Tuesday, October 28, 2014

Halloween, Insurance, and preparing for the spooky night

I always loved Halloween as a kid, still do as a grown-up, costumes, candy, scary stories, season change, jack-o-lanterns, heck pumpkins spiced anything is fine by me, and warm apple cider with a cinnamon doughnut is just the best to warm up a cold October night. I have some fond memories of trick-or-treating with my friends, proud of the outfit my mom and I put together, time spent with my brothers carving pumpkins, and roasting the seeds.


As much fun as all that stuff is, age has given me a slightly different perspective on Halloween. I want to share some risks and advice with you about precautions you can take so that everyone can have a safe, fun and hopefully even slightly scary Halloween this year.

Costumes: The two biggest concerns when parents think about approving or disapproving a costume choice for their kids are visibility, and mobility. If the costume has a mask, and it’s been mass produced, its one size fits all, which means your child “might” fight the eye holes… Even still visibility will be reduced, asking him or her to try it on in the store and then identify something in their peripheral vision will give you some idea of how reduced their visibility is. Remember too, the store is well lighted, and the streets you will trick-or-treat on will be dark, further reducing your child's visibility. Mobility is the other consideration. Imagine attaching over-sized clown shoes to your feet and then walking all over your neighborhood in the dark, now imagine you’re an uncoordinated child doing that same thing. If you don’t want to wake up in a cold sweat some night, try not to think about your child standing in the middle of a dark street, wearing a mask they can’t see out of, shoes they can’t walk in, holding a big bag full of distractions, as a car speeds towards him or her.
I know, us insurance guys can take the fun out of anything, sorry about that. And you’re right; Halloween is supposed to be fun, but so too is Thanksgiving, and Christmas… I want your kids to be there to enjoy them all.

Preparing Your house for the trick-or-treaters: You've probably heard the phrase “an ounce of prevention is worth of pound of cure.” Well in this case it is true, if you've been meaning to fix that “trick” step that leads to your front porch, do it now before a bunch a kids use it on Halloween night. Same with that light bulb for the outside light, which burnt out a while ago, that you've been “meaning to replace.” Don’t put those things off any longer, the big night will be here soon, and that is the night strangers, who don’t know the lay of the land on your property will need the benefit of being able to see their way around and firm landings to place their feet. Be sure to clear a well-defined pathway to the door as well, that might mean moving outdoor furniture, hoses, planters, toys, etc. out of the way so that they don’t present trip hazards.
Remember, once folks are on your property, you are liable for any injuries they sustain, should you be found to be negligent. Taking the time now to avoid issues later will be time well spent.

Jack-O-Lanterns and the fire risk: When I was a kid we carved pumpkins, stuck a lite candle in them, and put that just outside our door on the front stoop. The lite candle part is the issue, and today there are options to avoid having an open flame around all the time. There are lights you can buy, that are designed to be plugged in and don’t pose the same fire risk. You can also use glow sticks, though perhaps not with the same effect of a flickering flame.  Still, every year there are cases of fires started by poorly monitored Jack-O-Lanterns.

Vandalism: It is almost a rite of passage for kids to through some TP in the trees, eggs some houses and cars, or shaving cream on similar targets. For the most part these things are harmless, though eggs can cause damage to a cars finish if it’s not addressed in a timely manner. An auto policy that has comprehensive coverage will cover damage sustained during these stunts, so too would a home owner’s policy should the damage be done to your home. Avoiding the damage is the best approach, parking your car off the street, and covering higher end cars will help a lot. And if you plan to be away for the trick-or-treating, leave the lights on, and ask a neighbor to keep an eye out, a dark house can invite unwelcome attention.

The Candy: When I was growing up my mom was very strict about the candy I got when I went out trick-or-treating. She demanded to inspect it all, she threw away anything that was homemade or not packaged, no matter how much I protested, and any wrapper that looked “wrong” to her eye, also got pitched. She told me it was because some nut job had been putting things in kids’ candy, poison, razor blades, and bits of metal… Now, some of this seems like an urban legend to me, but then again it’s not out of the question. So what to do? I’d suggest doing what my mom did, inspect what your kids bring home, and get rid of the suspect stuff.  Oh, and one more tip from my mom to all the mom’s out there; she would take on the duty of costumes, and pumpkin carving etc., but would always send my dad out with my brothers and I to do the trick-or-treating. While at home she would curl up with a spooky movie, glass of spiked warm apple cider, and that bowl of candy to meet the trick-or-treaters at our door. I recall her being rather relaxed, happy and in a good place to deal with the negotiations about just how many pieces of candy we could have before bedtime.


Thank you taking the time to read our Sturdevant Agency Blog post. Please let us know if you have any questions, about these or other insurance related topics.
Empowerment through knowledge 

Monday, September 15, 2014

Power strip Safety "don't get burned"

A scored and discolored strip
Last week my wife and I finally decided to replace the carpet in our den. Naturally, the task of dismantling our home entertainment system fell to me, and I'm kinda glad it did!

