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robintek

EDITOR’S COLUMN: ON BEING STUPID

By Your Employee Matters

The college football world was rocked at the beginning of this season by the possibility that its shining star, Johnny Football” Manziel, last year’s freshman Heisman trophy winner, might have to sit out the season because he violated NCAA guidelines by selling his autograph. Luckily for everyone, the issue has gone away – at least for now. Although one can debate all day long whether college athletes should be able to sell their autographs, the rules currently prohibit them from doing so. I’m sure Mr. Manziel knew this, but it appears he went for it anyway. In the process, he came across as both arrogant and somehow above it all. (Because he comes from a well off family, money is not an issue).

What Mr. Manziel did not consider was the probable effect of his actions on the involved stakeholders: his team, school, the conference, television networks, fans, family, etc. Unfortunately, I’ve seen the same thing happen in the workplace all too often. Whether you call it hubris, stealth, harassment or some other name, these “bad actors” seldom consider the impact of their misconduct on the stakeholders –coworkers, managers, the company’s bottom line, and their own family members – and they can be some of your top performers, too! In today’s high-tech world, nobody can hide from scrutiny. The idea of getting away with something is rapidly fading away. One stupid statement, a thoughtless social media post, or a single questionable act can ruin a career or brand in an instant. There will always be executives and employees who try to skirt the rules. You must be clear about what you stand for and to what degree you will enforce your standards, no matter who the culprit might be.

To help deal with potential bad actors, I’d recommend that you:

  • Hire for character, not just for skills.
  • Find out about any questionable acts in peoples’ pasts.
  • Put them through ethical scenarios and see how they respond.
  • Monitor their conduct where practical.
  • Don’t tempt people unnecessarily.
  • Never trust blindly – keep checks and balances in place.
  • Engage in swift damage control.

DEBRIS REMOVAL INSURANCE: PICKING UP THE PIECES

By Business Protection Bulletin

If a windstorm, fire, or other catastrophe ravages your building, property insurance will pay for repair and rebuilding, up to the amount of coverage. But what about the cost of clearing and disposing of debris before reconstruction begins?

Your property policy provides a percentage of total coverage, often 25% of the direct loss plus 25% of the deductible,– for removing debris after a covered loss. For example, with a loss of $100,000 and a $2,000 deductible, the removal payment would come to $25,500: 25% of $51,000. If this doesn’t cover the cost, or the amount of the loss plus debris removal is higher than your coverage, the policy will pay another $10,000 per occurrence to dispose of debris. If you need additional coverage, some insurance companies will provide it through a policy endorsement, free, or for a nominal premium surcharge.Depending on the cause of loss and the degree of damage, these costs can be significant. For example, a fire might consume much of the debris, making removal largely a clean-up expense. On the other hand, if a hurricane or tornado caused the same amount of damage, clean-up might mean locating and cleaning up debris that the storm carried away from the site as well as clearing rubble from the location itself. What’s more, disposal of hazardous materials (such as asbestos tiles and chemicals) will be far more complex,– and costly,– than simply using a backhoe and dump trucks to haul the stuff off to the nearest landfill.

To learn more about this valuable coverage, just contact our agency. As always, we’re here to help you protect your business.

INTERNAL FRAUD: FIGHT BACK!

By Business Protection Bulletin

An industry seminar on fraud risk, prevention and response, found 778 internal fraud cases in 2012 (more than two a day!). These scams included fake billing, corruption, and expense reimbursement.

Although the companies affected suffered minimal losses in more than half of these cases, their headaches came from private civil claims, potential government investigations, criminal prosecutions, and bad publicity.

Fraud can be uncovered by everything from employee tip-offs and management reviews to internal audits and even “gut” feelings by an experienced observer.

If you’ve been scammed from the inside, start with a prompt and thorough internal –investigation. Gather the facts, preserve evidence, assess legal repercussions, and take corrective action – before an outside authority does. (Being the first to report the incident to the government can take the sting out of an official probe).

To correct the situation you should: 1) make amends to the victims; 2) revamp corporate-compliance programs and 3) strengthen internal controls. Make sure that these actions are tangible and specific.

Consider offering substantial financial incentives to employees who might suspect that something fishy is going on, but may not want to get involved.

Lastly, , insurance can help protect your business from the loss of money, securities, and inventory resulting from employee dishonesty. For example, Fidelity and Crime coverage usually includes property theft, losses due to forgery, and electronic wire transfer fraud.

Your insurance program should include a cyber policy. A recent court decision expands coverage of cyber losses under fidelity bonds. Damian Brew, managing director of Marsh’s FINPRO practice warns, “Having insurance coverage without cyber insurance is like playing hockey without a goalie.”

Our business insurance professionals would be happy to review your internal fraud-control program. Just give us a call.

