Internet Liability

Posted on October 14, 2019April 9, 2020 by Brad Smith

Libel and slander have been around for almost as long as there have been attorneys and Judges. The internet is just another medium were they can occur. — Libel and Slander can also occur online

Each day more people decide to create their own Websites, blogs or otherwise participate in social media activities. The reasons for having a Website or blog vary or other activities range from frivolity to earnestness. Personal Websites and blogs commonly describe the host, his or her family, and interests such as a particular hobby, sports, profession, humor, etc. Whatever the reason for creating a Website or blog, they, along with social network activity can represent an additional source of loss that may require additional insurance. The loss potential is directly related to the purpose and content found on the Website.

New Opportunity For Old Losses

Website liability is an extension of the age-old accountability for what you say or write. Such responsibility extends to household members; so it’s important to be aware of what a family’s little E-wizard may be doing. The types of losses that may be created by a Website, blog, or social media activity include:

Libel – knowingly publishing false information that harms a person’s reputation.
Invasion of Privacy – disclosing information that interferes with another party’s peace of mind.
Infringement – violating or interfering with another’s property rights or the right to pursue business

Oops, You May Not Be Covered

libel and slander insurance policy — Are you insured for libel and slander? Most aren’t!

Most homeowner policies protect against liability for tangible injury to another person or for actual damage to another party’s property. Liability created by publishing or broadcasting content typically involves a personal (or non-physical) injury that is not covered by a typical homeowner policy. While individuals may be able to add protection (such as add-ons to a homeowner policy or umbrella coverage), certain losses may still be uncovered because they involve intended acts or business activity.

Can You Protect Yourself?

The good news is you can take steps to eliminate or, at least, minimize the possibility of facing electronic publishing-related loss. The first step is to identify areas of concern. The key to understanding and addressing any possible Website liability is to focus upon:

the nature of the Website or activity
the Website or account’s contents
who may be harmed by the site or activity
how a party may be harmed

It is important that you think hard about these issues and approach the job objectively. Your building a site, blogging or using social media just for “fun” could end with you explaining the punch line in court. Two people can interpret information in radically different ways. Use a method of examining your Website that helps you view it through “fresh” eyes that won’t gloss over important facts. Asking the help of others could be a big plus.

Considerations For Your Web Site, Blog or Social Networking

If you or someone in your household operates or is building a Website, or is active with social media, you need to be aware that the site (or activity) could open you to legal situations. Here are some questions you should consider:

Who created the site or page?

Key consideration: depending upon the circumstances, a private party that created the site for you may share (or even own) the responsibility for damages caused by the site.

What is the purpose of your site or activity?

Key consideration: Is there ANY business activity or purpose? If so, you may have an immediate need to secure appropriate protection.

What content is found at your site or page?

Key consideration: Not only do you have to think about YOUR message, but you must think of other parties that appear at your site such as friends, companion businesses or even miscellaneous links.

Who do you intend to attract to the site and how do visitors use your page?

Key consideration: There’s a big difference in the type of people you’re targeting, such as inviting:

relatives to see baby pictures or family newsletters
customers to request product/service information or to place orders
hobbyists to distribute or solicit stories or advice
strangers to a forum for discussing sports, political or other topics

Is there anyone you would not want to see the site or page? Why?

Key consideration: Answering this question honestly is critical. It can identify prime sources for possible legal action against you. It may also suggest what precautions you may take, including the easiest action such as eliminating the reference to a person, group or organization.

Does Your Site or Activity Create An Insurance Need?

After examining the key concerns about your Website, you should be prepared to take precautions which may include:

adding security features to your Website
changing the content
adding waivers or disclaimers about links or certain pages that appear on your site
adding user agreements to your site
creating guidelines on maintaining current and future content at the site
changing your homeowner coverage
buying additional or special personal or business liability insurance
adding or eliminating a guest book (if you have a guest book, pay close attention to what visitors say)
eliminating the Website

Once you’ve carefully examined your situation, a discussion with an insurance professional could be an excellent step to identify coverage needs which may include having to buy commercial coverage. The instant and widespread access represented by the Internet creates new perils for individuals. Don’t hesitate to seek the help of an insurance professional or even competent legal advice.

