Recently in Liability Category

Happy Halloween, folks! Looking for a last minute costume idea? Check out these 9 insurance-related Halloween costumes. While those might be fine for adults, we hope you can be a little more imaginative with your kids.

We're recycling some Halloween safety advice from one of our prior posts:

Any injuries that occur on your property can be considered your liability - whether it's a little Cinderella who trips on her gown or a vandal who breaks his leg while egging your house. If party-goers drink too much alcohol while at your house, you may be held liable for any injuries that occur when they drive home. And if your teen's Halloween "pranks" result in any property damage, you might have parental liability for the cost of that damage, depending on your state law. Other risks you may encounter include vandalism to your home or your auto and home fires triggered by candles and decorations or overloaded electrical outlets.

Keeping kids safe:

  • Equip kids with flashlights. Add day-glo or illuminating trim on their costumes.
    Make sure costumes are fire-safe and flame-resistant.
  • Ensure costumes don't impair vision or present a tripping hazard.
  • Masks can limit visibility - colorful face paints are a cute, creative, and safer alternative.
  • Make sure kids are dressed warmly enough and have comfortable, non-slip footwear.
  • Costume accessories and props should be short , pliable, and soft - no hard, long, pointy, or sharp objects
  • Inspect all candy before kids eat it. Be alert for choking hazards and watch for anything that is loose or unwrapped.
  • Don't let kids walk while eating candy on a stick - very dangerous if they trip.
  • Don't let kids eat homemade treats unless they were made by someone you know very well
  • Stick to familiar neighborhoods and familiar houses
  • Kids shouldn't enter any homes unless they know the neighbors well
  • Kids without adults should keep in groups
  • Walk on sidewalks.
  • Complete one side of the street, cross carefully, and complete the other side.
  • Use cross walks and crossing lights whenever possible.
  • Drive with great caution over the weekend, particularly after dark - excited little goblins may dart out from anywhere.

Other safety matters

  • When decorating, avoid candles - use LED lights and battery-powered lights instead.
  • Take care not to overload electrical circuits with lights.
  • Paper and dried plant decorations can easily ignite. Keep them away from flames, lights, and electrical cords.
  • Keep porches and walkways well lit and free of debris and clutter that might be tripping hazards; Put reflective tape on your steps and along your walkway.
  • Don't forget about your pets - they could be upset by the unusual activity and may be skittish. Keep them inside and away from the door so they don't frighten or nip at your guests.
  • Be careful not to let your pets eat candy, which can be toxic to them.
  • Park your car in a garage, if possible. Mischief makers may egg your house or car.
  • Lock up bicycles, gas grills and other outdoor valuables.

Halloween vandalism can range from "mild" pranks to more serious and willful property damage. A well-lit house and motion-activated lights may help to protect your property. If you have a garage, keep you car locked up. If you don't, you might want to check your car before bed or very early in the morning - that way, if your car has experienced any "mischief" such as a dousing of shaving cream, silly string, eggs, or other food matter, you may be able to hose it away before the sun bakes it in. Some of these substances can cause scratches or dents; others can be corrosive to your paint. Pressurized water from your hose is your best clean-up ally.

Call your agent
If you should suffer any damage to your property or have any accidents during Halloween weekend, file a claim as soon as possible to get the claim process in motion. Be ready with the details of where and when the event occurred, along with the names and addresses of any injured parties or witnesses to the event. If there is damage to your property, report it to the police, take photos, and record the details so you won't forget them later.

This is a guest post by Geoff Gordon, principal at Gordon Insurance Agency, a Renaissance Alliance member agency. It is a post that was previously featured on Geoff Gordan's Commercial Insurance Blog.

This coverage is used to provide liability protection for autos used in your business that are not owned, leased, hired, rented or borrowed by the business. This includes autos of employees and subcontractors that are used on your business's behalf.

Here's an example. A salesperson is on his or her way to an appointment. They drive their own car, not a company car. But on the way to the appointment there's an accident. Somebody was hurt, and the employee was at fault.

