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Category: Risk Management

Don’t Let Lack of Insurance Put the “Pest” in Pest Control

Posted on by Ownby-Client-Login

Your pest control company may have plenty of risks that seem obvious. If you have employees, they have risks in the course of their duties, and workers’ compensation is a clear answer for how to cover some of those risks. If you have vehicles, you could certainly put together that you need commercial auto insurance. But what about the risks that may not be as obvious? Let’s look at a few that could be a major pest for your company.

Job Site Pollution
Your team probably works with a lot of chemicals as part of your services. These chemicals need to be carefully managed and controlled, especially on the job site when they’re in use. If an incident occurs and the chemicals spill, get oversprayed, applied in the wrong area(s), etc. – your company may be held liable for any damages and clean-up. Since there are regulations about the clean-up process, the total cost can add up quickly. Will your insurance policy respond? Not unless you have the right coverages in place.

In Transport Pollution
In addition to the job site, your company also faces risk when transporting chemicals to their intended location. If your vehicle is in an accident, has a container that is not properly secured, or has a similar issue that results in the spilling or loss of hazardous chemicals, you may be held liable. Again, without the right insurance policy in place, the costs for control and clean-up may fall completely on you.

Termite Treatment and Inspection
If your company is used for inspecting for termites, a situation might arise where an employee misses active termites. If you treat for termites, you may have a scenario where the treatment is not effective or complete. If one of these issues occurs, it’s possible that your company will be held liable. Without the right insurance policy, your general liability coverage may not respond in these cases – or if it does – the limits may be too low to adequately cover your expense.

Tools & Equipment
In addition to your company’s tools and equipment, some of your jobs may require items that are borrowed, rented, or leased. If these items are damaged or stolen, will they be covered? They may not be unless your policy extends coverage for them.

As you can see from the examples above, pest control insurance is best suited for policies that are tailored for your company’s risks. We can help you discuss a program that best fits your coverage needs. Contact Brandon Patterson at 865.453.1414 or  brandon@ownbyinsurance.com for more information.

Are You Protected as an HOA Board Member?

Posted on by Ownby-Client-Login

In our previous article on this subject, we discussed the concerns homeowners face as they share risk in a Homeowners’ Association (HOA). In this article, we’ll take a look at the concerns that those on the Board of an HOA should have as they consider their own liability.

Professional Liability – Making decisions for a group can result in unforeseen liability. As an elected or appointed HOA board member, you are taking on the burden of determining some of actions for your community. If one of those decisions has a negative result, you may potentially be included in litigation.  If so, who will defend you, and who will potentially help you with any resulting financial liability? These answers will typically be addressed in the articles, rules, and/or bylaws that govern the association. This can help indemnify HOA board members. In order to provide this indemnification, the association’s assets and/or a Directors & Officers (D&O) insurance policy should be in place as financial protection.

A D&O policy typically protects the HOA board members if a legal challenge arising from their decisions or actions in a board capacity. Some areas this may come into play include:

  • Rules created by the Board
  • Election disputes
  • Actions taken by the Board such as evictions
  • Demands for allocation of HOA resources
  • Decisions on service providers and/or service offerings

There are often endorsements for D&O that may be included on package policies for an HOA. However, these may be insufficient when considering all the potential liabilities. A standalone D&O policy is often a more complete solution for protection, as it often addresses more coverage areas and may provide higher limits.

When making the decision to cover your HOA board with a D&O policy, talk with an insurance agent who has the experience and market options to adequately address your group’s needs. If you need a place to start, please reach out to Brandon Patterson at 865.453.1414 or brandon@ownbyinsurance.com for more information.

Understanding Replacement Cost on Property Insurance Policies

Posted on by Ownby-Client-Login

Unfortunately, many people in our community were again impacted by wildfires in the recent weeks. While not everyone’s property was damaged, it has many people thinking about their insurance should a claim occur. We’ve had many calls from our insureds who wanted to have a better understanding about “Replacement Costs” and what is – or isn’t – included on their current policies. Let’s take a look at what replacement cost, extended replacement cost and guaranteed replacement cost really mean for insureds.

Replacement Cost
If you have damage or possibly even a total loss of your home, vacation home, cabin rental property, etc., you’ll face costs to rebuild. If your insurance policy pays for these claims based on “Actual Cash Value” then there will be a deduction for depreciation of value in the amount paid to you. Replacement Cost will pay to replace the items you lost to a covered peril (what caused the claim) at a similar quality up to the stated policy limit. So, if it is personal property like a TV, a similar model or quality would be paid for to replace it. If it is the structure itself, similar building materials would be covered up to the stated policy limit.

