from the IRS or inheritances from a relative that had passed-away. Even those that are aware of the possibility that they might have unclaimed money in Washington and other states might not bother doing a search at all thinking it's not worth the hassle.

The Unclaimed Funds Division collects over $55 million in lost or abandoned assets annually in Washington State and that amount snowballs with each passing year. Study up on all the different ways to search, how often to search, and wear to search and get started tracking down money you could have coming today! Who knows? For a change, the government may owe you money this time instead of the other way around.

Wednesday, November 10, 2010

Service Encounters of the Third Kind

What makes a company successful over the long, long term? What characterizes the service relationship between companies and customers who do business together for decades, even generations?

How can your company stay close to your customers even as times change, technologies change and expectations continually rise?

What can you do to improve customer service quality and ensure your company's future offers are relevant and valuable in the market?

One powerful step forward that will improve customer service quality is to explore your customers' future needs and interests by cultivating Service Encounters of The Third Kind. In these unique encounters, your precious and loyal relationships for the future are built by your words and actions - today. You can improve customer service quality over the long haul by thinking proactively.

Let's start by looking closely at Service Encounters of the First and Second Kinds and how they improve customer service quality.

Service Encounters Of The First Kind

In Service Encounters of the First Kind, your company approaches the customer with the most basic of all customer service questions: "What do you want (or need)?"

Your customer replies with equal simplicity, "I want your product X, by time and date Y, at your listed price Z."

Your company's priority and service focus should now be clear: Get the customer's order right, and get it right the first time to improve customer quality!

Campaigns to accomplish this objective are widespread and easy to spot. "Do It Right!", "Zero Defects" and "Six Sigma Quality" are all examples of slogans companies use to focus their workers on getting the basics right, first time, every time to improve customer service quality.

In this kind of encounter, breakdowns in service delivery are bad news since they don't improve customer service quality. They are to be identified, analyzed, solved and, most of all, eliminated to improve customer service quality. The service system must be streamlined and standardized in every possible way to improve customer service quality.

Companies that consistently succeed in this undertaking (delivering X by Y at Z price) earn their reputations in the market as steady and reliable suppliers. This leads, as it should, to customer satisfaction and will improve customer service quality.

Training in these organizations is focused on product knowledge, technical skills, thoroughness, accuracy and adhering to proven procedures to improve customer service quality.

Marketing consists of powerful efforts to push proven products in the market. The customer is "sold to."
Looking into the management mindset of these first kind organizations, we usually find a keen interest in cutting costs, increasing volume and decreasing cycle-time.

This need for speed is important: Competitors are often closing in with similar products, faster delivery and even lower prices. In this kind of competitive situation, profit margins are paper-thin and companies thrive only through continual increases in volume.

So far so good. But if we look into the staff mindset of such an organization, we find a different way of thinking altogether that doesn't help improve customer service quality. Frontline service employees, focused on getting it right the first time, trained to carefully follow all procedures, and encouraged by management to achieve more and more results in less and less time, find themselves answering the phone, opening the mail or meeting the next customer in person thinking to themselves, "I hope this customer isn't a pain in the neck!"

After all, customers with questions and unusual requests generally take more time, lead to more errors and can result in a general slowing down of the whole system.

No wonder so many customer requests for anything out of the ordinary are met with the retort: "We don't do it that way" or "That's not how our procedures work here."

Service Encounters Of The Second Kind

In Service Encounters of the Second Kind, your company approaches the customer with a question that goes beyond standard offers of X product at Y time and Z price. Instead of the basic "What do you want," your service representatives now pose a more inviting question: "How do you want it?"

Faced with such an open-ended question, the customer naturally replies, "I want it the way I want it. I want it special. I want it my way!"

Your company's service focus must change if you are to deliver what your customer wants just the way your customer wants it. Special products, unique combinations, odd-hour deliveries, different schedules for pricing or payment - all are new challenges for your service team to understand and accomplish to improve customer service quality.

In Service Encounters of the Second Kind, breakdowns in the service delivery system are to be expected at first - and then overcome to improve customer service quality. Responsiveness and flexibility become your prime objectives to improve customer service quality. The organization focuses on being adaptable, accommodating and open to changing requests that improve customer service quality and satisfaction.

Your service system improves, not through vigorous efforts to standardize but through your willingness and commitment to customize to improve customer service quality!

Companies that succeed in this challenging undertaking (giving their customers what they want, when and where they want it and just the way they want it) earn their reputations in the market as quick, responsive and open to ongoing change. In short, they understand how to improve customer service quality.

When a company is recognized for welcoming and fulfil-ling unique customer requests, the result is not only customer satisfaction, but a well-deserved and valuable reputation for customer delight.

In these responsive second kind organizations, training programs include active listening, creative problem-solving, and attitude-building activities to improve customer service quality. Staff learn how to find a "yes" for the customer rather than rolling out the standard "no."

Marketing isn't a broadside of mass advertising. Rather, it's a selection of specially modified programs gently pushing customized products to key segments of the market. Clients aren't "sold to" here, they are served to improve customer service quality.

In the staff and management mindset of these organizations, we find a shared and sincere commitment to "bend over backwards" for the client to improve customer service quality.

For example, one adapting company proclaims, "We'll go out of our way for you!" But this catchy phrase reveals the remnants of a first-kind encounter company being forced into second-kind levels of service. Here management is essentially saying: "We still have our way.

But don't worry, we'll go out of our way just for you."

You can see this contrast in the advertising of two fast food restaurant chains. A&W features large posters that read: "You'll love our way!" (That's Service Encounters of the First Kind.)

Compare this with the slogan and jingle for Burger King: "Have it your way!" (That's Service Encounters of the Second Kind.)

At which establishment will you feel more comfortable saying, "Two chicken burgers, please. One with extra ketchup and no pickles, and one cooked rare, hold the onions and two packs of mustard on the side?"

Burger King goes even further with its follow-up campaign: "Sometimes You've Just Gotta Break the Rules." That's a direct invitation to highly customized Service Encounters of the Second Kind: "Have it your way."

Service Encounters Of The Third Kind

In Service Encounters of the Third Kind, your company welcomes the customer in a manner completely different from the standardized "What do you want?" or customized "How do you want it?"

In a Service Encounter of the Third Kind, your company looks to the customer with interest and patience, and asks the somewhat unlikely question: "What do you want to become?"