COPYRIGHT: Insurance Publishing Plus, Inc. 2016

All rights reserved. Production or distribution, whether in whole or in part, in any form of media or language; and no matter what country, state or territory, is expressly forbidden without the written consent of Insurance Publishing Plus, Inc.

Chimney Safety

Posted on September 30, 2019July 29, 2019 by Brad Smith

Chimneys often enhance a home’s roofline as well as add a decorative interior feature (fireplace) to a home’s interior. However, it is the chimney’s function that deserves the most attention. They are intended to safely disperse the heat and smoke that result from the use of a fireplace. Fireplace fires reach very high temperatures that take their toll on chimneys. It is risky to regularly use fireplaces without making sure that the chimney is in a safe condition.

An April 2015 report from the U.S. Consumer Product Safety Commission reveals that, on average, more than 20,000 fires occur annually across the U.S. that are directly related to chimneys and chimney connections (found with wood-burning stoves and fireplace inserts).

One particular danger when buying an existing home that has a fireplace is that the chimney may have experienced a previous fire. There are certain signs to look for that are red flags, such as the following:

Chimney problems may go unnoticed by most. Missing chimney flues., creosote on the ground, bubbled creosote, warped dampers, dark cracks, and damaged shingles or rain caps. These are all great indications of potential chimney problems. — Unsafe Chimneys: Know the Signs

Chimney flue tiles are missing or damaged
Creosote (tar colored) flakes appear on roof or ground adjacent to the chimney
Creosote that looks puffed or bubbled
Chimney damper appears warped
Exterior masonry has smoke-darkened cracks
Rain cap appears darkened from smoke and/or has a distorted shape
Roofing near chimney appears heat or smoke damaged

Chimney fires can be hidden, intense and even explosive, typically causing very serious levels of damage, often life-threatening. If you make use of a fireplace, wood-burning stove or an insert, it is very important to get them regularly and professionally inspected.

Making Mobile Homes Safer

Posted on September 16, 2019July 29, 2019 by Brad Smith

Insurance for mobile homes can be expensive. Proper anchoring will give your home a great chance of survive the next wind storm. — Properly Anchoring
Mobile Homes are Critical

Mobile homes are vulnerable to serious damage from winds and storms since they are smaller and much lighter than stick-built or factory-built homes. It is important to use reinforcements to make them more stable; such as tie-downs.

Tiedowns come in two basic types; over-the-top tie-downs and frame anchors. Over-the-top tie-downs are straps that resist lifting forces and minimize tip-overs. They are usually used with single-wide mobile homes. Strapping is placed with over the top of the roof or over the structure’s sides. Frame anchors are reinforcements that resist lateral forces, making a structureless vulnerable to sliding off supports

In order to stabilize a structure, the tie-downs must be properly anchored to a foundation, slab or the ground. Anchor types include the following:

insurance for mobile homes: Properly setting a mobile can help reduce the cost of insurance. — Tying down Mobile Homes

· Hard Rock Anchor

· Concrete Slab Anchor

· Cross Drive Rock Anchor

· Drive or Barb Anchor

· Auger Anchor

· Disc Anchors

Straps and anchors have to be used properly and they have to meet various standards such as placement of anchors, anchor fittings, method of installation and ground/site conditions. When anchored to the ground, it may be necessary to make test its suitability as an anchor. If piers and footings are used they must be able to meet various requirements regarding weight support, dimensions, material quality, pier placement, and other areas. Straps and anchors also have to meet requirements in order to be depended on to withstand the stresses winds and other forces.

Use of tie-downs varies by state, state regulations and soil type. Local building inspectors and mobile and manufactured home builder associations are excellent sources for anchoring and tiedown requirement information. Use of that valuable information, along with insurance, is great methods for fully protecting a mobile home.

Gun Liability – It’s Complicated

Posted on September 2, 2019July 29, 2019 by Brad Smith

Guns aren’t tools, always treat them with respect

In 2010, during a party that involved minors drinking alcohol, one guest was shot and killed when a gun, being played with by its owner (another party attendee) went off. The parents of the deceased sued the parents of the gun handler. The latter requested coverage from their homeowner insurance company. The company denied coverage and, eventually, a court ruled that no obligation existed under the insurance policy. The company was released from the lawsuit.

