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10.11.2013
Timothy Jay Rolle, General Manager of A Cleaner World, has worked for ACW for 12 years and manages a drycleaningA plant in Apex, as well as three drop stores in Chapel Hill. In other words, provide the consumer information necessary to evaluate their care options prior to purchase and provide the consumer and cleaner with a method of cleaning that has proven to be successful.
Were it not for DLI and its predecessor organizations a€“ IFI, NID, AIL a€“ the EPA would have outlawed the use of Perc many years ago before there were viable alternatives and OSHA would have established a PEL for Perc that was unattainable without replacing existing equipment. Were it not for NCALC, the private laundry and drycleaning industry in North Carolina would have been destroyed by competition from the NC Prison Enterprises Laundries, in the early 1970s and 1990s, utilizing prison labor and facilities (i.e. Were it not for NCALC, you would not have the protection of the best-funded and reasonably-priced drycleaning solvent cleanup program in the country.
Your national and state associations, DLI and NCALC, are in many ways like your insurance policies.
If youa€™ve never been a member, we need you to join, If youa€™ve let your membership lapse, we need you to rejoin now. Beginning with this issue of Carolina Clean, we welcomeA A a new Associate Member of NCALC and a new column to our newsletter. He also served as an expert witness on behalf of facility operators at sites impacted by industrial activities and to promote technical and litigation support services. Since EnviroForensics & Policy Find (they locate old insurance policies) is located in Indiana and works primarily in states that do not have a state-led cleanup program, some of the issues discussed in the articles may not directly apply in North Carolina. At the annual conference of TCATA [National Allied Trades Association] in Park City, Utah, in August, KEVIN LAWSON, Tri-State Laundry Equipment Company, was elected to serve a second two-year term on the Board of Directors. Congratulations to GRANDPA JIM HILKER on the birth of twin girls to his daughter Kristen on September 9th. He had been told by his attorney to look for that part of the policy that addressed damage to the property of others.
His attorney had explained that in his state, as in most states, it took policies issued before 1986 to pay for environmental investigations.
Digging around in the attic, he succeeded in finding one collection of old policies, but these policies dated only to the late 1990a€™s. Working backwards from the earliest insurance policy, the insurance archeologist was able to discover that another insurance agency had purchased the defunct agencya€™s book of business prior to closing. The insurance archeologist provided a specimen policy issued by the same insurance carrier to a different dry cleaner in his state from the 1985 policy period. Using the premium notices and specimen policy together, the drycleanera€™s attorney was able to file a claim with the insurance company. David Oa€™Neill has more than 17 years of experience in claims recovery on behalf of corporate policyholders involving environmental property dam age and toxic tort and asbestos exposure claims.
I recall he said, now when you get to the hotel, go to the bar and look for the tall, gray-haired guy with the big hat. All the above were listed along with Education & Training, Technical Assistance, Trade Shows, and Friendships. Timothy has all three DLI certifications and achieved the Certified Garment Care Professional Designation, CGCP. NOTE: They are not required to run any tests on the garment to verify this belief and there is no specific penalty if they are wrong. But manufacturers and importers dona€™t like it because testing the serviceability of a product adds to the cost of production, the price of the item.
Although there are 25,000 to 30,000 of us out there, we only have strength when we speak with one voice through our state and national associations.
In both cases, these decisions would have been based on faulty information and assumptions. If you needA A to pay monthly, quarterly or semi-annually instead of annually, that can be arranged.
The DLI Board is required to study the dues annually and have requested this increase due to increased costs of operations and their decision to not have an increase last year.A A Although some viewed the increase as necessary due to inflationary factors, others felt it untimely because of economic constraints.