Whether your employee has lots of personal insurance or not, the chance of the business being dragged into the lawsuit that is bound to follow is high. Even if you had checked your salesperson's personal auto insurance, but especially if they don't have high limits, the business is probably going to be sued.

Non-owned auto liability is the name of the insurance that will defend the business.

You don't need a fast driving salesperson to need this coverage: in our business there are no company cars. The president drives a personal vehicle, as does every employee. Thus it is for when employees are out there doing bank runs, picking up mail, dropping off papers to customers and other business tasks, while using their own cars and trucks. That is, in non-employer owned vehicles.

Because employees really are your business, and especially while they're driving on business, their driving can be your risk.

Hired Automobile Coverage is its cousin. This coverage is used to protect against liability claims arising out of the use of vehicles leased, hired, rented or borrowed by you, or your employees, while in the course of business. Bear in mind this is liability coverage, and distinct from coverage for damage to the rented or leased vehicle itself. (That is called hired and non-owned physical damage).

This coverage is generally included on a business auto policy when there are company-owned vehicles, but it can be added to most 'package' policies when no business auto policy exists. It is not needed for sole proprietor business owners with no employees, because the business owner is the vehicle owner, and there are no non-owned vehicles.

This coverage is commercial insurance and not available on a personal auto policy. The cost runs from $50 to $125 annually, depending on limits, number of employees, and whether it's part of a business auto policy or a package.

For more on arranging your insurance so that the little things aren't lost in the details, contact your independent agent!

While you most likely have insurance on your home and car -- and you do, don't you? -- you may not be completely covered. If you were the target of a multi-million dollar liability lawsuit, what would happen when your insurance coverage was exhausted? Could you lose your home and all your assets? The answer to the last question, sadly, is yes and that is the point of umbrella insurance policies - they kick in after traditional insurance policies have been exhausted. An umbrella insurance policy helps to protect you from being completely wiped out even if you get sued for an automobile crash or an accident at your home that costs more than your liability insurance company is willing to pay.

Traditionally, these were the choice of wealthy individuals and families, but umbrella policies are gaining in consumer popularity and are increasingly being purchased by the middle class. In this litigious society, a nip from the family hound or a fall on the family trampoline can lead to enormous liability lawsuits that can quickly exhaust even comprehensive insurance policies.

Who should have umbrella coverage? Some experts recommend that anyone with dogs, teenage drivers in the family or high risk yet attractive recreational facilities like pools, trampolines or ATVs should consider an umbrella policy. This handy worksheet from Smart Money (PDF) can help you figure out if an umbrella policy is right for you. We recommend that you talk to your independent insurance agent in the context of your total coverage needs, which should be reassessed periodically. Your agent can help you assess whether such a policy would us right for you and can find the right insurance policy, if so. Sometimes, you can even cover the cost of an umbrella policy simply by raising the deductible on your home or auto policies.

According to the Insurance Information Institute, umbrella policies are typically sold in $1 million increments and cost on average between $150 to $300 a year for the first $1 million in additional coverage. The next million will typically cost about $75 annually and about $50 for every million after that. Most insurance companies will not write one unless you already carry liability insurance of about $250,000 on your auto policy and $300,000 of liability insurance on your homeowners policy.

Just like knowing that you always have an umbrella in the car on a rainy day, an umbrella insurance policy can give you extra peace of mind. In this uncertain world, that might be worth a couple hundred dollars a year.

Looking for some last minute ideas to wow your Super Bowl party guests on Sunday? Why not try your hand at creating a Super Bowl stadium replica from deli meats or from Twinkies? Check the link for a few other samples to give you some creative inspiration.

superbowldeli.jpg

If food platter architecture is a little more than you feel you can tackle (ahem), maybe you might consider something along the lines of a Super Bowl themed cakes, cookies or sandwiches. Also check the Food Network's Big Game Bash page and Winning Super Bowl Recipes from AllYou. We particularly like the look of these football shaped peanut butter swirl brownies.