Most customers, if they are given an opportunity to reflect on this very open-ended question, realize that they are, in fact, still a bit uncertain about the future and will reply, "Actually we're not entirely sure yet." And then, availing themselves of the sincerity and interest you have shown, might add, "Could we talk about it together?"

Your question, and their response, opens the door to a very different and collaborative conversation: a Service Encounter of the Third Kind, which can work over the long haul to really improve customer service quality.

Your company's focus shifts again as you enter into a new dialogue with customers, seeking to understand and add value to their plans and possibilities for the future to improve customer service quality. These conversations, held in a mood of mutual discovery, are concerned with much more than just meeting a customer's existing business requirements. By exploring scenarios and possibilities, you and your customers work together to resolve breakdowns that might emerge only in the future and you improve customer service quality as a result.

For example, innovative financial service companies in Japan consistently ask their customers, "What do you want to become?" And customers consistently answer, "I want to become a homeowner, and I want to pass the home on to my children."

But housing prices in Japan have climbed beyond the average customer's reach. What was the jointly planned and innovative solution to improve customer service quality? Mortgages with payment terms spanning two generations - and customer relationships that endure beyond a lifetime. Talk about a measure to improve customer service quality!

In this third kind of customer service, companies must be willing to adapt, modify and in some cases entirely reinvent the purpose and procedures of their business to improve customer service quality. Rather than "standardize" or even "customize" existing products and systems, third-kind companies must make a commitment to "customer-ize" - to become whatever customers need them to become in order to work together in the future.

For example, railroads in America thought they were in the train business many years ago and nearly went bankrupt asking the customer, "What type of train car do you want to travel in, where do you want to go to and at what price do you want to travel?" They built coach cars, dining cars, sleeping cars and more to improve customer service quality.

But since they never asked the customer, "What do you want to become?", railroad companies did not foresee the need for airborne shipping and travel, and missed evolving into airline companies altogether.

Today, government financial support is necessary just to keep American railroads alive.

Companies that do evolve and improve customer service quality get noticed and earn the respect of customers as relevant, dynamic and constantly changing organizations. They are focused on and committed to the future and taking steps to improve customer service quality. They are not stuck in the success of their past.

Committing to Service Encounters of the Third Kind means you and your customers enter into an intimate and closely linked evolution to improve customer service quality. As changes in the business environment demand greater innovation, more flexibility and even faster response, you learn to adapt, anticipate and actively support each other to improve customer service quality.

This association is not based on customer satisfaction or even on customer delight. Instead, the inventive and interactive quality of this relationship is founded on a level of customer loyalty that is precious to both parties, and can be vital to a vibrant future.

Competitors can steal away a satisfied customer by offering a little bit more satisfaction, and can even lure away a delighted customer by offering a little more delight. But a loyal customer is one who sees his future emerging in part due to your commitment to improve customer service quality. "Win-win agreements" and "building synergy" become passwords for communication between your company and your customer.

Adding long-term value is a goal you take responsibility for together and it will improve customer service quality.

Training programs in third-kind companies highlight the principles of cooperation, collaboration, creativity, invention and design to improve customer service quality. Real customers and suppliers are featured and included in the real-time training programs that improve customer service quality.

The customer is no longer sold to, nor simply served. He is genuinely cared for through a conscientious relationship that builds trust and momentum over time while helping improve customer service quality.

Your service representatives do not "hard-sell" or "push" their products. Instead, they work closely with customers to ensure that appropriate products are "pulled" from your organization to improve customer service quality.

Customers also influence the development of your organization's future competencies, capabilities, and commitments to improve customer service quality.

Staff and management share the same mindset toward the third-kind customer: "We make your concerns our concerns." And in such an atmosphere of growing trust, your customer can make similar long-term and loyal commitments back to you. The customer comes to count on you, rely on you and evolve with you. All of this because you took the steps to improve customer service quality.

In the fast-food industry, for example, McDonalds is now test-marketing an all-soy "veggie burger." This is in direct response to customers who said, "We are becoming more health conscious and we want to eat healthier foods."

Third-kind insurance companies now reap an ever greater slice of the savings and investment pie. Agents no longer ask the simple question, "Do you want whole life, term or endowment?" Instead leading companies provide their representatives with entirely new categories of investment and insurance products addressing individual concerns and responding to changing needs to improve customer service quality.
While these are some of the success stories, other companies have missed the importance of third-kind service and teeter dangerously close to the edge of obsolescence.

General Motors, for example, suffered a serious erosion of market share and loyalty before they heard what their customers were saying: "We want to become more efficient, more cost conscious, and more environmentally friendly." Other companies listened, took steps to improve customer service quality and delivered appropriately designed new cars. Customers responded, giving back profits and gains in market share.

Intricate slide rules were famous for aiding calculation in my father's day. Manufacturers diligently asked the engineers, "How do you want it?" and built an impressive range of slide rules in response: wooden, plastic, steel, large, pocket-sized, flat, round and double-sided.

But they never asked what customers were "becoming," so didn't hear their customers' growing urge for things instantaneous and electronic. The firms that built a wide range of precision slide rules are now gone. Not one slide rule maker is among the calculator and computer manufacturers of today because they did nothing to improve customer service quality.

From carbon paper to photocopies, buggy whips to stick shifts, typewriters to computers, copper wire to fiber optics, smoke signals to wireless, each evolution begs the question, "What happened to those companies?" Did they make the switch? Did they survive? Did they move from "What do you want?" to "What do you want to become?"

In an environment of continually accelerating change, the only certainty we have is that the future will be different from today. The opportunities for evolution and collaboration with your customers will be endless.

What about your company? Will you gradually go out of business with a standardized service system that provides efficient answers to questions your customers no longer ask?

Or will you change the tone and tenor of your service encounters from the order taker asking, "What do you want?" and the order maker's, "How do you want it?" to the loyal business partner who patiently and intelligently asks, "What do you want to become?"

This change requires a new mindset and new methods for engaging with your customers and suppliers. It's called Service Encounters of the Third Kind. Learn it and you will improve customer service quality for the better.

Tuesday, November 9, 2010

Wedding Insurance - Consider the Consequences of Anything That May Go Wrong on Your Special Day

When planning your wedding, the last thing you want to think about is all the things that could go wrong on the big day. It hardly seems like a very romantic or optimistic train of thought in the run-up to a day full of celebration and love but, with the average wedding costing in excess of £10,000, it would be imprudent not to seek some kind of safety net.

