Tag Archives: Insurance

When Do You Need A Contractor General Liability?

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A contractor general liability is useful for different construction businesses. But have you ever wondered when you should get this liability? This article explains it all.

Contractors in various specialties, such as masonry, carpentry, fencing, concrete, landscaping, flooring, HVAC, and electrical, are exposed to numerous general liability issues when they’re working on-site.

If employees and business owners don’t actively address contractor general liability problems, they may result in visitor or customer injuries, stolen or damaged equipment, and property damage.

Moreover, losses of any type can cause damage to your reputation with existing and potential customers and impact your business negatively when it comes to finances.

This article addresses two areas of contractor general liability, the first one being job site premises and operations, and the second one being products and completed operations. 

These lists include suggestions to help you manage hazards while working on a job site and prevent losses from liabilities. But know that these lists aren’t comprehensive and don’t include all potential hazards, so you’ll need to be diligent in securing all work sites.

Contractor General Liability Job Site Premises and Operations

The most common contractor general liability losses while working on a job site are slips, falls, trips, bodily injury, and property damage. So this list will help you to think about which of the following items can be applied to your next worksite.

  • Workers are skilled, experienced, and licensed (if applicable)
  • Newer employees are closely monitored by experienced workers
  • Good housekeeping is maintained throughout the premises at all times
  • Floors, hallways, and aisles are kept clear of debris
  • Spills are cleaned up immediately
  • Floors, sidewalks, and parking lots are well-lit, in good condition, and don’t have cracks or unanchored coverings
  • Stairways are in good condition, have proper handrails, and are well-lit
  • Tools and materials are neatly arranged and do not obstruct walkways
  • Tools are removed from the site at the end of each day and any tools left overnight are stored securely in a locked space
  • Equipment and materials left overnight are stored appropriately
  • Job sites left unattended by workers are properly secured and free from hazards
  • Exits from the premises are clearly marked and unobstructed
  • Access to the premises is limited to necessary personnel while operations are performed
  • Visitors or customers permitted to enter work areas are accompanied by a qualified employee at all times and are required to wear personal protective equipment when needed
  • Customers are prohibited from touching or holding tools or equipment, climbing ladders, and assisting in work performed by employees
  • Visitors and customers are informed of potential hazards and are aware that kids and pets are prohibited from entering the work site
  • Noise from machinery and tools is as limited as possible
  • Worksites are inspected regularly to identify and control hazards

Contractor General Liability Products and Completed Operations

Contractor general liability losses caused by products and completed operations can include anything from property damage to bodily injury. Common causes are failure to meet specifications or building codes, use of substandard materials, poor workmanship, maintenance, incorrect installation, repair operations, improper design, and faulty equipment. 

This list demonstrates actions that can reduce the potential for liability issues.

  • Component and raw material suppliers must meet strict quality standards
  • Incoming components, materials, and equipment are thoroughly inspected, and items that don’t meet the standards are refused
  • Shipping and receiving records are maintained so that any defective materials can be traced back to their original suppliers
  • Quality control measures are in place to make sure all work meets minimum levels of acceptability and is done competently
  • If guarantees or warranties are offered to customers, they’re in writing before the job starts
  • Local building regulations, codes, and ordinances are investigated before any installation procedures commence
  • Equipment installations follow all of the manufacturer’s instructions
  • Workers performing maintenance operations follow a procedural checklist to ensure no steps are missed
  • The business has methods set for inspecting work when it is completed
  • Debris, raw materials, tools, and other equipment are removed from the job site when work is completed, so nothing is left behind
  • Detailed customer records are kept that include all work completed along with maintenance and service intervals (if applicable)
  • Customers are provided information regarding the proper operation and maintenance of installed materials, equipment, and such.

Summing Up Contractor General Liability 

As a business owner, it’s best to have a contractor general liability for as many of these aforementioned scenarios as possible. Because you never know when a situation that warrants this liability arises.

Everything You Need to Know About Insurance Filing As A Motor Carrier

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Have you wanted to file your insurance as a motor carrier, as a freight forwarder, or a broker but couldn’t understand how? Then this article is what you need.

Apart from applying operating authority, applicants for freight forwarder, motor carrier, and broker authorities must have specific legal processes and insurance agent documents on their files before the FMCSA issues them these authorities. 

