INSURANCE NEWS AFFECTING YOUR BUSINESS POLICY COVERAGE

 

Tool Box Safety Talks

Whether large or small, safety is an important aspect to any construction project.  If you want low insurance rates keep your losses under control.  With low losses you can enjoy low insurance rates all day, every day. Here are a couple of free websites you can access for toolbox safety talks:

 

https://www.osha.gov/doc/topics.html

http://www.lni.wa.gov/safety/topics/atoz/toolboxtalks/

http://toolboxtopics.com/Construction/index.htm

 

 

Posted 2/3/16

 

New Builders Risk Coverage Form for Civil Works Projects from AAIS

Civil works projects inlcude highways, airport runways, transit, water plants, and bridges to name a few.  Coverage inlcudes altered or added land and special machinery specific to the project. Coverage remains in effect even if portions of the project are completed and put to their intended use while other parts are under construction.  If the insured has a continued insurable interest after the project is complete, coverage under this form  will continue.

Posted 1/14/16   

 

New Jersey "Certificates of Insurance Act" [A-4705 and S-3270] 

New Jersey is moving closer to enacting a law to prohibit fraudulent use of Certificates of Insurance. Some certificate holders demand that certificates must be altered to inlcude specific wording and/or conditions not inlcuded in the policy coverage forms. This practice is illegal because a Certificate of Insurance can only reflect actual policy coverage and condtions at the time the certificate was issued. If the Act is passed and signed into law the NJ Insurance Commissioner would have the power to levy a  fine up to $1,000 for each violation.  Update:  Governor Christie has signed the bill and the Act will take effect on on April 10, 2016.  

Posted 12/15/15   

 

New Cyber Scam!  Hackers are penetrating corporate email accounts and posing as a corporate executive issuing instructions to employees responsible for transmitting funds.  Since the order is sent from a known email address it remains unquestioned and the instructions followed and the funds are sent to a fraudulent account.  Unfortunately, this falls under the voluntary parting exclusion found in crime policies.  If your company is on the internet you need a Cyber Liability Policy to close this and other coverage gaps. See New ISO Exclusion topic below.

Posted 11/20/15 

 

Own a Building?  Never allow a tenant to insure your asset.  All insurance should be purchased by the owner particularly the property and liability insurance.   This allows the owner to control the policy and keep it current as it relates to limits, values, and coverage. As the First Named Insured the owner will be notified of any policy changes or cancellations without relying on the largesse or good will of the tenant, tenant's insurance company or agent.  No notification to the building owner of important policy changes happens regularly because the policy's Additional Insured Endorsement automatically adds the landlord as an Additional Insured.  The insurance company  is not even notified.

Posted 10/19/15 

  

Professional Women in Construction (PWC) Honors PWC-NJ President Carolyn Pugaczewski, CIC, CRIS, president of M. Adams & Associates at Salute to Women of Achievement Luncheon October 15:

New York, NY – “Professional Women in Construction - New Jersey (PWC-NJ) President Carolyn Pugaczewski has worked miracles – she’s increased membership, outlined new events, beefed up educational programming - in short she’s injected life, energy and vigor into the chapter,” said Lenore Janis, president of Professional Women in Construction (PWC), introducing the honoree at PWC’s annual Salute to Women of Achievement luncheon held October 15 at Club 101 in New York City.  Carolyn Pugaczewski, CIC, CRIS, president of M. Adams & Associates, said, “We made a commitment to become a force in the New Jersey construction industry and we are well on our way.”

Posted 12/03/14

 

New ISO Exclusion:  A mandatory exclusion will be added to all ISO (standard liability policy forms) excluding all forms of cyber liability.  If you have private client information, conduct any business via the web or even have a website you must purchase a Cyber Liability Policy.  

Posted 06/12/14

 

Contractors Working in New York:  New Certificate Liability Insurance Addendum is available in New York.  Form 855 intends to clarify 13 specific aspects of the subcontractors' insurance policy including coverage for "Third Party Action Over" claims.  We have the form for your review.  

Posted 06/01/14

 

Employer Practices Liability Insurance:  Claims against employers for employment practices that allegedly discriminate are on the rise.  We have seen EPLI claims filed against employers of all sizes in all industries.  According to a Wyatt study, these claims cost an average $70,000 just to defend plus whatever settlement the employee has been awarded.  No company is immune. If your company does not have this policy in its portfolio, call us immediately.

Posted  09/22/14

 

Workers Compensation Part 2, Employers Liability Claims:  We have seen a claim filed against a contractor alleging the contractor intentionally instructed an employee to perform a task in an unsafe environment.  As a result the employee was subsequently injured and filed a complaint that falls to Part 2 of the Workers Compensation Policy - Employers Liability.  Please note that intentional acts are not covered by the Workers Compensation Policy's Employers Liability section.  There is a specific exclusion in the policy for intentional acts.  The problem arises when negligence is not included in the formal complaint which, according to claims adjusters, does not trigger policy coverage.  We disagree, intentionally instructing someone to perform an unsafe task appears to be a negligent act.  While we understand that any damages awarded by the court because of an intentional act would not be covered by the policy, we believe that defense should be provided until such time as the cause of the employee's injury is determined to be intentional.  At this time we are seeking clarification from the New Jersey Compensation Inspection and Rating Bureau. Look for our results. 

Posted 11/05/14

 

Cyber Liability - If you have a website or take payments by credit card either directly or through the website, you have an exposure to cyber liability.  You may be liable for the security breach if the credit card information is stolen, whether you use a thyroid party vendor to process the transaction or not.  You will have customer notification costs, forensic investigative costs and most likely additional costs due to government involvement or regulations.  In addition to the data liability you may also incur media liability through the website.  These claims are gaining momentum and we see more and more of them.  To protect yourself take a hard look at your cyber operations, or call us and we will work with you to analyze the extent of your potential exposures to a cyber loss

Posted 11/05/14