Have fun, but remember - Super Bowl Fans Don't Let Fans Drive Drunk

Everyone loves a party, but don't let fun run away with you. Our best party tip is to remind you that it's important to be responsible hosts so that you or your guests don't end up in the local headlines on the day after. Rest assured, law enforcement and DUI patrols will be doing double duty to catch impaired drivers. And if you are a party host, you may have liability if your guests drink and drive.

The NFL, the U.S. Department of Transportation's National Highway Traffic Safety Administration, Mothers Against Drunk Driving, and other groups have all teamed up to raise awareness about drunk driving in a Fans Don't Let Fans Drive Drunk campaign. This site offers two guides of safety precautions and tips, one for if you're a Super Bowl party host and the other if you're a party guest at one. In both situations it is important to take precautions for the safety of everybody.

Other safety tips and advice for hosting parties, planning for designated drivers, and more can be found at the HERO Campaign for Designated Drivers.


home_business.jpg

The U.S. Small Business Administration reports that there are 29.6 million small businesses in the U.S. of which 52% are home-based -- and this trend is only expected to increase, according to Network Solutions Small Business Index research. We even have a new word for this vital rising demographic: "homepreneurs" -- but some home-based small business owners make the dangerous assumption that their homeowners insurance will cover their business needs. In fact, it's critical to consult with your insurance rep to understand the limits of your homeowner's insurance in regard to your home business.

For example, many homeowners policies provide a maximum of $2,500 coverage for business equipment (computers, fax machines, etc.) in the home -- while your actual investment may far exceed this figure, so you may need business property insurance to adequately cover equipment and any inventory. Additionally, depending on the nature of your business, you may require liability insurance: "If you are sued because of your home-based business activities -- the company that hired you as a consultant believes your advice was dead wrong; the computer equipment you "fixed" doesn't work; the cookies you baked made someone ill -- your homeowners policy won't protect you." [- How to Protect Your In-home Business].

Finally, you may want to insure against loss of income in the case of fire or natural disaster.

If you are like millions of other home entrepreneurs, your business is too important to risk with sup-optimal coverage; here are some items to consider when consulting with your agent: 

  • Equipment and furniture
  • Inventory
  • Business items belonging to others in your care
  • Accounts receivable
  • Important records, documents and reference material
  • Electronic data
  • Liability for personal injury, products, services and contractual obligations.
  • Auto -- be sure your existing policy covers all business uses
And you may have special considerations for disability, life, and health insurance. Your agent can help tailor your coverage to your specific needs, and protect your important home business. See also, our Small Business Insurance Tool Kit.

If you are thinking of getting a dog, or even if you already have one, it's critical as either a homeowner or renter to check with your insurance agent to establish or review your liability coverage for dog bites and other canine-related injuries. The Centers for Disease Control and Prevention report that every year more than 4.7 million people are bitten by dogs, and last year, the average cost of a dog bite claim was $26,166, according to the Insurance Information Institute -- and costs continue to rise due to growing medical costs and larger settlements.

Most states have strict statutes holding owners directly responsible for injuries or damage inflicted by their dogs (you can check your state's liability statutes here), and some insurance policies exclude dog breeds that are seen as particularly aggressive (see the Top 7 Dangerous Dog Breeds), so in addition to evaluating your ability to care for and properly train a dog, it's vital to make sure you are covered by your policy, and take steps to minimize any risk of dog bite or other injury.

Tips for dog owners seeking homeowner/renter's coverage for their dog(s):


  • Enroll your dog in obedience classes and work on helping the dog earn a diploma or certification

  • Schedule refresher classes for dogs who have already been trained, but are not as attentive as they once were!

  • Neuter male dogs to reduce dominance and aggression

  • Always keep your dogs on a leash and under control during walks

  • If your dog is allowed outside on your property, be sure the area is adequately fenced and protected

  • Never leave young children alone with a dog, and always teach them how to behave safely around dogs

  • If strangers make your dog nervous, be sure to separate them from new visitors in your home

  • To keep canine frustration in check, always make sure your dog is properly exercised, and don't allow them to be exposed to teasing or taunting

Finally, if you are thinking of getting a dog primarily for home protection, be aware that money spent on increased security measures will ultimately be easier, more reliable, less expensive -- and kinder to the animal.

