Skip to main content
Monthly Archives

October 2010

EDITOR’S COLUMN: HUMAN RESOURCE INFORMATION TECHNOLOGY

By Your Employee Matters

A technological interface runs our financial, marketing, sales, and operations from beginning to end, using such programs as QuickBooks, Excel, Great Plains, GoldMine, ACT, Sales Force, and Daptiv.

Human resource operations also employ a variety of technology platforms for payroll, time and attendance, workforce planning and management, online recruiting, benefits administration, compliance management, performance management, compensation management, training management, enterprise resource planning, succession planning, and so forth. Human resources information systems (HRIS or HRMS) are consolidating these various HR disciplines. For years, large corporations have relied on firms such PeopleSoft, Oracle, UltiPro and others – while smaller companies work with such programs such as Sage/Abra, HR Office, People-Trak ADP, PayChex, and Ceridian. Today, companies with as few as 25 employees are evaluating the cost/benefit of employing HRIS systems.

The primary benefit of technology is the ability to reduce duplication of effort and inherent error by consolidation, analysis, storage, and reporting data. Payroll companies, insurers, and benefit providers will continue to offer human resource information platforms — PEOs, HROs and ASOs, as well as directly from vendors. Chances are you’ll be able to choose from a suite of integrated options.

Will the effort be worth it? In my experience, a lot can go wrong with these technologies. The payroll and time and attendance tie-in are especially important. Assuming all the bells and whistles work properly, the next question is “Who’s going to be excited about using the program?” Most HR people don’t run toward technology, they run away from it! It’s just not their thing. Although others will go along with it reluctantly in order to make their organization more efficient, they’ll tend to use technology programs at their lowest denominator. For example, most HRIS systems advertise how many different reports you can pull – sometimes hundreds or more. Chances are however, that most HR people don’t pull any reports and don’t use the program strategically. They tend to free up some time for open benefits enrollment and time keeping, but won’t help in hiring, managing, training, or compliance.

Suppose you’re a 100-person company considering a complete HRIS system that functions well and costs about $6-$10 per employee every month, for an annual total of $6,000 to $12,000 (plus set-up fees). Let’s say the program saves HR a month of time and the rest of the company another month combined – time spent on new hire paperwork, changing benefits, tracking vacation days, COBRA admin, etc. If the average employee is paid $50,000 then the “savings” is equal to two months at $4,000 each, for a total of $8,000. Compare these “savings” with the $6,000 to $12,000 price of the system, and you come out at close to a wash. That’s OK. Your system is tighter, with more effective information management, employee self service, etc. You might also justify this expense if it freed up HR to take on more strategic efforts, but is that what is happening?

I continue to believe that strategy trumps technology nearly every time. The poor hire of a $50,000/year employee dwarfs any savings an HRIS system can provide. Strategic thinking about how to attract and hire great employees is far more important than the technology interface you use for the hiring process. The strategy you use to retain employees has far greater significance than any report that you’ll generate about retention statistics. The future challenge of HRIS programs is to consolidate all aspects of HR without a glitch, while using them at a strategic level, not just as technological tool. This will require integration with strategic tools, content, and support (similar to what Members of HR that Works get!). In my experience, we’re not there yet.

Before the promise of new HR technologies traps you, be clear about the impact it can have on your organization. Determine exactly how much net time and money you’ll save, factor in the learning curve and data storage benefits. Then ask what strategic effort you will take on, given this freed up time!

LIFE INSURANCE IS NECESSARY FOR BOTH WORKING AND STAY-AT-HOME PARENTS

By Life and Health

When a parent dies, the emotional toll on the family is devastating, and when it happens to a stay-at-home parent, the repercussions of their death go far beyond the pain of grieving. Most employers offer Life insurance plans to wage-earning parents, but what if the parent’s job is within the home?

The emotional support provided by stay-at-home parents is immeasurable, but what can be measured is the value of the services they provide on a daily basis. Think about the overall worth of childcare, laundry, cooking, reliable transportation, grocery shopping, and keeping the house clean and organized. Childcare alone can cost around $10,000 a year at a local preschool or day-care center, with infant and toddler care being more expensive. Although stay-at-home parents might not earn a paycheck, their work around the house financially benefits the family, and their death could cause a serious financial crisis.

