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Business Protection Bulletin

SOCIAL MEDIA PRESENTS SPECIAL RISKS TO BUSINESSES

By Business Protection Bulletin

When just about any business these days is deeply involved with social media, it is apparent that these sites and tools have become mainstream. Indeed, it is hard to imagine that their use will not grow in coming years. They bring businesses to the places where their customers are and enable conversations. However, as with anything, the use of social media comes with risks of which every business should be aware.

The great thing about social media is that a business’s customers can talk about it. The bad thing about social media is that a business’s customers can talk about it. When they’re happy, social media is a boon, but when they’re not, it can be a public relations nightmare. A disgruntled customer can post a negative comment on Twitter or Facebook at 3:30 p.m. on a Sunday, and by 4:00 p.m. a few million people might have seen it or passed it on. There is little a company can do to control the spread of this kind of message.

A major concern with social media is that a business might unintentionally violate local laws and regulations, since messages on Facebook and similar sites spread all over the world. Among the areas of concern are:

  • Advertising — Businesses might land in hot water if statements on social media sites are false or misleading, if they improperly influence bloggers to write favorably about their products, or if they improperly use user-generated content.
  • Defamation — Not all countries defer to free speech rights to the extent the United States does. A statement that U.S. law might not consider defamatory might be just that under the laws of another country.
  • Privacy — Social media sites are easy to use. With little effort, employees can publicly reveal trade secrets, information about products under development, troubles within the business, or even private information about employees.
  • Employee use — Employees can create a “hostile work environment” (as U.S. law defines that term) by making inappropriate and derogatory posts about their colleagues.
  • Securities disclosure — If employees post information that could appear to be an attempt to manipulate financial markets or that appears to be insider information, securities regulators may take action against the company.

There are a number of steps a business can take to manage social media risks, including:

  • Developing and enforcing a company policy for using social media
  • Designating an individual as the point person for social media
  • Learning the requirements of every country’s laws and regulations
  • Reviewing insurance policies with an eye toward social media risks and purchasing additional insurance to fill in gaps

Social media sites and tools are important ways for a company to market and brand itself. However, they must be used with care and forethought. With the proper controls in place, a company can reap the benefits of social media while minimizing the risks.

GET THE PROTECTION YOU NEED BY PURCHASING BUSINESS INSURANCE

By Business Protection Bulletin

Most business owners would agree that it’s important to maintain insurance to protect business assets. When they think about insurance, business owners generally consider protection against hazards such as fire, flood or theft at their company sites. This is obviously an important protection to have. However, there are other types of hazards that may not be quite as high on the list, but protection could be every bit as important to offset significant financial losses. Here are five examples that underscore the need for comprehensive business insurance protection:

Company vehicle contents: If you operate a business with employees on the road making service calls to customers, chances are there is valuable equipment contained in the company vehicles. But a typical auto insurance policy would probably not cover the contents of a company vehicle if that valuable equipment is lost or stolen.

Tenant property improvement insurance: Do you rent space to conduct your business? Have you built out the interior of your space or made improvements to accommodate your business needs? If so, you probably made a considerable investment in the improvements. But many property insurance policies don’t include the value of the improvements made by a tenant to the existing structure. If you’ve invested in improvements, it’s worth taking a look at securing coverage to protect it.

Home-based business equipment: More and more people are working at home at least part of the time, even if they maintain an office or site elsewhere. Most don’t have insurance on the business equipment they keep at home; many assume their homeowner’s insurance would cover it. However, homeowner’s insurance generally does not cover business equipment. If you have expensive business equipment at home, you may want to consider purchasing additional protection.

Business interruption insurance: Remember the series of hurricanes that hit Florida? The wild fires that damaged cities and towns in California? The flooding that disrupted life in the Midwest? In addition to the effect that disasters have on individuals, they can bring businesses to a standstill for weeks or even months. Business interruption insurance can provide a way to get back on your feet.