In current financial times, there is little job security and the investment required for a wedding can be a daunting undertaking. More and more businesses are suffering under economic pressures and whispers about downsizing or restructuring can cause incredible stress for those looking at investing thousands into their forthcoming wedding.

Like pre-nuptial agreements, wedding insurance can seem a little like looking at the glass half empty when it is close to overflowing, but a little time spent considering the potential catastrophes that could tarnish your day will quickly convince you that some kind of wedding insurance is a good idea.

Inevitably, there are many different wedding insurance policies available, and the majority cover the basics as well as the worst case scenario - having to cancel or postpone the whole event. While it is not possible to insure against a groom's absence on the big day or the bride running off with the best man, policies do offer cover for cancellations to due illness or bereavement in the immediate family.

One cost that is often overlooked when planning for a wedding is the prospect of having to pay legal fees as a result of a dispute with a supplier. For example, the catering company fails to arrive on the specified day or the florist sends black carnations instead of white lilies. While there is little that can be done on the day, afterwards there might a potentially expensive legal case against them for their failure to supply. Having wedding insurance will ensure you do not have to scrimp on your honeymoon in order to scratch together the finances to cover the legal proceedings.

As with any insurance policy, it is important to shop around and find the right wedding insurance policy for you. Some may be more suitable for couples marrying at an international location while others may just cover the basics. While it may be tempting to opt for the first or cheapest policy you see, make sure you read the fine print before committing to a policy to ensure you know exactly what is and is not covered. For example, some policies may cover wedding presents for the duration of the ceremony but then will not cover any loss or damage that occurs as the presents are being transported home.

The most comprehensive wedding insurance policies actually come with a stress counselling helpline that you can call when the burden of balancing work, home and wedding preparations all becomes too much. Research from a prominent insurance company indicates that planning a wedding is almost as stressful as buying a house, so this option may become more appealing as the process gets underway and the challenges become more apparent.

Wedding insurance is a great way to make certain that the money you have invested into your big day does not go to waste if fate decides to throw more than one hitch your way.

Sunday, November 7, 2010

The Prudent Man Rule - Needed Now More Than Ever

The Prudent Man Rule is based on common law stemming from the 1830 Massachusetts court decision - Harvard College vs. Armory. (26 Mass.) 446, 461 (1830). The Prudent Man Rule directs trustees "to observe how men of prudence, discretion, and intelligence manage their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income, as well as the probable safety of the capital to be invested."

The Prudent man Rule, which puts protection of capital ahead of chasing returns has been discarded by a large majority of financial executives, senior banking officials, government agencies like the SEC and FINRA, and the advisor down the street as being out of date, founded on archaic principles, meaningless in today's electronic information age. In its place they have erected a straw man: The Prudent Investor Rule.

The Prudent Investor Rule - Not...

The Prudent Investor Rule, simply stated, is that diversification is prudent enough. As long as your advisor takes your risk tolerance into account, completes a suitability questionnaire, shows you how to invest across industries and geography, among a variety of investment products, and in different sized companies you should be OK...and the advisor's off the hook.

BUNK!

Look around. It's June 2009. The financial sky is figuratively falling. Banks are failing. The Dolts in DC keep borrowing to bail out the borrowers. The highly rated investments of a few months ago are worthless today.

Investing Defined...

There are alternatives. You do not have to follow conventional wisdom to create wealth and manage your money efficiently and effectively. Investing on the terms dictated by Wall Street wonks and the Dolts in DC is not, as we see in the next paragraph, investing at all.

Benjamin Graham the "Dean of Wall Street" and Warren Buffet's mentor, held that an investment has two essential characteristics: "An investment operation is one which, upon thorough analysis, promises safety of principal and a satisfactory return. Operations not meeting these requirements are speculative."

A Break with Conventional Wisdom...

If we put the The Prudent Man Rule together with the formula of Benjamin Graham it becomes clear that - regardless of how "diversified" one's "portfolio" - almost every "investment" that was presented to American consumers during the past thirty years is no investment at all; it is mostly "speculation."

Calling these financial products "investments" is a ploy to justify having uninformed registered reps that are protected by their Behemoths sell these speculative products disguised as investments to misinformed consumers.

Islands of Sanity and Safety...

Mutual insurance companies and your local credit union are among the most respected financial businesses in America - and with just cause. While the rest of America's and the world's financial infrastructure is imploding, mutual insurance companies and credit unions are doing quite well. The reason that is so? They follow the Prudent Man Rule in its purest form.

Insurance policies issued by mutual insurance companies continue to increase in value tax-free, every year at a guaranteed rate and continue to pay tax-free dividends as well. Credit Unions are less at risk than other depositor funded institutions because they continue to serve a small community as non-profits. In both cases, the policy owners or depositors own the companies. There are no outside investors greedy for profits at any cost.

Consider...

Mutual fund companies and other investments do not guarantee or even hint at promising "safety of principal and a satisfactory return." They claim that "diversification" makes up for that failure. It doesn't. They claim that everything will work out in the "long term." But what if your long term is today and the value of your account is less than half what it was just a year ago?

It is apparent during these days of bank failures, investment company executives being indicted for foisting false financial products and promises on "we the people," and tumultuous market fluctuations that the paradigm that got us here is not going to get us out. We're in a ditch we don't want to be in...stop digging!

The stock markets, mutual funds, and virtually every financial product promoted to Americans represent unwarranted gambles - speculation - dressed up as "investments." Even the money you pour into your Las Vegas style 401(k) plan is unprotected from the speculative nature of the underlying investments and is subject to potentially confiscatory income taxation when you finally get around to drawing it out.

Secure savings and financial growth in credit unions and in cash value life insurance are today - as they have always been - the surest and safest places for your money; the most solid foundation for your personal economy; the most likely source for:

secure retirement income
ready cash for life's surprises
a meaningful legacy for those you care most about
not to mention freedom from debt

Saturday, November 6, 2010

Massachusetts Home Insurance - How to Get the Best Rate

Looking for Massachusetts homeowners insurance? Want to get a cheap Massachusetts homeowners insurance quote from a reliable company? Read on ...

Why Shop for Insurance?

