Claims Procedures Research Articles

An Investigation of BIM Advantages in Analysing Claims Procedures Related to the Extension of Time and Money in the KSA Construction Industry

The construction industry in the Kingdom of Saudi Arabia (KSA) is a significant sector in the Middle East, with annual expenditures exceeding USD 120 billion. It employs 15% of the workforce and consumes more than 14% of the country’s energy resources. Despite the significant growth in the Saudi construction sector, it faces various challenges due to the rapid launch of mega projects, such as the Line project engaged with the NEOM project, as well as other new projects as part of the Saudi Vision 2030. The challenges might be limited to a shortage of skilled labourers, rising costs, construction disputes, and material shortages. This study aims to investigate claims management procedures under traditional practice and compare them with a proposed BIM package as an alternative solution to mitigate construction disputes. The objective of the study focuses on reducing the time consumed when analysing claims against the level of accuracy of claims values. The proposed BIM model improves and streamlines the claims process through automation. This study presents prospective and retrospective methods in delay analysis under an accepted programme. A questionnaire survey was conducted, and out of a total of 123 practitioners, 79 replied. The findings in tables in this article reveal that there are demands and a growing awareness of BIM in the KSA construction industry. The results reveal that BIM can help to reduce potential disputes and can reduce overall project cost overruns.

繁简分流下小额诉讼程序的完善路径

繁简分流下小额诉讼程序的完善路径

Small Claims Court Based on An Agreement to Support Ease of Doing Business In Indonesia

The limit of material claim in the small claims court regulated in PERMA Number 4 of 2019 can be seen as a limitation towards the choice of forums for resolving disputes. Therefore, this research initiates a legal breakthrough that allows the limit of material claim to be deviated by agreement or contract. After analyzing the relevant legal sources, it can be concluded that the formation of a small claims court based on an agreement is in accordance with the principles of quick, simple, and affordable trial. In line with the utilitarian approach and economic analysis of law, it is expected that the expansion of the range of small claims court procedures will bring benefits to the community, especially incresing the ease of doing business in Indonesia. This idea does not violate the basic principles of a small claims court because it only changes the terms of a dispute that can be resolved by a small claims procedures, while the mechanism for examining the case still refers to the existing regulations. The formulation of the norm can be read:“The maximum value of the lawsuit is IDR 500,000,000.00 (five hundred million rupiah), unless otherwise agreed with a written agreement that expressly states that the dispute resolution chosen is a small claims court forum of which the material claims exceed the maximum limit regulated in PERMA Number 4 of 2019.”

Small Claims and the Pursuit of (Digital) Justice: A Tiered Online Dispute Resolution Perspective

This paper investigates the most recent developments in completely online small claims processes as a response to the extreme delays in delivering justice by courts. This study argues that adopting a tiered online dispute resolution (ODR) system design can increase access to justice for individuals by simplifying the processes; reducing excessive procedural length and costs; also expanding accessibility to dispute resolution bodies. The present research also proposes that the COVID-19 pandemic has widely opened a bundle of opportunities for complete digitalisation of small claims procedures at the EU and Member State levels. Nevertheless, it deems necessary to closely monitor the function of these systems to ensure that the digitalised small claims procedures meet the standards of procedural fairness and efficiency of justice, in particular concerning self-represented litigants. Thus, the overall structure of this paper takes the form of four sections. The first part lays out the evolution of ODR in relation to small claims and analysing a tiered ODR system design for these cases. Section II gives an overview of the most prominent operating online small claims processes from a global perspective in the United Kingdom, Canada, China, and the United States. The third section is concerned with the status of online small claims processes and the taken measures at EU and Member States level. The final part provides a discussion on the lessons learnt, the opportunities, and the risks in full digitalisation of small claims processes.

Mind the Gap? A Critical Analysis of the Recognition and Enforcement of Cross-Border Consumer ODR Outcomes in the EU

The EU ODR platform was created with the objective of offering better access to justice for the consumer, especially for cross-border disputes. The recognition and enforcement of cross-border ODR outcomes in the EU is however a complex procedure, and not always possible under the current EU legal framework. This article therefore questions whether a digitalised ESCP procedure is a better alternative to the enforcement of consumer redress for cross-border electronic-based small claims procedures.