However, your Representatives at the Joint States meeting in November will definitely voice the concerns of all!
He explained that he had no idea before visiting an attorney that these old expired insurance policies could be of any use to him. The landlord, a strip mall owner, had been refinancing and the bank required that he conduct a simple environmental audit that had included soil sampling. The law in his state required that a€?the pollutera€? remove the pollution or at least reimburse the landlord if he had to have it done. This was because the later policies contained pollution exclusions that the courts in his state recognized as barring coverage for Perc spills.
Telephoning the insurance agent identified on the policies, the dry cleaner found that that insurance agency was no longer in business.
Contacting that insurance agency, the archeologist found that old policy files no longer existed, but that the agent would permit him to review his old accounting files. This policy had a pollution exclusion on it but that exclusion, the attorney advised, was not a bar to coverage as longA A as the Pere releases had not been intentional, and had been sudden and accidental.
The company stepped in to defend the dry cleaner, paid his attorney fees and paid the landlorda€™s environmental experts. He is an accomplished insurance archeologist with extensive experience in locating and retrieving insurance coverage evidence on behalf of potentially responsible parties responding to environmental investigation and remediation demands. It is said that power corrupts, but more often than not, it is a corrupted individual who is attracted to power.A A It is a feeling of inferiority, sometimes called a Napoleon Complex, that drives someone to control other people and to micro-manage their surroundings. Care labels like a€?Dryclean Onlya€? or a€?Professionally Drycleana€? drive customers to our stores. Manufacturers and importers love the current rule because it allows them to promote home care (cost savings) although it may not produce the best result (drycleaning vs.
And penalties for mislabeling or failure to verify the care method prescribed would decrease profits. Their proposal in the early 1990s was to provide personal laundry and drycleaning services to all state and county employees a€“ teachers, law enforcement, health department, legislators, etc, etc a€“ at a price we could not have competed with. Unlike insurance policies that dona€™t protect you unless you pay the premiums, your national and state associations do their best to protect you whether you support them financially or not. But this is not the time to abandon the mother shipA A your state and national associations. Henshaw holds a professional registration in numerous states, serves as a client and technology manager on projects associated with site characterization, remedial design, remedial implementation and operation, and litigation support and insurance coverage matters. Paying the landlorda€™s environmental experts was likely to be too great for the dry cleaner to handle. Despairing, he reported his lack of success to the attorney, prepared to discuss bankruptcy instead of insurance recovery. Sto and several more hanging out at the bar made Jan and I feel welcome and included in the activities. Are you driven to share your gift of understanding in the endeavor of achieving a goal, or are you motivated by perquisites of position and the power you have over others? We, like you, are working longer and harder with less staff and resources, wearing multiple hats and struggling to do more with less to help and support our members. Parts of the policy provided coverage against damage to his building, against break-ins, storm damage and even workers compensation coverage. Rather, it was the part of the policy that covered his customers (the slip and fall coverage) that he was looking for. It was a new role he was going to have to get used to, however before this nightmare would be over. After years of operating a successful business, he had significant savings, but these ongoing costs could deplete that savings account in no time. We need your support now, more than ever, to continue to do for you what you cannot do for yourself alone.


His attorney had told him that that part of the old package policies could provide him the coverage he needed now to address the environmental contamination of his property from perchloroethylene (Perc) spills below ground that had occurred years earlier.
The cleanup would be expensive and the drycleaner was expected to take care of the bill because he was the one who had inadvertently put the Perc into the soil over the many years of his operation there. He may even need to consider bankruptcy unless he could find those insurance policies issued before 1986, and successfully file claims that would require his insurers to step in and defend him. He suggested that the dry cleaner hire an insurance archeologist to see what insurance might be located elsewhere. Ask your attorney about how insurance archeology can help you locate the records you need to defend against environmental claims. A  Due to the format of the B of A email, and the copious amounts of "filler" statements they use; the series is a bit difficult to follow. A  I usually write correspondence to fit the lowest common denominator, but how low can one go?A  Although I'm willing to bet that if I reverted to primal grunts, and what could be considered a primitive, yet well understood gesture even in our modern world; that someone on the other side of the Banking Center counter might have their mind bulb flash, if only momentarily. I have a few of my portion of the email, as I cut and pasted it into my regular email service; don't know how they lost theirs. They relate to the Merlin Teller, and how a fully paid balance of mine is being carried on their books as an outstanding balance on their system for months after I paid the account in full, probably sometime in October of 2007. I was repeatedlyA  told this same information by various B of AA  staff that I spoke with in person, numerous times, in various locations, but I did not record the conversations and wish that I had.
When first asked how and why they would do that; as it didn't sound logical or legal to me, I was informed by more than one staff person at more than one branch that it was expected to be carried for 16 to 19 Additional months!A  That is some kind of accounting system. A  That didn't sound accurate, as I was able to access the information on both the old 3732 account AND the new account until approximately January of 2008, and the phone rep I spoke who made arrangements for a balance transfer from another VISA Account I have at another bank for me on either April 3 or 4, 2008, said he would have copies of those 3732 statements mailed to me that day, at no charge to me.A  (I have received an envelope at my P.
Box from B of A; I'll expect the contents are the account statements, but won't know for certain until they are forwarded to me.
A  Bank of America?A  I'm almost on their side for this particular incident; as I know that avoiding lawsuits and payouts is high on their priority list.
Unless some staffer slipped up, yapped out my private account activity, and didn't take time to note it in my file. Please do your employer a favor, and provide me with the written documentation that I have repeatedly requested.A  Thanks for your cooperation.
Stockton: Please forward this email to someone up the ladder who can provide WRITTEN confirmation and information on who requested, and was provided, information on my Visa Card ending in 3732, activity in July or August of 2007.
Rose, Good afternoon and thank you for contacting Bank of America in regards to account documentation.
For B of A to be carrying its customers former credits and debits on their books for 16 plus months would be an accounting nightmare, in addition to being out of compliance with several Federal Banking Regulations. Please adjust all records statingA A  any balance due on my past and present Visa accounts to reflect the current credit balance only.A  Also, please update day ph.
A  But do note that when I asked him a specific question about them, he couldn't answer it. A  And he didn't volunteer any details on the account maintenance that he appeared to have access to.A A  A A  This message is not flagged. A Can you please provide me with your 16 digit credit card number so I can review your account? Gordon: The minimum payment is 1% of your balance and any finance charges and applicable fees. The system will not allow the rate to change until the cycle closes and a new cycle starts.




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