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| VOLUME
28 ISSUE
5 |
October/November
2000 |

Traditional insurance policies don't always cover
new risks such as Internet commerce. Many weren't designed to
cover trademark violations in domain name registration or problems
with customer-data privacy. Web sites can collect all kinds of
personal data, but so far, the legal boundaries are murky on the
use of personal information. Law-suits can and do arise out of
the new Internet medium.
It's not a safe course to rely on your existing
policy for Internet problems. The courts have often been called
to decide whether existing policies cover new risks and they may
decide against coverage under a policy you're relying on. The
best protection is an e-commerce insurance policy that's designed
to meet Internet exposures head on.
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The Web offers convenience and greater access to medical care,
but with innovation, comes risk. Doctors practicing over the Web
may face more malpractice claims if they're not examining some patients
in person. There could also be complications in state medical licensing.
Also, basic questions have to be answered: How will doctors be compensated,
and on what basis will managed care organizations and insurance
companies pay for Web visits?
When mixing the Internet with the field of medicine, it's important
to understand legal distinctions between medical information and
medical advice. Advice implies a doctor-patient relationship; information
is more general.
Expect to hear more on this subject! |
Our
Internet Ad Say What?
Everyone seems to be looking for the right formula
for Internet advertising. But few people have considered new liabilities
that their snappy new banner ads might attract. If you're engaged
in Internet sales to any significant degree, you should consider
new advertising exposures.
Personal and Advertising Injury Liability insurance,
Coverage B of the Commercial General Liability (CGL) policy protects
you against claims for some non-bodily injury and non-tangible
property injuries.
The
CGL policy defines advertising as a notice about your goods, products,
or services that's designed to attract customers or supporters,
and is broadcast or published to the general public or to specific
market segments. The policy doesn't contain a specific reference
to e-commerce, but the courts may find that e-commerce advertising
is "broadcast or published."
Personal Injury and Advertising coverage is for
damages caused by a wrongful act, including compensation for injury
to one's reputation or loss of business.
Advertising Injury coverage protects you against
damages from using another's advertising ideas in your ads; using
material that violates a person's right to privacy; disparaging
another's products, goods, or services; or defaming individuals
or organizations. Advertising firms are excluded from such CGL
coverage and are insured instead under occupation-specific polices.
There's no coverage to protect you against damages
for intentional acts, such as providing goods that don't live
up to advertising claims, or for errors such as publishing the
wrong price for an item. These are business mistakes, not insurable
mistakes.
Coverage B of the CGL is a complicated grant of
important coverage designed to meet personal and advertising injury
risks. If you're confused about how well your business is protected,
call our agency - We can explain the details.
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The cost of Workers Compensation coverage is expected to increase
substantially as the industry pulls out of a soft market in which
competition drove prices to unprofitably low levels. You can keep
your costs down by paying attention to safety procedures, fraud
control, and employee recovery practices.
Safety programs can help reduce all kinds of injuries and accidents.
Educate your employees on return-to-work programs, the importance
of reporting accidents and injuries early, and indicators of Workers
Comp fraud.
Examine emergency medical arrangements and review your list of
medical and disability care providers. Frequent review will help
you keep up with the rapidly changing medical field.
Call us for a comprehensive look at keeping Workers Comp costs
under control. |
| 
Package Business policies offer some protection against
crime losses. But you'll want a Crime policy if you have especially
high exposures.
Retail establishments and offices commonly need Crime
policies. Storekeepers' and Office Burglary and Robbery plans provide
coverage for money, securities, and other property. Coverage can
be on a blanket basis for several locations or on a schedule basis
for named locations.
It's important to understand that burglary and robbery
are two independent crimes. Burglary involves breaking and entering,
while robbery is the act of forcing another to turn over money,
securities, or other property - as in "Stick 'em up!"
"Theft" is a broad term that includes many acts ranging
from shoplifting to embezzlement.
