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PERSONAL INJURY, BODILY INJURY: WHAT’S THE DIFFERENCE?

By Business Protection Bulletin

“Sticks and stones may break my bones, but words will never hurt me.” Unfortunately, this saying does not hold true for your firm.

Sad to say, in today’s “litigation society,” it seems that just about any business (including yours) can be sued for any number of reasons. Consider these scenarios:

  • A computer error results in the release of sensitive information about a key client.
  • An overzealous employee sends a LinkedIn message criticizing a competitor.
  • A security guard detains a visitor that he suspects of theft.

Each of these incidents could easily lead to six-figure litigation; and, even if you won, you’d have to deal with the time, hassle, and expense of defending the suit – as well as the potentially significant indirect costs from negative publicity.

Not to worry. Personal Injury Liability insurance will pay for any judgment, up to the amount of the policy, against your business for non-physical harm to a third party from a wide variety of causes: libel, slander, defamation of character, false arrest, malicious prosecution, wrongful eviction, or violation of privacy. (This “peace of mind” coverage is distinct from another essential policy, Bodily Injury Liability, which covers allegations of physical damage).

Bear in mind that Personal Injury Liability has a far different definition in insuring your home and auto. Under a Homeowners policy, it covers physical harm to people injured on your property or as a result of your actions. Auto Liability insurance includes two coverages –Bodily Injury and Property Damage – that, together, are known as Personal Injury Liability or Personal Insurance Protection (PIP).

Our Business insurance specialists stand ready to recommend a Personal Injury policy that provides the coverage you need, at a price you can afford. Give us a call.

THE ABCS OF KEY-PERSON INSURANCE

By Business Protection Bulletin

The chances are that your company relies heavily on one or two people – such as a partner, operations manager, or foreperson – whose knowledge, expertise, or overall contributions are essential. If death put this person out of the picture, where would you find the financial resources to keep you up and running?

The answer: a Key Person Life Insurance policy under which your company receives all or most of the proceeds. This term can also apply to other coverages used for business continuation purposes, including: 1) Buy-Sell or Shareholder Insurance, to reimburse partners or investors; 2) Debt Protection; and 3) Revenue Protection. You can use the funds to replace lost income due to the unavailability of the key person and to recruit, develop, and train a replacement.

The policy’s cash value might be available to your business through a withdrawal or loan, if needed. You can also split the premium and death benefit between the firm and the spouse or partner of the key person to ensure that she or he receives replacement for the person’s economic value to the family (However, these premiums are not tax deductible).

What’s more, Key Person coverage provides a financial asset that enhances the creditworthiness of your company for commercial lending, by ensuring that the business will stay up and running if the key person is out of the picture.

The amount of coverage you need will vary – say, from $100,000 to $500,000 – taking into account what your budget allows versus how much the business would need to survive while you’re bringing a replacement up to speed.

As always, our agency stands ready to advise you at any time.

CONSTRUCTION FIRMS SEE LINK BETWEEN SAFETY, EMPLOYEE WELLNESS

By Construction Insurance Bulletin

More construction companies are stressing the relationship between workplace safety and employee wellness initiatives, Says Rik Kunnath, executive chairman of Pankow Management Inc. (San Francisco), “Among a lot of companies, there’s a growing awareness that for workplace safety programs to really affect behaviors, there needs to be a culture of deep concern for the well-being of employees.

Unfortunately, Pankow came to this awareness only after several on-site fatalities in the early 1980s forced the company to re-evaluate its workplace safety priorities. According to Kunnath, “That led to some soul searching as to whether we were really doing all that we could to work safely, and whether our drive towards high rates of production were overwhelming the safety message. It’s unfortunate, but sometimes having a deep personal commitment to safety is triggered by an accident or an incident.”

Over time, Pankow’s commitment to protecting its workers has expanded to include a far broader view of their overall health, and the role of workplace wellness programs in reducing on-site injuries. “In the beginning”, notes Kunnath,” there was some concern that by taking this view of our values, our safety programs could get watered down as they compete with other wellness initiatives, but if anything, the opposite has occurred.

“Everyone knows that nothing we do as an industry has a higher potential for injury than field operations, and that always has to be our most important focus,” he adds. “It’s just that it’s a lot easier for employees to accept your safety message when everything else you do in your interactions with them says that your concern for their well-being is real.”

Words of wisdom.

WORKER SAFETY ESSENTIAL AS CONSTRUCTION INDUSTRY REBOUNDS

By Construction Insurance Bulletin

A resurgent construction industry needs to do a better job of keeping workers safe. That’s the bottom line of a recent report by Marsh Risk Consulting.

Based on data from the U.S. Bureau of Labor Statistics, the study, “Building Safety and Leadership in the Construction Industry,” notes that the industry’s 2012 fatality rate increased to 9.5 per 100,000 workers from 9.1 per 100,000 in 2011. The 775 construction-sector deaths in 2012 marks the first annual increase in work-related fatalities since 2006.