Your home is a valuable possession and it houses many other valuable possessions. Without insurance, it could take you years to recover from the financial loss if your home were to be damaged by fire or storms, or if someone were to slip and fall on your property and sue you.

Insurance rates vary tremendously from company to company, so you want to comparison shop to make sure you're getting the best rate. In addition, you also want to make sure the company you choose is reliable and will give you good customer service.

Even if you already have insurance on your Massachusetts home, it's important to update your insurance regularly. You may have remodeled and added to the value of your home or you may have purchased some jewelry that you need to have insured. This is a great time to get some insurance quotes from several companies in order to get the best possible rate.

How to Get Cheap Massachusetts Home Insurance

The best way to get cheap Massachusetts home insurance is to comparison shop. You can do this by calling local insurance companies on the phone, but it's far easier and much quicker to go to an insurance comparison website. At these sites you fill out a simple form, including information about the type of home you own and the amount of insurance you want. Then all you do is wait for your quotes and choose the best one.

The best comparison websites offer two advantages over the other sites:

1. They only deal with A-rated insurance companies so you can rest assured you'll get good customer service with a reputable company.

2. They offer an online chat feature and a toll-free telephone service so you can get answers to your homeowners insurance questions from trained professionals. (See link below.)

Friday, November 5, 2010

Bullet Proof Your Safe Money With Annuities

On October 19, 1987, known as "Black Monday," the Dow Jones Industrial Average dropped 508 points. This was a one-day record loss of 22.1% of the stock market's original value. Many 401(k)'s became "201(k)'s" overnight. Nearly $600 billion of investors' assets vaporized instantly. According to an October 11, 1997 Reuter's news report by Pierre Bellec, he quotes John Geraghty at North American Equity Services: "'Electronic trading made the '87 crash much worse because it was the blasting cap on a stick of dynamite,' he said. 'The blocks of millions of shares was the spark that set waves of chain-reaction selling into motion, drowning individual investors, institutional (investors) and mutual fund traders.'" People lost thousands of dollars of their hard-earned savings overnight. That money was to help them comfortably live out the rest of their lives during retirement. If this happened to you, how did you feel about it? If it never happened to you, how would you feel if it did? Please, I'm not slamming the stock market, because I invest in it myself. It is one of the best ways to get capital appreciation over a long period of time. Also it's a great way to get ahead of inflation. However, the reality is that if you put all your "eggs in one basket" in the market, you expose yourself to a greater risk. Your risk is losing a good portion or all of your money with little chance to recover it. Isn't that money you wanted to live on after you retire? You expected to live comfortably after retirement, right?

How will you and your spouse deal with a lower standard of living for the rest of your life? An article in Black Enterprise, October 1994, says: "But most 'people in their 20s couldn't care less about retirement,' says: Roberta Berger, a chartered financial consultant and the president of Capital Control Concepts in Rhinebeck, N.Y. 'Those in their 30s think it's a good idea. People in their 40s believe they should do it. And those in their 50s say they should have done it when they were in their 20s,' she points out." To quote the American Institute of CPA's, Retirement Planning: Achieving Financial Security for Your Future, 2004: "According to a study conducted by the U.S. Department of Commerce, only 5% of all Americans are financially independent at age 65. 75% of all retirees are forced to depend on family, friends, and Social Security as their only sources of income." How would you feel about depending on your family, your friends, and your Social Security for the rest of your life? Are they all guaranteed to be there for you forever? The good news is you can avoid a terrible situation for yourself and your spouse by proper planning immediately. You need to make a good portion of your assets your "safe money." No matter how far the stock market drops, no matter what interest rates do to volatile bond markets, your safe money needs to have a bulletproof vest on. While other investors are on the Titanic, you need to be on a completely different ship, far away in a safe harbor. The way to get into your safe harbor is through the time-tested financial vehicles called fixed annuities. An annuity is a contract between an individual and an insurance company. The owner agrees to pay the insurance company a single payment or a series of payments. The insurance company agrees to pay the annuitant a fixed amount on a regular basis, starting immediately or at a later date. Fixed annuities give you GUARANTEES. You are guaranteed your safe money will be safe - no losses at all no matter how far the stock market drops. Also you will have a minimum interest rate guaranteed to you. Your current interest rate will be determined by the investment performance of the company, but it will never go below the minimum. What that means to you is a sense of security. You are also guaranteed an income that you will never outlive. You won't worry about depending on family, on friends, and on Social Security as your only means of support. Fixed annuities are SAFE. Very strict state laws mandate insurance companies that offer annuities are to have enough reserves to fulfill their all contractual obligations to their policyholders. Historically, these companies have weathered a lot of financial storms. Investigate the long-term financial strength of a company. Your best bet is to look for an insurance company that has an A.M. Best rating of "B" or better. Fixed annuities give you TAX-ADVANTAGES. The interest you earn with CD's, money-market accounts, etc. is fully taxable by the IRS. Your gains in an annuity are FULLY TAX-DEFFERED under current tax laws. If you own an annuity, you give up less money to Uncle Sam every year yet make more money rather quickly, interest earning from interest, year after year.

When you start receiving income payments from your annuity years later, you will probably have gotten into a lower tax bracket. You will have lower tax payments on your annuity payout. You also have a higher effective yield on your money, more than in a taxable interest-bearing CD. And again no matter how much you gain, you will never lose it when the market drops. Isn't that a good deal? Wouldn't you want to have more spendable money and more enjoyment in your life? But talk to your tax adviser, tax attorney, or accountant first. Fixed annuities can completely bypass PROBATE. Only the monies in annuities can avoid probate. First, all the details of the estate are "in the street" immediately as it is public information. You have no confidentiality at all about your assets. On top of that Nolo.com says: "In a nutshell, there are two big problems with probate:

It usually ties up property for months, sometimes even a year.
It's expensive. Attorney and court fees can take up to 5% of an estate's value."

Your loved ones may not avoid probate completely, but with an annuity, your safe money will pass into their hands immediately with no hassles nor headaches for them. What that means to you is that you will be secure in the knowledge that your heirs will receive the largest possible amount of your estate. Fixed Annuities give you OPTIONS. If you need ready access your funds, you get free withdrawal privileges without surrender charges, usually 10% annually (after you've held the annuity for at least a year). What that means to you is security in knowing that in an emergency, funds are available. Many annuities give a nursing care rider which gives you access to funds without a penalty to help pay for your nursing care expenses. Many annuities also give you a terminal illness rider to allow you to access your funds without penalty.

