Re: [Pmlsolicitors] Proof of Insurance issue
I think the demand for proof of insurance is defensible with respect to legally required insurance such as workers compensation insurance (or an attestation that it is not required due to some or another exemption from the requirement). I don't understand how it could be required with respect to insurance that is not legally required. I note that with respect to home improvement contractors, the registration law requires them to provide proof of liability insurance in the amount of 50k.
Joe Bresnan
-----Original Message-----
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of pmlsolicitors-request@lists.imla.org
Sent: Tuesday, January 30, 2018 5:51 PM
To: pmlsolicitors@lists.imla.org
Subject: Pmlsolicitors Digest, Vol 26, Issue 15
Send Pmlsolicitors mailing list submissions to
pmlsolicitors@lists.imla.org
To subscribe or unsubscribe via the World Wide Web, visit
http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org
or, via email, send a message with subject or body 'help' to
pmlsolicitors-request@lists.imla.org
You can reach the person managing the list at
pmlsolicitors-owner@lists.imla.org
When replying, please edit your Subject line so it is more specific than "Re: Contents of Pmlsolicitors digest..."
Today's Topics:
- colleague needs some help (Chuck Thompson)
Message: 1
Date: Tue, 30 Jan 2018 22:49:57 +0000
From: Chuck Thompson cthompson@imla.org
To: "ATTY-LIST@LISTSERV.MUNICODE.COM"
ATTY-LIST@LISTSERV.MUNICODE.COM, "pmlsolicitors@lists.imla.org"
pmlsolicitors@lists.imla.org, "IN-IMLAattorneys@lists.imla.org"
IN-IMLAattorneys@lists.imla.org, "'omaa@lists.imla.org'"
omaa@lists.imla.org
Subject: [Pmlsolicitors] colleague needs some help
Message-ID:
BN6PR1201MB2515F9C395591A1EA57BE2B7D8E40@BN6PR1201MB2515.namprd12.prod.outlook.com
Content-Type: text/plain; charset="us-ascii"
A city licensing ordinance requires evidence of insurance. A person seeking a license has a letter from his bishop claiming that the church to which he belongs (Amish) does not believe in insurance, but that the members of the church will stand behind the member if sued (although the extent of this "indemnification" is quite illusory in my mind). Can the city require evidence of insurance? Do you know of any accommodation? What are your thoughts? Please help. Chuck
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland 20850
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC Support Houston! Come to our Annual Conference in beautiful downtown Houston - October 17-21, 2018 - Come to both Seminar and Conference for bundled rate at www.imla.orghttp://www.imla.org/
[cid:image001.png@01D362C7.24D32E30]https://www.facebook.com/IMLA-259977855541/[cid:image002.png@01D362C7.24D32E30]https://www.linkedin.com/company/15375790/ [cid:image003.png@01D362C7.24D32E30] https://twitter.com/imlalegal [SoundCloud Icon] https://soundcloud.com/internationalmunicipallawyersassociation
This is a tough one. The easier part may be the justification for the insurance requirement. Assuming that the licensing is in connection with the rental of property, it would seem reasonable to require the lessor to have certain types of insurance. Given the religious affiliation of the lessor, there may be some First Amendment law on whether there is a religious exemption that would apply. Further assuming that bonding the commitment to "stand behind" the lessor in some manner, the alternative might be to have the congregation execute some kind of guaranty -- a kind of "self-insurance."
Any thoughts from folks practicing in one of the areas in the Commonwealth with a substantial Amish population?
William W. Warren, Jr.
Moderator PML Listserv
Saul Ewing Arnstein & Lehr LLP
2 North Second Street, Suite 700
Harrisburg, PA 17101
Office (717) 238-7698 | Cell (717) 979-5570
william.warren@saul.com
-----Original Message-----
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Joseph E. Bresnan
Sent: Wednesday, January 31, 2018 10:31 AM
To: pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] Proof of Insurance issue
I think the demand for proof of insurance is defensible with respect to legally required insurance such as workers compensation insurance (or an attestation that it is not required due to some or another exemption from the requirement). I don't understand how it could be required with respect to insurance that is not legally required. I note that with respect to home improvement contractors, the registration law requires them to provide proof of liability insurance in the amount of 50k.
Joe Bresnan
-----Original Message-----
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of pmlsolicitors-request@lists.imla.org
Sent: Tuesday, January 30, 2018 5:51 PM
To: pmlsolicitors@lists.imla.org
Subject: Pmlsolicitors Digest, Vol 26, Issue 15
Send Pmlsolicitors mailing list submissions to
pmlsolicitors@lists.imla.org
To subscribe or unsubscribe via the World Wide Web, visit
http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org
or, via email, send a message with subject or body 'help' to
pmlsolicitors-request@lists.imla.org
You can reach the person managing the list at
pmlsolicitors-owner@lists.imla.org
When replying, please edit your Subject line so it is more specific than "Re: Contents of Pmlsolicitors digest..."
