2023 East Palestine Ohio Rail Disaster

The February 3, 2023 catastrophic derailment of a Norfolk Southern freight train at East Palestine Ohio is a prime example of the need to properly characterize and declare hazardous materials for shipment. When accidents happen during transportation, first responders and affected citizens have an urgent need – and a statutory right – to know what chemicals were involved, what emergency response procedures should be followed, and what risks are posed by the hazardous materials in transport.

The lawyers at Parr Richey are experienced in handling cases involving personal injuries, damage to homes and business property, and other losses caused by the failure of offerors or transporters of hazardous materials to properly characterize and document shipments of HazMat, and/or caused by negligent operations of transportation equipment. They also routinely handle personal injury and property damage cases of all kinds on behalf of businesses and individuals in Indiana and other states.  

Vinyl chloride (CAS # 75-01-4, chemical formula C₂H₃Cl) is associated with an increased risk of certain cancers, including liver cancer, brain and lung cancers, leukemia and lymphoma. Exposure by inhalation is, therefore, very concerning. As has been widely reported, several of the derailed cars involved in the accident were transporting vinyl chloride, and the chemical was involved in the controlled release as shown in various news reports.

Already in the case of the East Palestine derailment we are learning that some of the initial information provided by authorities in the critical early hours following the catastrophe was incomplete or incorrect. Attorneys at Parr Richey continue to monitor the developments in the ongoing investigation.  

Yes. Parr Richey is open for business. We are here for you.

Yes. Parr Richey IS open for business; and yes, we are taking on COVID-19 related cases.

The attorneys at Parr Richey want you to know we are ready to help you and your business recover from government-ordered shutdowns and the resulting significant interruption to your revenues and productivity.

The sooner you ask, the sooner we can help you get back on track.

Founded in 1899 in Lebanon, Indiana, by W. H. Parr, Sr. the lawyers at Parr Richey have served individuals, businesses and institutions for over 100 years – our strengths are your advantage.

Here are some of the ways we can help:

1. Insurance policies and contracts review to determine whether and to what extent COVID-19 related business losses may be covered or mitigated through insurance or other contractual claims.  We represent policyholders each and every day in claims of all types and sizes and have the ability to answer your questions effectively and efficiently.
2. Legislative relief determination and eligibility. The United States Congress has made an historic stimulus package available to qualifying businesses and individuals.  We can help you determine your eligibility and navigate the legal aspects of the process for getting help.
3. Employment law. Parr Richey attorneys have been helping businesses and individuals resolve employment and labor related issues for decades and we stand ready to answer your questions about how to handle workforce issues large or small.

Contact Mike Schultz at mschultz@parrlaw.com or 317- 501-2233

Contact Jim Buddenbaum at jbuddenbaum@parrlaw.com or 317-439-1181

2016 Indiana Homeowners Insurance Complaint Index

The Indiana Department of Insurance publishes complaint indexes for each year.  According to the Indiana Department of Insurance:

The table uses the amount of each company’s premium and the number of closed complaints against the insurer during a calendar year to arrive at a complaint index. A complaint index of 1.00 means the insurer’s share of all complaints received is equal to its share of all the business written in Indiana. An index of 2.00 means that the insurer’s share of complaints is twice as large as its share of business written in Indiana. An index of 0.50 means that the insurer’s share of complaints is half as large as its share of business.

See the IDOI website.

Here is the Index for 2016 for Homeowners Insurance:

NAIC #                   Company Name                       Premium            # of Complaints    Index

