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Insurance

What is Insurance Bad Faith?

Insurance Companies are obligated under the law to handle and deal with insurance claims in “good faith.” In West Virginia, there are certain statutes that govern the obligations and responsibilities of insurance companies in handling claims under their own policies. Specifically, the West Virginia Unfair Trade Practices Act lists a number of obligations on the part of insurance companies in handling various insurance claims, and further, details what constitutes a violation of West Virginia law during the insurance company’s handling of these claims. W. Va. Code § 33-11-4(9). Moreover, the West Virginia Insurance Commissioner has set out several regulations that complement the West Virginia Unfair Trade Practices Act and provides in more detail what conduct constitutes a violation of the WVUTPA. Under the WVUTPA, “No person shall commit or perform with such frequency as to indicate a general business practice any of the following.” The Statute then goes on to list a number of actions that are considered to be inappropriate conduct on the part of an insurance company. The below are examples of this list: Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue; Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies; Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies; Refusing to pay claims without conducting a reasonable investigation based upon all available information; Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed; Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear; Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds, when the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered; Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application; Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured; Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made; Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information; Failing to promptly settle claims, where liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; and Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement. In sum, it is important to be aware of your rights and the obligations of your insurance company throughout the claims handling process. If you believe your insurance company is treating you unfairly, consult with an attorney about your options.

Giving back to community

The Legacy of Barbara Bush

One of our country’s most remarkable women, Barbara Bush, passed away at her home in Houston, TX at the age of 92. She was a remarkable woman and definitely the backbone of her large family as well as an advocate for literacy and possessed a strong belief in American family structure. There are many wise quotes from our former first lady being posted all over the Internet. One of my favorites is when she addressed the commencement ceremony at Wellesley College: “Cherish your human connections – your relationships with family and friends.  For several years you’ve had impressed upon you the importance to your career of dedication and hard work, and, of course, that’s true. But as important as your obligations as a doctor, lawyer or business leader will be, you are a human being first, and those human connections – with spouses, with children, with friends – are the most important investments you will ever make.” Aside from the many accomplishments had endured during her life, she was known quite well for wearing a necklace of three strands of pearls, her trademark fashion accessory. She wore them with suits and dresses, casual events and formal dinners. Barbara continued to do so long after husband left office. In honor of Barbara Bush, many woman across our country are participating in the #PearlsforBarbara event on Saturday, April 21 st, the day of our former First Lady’s funeral; to which our pearls will be worn in her honor. I plan on joining these women by pulling my pearls out of my jewelry box and showing respect for a great former First Lady, wife, mother and grandmother. #PearlsforBarbara