Today's Topics:
- colleague needs some help (Chuck Thompson)
Message: 1
Date: Tue, 30 Jan 2018 22:49:57 +0000
From: Chuck Thompson cthompson@imla.org
To: "ATTY-LIST@LISTSERV.MUNICODE.COM"
ATTY-LIST@LISTSERV.MUNICODE.COM, "pmlsolicitors@lists.imla.org"
pmlsolicitors@lists.imla.org, "IN-IMLAattorneys@lists.imla.org"
IN-IMLAattorneys@lists.imla.org, "'omaa@lists.imla.org'"
omaa@lists.imla.org
Subject: [Pmlsolicitors] colleague needs some help
Message-ID:
BN6PR1201MB2515F9C395591A1EA57BE2B7D8E40@BN6PR1201MB2515.namprd12.prod.outlook.com
Content-Type: text/plain; charset="us-ascii"
A city licensing ordinance requires evidence of insurance. A person seeking a license has a letter from his bishop claiming that the church to which he belongs (Amish) does not believe in insurance, but that the members of the church will stand behind the member if sued (although the extent of this "indemnification" is quite illusory in my mind). Can the city require evidence of insurance? Do you know of any accommodation? What are your thoughts? Please help. Chuck
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland 20850
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC Support Houston! Come to our Annual Conference in beautiful downtown Houston - October 17-21, 2018 - Come to both Seminar and Conference for bundled rate at http://www.imla.orghttp://www.imla.org/
[cid:image001.png@01D362C7.24D32E30]https://www.facebook.com/IMLA-259977855541/[cid:image002.png@01D362C7.24D32E30]https://www.linkedin.com/company/15375790/ [cid:image003.png@01D362C7.24D32E30] https://twitter.com/imlalegal [SoundCloud Icon] https://soundcloud.com/internationalmunicipallawyersassociation
Yes, some thoughts from a PA solicitor: distinguish Burwell v. Hobby Lobby Stores, Inc.; track the guiding considerations within the majority opinion; and the municipality should prevail.
William P. Leeson, Esq.
From: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org on behalf of Warren Jr., William W. william.warren@saul.com
Sent: Wednesday, January 31, 2018 10:41 AM
To: 'Joseph E. Bresnan'; pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] Proof of Insurance issue
This is a tough one. The easier part may be the justification for the insurance requirement. Assuming that the licensing is in connection with the rental of property, it would seem reasonable to require the lessor to have certain types of insurance. Given the religious affiliation of the lessor, there may be some First Amendment law on whether there is a religious exemption that would apply. Further assuming that bonding the commitment to "stand behind" the lessor in some manner, the alternative might be to have the congregation execute some kind of guaranty -- a kind of "self-insurance."
Any thoughts from folks practicing in one of the areas in the Commonwealth with a substantial Amish population?
William W. Warren, Jr.
Moderator PML Listserv
Saul Ewing Arnstein & Lehr LLP
2 North Second Street, Suite 700
Harrisburg, PA 17101
Office (717) 238-7698 | Cell (717) 979-5570
william.warren@saul.com
-----Original Message-----
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Joseph E. Bresnan
Sent: Wednesday, January 31, 2018 10:31 AM
To: pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] Proof of Insurance issue
I think the demand for proof of insurance is defensible with respect to legally required insurance such as workers compensation insurance (or an attestation that it is not required due to some or another exemption from the requirement). I don't understand how it could be required with respect to insurance that is not legally required. I note that with respect to home improvement contractors, the registration law requires them to provide proof of liability insurance in the amount of 50k.
Joe Bresnan
-----Original Message-----
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of pmlsolicitors-request@lists.imla.org
Sent: Tuesday, January 30, 2018 5:51 PM
To: pmlsolicitors@lists.imla.org
Subject: Pmlsolicitors Digest, Vol 26, Issue 15
Send Pmlsolicitors mailing list submissions to
pmlsolicitors@lists.imla.org
To subscribe or unsubscribe via the World Wide Web, visit
http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org
or, via email, send a message with subject or body 'help' to
pmlsolicitors-request@lists.imla.org
You can reach the person managing the list at
pmlsolicitors-owner@lists.imla.org
When replying, please edit your Subject line so it is more specific than "Re: Contents of Pmlsolicitors digest..."
Today's Topics:
- colleague needs some help (Chuck Thompson)
Message: 1
Date: Tue, 30 Jan 2018 22:49:57 +0000
From: Chuck Thompson cthompson@imla.org
To: "ATTY-LIST@LISTSERV.MUNICODE.COM"
ATTY-LIST@LISTSERV.MUNICODE.COM, "pmlsolicitors@lists.imla.org"
pmlsolicitors@lists.imla.org, "IN-IMLAattorneys@lists.imla.org"
IN-IMLAattorneys@lists.imla.org, "'omaa@lists.imla.org'"
omaa@lists.imla.org
Subject: [Pmlsolicitors] colleague needs some help
Message-ID:
BN6PR1201MB2515F9C395591A1EA57BE2B7D8E40@BN6PR1201MB2515.namprd12.prod.outlook.com
Content-Type: text/plain; charset="us-ascii"
A city licensing ordinance requires evidence of insurance. A person seeking a license has a letter from his bishop claiming that the church to which he belongs (Amish) does not believe in insurance, but that the members of the church will stand behind the member if sued (although the extent of this "indemnification" is quite illusory in my mind). Can the city require evidence of insurance? Do you know of any accommodation? What are your thoughts? Please help. Chuck
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
51 Monroe Street
Suite 404
Rockville, Maryland 20850
202-466-5424 x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC Support Houston! Come to our Annual Conference in beautiful downtown Houston - October 17-21, 2018 - Come to both Seminar and Conference for bundled rate at http://www.imla.orghttp://www.imla.org/
[cid:image001.png@01D362C7.24D32E30]https://www.facebook.com/IMLA-259977855541/[cid:image002.png@01D362C7.24D32E30]https://www.linkedin.com/company/15375790/ [cid:image003.png@01D362C7.24D32E30] https://twitter.com/imlalegal [SoundCloud Icon] https://soundcloud.com/internationalmunicipallawyersassociation