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     VOLUME 29         ISSUE 4
August/September, 2001       
 

Virus attacks. Industrial espionage. Intellectual property and copyright infringement. The Internet, and especially e-commerce, has introduced whole new categories of risk. Add to these the list of existing risks that the Internet has amplified: business interruption, libel, inability to fulfill orders, and technological errors & omissions. With more and more companies engaging in e-commerce (despite what you might've heard about the dot-bomb phenomenon) these and other risk categories have challenged the insurance industry to provide appropriate coverage.

According to a survey conducted by the Computer Security Institute and the FBI, computer crime cost businesses and the government nearly $378 million in 2000, a 42% increase from 1999. Another recent survey found that while just 13% of respondents are currently engaged in e-commerce, another 47% expect to in the next three years.
Most business insurance policies such as Commercial General Liability have adapted to Internet risks with new policies. While some have paid Internet-related claims, others are beginning to exclude them. With little or no historical precedent, insurers are refining their roles and the products that they provide.

Insurance will respond as Web-based risks emerge and evolve. Some agencies are offering insurance together with computer security
services. This benefits both insurers and businesses by minimizing business interruption downtime and costs.

If your company is conducting business on the Internet, or if you have information that's vulnerable to a Web-based attack, call us for a policy review to see if you're covered for specific cyber-risks.

Don't Let a Blackout Wipe You Out

Even before the peak usage period of summer, power outages were already occurring in various regions of the U.S. Unfortunately, they will continue as the country heats up over the coming months, leaving companies and households vulnerable to data loss, equipment failure, and other damage.

Potentially more damaging than the interruption of power is the surge or peak of power that occurs when it's restored. Here are some tips for protecting your office:

  • Put It in Writing. Be sure to institute written procedures - including emergency contact information - for power outages before they occur and post them in an easily accessible area.
  • Install Circuit Protection. Protect all incoming sources of power with circuit breakers. Properly installed, these will interrupt power transmission in the event of a surge, before such a surge can damage equipment. On a smaller scale, be sure to plug all sensitive electronic equipment into surge-suppressing multi-outlet strips.
  • Unplug. When you experience a power interruption, unplug all sensitive equipment or, for equipment hard-wired to your building, set its circuit breaker to the "off" position. When power is restored, restart your equipment one machine at a time.
  • Get Back-up Power. If your company can't afford an interruption, consider back-up generators. Consult a dealer for your particular application, power requirements, and specifications.
  • Know What to Protect. Computers probably aren't the only sensitive devices you should concern yourself with. Don't forget telephone and fax equipment, local area network hardware, security, and home entertainment systems.

Be prepared. Like it or not, blackouts and brownouts seem likely to occur. You can help minimize the damage to your office equipment by observing these important precautions.

Advances in technology, while liberating in their convenience, can often create unexpected headaches. E-mail is a great time and money saver, but it can present problems. Among them is the issue of privacy: Can an employer read an employee's e-mail?

Some employers would like to safeguard their businesses by monitoring e-mail messages sent and received by employees on company-owned computers. Employees are concerned about their right to privacy. History repeats itself. These questions were raised long ago, regarding employees' use of company mail and, later, company telephones.
In a significant decision Judge Anita B. Brody of the U.S. District Court in Philadelphia gave a narrow interpretation of federal law. Her March 2001 decision ruled that employers may retrieve employee e-mails as long as the addressee has already read the communication.

Other federal district courts have rendered apparently conflicting verdicts. The Richard Fraser vs. Nationwide Mutual Insurance Co. decision appears to give employers the right to retrieve e-mails after they've been sent without fear of an employee lawsuit. This decision can be significant when an employer seeks evidence in situations involving suspected leaks of trade secrets, non-compete covenants, or sexual harassment complaints.

E-mail and Internet access policies are important for employers. Without a policy notifying employees that their e-mail is subject to retrieval and establishing parameters of Internet and e-mail use, the employer exposes their business to violation of privacy claims.

Opening a florist, restaurant, hotel, or newsstand? Whether you think your business contributes to toxic environmental waste or not, you might find yourself liable for environmental exposures. Though you should conduct a careful site analysis prior to starting any business, you might sometimes miss indiscretions of past occupants.

Any new business can find itself in the unfortunate circumstance of having to share responsibility for the cleanup of toxic waste on its site. Not possible? What if your chosen location was a gas station in the 1950s, with long-buried tanks now seeping chemicals into the soil? You could find yourself partially responsible for their removal and site cleanup. To prevent this, be sure to run a comprehensive title search on any property before you lease or purchase it.
Additionally, Environmental Liability insurance can help protect against such unexpected expenses as lawsuits, loss in property value, construction delays, and business interruption.
Call us. We can help by putting you in touch with a pollution liability expert to guide you through the technical complexities.

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Hand in the Till

Dishonest employees devise numerous schemes to dip into an employer's pocket - but here's a new one. An office manager accepted several thousand dollars in personal long distance phone charges and removed the itemized charges from the individual bills before submitting them to the employer for approval. The company eventually paid the total monthly bill, wiping out any chance of detection.
Employee Dishonesty insurance offers strong protection against the probability of an employee going bad and hurting a business financially. Employers often don't discover crimes until years after significant sums of money or property have gone out the door.
Adequate employee Health insurance can help protect against embezzlement or theft. The serious illness of an employee or one of their family members can be a major factor contributing to dishonest activities.

 

The Value of Experience

In the tightening U.S. economy employers are reining in expenditures. As with every other aspect of their businesses, they're taking a hard look at the value of employees. Where the wild growth of recent years spurred some companies to new heights of experimentation and risk taking - including hiring fresh talent straight out of school - the new economic environment is placing renewed value on the assets that older employees possess.

Employers should seek the varied experiences of older employees, a general well roundedness that's perceived as an ability to be flexible and adaptable to various responsibilities. It's an indication of an employee's stability. They might be less likely to abandon their position after a brief tenure, thus reducing turnover.

In these trying times, don't overlook the value of the experience that older employees might bring to your company.

 

Health Costs
on the Rise

Employers can expect no immediate relief from growing health costs, reflected in employee Health insurance premiums. Health benefit premiums will rise an estimated 11%-13% this year, on top of a similar increase in 2000. Prescription drug costs rose 20%-30% last year, which contributed to rising Health insurance premiums. Until drug costs stabilize, Health insurance premiums will continue to grow. Contact us to make sure you're getting the most out of your Health benefit investment.

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COPYRIGHT ©2001. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is under-stood that the publishers are not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert advice is required, the services of a competent professional should be sought.

 
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This article is reproduced, with permission, from the "Business To Business" newsletter published by Insurance Marketing and Management Services (IMMS). For more information on IMMS and the online Newsletter Plus program, visit the IMMS Web site (http://www.imms.com) or call 800-753-4467.

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