Depending on your state's laws fixed Annuities may give you ASSET PROTECTION. For example, California law protects your annuities and life insurance policies from creditors within certain limits. (We suggest you check with your attorney or tax advisor.) In a February 25, 2002 article from USA Today called "Lay Bought Annuities Creditors Can't Touch," it says: "Cry for Argentina, but don't cry for Ken Lay. The former Enron CEO, whose wife said on the Today show that they face a 'liquidity crisis,' are guaranteed about $400,000 a year in income starting in 2007. "Unlike the Lays' other assets, which are threatened by lawsuits, Texas state law puts annuities out of reach of creditors and plaintiffs' lawyers. "Two years ago, Ken and Linda Lay purchased annuities from Canadian life insurer Manulife. As of a month ago, according to a source familiar with the transactions, their combined accounts were worth $4.7 million. The Lays' annuity plans, purchased through Houston financial planner Rocky Emery, guarantee a 6% annual return starting in 2007." You may love Ken Lay or hate him. The point is he created a safe harbor for his finances. The Lays bulletproofed their safe money and are set for life. Have you done the same for yourself and for your spouse? Richard W. Duff, J.D., CLU in The Journal of Financial Planning said: "Under the right circumstances, annuities can work magic. They may solve a troublesome problem, or improve the overall financial picture even when no issue exists." Need I say more? To repeat: The good news is you can avoid a terrible situation for yourself and your spouse by proper planning immediately.

Thursday, November 4, 2010

Insurance In Tort Laws

INTRODUCTION
This project has been an eye opener for me. It is extremely relevant to the modern times and as the future of India we should understand that it is the common mass that runs the country. Consumer protection rights are an important issue in modern days. The law can be effectively used to stop any abuse of the common people especially illiterate masses who do not understand the rules and regulations which is to be followed while buying particular item. It is law, the controller of the entire society which can stop this abuse from taking place. It can place effective standards guiding a product's genuinity and the proper verification of its price. No extra taxes should be issued according to the seller's wish. I have proceeded by referring to the books written by Avtar Singh, Venkat Rao and others. It has been a wonderful and educational delight in going about this topic and making a project which is of greatest importance in the present day scenario.

DEFINITION OF CONSUMER
The words "consumer", "consumed", "consumption" is all cognate, and when one is defined, the contents of the definition go into all of them wherever they occur in the same act.
Section 2 of the act wherein 'consumer' is defined. According to him, the definition of the consumer will not take a client who engaged the advocate for professional services.
Consumer means any person who-
- Buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system or deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly promised or under any system of deferred payment when such use is made with the approval of the person, but does not include a person who obtains such goods for resale or for any commercial purpose
- Hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for the consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial support

In Black's Law Dictionary it is to mean:
One who consumes. Individuals who purchase, use, maintain or dispose of products and services. A member of that broad class of people who are influenced by pricing policies, financing practices, quality of goods and services, credit reporting debt collection and other trade practices for which the state and federal consumer laws are enacted.

OBJECTVES OF THE ACT
The act is dedicated, as its preamble shows, to provide for better protection of rights of consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for settlement of consumer disputes and for other connected matters. In the statement of objects, reasons it is said that and the act seeks to provide speedy and simple redressal to consumer disputes. Quasi judicial body machinery has been set up at the district, state and central levels. These quasi judicial bodies have to observe the principle of natural justice and have been empowered to give relief to a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non compliance of orders given by quasi judicial bodies have also been provided.
The object and purpose of rendering the act is to render simple, inexpensive and speedy remedy to consumers with complaints against defective goods and deficient services and for that quasi judicial machinery has been sought to be set up at the district, state and national levels. These quasi judicial bodies are required to apply the principle of natural justice and have been empowered to give relief of specific nature and appoint wherever necessary, compensation to consumers.

INSURANCE
An operational definition of insurance is that it is
- the benefit provided by a particular kind of indemnity contract, called an insurance policy;
- that is issued by one of several kinds of legal entities (stock company, mutual company, reciprocal, or Lloyd's syndicate, for example), any of which may be called an insurer;
- in which the insurer promises to pay on behalf of or to indemnify another party, called a policyholder or insured;
- That protects the insured against loss caused by those perils subject to the indemnity in exchange for consideration known as an insurance premium.
The influence of insurance on the law of torts has been significant, both on theoretical level and on practice. Insurance has undermined one of the two main functions of awarding of damages, and it has in cast doubt on the value judgements made by the courts in determining which particular test of liability is appropriate in the given circumstances.
Regardless of whether in the particular circumstances the appropriate principle of liability is intention is malice, fault or strict liability, the purpose of common law damages remains the same. The primary purpose of an award of damages is to compensate the victim for his loss, with view to restoring him as near as possible to the position he would have been in but for the tort of the wrongdoer. But damages have another: by making the wrongdoer responsible for meeting an award of damages, the courts are trying to deter others from committing similar tortuous wrongs.

Insurance vitiates the secondary purpose of damages, at the same time incidentally ensuring that the primary purpose is more often achieved.
It can scarcely be realistically asserted that insured defendants are deterred by the prospect of losing no-claims bonus or by increasing of premium on renewal of their policies. Once it is conceded that insurance renders compensation for the sole purpose of damages but then the tort action itself becomes vulnerable to attack, for there are many ways-some perhaps fairer and administratively cheaper than tort- of compensating a victim for a loss he has suffered.
Prima facie, where a person suffers loss of recognized kind as the result of another's act, then the latter should have to make good that loss. But for valid reasons, the courts have held that, in certain circumstances, the actor will have to compensate his victim only if he is at fault. The victim's right to compensation is, therefore curtailed in an attempt to be fair to both the parties. The courts have made a policy decision that, in the circumstances, it is right to reward a defendant who has been careful by protecting him from liability for the consequences of his actions and that, as a corollary the plaintiff must forego his compensation. The policy decision is made on the supposition that the wrongdoer would himself have to pay for the damages but for this protection; it by no means follows that the same decision would be made if there were no risk of the wrongdoer having to provide the compensation.