Depending on your business activity, you should consider
other forms of Crime coverage as well, including safe burglary,
robbery, and employee dishonesty, forgery, or alteration. If your
business caters to guests, you might want to insure against loss
from guests' property in safe deposit boxes and elsewhere.
Crime insurance policies can be tailored to your company's
exposures. Now is the time to consider Crime insurance - not after
a criminal has struck. |
| 
You
may find your next great employee in your own family. If so, a personnel
consultant can help ease the transition to a working relationship.
You'll have to furnish payroll taxes on their earnings, and you
may need to alter your insurance arrangements. Salaries and employer-paid
benefits are tax deductible to the business and taxable to the employee.
Of course, the family member must be legitimately employed and actually
working at the job to satisfy the Internal Revenue Service.
If you're thinking of hiring your niece, it's a good time for
an insurance review. We're here to help. |
| Newsletter
Archives |
| My
Loyal Employees Would Never Do That!
You might be tempted to dismiss Employment Practices Liability
insurance (EPL) since it's a relatively new coverage or
because you're assuming your workers won't make Employment
Practices claims. That would be a mistake: Lawsuits are on
the rise. In the past few years, the Equal Employment Opportunity
Commission estimates a 26% increase in charges filed against
employers for improper employment practices.
Compensatory damages have been averaging more than $500,000
in wrongful termination and gender discrimination cases. The
average has been $100,000 to $200,000 in suits involving sexual
harassment and racial or disability discrimination. These
figures don't include legal expenses and punitive damages.
Call us to review your business exposures. We'll make sure
your coverage is current. |
| Risk
Management |
| Bulletproof
Kidnap Protection
Kidnappings are on the rise worldwide. Leading hot spots
are Colombia, Mexico, and the former Soviet Union. In response,
BMW introduced the 740iL Protection, an armored car with a
bulletproof body and thick distorted glass. A more conventional
form of protection is Kidnap & Ransom (K&R) insurance.
K&R sales are robust. The coverage is carried by more
than half of the Fortune 500 companies, and it's gaining in
popularity among smaller firms.
Unfortunately, criminals are finding out about the insurance
and are demanding higher ransoms for American citizens. The
insurance industry is secretive about the number and dollar
amount of kidnapping policies written, and corporations are
tight-lipped about their coverage. They often keep kidnap
insurance under wraps to prevent employees from taking foolish
chances.
A typical K&R policy ranges from $1,000 per million dollars
of coverage to $50,000 per million dollars for corporations
with employees in some of the more dangerous places on earth.
Policies usually cover all employees, not just top executives,
and they may include coverage for employees' families. K&R
insurance includes ransom, the cost of professional kidnapping
negotiators, counseling for victims, lost salary, and vacation
time for returning victims. |
| 
The 1996 Mental Health Parity Act was supposed to establish
greater access to mental health benefits for Health plan members.
But it only applies to annual and lifetime dollar limits.
Some plans have begun restricting office and hospital visits
to restrain costs. Congress' General Accounting Office found
that as of December 1999, 87% of compliant plans contained
at least one provision that was more restrictive than envisioned
by the Parity Act. Congress is expected to pass more legislation
to increase access to mental health benefits.
More than half of the states have enacted tighter parity
laws affecting service limits, cost-sharing requirements,
or both. The laws tend to hike the cost of employer-sponsored
Health plans by 2%-4%.
We'll help you review your business' Health plan and make
sure it's up to date. |
| When
the Heirs
Come In
Adding heirs to a business can require changes in your coverage.
For example, insurance adjustments may be in order if an heir
gets a company car. Also, the Workers Compensation picture
may change once a worker becomes a business owner.
What if your heirs want to continue running the business
once it's been passed on to them? Life insurance can provide
funds to replace money that would have been available by selling
the business. An insurance-based retirement plan can ease
the path into a comfortable retirement.
When a businesses changes in any way, it's time for an insurance
review. Call us. We can help. |
| COPYRIGHT
©2000. 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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