If a stay-at-home parent were to become ill or pass away, most families have some sort of support system in place to help get the kids to school or assist with household chores, but this help cannot last forever. By purchasing a Life insurance policy for stay-at-home parents, families can be relieved to know that their financial needs will be covered during times of loss and sorrow.

There’s no set guideline as to how much insurance a person should carry, but here’s a good rule of thumb. Take the number of years until your youngest child graduates college and multiply that by your current annual salary; your policy should be equal to or exceed this amount. As for stay-at-home parents, calculate their hidden salary by using the estimated value of all the services they normally provide. Most importantly, the policy should allow the family to maintain their current lifestyle if a parent should die.

Generally speaking, there are two types of Life insurance; Term and Permanent Life insurance policies. Term Life insurance is the more affordable of the two in the short run. The benefactor selects the length of the policy, usually in multiples of five years, and of course the face amount. Benefits are only paid out if the policyholder dies during the length of the policy’s term. Since renewing Term policies can be expensive, some individuals choose to convert their plans over to Permanent Life insurance coverage. Talk with your insurance representative about including a conversion privilege in your term policy, so you won’t have to jump through hoops if you ever decide to covert to Permanent Life insurance.

Permanent policies are different in that they cover individuals for their entire life. And with some policies there’s also a cash value component, which unlike long-term certificates of deposit, grows tax-deferred. Furthermore, policyholders are able to borrow against the cash value of their policy, for financing larger expenses. Permanent policies cannot be canceled by the insurance company, plus their benefits are usually guaranteed unless premium payments have been delinquent. The price of permanent policies remains permanent as well, meaning that families can expect to pay the same premium costs throughout the policy’s duration.

Whether families choose a term or permanent policy, work-at-home parents deserve the coverage of adequate life insurance. The financial benefits insurance provides can help families get through a very difficult time.

DEFINING AND UNDERSTANDING YOUR NET WORTH

By Life and Health

Net worth is an important barometer of financial success for many investors. Your net worth shows how leveraged you are, how you are progressing toward your financial goals and how effectively you are retaining the wealth that you accumulate over the years. But net worth is a number created from many different underlying investments and can offer an insincere indication of how strong your financial foundation is. Depending on the assets that comprise your net worth, you might actually be on insecure financial footing no matter how big the number looks.

Defining Net Worth

Your net worth is the difference between your assets and your liabilities. In an ideal situation, your assets will be greater than your liabilities and will result in a strong net worth. A strong net worth shows that you are not over-leveraged and can act as a barometer toward your achievement of retirement and other financial goals. A low net worth can indicate a dangerous debt situation, financial goals that are in danger of not being achieved, and a shaky financial foundation for your family.

Net worth matters because it is a resource that can be tapped into if you need cash. Whether you need it to sustain your lifestyle, make repairs to your home or car, or to take a trip, your net worth is money that you have in reserve and that you can access when you need it.

The Assets behind Your Worth

Many people have the majority of their net worth in cash and investments that are easy to sell (or liquefy) such as mutual funds and stocks. But when you have a net worth that is mostly made up of real estate or other illiquid investments then your net worth is not as accessible as it should be. In addition, because the value of investments like real estate can shift up and down easily it leaves your net worth at risk of losing value just when you need it the most.

If your goal is to create a conservative and liquid net worth then you might consider adding Life insurance and annuities to your financial plan. Life insurance policies have cash values that can be drawn or borrowed from when you need to access cash.

Likewise, annuities offer a great place for your cash to grow, but are also easily liquidated should you need to access your cash sooner than anticipated.* In addition, they can provide a guaranteed income when you retire, unlike other retirement vehicles.

Remember, your net worth is only of value if it’s accessible, indicative of financial progress, and backed by assets such as Life insurance policies and annuities which increase in value over time or offer certain guarantees. Otherwise, it’s nothing but a number offering a false sense of security that might help you sleep at night but won’t keep a roof over your head.