CREATING AN APP? FOLLOW THESE GUIDELINES

By Business Protection Bulletin

The global market for mobile application technology should top $25 billion by 2015. If you’d like to get a piece of this action by developing and marketing an app, experts recommend that you take these steps:

  1. Follow the rules. Starting any business requires following a series of steps (from registration to hiring employees). These 10 Steps to Starting a Business will help you check all the necessary boxes.
  2. Expect to be monitored. Apps come under intense scrutiny. Negative reviews from consumers and experts, complaints, and horror stories can be fatal. Although regulation of the mobile market is in its infancy, online apps fall under the scrutiny of truth-in-advertising and data privacy laws regulated by the Federal Trade Commission’s (FTC) Bureau of Consumer Protection.
  3. Disclose all charges up front. Developing a custom app can be costly. If you try to recoup some of this investment by charging users, state these fees clearly and completely. Full disclosure is essential if children will use your app. If parents learn their child has racked-up unauthorized fees because your policy wasn’t clear, you’ll face a customer relations nightmare.
  4. Develop and communicate your privacy policy. The Future of Privacy Forum Application Developer Responsible Data Use Project found that 22 of the 30 top apps lacked any such policy. Many privacy policy generators available online give app developers options for customizing their policies. If your target market includes children, check the Children’s Online Privacy Protection Act, which governs information that online businesses (and mobile apps) collect about children 13 years or younger.
  5. Consult a lawyer. Because every app start-up is unique, get advice from an attorney who specializes in privacy and consumer protection law.

Good luck!

HO, HO, HO, HOST LIQUOR LIABILITY

By Business Protection Bulletin

The holidays are almost upon us and alcohol will be flowing at company parties throughout the land. Beware! If an employee or guest gets inebriated at a social function sponsored by your business and then injures another person, you could be held liable.

Consider this scenario: After polishing off four eggnogs in an hour at the company’s Christmas party, one of your workers toddles off to his car. The employee almost makes it home when he runs a red light and T-bones a car. The car is damaged and injures the driver. The driver then sues your business for negligence in allowing the employee to drive home although he was clearly “under the influence” at the company party.

What’s more, under state and local “social host” laws, your business might face a fine or even imprisonment for continuing to serve alcohol to an adult who is legally drunk.

Under your comprehensive general liability policy is a clause for host liquor liability. The insurance company will pick up the tab for property damage and bodily injuries, up to “each occurrence” or “general aggregate” limits for the CGL. This coverage will also pay for court costs, legal fees, and other expenses – and these payments will not apply to the limits.

Be sure not to confuse host liquor liability insurance with Liquor Liability coverage, which protects businesses that manufacture, serve, or sell alcoholic beverages (such as liquor stores, bars, and taverns) against claims for injuries caused by intoxicated customers. If you’re in one of these businesses, you’ll need both types of policy.

To learn more, feel free to get in touch with our agency at any time.

THE ABC’s OF KEY PERSON INSURANCE

By Construction Insurance Bulletin

Key personnel tend to be one to two people that your company heavily relies on. These employees can be anyone from a partner to an operations manager or a site foreman. The contribution of these key personnel is essential to run your company. If one of the key personnel dies, where would you find the financial resources to keep your business up and running until you replace them?

The answer is a key person life insurance policy, which your business will receive all or most of the proceeds. This term may also apply to other coverages used for business continuation purposes, including 1) buy-sell or shareholder insurance which will reimburse partners or investors; 2) debt protection; 3) and revenue protection. You can use the policy benefit to replace lost income due to the unavailability of the key person and 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 could also split the premium and death benefit between the firm and the spouse of the key person to ensure that she or he receives replacement for the person’s economic value to the family. These premiums are not tax deductible.

What’s more, this coverage provides a financial asset that enhances the creditworthiness of your company for commercial lending (by ensuring that the business will remain in business if the key person is out of the picture).

When reviewing packages, get quotes on different amounts,anywhere from $100,000 to $500,000. Take into account what your budget allows versus how much the business would need to survive while you’re bringing a new person up to speed.

Our agency stands ready to advise you at any time.

THE CONSTRUCTION SUPERVISOR: FROM MANAGER TO LEADER

By Construction Insurance Bulletin

Your supervisors play a crucial role in managing your workforce to ensure high productivity, quality, and safety outcomes. They need to have performance management (leadership) skills.

Communicating productivity expectations to employees, including coaching and counseling them to meet these goals, learning how to balance the need for production and concern for workers.

There are four possible scenarios in this balance:

  1. Low concern for both the workforce and productivity (“minimal management”). This will displease both management and workers, meaning the supervisor won’t be around long.
  2. High concern for people, but little interest in production (“Country Club management”). This will please workers, while making management unhappy.
  3. High concern for productivity, with little regard for the workforce (“autocratic management”). Although the company might meet its short-term goals, workers will be dissatisfied, leading to turnover and absenteeism issues that will make it tough to meet long-term production.
  4. A balanced high concern for both productivity and workers (“team management”). This is the best scenario because the project will probably exceed productivity goals, due to an involved and engaged workforce.