The EU Small Claims Procedures in the Netherlands - Some Good and Some Bad News

he EU Small Claims Procedure (henceforth: ESCP) has been implemented in the Netherlands by a separate statute, that entered into force on 10 June 2009. This Dutch Small Claims Act (henceforth: SCA) has been amended in 2017 as a result of the changes in the ESCP of 2017. About the initial implementation of the SCA has been reported in 2013. This contribution will focus on the situation since the amendments of 2017, obviously taking into account earlier developments that still determine the workings of the ESCP. First, the framework of civil litigation in the Netherlands will be described. Second, the implementation of the ESCP will be discussed and explained. The main part will be devoted to the workings of the ESCP in practice, including an analysis of the way the ESCP is used (and maybe abused). The conclusion will be that in less than 3 % of the cases the ESCP is used in conformity with its objectives, but that legal practice profits from its aspects that help to avoid the workings of other European instruments, especially the EU Service Regulation.

EU Action in the Field of Small claims Procedures and the Limits Resulting from its Implementatiob in the National Legal Systems

This article aims to illustrate, in the first part, the reasons that led the Union to adopt a regulation on small claims, focusing on the objectives set by the EU legislator in 2007 and 2015, through the amending regulation. In the second part, the effects that such an instrument is intended to have on internal legal systems will be examined, highlighting in a critical light the limits that derive from the need to integrate the EU mechanism with national procedural rules.

United States and Canada Transboundary Oil Spill Liability and Compensation Regimes: An Overview

Abstract # —1141278 — In 2018, the Canadian government purchased the Trans Mountain pipeline, running from Alberta to British Columbia, along with the plans for expansion. The expansion could triple the transport capacity from 300,000 to 890,000 barrels of oil per day, and would increase the tanker traffic in the inland waterways of the Salish Sea, an area known for its sensitive marine habitat, and narrow, difficult to navigate passages. The anticipated increase in tanker traffic in this busy waterway continues to raise concerns about the impact of an oil spill and the financial means to address related injuries, particularly to natural resources. The transboundary nature of any spill further complicates the situation vis-à-vis the applicable liability regimes and response resources. Under the Canada-United States Joint Marine Contingency Plan (“JCP”), the United States Coast Guard and Canadian Coast Guard acknowledge each country's responsibility to fund their own response actions and pursue reimbursement of those costs within their respective jurisdictions. The availability of funding for a response, and to compensate injured parties, however, including the limits of liability of the responsible party, differs under each regime, and could impact the nature and scope of a response. For spills into or posing a substantial threat to the navigable waters of the United States, the Oil Pollution Act of 1990 governs and a national fund, the Oil Spill Liability Trust Fund (“OSLTF”), is immediately available to address an incident, including emergency restoration to natural resources. Canada's Marine Liability Act enables the Ship-source Oil Pollution Fund (“SOPF”) to pay claimants who have incurred damages as a result of oil pollution. Both countries' funds operate under the same principal—the polluter pays—but the compensation structure, and claims processes and procedures are entirely different. This paper provides an overview of these funding sources and claims procedures, comparing and contrasting the different systems. The discussion is meant to provide an overall understanding of potential funding pools available for spill responses under each scheme in order to facilitate transboundary spill planning and discussion.

Potato farmers' preference for agricultural insurance in China: An investigation using the choice experimental method

Potato insurance plays an important role in transferring agricultural risks to promote the potato staple strategy. Understanding farmers' real preferences for potato insurance attributes is important to improve the potato insurance. In this study, a choice experiment was designed with attributes such as peril, minimum compensation ratio for production loss, types of crops covered by insurance, annual premium per mu after subsidy, and complexity of claims procedures. We constructed a mixed logit model based on a questionnaire survey of 362 potato farmers' choices of insurance attributes from 24 villages in Dingxi City of Gansu Province using random sampling. The results show that: (1) farmers prefer agricultural insurance with widely perils including output price drop and input cost risk; (2) farmers who have suffered plant disease and insect and pest damage are willing to pay a high premium for the insurance with a high compensation ratio and several types of crops covered; full-time farmers and large-scale farmers preferred insurance products with low complexity of claims procedures. Therefore, new potato insurance design could be considered specifically for different farmer groups such as those who had previous disaster experiences, and large- or small-scale farm operations.