Key person insurance: In many companies, the knowledge and skills of a single person or a top few are absolutely essential to the enterprise’s success. Key person insurance can help a company recover if an essential employee dies or becomes disabled for a lengthy time. The coverage can provide needed funds that allow the company to continue operating during a search for a successor or until the key employee returns.

As you can see, there are many hazards businesses face that aren’t covered under a typical insurance policy. However, you can get extra protection with the types of coverage outlined here. Since you invest so much time, money and effort into your business, it pays to make sure you have the protection you need. Call us for a consultation today!

BE PROACTIVE TO PREVENT CYBERCRIME AT YOUR BUSINESS

By Business Protection Bulletin

Legendary bank robber Willie Sutton supposedly said that he robbed banks because that was where the money was. Many small business owners follow this logic when it comes to computer system security. They believe that people who rob with a mouse and a keyboard rather than a gun target large corporations, because those businesses have the most money. This leads them to the misguided belief that cybercriminals will not bother them. In fact, the NACHA – The Electronic Payments Association – reports that Eastern European criminal syndicates have targeted small businesses precisely because they have allowed themselves to become easy marks.

Experts in the field estimate that one in five small businesses do not use antivirus software, 60% do not encrypt data on their wireless networks, and two-thirds lack a data security plan. This failure to take precautions makes a small business easy pickings for computer hackers. However, there are several things business owners can do to protect themselves.

  1. Use two-factor authentication. This is a mechanism that requires the user to do more than one thing for authentication. It ordinarily has two components — one thing the user knows (such as a password), the other a randomly generated number that the user must input. The number comes from an electronic token card, which generates a new number every few seconds. If the user enters a number that the system is expecting, the system will authenticate the user.
  2. Inoculate systems against the Clampi Trojan virus. This virus resides on a computer, waiting for the user to long onto financial websites. It captures log-in and password information, relays it to servers run by the criminals, instructs the computer to send money to accounts that they control, or steals credit card information and uses it to make unauthorized purchases. The trojan monitors more than 4,500 finance-related websites.
  3. Be on guard against “phishing” e-mails and pop-up messages. These messages purport to be from legitimate businesses with which the recipient does business. They ask the user to update or verify information, often threatening negative consequences if she fails to do so. Clicking on the links in the messages brings the user to an authentic looking Web site. However, it is actually bogus; the site collects personal information that the collector can use to steal the user’s identity. System users should ignore these messages.
  4. Arrange for financial institutions to alert the business owner should they spot unusual activity involving the firm’s accounts.
  5. Install firewalls and encryption technology to block uninvited visitors from uploading to or retrieving data from the firm’s servers and to protect data sent on public networks. Intrusion detection systems can inform the business owner of attempts to hack into the network.
  6. Be cautious about opening attachments to e-mails, especially if the sender is someone unfamiliar to the user. Attachments may contain viruses or Trojan horses that can steal login information and passwords or corrupt a system.
  7. Protect against intrusion by disgruntled former or current employees. Deactivate passwords for former employees, erect barriers to keep employees from accessing systems unrelated to their jobs, and implement sound accounting procedures for financial transactions.

In addition to these safeguards, small businesses may want to consider purchasing computer fraud and employee theft insurance. These policies will protect the business against those losses that still occur; insurance companies are likely to offer favorable pricing to businesses that take precautions against cybercrime. One of our professional insurance agents can give advice on the appropriate types and amounts of coverage. Modern technology gives businesses unprecedented abilities, but it also presents significant risks. Every business owner must take steps to keep the cybercriminals out.

BEWARE OF YOUR INSURANCE RISK WHEN LAYING OFF EMPLOYEES

By Business Protection Bulletin

One of the most difficult aspects of running a business is the hiring and firing of employees. In particular, firing or terminating an employee can be a complex issue regardless of the circumstances involved. Proper handling is necessary in order to prevent the employee from harboring hard feelings against the company. Furthermore, in this situation the employee may develop a plan to find employment elsewhere. It is imperative for the business to handle the termination delicately to prevent the worst from happening, namely a lawsuit filed against the company by the ex-employee.