Homeowners coverage, like other insurance policies, is intended to protect against losses that are accidental. Often, accidental losses can be readily determined, but incidents involving firearms are complicated.

Accidental discharge of a gun can be a crime

When one person injures another, both the act and the intent are considerations of whether an incident is an accident. In the shooting incident mentioned above, it was determined that the gun handler was guilty of negligently handling the gun and was jailed. Since a court determined the incident was a crime, it did not qualify as an accident. A loss caused by a crime is ineligible for coverage.

When a loss involves firearms, it is often treated far differently than other circumstances. Consider the following:

Jim is hosting a party at his house for a bunch of high school friends and Fran is one of the persons attending it. Jim, well known to his friends as the group’s clown, is fooling around with an item. Fran, who is nearby, is seriously injured. Later, Fran’s family sues Jim’s parents and they file the lawsuit with their insurance company.

Scenario one – Jim recently became interested in tennis. He brings out a very expensive tennis racket he just received. He brags about how light and powerful it is and he demonstrates strokes. When he demonstrates a backhand, Fran is passing behind him and she is hit, suffering a broken nose and several shattered teeth!

Scenario two – Jim recently became interested in firearms. He brings out a very expensive pistol he just received. He brags about how light and powerful it is and he demonstrates how it is supposed to be handled. When he demonstrates how to aim it, the gun fires and Fran is struck. The bullet hits and fractures her shoulder.

In both scenarios, the injuries are a result of Jim’s immature and careless action. In both situations, no harm was intended. In both instances, Fran is seriously injured. In all likelihood, the losses will not be handled similarly. A tennis racket is a piece of equipment that is intended to be used for a particular sport. It is used for hitting tennis balls and other uses are considered unusual and, for the most part, not dangerous. This loss has a very high chance of being treated as an accident.

A gun is a weapon. It is used for both defensive and offensive purposes and, by nature, is capable of extremely serious, often deadly harm. It is considered to be a dangerous instrument. Therefore, the stakes are far higher whenever a gun or other firearm causes a loss. In many instances, even when harming another party is completely unintended, acts involving firearms also involve far more accountability and may not be classified as accidental. In the shooting scenario, the chance is very high that the loss would be denied.

Because of the danger inherent in guns, it’s important to be aware that losses involving them are often ineligible for insurance protection. That makes it critical that their ownership is treated seriously and every possible precaution against unintended injury be taken.

A Dry Source of Loss

Posted on August 26, 2019July 26, 2019 by Brad Smith

Americans complain to much. Take just one of our modern day conveniences away for a week. — I promise to never complain about doing laundry again!

Handling our many household chores is all about convenience. For many decades, the incredible washer and dryer power duo have made it possible for us to enjoy easy access to clean, ready-to-wear wardrobes. However, these appliances have a dark side that can result in serious loss, particularly dryers.

The United States Fire Administration (USFA), a federal agency that collects and shares data on fire-related losses, reminds us that dryers, while extremely handy, can also be dangerous. In a recent agency report, fires caused by clothes dryers result in losses of $35 million per year, nationwide. Let’s repeat that – $35 million in dryer-related losses each and every year.

Dryer cause 2,900 home fires each year in the US. A third of those fires are due to a failure to clean the dryer. — Preventing a home fire

According to the report, such losses occur more frequently in cooler weather, occurs mostly in residences and, for a bit of good news, most fires are limited to the dryer itself. However, such fires can and do easily spread to other parts of an apartment or home.

