March 2013

Insurance spreads the risk of loss among every policyholder and the insurance company.

The “coinsurance clause” in a Business Property policy reflects the fact that the coverage divides this risk by setting premiums based primarily on the value of the property. Those who insure their property for less than its actual cash value (ACV) or replacement cost will have to pay the uninsured portion of any covered loss out of their own pocket — in other words, “coinsuring” the risk — which encourages policyholders to buy coverage for the full value of their property.

The coinsurance clause usually requires policyholders to insure their property for 80% of its ACV. For example, if the property of your business is worth $500,000, you would need to purchase a $400,000 policy. If a fire caused $300,000 worth of damage, the insurance company would pay $240,000 (80% of $300,000), leaving you to pick up the other $60,000. However, if you had purchased the full $500,000 in ACV coverage — paying a higher premium — the insurer would cover the entire $300,000 claim.

We’d be happy to discuss the benefits that the coinsurance clause offers. Feel free to give us a call.

Identifying and preventing the incidences that might harm your firm’s reputation can be a challenge at best.

The explosive expansion of Web-based communications and social media has aggravated the risks of reputational damage, while dramatically reducing response time to counter these threats.

According to Reputation Review 2012, a report from Oxford Metrica sponsored by Aon P.L.C., a public company runs an 80% chance of suffering a reputational risk that can cost at least 20% of its equity value in any month over a five-year period. Privately held companies face similar risks.

These exposures can come from a wide variety of sources, from product safety and unhappy customers to regulatory pressures and behavior by managers. Examples include recent massive breaches of consumer data held by major financial institutions, and the effect on companies that faced supply chain disruptions or radiation fears after the Japanese earthquake and tsunami of 2011 — not to mention the impact of that year’s outbreak of listeria in cantaloupes. Although this infection came from a single farm, other producers (and even companies selling different types of melons) suffered a loss of reputation.

With reputational risks coming in various and sometimes unpredictable forms, experts recommend that you help protect yourself by:

• Creating an “early warning system” to monitor print, electronic, and social media for negative references to the company.
• Evaluating whether a negative comment should have a response (not every tweet or Facebook post matters).
• Getting frontline employees involved in responding to reputational threats, rather than having top management and PR staff deal with them.

Our agency’s experts stand ready at any time to help you discuss your risk, review potential scenarios, and then build and test a plan for dealing with events that threaten your reputation.

Having an effective plan to deal with these threats can actually improve your company’s reputation.

In the controversial Citizens United case, the Supreme Court ruled that corporations have rights similar to those of an individual. If follows that they have identities and are vulnerable to identity theft.

Although insurance offers one way to manage this risk, it might well be a long time before a company discovers the theft — at which point, it would be too late. To avoid or minimize the danger of having your corporate identity stolen, we’d recommend a three-step approach:

1. Storing sensitive information. Sensitive files and information (credit card numbers, medical data, Social Security numbers, etc.) might be stored on computers, external drives, filing cabinets, or mobile devices. It’s wise to consolidate and secure this data either physically behind lock and key or by using electronic network security measures. Be sure to train employees on handling, storing, and disposing of this type of information properly.
2. Your business documentation. Identity thieves might use highly sophisticated or surprisingly elementary and low-tech techniques for delving into a company’s records and misappropriating them. These might include intercepting paper mail, stealing trash, or physically taking documents. To safeguard this information, determine what records you need to run the business, inventory them, and use electronic statements to limit the amount of mail containing company information. Never share financial details or documents through e-mail!
3. Credit reports. Check your company’s credit reports regularly for unusual charges or bills.

The Federal Trade Commission (http://www.business.ftc.gov/documents/bus69-protecting-personal-information-guide-business) provides a variety of resources you can use to help protect your corporate identity and confidential customer information against identity thieves.

Our agency’s professionals would be happy to offer their help — just give us a call.

The nationwide debate over gun control in the aftermath of the Newtown massacre has raised a number of issues — including potential insurance liability for businesses in states that permit citizens to carry concealed weapons. Here’s why:

A company that allows customers or visitors on its premises has a legal obligation to exercise “reasonable care” in keeping them safe, a responsibility that includes warning them about any hidden dangerous conditions. For example, in states with “concealed carry” laws, a store owner might need to post warnings that sales clerks are armed.

Let’s say that an employee carrying a concealed weapon negligently or deliberately shoots a customer who is legitimately on the premises of the business — and the customer then sues the employer for bodily injury. On the other hand, suppose that an employer forbids workers from carrying weapons on the job. If an employee is attacked and beaten at work, he or she might sue for damages from bodily injury, claiming that the employer’s ban on firearms in the workplace impaired the employee’s ability for self-defense.

Although your Commercial General Liability (CGL) policy should provide coverage against such claims, it makes sense to minimize this risk by taking pre-emptive action. One effective approach: To seek an exemption from the scope of the concealed-weapon law (if one doesn’t already exist), giving you the authority to forbid weapons in the workplace. Make it clear to all employees and potential employees that company policy forbids bringing weapons onto the premises. You might also conduct comprehensive pre-employment screening to help hire stable, sensible people who are unlikely to settle disagreements with lethal force.

To learn more about protecting your business against the potential problems created by concealed carry laws, feel free to get in touch with us.