Back From Vacation
I have been away for the past week on vacation, so I haven’t been able to post any blogs recently. However, it’s good to be back even though I had an awesome week off. I visited Playa Del Carmen, Mexico for a wedding and my girlfriend Joanelle and I made a vacation out of it. Playa del Carmen is a city just south of Cancun on the coast of the Caribbean Sea. I will admit there was a tiny bit of anxiousness on my part going to Mexico since the country has a recent string of violence, but the southern tip of the country hasn’t been affected like the northern borders. Playa Del Carmen is about a 45 minute drive from Cancun and a beautiful part of the country. The natives couldn’t have been more friendly or welcoming. If you are considering a getaway, keep Playa Del Carmen in mind! I’d be happy to share more details of our stay if you’re interested.
Joanelle and I took hundreds of pictures, but here is a small sample:
–JK
Lessons Learned – Week of October 17, 2010
What can’t you do with a cell phone these days? Apple’s next commercial?
Four Insurance Endorsements You Shouldn’t Go Without
First off, what’s an endorsement you ask? As defined by the Insurance Information Institute, an endorsement is a written form attached to an insurance policy that alters the policy’s coverage, terms, or conditions. When an insurance policy is endorsed, the premium paid for the policy can change. However, not by much considering the additional coverage provided.
The following four endorsements are not typically part of a regular property or general liability insurance policy, but they are a must if they apply to your operations.
- Hired & Non-Owned Auto Liability: Hired & Non-owned auto is a small endorsement which can have a huge impact on your general liability insurance coverage. It protects your business from bodily injury and property damage claims caused by a vehicle you rent or borrow; or caused by vehicles owned by others, such as your employees. A simple errand to the store by an employee can put your business at high risk if you don’t have this endorsement on your general liability policy.
- Employee Benefits Liability: Liability of an employer for an error or omission in the administration of an employee benefit program. Coverage is intended to extend to the “administration” of these plans, including counseling employees, handling records, enrolling/terminating/cancelling employees in specified plans on a timely basis, etc. This endorsement is usually added to the general liability policy but may also be provided by a fiduciary liability policy.
- Earthquake Sprinkler Leakage (For CA & other earthquake regions): Earthquake is an excluded peril on a standard property insurance policy and your fire sprinklers bursting as a result of an earthquake and discharging water all over your property is not covered either. However, by adding an Earthquake Sprinkler Leakage endorsement to your property policy, you would be covered for the water damage caused by bursting sprinklers from an earthquake. This is never more than a few hundred dollars to add.
- Sewer Drain & Backup: Fall and spring tend to be the wettest seasons of the year, making buildings and homes most susceptible to the backup of sewer or drain lines. These events don’t occur often, but when they do, it can become a small disaster. A standard property insurance policy excludes coverage for such an event. The backup of sewer and drains as well as the failure of a sump pump is also excluded on a standard property policy. The damage you sustain from either of these problems will not be covered and you’ll be responsible to pay for the loss and the clean up. You shouldn’t go without this coverage endorsement.
To reiterate, it’s never more than a few hundred dollars annually to add any of these endorsements to your existing property or general liability insurance policies. In fact, it’s usually less than $100 in many cases for small businesses. With the amount of coverage provided by adding them, this is pocket change! Be sure to review your policies today to see if you carry these endorsements on your current policies.
–JK
Florida Man Sues Bar For Not Halting His Drinks
In a story reported last month, a 73-year-old Florida man got a ticket from police after he was hit by a car while riding his scooter home from a bar. Now, he claims the bar is to blame for selling him too many drinks, and he wants the bar to pay.
John Wasko of Manatee, FL filed a lawsuit against The Oasis Bar, saying the bar should have stopped giving him drinks. He’s seeking more than $15,000 in compensation. Ironically, Wasko was not booked for a DUI, but was ticketed for riding in front of a vehicle. Rough night! This happened in January, but Wasko waited 9 months to file suit.
After the accident, Wasko was taken to the hospital with non-life-threatening injuries, but he blamed the injuries on the bar’s failure to know when to stop selling him drinks. His lawsuit claims the servers were not trained well enough to know his condition and when to stop selling him drinks.
What does this have to do with insurance?