More than a third of dryer fire losses are created by insufficient dryer maintenance and improper use. Therefore, dryers, as a source of loss, are quite controllable by homeowners. Here are some suggestions to help minimize dryer fires:

Properly and regularly clean out lint traps – that should include vacuuming out the area housing the lint trap too
Avoid putting items in a dryer which are more prone to igniting such as items containing foam (lined drapes, athletic shoes, bathroom rugs)
Remove lint that accumulates underneath and in areas outside of the dryer which is also sources of fire
Regularly clean out dryer vents. A thorough job is necessary to keep vents free of accumulated lint and, even more serious, bird or rodent nests
Do not overload dryers since fires are more likely due to restricted airflow and higher heat build-up
Make sure the dryer vent pipe is properly installed and is free of kinks (again, to avoid airflow restriction and heat build-up
Consider using a dryer that has a moisture sensor which can end dryer cycles with less of a heat build-up that is permitted by dryers that use thermostats

These simple few safety steps are all that it takes to help avoid a potentially serious fire. Be clean, be dry……and be smart!

Claims By Candlelight

Posted on August 19, 2019July 26, 2019 by Brad Smith

From dark to light, the candle has been mans friend and shown us our path in the dark. — From Dark to Light

If protecting one’s home isn’t complicated enough, it appears that the soft, soothing glow of a candle’s flame may obscure some dark problems. Specifically, the use of candles may result in:

reducing the internal air quality of your home
increasing the chance of fire losses
damages by particulate deposits on interior and exterior walls, carpets, furniture, appliances, window treatments, floors, and other surfaces

Further, the use of candles may also contribute to health problems from inhaling particulate matter or ingesting harmful chemicals.

Defining the Candle Problem

Candles cause nearly 1 of every 3 fires. And there is more, Wicks with lead, soot that is a hazard for our modern homes and more. Is your home covered in the event a candle starts a fire? — Today’s candles can be more
of a hazard than an aid.

Actually, there are a number of problems and they have been accentuated by a change in the market for candles. The last few years have seen an explosive growth in the popularity of candles. They are increasingly used for their traditional, decorative purpose, but the true surge in use has been due to their being marketed as scented candles for deodorizing and for a health-related purpose called aromatherapy.

In both of the above, sales-boosting instances, candle-makers have had to offer products with more intense scents. This is accomplished by adding scented oils into their wax mixture. The increased oil content causes candles to burn improperly and generates a substantially higher level of soot.

A Sooty Situation

It looks like soot, which is a carbon residue produced by burning, can create a large, expensive problem. Since soot is particulate matter that can be carried through the air, it can seriously stain walls, carpets, and personal property. Studies show that electronic and plastic components are also vulnerable to soot damage. Unfortunately, soot produced by poorly burning candles bonds very strongly, making it difficult to impossible to clean. Further, soot may contaminate a home’s heating system, including ductwork. The soot can then be spread throughout a home, creating widespread damage that is difficult to repair. Property stained by soot may have to be cleaned by professionals and, often, the property has to be replaced.

Troublesome candle ingredients

Candle makers are not required to disclose the ingredients. — Do you know what’s in your candles?

You may have assumed that the only materials found in candles were the wick and some type of wax. Surprise! Here’s a list of ingredients which may either be found in a candle or maybe created during combustion:

Acetone Benzene Trichlorofluoromethane
Carbon Disulfide 2 Butanone 1 1- Trichloroethane
Trichloroethene Carbon Tetrachloride Tetrachloroethene
Toluene Chlorobenzene Ethylbenzene
Styrene Xylene Phenol
Cresol Cyclopentene Lead

Another surprise is that the candle-making industry is not required to tell consumers about the ingredients used in their products, including when a wick is used which contains a lead core.

Poor candle design or practices

Have you ever seen a candle with an excessive amount of smoke? That's soot and it poses several threats. The same is true if the candle's flame is very high. — Are candles with high flames or a lot of soot safe?

Besides the use of oils and chemicals, candle-makers sometimes create problems because they commit other mistakes. Candles may burn improperly (causing soot) because a candle’s wick may be off-center or there may not be a proper amount of air in the candle mixture. A candle may have a higher likelihood of causing a fire loss due to:

an improper candle mixture which results in intense heat or high flames
improper holders (glass that shatters or spills flammable liquid)
wood holders that catch fire
flammable items imbedded in the candle mixture such as potpourri

Coverage Under a Homeowner Policy?

Brilliant people read their insurance policies. What types of fire coverage are you protected against? — Are you covered for
losses started by candles?