A Goudstikker van Goyen in Gdańsk: A Case Study of Nazi-Looted Art in Poland

Abstract:This article traces the provenance and migration of a painting by Jan van Goyen (1595–1656),River Landscape with a Swineherd, from the Jacques Goudstikker Collection and now in Gdańsk Muzeum Narodowe. After the “red-flag sale” of the Goudstikker Collection in July 1940 to German banker Alois Miedl, and then to Hermann Göring, this painting—after its sale on Berlin’s Lange Auction in December 1940 to Hitler’s agent Almas-Dietrich—was returned to Miedl-Goudstikker in Amsterdam. Miedl then sold it (with two other Dutch paintings) to the Nazi Gauleiter of Danzig, Albert Forster, among many wartime Dutch acquisitions for the Municipal Museum (Stadtmuseum). Evacuated to Thuringia and captured by a Soviet trophy brigade, it thus avoided postwar Dutch claims. Returned to Poland from the Hermitage in 1956, it was exhibited in the Netherlands and the United States (despite its Goudstikker label). Tracing its wartime and postwar odyssey highlights the transparent provenance research needed for Nazi-era acquisitions, especially in former National Socialist (NS) Germanized museums in countries such as Poland, where viable claims procedures for Holocaust victims and heirs are still lacking. This example of many “missing” Dutch paintings sold to NS-era German museums in cities that became part of postwar Poland, raises several important issues deserving attention in provenance research for still-displaced Nazi-looted art.

MENINJAU KEMBALI PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA : ASPEK KELEMBAGAAN DALAM RANGKA TERCAPAINYA KEPASTIAN HUKUM

<p>Due to the upward trends of business transaction both in conventional and online basis, it is deemed necessary to find an effective ways to settle disputes in the event of a losses to the consumers.In general, consumer disputesinvolve small amount of lossand complaint filed by the consumers for material compensation. In Indonesia, consumer disputeresolutionis carried out not only by the Consumer Dispute SettlementBody (BPSK)but also throughthecourts. Recently,there are manynewly-established consumer disputesettlement institutions.A quick, simple,<br />and low-cost consumer dispute mechanism isneeded to cope with Indonesian economic growth by accelerating the time of a dispute settlement (time efficiency). The purpose of this research is find out how consumer disputes are resolved in Indonesia and legal discource in the frame work oft he consumer’s disputere solution which have lawcertainty.it can be concluded that the plurality<br />of consumer disputesettlement in Indonesia has ledtoconvoluted mechanisms and procedures in settling disputes. Dispute settlement through Badan Penyelesaian Sengketa Konsumen/Consumers Dispute Settlement Agency (BPSK) is not final and binding. Through this article, it is recommended<br />to utilise Small Claims Procedures that combines informal and formal mechanisms in order to achieve legal certainty in the settlement of consumer disputes in Indonesia.</p>

European Small Claims Procedure and Its Place in the System of Polish Separate Proceedings

The European proceedings in cross-border cases, to which the European order for payment and the European Small Claims Procedures belong, were introduced into Polish legal system on 12 December 2008 as an alternative to the existing proceedings provided for in the laws of the Member States. The base for the application of the European Small Claims Procedure is Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007, establishing the European Small Claims Procedure. The Polish legislator decided to place a modest regulation of these procedures amongst separate proceedings. To approximate the subject issue, the nature of the European Small Claims Procedure needs to be considered along with its relations with selected separate proceedings (such as order for payment proceedings, writ of payment proceedings, electronic writ of payment proceedings, simplified procedure and European order for payment procedure), the nature of which justifies including them in the group of accelerated and simplified proceedings.

Consideration of substance use in compensation and pension examinations of veterans filing PTSD claims.

Veterans filing claims that service-induced PTSD impairs them worry that claims examiners may attribute their difficulties to conditions other than PTSD, such as substance use. Substance use commonly co-occurs with PTSD and complicates establishing a PTSD diagnosis because symptoms may be explained by PTSD alone, PTSD-induced substance use, or by a substance use condition independent of PTSD. These alternative explanations of symptoms lead to different conclusions about whether a PTSD diagnosis can be made. How substance use impacts an examiner’s diagnosis of PTSD in a Veteran’s service-connection claim has not been previously studied. In this study, we tested the hypothesis that mention of risky substance use in the Compensation & Pension (C&P) examination would result in a lower likelihood of service-connection award, presumably because substance use reflected an alternative explanation for symptoms. Data were analyzed from 208 Veterans’ C&P examinations, medical records, and confidentially-collected research assessments. In this sample, 165/208 (79%) Veterans’ claims were approved for a mental health condition; 70/83 (84%) with risky substance use mentioned and 95/125 (76%) without risky use mentioned (p = .02). Contrary to the a priori hypothesis, Veterans with risky substance use were more likely to get a service-connection award, even after controlling for baseline PTSD severity and other potential confounds. They had almost twice the odds of receiving any mental health award and 2.4 times greater odds of receiving an award for PTSD specifically. These data contradict assertions of bias against Veterans with risky substance use when their claims are reviewed. The data are more consistent with substance use often being judged as a symptom of PTSD. The more liberal granting of awards is consistent with literature concerning comorbid PTSD and substance use, and with claims procedures that make it more likely that substance use will be attributed to trauma exposure than to other causes.