law

PA Superior Court Provides Rule for Admissibility of Social Media Posts

Just recently, in Commonwealth v. Mangel, 2018 Pa. Super. 57, the Pennsylvania Superior Court, ruled, at least in the context of a criminal case, social media posts could not be admitted into evidence without first a demonstration of proper authentication. In other words, the party offering the social media post must show proof of authorship. In 2016, Tyler Mangel was charged with aggravated assault after allegedly assaulting Nathan Cornell at a graduation party.  Cornell told police that he was struck in the back of the head, knocked to the ground, and was repeatedly kicked and punched by Mangel. Cornell stated that he did not know Mangel, nor had he been in contact with them during the course of the night, but he was able to identify him through Facebook pictures. In 2017, the trial court granted the Commonwealth’s Motion for Provider to Provide Subscriber Information, pursuant to 18 U.S.C. § 2307(c) and 18 Pa.C.S.A. § 5743(c) and (d), seeking to obtain Mangel’s Facebook records. Upon acquiring this information, the Commonwealth filed a Motion in Limine to introduce screenshots of certain pages of a Facebook account for “Tyler Mangel,” consisting of undated online and mobile device “chat” messages, and a Facebook screenshot wherein a photograph of purportedly bloody hands had been posted. In support of its motion, the Commonwealth presented the testimony of Erie County Detective Anne Styn, a computer forensics expert. Styn reviewed Facebook screenshots, including photographs, captured from online and mobile device chats of Tyler Mangel’s account taken by Trooper Schaeffer of the Pennsylvania State Police, one of which read “If all that you leave is a scratch you know you’re a bitch.” The account information showed the owner to be Tyler Mangel from Meadville, Pennsylvania. Moreover, Styn’s independent Facebook search revealed only one account for “Tyler Mangel;” the username associated with the account was “Mangel17;” and, the registered email addresses were mangel17@facebook and tylerkm@hotmail.com. Finally, the Facebook subscriber records indicated that the Facebook account had been verified by the cell phone number (814) ***-4409. Styn then obtained the Verizon subscriber records associated with this phone number, which identified the owner of the number as “Stacy Mangel,” residing at 10866 Pettis Road, Meadville, Pennsylvania. The trial court took judicial notice of the fact that this particular address was the same as the address listed in the Criminal Complaint filed against Mangel. Based upon the foregoing, it was Styn’s opinion that the Facebook account owner “should be the same” as the online and mobile accounts provided by the Commonwealth. However, Styn could not say to within reasonable scientific certainty that someone else did not intervene or grab the account.   The defense then introduced a screen shot of his Facebook investigation, which showed five accounts bearing the name, “Tyler Mangel,” one of which listed Meadville, Pennsylvania, as the hometown. Based upon the foregoing, the court denied the Commonwealth’s motion. Because the social media posts were critical to the Commonwealth’s case, the Commonwealth appealed the decision claiming that the trial court erred by applying “a reasonable degree of certainty, reliability, scientific, technological certainty” standard in determining whether the Commonwealth had satisfied the requirements for authentication of the proffered Facebook records. The Commonwealth argued that this case was analogous to United States v. Browne, 834 F.3d 403 (3d Cir. 2016), wherein the United States Court of Appeals for the Third Circuit examined the issue of the authentication of social media evidence and applied a “preponderance of the evidence” standard for authentication of Facebook records. Pennsylvania Rule of Evidence 901 provides: authentication is required prior to admission of evidence. The proponent of the evidence must introduce sufficient evidence that the matter is what it purports to be. Testimony of a witness with personal knowledge that a matter is what it is claimed to be can be sufficient.  Evidence that cannot be authenticated by a knowledgeable person may be authenticated by circumstantial evidence. In United States v. Browne, the United States Court of Appeals for the Third Circuit addressed the authentication of Facebook chat logs in connection with under age sex crimes and concluded that the Facebook records were properly authenticated under F.R.E. 901. The Browne Court relied upon a substantial amount of circumstantial evidence to determine that the government had provided sufficient evidence from which the jury could reasonably find the authenticity of the records by a preponderance of the evidence. Rather than relying on Browne, the Superior Court reviewed the cases of Interest of F.P., a Minor, 878 A.2d 91, 96 (Pa. Super. 2005) and Commonwealth v. Koch, 39 A.3d 996, 1005 (Pa. Super. 2011), wherein the courts considered the authentication of computerized instant messages and cell phone text messages. In F.P., the defendant did not deny that he sent text messages threatening F.P., and he referred to himself by his first name in one of the texts. The court concluded that sufficient circumstantial evidence existed to authenticate the records. In Koch however, while the defendant admitted to owning a cell phone, which contained text messages indicating drug sale activity, the Commonwealth’s detective admitted that he could not confirm that the defendant was the author of the text messages. The Koch court ruled “authentication of electronic communications, like documents, requires more than mere confirmation that the number or address belonged to a particular person. Circumstantial evidence, which tends to corroborate the identity of the sender is required.” Thus, the testimony of the detective was insufficient to authenticate the text messages in question, noting that there was no testimony from any person who had sent or received the text messages, nor any contextual clues in the drug-related text messages that tended to reveal the identity of the sender. Relying on Koch, the Superior Court found that the Commonwealth presented no evidence, direct or circumstantial, tending to substantiate that Mangel created the Facebook account in question, authored the chat messages, or posted the photograph of bloody hands. The mere fact that the Facebook account in question bore Mangel’s name, hometown and high school was insufficient to authenticate the online and mobile device chat messages as having been authored by Mangel. Moreover, there were no contextual clues in the chat messages that identified Mangel as the sender of the messages. While this was a criminal case, it is reasonably anticipated that the same rule would be applied to civil cases going forward.