*Liquidated earnings are subject to ordinary income tax, may be subject to surrender charges and, if taken prior to age 59 1/2, may be subject to a 10% federal income tax penalty

SAVE YOUR FAMILY STRESS AND MONEY BY PRE-PLANNING YOUR FUNERAL

By Life and Health

Most of us don’t enjoy thinking about our own funeral. If you’re like many, the mere sight of a casket or urn is enough to send shivers down your spine. However, if you take some time to plan ahead, you could save your family tons of heartache and money down the road. According to a 2007 AARP survey, 34% of Americans over the age of 50 have done some pre-planning and 23% have pre-paid a portion or all of the funeral or burial expenses for themselves or someone else. That means a whopping 20 million people age 50 or older have already paid for at least some funeral expenses. Are you one of them?

Why pre-plan?

If you’ve ever planned a last-minute funeral, you know first-hand that it’s an extremely stressful event. Families planning an unexpected funeral often argue about what their loved one would have wanted. They are forced to make hasty decisions during an already painful time.

To top it off, these families also face the exorbitant price tag of their loved one’s funeral. These days, the traditional funeral and burial can cost up to $10,000 or more, depending on your location. Thanks to inflation, the cost of funerals continues to rise, year after year. That’s why pre-planning is so important. If you don’t want to leave your family with the financial and emotional burden of planning your funeral, you should consider pre-planning.

Pre-planning 101

If you’re ready to prearrange your funeral, simply contact the funeral home of your choice and ask about their pre-planning options. They might ask you to schedule an appointment with a pre-planning specialist. During your meeting, you can select the funeral merchandise and services you desire down to the smallest detail. The funeral home will record all of your wishes. When the time comes, all your family has to do is contact the funeral home, and they will put your plan into motion.

Funeral homes can help you set up a funeral pre-payment plan, as well. If you choose to pre-pay for your arrangements, many funeral directors will offer a price guarantee. That means you can lock in funeral or cremation services at today’s prices. Whether your funeral takes place three or 30 years from now, the price will not rise. This could save your family thousands of dollars in the long run. Once you have made your funeral prearrangements, you can elect to pay a portion or the entire bill before your death. Final expense insurance is one popular way to fund a prearranged funeral.

Final Expense Insurance

Also known as burial or funeral insurance, final expense insurance is a Life insurance policy with a low face value, usually between $5,000 and $50,000. You buy Final Expense insurance directly from an insurance company-not from the funeral home. You can name any beneficiary, typically a family member, who would make the claim and receive the money upon your death. That beneficiary would then be responsible for using the money to pay for your prearranged funeral services. If your benefit amount exceeds the cost of your funeral, the beneficiary gets to keep the difference. For example, if you have a final expense policy for $14,000 and your services and burial end up costing $10,000, your beneficiary would pay the bill and pocket the extra $4,000.

Endless advantages

Preplanning and prepaying for your funeral offers countless benefits, including the following:

  • It ensures your family isn’t left with the stress of hastily planning a last-minute funeral.
  • It guarantees that money will be available for your funeral service and your final wishes will be followed precisely.
  • It removes financial burden from your loved ones.
  • It allows you to lock in services and merchandise at today’s prices and avoid the rising costs of inflation.
  • It guarantees your final arrangements will be handled even if you have no surviving family members left.

By deciding on the details and paying for your funeral now, you’ll gain peace of mind that your wishes will be followed to a tee. And perhaps more importantly, you’ll save your family a lot of stress, heartache and cash down the road.

RENTERS INSURANCE – A SMALL PRICE TO PAY FOR FINANCIAL SECURITY

By Personal Perspective

If you’re currently renting a house or apartment, you should strongly consider an investment in Renters insurance. No one likes to think about the possibility of a fire or a burglary, but these are real possibilities. Burglars can break in while you’re away and steal your computer, entertainment system, jewelry, and other valuable items. Without Renters insurance, you will have thousands of dollars in out-of-pocket costs to replace the stolen items. By contrast, if you have Renters insurance, you will promptly receive a check that covers either the replacement costs for the stolen items or the current value of the items — depending on which type of insurance policy you’ve purchased.

