Data Loss

If a fire where to occur at your business it is relatively easy to replace desks, chairs, decorations and even computers and network systems. The part that is very difficult to replace is data. Every business has data. Whether it is your computerized bookkeeping, client management data and software, important electronic documents or your Outlook calendar, they all serve as a vital part of your business and would leave you at a loss without them. With items like office furniture and computers you can go out and purchase replacements with very little difficulty. Data, however, is something that is specifically created over time and when lost is very difficult to recreate or replace.

There are two suggestions that I would like to share in this blog article. The first is securing your data either through backup tapes, off site backup or cloud computing. The second is insurance protection to help pay for the cost of recreating your data or extracting your data from damaged computer hardware.

The first suggestion of securing your data is probably the most reliable and sure fire way to prevent the nightmare of lost data. There are so many offerings out there of companies like Mozy that help to back up your business servers and data off site. If a fire destroys the server in your office all you would need to do is buy a new server, download your data from the offsite backup system and you are up and running again. Cloud computing is another offsite way to secure data. Instead of your data being stored on computers in your office they are stored on specialty servers throughout the country. All you are doing each time you access the data is pulling up the information via online so if a fire renders your computer useless you just purchase another computer, login to your online cloud and access your data. Backup tapes are probably the least effective because they require you to remember to take them offsite and require you to remember to update the tapes on a regular basis.

Insurance is the second suggestion on how to prevent data loss. One caveat about this topic is that technology is constantly changing and insurance companies are always trying to catch up with how to best insure this moving target. There are currently specialty coverages out there that help an insured pay for the costs of salvaging lost data. Coverage can be added to business policies that help pay for the forensic work that would need to be done on a fire damaged hard drive that possible still stores your company’s data. Some insurance products help you to repurchase lost software programs that can be very costly to replace. There are times when you need to hire extra staff for a short period to help reestablish your bookkeeping after a fire. Insurance can help pay for this extra cost.

In future blog post we will be sure to focus on what the actual insurance products are that can help protect the loss of your data and we will also write more on data backup services as well. In the mean time, work with your IT departments or consultants to figure out the best cost effective way to secure your data as well as talk with your insurance agent to figure out how to best insure your data.

2010 Discriminations Charges

The US Equal Employment Opportunity Commission (EEOC) recently released some very interesting data for the fiscal year of 2010. 99,922 workplace discrimination chargers were filed which set a new record. The types of claims that were filed where:

Retaliation Charges

Race-Related Charges

Sex Harassment

Disability

Age

National Origin

Religion

Equal Pay Act

Genetic Information Nondiscrimination Act

What is even scarier about this number for business owners is that Commercial General Liability (CGL) doesn’t cover these types of claims. Employment Related Practices claims are excluded under a business CGL. In order to have protection for these types of claims you must purchase Employment Related Practices Insurance. Be sure to talk with your insurance agent today about quoting this coverage for your business.

Business Medical Payments

Your business liability policy covers you for claims due to your negligence. Medical payments coverage provides payment for bodily injury to third parties that occur on the premises you own or rent as a result of your operations regardless of negligence.

The rationale for this coverage is insurers believe an injured party is less likely to sue you if they receive prompt payment for their medical expenses. Medical payments coverage expedites payment to an injured party without their having to sue.

A relatively high medical payments limit chosen by you might reduce the chances of a minor claim escalating into a lengthy and expensive claims process.

For claims that might be larger than your chosen medical payments limit, the liability portion of your policy would apply if it were determined that you were negligent. Regardless of your fault the commercial liability policy will provide a defense if you are sued by a third party, even if the claim is groundless.

Damage to Rented Premises

Any time a business rents or leases a space to operate from they sign a contract. In that contract are insurance requirements stating that the tenant will carry certain liability limits. Normally they will ask the tenant to carry a commercial general liability policy, and more often than not they ask for at least $1,000,000 per occurrence limit. The reason they ask for this is that if the tenant is the cause of a fire or other type of damage to the rented building, the landlord wants to make sure that the tenant’s insurance will pay for the damages, and not their own insurance.

Commercial General Liability takes care of a lease contract with two different types of coverages. The first is the coverage I mentioned above of $1,000,000 per occurrence limit. This coverage, however, only gets the tenant half way there. The per occurrence limit doesn’t cover for actual areas of a building that the tenant rents or leases. It will pay for only the part of the building that is not rented by the tenant. An example might help explain this better.

Example:
Let’s say that business XYZ, Inc rents unit A of a four unit office building. If XYZ, Inc causes a fire that extends damages to both unit A and unit B, the per occurrence portion of their insurance policy will only cover damages to unit B. It will not pay for damages to unit A because it is leased or rented by them.