Two common insurance questions we hear: "What's an umbrella policy?" and "Do I need one?"

An umbrella policy is an added layer of liability insurance protection that goes above and beyond your policy's stated coverage limits. This coverage is designed to kick in once any other coverage has been exhausted. Umbrella policies can extend your liability coverage for personal policies, such as your homeowners and auto, and they can also add a layer of liability protection for commercial and business policies. In the commercial arena, umbrella policies may also be referred to as "umbrella liability" or "excess liability" policies.

Your standard insurance policies should provide adequate liability coverage for most situations that would arise, but in today's lawsuit-happy age, an umbrella policy can provide an added layer of protection. Should a problem arise, this secondary coverage would pick up where your primary coverage stops.

The Insurance Information Institute talks more about personal umbrella coverage: Should I purchase an umbrella liability policy?

Financial Web offers more on business liability umbrella insurance: Commercial Umbrella Insurance: is it indispensable for your business?

Just a reminder that this is only a brief informational overview. As with any insurance issue, coverage specifics will vary by policy and by insurer. If you think that you or your business might benefit by umbrella coverage, pick up the phone and have a talk with your independent agent. Be it personal or commercial matters, your agent can help you to plan the best combination of coverages to meet your specific and unique needs, and can also shop around to find the best available coverage at the best price.

For film fans, all eyes were on Hollywood last night as the annual Oscar Award winners were named. For those of us in the insurance business, every year we also wait for another award, one that doesn't get as much public acclaim: the announcement of the year's riskiest film.

~ Drumroll ~

...and the year's riskiest film is: Salt, a film about a CIA agent (Angela Jolie) accused of being a Russian spy. The pick was made by Fireman's Fund Insurance, who ought to know because they underwrite about 80% of the US film business. This includes providing insurance for a star who liked to do her own stunts to liability for damages at filming locations, and everything in between. According Chad Hemenway's report in PropertyCacualty360, action films are always a pricey proposition -- and films with animals also carry a high degree of risk.

In American Agent & Broker, Melissa Hillebrand offers a fascinating behind-the-scenes look at insurance and film-related risks. And for more on insurance matters, Hollywood style, see our post from 2010: Risk, insurance & the movies.


designated-driver.jpg
On average, about 98.7 million fans tune into watch the game on Super Bowl Sunday. If you're going to be hosting or attending a Super Bowl party this weekend when the New Orleans Saints take on the Indianapolis Colts, you should plan in advance for your safety and that of your guests.

The Insurance Information Institute (III) suggests that designating a driver should be at the top of everyone’s super bowl party list. They note that:

"According to the most recent figures from the National Highway Traffic Safety Administration (NHTSA), in 2008, alcohol-impaired-driving crashes accounted for 32 percent of total motor vehicle traffic fatalities. On Super Bowl Sunday (February 3 to 5:59 a.m. February 4), 49 percent of the fatalities occurred in crashes in which a driver or motorcycle rider had a blood alcohol concentration (BAC) level of .08 or higher. Overall, more than 13,000 Americans died that year in crashes involving an impaired driver."

Whether you plan to be a party host or a party attendee, III offers a list of tips and suggestions to help you stay safe. Plus, party hosts have a particular imperative to protect guests. It's the right thing to do - plus, it may protect you from liability.

Here are some additional tips from the Natioanl Highway Transportation and Safety Administration's Fans don't let fans drive drunk program.

