My business doesn’t own a car, why do I need auto insurance?

Many business owners think just because they don’t own a vehicle, they don’t have any exposure to auto liability. Often, even businesses that do not own a vehicle need auto insurance, specifically hired and non-owned auto insurance.

Any time an employee is driving a vehicle, even their own, on “company time” or for a business purpose, the employer is exposed to liability. This is due to vicarious liability, the concept that one can be responsible for the acts of another. This is commonly referred to as the master/servant rule or respondent superior “let the master answer.” Because of this rule, employers are often responsible for the actions of their employees, even when the employer did not direct them to do something. If the employee drives their personal vehicle for a business purpose and is responsible for damage, the business is just as responsible. Cases are even more clear cut if the employee was in a vehicle rented primarily for business. For instance, when the employee is attending a conference and rents a vehicle.

The answer to this is hired and non owned auto insurance. For most small businesses, the insurance carrier writing the package policy or the “BOP” business owner’s policy, is happy to include the coverage. Most of the time, hired and non owned auto liability insurance is only a few hundred dollars per year, and is a worthwhile addition to your insurance program.

Insuring Vacant Buildings

Vacant buildings, especially recently, are a fact of life. There are a few things that everyone should be aware of with insuring vacant buildings, especially going into the winter.

A vacant building is any building, which contains no furniture, fixtures or equipment and is not used on an ongoing basis. It also has not been used for at least 30 days. Vacant buildings are prone different risks than occupied ones. They have higher rates of vandalism and theft of building property. Vacant buildings also have higher rates of frozen pipes because they are frequently not winterized.

There are real consequences for insurance on vacant buildings. If you do not tell the insurance company that the building will be vacant and you have a claim, payouts are often reduced by 15% and there is no coverage for loss by damage in the course of a theft or vandalism. Also, frozen pipe claims are generally excluded when the pipers were not drained or the building was not heated.

If you do tell your insurance company that a building is vacant, they may choose not to renew the policy. If there is a plan to re-occupy or dispose of the property, than the insurance company is likely to grant a "vacancy permit" which gives most coverage back on a vacant building and eliminates the claim payment penalty. If you happen to have a number of buildings, most companies have standards for vacancy percentages. Alternative insurance is available specifically for vacant buildings. These policies are easy to obtain, just ask your current broker.

It's best to have a plan for your vacant property. Even hold for 12 months pending market improvement then list for sale is better than not offering a plan to use the property. And while you hold the property, there are some things that you can do to minimize your risks. If it is a residential property, make it appear occupied. You could put some lights on timers, leave some furniture in the home, or install some "staging furniture" (made entirely from cardboard). At the very least, drop by the property on a weekly basis, keep the lawn mowed, and in the winter drain the pipes if the building will not have heat.

With a little time and effort, you can really minimize the chance that you will take an uninsured loss on a vacant building.

If you just need the insurance - call my office today - 312-566-9700.

Property Insurance Limits in a Declining Real Estate Market

It wasn't that long ago insurance agents were explaining to property owners and mortgage brokers that they didn't need an $800,000 homeowners policy on a 2000 square foot house, even though that was the market value. Property insurance valuations can be done on three valuations, replacement cost (what it would cost to rebuild), actual cash value (replacement cost less depreciation), or agreed value (a fixed number agreed with the underwriter).

The vast majority of property insurance is written on a replacement cost basis. The idea is that if there was ever a total loss to the building, most people would want the ability to rebuild. Replacement cost includes the increased (or decreased) cost of updated building methods and includes the cost of construction to current building codes. Replacement cost is not market value. Market value is what someone is willing to pay for the building and the land in its current state. Replacement cost does not include the value of the land, which can not be destroyed. Just a few years ago, in the booming real estate market, replacement cost was usually less than the market value of the home. Insurance agents were constantly explaining to insureds that just because their house appraised for double purchase price several years prior does not mean that the insurance value needs to be increased. This fight was often lost with the mortgage company with the processor saying over and over again "we need to insure the mortgage value" or "that's not what the appraisal says." Many homes went over insured, and premiums were inflated.

