Recently in Liability Category

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.

If food platter architecture platter 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 a Super Bowel party 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.

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
  

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.

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.

• 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.