Even for businesses that use “at-will” employment, this risk is not fully alleviated. “At-will” employees are just as dangerous as contracted employees.

When either the employee or the company can terminate employment at any time and for any reason, unless that reason is illegal, the phrase “termination-at-will” is used to describe this situation. This clause is important protection against the potential lawsuit of the employee. That does not mean that employers can let their guard down, however. In the jurisdictions where termination-at-will applies, employers need to tread very carefully to avoid putting the employee’s at-will status in danger. An example application of this principle would be if the employer gave the employee verbal assurances that their job was secured. If the employee is later fired, this could be grounds for a lawsuit, since the verbal assurances directly contradicted their at-will status.

If performance issues are at the forefront, the employer cannot simply fire the employee. First, they must schedule a comprehensive evaluation meeting with the employee and go over exactly where the employee is failing to meet their standards and what can be done about it. The two key components of this meeting must be a set of goals that the employee considers attainable and a reasonable timeframe in which to achieve those goals. Crucial to the success of this meeting is the understanding that the employee will be terminated if they cannot meet these goals within the timeframe.

It cannot be emphasized enough that this is the key protection the company has against a lawsuit. To finalize this protection, an action plan that documents the goals and the timeframe must be created and signed by both the employee and the employer. Until the goals are met or until it becomes clear that the employee cannot or will not meet them, the employer must monitor the employee’s progress. Satisfying these constraints provides firm legal ground for the termination of an employee, since that termination can be shown to be fair and the last resort.

Aside from job performances, the other two issues affecting termination lawsuits are termination based on misconduct and termination based on layoffs. If misconduct is at the forefront, the employer needs to marshal evidence that they did, in fact, conduct a thorough and unbiased investigation of the employee’s conduct. This investigation must be of a fact-finding nature that determines whether the employee violated any behavioral conduct standards. The employer must avoid trying to find out if the employee violated the law; only possible violations of company policy are the purpose.

When an employee is laid off, the layoff procedure must comply with the stipulations of the Worker Adjustment and Retraining Notification Act or WARN Act or the Older Workers Benefit Protection Act or OWBPA. Companies with 100 or more employees are subject to the constraints of the WARN Act. There is a time limit associated with the WARN Act: they do not cover employees who have worked less than six months at the company, or employees that work fewer than twenty hours per week.

If the worker is laid off due to age-related concerns, the employer must seek an agreement from the employee that the employee will not sue for age discrimination. Under the OWBPA, there are stringent constraints for age discrimination claim waivers. Previous court cases have handed down rulings that these stipulations are unqualified and meant to be applied exactly as written.

Contact our office today for information about the Business insurance products that can help to protect your company against employment-related risks.

This article should not be relied upon as legal advice. Please consult with an attorney familiar with the issues and laws of your state before taking any action.

COPY MACHINES: AN IDENTITY THIEF’S DREAM-COME-TRUE

By Business Protection Bulletin

It’s hard to believe that the copy machine just recently celebrated its 50th birthday. There’s no question that these popular technological devices have proven to be worth their weight in gold for countless consumers and businesses. From copying to scanning and even e-mailing documents, copy machines are a must-have for most modern day companies.

However, there’s a secret lurking inside the common copy machine that has identity thieves across the nation salivating. Nearly every copier that was built since 2002 includes a hard drive. This relatively small unit, hidden inside the copy machine, stores an image of every single document scanned or copied by the machine.

An identity thief’s dream
Most copiers store up to 20,000 document images, which might include Social Security numbers, birth certificates, bank records, income tax forms, medical records, and other valuable information. In other words, these hard drives contain the type of data that identity thieves are itching to get their hands on.