It is difficult to judge the victim's right to compensation should be curtailed when that curtailment is not justified by a corresponding benefit to the wrongdoer. The requirement of fault ceases to play its role as the leveler between the victim's legitimate expectations and the wrongdoer's legitimate expectations, and becomes simply a hurdle to the victim's progress to compensation. If it is accepted that no one can insure against liability for harm caused by intentionally to another , then similar arguments can be made by the inappropriateness of the victim's having, in certain circumstances to prove an intention to do him wrong or harm, when it is irrelevant to the wrongdoer whether he had such an intention or not.

Again the victim's right to compensation is being curtailed without any corresponding benefit to the wrongdoer.
However, insurance has influenced the law of tort on a much more practical level as well. While the fact of insurance is not of itself a reason for imposing liability , there can be no doubt that it does add "a little extra tensile strength" to the chain which a wrongdoer to his responsibilities.
As well it has given new horizon to damages ; it is true that traditionally it was considered to inform the court that a defendant was insured , but "those days are long past" and now it is frequently openly recognized that the defendant would be insured.

The policy of insurance constitutes a contract of insurance between Life Insurance Corporation or a subsidiary of General Insurance Company of India, as the case may be, such services such has been undertaken to render under the contract of insurance. However as a rule, occasion to render services arise only when insured surrenders his policy, or the policy matures for payment or the insured dies or any other contingency which gives rise to render service occurs.
Breach of contract of insurance may give rise to a cause of action to file a civil suit, but such breach of contract may itself constitute deficiency in service, so as to give a cause of action to file a complaint under the consumer protection act for one such more relieves awardable hereunder.
Section 13(4) of the act vests in a redressal agency powers of the Civil Court, while trying a suit in respect of such matters as examination of witnesses on oath and production of documents. Declining to exercise jurisdiction in a case before it only because it involves examination and cross examination of facts, witnesses and production and consideration of documents would amount to abdication of its jurisdiction.

Such discretion can be exercised only when the gives rise to several issues and necessities taking of voluminous oral and documentary evidence, or otherwise involve complex questions of fact and law which cannot be decided in time bound proceedings under the consumer protection act.

MOTOR VEHICLE INSURANCE
Where the sale of a vehicle is complete, the title therein passes to the purchaser notwithstanding that his name has not been recorded in the R.C.Book. Such owner is entitled to get his vehicle insured and also to maintain a claim on the basis of such insurance. The earlier owner, who has lost insurable insurance on the sold vehicle, cannot advance a claim on the basis of policy of the said vehicle, earlier taken by him, on the ground that he is still the recorded owner of the said vehicle.
Section 157 of the motor vehicles act is only in respect of third party risks and provides that the certificate of insurance described therein shall be deemed to have been transferred in favour of the person to whom the motor vehicle is being transferred. It does not apply to other risks, if any, covered by the policy. If the transferee wants to avail the benefits of other risks covered by it, he has to enter into an agreement thereof with the investor.

FRAUD BY INSURER
If it is established that the discharge voucher was obtained by fraud, misrepresentation, undue influence or coercive bargaining or compelled by circumstances, the authority of the consumer forum may be justified in granting relief. Mere execution of the discharge voucher would not deprive the consumer of his claim in deficiency of service.

DELAY IN SETTLEMENT OF CLAIM
In Sarveshwar Rao v. National Insurance Company Ltd. , it was held that the delay of two or more years in settling the insurance claim would result in inadequacy in the quality, nature and manner of the service which the insurance company has undertaken to render, and amounts to deficiency in service.
In Delkon India Pvt. Ltd. V. The Oriental Insurance Company Ltd. . The National Commission has held that it was a deficiency of service to have delayed the claim by two years on the ground that the final police report was not coming.

INTERPRETATION OF TERMS

In Skandia Insurance Company v. Kokilaben Chandravadan , the honorable Supreme Court ruled that the exclusion terms of the insurance must be read with so as to serve the main purpose of the policy, which is to indemnify the damages caused to the vehicle.

CONDUCT OF THE INSURER
In Oriental Insurance Co. Ltd. V. Mayur Restaurant and bar , the conduct of the insurer was under question. The commission held that deficiency of the service was established on the part of the opposite party on two counts i)delay in settlement of claims and ii) unreasonable and un maintainable reasons for repudiating the claim of the complainant, and the compensation with the interest and cost was awarded.

SUICIDE BY THE ASSURED
In Life Insurance Corporation v Dharma Vir Anand, the national commission refused to hold the insurance commission liable as the insured committed suicide before the expiry of three years from the date of the policy.

BREACH OF TERMS
In B.V.Nagarjuna v Oriental Insurance Company Ltd., the terms of insurance contract permitted the insured vehicle to carry six passengers at a time but the driver allowed two more persons to get in. It was held that merely adding two more persons without the knowledge of the driver did not amount to indemnification by the insurance company.

NOMINEE'S RIGHTS
In Jagdish Prakash Dagar v. Life Insurance Corporation , it was held that a nominee under a policy of life insurance will be a consumer within the meaning of section 2(1) (d) of the Consumer Protection Act. The commission held that the nominee could legislatively maintain an action against deficiency raised in service by the arbitrary decision of the insurer.

REPUDIATION
Repudiation is defined as the renunciation of a contract (which holds a repudiator liable to be sued for breach of contract, and entitles the repudiatee on accepting the repudiation to treat the contract as at an end
This concept of repudiation is needed in the concept of insurance. The concept of repudiation will be dealt hereto a number of times and to provide beneficiary evidence, the definition has been given.
Unilateral repudiation of its liability, under the contact of by the life insurance corporation or an insurance company does not, by itself oust the jurisdiction of a redressal agency, to go into the sustainability of such repudiation, on facts and in law and to decide and to adjudicate if, in the facts of the case, it amounts to deficiency in service or unfair trade practice, and if so, to award to the aggrieved person, such relief or reliefs under Section 14(1) of the said Act as he or she is entitled to. The fact that before such repudiation it obtained a report from a surveyor or surveyors also does not oust the jurisdiction of a redressal agents to into the merits of such repudiation, for otherwise in each case the corporation or such company, and deprived the aggrieved person of the cheap and expeditious remedy under the consumer protection act.
Where, however the corporation or the company conducts thorough investigations into the facts which have given rise to claim and other associated facts, and repudiates the claims in good faith after exercise with due care and proper application of mind, the redressal agency should decline to go into the merits of such repudiation and leave the aggrieved person to resort to the regular remedy of a suit in a civil court.
The law does not require the life insurance corporation or an insurance company to accept every claim good or bad, true or false, but it does require the corporation or the company to make a thorough investigation into such claim and to take decisions on it, in good faith, after exercise of due care and proper application of mind and where it does so it renders the service required by it and cannot be charged with deficiencies in service, even if, in the ultimate analysis, such decisions is wrong on the facts and in law and the redressal agency would be disinclined to substitute its own judgement in the place of the judgement of the corporation or insurance company.
The question as to whether repudiation of its liability does or does not amount to deficiency in service would depend upon the facts of each case.
Where a cheque sent towards a premium is dishonoured by the drawee bank and consequently the policy is cancelled or it lapses or the injured dies before the proposal is accepted and contract of insurance results, no claim can be founded in such a policy, which was cancelled or has since lapsed, or a contract of insurance, which did not materialize at all. Repudiation of such claim can never amount to deficiency in service.
Insurance agent is not entitled to collect premium on behalf of the corporation. Where an insured issues a bearer cheque towards premium and hands it over the insurance agent who encashes it, but does not deposit the premium with the corporation event till the expiry of the grace period and consequently the policy lapses and meanwhile the insured also dies, his nominee has to blame himself or herself for the indiscretion of the insured and cannot blame or fault the corporation.