Maybe you believe there is little risk of a burglary in your geographic area, but what about the risk of fire? Fires strike randomly and can begin in electrical wiring over which you have no control. It’s unpleasant to contemplate, but you could come home to find that everything you own has been destroyed. With Renters insurance, you would have a check in hand quite soon to begin refurnishing your life. Yet another scenario for which Renters insurance can be of enormous benefit is personal liability. If a visitor is injured in your home, for example, by falling down the steps, you could be liable for her medical bills. Renters insurance would cover this liability. Some renters are under the impression that their possessions are covered by their landlord’s insurance. This is rarely true. Typically, the landlord’s insurance covers loss or damage to his property, not yours. Your landlord’s insurance also covers his liability in case anyone is injured on the property, though not always injuries inside your apartment.

Most renters can get comprehensive coverage for a few hundred dollars per year, depending on where they live. Considering the risks covered by Renters policies, this is a low cost for the potential benefits. Look around your house or apartment and take an inventory of items you would need to replace in the event of a catastrophe. Take note of high value or difficult to replace items such as antiques, furs, jewelry, or expensive art. Before you get a policy or immediately thereafter, you should record information on all your high value items, including details about the make, model, serial number, age, and costs (both purchase and current replacement). It might also help to have photos of these items for identification purposes.

A basic policy usually pays only for the actual cash value of your items at the time they were lost. In other words, they would be valued not at what you paid for them originally or what it would cost to replace them, but at their actual value as used items. So a 3-year-old computer would be covered for its initial cost minus depreciation. Since computers depreciate quickly, yours might be worth little by the time it’s 3 years old, so your insurance proceeds will be limited.

If you have expensive items like electronics that are subject to depreciation, you should consider replacement cost coverage. With this type of policy, you would be reimbursed for the current cost of buying a new equivalent item. Thus, in our example of the $2,000 computer at 3 years old, you would receive a check that would enable you to buy a new computer. Of course, replacement cost coverage is more expensive. It’s up to you to decide which type of coverage — actual value or replacement cost — best fits your needs and budget. Like most other insurance policies, your Renters policy will have deductibles. A deductible is an amount of loss you will have to absorb yourself before receiving any money from the insurance company. For example, let’s say you have a policy with a $500 deductible. You have cameras you bought for $2,000 several years ago. If you have replacement cost coverage and the cameras are lost in a fire, you would receive a check for $1,500 from the insurance company. Of course, you can lower your insurance premium by accepting a higher deductible, but this means if there is a loss, you must absorb more of it from your own pocket.

Renters insurance usually does not cover damage from floods or earthquakes, but you might be able to get endorsements for these and other “acts of God.” An endorsement extends the perils covered by your policy. Obviously, you must pay an extra premium for the extra coverage. Be sure to discuss any special high value items, such as antiques, furs, and jewelry with our insurance agents, since you might need extra coverage for these. As mentioned, a basic Renters policy includes liability coverage should someone be injured in your rented home or apartment. As with Auto insurance, there is a per-incident limit on this coverage, and you should make sure this is high enough to protect your assets.

WHOSE INSURANCE COVERS THE KIDS WHEN PARENTS LIVE IN SEPARATE HOUSEHOLDS?

By Personal Perspective

Michael and Maureen divorced after 18 years of marriage and agreed to joint custody of their three children. Their 11 year-old son Mikey is riding his bike one afternoon with some friends and not paying full attention to the road in front of him. A five year-old child chasing a ball runs into the road and Mikey strikes her with his bike, causing her to fall and break her arm. The child’s furious parents sue both Michael and Maureen for compensation for her injuries and trauma.

Not long after, their 16 year-old son Mark gets his drivers license. One evening while driving home, he swerves to avoid a deer in the road, loses control, and plows into two parked cars. Both cars are relatively new; the repair bills come to thousands of dollars. Because Michael and Maureen now have separate households, they each have their own Auto and Homeowners insurance policies. Are both parents responsible for the children’s actions? Is only the parent who had custody at the time of the accident responsible? And whose insurance pays for the damages? Will either policy pay? With the increasing prevalence of two-household families and blended families, the question of which parent (and, therefore, which insurance policy) is responsible for a child’s actions has become more common. The answer is not always clear.