Businesses that sell and serve liquor need liquor liability insurance for alcohol related claims. A general liability insurance policy does not provide coverage for these scenarios. Liquor liability insurance is a form of commercial insurance that protects businesses against loss or damages claimed as a result of a patron becoming intoxicated and injuring themselves or others. It provides coverage for bodily injury or property damage resulting from:
- Causing or contributing to the intoxication of any person;
- Furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
- Violating any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages
Liquor liability insurance coverage will reimburse your company against the costs of defending a lawsuit in court, even if a claim is groundless or fraudulent.
This story is just a random example of a liquor liability claim. As you can imagine, they happen all the time because people generally make dumb decisions when they’re drinking. Funny thing is they rarely seem to think they’re fault when they get into trouble. Make sure you are covered adequately if someone blames you for over-serving them!
–JK
Lessons Learned – Week of October 10, 2010
“Once you lock it, you’re okay…”
Commercial Property Insurance – What Insurance Carriers Review Before Writing Coverage
Commercial property insurance is a “first party” coverage designed to protect the assets of a building owner. In simple terms, commercial property insurance protects buildings and contents for losses such as fire, smoke, vandalism, sprinkler leakage, collapse, theft, etc.
If you are a commercial building owner applying for commercial property insurance, carriers look at various physical characteristics of your building when underwriting. They use the “COPE” method which is an acronym that stands for four property risk characteristics:
- Construction (e.g., frame, brick, masonry, etc.)
- Occupancy (how the building is being used)
- Protection (e.g., quality of the responding fire department, adequacy of water pressure and water supply in the community, the presence or absence of smoke alarms, burglar alarms, etc.)
- Exposure (risks of loss posed by neighboring property or the surrounding area, taking into consideration what is located near the property, such as an office building, a subdivision, or a fireworks factory).
Construction type is a major component in property pricing. If construction type is incorrectly identified, the premium pricing will either be too high or too low.
Occupancy is very important to an underwriter because it helps determine the combustibility of a particular building. Each time the occupancy of a building changes, it presents a different underwriting situation and will need to be re-evaluated by an underwriter. Also, common hazards such as the plumbing, heating, roofing, and electrical systems are important factors. Underwriters will want to know when these were last updated or inspected if over 30 years of age.
In addition to evaluating the actual building and contents to be insured, insurance carriers will look at the exposures and occupancies surrounding the building to be insured. An acceptable risk may be affected by the proximity or conditions of exposing properties.
Finally, public fire protection is a key underwriting consideration, as it is the most essential element in controlling a fire once it has started and gained headway.
The pictures below are an example of a commercial building which insurance carriers desire to insure. It is well maintained, has a low-risk tenant, in a nice industrial area, with low-risk neighboring businesses (i.e. – no dynamite manufacturers next door or anything comparable).
When possible, I prefer to visit buildings first hand before sending to insurance carriers for quotes. This way, I know the exposures when discussing with underwriters.
–JK
Insuring An Industrial Chemical Manufacturing Business
Today I visited a client to do an annual review of their insurance program which we handle here at our firm. This is not your everyday business when you consider their operations. This is an industrial chemical blending manufacturer which produces chemicals used in a variety of industries. From solutions used in everyday household cleaning products, to compounds used to preserve metals through oxidation, their insurance demands are unique compared to most businesses. Here are some of the pictures I took during my visit:
Some of the coverages which apply to their operations are:
- Property Insurance (Building & Contents)
- Business Income & Extra Expense Coverage
- Workers Compensation Insurance
- Earthquake Insurance
- Commercial Auto Insurance
- Commercial General Liability (Including product liability)
- Employee Benefits Liability
- Pollution Legal Liability Insurance
- Excess Liability/ Umbrella Insurance
- Employment Practices Liability Insurance
- Group Health Insurance
Every business has unique exposures, so insurance policies need to be written specific to the demands of each and every business. Insurance is not one size fits all by any means!
–JK
Lessons Learned – Week of October 3, 2010
America needs piano stairs….. everywhere. Those capable of using stairways should utilize them more often, even those without piano keys.
One-Armed Man Wins Discrimination Lawsuit Against Taxi Company
From the Las Vegas Review-Journal:
A one-armed man who was rejected as an applicant for a taxi driving job won a $30,000 settlement from Vegas Western Cab Co., the Equal Employment Opportunity Commission said Thursday.
The EEOC said it reached a settlement with the taxi company in the lawsuit it filed on behalf of Joel Walden, a single-arm amputee.
When he applied for job as a taxi driver in 2006, Walden met all the requirements in the taxi job announcement, was experienced as a driver and had a clean driving record, the commission said. However, the taxi company refused to hire Walden because of his disability, the EEOC said.