Damage to a home or personal property due to soot can create serious problems for both an insurer and a homeowner. Losses involving soot can create thousands of dollars in damages. Depending upon the details surrounding a loss and the wording of the particular homeowner policy, coverage for the damage may not be available. Why? Because the source of loss might be considered the result of pollution which may be excluded. Another reason for rejecting a claim may be an assumption that the damage was gradual instead of sudden, so it wouldn’t be considered accidental and sudden damage. A claim could even be affected by the knowledge of the insured. For instance, even if the policy covers soot-related losses, a claim could be denied if a homeowner knew that the type of candle they used could cause damages.

Since the damage is caused by matter that is invisible to the naked eye, it could be difficult to prove that the loss was sudden. Tests can be used to determine the cause of stained or discolored property, but the testing can be expensive and the cost may have to be handled by the homeowner.

What To Do?

It’s all up to you. You might wish to ask more questions about the type of candles you use or curtail your use. You can also discuss whether coverage is available under your homeowner policy with an insurance professional. If you do use candles frequently, you may also want to check your home thoroughly for any stains or discoloration, including any contamination of your heating system.

Exchange Students – Homeowners Coverage

Posted on August 12, 2019July 26, 2019 by Brad Smith

This article briefly discusses how a homeowner policy responds to coverage for exchange students. Please be sure to read the companion article, “Exchange Students – Automobile Coverage.”

Opening your Eyes, that's about to happen for your family with your new exchange student. But waiting until they get here to open your eyes is a big risk. Find out before hand the changes that you will need to make to your insurance. — You have an Exchange Student, Now What?

Note: Check with your exchange student program coordinator to see what kinds of coverage are automatically provided for the child. But don’t take anyone’s word; get copies of documents that prove the coverage situation.

An exchange student in your care who is younger than 21 years is automatically insured under a homeowners policy, treated as if the child were a relative. An exchange student’s property is covered while located at or away from your home. Off-premises coverage is normally limited to 10% of your policy’s Personal Property limit, subject to a minimum of $1,000. On-premises, the policy’s full content limit is available. If your homeowner’s policy had a $70,000 limit for Personal Property, up to $7,000 would be available to handle damage or loss to an exchange student’s property while it’s away from your home, say while at a summer camp. Liability coverage that applies to your family also applies for damage and bodily injury caused by an exchange student who is younger than 21 years of age.

Do you know how to prepare for an exchange student? You need to! — how to prepare for an exchange student.

If the exchange student is older than age 21, then the policy treats the student as a guest. A policy owner can volunteer to extend his insurance coverage to include a guest’s property while at your residence premises or even while you and the guest are at some other location. However, it is sometimes difficult to determine whether an older exchange student is a guest or a tenant – someone who is paying you a reasonable rent for staying in your home.

Hosting an exchange student creates questions you should discuss with an insurance professional who can help make sure your coverage needs are met.

Domestic or Personal Service Workers

Posted on August 5, 2019July 26, 2019 by Brad Smith

Insuring personal service workers:
Gardener — Personal Gardener

It’s quite likely that you face many demands…a job, family, hobbies, volunteer work, children’s school, and recreational obligations. Those items don’t cover chores, such as the lawn and garden, house cleaning, repairs and on and on. Like many of your peers, you might find that you just don’t have the time to get all of it done. Also, like many of your friends and neighbors, you may be “outsourcing” some of your responsibilities. Increasingly, people are hiring others to either assist or to take over duties such as:

child-rearing
gardening
decorating
housecleaning
laundry
grocery shopping
personal errands
child-transport
minor home repairs
lawn maintenance
meal preparation
exercise

While such help used to fall under the auspices of butlers, maids, and nannies, today, individual specialists are providing similar services on either a part-time or full-time basis.

Personal Services and Personal Liability

There is no need for concern for some businesses. Lawn care, limo services, as well as a few other personal service provides have their own insurance. — Many service providers have insurance

When personal services are provided by employees of a commercial business, such as a limousine service, laundry service or a lawn care company, there’s generally no need to worry about being held liable for injury to another person or for damage to their property.

