Professional Indemnity Insurance for Various Professions

A solicitor seeking protection under professional indemnity insurance is not something which most of us thought about being necessary until recent years. As the very name suggests, a solicitor is adept with his profession, with various laws and legislations that pertains to his area of expertise. In fact, the very status of a solicitor itself is a sure sign of authenticity and height of meticulousness, and he being charged for failure to deliver up to his standards is something which we never believed could be a possibility.

The situation is quite different nowadays. The overall industry scenario has become much volatile, making the jobs of solicitors tougher. A minute and unaccounted step has a good probability to leading to nasty claim against a solicitor, amounting to severe financial loss, loss of reputation, or both, and these are not uncommon. Hence, professional indemnity insurance is a necessity for solicitors even.

Professional indemnity insurance policies for solicitors are bit different from typical professional indemnity covers available for other professionals. Professional indemnity covers for solicitors are widely drawn. It should be noted that the type of service offered by solicitors are different in nature from other professionals and so are the types of claims that arise against solicitors. A typical policy covers civil liability arising in the course of work carried out in the course of private legal practice; however, there is some exclusion. Professional indemnity insurance for solicitors does not usually cover claims for negligence or breach of contract, but for breach of trust, breach of fiduciary duty, perceived dishonesty, etc. These are the areas where professional indemnity insurance policy that is applicable to other professionals differs from a professional indemnity cover for solicitors.

In most instances, a policy breach may result in claims going unpaid. In such situations, other professionals have policies that contain provisions limiting the rights of the insurer in cases of policy non-compliance; however, professional indemnity insurance policies for solicitors are in comparison more generous in nature of the cover provided.

It is very important that solicitors take note that while the cover may be widely drawn, it may not include any activity that typically does not come under the areas covered by a solicitor under normal circumstances. If any solicitor engages in any activity that falls outside the periphery of solicitation, it should be immaculate put across the insurance agency, who, in turn, will make sure that the offered policy covers the applicant from any claim.

For sale to the highest bidder

Grand Canyon of the Yellowstone, by Thomas Moran. 1872. Since Moran was paid a cool $10,000 for this painting, his work in Yellowstone was a ‘commercial enterprise.’ Moran’s work led directly to the creation of Yellowstone National Park and an increased awareness of the beauty and fragility of the West. But never mind history and tradition; we can get more dough out of balloon tours.

While the news is filled with stories about Cliven Bundy and an aborted land grab by the BLM, a similar story crossed my radar this week. It’s on a much smaller scale, but it touches me directly. And the root of the problem seems to be the same as that being played out in Nevada: our nation’s resources are for sale to the highest bidder.

Like me, Michael Chesley Johnson teaches plein airworkshops. Last week he was teaching in the Red Rock Ranger District of the Coconino Forest when he was stopped by a ranger who told him he can't take his painting workshops onto Forest land without a permit.  Because he charges a fee for his workshops, he is considered a commercial operation. If he continues to flout the requirement, he’ll get a $500 fine.

Michael Chesley Johnson's painters having a huge impact on the environment.

Michael’s groups are very small—never more than four students at a time. Like most plein airpainters, he’s also a keen environmentalist, and like most plein air teachers, he polices the area in which his students work, enforcing a strict “leave nothing but footprints” policy.

So Michael duly looked into the permit and found that he can’t get one. Why? Because the Red Rock Ranger District has used up all its permits, doling them out on a ten-year basis.

Tower Falls at Yellowstone, by Thomas Moran, 1876. We have national parks in the west in large part because of artists like Moran.

What is the competition that Michael is theoretically displacing? Red Rock Western Jeep Tours was authorized for 10,055 trips, each with multiple passengers.  In contrast, Michael takes about 30 people out each season. Total.

The Park Service recognizes the need for a different kind of permit for people like Michael, but they won’t get around to creating it until 2016 at the earliest.