A standard Homeowners policy covers the people named on it (the named insureds); household residents who are either relatives of the named insureds or under age 21 and in the care of a named insured or relative; and full-time college students who are either relatives of the named insureds and under age 24 or others in the care of a household resident and under age 21. A standard Auto policy covers the named insureds and “family members” (residents of the household related to the named insureds by blood, marriage, or adoption, including ward or foster children.) Michael and Maureen have joint custody of their children. In which parent’s household are the children residents?

State laws and courts have answered this question in a variety of ways. For example, states such as New York have established “dual residency”; that is, a person can be a legal resident of multiple households at the same time. However, other states such as Montana have laws prohibiting dual residency. Some courts start with the custody awarded in the divorce decree but also consider how the parents are actually handling custody. A New Jersey court found that a child had dual residency, despite the mother having legal custody, because both parents had actual custody at different times. The judge ruled that both parents’ Homeowners policies applied to the child.

Other states have ruled that no one factor determines residency; a court must look at multiple factors. A Georgia court devised an approach that measures custody time and focuses on whether there is in fact more than one household. New Jersey courts look at both measurable factors and qualitative factors, such as whether people in the household function together as family members.

If Michael and Maureen live in a dual residency state, both their Homeowners and Auto policies might cover the accidents their children have. Policy terms explain how they share loss payments for these incidents. In other states, the solution might be more complicated. A court may weigh several factors and assign residency to only one of the households, requiring one parent’s insurance to pay for the loss. Since the outcome in these situations is uncertain, the best thing for divorced parents to do is to make sure they have plenty of insurance provided by financially strong companies.

WHAT ARE THE NECESSARY COVERAGE LIMITS FOR AUTO AND HOMEOWNERS INSURANCE?

By Personal Perspective

Most people avoid thinking about scenarios that would cause an insurance claim – our homes damaged by fire or tornado, someone injured on our property, or family members hurt in an auto accident. However, it is necessary to give some thought to these upsetting possibilities to ensure that you are adequately prepared and protected in the event of a catastrophe. Reviewing your insurance coverage will also clarify if there’s a need for an additional Umbrella policy for extra protection. So, let’s try to summarize some of the basics on coverage limits.

Homeowners insurance covers three areas: Damage to the home, damage to the contents of the home (personal property), and your liability for injuries to others. Prior to obtaining Homeowners insurance, it’s a good idea to stop and consider exactly what you want the insurance to cover. You might want coverage just to pay off the mortgage in the event you can no longer occupy your home. It’s more likely you’ll want to continue living in your home after a claim or sell it at market value, so you will want your insurance to pay for repairs caused by wind, fire, or some other covered peril. In most cases, reconstruction means you will need insurance that actually covers more than the home’s market value.

Replacement value, which is the cost to reconstruct a damaged home, is typically higher than the cost of buying a similar home on the market due to the specialized nature of reconstruction as opposed to new construction. For example, in reconstruction there is an initial cost of debris cleanup. New construction starts at the bottom and builds up, but with reconstruction it is often necessary to take off the roof and build down, which is more expensive. Additionally, after a natural disaster, construction costs could rise due to increased demand. Keep in mind that your insurance can cover not only the costs to rebuild, but also the costs for you to live elsewhere, if necessary, while the home reconstruction is completed. Our experienced insurance agents can help you assess your coverage needs as well as determine available coverage based on the age and condition of your home.

Also, you will need to consider whether you want replacement coverage for clothing, furniture, appliances, and other personal property inside your home. Without replacement coverage, your coverage for personal property is depreciated by the age and wear of the items lost. Due to depreciation, the computer you paid $500 for three years ago might be valued at only $150 or $200, which is all the insurance company would pay if you don’t have replacement coverage.Some insureds will need more coverage for personal property (contents) than their policy provides. The amount of personal property coverage is usually limited to 70% of the coverage limit for the structure. For instance, if you have an art collection, antique furniture, jewelry, or other valuable possessions, talk to our agents about supplemental coverages, such as fine arts or scheduled property endorsements, to protect your investment in these items adequately. The cost is modest for the extra protection.