These filings will vary, based on the registrations involved. There is a list of pre-registration forms below, and it’s followed by a description of which registrants must file those forms. 

If you’re insurance filing for the first time, then please note that first-time applicants with FMCSA need to apply using the Unified Registration System (URS) as of December 12, 2015. 

However, existing registration-holders or authority-holders may apply for authorities using the OP-series forms until a later date. The FMCSA has published a Federal Register notice on the 17th of January with more details on the suspension of the URS effectiveness date.

Furthermore, you may submit cargo insurance and liability forms directly/online through the home office of the insurance company that is furnishing the coverage. The FMCSA does not provide insurance forms’ copies.

Requirements for Insurance Filing

FormDescriptionAuthorities Subject to Filing
BMC-91 or BMC-91XPublic liability insurance (bodily injury/property damage/environmental restoration)Motor CarrierFreight Forwarder (Note: Non-vehicle operating freight forwarders may seek a waiver of this requirement)
Freight: $750,000 – $5,000,000, depending on commodities transported; $300,000 for non-hazardous freight moved only in vehicles weighing under 10,001 lbsPassengers: $5,000,000; $1,500,000 for registrants operating only vehicles with a seating capacity of 15 or fewer passengers.
BMC-34 or BMC-83Cargo insurance–$5,000 per vehicle$10,000 per occurrenceIn addition to BMC-91 or BMC-91XHousehold Goods Motor CarrierHousehold Goods Freight Forwarder
BMC-84 or BMC-85The Surety Bond amount is $75,000Trust Fund Agreement amount is $75,000Freight ForwarderBroker of Freight
BOC-3Service of Process AgentsAll Authorities
MCS-90Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980Hazmat Safety Permit Carriers

Insurance Filing and You 

You should be prepared to contact your agents to request the filing of the required forms immediately after obtaining your designated docket number. These filings must be received within 90 days after the FMCSA has published a public notice of intention to register you as an applicant (applicants will be notified by letter of their docket number and date of publication in the FMCSA Register).

Applicants are cautioned to ensure that the name and address of the business as set out in all pre-registration filings match with the same name and address provided in their application for operating authority filings. 

Any deviations will result in the rejection of the supplemental pre-registration filings.

Where Should I Go For My Insurance Filing?

Insurance companies are to file forms BMC-91, 91X, 34, and 84. While financial institutions need to file form BMC-85. 

Only insurers (insurance underwriters, that is), not insurance agents, and financial institutions can establish e-filer accounts to electronically file insurance forms (BMC-91,91X, 34, 84, 85, and others). These filer accounts are exclusively designated for financial institutions and insurance underwriters.

You can visit this link to see a template at the end of the page to set up your electronic filing account. It has been specifically designed to efficiently gather all necessary information required for the establishment of your account.

It’s suggested that the completed template be copied and pasted onto your company letterhead and attached as a PDF to be submitted to the Financial Responsibility Filings Division. Application documents will only be accepted via postal mail or email at FMSCAInsurance@dot.gov, using an official company e-mail address. 

Please ensure that all fields in the provided template are completed accurately and comprehensively. Failure to provide complete information may result in delays in processing your account set-up request. Once the required information is completed and gathered, you can submit e-filer applications to FMCSAInsurance@dot.gov.

Process Agent Designation and Insurance Filing

Public liability Insurance (Form BMC-91 or BMC 91X) and cargo insurance forms (Form BMC-34 or BMC83) are to be submitted electronically by a registered electronic filer (a representative of a surety company, insurance company, or a financial institution.) FMCSA does not furnish copies of these insurance forms.

This is the link to the site that has the forms for process agents and insurance.

Summing Insurance Filing Up

By following the aforementioned steps, you;ll able to get your form(s) submitted to the FMCSA in the required manner, but they’ll also be read and pursued by the FMCSA.

What is A Performance Bond?

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This article explains in detail about what is a performance bond and what are the roles of all three major parties in it. 

A construction job of any kind requires a performance bond. In essence, they provide an assurance that the contractor carrying out the work will honour their contractual duties to the project’s owner or general contractor. In the end, this ensures that the work is completed according to schedule.

A performance bond involves these three parties:

  • The contractor who will do the job and furnish the bond is the principal.
  • The project owner or general contractor is the obligee.
  • And the surety: This is the business that provides the performance bond, which assures the contractor’s work.