The field artists who accompanied every important western journey of exploration contributed mightily toward shaping our national ethos.  Thomas Moran, Albert Bierstadt, Thomas Hill, William Keith and others defined the American West for the 19^th century, just as Ansel Adams did for the 20^th century. And all of these artists were unabashedly ‘commercial enterprises,’ just as painters are now.

How do we train new plein air artists in that historic tradition? By taking them out into the field, of course.

Another plein air painter in one of Michael Chesley Johnson's workshops.

I have taught in public parks from the Kit Carson National Forest to Owl’s Head in Maine. The only place I’ve ever bothered to apply for a permit was at Niagara Falls, and that was because it’s crowded. And all they asked of me was a “hold harmless” agreement.

I’ve never been bothered by a ranger—never. But neither had Michael Chesley Johnson, until last week.

Let me know if you’re interested in painting with me in Maine in 2014 or Rochester at any time. Click here for more information on my Maine workshops!

Who Is Eligible For Heating Allowance In The Uk?

The rules that govern which people are eligible for heating allowance in the UK are slightly complicated. Many people who are eligible for payments receive them automatically through the same systems that administer their other benefits, but others who are eligible need to apply to get the money they are entitled to. The following is a guide to help you determine whether you are eligible for Winter Fuel Payment or Cold Weather Payments, so you can apply for and receive the money you need to stay warm.

Who is Eligible for the Winter Fuel Payment?

In order to be eligible for the Winter Fuel Payment, you must meet the following criteria.

Age

Winter Fuel Payment is only paid to the older people in UK society. The minimum age you need to be to claim the Winter Fuel Payment changes every year, as it is rising in line with the female state pension age.

For the winter of 2012-2013, only people born on or before the 5th July 1951 are eligible to claim the Winter Fuel Payment.

For the winter of 2013-2014, only people born on or before the 5th January 1952 are eligible to claim the Winter Fuel Payment.

For the winter of 2014-2015, only people born on or before the 5th July 1952 are eligible to claim the Winter Fuel Payment.

Exceptions

Even if you meet the age requirement, you will still not be eligible to claim the Winter Fuel Payment if any of the following exceptions apply to you:

If you were in prison during the week of 17 to 23 September 2012, you would not be eligible to claim the Winter Fuel Payment during the winter of 2012-2013.

If during the week of 17 to 23 September 2012 you were in hospital, and you had been in hospital for at least a year beforehand, you would not be eligible to claim the Winter Fuel Payment.

If you have been living in a care home for 12 weeks or more, you cannot claim the Winter Fuel Payment, even if you are receiving other income-based benefits such as Pension Credit, Jobseeker’s Allowance, or ESA.

If your immigration status excludes you from claiming benefits, you are not eligible for the Winter Fuel Payment.

Living Abroad and Claiming the Winter Fuel Payment

Contrary to popular belief, it is possible for UK citizens to claim the Winter Fuel if they live outside of the UK. However, there are a few conditions you must meet to claim the Winter Fuel Payment while living overseas. You must have already qualified for the Winter Fuel Payment before you left the UK. Furthermore, you can only claim the Winter Fuel Payment if you live in another country in the European Economic Area (EEA) or Switzerland; UK citizens living outside this area are not eligible to claim the payment.

Receiving the Winter Fuel Payment

Most people who are eligible for the Winter Fuel Payment will receive it automatically. The payment is administered using the same system as is used to distribute the State Pension and certain other benefits, including Pension Credit and Incapacity Benefit, so if you already are in receipt any of these benefits you should receive the Winter Fuel Payment once you reach the age of eligibility.

If you do not receive the State Pension, but you meet the eligibility requirements for the Winter Fuel Payments, you will need to make a claim to receive this heating benefit. You can make either a claim via the gov.uk website or write to the Winter Fuel Payment Team via the address given on the gov.uk site.

If you claim before the end of September, you should receive your payment before Christmas. People who receive the payment automatically will receive the money in either November or December, following a letter informing them that the payment will soon be arriving.

Cold Weather Payment Eligibility

The other benefit that exists in the UK to help people meet their heating bills is the Cold Weather Payment. This allowance only applies when the temperature in your local area dips below zero degrees Celsius for a period of 7 days or longer.