Perhaps even more frightening is this fact: Anyone can easily buy used copiers from office supply vendors. Oftentimes, a used copier that initially cost thousands of dollars is sold for just $300 or less. Quite a few vendors sell these used copiers to overseas buyers.

Most sellers do not erase the hard drive before selling a used copier. That means the buyer gains immediate access to all the invaluable information stored on the hard drive for just a few hundred bucks. With a special device, an identity thief can easily scan and download all the document images stored on this hard drive.

However, an identity thief doesn’t even have to buy the copier to gain access to the profitable data inside. He could simply hack into the office copier’s hard drive to get his hands on the wealth of information stored there.

Understanding the risks
Unfortunately, most of the general public is completely unaware of the potential risks associated with copy machines. A recent study revealed that 60% of Americans do not even realize that copiers store images on a hard drive.

Luckily, there are ways to combat the threat of identity thieves stealing data from copy machines. Some copy machine security companies have the ability to “scrub” or delete all of the info on copy machine hard drives before a business gets rid of the copier.
Additionally, some new copy machine models include a feature allowing users to erase images from the copier’s hard drive automatically. This extra feature typically costs about $500. It could be worth the added expense. After all, this feature could end up saving you thousands of dollars in identity theft damages.

UNDERSTANDING WORKERS COMPENSATION DEDUCTIBLE PLANS

By Business Protection Bulletin

Insurance deductibles are a common feature for property coverages such as Comprehensive and Collision coverage on an auto, or coverage on a building or personal property. They are less common for coverages applying to bodily injuries. However, some employers are finding that Workers Compensation deductibles make financial sense for their organizations. The options vary from state to state and among insurance companies; before deciding whether to accept a deductible program, a business should learn the alternatives and the consequences of each.

Small deductibles are those ranging from $100 to $10,000 or more, depending on the particular state’s laws. They might apply to medical benefits, indemnity benefits (which compensate an injured worker for lost wages), or both, again depending on the laws of the state. For example, Colorado law permits small deductibles of $500 to $5,000 applied to both types of claims, while Hawaii allows $100 to $10,000 applied only to medical benefits. Some states, such as Hawaii, require insurance companies to offer small deductibles, some require them to offer deductibles upon the employer’s request (Pennsylvania), and others require an offer only if the insurance company determines that the employer can handle it financially (Colorado). The employer receives a small premium discount. Depending on state law, insurance companies may report losses to rating bureaus on a “gross” basis (not reduced by the deductible) or on a “net” basis (reduced by the deductible). The amount reported impacts the employer’s experience modification.

Some insurance companies offer “medium” deductibles, which range from $10,000 to $75,000. No states require the companies to offer these plans; employers who want them must negotiate them with the companies.

Large deductibles are those of $100,000 or more per claim. Some states limit the types of employers that can buy large deductible programs, usually by standard premium size (for example, Florida requires a minimum premium of $500,000). States may also set the minimum deductible on either a flat dollar basis ($100,000 per claim in Florida) or on a percentage basis (40% of standard manual premium in Alabama). While the employer is in effect self-insuring some claims, the insurance company performs the actual claim handling, pays the amounts due, and bills the employer for reimbursement. The policy may include an aggregate deductible which is the most the employer will pay for the policy term, regardless of the number of claims. Some large deductibles make the employer responsible for some or all allocated expenses, such as the cost of legal counsel. This arrangement gives the employer some control over choice of counsel and claim settlement.

To ensure that the employer under a large deductible plan will be able to pay the reimbursement, the insurance company requires the employer to put up security. The company may require the employer to set up an escrow account with a balance large enough to cover a few months’ estimated average claims. It may also require the employer to obtain a bank letter of credit, guaranteeing that the bank will honor the employer’s checks. Like an insurance policy, a letter of credit is a promise of future performance with no up-front expenditures, so the amount guaranteed may be the predicted loss amounts for the entire policy term.