Extended Replacement Cost
With incidents that or more widespread – like wildfires – the cost of replacing items can be higher than normal. It may also be difficult to find materials, labor, etc. – resulting in increased costs that are out of your control. Extended Replacement Cost can be added to most policies to give you additional coverage for the dwelling structure. Typically, this can be added in increments of 10% to 25% (and in some cases as much as 100%) of the “Coverage A” limit on your policy. This can give you a “cushion” in case you face a loss that results in the rebuild costing more than the dwelling limit of the policy.

Guaranteed Replacement Cost
Guaranteed is obviously the word to focus on here. If you have Guaranteed Replacement Cost on your policy, the insurance company is agreeing to pay the actual costs to rebuild your property back to its original condition. This is obviously a more expensive option, and not all insurers offer it. However, if available for your property, this would be the way to ensure that you can completely rebuild after a loss with the quality and materials of the original structure no matter the external circumstances impacting those costs.

As you can imagine, there are caveats to these coverages including availability, costs, and policy language. We’d love to help you walk through your current policy or discuss options for a new one. Please contact us at info@ownbyinsurance.com or 865.453.1414 for more information.

Professional Offices – Your Exposures May Surprise You

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If you own and/or operate a professional office that offers services like accounting, chiropractic work, dental labwork, etc., you may think that your exposure to claims is more limited than a workplace with frequent physical labor. But in reality, your insurable exposures are just different. Sure, having Businessowners Policy seems obvious, but here are a few coverages you may not realize could impact your business setting.

Professional Liability
Also known as Errors & Omissions (E&O) coverage, this insurance could help protect your business in case you are sued for a professional mistake. For example, if a medical lab makes a mistake in labeling test results and a physician’s office or patient sues as a result. Or, if an accountant gives “poor” financial advice that leads to client litigation. With proper E&O coverage in place, you may have financial protection from legal actions and financial losses that can occur when a client sues your company.

Workers’ Compensation
Accidents can happen, even in professional office settings. Maybe your staff is using lab equipment, moving file boxes, or helping a client with an injured back – one slip can cause a major medical issue. With lost wages and medical care, those issues can add up quickly. In some cases, legal expenses or even third-party lawsuits may be involved in these claims, and having the right coverage is critical.

Employment Practices Liability
In today’s world, how you operate your business is under a lot of scrutiny. If you find yourself in an instance where wrongful termination, discrimination, harassment, contract breach, or other employee lawsuits occur, you may wish you had coverage to help with legal fees, settlements, and/or judgements. If you have properly configured your risk management with Employment Practices Liability Insurance (EPL), you may have that assistance.

Cyber
In professional offices of all kinds, data is a key piece of your day-to-day world. You likely protect that data with IT precautions and staff training. But even with measures in place, breaches, viruses, and ransomware can still infiltrate your systems. In addition to the potential data corruption, breach, or access restriction, you likely will have costs to notify your clients. Much of this could fall under coverage provided by a Cyber Insurance Policy. And although some cyber protection my be included in your other business insurance policies, often a standalone policy is best for this coverage.

With these exposures and coverages in mind, how confident do you feel with your current policies? Get in touch with us today to review what you have in place and discuss the options you have for your business. Please contact Brandon Patterson at brandon@ownbyinsurance.com or call 865.453.1414 to get started.

Workmanship, Materials, and Recall – Oh My!

Posted on by Ownby-Client-Login

Trade contractors have a lot of factors under their control, and many that aren’t as well. So, what happens when there is an issue with their work? Depending on the issue, Contractors Errors & Omissions (E&O) Insurance might come into play. This coverage is meant to protect them from damages that result from their work, and often covers:

  • Faulty Workmanship
  • Defective Materials
  • Recall of Work
  • Design Services (usually limited)

Let’s drill down into each of these.

Faulty workmanship can happen, even to experienced contractors. These issues can cause delays in building, reinstallation/repair costs, and potentially loss of income. If your client were to take action against you for these losses, an E&O policy may help protect your financial interests.

Defective materials are usually going to be out of your control, but they can still cause problems directly for the contractor. If you install these materials and they’re found to be defective, there may still be liability for you. And again, an E&O policy may respond. The same could apply if items you worked on had recalls, and this is different from product recall policies in that damages may not be caused by bodily injury or property damage.

Design service issues could result from your decisions about a project. Perhaps you decided on the type of materials or size of certain materials. If those materials are determined to have caused an issue, you may be held as the responsible party. That could again result in a financial claim where an E&O policy would be involved.

So, what are your exposures as a trade contractor and how do/would your current policies address them? Reach out to our specialist Brandon Patterson at brandon@ownbyinsurance.com or 865.453.1414 and he will walk through these coverages with you.

Your HOA is Watching You, Who’s Watching Their Liability?