Tips for party hosts
If you are hosting a Super Bowl party, remember, you can be held liable and prosecuted if someone you served ends up in an impaired driving crash. To protect both yourself and your guests:

  • Make sure all guests designate their sober drivers in advance, or help arrange ride-sharing with other sober drivers.
  • Serve lots of food—and include lots of non-alcoholic beverages at the party.
  • Stop serving alcohol at the end of the third quarter of the game and begin serving coffee and dessert.
  • Keep the numbers for local cab companies handy, and take the keys away from anyone who is thinking of driving while impaired.
Tips for party attendees
If you are attending a Super Bowl party or watching at a sports bar or restaurant:
  • Avoid drinking too much alcohol too fast. Pace yourself—eat enough food, take breaks and alternate with non-alcoholic drinks.
  • Designate your sober driver before the party begins and give that person your car keys.
  • If you don’t have a designated driver, ask a sober friend for a ride home; call a cab, friend or family member to come get you; or stay where you are and sleep it off until you are sober.
  • Research and use a local Sober Rides program.
  • Never let a friend leave your sight if you think they are about to drive while impaired.
  • Always buckle up—it’s still your best defense against other impaired drivers.

Additional resources
Drunk Driving Laws by State

If you are one of the more than 8 million households fortunate enough to have a private swimming pool on your property, responsibility for safety comes with the privilege. Each year, 280 children under 5 years old drown every year in swimming pools across the country. For children aged one to fourteen, drowning is the second-most common cause of accidental death. Even if you don't have children, be aware that about a third of all child pool deaths happen at pools where the owners have no children.

The Pool Safety Council offers these tips to keep kids safe:

  • Nothing is more important to the safety of a swimming child than the eyes of attentive parents.
  • Keep a landline phone near the pool, so that if there is an emergency you can call 911 and the operator will be able to instantly trace the call and send help.
  • Surround your pool with four-sided fencing and a gate that locks.
  • Never leave children unattended in or near the pool. Drowning takes only a few seconds.
  • Even when there is a group of adults present, make sure one is dedicated to keeping an eye on any children in or near the pool. Giving one person that responsibility makes it far more likely potential problems are noticed right away.
  • Make sure your pool is outfitted with approved safety drain covers and an anti-entrapment device to prevent drain entrapment, the often deadly tragedy of a swimmer becoming trapped by a pool drain's suction. Public pools are required to adopt anti-entrapment measures by law, but PSC encourages private pool owners to follow suit.
  • Take a CPR class to ensure potential drowning victims do not have to wait for paramedics to arrive.
  • When not in use, keep hot tubs covered and locked.

This is the first summer that the Virginia Graeme Baker Pool and Spa Safety Act will be in place since the law's enactment in December. This law is designed to prevent the tragic and hidden hazard of drain entrapments and eviscerations in pools and spas. Between 1999 and 2008, there were 83 child entrapment incidents reported to the CPSC, including eleven fatality reports, one of them being the one that took 7-year old Virginia Graeme Baker's life in 2002. Under the law, all public pools and spas must comply with federal standards, which is great - but bear in mind that the accident that took Virginia's life happened at a private home. If you are a private pool owner, you may want to voluntarily comply with these standards, too - this news article provides compelling evidence for why.

Additional resources
Pool - spa safety and drowning prevention
Virginia Graeme Baker Pool and Spa Safety Act
National Drowning Prevention Alliance


Check your insurance coverage
In addition to talking every possible safety measure, pool owners also need to ensure that they are adequately covered against any potential risks. If you have a pool or hot tub or are considering adding one or the other, be sure you talk to your agent to ensure that you have appropriate coverage. Here's some advice from the Insurance Information Institute about swimming pool coverage:

Let your insurance company know that you have a ool, since it will increase your liability risk. Pools are considered an "attractive nuisance" and it may be advisable to purchase additional liability insurance. Most homeowners policies include a minimum of $100,000 worth of liability protection. Pool owners, however, may want to consider increasing the amount to $300,000 or $500,000.

You may also want to talk to your agent or company representative about purchasing an umbrella liability policy. For an additional premium of about $200 to $300 a year, you can get $1 million of liability protection over and above what you have on your home. This would also provide added liability protection when you drive.

If the pool itself is expensive, you should also have enough insurance protection to replace it in the event it is destroyed by a storm or other disaster.

Agent Gurus