Deductible plans can improve employers’ cash flow, reduce their insurance premiums, provide increased tax deductions, and give them more control over their Workers Compensation costs. However, they are appropriate only for employers that can afford the potentially large cash reserves required. Any employer contemplating a deductible plan should implement an effective workplace safety program — and consult with our professional insurance agents who can identify and explain the alternatives.

PROTECT YOUR BUSINESS WITH A POLLUTION LIABILITY POLICY

By Business Protection Bulletin

In April 2010, an oil drilling rig owned and operated by Transocean Ltd. exploded and sank in the Gulf of Mexico. The accident killed 11 people and set off a massive oil spill, causing catastrophic damage to marine life and imperiling coastal areas in four states. Transocean was operating on behalf of the giant energy corporation BP, who owned the rights to the oil field where the rig was located. BP came under intense criticism from the president, Congress, and the public for what was perceived to be inadequate safeguards to prevent the disaster. The companies involved in the incident might have legal liability for economic damages and clean-up costs totaling billions of dollars.

Most U.S. businesses are not drilling for petroleum in an important waterway, but they could still face similar loss exposures on a smaller scale. Millions of companies have fuel storage tanks above or below ground, or transport fuel or chemicals. Manufacturers use a variety of toxic substances in their operations. If any of these substances leak into the land, water, or air, the companies might be responsible for remediation costs and damages. If these companies do not have the right insurance, these costs could drive them out of business.

The standard Commercial General Liability (CGL) insurance policy does not apply to most accidents involving pollution. It does not cover injuries or damages caused by the escape of a “solid, liquid, gaseous or thermal irritant or contaminant,” nor does it cover any costs the business insures because it was asked or required to clean up the contamination. There are some exceptions; for example, the policy covers a contractor if fuel or fluids leak from construction machinery brought to a job site. It also covers injuries or damages caused by heat, smoke, or fumes resulting from an uncontrollable fire. However, the insurance companies that offer this policy do not intend to cover incidents similar to the gulf oil spill.

Some companies offer a Pollution Liability policy that fills much of the coverage gap. It covers injuries or damages caused by an ““emission, discharge, release or escape of pollutants into or upon land, the atmosphere, or any watercourse or body of water.” It defines pollutants in the same terms as does the General Liability policy. One significant feature is that it is a “claims made” policy; it covers pollution incidents that occur on or after a date specified in the policy (called the “retroactive date”) and for which claims are made during the policy term. For example, if the policy has a term of January 1, 2010 to January 1, 2011 and has a retroactive date of January 1, 2007, it will cover a claim made in May 2010 for an incident that occurred in August 2008. It would not cover a claim for an incident that occurred in August 2006.

Because so many types of businesses use potentially toxic substances (paints, oils, printer chemicals, etc.), the pollution liability exposure is not limited only to manufacturers and energy companies. All business owners should consult with our professional insurance agents to identify their vulnerabilities to pollution claims and ways to handle them — before a loss occurs.

DOES YOUR BUSINESS NEED A SPECIALIZED POLICY TO INSURE AGAINST DATA SECURITY BREACHES?

By Business Protection Bulletin

By the end of 2009, 45 states, the District of Columbia, and two U.S. territories had enacted laws requiring notification of security breaches involving personal information. New York’s law is typical. It requires businesses that own or license computer data that includes private information to disclose any security breach of the system to any state resident whose private information the business believes was accessed without authorization. The businesses must provide the notice by mail, phone or e-mail as soon as possible after discovering the breach, inform the state government of the notices, and inform consumer reporting agencies if the breach affected more than 5,000 residents.