Now most homes have declined in market value. Especially in urban settings, market value of the home is now replacement cost. So what's a homeowner to do? Well, it depends on your objective. If there was a significant loss would you rather rebuild at the same location, or take one of the comparable properties on the market at a lower cost? If you would want to rebuild, you need to make sure the insurance policy limit covers the cost to rebuild. Sometimes that can be found on an appraisal, but most mortgage companies don't require it to fund the loan, so it's often not done. If it wasn't done, your insurance agent can help you determine a replacement cost for you. This number could be higher than the purchase price.

If you would just buy a new home for market value (assuming it's still less than replacement cost), than you would want to insure your home for actual cash value. This is the replacement cost of your home, less depreciation, and is closer to fair market value. The cost per thousand of insurance is slightly higher, but the overall policy cost can be much less. As always, don't let someone else make your choice. Your mortgage broker isn't interested in protecting you and your insurance agent doesn't know what you want. Both replacement cost and actual cash value are good options. In light of deflated home values and foreclosures, evaluate all your options.

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Privacy Liability

If your business stores personal information, you have a responsibility to guard it. More often, we're hearing in the news about stolen, misplaced, or poorly guarded personal information. The employee that had backup tapes stolen out of a car, the misplaced laptop, and even the dreaded "targeted attack." Patient records, student records, credit card information, even employee information is all at risk. '

To make it more challenging, many states now have mandatory disclosure statutes. So after the company becomes aware of circumstances that could have lead to a disclosure (even if it isn't likely) they are required to notify every affected person and may be required to offer free credit monitoring. To make it more cumbersome, these laws are changing rapidly and are not uniform from state to state.

And to top it off, the breaches can be staggering. University of Florida had an incident potentially disclosing information on 107,000 people. The cost of a mailing alone to that group is large.

Privacy liability insurance not only offers some protection against the suits and pays for mandatory disclosures, but the claims team has experience with these incidents. The brain power of a privacy liability claims team is as valuable and faster than hiring a special consultant. The claim team costs are also not counted against the policy limit.

As we move to make more information accessible, safeguarding it becomes even more important. Privacy / network security insurance can offer protection for a quickly and stealthily increasing exposure.

Broker and Insurance Policy Value

People are always talking about the commoditization of insurance and the future of independent brokers. I believe that brokers will always play a role in certain insurance. However, brokers add cost to insurance, so clients have to see value. Some do see value, some will never see value (or perhaps there isn't much) and some are in the middle and can be pushed either way.

It's always tempting to compete on price. Everyone understands money in their pocket, and it doesn't take much expertise as an agent or broker to do it. And if you compete on pure price and nothing else, the broker will eventually get squeezed out of the transaction.

Those that have moved to buy their insurance online believe that they don't need professional help to buy insurance. And, in some cases that's true. The people who buy state minimum auto insurance for their 20 year old junker car don't care about claim service or higher policy limits.

And I think for low claims frequency accounts this will always be an uphill battle. People are bad at preparing for the 100 year flood, but much better at preparing for the storms that come every year. If you have an insurance policy that you haven't had a claim on in at least five years, it feels more like protecting against something that will never happen. You're apt to keep buying it at bottom dollar, if at all.

However, the larger accounts that have a few claims every year, tend to care about more than price. They know they need a broker to help navigate the waters. Perhaps even risk management consulting. For them, the cost of the policy isn't the only cost. It's also the dollars they recover from first party claims, minimizing third party claim payments, claims reps that care, nuanced coverage that fits unique exposures, choice of council and 100 other things.

It's easy for me to sell value and knowledge to my clients that have the storms. The challenge comes to show value to the smaller clients. And that's why those clients end up with policies that don't cover everything or an agent that doesn't understand the exposures....they want bottom dollar. For these clients, until they have a claim, the policy is a commodity.

