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VOLUME 28          ISSUE 5 October/November 2000

Traditional Policies Fall Short on E-Commerce Coverage

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.

Internet RX

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.

Woman reviewing policy on computerThe 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.

Stem The Tide Of Rising Comp Cost

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.

Let A Crime Policy Sheild You

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.

Working With Family Can Work For You

Men reviewing paperworkYou 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.

Mental Health Benefits - Still Get Short Shrift

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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Stuber Insurance Agency
115 Mill Street (Route 46) P.O Box 444
Hackettstown, N.J. 07840
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