It’s simple to mix together performance bonds and insurance. After all, surety or bond companies—also known as insurance companies—are the ones who formally issue performance bonds. 

Three Important Ways Performance Bonds and Insurance Differ

It’s simple to mix together performance bonds and insurance. After all, through insurance brokers, insurance companies—also known as surety or bond companies—issue performance bonds. Surety agents are those organizations that focus on surety.

Performance bonds and the majority of insurance products differ in three key ways:

1. There is no immediate gain for the contractor (principal) submitting the performance bond application. Rather, the principal is employed by a third party (obligee), such as an owner or general contractor, for whom the bond offers benefits.

2. Surety businesses underwrite and price performance bonds with the intention of avoiding losses in theory. Consequently, surety firms are able to complete the task.

3. Contractors are required by surety firms to compensate and cover the surety for any damages resulting from the performance bonds. When compared to the majority of insurance products, such as workers’ compensation and general liability, this is a significant difference. 

A contractor using those items is exempt from having to pay back the insurance company for a covered loss. That would negate the insurance’s purpose. That’s not the case with surety, which functions more like a banking credit extension. 

How to Apply for and What Are the Requirements for Performance Bonds

Surety firms will examine various financial records and features of your business expertise in order to grant a performance bond. The size of the performance bonds you require and the total number of bonds you will have outstanding at any given moment will determine the requirements.

Bonds under $750k: These are frequently available with a straightforward one- or two-page application, depending on the company’s excellent credit history and prior completion of projects of a comparable scale.

Bonds worth more than $750K to $2 million will need to provide financial accounts for both the business and the owners. If the financials are accurate and in order, they are typically acceptable when first created.

Where to Get a Performance Surety Bond for a Contractor

Choosing a performance bond provider can be one of the most significant decisions a contractor makes. Construction performance bond providers are numerous, but their levels of experience and capacity to assist contractors in reaching their objectives for bonding capacity and business expansion differ significantly: 

A Representative for Insurance

Remember that insurance agents aren’t surety experts, even if they can seem like a suitable alternative if you need a performance bond—especially if you’ve worked with an agent in the past. 

Since they don’t handle bonds exclusively, they don’t have the same calibre of relationships or access to surety businesses, nor do they have the knowledge or experience with California surety bonds that would facilitate a smoother bonding procedure. 

They may lack the means to generate prospects or the knowledge necessary to pair a contractor with the ideal assurance provider because they don’t have these industry relationships. 

An Expert in Surety

An specialist who focuses only on surety bonds is known as a surety agent. Regardless of your company’s stage, they may use their expertise to make the bonding process far more seamless by anticipating future developments. 

Surety agents get access to exclusive programs and business connections because they exclusively deal with surety bonds. Additionally, they establish strong bonds with surety suppliers, which better enables them to match your requirements with the ideal assurance firm. 

Their knowledge extends beyond the bonding procedure; they also understand how to properly organize your money to expand your company’s bonding capacity.  

Summing Performance Bonds Up

In conclusion, performance bonds are a crucial tool in the construction and contracting industries, providing a financial safeguard that ensures projects are completed as per the agreed terms. By reducing the risk of non-performance and financial loss, they protect project owners and investors, creating trust and stability in contractual relationships.

Liability insurance for contractors is an essential coverage, but what does it cover?

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However cautious you may be when carrying out your projects, mishaps and accidents can still occur. This is an indeterminate situation that is beyond your control. You can’t always rely on your people and equipment to perform perfectly. If you are legally obligated to cover accident and machine expenses, it will cause delays and income reduction for you as the contractor. Liability insurance for contractors is undoubtedly the safest way to prevent financial ruin. In a nutshell, an insurance policy for contractors covers all third-party claims. Any damages or accidents that occur on your business site can also lead to lawsuits and complaints from clients and other parties. You and employees under your supervision are covered when claims are made against the insurance. A contractor is a business manager and a  contractor. The construction site requires many employees to work. Some of these individuals are also expected to commute and work across multiple job sites. The possibility of these people being involved in an accident or causing one to a passerby is thus high. Typically, contractors have liability insurance to cover Property damage and bodily injury. A person may sue a contractor if he or she suffers an injury or damage to their property. Completing operations and  products and Advertising injuries and personal injuries: Libel, slander, and false claims may result in damages. In addition to other types of insurance coverage, contractor liability insurance is a must-have for any contractor.