Loss of ‘Unattended Property in a Public Place’ – Testing the Good Faith of the Travel Insurer

Published in (2019) 47 Australian Bar Review 49 Travel insurance policies require insureds to take adequate precautions to protect their personal property including their luggage. They exclude cover for the loss or theft of personal property which has been left ‘unattended in a public place’. The relevant authorities on this exclusion including the often-cited decision by Lord Denning in the Starfire Case in the UK in 1962 would appear to give the final word to the insurer. However, caselaw is mixed and shows that a determined insured would have a good chance of success on appeal. The fact that insurers regularly reject claims which are successful on appeal is another example of the conduct of the finance sector falling below community standards and expectations as demonstrated in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (Australia, 2018-2019). Wrongly rejecting claims can expose the insurer to several potential legal liabilities at common law and under statute. This article recommends deleting the intricacies of the standard exclusion for property being left ‘unattended in a public place’ in favour of the standard policy condition that the insured must take adequate precautions to protect their personal property. It also recommends amendments to the Corporations Act 2001 (Cth) to empower the Australian Securities and Investments Commission (ASIC) to regulate the claims procedures of insurers.

Judicial Resolution of Cases in Small Scale Financial Claims: The Malaysian Experience

This paper presents the assessment of the Malaysian experience on the implementation of the Small Claims Procedures. This covers the magistrate courts of Kuala Lumpur, Shah Alam and Johor Bharu as the major cities of Malaysia. Small Claims Procedure plaintiff is an individual person who is not an agent or assignee of any debt of another person. (Order 93, Rules of Court 2012 r. 1.2). The money involved in cases without intervention of a solicitor or advocate is less than RM 5,000.00 (USD 1,168.91). Order 93, Rules of Court 2012 refined mechanism is in its 32 years in implementation since 1980 it was first adopted. The major challenge is information dissemination. The Malaysian’s Small Claim Procedures implements warrant of arrest and imprisons the defendant for failure to comply court order. The beneficiaries are individual persons instead of lending corporations.

Analysis of Partnership of Private Practice Midwife in The National Health Insurance Program in District Bungo Jambi Province

On January 1, 2014, the government began to implement the National Health Insurance (NHI) program to realize social welfare for the whole community. Midwifery and neonatal care in the NHI program involves Puskesmas/family doctors and Private Practice Midwife (PPM) as its network. PPM participation in the NHI program in Bungo District was still lacking, only 12 (54.5%) PPM have cooperated with family doctors from 22 existing PPM. This study aimed to get an overview of PPM participation in the NHI program in Bungo District, Jambi Province. The study used qualitative research approach with Rapid Assessment Prosedur design, purposive sampling, and conducted in-depth interview to 10 PPM, Head of Health Office, MPKP BPJS Health Manager, and Chairman of Bungo Regency Section of Indonesian Midwife Organization (IMO). The study was conducted from January to July 2017. The study found that the knowledge, perceptions and attitude towards NHI program were good, but the perceived toward the claim and predetermined tariff procedures were not so good. PPM motivated to join the NHI program as many patients had become NHI participants. Support from the Government, NHI, and IMO were low, either in the form of socialization, or policies. Therefore, the study suggest an improvement in claims procedures, tariffs, and an increase of socialization from government, NHI and IMO on NHI program related to obstetric and neonatal care.