Family laptop

The Bodyguard

Recently I saw the production of "The Bodyguard: A Musical" at the Benedum Theater in Pittsburgh. The production was incredible! The play was based on the famous movie featuring Kevin Costner and the late Whitney Houston. The movie plot is very simple Whitney Houston plays a famous singer by the name of Rachel Marron whose life is being threatened by a stalker. Her team knows of these threats and decides to tighten up security with one of the top bodyguards around. They grow closer and extend past just the normal bodyguard-client relationship. This plot line sounded terrible to me and although I love Whitney Houston, I hate wasting my time with a horrible movie. So before seeing the play, I did not watch the movie. My friend who loves the movie and owns on DVD and VHS strongly encouraged that I attend the show and watch the movie later. A choice I’m glad I made. I was curious how this plot would translate into a musical and surprisingly it happened seamlessly. The play featured some of Whitney’s greatest hits and the actress who portrayed her character was phenomenal.  I think seeing the play before the movie added more excitement to when I saw the movie. The movie was slightly different from the play but not drastically. I recommend seeing the play and the movie if you are a Whitney Houston fan.

Coffee Drinkers Beware

Coffee drinkers beware. Your coffee may soon come with a cancer warning label. A California superior court judge in Los Angeles recently ruled that, under the California Safe Drinking Water and Toxic Enforcement Act of 1986, businesses must give customers a “clear and reasonable” warning about the presence of high levels of a chemical known as acrylamide, which is considered both toxic and carcinogenic. Acrylamide is created when coffee beans are roasted. The lawsuit, which was filed in 2010 by a nonprofit organization called Council for Education and Research on Toxics, targeted several companies that make or sell coffee, including Starbucks, 7-Eleven, and several other well-known coffee chains. The coffee companies argued that there is not enough acrylamide in coffee to harm consumers. However, the judge ruled that the coffee companies did not show that acrylamide was safe at present levels. They also did not show that drinking coffee has any benefits. The case is not over yet though. The coffee companies had until Tuesday, April 10, to file their objections to the judge’s ruling and then there will be a final decision. The judge will decide what the penalties and remedy should be if the case has not been settled before then. However, as one writer observed, this case is just “the latest example of a judge being called to weigh in on scientific matters. The same thing is happening with climate change.” While California is the only state to have addressed this issue, some believe it is only a matter of time before cancer warnings on coffee products spread to other states. Coffee companies who sell nationally and internationally may find it to be more cost-effective to change their packaging altogether rather than create separate packaging for California. I guess we will just have to wait and see what coffee companies decide to do.

April is National Child Abuse Prevention Month

On April 4, 1983, President Ronald Reagan issued a proclamation dedicating April 1983 as National Child Abuse Prevention Month. In that proclamation, President Reagan recognized that children can be abused, harmed, and exploited in a number of different ways, including physically, sexually, and emotionally. He called upon the public to take action to prevent, rather than to remedy the mistreatment and neglect of children, asserting that “action taken after cruelty has occurred is often too late.” He invited governors, other political and public leaders, and those involved in private groups to join together in efforts to increase vigilance against harm toward children and to protect the future of the United States. President Reagan’s 1983 proclamation built upon steps that the United States government had already been taking to increase awareness, prevention, and treatment of child abuse and neglect nationwide. In 1974, President Nixon signed the Child Abuse Prevention and Treatment Act, the first federal child protection legislation enacted in the United States. CAPTA provided funding to state programs designed to combat child abuse and sent a message to the nation that the government was issuing a nationwide response to this problem. CAPTA has continued into the present day in supporting state efforts in this regard. A number of additional national funding efforts followed, and many laws, programs, and agencies have arisen in the years since the initial passage of CAPTA which have further developed and strengthened efforts to prevent and address child abuse and neglect in all of its devastating forms all over the country. This year, April marks the 35 th Anniversary of President Reagan’s proclamation and the 35 th recognized National Child Abuse Prevention Month. While we as a nation have come a long way in recognizing the severity of this problem and taking steps to prevent child abuse and protect our children, there is always more that can and must be done. There are many different ways in which you can get involved in these efforts, from as simple as paying attention to children you encounter in your life to donating your time or money to causes that protect children or becoming an advocate in a legal or political forum. Educate yourself on youth protection and recognizing the signs of abuse and neglect, and what steps you can take if you think a child may be suffering. Donate to recognized causes for prevention of child abuse or child mentorship programs, or even consider becoming a mentor yourself. Write to your state and federal representatives in support of laws that protect children and their rights, and that provide funding to help innocent children who have been harmed. Regardless of differences in political or social opinions, we can all agree that children deserve to be loved, protected, and kept safe, and April is a month that reminds us how important it is to focus on that goal.