Who is Eligible for the Cold Weather Payment?

Only people who are already receiving one of the following benefits are eligible for the Cold Weather Payment. In each case, there are also some further conditions that must be met in order to be eligible.

Income-Based Jobseeker’s Allowance (JSA)

There are two components to Jobseeker’s Allowance (JSA): a universal component which is paid to anyone who has made enough National Insurance contributions, and an income-based component which is means tested. If you are receiving income-based Jobseeker’s Allowance, you will also be eligible for the Cold Weather Payment if you have a disabled child, a child under 5, or if you receive a disability or pensioner premium on top of your JSA.

Income-Based Employment and Support Allowance (ESA)

Employment and Support Allowance is paid to people who are disabled or suffering from an illness that makes working difficult. You can receive income-based ESA if you are unemployed or in work, providing you meet the eligibility and income requirements. In addition, you’ll also get Cold Weather Payments to help you meet your heating costs if you receive the work-related component of ESA, if you have a disabled child or a child under five, or if you receive a severe disability premium in addition to the standard rate of ESA.

Receiving Cold Weather Payments

If you are eligible for Cold Weather Payments, you will receive them automatically. To make sure that you get the money you are entitled to during spells of severe cold, make sure that you keep the Jobcentre informed of any changes in your circumstances, for example if you have a new baby.

The Pope’s Daughter

Lucretia Borgia Reigns in the Vatican in the Absence of Pope Alexander VI, 1908-14, by Frank Cadogan Cowper, recreates a scandalous incident in the life of Lucrezia Borgia. In 1501, she took the place of her father, Pope Alexander VI, at a Vatican meeting.  The artist uses a humble priest kissing Lucrezia’s feet to indict the church’s worldliness.

My friend K Dee recently put together a photostream of portraits of women to “help me remember, in case I ever start to forget, which sort of female image I find reflects a healthy civil society, and which I do not.” 

Lucrezia Borgia was the daughter of Pope Alexander VI and one of his many mistresses, Giovanna de Candia, contessa dei Cattanei. Very little of what we think we know of her is proven, but her legend has been enduring.

Portrait of a Woman, early 16th century, by Bartolomeo Veneto, is assumed to be a portrait of Lucrezia Borgia.

By our standards, Italian Renaissance society was remarkably tolerant, for the Pope openly acknowledged Lucrezia and her siblings. Then again, the Borgias treated the church like their private fiefdom and power base. And as liberal as the Italian Renaissance was about sexual matters, the Borgias stood out as libertines.

Lucrezia was described as having all the attributes of a Renaissance beauty—a long neck, long blond hair, an ethereal carriage. Her father wasn’t averse to horse-trading for her. As the Borgia family’s fortunes rose, one engagement and then another was made and broken, starting when she was 11 years old. She was married at the age of 13, to Giovanni Sforza, Lord of Pesaro and Count of Catignola. His usefulness to the Borgias soon ended, however, and the Pope quietly ordered his execution. Lucrezia apparently hadn’t yet grown into her Borgia soul: she warned him and he fled Rome.

Sforza refused a divorce and accused Lucrezia of incest with her brother and father. The Borgias responded by alleging the groom was impotent. They of course held the power, and the marriage was annulled.

Lucrezia was probably pregnant at the time of this annulment—perhaps by her husband, perhaps by the chamberlain in her father’s household. She retired to a convent, and a Borgia child was born that year. Meanwhile, the body of the chamberlain and a maid were found in floating in the Tiber. The child, Giovanni, was presented to society as her half-brother.

Portrait of a Youth, c. 1518, by Dosso Dossi, is also presumed to be a portrait of Lucrezia Borgia. If so, it was painted at the end of her life. It radiates exhaustion and cynicism.