Liability limits generally start at about $100,000; however, some experts recommend that you purchase at least $300,000 worth of protection, which covers personal liability for damage to property or personal injury caused to others. The additional coverage also helps to protect your assets in the event you are found liable in a personal injury lawsuit. Additionally, you might want to consider purchasing a separate Umbrella policy (discussed below).

There are six different types of Auto insurance coverage. Three relate to liability, two for damage to your vehicle, and one provides specific coverage for accidents involving you and an uninsured or underinsured driver. Collision coverage covers the costs of damage to your vehicle caused by collisions with other cars or objects; comprehensive coverage covers theft or damage to the vehicle caused by events other than a collision with another car or object. The amount of coverage you need depends on the value of your vehicle. Auto Liability insurance is required in most, if not all, states, but the liability limits that drivers are required might not be enough to protect your assets. Even one serious injury caused by an accident for which you are liable could cost into the six figures, or more in extreme cases, just for medical expenses. And the amount only increases if there are more injured people. It’s easy to see that the $50,000 of per-accident liability coverage required in many states would not be enough to pay all the costs of property damage and bodily injury. Auto insurance companies recommend that you have $100,000 of bodily injury protection per person and $300,000 per accident. If your personal net worth is more than $300,000, consider buying additional liability auto insurance.

What about an Umbrella Policy? Unfortunately, even with our best intentions and efforts, accidents might happen for which we are legally at fault. Medical costs can skyrocket. If someone were permanently disabled by an accident, the expenses of lifetime care could be astronomical. If someone killed left behind survivors who were depending on that person for support, you could be liable for damages to the survivors. Be aware that any costs not covered by insurance will come out of your pocket. Hence, you could be forced to sell property or to turn over part of your earnings for years to come, perhaps the rest of your working life, to an injured party. There are limits on the amount of liability coverage available as part of your Homeowners and Auto insurance policies. If you have total assets valued at more than these limits – including, say, your vacation home, investments, rental property, boats and vehicles — or if you have a high income, an Umbrella policy offers a great deal of protection for a relatively low premium.

In addition to the assets you want to protect, you might want to consider your risk of being sued. Do you live in a state that is particularly friendly to plaintiffs? Do you have frequent guests on your property? Do you have a swimming pool, trampoline, swing set, or other sports equipment in your yard? Do you have a dog that is overly protective of your property? Are you or any of your household members aggressive, fast, or careless drivers? If so, your risk is greater that someone might be injured, perhaps very seriously, and you would be legally at fault. In fact, any situation that could result in serious injury, long-term physical impairment, psychological damage or death could put your financial well-being at risk.

Once the liability limits are exhausted on your Homeowners or Auto policy, your Umbrella policy takes over and provides another layer of liability protection. Policies typically start at $1 million with coverage available up to $10 million. Premiums start at around $300 a year – less than a dollar a day for a great deal of protection. The best way to determine whether you need an Umbrella policy is to discuss your financial status, lifestyle, and current and future assets with our insurance agents. Ask us to review the liability limits in your current policies and suggest the best strategy to ensure protection of your assets in the event of an injury for which you are legally liable.

EMERGENCY PREPAREDNESS PLANS ARE CRUCIAL WHEN DISASTER STRIKES

By Business Protection Bulletin

The September 11, 2001 terrorist attacks were a wake-up call to the kinds of dangers that still face America, including American businesses. In the months and years following the attacks, companies nationwide took steps to ratchet up security and emergency preparedness, in the event that they might someday be impacted directly by an attack or other major disaster.

For instance, an often-cited survey conducted by the Hartford Financial Services Group found that security measures instituted or improved on by companies resulted in a drastic drop in the number of unauthorized visitors entering workplaces. However, the same survey concluded that, as time passed, companies relaxed their newfound post-attack security consciousness. Emergency preparedness gaps are particularly apparent in smaller businesses.

A terrorist attack, of course, is not the only type of emergency a company might face. Natural disasters (hurricanes, tornadoes, blizzards), fires, and power outages all can endanger employee security and stymie business operations. The extent to which a company is prepared for such events can mean the difference between being able to continue operations, and shutting down. According to the American Red Cross, as many as 40% of small businesses do not reopen after a major disaster.