Notifying the victims is only one part of the costs businesses that suffer security breaches can expect. They might face lawsuits from the victims, fines from regulators, and serious harm to their reputations. Lockton International has estimated the cost of a security breach to be $15 per person affected. Lockton issued a paper in 2010 that discussed several ways that businesses can avoid cyber attacks and handle those that do occur, including:

  • Assemble a multifunctional team to identify cyber risks and develop plans for preventing attacks. The team should include individuals responsible for legal compliance, risk management or insurance, information technology, procurement of vendors, and operations.
  • Comply with applicable federal and state laws and regulations, including HIPAA (which applies to security of private health information) and the Gramm-Leach-Bliley Act (which applies to private financial information.)
  • Manage vendors that have a high risk of data security breaches, including payroll companies, credit card processors, and accountants. Require them to meet legal and industry standards, obtain insurance against security breaches, and indemnify the business from related losses.
  • Manage the people as well as the system. Train and educate employees on system security, monitor them for poor security practices and possible malicious acts, and verify that they have not installed unauthorized software that would increase vulnerabilities in the system.
  • Regularly test the system and repair security problems. Perform internal tests, external system penetration tests, scans for viruses and other malware, and evaluate work processes.
  • Encrypt private data on the network, while it is being e-mailed or transferred another way, and while it is on laptops, smart phones, and other mobile devices.
  • The team should develop a plan for effectively responding to security breaches.

As more businesses become aware of their exposure to data losses, insurance companies are beginning to offer specialized policies to cover these incidents. An electronic data liability policy covers a business’s liability for damages resulting from accidents, negligent acts, errors or omissions, or a series of these, leading to a loss of electronic data. Coverage applies to claims made during the policy period for losses occurring on or after a date specified in the policy. Another policy offered by specialty insurers covers a business’s lost income and extra expenses resulting from harm to its reputation after a security breach.

Most businesses and organizations today have some exposure to loss from cyber risks. Just as they try to prevent fires, car accidents, and workplace injuries, businesses must make preventing data security breaches a standard part of their operations. Speak with our professional insurance agents about the insurance you might need when breaches occur. With proper loss control and the right insurance, a business can survive a cyber attack.

IN A HIGH-TECH WORLD, BEWARE OF INVASION OF PRIVACY PRACTICES

By Business Protection Bulletin

A school district near Philadelphia is facing lawsuits and possible criminal action because school officials remotely turned on students’ laptop computers and watched students in their homes. An interest group that focuses on Internet issues recently reported that employers are not paying enough attention to the privacy and security risks posed by employees who telecommute. Researchers at Rutgers University have warned that smart phones, such as Blackberries and iPhones, are vulnerable to a computer virus that records the user’s location, movements, and even conversations. Modern technology has enhanced our lives and made us more productive, but it also puts users at risk of having their privacy violated, and businesses at risk of invading others’ privacy, even unintentionally.

Businesses and other organizations can avoid the predicament facing the school district by asking some simple questions:

  • Why is the organization collecting this information and how does it expect to benefit? Does the data meet a legitimate business or operational purpose? How important is it that the organization have this information? The school district argues that, since it owns the students’ laptops, it has an interest in locating laptops its employees believe were stolen. Parents and others argue that the school has no right to watch students when they are off school property. Businesses frequently ask customers for data such as Social Security numbers and telephone numbers, but unless this data is essential to delivering services, it might be better to not ask for it.
  • What data does the organization want to collect and what type of information might it collect unintentionally? The school district wanted to monitor potential theft of the laptops. By activating the computers’ webcams, however, the district could have captured images of the students during private moments. Businesses legitimately use security cameras to watch for threats to people and property. Although most of the images they capture are of little interest, the cameras could catch people off guard.
  • What could go wrong if the organization collects the information? All information stored on computer networks is vulnerable to potential theft from individuals inside and outside the organization. If hackers obtain customer credit card information, the organization could face lawsuits from those whose information was stolen. School district employees might face criminal prosecution if authorities believe they violated the law.
  • Is the organization informing customers and employees of its actions and looking at alternative approaches? Businesses often post signs informing customers that they are using security cameras. The school district could have considered other ways of tracking stolen laptops, such as by using GPS technology.
  • What obligations will the organization assume by collecting the information? Federal and state laws require special protections for sensitive employee and customer data, such as birth dates, Social Security numbers, and personal financial information. Even where statutes do not apply, organizations may have common law obligations to protect data.
  • If you had to justify the data collection in court or to a customer, would you be able to? People might have trouble understanding why the school district felt that watching students in their homes secretly was appropriate. A court might decide that a museum’s collection of members’ Social Security numbers was unnecessary.