Posted on by Ownby-Client-Login

Chances are, if you live in a neighborhood or a condominium, or even if you own a timeshare or cooperative, there is a group that oversees the standards and covenant of that community. General known as homeowners associations (HOAs), this group may provide benefits such as common space and community upkeep, neighborhood events, shared amenities, and group guidelines. You likely pay dues to be part of this group, and you probably agreed to abide by the guidelines when you moved into the home. But with those benefits also comes some liabilities. Who is protecting you and your neighbors from those risks? Here are some of the most common:

Common Space Liability – If you share a common space with your neighbors, whether it be a dog park, greenway, playground, picnic area, or more, there may be shared liability for injuries that occur in those spaces.

Shared Property Damage – If your neighborhood or condo shares property or a building(s), an HOA policy may cover property damage to that shared risk should it occur. For example, if a fire destroys the community’s gym, an HOA policy would likely come into play for recovering on a claim.

These HOA policies are also called master policies, and there are different types commonly found. For single-home neighborhoods or subdivisions, the master policy typically does not extend the homeowners coverage, but rather covers the common areas and shared liability only. For condos, there are typically three types of master policies:

Bare Walls Coverage – Typically covers the basic structure of the condo.

Single Entity Coverage – Typically covers the basic structure plus entire walls, cabinets, and fixtures.

All-in Coverage – Typically covers everything a single-entity master policy covers, but also extends to built-in appliances.

It’s also important to note that with a master HOA policy, the adjusting of claims is based off how the master deed and bylaws of the association are written. Members of the HOA should read these very carefully to be sure that their individual units are insured correctly.

In addition to these coverages, there is liability for the Board of the HOA and other risks that may need to be addressed. We’ll review those in a future article, but if you need to learn more about HOA risks and policies, please contact our specialist Brandon Patterson at 865-453-1414.

Builders Risk Insurance: Who Needs it and What’s Covered?

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Builders Risk seems like a pretty self-explanatory coverage term – but is it? These policy don’t actually coverage the builder themselves, per se, but rather some of their insurable interests. For example, materials such as lumber and drywall, fixtures such as faucets and sinks, and equipment such as alarms or wiring, may be covered on a Builders risk policy while they are awaiting installation. However, there are various policies and provisions for this type of coverage – and your agent should be helping you understand what yours will and won’t cover.

Who Needs It?
Obviously, a “builder” is the most common insured for these policies, but others and eligible and may actually need the coverage. Contractors, house “flippers”, developers, retailers, and school districts are among those who may have an insurable interest in the materials for their projects. But one group that may not be considering this coverage, even though they are usually eligible for it, is home and property owners. Why? You have an insurable interest in the project, and a typical homeowners policy doesn’t cover projects under construction. Some policies may offer a supplemental builders risk policy that can be added to your homeowners coverage – but not all.

What Type of Projects are Eligible?
Another important thing to keep in mind is that this isn’t just a coverage for new construction. Remodeling and installation projects are also opening up risks that may be covered under Builders Risk. Just imagine you’re having new windows installed, and someone vandalizes them while they’re set up outside your house and waiting for the installers to complete them. In that situation, whose policy would pay? The window retailer? The delivery company? The installation company? Or maybe, none of the above. Many factors are involved that could leave you with a gap in coverage unless the right policie(s) are in place.

What Are the Policy Variables?
Loss and damage on construction sites are obviously the focus here, and there may or may not be coverage for theft, vandalism, flood, windstorm, earthquake, ordinance & law, and business income. These are not typically liability policies, although stand-alone liability policies may be available for those risks. The property that is covered may also vary, and that’s why it’s critical to understand what materials you have an insurable interest in – and whether or not they’ll covered. For example, if you’re a landscaper installing rolls of sod, but your policy only covers your equipment, what happens when the sod gets stolen?

Not sure if you need Builders Risk? Have a policy, but not sure it’s the right one? Let us help you figure it out and determine what’s best for your coverage needs. Call 865.453.1414 and let’s discuss it.

Auto Accidents with Uninsured Drivers

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Data indicates that more than 23% of Tennessee drivers are uninsured. That means that if you have an auto accident in Tennessee, there is a decent chance the other driver won’t have insurance. Will your policy cover the damage to your vehicle? What about potential medical bills or time out of work? What if you need a rental car? Let’s look at some of the scenarios that may play out.

What is Your Coverage?
Obviously, you’d expect in an accident with an insured driver that if they’re at fault – their insurance will pay. But if they don’t have insurance, who pays? If you have comprehensive and collision coverage, your insurance company will likely pay for the damage to your vehicle under the uninsured motorist provisions of your policy. But how much can be covered will depend on the limits of your policy – and you’ll still have to pay a deductible. If you only have collision coverage, you may not be covered in the case of an accident with an uninsured motorist unless you’ve purchased Uninsured Motorist (UM) coverage. In this case, you will have a Collision Deductible Waiver (CDW) listed on your policy.