In order to strengthen ties between the Vatican and Naples, Lucrezia, now 18, married Alfonso of Aragon, 17. “"He was the most beautiful youth that I have ever seen in Rome,” wrote a contemporary.  Soon, the twisting ties of Alexander’s allegiences made Alfonso a liability. The young man fled Rome. Lucrezia’s family ordered her to lure him back. They returned to the Vatican, where Lucrezia gave birth to their son. Alfonso was attacked by hired killers on the steps of St. Peter’s Basilica; he barely survived this attack only to be strangled in his sickbed.

Two years later Lucrezia was given in marriage to Alfonso I d'Este, Duke of Ferrara. To pull this off, she pretended she was a virgin. Little Rodrigo was left behind and she never saw him again.

Oddly, this last marriage stuck. The couple had several children together and survived the fall of the House of Borgia following Alexander’s death. Both parties took lovers, but Lucrezia died giving birth to her eighth child at age 39, to all outward appearances a virtuous Roman matron of piety and good works.

Let me know if you’re interested in painting with me in Maine in 2014 or Rochester at any time. Click here for more information on my Maine workshops!

Seeking a crown

The Execution of Lady Jane Grey by Paul Delaroche, 1833, was painted three hundred years after the death of Lady Jane, but immediately after the July Revolution of 1830, which deposed the last of the Bourbon monarchs. It uses an old British story to speak obliquely about recent events in France. 

My friend K Dee recently put together a photostream of portraits of women to “help me remember, in case I ever start to forget, which sort of female image I find reflects a healthy civil society, and which I do not.” This week I’m responding to that by writing about great dames in history.

The void left after the death of Edward VI in England became an opportunity for a remarkable series of women to chase after the crown. Intending to keep it out of Catholic hands, young Edward had named his teenaged first cousin, Lady Jane Grey, as his successor.

She was married into a family of power brokers. Her brother-in-law would become Queen Elizabeth’s close companion, confidant and, possibly, lover. Her father-in-law, the Duke of Northumberland, was the principle power broker in her rise and fall.

Lady Jane later wrote that she accepted the crown only with reluctance, and it certainly appears that she was a pawn in a game organized by others. Northumberland moved quickly to consolidate his power, but Mary moved even faster. The Privy Council switched sides, naming Mary the queen and imprisoning Jane and her husband. Northumberland, Lady Jane, and her husband were executed.

Portrait of Mary Tudor by Antonis Mor, 1554. Whatever else you might say about the Tudors, they had fantastic portrait painters working in their courts.

Mary I of England comes down to us with the sobriquet of “Bloody Mary” for her violent suppression of Protestants: she had almost three hundred of them burned alive at the stake. But she should also be remembered as the first successful British female monarch.  She was succeeded by her sister, Elizabeth I, arguably the greatest woman ruler in history.

One more claimant to the English throne deserves mention. Mary, Queen of Scots was the only surviving legitimate child of King James V of Scotland, and a constant thorn in Elizabeth’s side. She was also a Tudor cousin, and Elizabeth vacillated between wanting to name her as her heir and wanting to kill her.

Portrait of Mary Stuart, 1578-79, by Nicholas Hilliard. The mount was done in the next century; the painting is watercolor on vellum.

Mary was six days old when her father died and she ascended to the Scottish throne. She spent most of her childhood in France. At the age of sixteen she married the Dauphin, who in short order left her widowed.

She returned to Scotland. Four years later, she married her first cousin, Lord Darnley, another aspirant to the English throne. While his scheming character may have attracted her at first, it eventually dawned on Mary that he was a threat to her well-being. Darnley was killed when his home was bombed. The prime suspect, the Earl of Bothwell, married Mary one month after he was acquitted.

It was typical of Mary’s career that she would act impetuously, with disastrous results. Denounced as an adulteress and murderer, she was imprisoned and forced to abdicate the Scottish crown in favor of her infant son.

Mary escaped from prison and raised an army, which was defeated. She fled to England, expecting her cousin Elizabeth to help her regain her throne. Elizabeth promptly parked Mary in the Yorkshire countryside and opened an inquiry into Darnley’s murder. Elizabeth ensured that no verdict was ever reached, and Mary spent several years in sumptuous imprisonment in England.