Even when organizations use good judgment and take precautions, data loss can occur. To prepare for this possibility, discuss these issues with one of our insurance agents to determine whether you have the right coverage. Sound loss prevention practices coupled with adequate insurance will help your organization take advantage of technology while protecting yourself, your employees, and your customers.

GUARD AGAINST COVERAGE EXCLUSIONS IN YOUR LIABILITY POLICY

By Business Protection Bulletin

Liability insurance is essential for protecting a business against losses caused by injuries or damages the business causes to others. As at least one contractor and a project owner found out, however, the extent of the coverage the policy provides is extremely important. A policy that does not provide the needed coverage is worthless to that business, but a court might find that even a worthless policy is legitimate.

Fort Washington Avenue Owners Corp. hired DNA Contracting to renovate its property. DNA, a general contractor, hired Rauman Construction Co. to do the masonry and roof replacement parts of the project. The contract between DNA and Rauman required the roofing company to obtain Commercial General Liability insurance and to have the policy name both Fort Washington and DNA as additional named insureds. Rauman had an insurance policy provided by Utica First Insurance Co., and the insurance company added the two additional insureds as the Rauman requested. In March 2007, a concrete block fell on one of Rauman’s employees and injured him. The worker sued Fort Washington for his injuries, citing its obligations under New York State Labor Law. Fort Washington notified Utica First of the claim and requested coverage, since it was an additional insured under Rauman’s policy.

However, Utica First denied the claim. It said that provisions in its policy meant that the insurance did not apply to:

  • Injuries suffered by any employee of an entity insured under the policy, to any contractor hired by an insured entity, or to any employee of a hired contractor, if the injury arose out of that person’s employment.
  • Injuries or damages arising out of roofing operations, including roof replacement or recovering of an existing roof.
  • Injuries or damages for which the insured entity was liable because it had assumed the liability under a contract.

The claim involved an employee of Rauman, an entity insured under the policy; it arose out of Rauman’s roofing work; and it involved liability that Rauman assumed in its contract with DNA. Consequently, Utica First said that its policy did not apply to the claim. Fort Washington sued Rauman, demanding that Rauman compensate it for its costs. It also sued Utica First for coverage under Rauman’s policy. Utica First argued that its insurance did not apply because of the provisions regarding employees and roofing operations. Fort Washington argued that Utica First’s insurance coverage was illusory and against public policy, since it did not provide coverage necessary for a construction project.

The court disagreed. It said that public policy prohibits insurance companies from limiting their coverage to less than that required by law. Although noting that “the exclusions buried within (the policy’s) terms rendered it inadequate for the purposes intended,’ the court said that the policy “violated no regulation or statutorily declared public policy regarding the contents of an insurance policy.” It went on to say that “the issuance of this worthless policy” did not directly violate the public policy objective of the state Labor Law, which was to protect construction workers. It acknowledged that the lack of insurance rendered that protection hollow, but since the state legislature had not enacted minimum requirements for Construction insurance, the court could not impose them. The applicable rule in this case, the court said, was “let the buyer beware.”

Contractors should be very careful when selecting insurance companies and policies for purchase. A policy that does not provide necessary coverage can leave a contractor in breach of contracts and uninsured for liabilities that may run to hundreds of thousands of dollars. The best advice: Examine offered policies thoroughly and reject any that leave coverage holes as large as this one did. That’s where we come in: As your insurance agent, we will assist you in examining the intricacies of your coverages with you in order to ensure that they meet the needs of your particular situation.