Broad Form

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August 4, 2018

Broad Form (Homeowners Insurance Covered Causes of Loss: Broad Form)

The Broad Form is one of three ISO (International Organization for Standardization) use by the insurance industry to define which perils or causes of loss are covered.  Generally, the Broad Form covers the perils covered by the Basic Form (see below):

  • Wind, Hail                                                    Return to TruePoint Home Page
  • Lightning
  • Fire
  • Smoke
  • Explosion
  • Sprinkler Leakage
  • Sinkhole Collapse
  • Riot
  • Civil Commotion
  • Collison by Aircraft
  • Collision by Vehicles
  • Vandalism
  • Volcanic Activity

Plus the Following:

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  • Burglary
  • Falling Objects
  • Weight of Ice and Snow
  • Artificially Generated Electricity
  • Freezing of Plumbing

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Insurance Companies Working Behind the Scenes Making the World a Safer Place

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The Greatest Tragedy of our GenerationThe Greatest Generation.  Triumph over adversity

I’ve heard that tragedy defines us.  I disagree with that; it is how we as a group rise and address adversity that defines us.  An excellent example is my grandfather’s generation.  They’ve been referred to as the Greatest Generation, a fitting accolade to the group that defended our freedom and won WW II.

What is the great tragedy of our generation?  Is it global warming?  It could be the rise of terrorism!  While I can’t answer the question, I do know that school shootings and other active shooter related incidents have to be somewhere in the mix.

Tragedy is often the precursor of innovation.  It certainly was during WW II.  It also drives changes and the creation of new products in the insurance industry.  The insurance sector exists because individuals, businesses and other entities have a need to transfer risks to another party.  Increasing active shooter incidents in recent years and the corresponding legal actions have created demand for products that can provide financial protection.

The insurance industry is actively working to develop products that will protect businesses, schools and other government entities from gaps in current insurance policies.  Professional liability policies were not designed to protect against active shooter risk or anything similar to that.

So what can be done and how do we do it?  Products have been created and will continue to improve that will offer financial protection to entities that have been accused of failing to adequately prepare.  But there is more.

Insurance companies seldom get the respect that they deserve; however, behind the scenes they are making a difference.  The insurance industry is much more than a financial risk transfer vehicle, insurance companies are the leaders in making our world a safer place to leave.  While most of us will never understand the significance, the insurance industry will lead America’s efforts as we deal with the risk of loss of life, mental trauma, and financial loss associated with active shooter incidents.

How?  Who understands risk as well as the insurance industry?  The better we understand risk exposures, the better we can prepare.  The insurance No!  Stop!! Now!!!industry will over time and after numerous assessments develop standards that when deployed will ward off many would be active shooters.  They work for insurance companies will also work to reduce the after effects and of course provide financial relief.

The insurance industry is working to make our world safer.  If you are interested in learning more about the insurance industries role in managing active shooter risk you are more than welcome to contact us:

 

by phone (502) 410-5089

 

by email: info@truepointgroup.com

 

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Liability Insurance

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August 3, 2018

Liability Insurance

 

Primarily provides coverage for bodily injury or property damage that is a result of negligence on the part Return to TruePoint Home Pageof the insured.  Liability policies will pay the amount which the insured is legally obligated to pay up to the limitations associated with the policy.  In many policies, coverage is also provided to cover the associated defense cost.

 

 

 

 

 

 

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Basic Form

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Key Insurance Words and Phrases
August 2, 2018

Basic Form (Homeowners Insurance Covered Causes of Loss: Basic Form)

The Basic Form is one of three ISO (International Organization for Standardization) use by the insurance industry to define which perils or causes of loss are covered.  Generally, the Basic Form covers the following:

  • Wind, Hail
  • Lightning
  • FireLearn about the special form
  • Smoke
  • Explosion
  • Sprinkler Leakage
  • Sinkhole Collapse
  • Riot
  • Civil Commotion
  • Collison by Aircraft
  • Collision by Vehicles  
  • Vandalism
  • Volcanic Activity

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Employee or Independent Contractor? – Part 2

w-2 or 1099In part one of this article, we discussed the situation of properly classifying workers. In this part, we discuss a method for making that distinction.

In the U.S., common law helps determine worker status. Some confusion is created by improper focus on a given work relationship. Instead of a narrow focus, proper worker classification is a result of looking at the total work situation in which an individual performs a job. Essentially, classification is a matter of control. Specifically, consider the following areas:

Behavioral – Who has primary control over how work is done, the business or the worker?

Financial – Who controls how a worker is paid, how are expenses handled, who is responsible for supplies and tools that are needed for work?

Relationship – What defines the work relationship, manner of pay, what benefits are in place, does worker have paid vacation and what is the nature of the relationship?

It’s important that all the above factors be considered when evaluating a worker classification.

Evaluation should be performed on a simple scale. The greater the control by a given party determines how to make a classification. If a business exerts the greater overall control, the worker is an employee. If the individual worker exerts the greater overall control, the worker is an independent contractor.