That didn’t prevent her from plotting against her cousin, however, who remained curiously reluctant to deal with her in the decisive Tudor manner. Finally, in 1587, Mary was tried and convicted of treason. Elizabeth’s Privy Council ordered her swift execution, and her career was at an end.

Let me know if you’re interested in painting with me in Maine in 2014 or Rochester at any time. Click here for more information on my Maine workshops!

A true warrior queen

Zenobia in Chains, 1859, by Harriet Hosmer. The American sculptor Harriet Hosmer portrayed Zenobia twice. This version depicts Zenobia being paraded through Roman in Aurelian’s Triumph. It is impossible to read this statue retrospectively without considering it as a commentary on the dual American questions of the age: women’s rights and abolition. It just figures that when Hosmer showed it in Europe, many questioned whether a woman would have been capable of producing such a monumental work.

My friend K Dee recently put together a photostream of portraits of women to “help me remember, in case I ever start to forget, which sort of female image I find reflects a healthy civil society, and which I do not.” I’m not sure I’d call the collapsing Roman empire a ‘healthy civil society’ but Zenobia is certainly one of its heroines.

In the third century AD, the Roman Empire was coming unglued. Emperors were assassinated, a Persian revolt couldn’t be put down, generals were locked in power struggles, and the frontiers were open to attack. The governor of the eastern provinces chose to deploy his legions to defend his territory rather than fight with other Romans.

Zenobia, Queen of Palmyra, modeled c. 1859; carved after 1859, by Harriet Hosmer. “I have tried to make her too proud to exhibit passion or emotion of any kind; not subdued, though a prisoner; but calm, grand, and strong within herself,” wrote Hosmer.

In the usual manner, he too was murdered.  His son, Vaballathus, was named rex consul imperator dux Romanorum and corrector totius orientis of the new Palmyrene Empire. That was a mouthful for a child who was barely walking, so the real power behind the throne was his mother Zenobia.

Zenobia was the daughter of a governor of Palmyra. While she claimed she was a descendent of the Ptolomies and Dido, Queen of Carthage, she was more likely a Romanized Syrian with some Egyptian and North African ancestry. She was well-educated and fluent in Greek, Aramaic, Egyptian and Latin. And of course—because she is a queen of legend—she was beautiful. It is probably true that she rode, hunted, fought, and drank like her male officers, or she could not have commanded them in the field.

Who knows how long the Romans might have ignored her had she contented herself with governing Syria and its surrounds? But by 269, Zenobia was on the move. She conquered Egypt and beheaded its Roman prefect. She proclaimed herself Queen of Egypt.

From that to the absurd: the Duchess of Devonshire dressed as Zenobia for her own Jubilee Costume Ball in 1897. Playing dress-up Zenobia has been popular forever, it seems.

Her victory was short-lived. By 273, Rome had reestablished enough equilibrium to challenge Zenobia. The Emperor Auralian arrived in Syria and crushed Zenobia’s army near Antioch. Zenobia and her son were captured along the Euphrades as they fled by camel.

Aurelian took Zenobia and Vaballathus as hostages to Rome, parading Zenobia in golden chains during his Triumph. Nobody knows whether Zenobia was executed or pardoned, for she disappeared from history at this point. Legend says she was married off and lived to bear several daughters.

Let me know if you’re interested in painting with me in Maine in 2014 or Rochester at any time. Click here for more information on my Maine workshops!

The Empress Dowager Cixi

A tinted photograph of the Empress Dowager Cixi, Regent of the Qing Dynasty. Her portraits included a painting given to Teddy Roosevelt as well as extensive photographs. 

My friend K Dee recently put together a photostream of portraits of women to “help me remember, in case I ever start to forget, which sort of female image I find reflects a healthy civil society, and which I do not.” Today we’ll look at the story of a remarkable woman who prospered by being more toxic than her society.