Mother and daughter smiling, hugging and holding a basket ball

Take Me Out to the Ballgame

As I sit here watching the snowflakes fly outside my office window, I am reminding myself that it is baseball season. I always look forward to hearing that the teams (the Pirates in particular) are heading to Florida in preparation for the upcoming season. I don’t know if that’s because I know that is a sign that spring is around the corner (this year, apparently the joke is on me) or because I’ve actually become a fan of the game. Hailing from a family where motorsports is king, baseball wasn’t something that was a big deal in our household. I recall going to my first Pittsburgh Pirates game at Three Rivers Stadium with my church youth group. I was probably about 12 or 13. It was a hot, mid-summer afternoon, our seats were not under cover and it seemed as though play went on forever. I knew the object of the game was for the players to hit the ball and make it around the bases, but I didn’t really know about the game. I was thankful for the experience, but I can’t say I was anxious to do it again. Fast forward several years to my sophomore year at Bethany College. As a communications major, it was required that I complete on-campus media experiences. I had been a member of the newspaper staff writing news and feature stories the first semester, but my advisor thought it would be a good idea to change things up a bit, so covering baseball became my new assignment for the spring semester. I was mortified! For starters, how could I write about something I knew nothing about? Secondly, the head coach was a little high strung and he yelled a lot and I was going to have to cover the baseball games? I was mortified! After some sleepless nights and a whole lot of stressing (and in an effort not to appear as a total butt when the first article was published) I told the coach that I really didn’t know a whole lot about the game. I asked that he please be patient and that I would do my absolute best to catch on as best I could and as quickly as possible. In that instance, I figured honesty was the best policy, right? Fortunately for me, he took in all in stride and apparently looked at the situation as a teaching opportunity. By the end of the season, I’d written many articles on the topic, learned the rules of the game, field positions, how to keep score, etc. I even tried batting, but that didn’t go so well. And while all of that was happening, I became a fan. Here we are, 25-plus years later, and I am still following the Pittsburgh Pirates. I always enjoy attending the games – much more than I did that very first time. Having a better understanding of baseball has certainly contributed to that. I was a fan of Andrew McCutchen and, of course, was sad to see him leave Pittsburgh. And PNC Park – what a beautiful place with a stunning view of an amazing city! How could I not love the Buccos? My fingers are crossed for a successful season. Bethany’s baseball coach, my long-time friend, is still coaching at the College, but I’m told he has mellowed since the early 90s. Thanks for the lessons, Carv. Spring wouldn’t be the same without baseball, even if it is snowing.

Are Your Creditors Treating You Fairly?

Unfair debt collection practices continue to plague our region. Many of our clients have experienced harassing phone calls; demands for payments not truly owed; illegal threats of bogus consequences for failing to pay, up to and including imprisonment; or lawsuits to collect stale debts that are barred by the applicable statute of limitations. These abuses are disturbingly common. Abusive debt collection practices can take a terrible toll, emotionally and practically. Beyond the fear, stress and embarrassment, families can have their bank accounts frozen, making it impossible to pay for their most basic needs. Debt collectors frequently place incorrect information on people’s credit reports, impairing their ability to secure credit, housing and even employment on some occasions. Debt collection has become the number one source of complaints at both the Federal Consumer Financial Protection Bureau and the Federal Trade Commission. Consumer complaint data indicates the most common grievances are mistaken information and what the CFPB calls “aggressive communication tactics and threats.” Reports demonstrate no shortage of appalling anecdotes. A West Virginia family recently had their furniture, clothes and personal belongings taken to the town dump after a bank and its debt collector foreclosed on the wrong home. Another West Virginia woman was sued for a medical debt that she had already paid in full. The prevalence in debt-collection problems appears to be a combination of aggressive lending in prior years contributing to a rise in payment delinquency and an explosion of new debt buyers and a deterioration of industry practices. Having paid pennies on the dollar for the right to go after a portfolio of purportedly delinquent debtors, many debt buyers fail to determine the validity of the data they purchased. Often, years have passed and misinformation has become engrained into the collection process. Rather than perform due diligence, collectors often adopt a shotgun approach, hoping to frighten a few people into paying opposed to pursuing their rights. Fortunately, for West Virginians, strong state remedies exist. Penalties of over $1,000 for each act (i.e. call or letter) that violates state law are provided, along with the right to recover your actual damages, including for your emotional distress, and your attorneys’ fees. Consider contacting us if you have been subjected to the practices described herein, including: threats that non-payment will result in arrest or garnishing wages without informing the consumer that a judicial order is necessary for any garnishment; the collection of old debt that may be passed the statute of limitations; collection or threatened assessment of attorneys’ fees; the communication with any employer of information relating to an employee's indebtedness; the disclosure of information relating to a consumer's indebtedness to any relative or family member of the consumer if such person is not residing with the consumer; any communication with a consumer whenever it appears that the consumer is represented by an attorney; any false representation of the extent or amount of a debt, or of its status in any legal proceeding; any false reports by creditors to credit reporting agencies and auto-dialed collection calls made to your cell phone without your permission.