What does this have to do with me?
Business owners, you’re not immune to these types of claims. Employment Practices Liability Insurance (EPLI) is needed by any business with employees and those which begin to hire employees. It used to be that EPL claims were limited to major corporations. This is no longer the case. In today’s litigious climate, employers of all sizes are vulnerable. According to EEOC data, 41% of all EPLI claims are brought against small employers with 15 to 100 employees.
Employment Practices Liability insurance insures against claims of wrongful termination, failure to hire, failure to promote, various types of discrimination, as well as sexual harassment.
These policies will reimburse your company against the costs of defending a lawsuit in court, even if a claim is groundless or fraudulent. They will also compensate for judgments and settlements. It doesn’t matter whether your company wins or loses the suit. Policies typically do not pay for punitive damages or civil or criminal fines, however.
The cost of coverage depends on your type of business, the number of employees you have, and various risk factors such as prior claims or loss history. Your insurance agent can provide a quote with very minimal information, often right on the spot.
–JK
What Is A Claims Made Insurance Policy?
Two different methods are used by insurance companies to determine coverage when writing liability insurance:
- “claims made” policies
- “occurrence” policy
Most often, commercial general liability insurance is written on an occurrence basis while employee benefits liability, professional liability and employment practices liability insurance will be written on a claims-made coverage form.
On an “occurrence” policy, the coverage trigger is the date of the event or accident giving rise to a claim. The policy in force on the date of the event causing the loss must respond with both defense and/or indemnity. Even if a claim arises years after a policy has expired, the date you receive notice of the claim doesn’t matter. Occurrence policies do not provide coverage for prior acts. They do remain available for claims that arise years after a policy term has expired, however. If an accident or event occurs during the term of an occurrence policy, that policy must respond to any future claim.
As for claims-made policies, coverage is triggered by the date you first became aware and notify the insurance carrier of a claim or potential claim. The carrier’s policy in force on the date you became aware and give notice is the insurer who must defend and settle the claim. A claims-made policy may reach back in time and provide coverage for claims made today from negligent acts, errors or omissions that occurred years before the policy was purchased.
The following conditions must be met before prior acts coverage is granted:
- You must receive notification of a claim or potential claim situation during the policy period.
- The claim or potential claim situation must be reported to the insurer during the policy period.
- The negligent act, error or omission giving rise to the claim must occur after a “prior acts” or “retroactive” date listed in the policy declarations.
- You or your firm had no prior knowledge of a mistake, error or controversy on the date coverage was purchased.
The “prior acts” or “retroactive” date is a crucial piece in a claims-made policy. Your policy declarations page will clearly identify a “retroactive” date that determines how far back prior acts coverage extends. Claims resulting from services rendered before the “retroactive” date are not covered.
Think before you decide to cancel or non-renew your claims made liability policy
If you decide to cancel or not renew your claims-made policy, you must consider purchasing an Extended Reporting Period or “TAIL” coverage to insure you for incidents which occurred while the policy was in force but was reported after the policy was cancelled. For example:
If you purchased a claims-made policy with an effective date of January 1, 2010 and chose to cancel or let the policy lapse without TAIL coverage or an Extended Reporting Period — any claims made after December 31, 2010 would not be covered. If you were sued in 2012 for a wrongful act committed in 2010 (during which time you were covered), the insurance company would not be responsible for paying any claim. An Extended Reporting Period Endorsement (TAIL) “extends your right to report a claim” to your prior insurance company after the policy has ended, canceled or lapsed.
As I often note, make sure your insurance agent is knowledgeable and experienced with claims made insurance forms. It gets complicated. Also, note that I am writing this from an insurance perspective; only to be used for informational purposes! My intent isn’t to provide legal advice here. That’s what lawyers are for…
–JK
About Me
I grew up in Fullerton, CA and graduated from Servite High School in Anaheim. I have my Bachelors degree from Loyola Marymount University in Los Angeles. I currently live in Tustin, CA.
Please contact me if you need help with any of the following lines of insurance for your business:
-Cyber / Data Breach
-Commercial Property
-Commercial General Liability
-Products Liability
-Workers Compensation
-Commercial Auto
-Umbrella/Excess Liability
-Errors & Omissions/ Professional Liability
-Employment Practices Liability
-Directors & Officers
-Life & Disability Insurance
Jimmy Kinmartin, CPCU 