Good supervisors need management skills, but great supervisors must also have leadership skills. Managers do things right, while leaders do the right things. Managers get workers to achieve productivity goals, while leaders get them to exceed these goals.

The “situational” leadership approach gets the best results by combining elements of other leadership styles, “autocratic,” “democratic,” and “participatory.” To lead effectively, your supervisors must demonstrate integrity, fairness and a respect towards all workers, based on understanding immediate needs of the employees.

How well do your supervisors meet this test?

COLD WEATHER CHECKLIST—BE PREPARED!

By Construction Insurance Bulletin

Cold weather will be with us for a few months which can cause a variety of problems for contractors and their employees who work outdoors in winter weather.

To help your workers stay warm and safe on the job, follow these precautions:

  • Make sure that they keep their body temperature at or about normal by wearing layers of clothing, both inside and outdoors.
  • Provide proper rain gear, gloves, good waterproof boots, and an extra pair of clean, dry socks.
  • Have workers protect their neck and ears; they can lose a lot of heat from these areas.
  • Treat frostbite properly. The most important symptom is a numbing effect, which many workers tend to ignore. Other symptoms can include red skin turning to white, poor blood circulation, and blisters. To provide first aid: 1) never rub the frozen part in snow or immerse it in hot water (you can use warm water); 2) cover the affected area with extra clothing or a blanket; 3) get the worker out of the cold; 4) apply loose fitting, sterile dressings and splint and elevate affected extremities if possible; and 5) seek immediate medical attention.
  • Make sure that portable heaters are maintained and inspected on a regular basis. Defective ventilation and incomplete burning of fuel can lead to carbon monoxide poisoning. Locate fuel containers, regulators, piping, and hoses and secure them in sites where they won’t be subject to damage. Protect the valves from damage also.

Remember, the more effectively you help your employees stay warm and safe on the job, the higher their productivity,– and the lower your insurance premiums.

For more information, please feel free to get in touch with our agency’s Construction insurance specialists at any time.

BEWARE OF NEGLIGENT SUPERVISION CLAIMS

By Construction Insurance Bulletin

As kids, we learn that there are two ways to get in trouble: doing stuff we shouldn’t (giving the dog a haircut) or not doing things we should (letting Fido go hungry).

As a contractor, you can get into serious trouble for not doing something,– under a legal doctrine called “negligent supervision.” For example, if one of your employees injures another person by driving a car recklessly while on company business, you might face a negligent supervision lawsuit alleging that you failed to uncover or ignored the driver’s bad record behind the wheel.

To minimize this risk, experts recommend that you:

Understand your exposure to potential negligence. Although it’s an exaggeration to say that anything you do (or don’t do) might be seen as negligent, certain situations demand particular care Promoting or certifying unqualified employees, failing to fire or discipline them for potentially dangerous behavior, or terminating them without an effective investigation.

Never make assumptions about employees. Just because workers volunteer for additional responsibilities for which they might be unqualified (out of boredom, a wish to please, or to earn a higher wage) doesn’t mean they can actually do the work. Check the employees petitions before assigning the work.

Don’t ignore or minimize signs that employees pose a potential danger to themselves or others. After the tragic shootings at the Washington Navy Yard, the media was filled with evidence of the shooter’s troubling behavior that the authorities evidently ignored. If you’re concerned about an employee’s actions, investigate, inquire, and consult with experts, including the police. It’s better to be safe than sorry!

We’d be happy to review your exposure to negligent supervision claims and how liability insurance can protect you against these allegations.

MANY CANCER SURVIVORS CAN AFFORD LIFE INSURANCE

By Life and Health

Not that long ago a diagnosis of cancer often meant a death sentence. Fortunately, rapid advances in early detection and treatment during the past three decades have led to a dramatic rise in the odds of surviving the disease. The result: it’s easier than ever for cancer survivors to find life insurance at an affordable rate.

If you have survived cancer, the first step in buying coverage will be to provide the insurance company with your comprehensive medical records. Any attempt to fudge these records could lead to cancellation or denial of some or all of benefits.

Most policies will require you to complete an extensive health questionnaire and provide blood and urine specimens. However, some insurance companies will waive these steps in return for offering more limited coverage at a higher premium.

Generally, to purchase life insurance, a survivor must be in good health, with the malignancy cured or in remission, and no history of treatment for three months to as much as five years (depending on the nature of the cancer. A survivor who has been in complete remission for at least five years might be able to obtain life coverage at a reasonable rate.

Insurance companies are most likely to cover survivors of early breast cancer (Stage 1), prostate cancer, and conditions that are caught and cured early. Those in whom the disease is more advanced (Stage 2 or higher), have suffered a recurrence or multiple malignancies, whose cancer has metastasized, or who use tobacco products will find it more difficult, or pay a hefty surcharge, to buy a life policy.

For more information, just give us a call.