BASIC PRINCIPLES OF INSURANCE

There are some basic principles concerning the topic of Consumer Protection Law and Insurance.
- Settlement of insurance claim is service, default or negligence therein is deficiency of that service
In the case of Shri Umedilal Agarwal v. United India Assurance Co. Ltd, the National Commission observed as under:
"We find no merit in the contention put forward by the insurance company that a complaint relating to the failure on the part of the insurer to the settle the claim of the insured within a reasonable time and the prayer for the grant of compensation in respect of such delay will not within the jurisdiction of the redressal forums constituted under the consumer protection act.

The provision of facilities in connection with insurance has been specifically included within the scope of the expression "service" by the definition of the said word contained in section 2(i) (o) of the act. Our attention was invited by Mr. Malhotra, learned counsel for the insurance company to the decision of the Queen's Bench in national transit co. ltd. V. customs and central excise commissioners . The observations contained in the said judgement relating to the scope of the expression insurance occurring in the schedule of the enactment referred to therein are of no assistance to all of us in this case because the context in which that expression is used in the English enactment considered in that case is completely different. Having regard to the philosophy of the consumer protection act and its avowed object of providing cheap and speedy redressal to customers affected by the failure on the part of persons providing service for a consideration, we do not find it possible to hold that the settlement of insurance claims will not be covered by the expression insurance occurring in section 2(1)(d).Whenever there is a fault of negligence that will constitute a deficiency in the service on the part of the insurance company and it will perfectly open to the concerned aggrieved customer to approach the Redressal Forums under the act seeking appropriate relief."

- L.I.C. Agent has no authority in collecting the premium
The supreme court held that under regulation 8(4) of life insurance corporation of India (agents) regulation, 1972 which had acquired the status of life insurance corporation agents rules with effect from January 31, 1981, which were also published in the gazette, LIC agents were specifically prohibited from collecting premium on behalf of LIC and that in view thereof an inference of implied authority cannot also be raised.

- Rejection of claim as false after full investigation
The national commission held as follows:
" from the facts disclosed by the record and particularly averments contained in the consumer affidavit filed by the first respondent it is seen that the insurance company had fully investigated into the claims put forward by the complainant that his claim was rejected. Thus it is not a case where the insurance company did not take a prompt and immediate option for deciding the claims against the insurance company. Having regards to the facts and circumstances of this case and the nature of the controversy between the parties we consider that this is a matter that should be adjudicated before a civil court where the complainant as well as the respondent will have ample opportunities to examine witnesses at length, take out the commission for local inspections etc. and have an elaborate trial of the case."

- Unilateral reduction in the insurance amount.
The national commission held that the insurance company is not entitled to make a unilateral reduction of Rs. 4, 29,771 from Rs. 30, 12,549 at which its own surveyor assessed the loss.

- Mere repudiation does not render the complaint not maintainable.
The national commission overruled the objection of the insurance company that merely because the insurer had totally repudiated its liability in respect of the claim, no proceedings could validly be initiated by the insured under the consumer protection act.

- Mere unilateral repudiation does not oust the jurisdiction.
The national commission held that merely because the insurer has repudiated the insurance claim under the policy unilaterally, it is difficult to hold that the various redressal forums constituted under the consumer protection act, 1986 will have no jurisdiction to deal with the matter that if such a contention of the insurance company can get a report from the surveyors, repudiate the claim and oust the jurisdiction of the redressal forums, that the redressal forums are, therefore, bound to see whether or not the repudiation was made in good faith on valid and justifiable grounds that if the surveyor or surveyors choose to submit the wrong report and the insurance company repudiates the claims without applying its mind then the repudiation cannot be said to be justified that the report of the surveyor will show that the investigations have been proper, fair and thorough and that it has to be remembered that the surveyors bread comes from the employer.

- Mere unilateral repudiation no ground to oust jurisdiction.
The national commission repelled the objection and observed as under:
"Ordinarily a remedy is available to a consumer in Civil Court but mere repudiation of claim arising out of policy of insurance under section 45 of the insurance act, 1938, cannot take away the jurisdiction of the redressal forum constituted under the act. The avowed object of the act is to provide cheap, speedy and efficacious remedy to the consumers and it is with this object that section 3 of the act lies down as follows:
3. Act not in derogation of the provisions of any other law: - the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force."
The national commission overruled the objection in the view of repudiation of contract of insurance by the corporation; the redressal agencies under the act cannot entertain the claim of the insured and reiterated the law laid down by it in the Divisional Manager, Life insurance Corporation of India, Andhra Pradesh v. Shri Bhavnam Srinivas Reddy.

- Removal of insured goods on attachment no theft.
It was ruled in the stated case that attachment of certain items of insured Machinery and goods by the bailiff of a civil court, though later found to be illegal and consequent removal did not amount to theft and or house breaking by force so as to entitle the insured to prefer a claim under politics.

