Forum Selection Clause “Sinks” Cruise Ship Claim
One of the problems with claims against cruise ships is that they are governed by forum selection clauses that identify the court in which claim must be filed in and the time
period within which a claim must be made. As a general rule, these contracts tend to require a claim for negligence to be filed within one year of the incident. In years past, cruise ships would identify a court that was out of state, typically Florida, as the forum in which a claim must be filed. Now that Seattlehas more cruise ship business, some cruise lines will designate a Washington court as the forum to address these claims. Jack Oltman, Bernice Oltman and Susan Oltman filed a lawsuit in the King County Superior Court (the state court) for damages associated with a gastrointestinal illness that Jack and Bernice contracted while on a Holland America cruise. Susan was not on the cruise, but filed a claim alleging loss of consortium which is a loss of the husband and wife relationship.
The cruise ticket, that was given to Jack and Bernice, provided that any suit had to be filed within one year of the time the claim arose and in the United States District Court for Western Washington (the federal court). The only exception to this filing requirement was that, if the federal court did not have authority to hear the matter, then, and only then, could it be heard in a state court.
Unfortunately, the Oltmans waited until the last minute to file their lawsuit. As a result, when they learned that Holland America was going to raise the contractual defense that they filed in the wrong court, it was too late to remedy the problem by filing a claim in the federal court. As a result, the trial judge dismissed all their claims. The Court of Appeals agreed with the trial judge. After losing in the Court of Appeals, the Oltmans asked the Washington Supreme Court to review their case. The Supreme Court agreed that the claims of Jack Oltman and Bernice Oltman should have been filed within one year in the federal court because they were contractually bound to do so. The court, however, did not believe this to be the case as to Jack’s wife, Susan. The court held that since she was not on the cruise and she was not a party to this contract, Mrs. Oltman had the right to independently assert her claim for loss of consortium in the state court, thus reinstating her claim.
Lessons learned. First, cruise ship cases are a unique breed of animal. Since claims against cruise ships usually require a party to sue in a particular court and within an abbreviated time, care should always be taken when examining a claim of this nature.
Second, if you suspect you have a claim, get in to see a lawyer early in the game. This assures that mistakes like the Oltmans’ are less likely to happen. It also assures that attorneys are able to conduct an investigation while witness memories are fresh and to advise you of steps that you may have to take to preserve your claim.
Nothing in this Blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal problem.
Although we know Gladys Knight had the Pips (sorry, I just couldn't resist that), we don't know if she 
had PIP coverage, also know as Personal Injury Protection coverage. This is one of the most affordable, yet overlooked products that are sold by your insurance agent.
Personal injury protection benefits, otherwise known as PIP, will cover medical expenses, wage loss, burial expenses and other expenses such as nursing care and domestic help while you recover from an injury sustained in a car accident. It will cover you and the members of your household without regard to whether you were at fault.
Many people feel PIP is either unnecessary because they have medical insurance or they think it is too expensive. Both of these beliefs are incorrect. PIP has become an increasingly important component of your insurance portfolio. One of the most overlooked benefits of PIP coverage is that you don't have to wrestle with co-pays, deductibles and provider limitations while you are recovering from a serious injury.
PIP also provides wage loss coverage. At a time where the majority of households are two-income households, wage protection has become increasingly important. Consider the financial hardship you would experience if one income was lost, even for a month. Furthermore, if you are involved in a serious accident, you may not be able to work for several months. If that happens, you may not only lose your medical coverage, have the loss of one income, and, without PIP coverage, not have the resources to pay for medical care or basic household needs.
There are different levels of PIP coverage available ranging from a $10,000.00 minimum and going up from there. The level of coverage available will vary depending on your insurance company, however, all insurance companies in Washington must offer the $10,000 minimum coverage. In deciding how much coverage to buy, make sure to ask about the wage loss component that accompanies your PIP coverage.Typically, a $10,000.00 PIP coverage will pay you the lesser of $200.00 per week or 85% of your weekly earnings up to $10,000.00. Since the wage benefit under the typical $10,000 PIP policy is inadequate for most people, you should consider PIP coverage that is greater than the $10,000.00 minimum.
