26 The Courier SUN • AUGUST 8, 2013 for breaking news visit www.couriersun.com SCOTT BARON’S STAR OF QUEENS Barbara Stuchinski President Forest Hills Community & Civic Association COMMUNITY SERVICE: Barbara Stuchinski is deeply involved with her community. Not only is she president of the Forest Hills Community & Civic Association, Stuchinski is also involved with the Remson Park Coalition, Community Board (CB) 6, which oversees Forest Hills and Rego Park, and the Community Emergency Response Team (CERT) of CB 6. Stuchinski’s responsibilities varey: maintaining quality of life, traffic mitigation, maintenance and landscaping of parks, providing awareness for emergency preparedness and much more. BACKGROUND: Stuchinski was born and raised in Forest Hills and resides there today. She considers herself a “100 percent Queens resident.” Though she is now retired, Stuchinski once worked in education as well as doing office work, but has always been involved in volunteer work. FAVORITE MEMORY: “My favorite memory is when I convinced Parks Commissioner Henry Stern to name a playground in Forest Park after Joe DeVoy, who was president of the Forest Hills Civic Association before me,” recalls Stuchinski. “It was a tremendous accomplishment, and a touching way to remember brought to you by SCOTT BARON & ASSOCICATES, P.C. Attorneys & Counselors at Law 1-866-WAS-HURT (866) 927-4878 718.738.9800 someone.” BIGGEST CHALLENGE: “My biggest challenge was definitely securing a space for the schools on Woodhaven Boulevard and Metropolitan Avenue,” said Stuchinski. “It was a huge fight that took 17 years.” INSPIRATION: “My inspiration has been watching people who do things for other people, I’m just aware of it,” said Stuchinski. “My parents taught me, if you see someone who is less fortunate than you, you should reach out.” While Stuchinski realizes it isn’t always easy devoting so much time to others, she truly believes in being altruistic. “If you’re just here to take care of yourself, there’s no point in being on Earth.” BY MELISSA FERRARI star OF queens Legally Speaking By: Scott Baron, Attorney at Law SEND IN THE FORMS Q: A fire destroyed my house. The insurer demanded sworn proofs of loss and provided some forms for that purpose. Afterwards, the insurer denied my claim on the ground that I had failed to provide a proof of loss statement within the time period required by the insurance policy. That is not true: I did send in the proofs of loss. A: In general, the failure to file sworn proofs of loss on time constitutes an absolute defense to an action on an insurance policy, absent a waiver of the requirement by the insurer or certain other conduct on its part, such as repudiating liability. (Please understand that an adjuster’s investigation and subsequent preparation of a report neither satisfies your obligation to submit the proofs nor constitutes a waiver.) However, it is not enough that the insurer gives its say-so that a search of its proof-of-loss files fails to reveal that the forms were received from you after the insurer’s demand. Perhaps you had submitted the proof of loss forms before the insurer’s demand, confusing its normal filing system. Perhaps a search of the insurer’s telephone memoranda will uncover an employee’s acknowledgement that indeed the forms were received. Last but not least, perhaps the jury will believe your own oral testimony on the subject of sending in the proof of loss. In our legal system, a jury of your peers is the arbiter of credibility. It always is extremely advisable to take such minimal precautions as (1) preserving a certified-mail receipt and (2) protesting when you fail to get an immediate acknowledgement from your insurer that it has received your proofs of loss. But even without those precautions, you still should talk to an attorney about your chances of prevailing. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Our job is making sure no longer goes that waste to waste. Find out more at ThinkGreen.com Energy creation. Recycling programs. Closed-loop solutions. Those are just a few of the innovations we’re delivering for customers and communities alike. We live in a world where things can no longer go to waste. That’s why Waste Management is working to get the most from resources. It’s good for business and the environment. ©2012 Waste Management, Inc.
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