Consider Donating to Easter Seals This Sunday

April is World Autism Awareness Month and, as you may have seen on our Facebook page, last Tuesday members of the Bordas & Bordas firm proudly wore blue in support of World Autism Awareness Day. Autism affects an estimated 1 in 45 children nationally and is one of the fastest-growing developmental disabilities. Advocacy groups such as Autism Speaks seek to spread awareness and acceptance of people with autism with their “Light It Up Blue” campaign. While we wore blue, landmarks, buildings and other structures were lighted up blue to show support of World Autism Awareness Day. Autism Speaks is a national organization. However, a number of local organizations also provide advocacy services for people with autism. One such organization is Easter Seals. Easter Seals has been helping individuals with disabilities, and their families, for more than 80 years in the Ohio Valley. Its mission is to provide “exceptional services, education, outreach, and advocacy so that people living with autism and other disabilities can live, learn, work and play in our communities.” Easter Seals offers programs such as early intervention, outpatient medical rehabilitation, medical services, and a variety of educational programs. I have seen firsthand the impact Easter Seals can have on a child, and, as a nonprofit organization, it is in need of our help. This Sunday the 15th, Easter Seals will hold its 44 th annual telethon to raise money for its various programs. The telethon will be held from 3:00 p.m. to 6:00 p.m. on WTRF-CBS. All funds raised will stay local and be used to help individuals here in the Ohio Valley. I ask everyone to consider donating. Any donation, even a small one, can go a long way to helping support this great organization. If you are interested in learning more about Easter Seals, please feel free to call them at (304) 242-1390 or visit their website at http://www.easterseals.com/wv/.

Moms - Your Best Is Good Enough!

I have recently read an article about a woman named Celeste Erlach who wrote her husband a letter asking for help raising their two small children, a baby and toddler. Apparently, this letter went viral. In her letter she went into detail about needing some rest but wasn’t getting help from her husband as he kept pushing the bassinet toward her side of the bed until she took over. This incident pushed her to the point where she wrote this famous letter to her husband. After I read the article, I came to the conclusion that the most disturbing part for me was the fact that she was afraid of people pinning her as an inadequate mother. It was then when I looked back on my own experience with my three children and the struggles I endured. I also wanted to be the “perfect mom” and impress our families and friends with the impression I could do it all. I am here to let young moms know that you don’t have to be perfect. Perfect moms don’t exist and the only thing that should be expected from us is that we do the best we can. Asking for help does NOT mean you are inadequate and you shouldn’t feel guilty in doing so. We need to take care of ourselves because if we don’t we are no good for our children. This means letting up on ourselves as well because I believe we are our own worst critic at times. My words to all moms, be kind to yourselves and don’t be so judgmental on other moms. We all have our trials and they will pass. Get up, dust yourself off and continue on with the great adventure we call motherhood.

