No-Fault Insurance

Insurance term, definition, deductible, insurance deductibe, what is a deductible,

How auto accidents are resolved vary by State

State auto insurance systems fall into one of two general approaches.  The majority (38 states) operate under Tort laws.  Tort law enables wronged parties the ability to seek compensation from the people or parties responsible.  

The remaining 12 states use an approach that is referred to as the No-Fault insurance system.  No-Fault does not mean that no one is at fault.  Providing additional insights into the no-fault system is more of a challenge.  In its purest form, no-fault insurance means that regardless of fault, each party or their insurance company are responsible for the loss.  A more accurate representation is that each party is required to cover their own losses up to a threshold.  The system was initially adopted by 22 states under the premise of reducing litigation cost and ultimately the over cost to consumers.

Kentucky operates under a no-fault insurance system.  The Kentucky no-fault process is sometimes referred to as a choice no-fault insurance system. Kentucky no-fault system applies to both personal vehicles as well as business vehicles written on a commercial insurance policy.    

Is Flood Insurance Only Available Through FEMA?

Your home is not automatically covered by flood insurance

Insuring yourself against flood risk is a little different than other insurance policies. Many people mistakenly assume that they have flood coverage through their Fisherville, KY homeowners or renters policy, but they don’t. In order to protect yourself from flood risks, you need a specific flood insurance policy to cover related losses. While you can purchase federal flood insurance through an insurance agent, most flood insurance policies are administered through the National Flood Insurance Program (NFIP) and can be purchased by homeowners, businesses, and renters from an insurer who contracts with FEMA.  


 

What Does Federal Flood Insurance Cover? 

The maximum flood insurance coverage amount is $100,000 for the contents of your home and $250,000 for damage to the structure. Commercial flood insurance through the NFIP provides up to $500,000 for your building’s materials and $500,000 for damage to the structure. You can also buy what is known as “excess” coverage beyond the limits offered through NFIP through private insurers. Flood insurance coverage for the contents of your home and damage to the structure is sold separately. Coverage for personal property only applies to its cash value basis, whereas buildings are covered for replacement cost. 

Federal flood insurance will cover direct physical losses caused by flooding and losses resulting from flooding-related erosion. For flood loss coverage for cars, ask your TruePoint Insurance representative for information about optional flood coverage through the comprehensive portion of your standard automobile insurance policy. 

Buying flood insurance 

Need flood insurance?  Buy flood insurance from truepoint, If you have a mortgage and your home is located in an area that has been identified by FEMA as a flood zone, chances are, you have been notified that you need flood insurances.  If not consider review the previous link regarding who needs food insurance.  If you would like additional information, one of our agents will be more than happy to assist. 

When buying flood insurance coverage, remember that almost 100 insurance companies offer NFIP policies. It’s easy to purchase. You can purchase a Federal flood insurance policy directly from an insurance professional. However, it does require a waiting period of 30 days before the policy takes effect. 

Flooding can occur at any time and threaten your Fisherville, KY home, so don’t wait until the last minute to purchase it. Call TruePoint Insurance today for more information about protecting yourself from the risks of flooding. 

Do you need flood insurance? Learn more about the people insured by the National Flood Protection Program.

Do You Need Commerical Insurance For A Business Providing A Service?

If you are the owner of a business that provides services to clients or the public, you may wonder if you need insurance, especially if you operate from home. All businesses that provide a service should have some level of coverage, even if it is liability coverage.

Businesses Providing A Service

If your company or organization provides a service to people, you need protection. You never know when you or someone you work for will be injured or suffer a loss. You can be held accountable for any incidence, and it can cause financial devastation without the right coverage for your market. Some businesses that need reliable coverage include lawn services, repair services, home health, in-home daycare, and more. Speak with an insurance expert to find out what type of coverage suits your business needs and make sure you don’t have costly gaps.

Working With An Expert

Always choose an agency that has expert agents when it comes to commercial insurance. They will help you find security and peace of mind with high-quality insurance products that protect you from a variety of dangers an potential threats to you and your business. If you live around the Fisherville, KY area, you can trust TruePoint Insurance to guide you in the right directions and present options that you need.