A good broker takes on clients that have a real need for his services. He adds something to the transaction in exchange for what he is paid. Those are the brokers that understand the coverage available, the difference between carriers, and have the risk management experience. There will always be room for anyone providing a service with real value.

Friday Break

Ok, so believe it or not being an insurance broker can actually be pretty amusing sometimes. You hear lots of great stories, and some people tell some whoppers. Today's story is from my personal lines days some years ago. I call it, the man with 14 cars.

When I started in this office, the man, let's call him Mr. X, and his wife had 2 cars and two children. These children may have been teenagers, we're not entirely sure. One day Mr. X calls the office to add a third car. As I always did, I asked him if there was now a third driver in the house. And he said that it was just going to be a spare car for the winter. (That isn't all that uncommon, especially if your primary car is a sports car, especially nice, or rather old and prone to break downs.) So, I added the car and took his payment. No big deal. Until, two weeks later, he did it again. And like the first time, no new drivers. And a third time, and a fourth until over the course of about three months Mr. X had 14 cars in his household and two drivers.

Now I know what you're thinking, maybe he just likes to collect cars. I've never met anyone who likes to collect Honda Civics and Mercury Sables, but maybe he's the first. The agent in charge of the office wasn't too concerned with investigating, because Mr. X paid for 14 cars, on time, every month, usually in person. And that's where Mr. X started to get a little cavalier about it. At first, he would run into the office while someone, driving his car, who we knew wasn't his wife, was sitting in the driver's seat. Then, Mr. X couldn't be bothered to make the payments himself at all. At least 5 other people, who all claimed to be Mr. X's brothers or sisters came to the office, driving one of Mr. X's cars, to make his payments for him.

Insurance agents are people too. Mr. X, you weren't fooling anyone. Now, I have no idea exactly what Mr. X was running with his fleet of vehicles, but it must have been something good. Maybe he had a nice little car rental business, or maybe none of his family could get car insurance. Who knows.

But before you go and pull such an obvious and funny scam as Mr. X, think about it. You might just end up providing me with more material for my blog.

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How do I know if I'm paying too much?

Everyone wants to get the best deal on everything that they purchase. That means striking a balance between price and quality. With insurance, quality is measured by what is covered and the claims process. A good broker can help show you the difference in quality between policies, but what about price?

Most people stay with one broker and insurance carrier for many years. Their premiums may go up or down over time, but what others pay may have shifted much more. Every few years, if you have an independent agent, you should ask them to market your policy. In my agency, most of our clients are on a three year marketing cycle. This means, that if our client asks or not, we shop multiple insurance carriers for alternative quotes. We also market if the insured asks, or if we feel a premium increase is unjustified.

There is such a thing as over marketing. If you pay more than $15,000 for business insurance annually, your account is usually reviewed by an individual underwriter. This is a real person, with a name, a face and a memory. If you market your account every year, it develops a reputation with those underwriters that quote it repeatedly, and they start declining to quote, or may not put in the time to give you the best pricing. This goes doubly so in niche writing areas, like social service, fire protection, security, et cetera.

Unless you have an agent that only writes with one carrier, most independent brokers will be able to bring you three quotes. Your independent broker is your advocate and your adviser, you need not sever that relationship to check to see if you're getting the best deal. Now, if you are unhappy with your broker, that is a separate discussion.

If you have a large account (say over $50,000 in annual premium) and you have some losses every year, there is another quick way to see if you are getting a fair deal. Check your loss ratio, that is divide total losses by total premiums, over a few years. If the ratio is under 40% you may be due a decrease, if it is 40-60%, your coverage is priced about right, and if the loss ratio is over 60%, your coverage may be underpriced. Now that is only a rule of thumb and there are many other factors which enter in to this. Also, it's not a good rule of thumb for lines which only have large, catastrophic claims, and very infrequently, like umbrella coverage.

With just a little work, you can make sure you get the best deal.