To obtain a contractor liability insurance quote, please contact www.safeproins.com

What Is Completed Operations Insurance?

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Your business’ product or completed operations away from the location of your business are covered under the Products-Completed Operations coverage. Your business can be covered if it causes property damage or bodily injury.

General liability policies usually include coverage for completed products operations. Once operations are completed or abandoned, it covers liabilities arising from the insured’s products or business operations that are conducted off-premises.

When a contractor’s contracted operations have ended, completed operations insurance protects him or her from liability for property damage or injuries to third parties. Completion of operations insurance usually applies to construction products as well as goods and medicines made by consumers. Completion operations insurance is most commonly included in general liability insurance. Additional or separate policies may be purchased by contractors and manufacturers for losses and injuries incurred off their properties that exceed their general liability limits.

By purchasing completed operations insurance, contractors and manufacturers transfer their risks to a third party. In addition to completing work, contractors must take precautions to avoid liability expenses.

Contractors and manufacturers can maintain financial stability as they settle claims with completed operations insurance policies. It can defend you against claims of negligence and breach of contract. In the case of damage resulting from the work of the contractor or from their products, the coverage provides reasonable compensation. Punitive damages may be settled through indemnity insurance. In the event of a product recall, complete operations insurance isn’t applicable.

Insurance for Completion Operation Contractors’ insurance covers legal defense and any judgments or settlements resulting from accidents associated with completed work covered by the policy.

OSHA will monitor the whistleblower cases under Antitrust and Money laundering Act: DoL

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(Washington, DC, Economic & Insurance News by Insurance Market 360) –  Department of Labour (DoL), recently notified that, OSHA, shall investigate whistleblower complaints logged under the new Antitrust and Money Laundering provided by the legislation. This decision was taken keeping in view of increase in cases especially in professional safety and health administration in the recent days.

OSHA will probe into all concerns related to the direct and indirect actions of superiors or government exhibiting cause and related actions or support such incidents which are covered under the above two laws.

DoL will administer the registered cases under Wendell H Ford aviation investment and reforms act of twenty first century until OSHA is ready with its provisional final protocols related to both the acts.

DoL prime focus is to safeguard the rights of employees and to protect them from being harassed by supervisors; so as that transparency and credibility are developed leading to good governance in the work places.

The prime objective of the whistle blower retaliation program is to ensure that complainant is legally protected from 20 domains related to workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, anti-money laundering laws, and for engaging in other related protected activities.

More commentary can be obtained from, www.whistleblowers.gov.

Source: www.dol.gov

Reference: https://www.dol.gov/newsroom/releases/osha/osha20210219

Research reveals 22% growth in Global commercial segment of Q4, 2020 FY

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(Economic & Insurance News by Insurance Market 360) – Investigation done in commercial insurance sector across various regions and the globe in both private and public domains for the fourth quarter of 2020 with the support of Marsh, the lion share holder, indicate an aggregate of 22% increase which is 3% more than Q3, 2020.Global market insurance index was initiated in 2012 to study the trends across countries and continents which is a good resource and reference for various stake holders in insurance sector.

The major emphasis was laid on property insurance pricing, finance and professional lines, causality and composite ranking across regions and the nations. Analysis reported a sharp hike in finance and professional domains from 40% in Q3 to 47% in Q4.Property pricing decreased by 1%, whereas composite pricing has been increasing consistently for the last 9 years.

Though the overall increase is found in the fourth quarter, there is no significant change witnessed in certain regions other than UK and Pacific. Property insurance and Directors and officers reported moderate results. Region wise outputs reported Continental Europe, Asia, and LAC had moderate levels of price increases for three quarters of the financial year 2020.

Reports at national level reveal that Latin America, Pacific and US exhibited a positive growth of 9%, 35% and 44% respectively in Q4.Public sector Company D & O on an average reported medium results they had very good progress in US & Australia and exhibited an increase in the range of 25% to 50% in other countries of the world.