According to Marsh, fatalities will probably continue to rise without concerted industry-wide safety improvements, as an ongoing shortage of experienced construction workers leads to widespread promotion of unskilled workers into supervisory roles. “The increase in new construction activity is bringing an influx of new, inexperienced workers,” states the report. “In this environment, some contractors are stretching their hiring standards to meet project demands.”

Marsh recommends that construction firms focus on training management to ensure effective leadership and help build a culture of safety throughout their organizations.

“As the economy grows and the number of new construction projects picks up, now is not the time to be lax on safety,” warns John Moore, a construction safety specialist in Marsh’s workforce strategies practice. “Inadequate safety performance can lead to employee turnover and legal, financial and reputational risks. Investing in high-quality leadership will go a long way toward retaining valued workers and maintaining a safe work environment.”

The more you do to keep your workers, safe, the better for all concerned– and the lower your insurance costs. We stand ready to offer our advice on developing, implementing, and enforcing workplace safety standards. Just give us a call.

ROAD-TEST EMPLOYEES, AS WELL AS VEHICLES

By Construction Insurance Bulletin

Chances are that you’d never buy a new truck or front-end loader without trying it out to make sure it could do the job. Do you do the same for the vehicle’s operators?

Safety experts recommend that any employee who will be driving a truck should receive a road test of his or her driving skills before being hired. The examiner should be fully qualified to operate the vehicle, and familiar with the prospective operator’s past experience. The test should include all the necessary skills:

  • use of all controls; traffic operations (including backing, parking, slowing, stopping, passing, and turning)
  • general driving habits, such as alertness, stamina, and patience
  • driving rules and regulations pertaining to the vehicle
  • handling the necessary actions/equipment for loading and unloading the vehicle

For each skill or knowledge area, the applicant should receive a pass/fail grade. Each area of weakness should lead to further training or a corresponding limitation in the scope of the operator’s approved activities. Keep records and scores of these tests as documentation in the event of an accident or claim resulting from a driver’s actions.

For more suggestions on the format or content of driver exams, contact your trade association, state department of motor vehicles. Don’t forget the benefits of a solid driver training and testing program in keeping your Commercial Auto insurance rates under control.

Your drivers are taking your vehicles and your insurance coverage on the road every time they get behind the wheel. Wouldn’t it be a good idea to make sure that they’re capable of protecting both?

For more information, feel free to get in touch with or one of our agency’s risk management professionals.

NEW TECHNOLOGIES HELP CONTRACTORS MANAGE RISK

By Construction Insurance Bulletin

More and more construction contractors are using mobile and Web-based software solutions to qualify subcontractors, keep workers safe, and manage their vehicles and equipment.

For example, Weitz Co. (Des Moines, IA) uses a centralized electronic project bid and prequalification submission database for its subcontractors that has significantly reduced the labor and time needed to process submissions. Says Vice President of Risk Management Maria Matamoros, “We’re already seeing enhanced consistency in our pre-qualifications, and it’s helping us generate a high-quality subcontractor pool.”

Hoar Construction (Birmingham, AL) has a Web-based portal through which managers use their company-issued iPads to file state and federal inspection site inspection forms and access subcontractor evaluation reports, as well as a digital library of safety manuals and tutorials, “More importantly, it has allowed us to keep our superintendents and our project managers in the field,” according to Hoar Corporate Safety Director Bart Wilder, “which gives them more time to evaluate and find ways of mitigating risk.”

Goodfellow Brothers Inc. (Kihei, HI) upgraded its fleet with wireless handheld transmitters that operators use to submit daily inspection reports on their vehicles. During the two years since the upgrade, the company slashed its Auto Liability losses by more than 70%.

However, contractors need to make sure that new risk management technologies are compatible with their operations and workforce. “One size certainly does not fit all,” warns the Weitz Co.’s Matamoros. Goodfellow President Chad Goodfellow describes the new system as “a challenge for some of our people and for our management, because we want to demonstrate that we do trust our employees, but at the same time, we have to trust and verify.”

To learn more, please give us a call.

WELLNESS TIPS FOR FLU PREVENTION

By Life and Health

We’re in the depths of flu season – which makes it more important than ever for you and your family to stay as healthy as possible.

Although your first step should be to get immunized for influenza, you should also focus on keeping your immune system strong. Dr. Bruce Underwood, a certified nutrition and preventive care specialist with Healthy Futures, Inc., recommends these “best practices” for maintaining wellness:

  • Get enough rest. To keep your immune system as robust as possible, experts recommend six to eight hours a night of sound sleep.
  • Exercise regularly, but don’t overdo it. The Surgeon General urges adults to walk at least 10,000 steps, or about four miles a day. However, Underwood notes that both lack of exercise and over-exercising can weaken the immune system – so exercise common sense.
  • Make sure you get the right amount of essential nutrients. These include: 1) about 1,000 milligrams a day of vitamin C (from fruits vegetables, and certain cuts of meat) to counteract such toxins as cigarette smoke and air pollution, and the physical and psychological effects of stress; 2) 10 to 40 milligrams a day of zinc (from meats, seafood, dairy products, nuts, legumes, and whole grains) can help maintain a healthy immune system, however, taking more than 100 milligrams a day can lead to fever, fatigue, and other problems; and 3) 440 milligrams a day of fatty acids, especially omega-three acids of the EPA and DPH types (from fish, fish oil, and flax) for overall health, according to the International Society for the Study of Fatty Acids and Lipids.