According to the Hartford survey, the top workplace safety threat continues to be that posed by unauthorized entries into a business. Employers can take a number of actions to reduce the number of unauthorized entries. For example, they can: check that all entry doors have working locks; reduce the number of entry points, and have all of them set up so that individuals coming in through them must pass by a receptionist or other staffed workstation; implement photo IDs for employees; require that visitors sign in and wear visitor badges; and establish procedures that receptionists can use to inconspicuously signal that they need help (such as a call button).

Companies also must be prepared for emergencies that confine employees inside the building, such as a blizzard, or a situation involving outside release of a chemical or biological agent. Among the items businesses should ensure they have on hand are a supply of bottled water and nonperishable food; flashlights and batteries; a battery-powered radio; a landline phone that can operate without electricity; and first-aid supplies. Detailed lists of suggested “in case of an emergency” items for businesses can be found on the Web site of the American Red Cross (www.redcross.org).

Other steps businesses should take to prepare for disaster situations include:

  • Establish emergency evacuation routes and conduct regular emergency evacuation drills.
  • Copy or back up important, valuable, or irreplaceable documents, and store these off site.
  • Keep an up-to-date list of contact information for employees, customers, suppliers, distributors, and professional service providers (e.g., insurance agent, accountant, lawyer), and store this list off site.
  • Establish procedures for handling suspicious mail. * If the nature of the business permits, formulate a plan for continuing operations from an alternate site.
  • Make sure that the insurance coverages held by the business are appropriate and adequate, and store a copy of the policies off site.

Depending on a company’s location and the nature of its business, it might be more or less susceptible to certain risks than others. Our insurance brokers are an excellent source for help in evaluating your company’s risk profile and for learning about business safety and emergency preparedness programs. Another source for emergency preparedness ideas and risk assessment is Open for Business: A Disaster Planning Toolkit for the Small Business Owner, by the Institute for Business and Home Safety (IBHS) and the U.S. Small Business Administration. This publication can be accessed at the IBHS Web site, www.disastersafety.org.

PROTECT YOUR BUSINESS BY STEERING CLEAR OF INTELLECTUAL PROPERTY DISPUTE COSTS

By Business Protection Bulletin

As the United States continues to transform from a manufacturing-based economy to one based on information and ideas, protecting those ideas has become increasingly important to businesses. The U.S. Patent Office reported that it received more than 440,000 applications and more than 188,000 trademark registrations in 2006. Both numbers were substantial increases from the previous year. That same year, U.S. district courts saw more than 30 intellectual property lawsuits filed every day. The cost of those lawsuits is steep: The American Intellectual Property Law Association reported in 2009 that the average costs of litigation were $2 million for patents, $700,000 for trademarks, and $600,000 for copyrights. The high and rising frequency and cost of these lawsuits make avoiding and minimizing intellectual property lawsuits a major issue for American business.

As a business owner, how can you steer clear of IP lawsuits? Here are a variety of strategies:

  • Research your marketplace. Know what your competitors have done and what they have in the works. Pay close attention to competitors’ press releases, website updates, SEC filings, and advertisements. Be aware of industry practices and literature. Continuously monitor competitors’ activities for potential threats to your own protected intellectual property.
  • To protect the business, have employees who contribute to IP sign contracts giving the company ownership of the IP. Restrict employees’ and contractors’ ability to externally share confidential information. Develop procedures for identifying and documenting any concepts that might eventually require legal protection.
  • If you have suffered an infringement of your IP rights, investigate alternatives to litigation. For example, you might offer the offending party a licensing agreement or proposing a joint venture. Another possibility is to pursue mediation. Mediation is less costly, potentially offers a faster resolution to the dispute, reduces the impact on management’s time and resources, and allows for finding creative business-driven solutions.