Uninsured and Underinsured Motorist Coverage
Tennessee does not require UM Coverage, but you can typically purchase it for your policy if it’s not already included. If you’d like additional coverage, a Personal Umbrella Policy will typically add more coverage for this “over” your auto policy. And while UM pays for property damage, Underinsured motorist coverage (UIM) pays medical bills for you and your passengers when a driver without enough liability coverage causes an accident. In the case of a driver with minimum insurance limits not being able to fully pay for injuries they cause to you, UIM coverage can provide additional reimbursement.

Impact of UM Claims on Your Insurance
Does having your insurance company pay a UM claim cause your rate to go up? It is possible, maybe even likely. A national study by the Consumer Federation of America found that insurers raise rates by an average of 9.32% after a no-fault accident resulting in an UM claim.

What to Do if You Have an Accident with an Uninsured Motorist
If you do find yourself in an accident with an uninsured motorist, make sure you take the following steps:

  • Call the Police
  • Exchange Contact Info
  • Don’t Accept or Agree to Any Payment
  • Take Photos
  • Gather Any Details You Can

Not sure about what your current policy would cover in this situation? Let us help you figure it out and determine what’s best for your coverage needs. Call 865.453.1414 and let’s discuss it.

Log Cabin Risks That Impact Rate

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They’re beautiful to look at and often fit right in with the natural landscape that surrounds them. But did you know that log cabins have some very specific risks when it comes to insurance? You’ll still find many of the factors that impact a non-log home’s insurance pricing, but here are some other factors you may not have realized impact log cabin insurance:

Properties of Wood
The wood used in construction of your log home is a factor that insurance underwriters take into account. Using larger logs (thicker than 8 inches in diameter) actually reduces your risk, as they are more resistant to wind, fire, and other damage. However, their replacement cost is higher. The wood’s resistance to fire is actually measured by a “fire resistance rating”, which actually estimates, “the period of time a building element, component or assembly maintains the ability to confine a fire, continues to perform a given structural function, or both…”

Damage and Protection of Wood
Speaking of the wood, there are obviously some traits about the material that make it more susceptible to certain kinds of damage. One of the most obvious is damage from wood-destroying insects and birds, including termites, carpenter bees, woodpeckers, and more. Typically, homeowners insurance will not cover insect or pest damage. Many people don’t find this out until they have a claim – often an expensive one – that gets denied. In addition, caring for the wood on your log home is important, as rotting wood is often excluded and “lack of homeowner maintenance” can cause claims to be denied. Staining and sealing the wood on your log cabin on a regular basis is a key piece of that maintenance.

Foundation
Log cabins have various foundation types, from concrete slabs to strips to pads (or tiers). The reason this matters is because of the potential for subsidence (gradual caving in or sinking). The sturdier your foundation, the less risk will be factored into your cost for insurance.

Roofing Material
Although many log homes now use asphalt shingle or even metal roof materials, some people like the look of a more traditional wood shingle. Unfortunately, these materials may be more susceptible to risks like fire, wind, and water damage. This will result in higher insurance rates.

What other factors will your log home encounter in the insurance underwriting process? Contact us at 865.453.1414 and we’ll discuss your specific risks and how you can find the best policy for your property.

A Holiday Disaster Strikes – Would You Be Covered?

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The Holidays are a great time of year, and it’s always fun to spend time with friends and family. We’ve all been to a Holiday party, and maybe even hosted one before. But let’s say the party you host this year ends in disaster. Everyone is having a good time, but then one of guests has too much to drink. On their way driving home, they cause an accident and are also charged with a DUI. They then sue you, claiming they were “overserved” at your party. The victim of the accident also sues you, and things are not looking good. Would you have any coverage from your current insurance policies?

Your car wasn’t involved, but the event did take place at your home. Your homeowners insurance will generally include some liability coverage – but the limits are often $500,000 or less. They may even be as low as $100,000. With lawsuits that could include medical bills, disability, and more, even $500,000 may leave you well short. But there is a way to increase your liability coverage and protect your assets outside of your home and auto coverage – a personal umbrella policy.

Personal umbrella policies, also known as PUPs, can provide protection over your home and auto policies. And often, an additional $1 million in coverage may cost you just a few hundred dollars per year. While these policies are generally written by the same insurance company that covers your home and auto, there are “standalone” policies available that can be written over different companies.

If your total assets (home, vehicles, boat, checking, savings, investments, etc.) are over $1 million, you need a policy(ies) that cover those assets. Higher limit PUPs are available as well, and you should talk to your insurance agent and financial advisor and be sure that you have the coverage you need in place.

Need help with an insurance review? Give us a call at 865.453.1414 and we’ll help you start the process!

*Coverage and claims payments are always subject to the language in your insurance policy. Be sure you discuss it with your agent.