When I was unplugging the various components I made an alarming discovery - the power strip I'd been relying on revealed a nasty secret, it wasn't doing the job I believed it would. As you can see from the photo, the last outlet shows heavy scoring, and discoloration, a precursor to fire. Thankfully I caught it in time, before there was an actual fire.

After making this discover I was curious, so I did a bit of research, and discovered that not all all power strips are created equal. The truth is, if you intend to use a power strip, in an ongoing way, the best solution is to contact a qualified electrician who can evaluate your power needs for a give you advise as necessary. (I have an appointment scheduled next week)

However, if you use a power strip for its intended convenience here are some tips and links that I'd recommend you check into.
 
  • Always check to see that the product you're using is UL (Underwrites Laboratory) certified. The code that address "surges suppression" is 1449
  • Understanding the distinctions in the market place between, extension cords, power strips with surge suppression, and power strips with internal circuit breakers makes a big difference **Only use power strips and surge suppressors with internal circuit breakers.**
  • Never overload your home or offices circuit - and NEVER 'daisy-chain' more than one power strip together. 
  • If your power strip has frayed wires, scored outlets, or inoperative switches then throw it away, its not safe any more. 
For most of us, these power strips are a convenient, simple and inexpensive solution to a lack of power outlets. Best then, that we take a moment to arm
Not approved! 
ourselves with a bit a knowledge about the strips, and risks associated with using them improperly.


If you'd like to learn more about risk avoidance and how insurance protects your assets please feel free to contact us.  

Wednesday, May 21, 2014

Virginia to change it's Workers Comp Rules

www.sturdevantagency.com
Don't allow your business
to be injured by the changes
to Va's Workers Comp law!
On March 7, 2014 the Virginia General Assembly approved an amendment to section 65.2-805 of the states Workers Compensation Act. Starting on July 1, 2014 the penalty for noncompliance will be more severe, with employers facing a maximum fine of $50,000.

I'm frequently asked questions about subcontracted employees, and what their impact is on a workers compensation policy. The contractual relationships between two companies, one working as a subcontractor to the other, sets up a circumstance whereby the liability for workers compensation losses sustained by a subcontracted worker extends to the general contractor. The good news for general contractors is that the Workers Compensation Act barres injured employees from bringing a civil tort against them, in most cases. The bad news; insurance carriers wish to collect premium for subcontracted employees. The insurance carriers have less access to information when rating a subcontracted employee risk, and are obliged to peg premiums to the payments made to those subcontractors.

Remember that insurance is a transfer of risk. What is often unclear for many contracting business owners is who holds the risk, in this case, the liability for an injured worker? Several court decisions have set precedents in case law, the result of which should allow contractors to manage their risk within these parameters, and protect their business assets with the appropriate insurance coverage.




Thursday, May 15, 2014

Commercial insurance & the duty to defend 

Worker waits to access the work site while an
insurance issue is resolved 
In advising many local business owners about how best to protect their businesses from loss I find that I encounter the same issues over and over again. One such issue that crops up frequently is a misunderstanding about a particular clause contained within every commercial general liability policy, known as the "duty to defend."

So what is the duty to defend? In short, it obligates an insurance company, to "defend" a policy holder against a "suit" (understood to mean lawsuit or civil proceeding), should one be brought against the insured during the policy term. The duty to defend is in some ways the essence of the policy, given that its from this language that an insured finds coverage if they're sued. 

For the most part, business owners are pretty happy with this provision of their policy, except when they aren't. In fact, most often they've never even heard about it until I give them some sour news, here's how it plays out.

A local contractor, my client, wins a bid to work with a much a larger contractor, supplying them with, heck it could be anything - but we'll say kitchen and bath fixtures, and the labor to install them. The larger contractor demands that the smaller contractor supply a certificate of insurance, and typically with higher limits of liability currently carried, sometimes as much $5 million.

My client asks me to produce a certificate of insurance (COI) reflecting the limits in accordance with the contract they've just won. In order to produce such a document, an actual policy with  such limits must also be obtained -- and that's what gets us to the "duty to defend," -- here's why.

The insurance company that is being asked to increase its limits will look very closely at what it is that the larger contractor is actually building and what the possibility or "risk" that a lawsuit might result from that activity. Its a belief, and not an inaccurate one, that if a project is going to be sued, even if only one element, supplier, or contractor is at fault, all the parties -- including our smaller contractor, will be named in that lawsuit. That's the rub for our smaller contractor, and why I sometimes must relay sour news about the duty to defend provision of their insurance policy to them.

As with most things in the world of commercial insurance, there is a kernel of good news, and a way out for our small contractor. The good news is this; as a result of their growth, and shift in business focus they've outgrown their current insurance company, which happens, and it is better to learn during a paperwork issue then during a claim! The way out, and onto that work site -- a different insurance company, a company more specifically geared to address the needs of a growing contracting business, and willing to embrace their duty to defend