Despite a business owner’s best efforts, however, some IP litigation might be inevitable. A third party might, with or without grounds, accuse the business of violating its IP rights, or the business might find that someone has violated its rights; in either case, the opposing party could refuse to cooperate. When this happens, the important thing is for the business to minimize its out-of-pocket costs. In this case business owners should consider their goals for the litigation. Do they want monetary damages, or do they simply want the other party to cease and desist from the offending act? Seeking an injunction might be less expensive than pursuing a lengthy trial for damages. It is also suggested that litigants remain open at every stage of the litigation to possible settlements. A settlement early in the process will be far less expensive than one that happens later.

Although standard Commercial General Liability insurance policies provide limited protection against claims that a business infringed a copyright or patent, some insurance companies now offer specialized policies that provide broader coverage. Some policies will pay for both a company’s legal liability for IP infringement and its defense; others cover defense costs only. A third type of policy reimburses a company for its legal costs when it must pursue an IP infringement claim against another party. These policies cover defense costs such as injunctions, appeals costs, and declaratory actions. Legal Liability coverage applies to judgments, settlements, lost royalties and income, and interest costs.

IP infringement problems might be a reality of business today. However, with the proper risk management, they need not harm your business.

AVOID BUSINESS LOSSES WITH D&O INSURANCE

By Business Protection Bulletin

For the last several years, stories of wrongdoing and bad judgment by corporate managers have filled the headlines. Enron, Worldcom, and Countrywide are just some of the companies that became household names because of mistakes or criminal acts their leaders committed. These stories became big news because they were exceptional; the vast majority of companies do not fail in such a spectacular fashion. However, all corporate managers have the potential to make mistakes, and some mistakes can lead to significant losses for the company, its shareholders, employees and vendors. When this happens, having the appropriate insurance coverage can make all the difference between survival and corporate and personal bankruptcy. Most businesses carry Commercial General Liability insurance (CGL) that covers the business’s legal liability for bodily injury, property damage, and personal and advertising injury suffered by others. However, this insurance probably will not cover claims against corporate officers for their errors in running the company. These claims often involve allegations of monetary losses, such as falling stock prices or loss of capital. Although real, these losses do not meet the CGL policy’s definition of “property damage,” which is physical injury to tangible property, including resulting loss of use, or loss of use of property not physically injured. In these claims, people lose money but their property is intact. Therefore, companies that rely solely on their CGL policies will have no insurance in these cases.

Directors and Officers Liability insurance (D&O) covers a business’s legal liability for “wrongful acts” of its directors and officers acting within their capacity for the business. A typical policy defines “wrongful act” as including errors, misstatements, misleading statements, acts, omissions, neglect, or breaches of duty actually or allegedly committed or attempted by an individual in her capacity as a director or officer of the insured business.

Directors and officers are subject to lawsuits from many sources, including the entity they work for, shareholders, employees, government entities, competitors, vendors, and other third parties such as consumer groups or groups that represent segments of the population. Leaders of all types of organizations are vulnerable, though the source of a legal claim will vary by the type of entity. Most claims against public companies come from shareholders, while employees file most of the claims against non-profit organizations and half the claims against private companies. Customers and competitors are also frequent sources of suits against private companies.

D&O insurance covers many types of claims, including:

  • A lawsuit by one shareholder against the majority owners, claiming that the company lost money because the majority gave themselves excessive compensation.
  • A key employee leaves one company and joins a competitor as a director. His former employer sues him and the competitor, claiming that he violated his contract and used confidential company information with his new employer.
  • Shareholders sue a company and its directors and officers, claiming that they misrepresented the quality of a potential new product when they sought funding for its production.
  • A shareholder sues the president of a company for failing to promptly notify shareholders of a major pending transaction and for not pursuing litigation against a partner company that did not live up to its agreement.
  • A lender sues a company for allegedly failing to repay a loan
  • Members of a private company’s board of directors are sued for allegedly using their positions for personal gain.
  • The government sues a company for alleged anti-trust activities.

Even though courts dismissed some of these lawsuits, the legal defense costs were still significant; D&O insurance covers these costs. Because all organizations and their leadership are vulnerable to these types of claims, you should work with our professional insurance agents to identify companies that can provide the coverage you need at a reasonable cost. Businesses face many different risks today; consequently, D&O insurance is a necessity.