Don’t take chances if you provide a public service. Something could happen at any time and can jeopardize your career and your financial situation unless you have the right insurance coverage. Call or stop by TruePoint Insurance, proudly serving the residents in and around the Lawrence and Fisherville, KY area. We will work with you to find a policy that fits your situation and answer all of your questions.

Is Your Home Winter Ready? – Part 1

If you live in a climate that includes cold winters, you know the season creates special challenges for homeowners. In this article, we discuss an icy situation.

Ice Damsice dams, winter peril

An ice dam refers to ice that has formed along a roof’s edge. The dam of ice blocks additional water and the pooling water backs up and finds pathways into a home’s interior. This water may cause deterioration and decay to interior wood and plaster, drywall or other insulation materials. Once an ice dam has forced paths into a home, the roof becomes more susceptible to future ice dams and water damage.

Too much heat rising from the home to warm the roof is the most frequent cause of ice dams. The process occurs unevenly with the warmer area at the higher part of the roof melting the snow and then the cooler, lower area, particularly the roof edge, permitting the water to refreeze and then accumulate. Inadequate insulation lets too much heat escape into the attic and this creates a warmer roof. Improper ventilation creates moisture and heat buildup due to the lack of air movement.

How To Detect A Problem

Compare the way the snow is melting from the living area of your home with how snow appears on the roof over an unheated area such as a garage or shed. How does any snow coverage on your roof compare with your neighbors’ homes? Check for icicles. They can be pretty, but heavy icicle buildup means that interior heat is melting a lot of snow and may contribute to ice dams.

How To Prevent Ice Dams

There are a number of ways to help prevent ice dams:

  • Clear excess snow from the roof. However, in order to minimize damage to the roof and roofing, hire a professional to remove the snow.
  • Add rubberized or special roofing adhesives to help prevent pooled water on the roof from finding entry into the home’s interior.
  • Inspect the attic and roof for cracks, holes, or joints that permit warm air to escape to the roof, and seal or repair these areas.
  • Add the recommended amount of insulation to the attic and exterior walls of your home to minimize escaping heat (this also reduces your heating costs).
  • Reduce your home’s thermostat and throw on warmer clothing during extended cold spells.
  • Clear your gutters and downspouts so that water is properly shed off your roof.

As always, an insurance professional is a valuable source of safety and insurance information. Don’t hesitate to contact an agent to discuss your questions. If you haven’t had the chance, please be sure to read parts two and three of “Is Your Home Winter Ready” which discusses other winter concerns.

 

Continue to Section 2

 