Cross-Border Debt Recovery in the EU. A Comparative and Empirical Study on the Use of the European Uniform Procedures

The book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure. The study offers an in-depth comparative and empirical analysis of the way these instruments function in interaction with national procedures in England and Wales, France, Italy, and Romania. The analysis combines available statistics with European and national case law, together with practitioners’ experience. This approach provides a comprehensive understanding of the difficulties encountered, and of the solutions chosen to overcome procedural intricacies and to secure parties’ procedural rights. The findings create a solid basis for enhancing judicial cooperation and addressing the practical aspects related to the application of the procedures. In its conclusion, the book discusses the ongoing developments taking shape in this area, and reflects on the implications that the legal standards established by the European uniform procedures have for future developments. The book is of particular relevance for practitioners and courts applying the European Order for Payment and the European Small Claims Procedures; for European and national legislators, and policymakers working in this field; and for scholars interested in European civil procedure.

Understanding human remains repatriation: practice procedures at the British Museum and the Natural History Museum

This article considers the approaches in policy and practice procedures of the British Museum and the Natural History Museum, London, to claims for the repatriation of human remains from their collections. The complexities and contradictions within the academic human remains repatriation debate and in current legislation, policy and guidelines relating to repatriation, help us to understand the difficulties faced by museums today, when forming institutional human remains policies. Interviews with the staff in charge of repatriation, case studies and examinations of each museum's human remains policies, detailing their repatriation claims procedures, shows us the fundamental differences in each museum's interpretation of the repatriation debate. This article also considers how human remains repatriation around the world has helped shape repatriation in the UK and the consequences of this to both museums and claimant communities.

Agencies respond to EO on improving regulatory review • NLRB publishes proposed rules on union‐election schedule • DOL: New and revised rules issued on wage and hour issues; Workers’‐comp claims procedures; Affirmative‐action requirements for veterans • OSHA: Enforcement against distracted drivers; Protections for shipyard workers; Simplifying standards; Employee Benefits Security Administration: Retirement‐plan fee‐disclosure rules • Dodd‐Frank: Impact on FCRA rules,

Employment Relations TodayVolume 38, Issue 3 p. 53-68 Federal Regulations Update Agencies respond to EO on improving regulatory review • NLRB publishes proposed rules on union-election schedule • DOL: New and revised rules issued on wage and hour issues; Workers’-comp claims procedures; Affirmative-action requirements for veterans • OSHA: Enforcement against distracted drivers; Protections for shipyard workers; Simplifying standards; Employee Benefits Security Administration: Retirement-plan fee-disclosure rules • Dodd-Frank: Impact on FCRA rules, whistleblower and antiretaliation protections • Impact of Wal-Mart case on DOL decisions • EEOC issues final regs on ADAA Mark G. Kisicki, Mark G. Kisicki mkisicki@steptoe.com Partner, Steptoe & Johnson LLPSearch for more papers by this author Mark G. Kisicki, Mark G. Kisicki mkisicki@steptoe.com Partner, Steptoe & Johnson LLPSearch for more papers by this author First published: 19 October 2011 https://doi.org/10.1002/ert.20355AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Volume38, Issue3Autumn (Fall) 2011Pages 53-68 RelatedInformation

Medicaid Funding for Abortion: Providers’ Experiences with Cases Involving Rape, Incest and Life Endangerment

The Hyde Amendment bans federal Medicaid funding for abortion in the United States except if a pregnancy resulted from rape or incest or endangers the life of the woman. Some evidence suggests that providers do not always receive Medicaid reimbursement for abortions that should qualify for funding. From October 2007 to February 2008, semistructured in-depth interviews about experiences with Medicaid reimbursement for qualifying abortions were conducted with 25 respondents representing abortion providers in six states. A thematic analysis approach was used to explore respondents' knowledge of and experiences seeking Medicaid reimbursement for qualifying abortions, as well as individual, clinical and structural influences on reimbursement. The numbers of qualifying cases that were and were not reimbursed were assessed. More than half of Medicaid-eligible cases reported by respondents in the past year were not reimbursed. Respondents reported that filing for reimbursement takes excessive staff time and is hampered by bureaucratic claims procedures and ill-informed Medicaid staff, and that reimbursements are small. Many had stopped seeking Medicaid reimbursement and relied on nonprofit abortion funds to cover procedure costs. Respondents reporting receiving reimbursement said that streamlined forms, a statewide education intervention and a legal intervention to ensure that Medicaid reimbursed claims facilitated the process. The policy governing federal funding of abortion is inconsistently implemented. Eliminating administrative burdens, educating providers about women's rights to obtain Medicaid reimbursement for abortion in certain circumstances and holding Medicaid accountable for reimbursing qualifying cases are among the steps that may facilitate Medicaid reimbursement for qualifying abortions.