- In case of refusal, and if the absence does not?
Nationwide said:
In m / s Rajdeep Leasing and Finance and others v New India Assurance Company Limited and others -
Rejection of the appeal by the insurer, after consideration and investigation reports of the two separate opinions of qualified experts and three other synods East is not said to make this as a lack of servicegive rise to the cause for a complaint under the Consumer Protection Act
In Oriental Insurance Co. Ltd. V Modern Industries Ltd, has chosen the National Commission that, where the letter stated, inter alia, that the risk under normal conditions in the contract of insurance is also called the responsibility of the applicant these terms and conditions, even if not sent by the insurance company of loans tounderstand the scope of risks covered by the policy and related matters.

The Life Insurance Corporation of India v. Dr. Singh Sampooran
The complainant had made 1982 a insurance 40,000 rupees, for the payment of inheritance tax on his house just in Chandigarh, in the event of his death and paid for five awards, but with the abolition of inheritance tax on a residential homeowners policy in 1985 by the ineffective becausethe act of state and not to any shortcomings on the part of society for disputes between the parties on the amount to be paid there, can not be understood as a lack of service on part of the company.

In M LIC India v / s Kanchan Murlidhar Akkalwar
The complainant applied to other for housing and on the advice of the latter, took two LIC policies, one for Rs 90,000 and Rs 20,000 each other for a contract for the purchase ofthe house with the house with the owner on the advice of the opposite party obtained a fire policy for Rs. 2 lakhs. The opposite party advised the complainant to obtain a release deed from the zilla parishad co operative society in respect of the she proposed to purchase with a certificate that the said plot is not mortgaged therein. The complainant got a certificate from the Maharashtra government that the vendor had re paid the housing loan and interest thereon due to Zilla Parishad Krishi Karmachari Sehakari Gribe Narman Sanstha and that there was nothing outstanding from him towards loan amount or interest. Still the opposite party did not release the loan. On these facts the national commission by its majority judgement observed that:
"We have carefully gone through the records and heard the counsel. Clause 1 (c) of the loan offer letter clearly states that the advance of the loan is subject to the property being free from encumbrances to the satisfaction of the insurance company and a good and marketable title. At the same time it appears that the respondent-complainant had to go through a number of steps, although necessary, having financial implications and causing mental and physical stress to her and at the end of all of which she was told that no dues certificate given by the maharashtra government in respect of the prospective seller of the property in question, was not "release of mortgage" certificate that was obtained. The respondent complainant perhaps also had in her mind the case of Mr. Vaishempayam who got the loan under similar circumstances. Thus the evasion petition is disposed of as above."

CONCLUSION
This project topic is increasingly beneficial in the modern times with the consumer protection rights being redressed with due care. It is being advertised in the mass media in our country. The slogan which our consumer is using is: "JAGO GRAHAK JAGO". The time has come to realize the ideal market situation in which the buyers are not persuaded or coerced falsely into buying items which are of no use to them at all. Besides the relationship between buyer and seller should not be damaged at any cost. The relationship between the buyer and seller is said to be a fiduciary relationship and the trust between them should remain intact. A time has come in which the customer should get his proper position in the market conditions. He has to have proper knowledge about what is going on in the market and the concerned prices and the supply and the different other practices referred to.
Insurance is a very sensitive issue in the modern times. People are being hoodwinked into signing up in companies which are turning out to be frauds in the true sense of the term. This project has been an eye opener to me and I have come to realize the importance of the consumer protection act and insurance.

Tuesday, November 2, 2010

TIME, what makes us tick

TIME what makes us tick? is it our inner clock, or are we part of a gigantic clockwork regulating our daily moves? Observed on a human scale, the very basic rhythm of every day is sunset and sunrise, we go in to bed and out of bed. A rhythm, so elementary and universal and at the same time so intimate. This is an impression of Sync' by Max Hattler and 'Bedrooms' bij Nelleke Koop with music by Dennis van Tilburg. These were part of the 'Time, what makes us tick?' installation in the Open Mind series of Pavlov E-Lab, presented on the Noorderzon Performing Arts festival 2010. In this edition Max and Nelleke collaborated with chronobiologist Martha Merrow and physicist Eric Bergshoeff in their mutual exploration of the theme of Time.



http://www.youtube.com/watch?v=q4PGaGFHXK4&hl=en

Monday, November 1, 2010

How to Go About Obtaining Insurance Quotes

The importance of obtaining Insurance Quotes cannot be emphasized enough. Due to the increase of crime in South Africa, every citizen should consider insurance in some form or another.

Different companies offer different policies with unique benefits. First you need to know what you want and what your specific needs are, then you can start comparing quotes and rates. To meet with each company's agent would literally take hours, so the best way to go about obtaining quotes is through online searching from the comfort of your own home. This is not only convenient, but cost effective as you will save time and money in the process. When you come across anything you don't understand, you can contact an agent through the website with a detailed list of your questions and queries. The quotes you receive online will include everything you need to know, such as terms and conditions of the policy as well as the costs, premiums and even discounts. Also, compare quotes from many different companies as each Insurance Company cater for different eventualities and will have something unique to offer.

There are different types of discount offers to also be on the lookout for. These could include a discount on a certain quota of miles driven for vehicle insurance, or even a discount when you don't have any traffic violations against your name. Other forms of discount could include a lower premium when you take certain safety measure around your home, such as smoke detectors, fire alarms or intercom systems. A cash back plan is also a special feature to look out for. The insurance company will pay you a certain amount back after a set period of time, provided you paid all your premiums on time. You would also receive a billing summary with most quotes; this is an analysis of the all the billing methods available to your. These include monthly premiums, quarterly premiums, annual premiums, and so forth. Also keep in mind that the premiums can change based on the cost of the coverage you choose. Looking at coverages is a good way to determine how much money is being spent on the amount of protection that is provided on a policy.

Once you receive your quotes, take a good look at the description of coverage. Look for information regarding what exactly the policy covers, are there any underwritten requirements as well as how many claims you are allowed annually and what the terms are for claiming. I'm a huge fan of making lists; jot all you questions and concerns down and write the appropriate answers or information next to each question. Once you have compared all the quotes you have against your list of questions and you are still unsure about certain benefits or aspects, retype it as an e-mail message and send it to an agent or broker at the Insurance Company. The benefit of this method is that you can still have contact with the Insurance Broke, from the comfort of your own home. The research that you did online will enable you to have that list of questions ready, a list you might not have had if you met the agent face to face.

Getting a quote is the first step in choosing a policy to suit your needs and to ensure you are covered should tragedy befall you.