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Contractor’s E&O Insurance

Closing insurance gapsIf your business has never had to turn in an insurance claim many will tell you to consider yourself lucky. Others may tell you to give yourself a pat on the back. At TruePoint, we will tell you that it is highly likely that both are true.
No one enjoys turning in an insurance claim. Once we get past the fact that no one is injured, an explosion of thoughts race through our minds. How much is this going to cost? What’s my deductible? How much will my insurance premium go up? Will I get canceled?
The one thought that is seldom considered is, “will my insurance company deny the claim?” Most small businesses seldom consider needing anything more than a General Liability policy. If you are a contractor that has had a past claim denied, then you most likely know where we are headed.
General Liability Insurance or GL covers a boatload. Even if you are not liable, it will pay claims made against you by a third party. Most legal fees, settlement costs, damages to property, bodily injury and more are covered. Your general liability policy should also pay claims related to slander or libel. It will also pay for some construction-related claims as long as they fall under the completed products coverage.
Most claims not covered by the general liability coverage policy are logical. First off we can exclude every claim not related to damages that we’ve caused to others. Buildings and other property must be covered by a property form. Some liability related losses are not covered by the commercial general liability (CGL) policy. The following are some of the most obvious examples:
•      Property Damage and Body Injury resulting while operating a vehicle Commercial Auto         Policy
•      Injuries to employees while at work Workers Compensation
•      Liability coverage for Doctors, Lawyers, etc. Professional Liability
Professional liability insurance is sometimes referred to as errors and omissions insurance or E&O. Warning to the wise, take care to review all policies. Professional Liability and Errors & Omission coverages differ. While E&O is more applicable to most contractors, it’s crucial that you make sure that the product you are buying provides the coverages you need.
Why is it that certain professions need E&O insurance and other need General Liability?
First of all, I don’t think this is a simple as flipping a switch. Up for GL and down for E&O. The two are entirely different and independent coverages, and many businesses are apt to need both to be adequately insured.
We mentioned earlier that General Liability insurance doesn’t cover certain losses. We already identified a couple of the more obvious types. You should also be aware that negligence, failure to offer a service, failure to act in good faith, misrepresentation are a few additional examples of exposures not covered by a CGL policy.
Do the gaps in General Liability coverages mean that contractors and other construction-related industries need Errors and Omission coverage? Possibly, each case is different. But if you’re not considering it, then you may need to find an agent that will work through the issues and provide enough insight into the question for you to make the right decision.
Most contractors have enough exposure that they could benefit by adding E&O coverage to their existing policy. The approach TruePoint takes in exploring whether Errors and Omissions should be added is no different than the way we treat any other coverage that is required. We start defining the types of risk that are being considered. In the case of contractors E&O we would ask questions similar to those below:
1.      Does your General Liability insurance protect you against claims for faulty work?
o      You’re correct if you answered NO! Advance to #2.
o      General Liability does not provide coverage for defective work. Call (502) 410-5089 or go to www.insuringky.com to learn more if you answered question 1 in the affirmative.
2.      Does your General Liability cover your work and products?
o      Again you are correct if you answered NO! Advance to #3.
o      General Liability does not cover your work or products. If you answered YES visit our site www.insuringky.com to learn more about TruePoint Insurance.
Contractors can have significant gaps in coverage that can be eliminated or reduced by adding Contractors’ E&O. The next step that we advise is to determine your exposure. We begin by developing a risk profile which at a very basic level answers the following:
•      your potential loss exposure (both a median or average potential loss as well as a max loss)
•      the expected frequency of the type loss being considered
The final step is to help you decide if the cost of the added coverage is reasonable relative to the reduced exposure:
•      We determine the cost to transfer the risk (in this case, how much will you pay for the E&O Policy)
•      And we then compare the cost to insure versus the exposures identified in the risk profile.
TruePoint works with commercial accounts in Kentucky and Southern Indiana to help them better understand their business insurance needs. Our focus is on how we can help you to most effectively develop and execute a strategy for your commercial insurance needs.

Understand the implications of waiving the right of subrogation

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August 29, 2018

STOP! VERY LOUD STOP!

Before you agree to a Waiver of Subrogation

If you are a vendor, supplier, sub-contractor, third-party provider or tenant, you may have been asked to sign a Waiver of Subrogation.  It may have come in the form of an endorsement/stand-alone document or it may have been part of a broader contract.  WARNING: Do Not Take These Lightly!

By waiving the right of subrogation, you are signing a court-tested, legal document which will make it impossible for your insurance company to recover money they are due from an At-Fault third party.  While the Waiver of Subrogation may be required before you can get a job, rent a commercial space, or provide materials or products, you aren’t authorized to grant this Waiver.

Am I prohibited from entering into a contract that contains a Waiver of Subrogation?  No, you may very well be able to enter into such an agreement.  However, before doing so you need to provide the information to your insurer.  The will either authorize the waiver or provide you with guidance regarding the language that would be acceptable.    Return to TruePoint Home Page

What happens if I already have entered into a Waiver of Subrogation?  DO NOT HIDE or OVERLOOK this.  Failure to disclose this information could result in cancelation or denial of coverage.

 

 

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Commercial Insurance-Vacant Buildings

Vacant Commercial BuildingVacancy Provision

In some ways, personal insurance and commercial insurance have common threads.  But don’t kid yourself, getting your arms around commercial insurance is a considerable challenge.

Under a commercial property policy, coverage is significantly different for buildings that are vacant for extended periods. Usually, certain types of coverage are completely eliminated during the vacancy. Insurance companies are interested in protecting ongoing businesses and premiums are based upon active occupancy. Continued, full coverage may be provided, but that is only at the insurance company’s discretion. If a vacant risk is accepted, it usually means paying more premium.

Definitions

Before any coverage restrictions can be imposed, the insurance company must define exactly what they mean by vacancy and the definition is affected by the type of occupancy:

Tenant – When the insured is a tenant and the policy covers that insured’s property interest, the definition of building is the unit or suite Business Space for Lease in Lawrenceburg, KY that has been rented or leased to the tenant. That building is considered vacant when it no longer contains enough business personal property to conduct the customary operations of the insured tenant.