In our practice we see many people who suffer severe injuries that take well over a year to resolve and which result in far greater than $10,000.00 in medical expenses and lost wages. Having more coverage does not cost that much more, but will provide you with peace of mind.
Remember that you are not required to have PIP coverage. Our legislature felt that PIP coverage was so important that it required your insurance company to offer it to you. If you do not want the coverage, you must reject it in writing. If you do not reject it in writing, the insurance company must add the coverage but can charge you for it.
Rod's Tips:
Whenever you are involved in an accident, always confirm the insurance coverages you have available. If it does not appear you have PIP coverage ask for proof that you signed a written rejection of coverage. If your insurance company cannot produce a written rejection, they must treat you as if you had PIP coverage at the time of the accident.
Keep in mind that when you are involved in a car accident, your health insurance coverage will pay only after you have exhausted your PIP coverage. The rule of thumb is to submit to PIP first and health insurance later. Nothing in this Blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal problem.
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10 THINGS TO DO AFTER A CAR ACCIDENT
1. Assist those injured at the scene. If you have a phone call 911. Make the injured person as comfortable as possible and don’t move them unless necessary.
2. Call the police and insist on a police investigation. In many instances there are no witnesses and a police investigation assures stories don’t change.
3. In the past we would tell our clients, don’t move your car while waiting on the police and ask the other driver not to move his or her car. Due to congestion in the Puget Sound this is no longer a viable option since the authorities asked people to move their cars to the side of the road to minimize the impact on traffic. Today, most individuals have cell phones with cameras. Take advantage of technology and take some quick pictures (only if it is safe) and then move the cars.
4. Get the names, addresses, telephone numbers and email addresses of eyewitnesses before they leave.
5. If you are injured, tell the police officer because the first record of your injury will be the police report.
6. If you are injured, make sure you get medical treatment. Go to the nearest hospital emergency room or to your personal doctor. An untreated injury can get much worse and the failure to get treatment will cause insurance adjusters to get suspicious.
7. Report your accident and injury to your insurance company.
8. Do not give a statement to the insurance company for the other driver. Their interests are adverse to yours. You may hurt your claim without even knowing it.
9. Don’t sign any releases until you have had a chance to talk to a lawyer to make sure you know exactly what you are releasing.
10. Remember the time for making a claim is limited by law.
Nothing in this Blog should be considered legal advice or to form an attorney client relationship. The postings made are general in nature and nothing can substitute for the legal advice of a seasoned legal professional that is tailored to the facts of your case.
PMI, otherwise known as private mortgage insurance, is protection to the bank in case you default. It is required when the starting equity in your home is less than 20% or if you have blemishes on your credit report. The cost of PMI is approximately $250.00 to $560.00 or more annually for every $100,000.00 borrowed on the mortgage. Many homeowners with conventional loans are paying costly PMI unnecessarily. This is most likely if you are pre-paying regularly on your mortgage; you have never calculated when you will be able to stop paying PMI; and you live in an area where property values have risen recently. Typically, lenders do not tell you when you are eligible to discontinue PMI. To determine if you are eligible to ask for elimination of PMI on your conventional loan, calculate your equity by figuring out your mortgage balance. You can get the exact balance of your mortgage from your lender. Subtract that number from today’s value of your home. You can probably use recent sales in your neighborhood as a benchmark, or, ask a realtor to give you an estimate of your home’s value. If you feel that the equity in your residence exceeds 20% of the present day value, you probably will not have to pay PMI. If that is the case, write your lender and ask to have PMI eliminated.
Your homeowners insurance may not protect your children if they are away at college. This type of coverage varies from company to company. Most insurers will accept claims for up to 10% of the value of the family’s homeowners policy under off premises coverage, but many companies exclude students living in off-campus housing or staying at an off-campus apartment which are treated as a separate home requiring separate renter’s insurance. If your child is going to move away to college, make sure you read your homeowner’s insurance policy and raise this issue with your insurance agent to assure that any valuables will be covered
Making Injury and Insurance Law Understandable
period within which a claim must be made. As a general rule, these contracts tend to require a claim for negligence to be filed within one year of the incident. In years past, cruise ships would identify a court that was out of state, typically Florida, as the forum in which a claim must be filed. Now that Seattlehas more cruise ship business, some cruise lines will designate a Washington court as the forum to address these claims. 
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