Practically speaking, areas of control involve the level of freedom a worker has in getting tasks done, but Tax Law Rulesanother element is the nature of the work. Some businesses want to minimize both their tax liability and legal liability (and related payroll costs) by use of independent contractors. However, the situation can’t be a façade. If workers have an ongoing relationship with the applicable business because the work is normal for that business, likely the work involves employees. When the work is unusual for the given business and lasts for a short period, especially when it involves specialize labor or skills not existing in that business, the work likely involves independent contractors.

If a business or a worker is unclear over a classification, help is available from the IRS. Specifically, a work situation description can be submitted to the IRS to get its interpretation. Having that department’s help (and documentation) for a situation could be quite helpful in dealing with both tax and insurance matters.

 

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Active Shooter Risk – Part 2

As we mentioned in part one of this discussion, a strategy for dealing with this exposure involves a significant amount of pre- and post-incident activity. Active shooter programs commonly involve the following:

Non-Insurance Services

Pre-event

Risk Assessment

Employee Crisis Training

During Event

Crisis Management

Second (Event) Responders (those who supplement initial, emergency action of fire, medical and police [first responders] and handle return services and site clean-up.)

Post-event

Counseling Services

Psychiatric Care

Public Relations Disaster Team

Investigation Assistance Funds (Rewards)

Expenses for additional, temporary security measures

Insurance Services

Liability Coverage for Lawsuits due to loss created by active shooting incident

Limits vary from $250,000/$500,000 up to multi-million dollar maximum

Business Income and Extra Expense

Limits vary from $1 million up to $100 million

Emergency medical care

Rehabilitation Expenses

Funeral and Burial Expenses

Marketing for the product targets those who are most vulnerable to this exposure such as Educational institutions, Entertainment organizations, Hotels, Healthcare providers, Religious institutions, Retail organizations, Shows (ex. Fairs, Trade Shows and Rodeos.)

 

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Active Shooter Risk – Part 1

Headlines tragically remind us quite frequently that many aspects of our lives have become unavoidably dangerous. Sadly, this danger is due to the whim of individuals and access to weaponry. The deadly risk is the “active shooter incident.”School Shootings

An active shooter incident describes a situation in which at least one person is actively killing or attempting to kill persons in a populated area. Naturally, as we are referencing a shooter, such incidents involve firearms.

Active shootings are becoming more common. Studies made by the FBI between 2000 and 2015 indicates annual mass-shooting events rose from 6.4 per year to 20 per year. Studies also show that most shootings take place within a business or school (educational) environment. The frequency of shootings is accompanied by, on average, an increase in the number of persons killed or wounded per event.

As with any other risk that becomes significant, it is very important to find a strategy to deal with active shootings. Insurance is among the tools helpful with both pre- and post-incident planning. However, much uncertainty exists regarding protection for active shooter losses.

school shootings out of controlFirst, there is customer expectations. Insurance consumers may be under the impression that damage and injury created by shooters are covered. Second, the insurance market is fragmented over the issue depending upon how incidents are interpreted. Coverage may be sought from existing policies that individuals, commercial or non-profit entities may already carry, including General Liability, the Liability portion of Homeowners, or Workers Compensation. On the other hand, responsibility for harm due to a shooter may need to be covered by a form of professional liability policy as the obligation to protect against shootings may be considered as a failure to provide adequate security.

Confusion may also be caused by insurance policies via the silent coverage problem. An insurance form is considered silent when it neither specifically names nor excludes a source of loss, such as shootings. It can be chaotic during the time it takes to clarify coverage gaps.

The insurance sector has a reputation as being slow to react to change. Of course, speed is never at the level that most would wish when new coverage issues arise. However, the insurance market has been stepping up and addressing the serious active shooter exposure. While there is the option of trying to amend standard policies to add protection, other ways that coverage is being addressed are separate policies that supplement insurance protection with a variety of services.

Please see part two for more information on this issue.

 

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CDL (Commercial Driver’s License)

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In order to drive a vehicle and/or trailer with a combined weight over 26,000 pounds, you are required to have a commercial driver’s license (aka a CDL.)  There are three different classes of CDL’s and six endorsements.  The classes are:

 

Class A CDL

As previously stated, the operator of any truck and trailer with over 26,000 Gross Vehicle Weight (GVW) is required to have a CDL.  Additionally, the driver of any truck hauling (or pulling a trailer) with a GVW that exceeds 10,000 must have a Class A CDL.

Class B CDL

A Class B CDL is required to operate a vehicle with a combined weight of 26,001 pounds pulling another vehicle with a gross weight of that is less than 10,000 pounds.

 

Class C CDL

Drivers of passenger vehicles carrying 16 or more people are required to have a Class C CDL.  The same is true of vehicles hauling hazardous materials.

 

In addition to the 3 classes, are 6 endorsements.  These six endorsements indicate successful completion and testing, authorizing the driver to operate specific types of commercial vehicles:

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  1. School Buses
  2. Tankers
  3. authorization to pull more than one trailer
  4. Commercial vehicles transporting passengers
  5. Haz Mat
  6. Combination Haz Mat/Tankers

 

 

 

 

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