Source: www.marsh.com

Reference: https://www.marsh.com/us/insights/research/global-insurance-market-index-q4-2020.html

VERMONT is now a licensing authority to state based systems: NAIC

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(Washington, Economic & Insurance News by Insurance Market 360) – National Association of Insurance Commissioners, NAIC, on 29 January 2021 announced the inclusion of Vermont department of financial regulation to license state based systems, SBS a 33rd in its latest count.

Michael Pieciak, Vermont Department of Financial Regulation Commissioner, expressed that, “SBS provides us with the opportunity to streamline our processes and improve our services and I am pleased to have licensed SBS and look forward to completing the implementation process.” He added that, “this is an exciting opportunity in our SBS implementation that we expect will result in across the board improvements to the services we provide our consumers, licensees and insurers.”

Electronic system will not help in rendering timely and quality services related to licenses, complaints management, enforcement with fewer amounts of efforts and also to work on par with the national standards and protocols in Insurance sector.

Vermont as a licensing agency to SBS is expected to offer a variety of product services in the domains of facilitating licenses to producers and companies, design and conduct capacity building programs and monitoring them, consumer related services, enforcement of the statutory norms, fraud reporting and support systems, exam tracking and revenue management.

For more details and list of the 32 licensed organizations and for other details you may look into the official portal of NAIC, www.naic.org

Source: www.naic.org

Reference: https://content.naic.org/article/news_release_vermont_becomes_33rd_naic_member_license_state_based_systems.htm

Private Insurance organizations to face EPLI Challenges: RPS

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(Rolling Meadows, IL, Economic & Insurance News by Insurance Market 360) – Covid_19 affected Employment Practices Liability Insurance (EPLI) pricing and it is expected to continue in 2021 according to a report by Risk Placement Services.

Manny Cho RPS EVP, Executive Lines, opined that, “in order to obtain and maintain profitability, carriers are not only looking for rate adequacy but also, limiting their exposure through reductions in capacity”.

California, Illinois (Chicago) and New York are experiencing a jump in prices due to Covid. Other industries like hotels, restaurants and travel are deeply affected with EPLI rates. Sensitive analysis is done on EPLI Underwriting especially on private insurers regarding the impact of Covid, financial health of the organization, health and safety of employees and stability of the company.

Cho added, “At the onset of COVID, underwriting questions were related to a business’s reopening plans and the safety protocols in place to ensure employee safety”. Further scrutiny is also done on the operations, expansion plans and recruitment policy of the company to gauze their business stability and risk management.

In December 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released short document pertaining to vaccine administration, disability factors and religious beliefs to private insurers in addition to risk mitigation, work environment with safety measures.

It’s important for agents to help clients facilitate a decent insurance opportunity by deeply understanding the personal, professional and financial status of a client.

Insurers are exploring opportunities in financial services and technology in spite of all odds. Situations might have affected the underwriting procedures, but there is always scope to expand and explore.

Source: www. rpsins.com

Reference: https://www.rpsins.com/knowledge-center/items/epli-for-private-companies/

US Insurers need to be extra cautious in administering fraud payments: OFAC

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(Economic & Insurance News by Insurance Market 360) -The US Treasury Department’s Office of Foreign Assets Control (OFAC) on 1 October 2020 released an official reminder reminding about the fraud payments and reimbursement and their consequences to the economy and the insurance organizations.

Though, the statutory body did not make any alterations in the existing law, the reminder note publication is of great importance in the current pandemic and vulnerability wherein the probability of manipulations’ are increasing with the use of high end technology and strategies; due to which anti-social activities can increase and adversely affect the economy. It also suggested all the insurance service providers to be extremely keen and aware about the list of “specially designated Nationals and blocked persons” while executing any financial related settlements.

The funds raised from the insurance products by illegal acts can be used to strengthen the criminal, terrorist or cyber attack activities which can create huge damage to the infrastructure, people and the economy in major. In case if anyone is found guilty, agency will ban such entities and process with legal initiations as per the US Law.

In this regard, MARSH has developed strategies’ to address the issues with thorough investigation, recheck and reconfirm before the final settlement is done. Company is also open to do the required facilitation with regard to risk management, precautionary steps to avoid the negative consequences and provide professional way forward services so that insurance providers can play the game safe and secure so as not to fall down and get legally punished!

Source: www.marsh.com

Reference:https://www.marsh.com/us/insights/research/ofac-ransomware-advisory-for-us-companies.html