An ounce of prevention!

UNCLE SAM BEEFS UP MENTAL HEALTH, ADDICTION COVERAGE

By Life and Health

New federal regulations under the Affordable Health Care Act (ACA) require insurance companies and health care providers to treat mental illness and addiction in the same way as physical ailments. That’s good news for everyone with health insurance.

The ACA prohibits denying coverage or charging higher premiums to due pre-existing conditions, which include mental illness, while expanding coverage for screening and behavioral assessments and eliminating co-payments or out-of-pocket fees.

The rules beef up the Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008 by closing loopholes and setting implementation guidelines– an advance that Secretary of Health and Human Services (HHS) Kathleen Sebelius calls “the largest expansion of behavioral health coverage in a generation.” Under the regulations, mental health benefits must match those for medical and surgical treatment, including copayments, deductibles, number of visits to providers, residential treatment, and outpatient services.

The regulations could affect 62 million people, including 23 million substance abuse addicts. Administration officials called the new rules a response to the need to help the mentally ill get help before they commit such violent acts as the massacres in Aurora, DO and Newtown, CT.

Cynthia Moreno Tuohy, Executive Director of the National Association of Alcoholism and Drug Abuse Counselors, and American Psychiatric Association President Jeffrey Lieberman praise the rules for providing expanded care.

“Health plans have supported MHPAEA and worked to implement these requirements in a manner that’s affordable, safe and effective,” adds Karen Ignagni, President of America’s Health Insurance Plans, a trade group of health insurance companies. “The new regulations enable patients with mental and behavioral health conditions to keep benefitting from the innovative programs and services that health plans have pioneered.”

To learn more about how these rules will apply to your health insurance, feel free to get in touch with us.

DON’T STICK YOUR LOVED ONES WITH STUDENT DEBT

By Life and Health

College students are graduating deeper in debt than ever, as tuition and fees keep escalating while family incomes stagnate. The average student debt jumped to nearly $30,000 for the Class of 2012, compared to $26,000 in 2011, according to the Project on Student Debt at The Institute for College Access and Success. Average student loans in 2012 were even higher for newly minted physicians ($167,000), veterinarians ($152,000), and attorneys ($125,000).

If you’re a young professional with debts on this scale, you might well find it difficult to pay off these loans during the early years of your career, before you earn enough to build up savings. If you died before paying your loans, who would be responsible for the balance? Although federally financed student debts are forgiven in case of the borrower’s death, the burden of payment for a private loan would fall on your family or the guarantor (co-signer) of the loan – most likely your parents.

Not to worry. A term life insurance policy can cover this risk, so your loved ones won’t take a financial hit when they’re already reeling from grief. The policy will cover you for a fixed period, such as 10, 15, 20 or 30 years. You can either buy coverage for as long as the loans are likely to be paid off, or have a co-signer (for example, your mother) purchase a policy on your life, with herself as the beneficiary.

You can obtain this financial peace of mind for pennies a day. A 20-year, $250,000 term life policy for a healthy 30-year-old costs only about $150 a year, according to LIMRA, a life insurance trade group.

For more information, just give us a call. We’re always here to help.

LIFE INSURANCE AND CHRONIC ILLNESS: REALITY CHECK

By Life and Health

Just because you have a pre-existing medical condition doesn’t mean you can’t afford life insurance.

A nationwide survey by Genworth Financial concluded that many Americans fail to buy life coverage because they have a chronic illness that they believe will make insurance unaffordable. The study of 24,000 adults found that between 39% and 54% of those aged 18 and 64 with common, self-reported pre-existing conditions don’t have a life policy. (Overall, more than 118 million American adults went without life insurance in 2012, continuing a trend of fewer people buying less coverage).

However, recent advances in medicine and wellness care are making it easier for people to manage chronic conditions. At the same time, the insurance industry is using more sophisticated underwriting practices to provide preferred rates to people with less-than-perfect health, allowing companies to balance the need the need to price policies competitively with their ability to pay claims.

“We need to redefine the word ‘healthy’ in the context of life insurance eligibility,” says Janet Deskins, Genworth Senior Vice President for Product Development. “For adults with conditions such as anxiety, asthma, depression, high cholesterol, and sleep apnea, life insurance can still be an affordable part of their overall financial plan, especially if they’re actively taking steps to manage their condition.”

Eric Tyson, author of Let’s Get Real About Money and Personal Finance for Dummies, points out that not all insurance companies gauge risk the same way; “Some companies have a better understanding of certain medical conditions. You may be able to get much better rate that you expect. The key is managing your condition well.”

Even if you’re not in the best of health, the professionals at our agency would be happy to help you find quality life insurance coverage at an affordable rate.