19240 Allstate Ind Co 3,135,849 1 5.15 19232 Allstate Ins Co 39,591,393 3 1.22 17230 Allstate Prop & Cas Ins Co 45,547,280 5 1.77 37907 Allstate Vehicle & Prop Ins Co 49,856,801 8 2.59 19100 Amco Ins Co -8,748 1 DNC 19275 American Family Mut Ins Co 84,519,004 9 1.72 28401 American Natl Prop & Cas Co 3,655,934 1 4.42 42978 American Security Ins Co 227,871 1 DNC 10395 Citizens Ins Co Of The Midwest 11,915,176 2 2.71 29734 Conifer Ins Co 2,697,353 1 5.99 22640 Consolidated Ins Co 36,610,526 3 1.32 10921 CSAA Fire & Cas Ins Co 17,308,442 5 4.67 26263 Erie Ins Co 57,635,841 4 1.12 26271 Erie Ins Exch 47,829,824 4 1.35 14176 Hastings Mut Ins Co 14,902,465 1 1.08 13927 Homesite Ins Co Of The Midwest 16,020,294 3 3.03 29068 IDS Prop Cas Ins Co 7,122,894 4 9.07 21679 Illinois Farmers Ins Co 12,681,456 1 1.27 22624 Indiana Farmers Mut Ins Co 48,721,331 2 0.66 26123 Lightning Rod Mut Ins Co 9,917,072 2 3.26 33600 LM Ins Corp 11,695,953 1 1.38 34339 Metropolitan Grp Prop & Cas Ins Co 5,907,391 1 2.74 26093 Nationwide Affinity Co of Amer 19,378,362 1 0.83 23760 Nationwide Gen Ins Co 2,983,865 1 5.42 32700 Owners Ins Co 343,720 1 DNC 32905 Property Owners Ins Co 69,423,093 3 0.70 11215 Safeco Ins Co Of IN 80,179,080 3 0.60 19259 Selective Ins Co Of SC 10,859,545 1 1.49 23388 Shelter Mut Ins Co 13,640,080 1 1.18 42986 Standard Guar Ins Co 13,287 2 DNC 15199 Standard Prop & Cas Ins Co 5,376,584 1 3.01 25135 State Automobile Mut Ins Co 3,792,084 1 4.26 25143 State Farm Fire & Cas Co 505,746,115 24 0.77 28188 Travco Ins Co 40,455,080 3 1.20 27998 Travelers Home & Marine Ins Co 1,697,642 1 9.52 27120 Trumbull Ins Co 7,265,688 1 2.22 40118 Trustgard Ins Co 9,802,315 1 1.65 15288 United Farm Family Mut Ins Co 140,583,062 5 0.57 10861 Universal Prop & Cas Ins 5,432,316 2 5.95 15407 Wolverine Mut Ins Co 3,261,979 1 4.95

 

Subtotal Premium and Complaints	1,447,725,299	116
161 Companies with Zero Complaints	426,834,890
Total Premium and Complaints	1,874,560,189	116

Report does not include 161 companies with zero complaints DNC- did not calculate (premiums under $1 million)

None – No premium was reported during 2016.

Premium information from Property & Casualty Annual Statement Page 19, Line 4, Column 1

In Memoriam: David S. Richey, 1932-2017

The firm of Parr Richey wishes to celebrate the life of our partner, David S. Richey, who passed on July 2, 2017 at the age of 85.  Dave was our mentor and leader and those who knew him will remember his great love for the law, life and family.   Dave thought the firm was part of this family and as with all big families a lot of fun was had by all when Dave was around.  Dave was former president of the Indiana State Bar Association (1991-1992) and served the legal needs of nearly every Indiana rural electric cooperative.  Dave was instrumental in regulatory, legislative and litigation efforts.  We wish the best to his wife Patti Haney Richey and his children, Rand Richey and Robin Richey Roberts, and their families.

Tragic Warehouse Fire in Oakland

Parr Richey partners Mike Schultz and Jim Buddenbaum are closely watching the fire investigation, including the origin and cause determination, of the tragic and devastating fire at the warehouse party in Oakland, California.  

Handout frame grab from video released via Twitter use @Oaklandfirelive showing fire crews arriving at the scene of the warehouse fire in Oakland, December 3, 2016.

The Associated Press reports that at least nine people are dead and as many as two dozen more may have perished in the fire, which occurred at a warehouse party.  The warehouse itself is reported to have been converted, illegally, into studio and living space for electronic music artists.  According to the AP report, “City officials confirmed Saturday that building authorities had opened an investigation just last month into complaints about the safety of the structure. That inquiry was ongoing when the fire struck.”

We will continue to follow this developing story.

 

Methylprednisolone Acetate and Fungal Meningitis in Indiana

The CDC has identified cases of a rare and deadly fungal meningitis in Indiana and several other states.  According to the Associated Press, the FDA has identified the New England Compounding Center in Framingham, Massachusetts as the pharmacy that supplied the steroid, known as methylprednisolone acetate, that was contaminated with a fungus.

Cases have been reported in Tennessee, Virginia, Maryland, Florida, North Carolina, Indiana, Michigan, Minnesota and Ohio.

According to a report published in USA Today, Dr. Benjamin Park, a medical officer at the CDC’s mycotic diseases branch, states that it is “possible that if patients with infection are identified soon and put on appropriate anti-fungal therapy, lives may be saved.”

For additional information, see this release issued by the Indiana State Department of Health.