Building Owner Or General Lessee – When the insured is a building owner or general lessee, building is defined as the entire building. The building is considered vacant UNLESS a specified percentage of the total square footage is rented to a lessee or sub-lessee and used by the lessee or sub-lessee to conduct its customary operations OR is used by the building owner to conduct customary operations.

Buildings Under Construction – Buildings that are under construction or renovation are not considered to be vacant.

Vacancy Provisions

Now that vacancy has been defined, the vacancy condition can be stated. If the building where loss or damage occurs has been vacant (see definition above) for more than 60 consecutive days before the loss:

  • the insurance company will pay NOTHING if the loss was caused by vandalism, sprinkler leakage, glass breakage, water damage, or theft (including damage from attempted theft).
  • the insurance company will reduce any loss amount by 15% if the claim is due to any Covered Cause of Loss not listed above.

Vacancy PermitReturn to TruePoint Home Page

When vacancy does occur, many companies, for an additional premium, will add a provision (sometimes called a Vacancy Permit). This form changes the policy wording so that it provides coverage for the property during specific time periods when the applicable premises are vacant.

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Certificate of Insurance

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August 12, 2018

Certificate of Insurance

Document issued by an insurance company or broker.  The primary purpose of the certificate of insurance (COI) is to provide proof of coverage to interested third parties.  Upon request by the insured, a valid certificate is sent by the broker or the insurer directly to the interested third party.  In most cases, the certificate comes in one of two industry standard forms:

 

 

 

 

 

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Kentucky No-Fault Auto Insurance System

What you should consider when buying Auto Insurance in Kentucky

What is No-Fault Car Insurance

Sometime between the First and Second World War, Academia developed the concept of no-fault insurance.  Aimed at removing auto claims from the U.S. tort liability system, under a no-fault system, insurance companies could resolve customer claims, What is Kentucky No-fault insurance?  Is Kentucky a no-fault state?  Why no-car insurance?regardless of fault.  The theory behind this was that insurance companies would resolve disputes between themselves more efficiently.

For obvious reasons, this never took off.  Over time blended versions of the theory were developed that provided access to the tort system when predefined limits were exceeded.  Under this blended approach, no-fault insurance began to get positive support for the states.  So much so, that at one point almost half of the states had developed and instituted a no-fault system.

Of the twenty-four states that put a no-fault auto insurance systems in place, only twelve remain.  The states that continue to have a no-fault system are; Florida, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

What Kentuckians need to know about no-fault insurance

You may have heard of PIP, or Personal Injury Protection Coverage.  By law, all Kentuckians are required to have a minimum of $10,000 PIP Coverage on motor vehicles (motorcycles are excluded.)  Often referred to as Basic PIP Coverage, this can be used for medical and other related costs for injuries sustained by individuals in the insured car, regardless of who is at fault.

Kentucky drivers by default, forgo tort rights as related to damages that occur while Return to TruePoint Home Pageoperating automobiles until certain minimums have been met.  While motorcycles operators and passengers are excluded from the PIP, it is optional.  Although PIP is optional, motorcycle operators should seriously consider carrying the optional Basic PIP Coverage.  Otherwise, they may find themselves in the difficult position of having no coverage and no rights to sue for damages as, by default, they have accepted the states standard tort limits.

Feel free to give us a call if you have additional questions related to Kentucky’s No-Fault Automobile Liability System.

Special Form

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August 4, 2018

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

The Special Form is the most comprehensive of the three ISO (International Organization for Standardization) forms used by the insurance industry.  The forms are used to define which perils or causes of loss are covered.  Unlike the Basic and Broad Form, the Special Form does not specify the covered causes of loss.  This form actually covers all causes of loss unless they have been specifically excluded.  Generally, the Special Form excludes coverages for the following perils:

  • Earthquake                                                Return to TruePoint Home Page
  • Flood
  • Neglect
  • Ordinance of Law
  • Power Failure
  • Intentional Acts,
  • War
  • Nuclear Hazard

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copyrighted 2015-2018 TruePoint insurance group, llc all rights reserved