Damage to Rented Premises (sometimes called Fire Legal Liability) is the other coverage a tenant needs when they rent space. This coverage is often included in a general liability policy as well but many times is not specifically mentioned in lease contracts. In the example above, Damage to Rented Premises would be the coverage that would pay for unit A that XYZ, Inc. rented.

The reason I bring this up as a blog article topic is because the Damage to Rented Premises is often overlooked. Since it is left out of many lease contracts, businesses don’t think to check with their insurance carrier about the coverage. Your typical commercial general liability policy will only include $100,000 to $500,000. If company XYZ, Inc. in the above example rented a large space, this may not be enough coverage, and they could pay for some of the damages out of pocket.

So next time you rent a space for your business be sure to have Fey Insurance Services review the lease and double check your commercial general liability insurance limits to make sure you are covered in case of a large fire.

Products and Completed Operations Hazard

If you manufacture, sell or distribute a product, there is a possibility that the use of the product could cause bodily injury. The example everyone thinks of is a stepladder. Next time you are at the home improvement store take a look at all the warnings that ladder manufactures put on their product. Who really needs to be told not to stand on the top rung of a ladder? But, it is because of the product liability hazard that manufacturers feel it is necessary to include so many warning with their products. Even if you are not the manufacturer, and simple sell someone else’s products, you could still be liable.

The second part of this coverage is completed operations coverage. If you install or repair products such as a heating system, you could be negligent should damage be caused by your work after you work is done. Let’s say that you installed a new furnace in a restaurant, and later that day a fire ensues. The fire marshal determines that product literature that was left inside the furnace caught fire further melting a plastic cover causing black smoke to spread throughout the premises. The business had to close until repairs and cleanup could be completed. A substantial amount of money was lost and the cleanup was in the thousands of dollars.

Both of the situations cited above would be covered if your policy includes products and completed operations coverage. Not sure if your package includes this coverage; give us a call to review.

General Liability vs Errors and Omissions

General Liability
What it protects against: Accident and injuries that occur on company property or the property of a customer. It also protects against product liabilities.

How it works: Commercial General Liability (CGL) includes payments to an injured person or to an owner of property that is damaged. These can cover medical expenses and the cost of defending lawsuits, including legal settlements or investigations. Insurance may also provide the means to post bonds during a legal proceeding, or pay judgments. A CGL policy also covers libel, slander, copyright infringement and other personal and advertising injuries.

Who needs it: Most, if not all, companies

Errors & Omissions
What it protects against: Claims by customers that a company made mistakes or failed to perform contractual work. It should include coverage of the cost of legal defense. It is also know as professional liability insurance.

How it works: It insures mistakes made by a company’s owners, employees and contractors. It is similar to a doctor’s medical malpractice insurance.

Who needs it: Anyone who advises, recommends, consults or designs solutions should consider this coverage.

Information provided by: Bests Review The Guide to Understanding Business Insurance Products (2007-2008)

So What is the Difference?:
The key difference between the above two mentioned business insurance coverages is that General Liability only pays claims that have resulted in bodily injury or property damage (meaning damage to property not owned or leased by the business). It will not cover a financial loss that is a result of errors or alleged errors done by the business or the omission of work that the business was contractual obligated to do. That is where Errors & Omissions Insurance steps in and pays for the cost to defend the business as well as any settlements that a court requires them to pay for their error or omission of work.

Hired & Non-Owned Auto Liability

Even if your business doesn’t have any vehicles titled in the business name, there is still an auto coverage that you should always have. That coverage is called Hired & Non-Owned Auto Liability. To help best explain this coverage here is an example claim. Say that you had an employee who during the lunch hour ran the daily deposit to the bank. They used their own vehicle for this errand. Let’s say that unfortunately during her trip to the bank she caused an auto accident. Now, the first auto insurance policy that would react to this claim is going to be your employee’s personal auto policy, however, if they don’t have any insurance or if their insurance is not enough to take care of the damages, there is a good chance that your business could be drug into a law suit. That is where Hired & Non-Owned Auto Liability steps in and helps protect your business.

Hired & Non-Owned Auto Liability can be written to provide protection for your business when you either hire or rent vehicles for business use and/or your employees use their vehicles on business for you. The premium for Hired Auto Liability protection is based on rental costs. You can also add protection for physical damage to the rented vehicle as an alternative to buying Collision Damage Waiver from the rental car company. The premium for Non-owned Auto Liability is based on the number of employees you have.

So even if your business doesn’t own any vehicles that does not mean that you don’t have an auto liability risk.