Driving

"Two-Step Program" Required Upon Gaining CDL Before Driving Solo

In today’s world, a potential applicant needs to be 18-years of age before they can apply for a commercial driver’s license. Depending on the applicant, this could lead to a young, inexperienced and potential unprepared driver being permitted to get behind the wheel of a large commercial motor vehicle. A new bill aimed at allowing the interstate operation of commercial vehicles by 18 to 21-year-olds has hit the floor of Congress, with support from various lawmakers, the International Foodservice Distributors Association (IFDA) and the American Trucking Associations (ATA). The “Developing Responsible Individuals for a Vibrant Economy” or “DRIVE-Safe” Act, creates a “two-step” program for 18 to 21-year-olds who gain their commercial driver’s license (CDL) must complete before being given the green light for solo interstate operation. I believe this proposed bill is sound and necessary for the safety of our roadway!!! The program’s rules outlined in the bill include, but are not limited to: The completion at least 400 hours of on-duty time; Another 240 hours of driving time completed with an experienced driver in the cab with them and; Trucks utilized by these drivers must be equipped with safety technology including active braking collision mitigation systems, video event capture, and a speed governor set at 65 miles per hour or below. The proposed bill will strengthen many current industry training programs beyond current federal requirements to ensure safety and that drivers are best prepared. If you are involved in a tractor- trailer collision, please note there are many additional rules and regulations that govern the industry. It is important that you contact an attorney immediately to discuss specifics of your accident so the attorney can investigate and determine what, if any rules/regulations were violated, thereby resulting in your unfortunate event. Please call Bordas and Bordas with any questions.

Erin's Law - Another Win in the Fight to Protect WV Children

Most of you who read the Bordas Blogs on a regular basis will recall that I am actively involved with the West Virginia Child Advocacy Network, more generally known by its acronym, WVCAN. I currently serve as WVCAN President and have been a member of the Board of Directors for over four years. Last week, I participated in yet another event that reminded me of how very important the mission of WVCAN is in the protection of the most valuable resource in our state: our children. Erin Merryn is a young woman who was subjected to horrible sexual abuse between the ages of 6-8, and again between the ages of 11-13. As an adult, Erin recognized that during her childhood years, she had never been taught about sexual abuse. Her classmates had not been given age-appropriate techniques to recognize child sexual abuse, nor to report those signs to a trusted adult. Teachers and other school personnel had not been specifically trained to recognize signs of an abused child. Parents had not been given information to help them recognize warning signs of child sexual abuse. Recognizing that such training may well have saved her from years of nightmarish abuse, Erin set out to make a difference. In 2009, Vermont became the first state to mandate child sexual abuse prevention programs in its schools, all because of Erin’s efforts. Today, 32 states – including West Virginia – require such education. Three years ago, working along with WVCAN Executive Director Emily Chittenden-Laird, I helped to draft legislation that created a task force to study the issue of child sexual abuse in WV, and to fashion a program aimed at educating and empowering children and adults alike to recognize the signs of abuse; and to take appropriate steps to have it stopped. Last week, I stood in the Governor’s Conference Room in Charleston as Governor Jim Justice added WV to the list of states that have approved and implemented Erin’s Law. Erin’s Law was approved in WV first because of the effort and determination of Erin Merryn to ensure that no child ever again has to endure the horrors that she suffered in her youth. She is the champion of the legislation, and no one could credibly argue to the contrary. There are, however, other champions in each state that should not be forgotten. WVCAN made this legislation a priority. Our lobbyist, Ben Beakes, made certain that the bill stayed on track, in the forefront of the minds of legislators. Our executive director, whose energy, compassion and commitment never cease to amaze, made sure she was available on a moment’s notice to travel to the capitol to meet with senators and representatives who had questions or concerns.  She was armed to the teeth with facts, figures and studies to support the critical need for this legislation. (One in every 10 children in WV will be the victim of sexual abuse by their 18 th birthday. One in every 10. You probably were not aware of that fact. Neither were most of our legislators.) After all was said and done – after all of the meetings and hearings and proposed amendments and conferences – the bills passed both the senate and the house. Unanimously. West Virginia’s children are safer now than they were a month ago. The tireless efforts of Emily Chittenden-Laird and Ben Beakes will save WV children from experiencing sexual abuse and will rescue others from that horror. One of my favorite sayings is, “No person stands so tall as when she stoops to help a child.” Emily and Ben are human skyscrapers.

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