The Empress Dowager Cixi was born in Beijing in 1835, an unimportant daughter of a mid-level bureaucrat. At 16, she was one of sixty girls in a cattle-call to choose consorts for the new Xianfeng  Emperor. Cixi made the cut.

 Concubines of the Xianfeng Emperor fishing at a pond, 19th century. The figure at left is probably Cixi; the one at right is the Empress Ci'an.

Despite the plethora of women in his harem, the Emperor had trouble producing an heir. In 1856, Cixi gave birth to his only surviving son, Zaichun. This propelled her up through the harem ranks so that by the time Zaichun reached his first birthday, she ranked second only to the Empress.

Unusually, Cixi could read and write. This granted her unprecedented access to the Emperor and an informal education in how to govern.

In September 1860, British and French troops attacked Beijing and burned the Emperor's Old Summer Palace to the ground. The Emperor and his entourage fled Beijing. The Emperor turned to booze and drugs, became ill, and died.

Portrait of Empress Dowager Ci'an (co-regent with Cixi). Since Ci’an was an Empress and Cixi a lowly concubine, Ci’an had precedence, but this was a matter of formality, not fact. Her portrait corresponds with descriptions of her as good-natured and naive. 

An eight-member Regency ruled on behalf of his heir, who was then five years old. Balancing the Regents’ power were the former empress, the Dowager Empress Ci’an, and the former concubine, the Dowager Empress Cixi.

The Dowager Empress Ci’an was good-natured and naïve: the perfect tool for the former concubine. The situation was inherently unstable, and at the correct moment, Cixi staged a coup with the support of a coterie of princes. To demonstrate her compassion, Cixi executed only three of the eight Regents, eschewed torturing them, and refused to execute the ministers’ families.

Ruling from “behind the curtain,” Cixi issued an Imperial Edict on behalf of the young Emperor stating that the two Empresses Dowager were to be the sole decision makers “without interference.”  Her partner being malleable, Cixi had absolute control of the Chinese state by the mid-1860s.

Portrait of Empress Jiashun, Cixi’s daughter-in-law. It is speculated that Cixi poisoned her when she was pregnant with an heir to Cixi’s dead son.

In 1872, the Emperor turned 17 and was married to the Empress Jiashun. The relationship between Cixi and the new Empress was fraught. “I am a principal consort, having been carried through the front gate with pomp and circumstance, as mandated by our ancestors. Empress Dowager Cixi was a concubine, and entered our household through a side gate,” the new Empress said.

Foolish girl. Cixi ordered the couple to separate. The young Emperor—a man of weak intellect and weak character—began to act out his sexual desires in the brothels of Beijing. He contracted syphilis and died at the age of 19. His young pregnant Empress followed him into the grave a few months later, perhaps at Cixi’s hand. They left no heir. After considerable uproar, Cixi’s four-year-old nephew was tapped to become the next Emperor.

The Empress Dowager Ci'an died suddenly in 1881; rumors swirled that Cixi had poisoned Ci’an. Now the sole Regent, Cixi maintained her iron grip on power even after the new Emperor reached his majority and began to reign as the Guangxu Emperor.

As he grew into his role, the Guangxu Emperor began flexing his muscles, initiating a series of modernizing reforms. These particularly displeased Cixi because they would have checked her power. Once more, the Empress Dowager Cixi took over. The Emperor was never formally removed from the throne, but he was a powerless puppet from then on.

The Guangxu Emperor died suddenly on November 14, 1908. The Empress Dowager installed a new child emperor on the throne and promptly keeled over herself. Turns out that the Guangxu Emperor was poisoned; modern forensic testing shows he had arsenic levels 2000 times greater than normal. It appears that, knowing she was dying, the Empress Dowager’s last act was to prevent him from ever taking power in China.

In 1912, the child emperor Puyi abdicated, ending over 2000 years of imperial China and beginning a long period of instability that would result in the Chinese Civil War.

Let me know if you’re interested in painting with me in Maine in 2014 or Rochester at any time. Click here for more information on my Maine workshops!