June 1991 - San Francisco Police Officers Association

Page 8 Notebook June, 1991POA Bulletin #91-45Cathy McKulsky Cancer FundAnd Public CampaignCatharine Nelson McKulsky (Cathy) isthe wife of Drug Enforcement AdministrationSpecial Agent Edward McKulsky. Sheis the mother of two sons, age 5 and 6 andlives in Northern Virginia. She is a formerSan Francisco Police Officer. Ed is also aformer patrolman of the Oakland PoliceDepartment. In December of 1990 Cathywas diagnosed as having Stage II breastcancer (with positive lymph nodes) andunderwent a modified radical mastectomyshortly thereafter. During surgery, doctorsfound 18 positive (malignant) lymph nodes.Ten or more positive lymph nodes indicatea high risk for recurrence of the cancer.Cathy is currently undergoing intensivechemotherapy to treat her cancer. HerPrudential PruCare network approved oncologiststates that, without an autologousbone marrow transplant (ABMT), there isa 50% chance that the cancer will recurewithin two years and an 80% chance thatit will recur within five years. If her cancerrecurs, it will likely be fatal with presentlyavailable technology.An ABMT is a medical procedure inwhich bone marrow is removed from thepatient and stored. The patient thenreceives higher dosage chemotheraphydesigned to eliminate all cancerous cellsfrom the body. The patient's own bonemarrow is then returned, increasingchances of a cancer-free life to about 80%.SAN FRANCISCOPOLICE DEPARTMENTS.E.P. CRIME PREVENTIONSPECIALISTHERMAN DOWELLDIVISION DISPATCHERSENIOR ESCORT PATROL319 CLEMENTINASAN FRANCISCO, CA 94103597-7956Cathy has been evaluated for, this procedureat the Duke University MedicalCenter in Durham, North Carolina and,because of her youth and superb physicaland mental condition, she is considered anexcellent candidate.The treatment will cost in excess of$150,000, of which medical insurance willcover $100,000. The McKulsky familydoes not have this kind of money. Medicalauthorities acknowledge that stress is avery negative factor in cancer therapy. Tohelp relieve financial worries so that Cathycan concentrate on her cure, a group ofconcerned citizens has formed a coalitioncalled the Friends of Cathy McKulsky. Thepurpose of the coalition is to raise the fundsrequired to pay for Cathy's treatment. Theinitial goal is only $50,000. Any excessfunds will be donated to continue this fightby Cathy. We hope to focus national attentionon the plight of the McKulskys andothers in similar circumstances to causechanges nationally in health insurancecoverage so others do not have to gothrough this same experience. TheMcKulskys have already initiated some activitiesin support of this goal.Please contribute what monies you canto the:Cathy McKulsky Cancer Fund13115 Tingewood CourtHerndon, VA 22071CourtesyOf AFriendAre You Adequately InsuredAgainst The Uninsured Motorist?by Dale AllenIt is estimated that there are 20,000,000automobiles on the road in the State ofCalifornia today. Of those cars, it is furtherestimated that 30 percent are uninsured.What happens when you are involved inan autombile accident with a negligentuninsured motorist? Your only recourse forrecovery is contained in your own insurancepolicy under Insurance Code §11580.2.The Uninsured Motorist Act Set ForthIn Insurance Code § 11580.2The legislature initially adopted this lawin 1959 and has since amended and updatedit over the years. This law requiresevery automobile liability insurance policyissued or delivered in California to includeuninsured motorist coverage, a type ofbodily injury insurance designed to compensatethe insured, you, for damage inflictedby a financially irresponsiblemotorist unless expressly waived. The term"uninsured motorist" does not appear in thelaw, but is a shorthand substitute for thestatutory phrase "owner or operator of anuninsured motor vehicle."The coverage, for which an additionalpremium is charged, insures the insured,his heirs, or his legal representative for allsums up to the statutory minimum that heor they, as the case may be, may be legallyentitled to recover from the uninsuredmotorist as damages for bodily injury orwrongful death. The minimum coveragelimits are $15,000 for one person in oneaccident, and $30,000 for two or more personsin any one accident. "Bodily injury"includes sickness or disease, and deathresulting from either.OPEN ROADBICYCLESDff( )1352 Irving St.San Francisco, CA 94122(415) 753-6272The insurers liability, that is the insurancecompany, derives from and is contingenton your legal right as an insured torecover from the uninsured motorist asdetermined by the general principles of tortlaw. In other words, if the uninsuredmotorist has committed the negligent act,then you as the injured party are entitledto recover. By this law, you then are protectedand can recover up to the amountof insurance you purchased against injuriesand damages inflicted by someone notinsured.In 1985, the California legislature requiredthat all policies including uninsuredmotorist coverage must now also includeunder-insured motorist coverage. Underinsuredmotorist coverage means that if aninsured person is injured or damaged to theextent that recovery exceeds the amountof insurance carried by the negligent party,the remaining amount can be recoveredagainst the injured party's own insuredpolicy. By this law, the legislature closeda loop-hole where, for example, thecatastrophic type injury occurs yet thenegligent party carried the minimumamount of insurance required by CaliforniaLaw. Despite the nature of the injuryand the liability of the negligent party, theinjured party was limited to a recovery ofthe minimum amount.There are certain limitations as to whenan uninsured motorist claim can be made.In order to curtail fraud, if the uninsuredmotorist is the owner or operator of a hitand run vehicle who fled the scene, the injuredparty must report the accident within24 hours to the local police or highwaypatrol and file a written claim under oathwith his or her insurance company within30 days of the accident. If the claim is fora hit and run vehicle there must be physicalcontact between the two vehicles in orderfor the claim to qualify. If the unknown or"phantom" vehicle merely forces the injuredparty's vehicle off the road, withoutphysical contact, there is no coverage.Another favorable aspect of uninsuredmotorist coverage allows for an injured partyto recover even if the injury occurs whileriding in a friend's car that is involved inan accident with an uninsured vehicle. Theclaim can be made under both your ownpolicy as well as your friend's. 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