Example: The Burlies never had time to take care of their lawn. As their grass grew thinner and the weeds spread, Mr. Burlie decided to sign-up for the “Green Thumb” package from Lucy’s Lawn Services. One afternoon, a Lucky Lawn specialist arrived at the Burlie’s home, unraveled a hose and began to spray weed killer. A few minutes later, Stevie, who lived several homes away from the Burlies, came rushing by on his skates. Stevie didn’t see the hose until it tangled his wheels and sent him headlong onto the cement sidewalk. In this instance, Lucky’s Lawn Services would be responsible for the injuries.

However, as individuals are hired by Joe and Jane America to perform personal services, the responsibility for injuring other people or damaging the property of others may begin to fall upon Joe and Jane. In these cases, will Joe and Jane have any help in paying for damages or injuries?

Homeowners Insurance to the Rescue

Looking for insurance to protect you from claims related to personal service providers. Check your homeowner's insurance first,. You may already have it. — Homeowner’s Insurance

A person who employs the services of another may be held legally liable should the “employee” cause an accident. Can the average person who is guilty of nothing more than trying to make their lives a little less hectic depend upon their homeowner’s insurance for protection? Well, coverage depends upon the details surrounding an event. Generally, a homeowners policy will exclude coverage for losses that are related to the covered person’s (insured’s) business or when other coverage, such as workers compensation or disability insurance, should apply to the loss.

If you use a handyman you should request a certificate of insurance. — Handyman

Example: Molly Kelp really likes her neighbors’ son, Peter, who is home from college. Molly knows that Peter is struggling for money to keep attending school, so she occasionally hires him to do jobs around her home and yard. One day, she asks him to trim the branches of a tree that is in the front of her home. The branches are low enough to disturb traffic in the street. Peter jumps down from the ladder he’s using for the job at the same time that a car is passing by. The ladder tips over and crumples car’s hood as well as smashes out the windshield. The driver slams on his brakes and is severely cut-up in the process. In this case, Molly’s homeowner policy may apply to the damage and injury caused by Peter. Why? Because the work was strictly related to maintenance of Molly’s residence and premises. If Peter caused an accident while carrying a ladder to paint Molly’s law office which is housed in a converted bedroom of Molly’s home, the loss would be excluded from her policy.

Do Your “Homework” On Personal Services

If you’re not sure about what happens when a person you hire causes a loss, you need to do your homework. Discuss the details with an insurance professional and bring a copy of your insurance policy. Between the two of you, you should be able to make sure that your needs are covered.

Insuring A Mobile or Manufactured Home

Posted on July 29, 2019July 26, 2019 by Brad Smith

Mobile or Manufactured? Knowing what type home you have is critical. — Insuring Mobile and Manufactured homes
can be a challenge.

Insurers commonly provide coverage for mobile/manufactured homes by modifying a conventional homeowner policy with provisions called endorsements. The endorsements change key definitions and other elements of a conventional policy to fit a mobile or manufactured home situation. The result is a modified homeowner package that protects the home, outbuildings (unattached garages, sheds, etc.) and personal property. They also provide insurance for personal liability. Regardless of the type of home you own or live in, it is important that you learn about the coverage options that are available. You may find that different policies vary considerably in coverage and price.

Coverage for mobile/manufactured homes is generally offered using two approaches. Some policies include a laundry list of items (or perils) that may cause a loss. Other policies protect your home against everything EXCEPT for a host of specified perils. Either approach includes liability coverage that protects you for injuries or losses to others which you accidentally cause.

Property Insurance Needs

Any coverage option you choose is likely to reflect the fact that mobile homes are, well, mobile. Therefore coverage is affected by the fact that mobile homes:

are able to move under their own power (or are capable of being easily transported);
are more susceptible to wind damage,
tend to lose value with age.

The easy of mobility creates unique challenges when insuring these homes. — Can your house be insured
at multiple locations?

The mobility of such homes creates a special need to protect the financial interest of the business that lent the money to purchase the home. For example, a mobile homeowner who lives in Ohio decides to drive his home to Arkansas. The soon-to-be Arkansas resident “forgets” to mention his plan (and his new address) to his Ohio Mortgage Company. The Ohio lender would be out of luck if the policy didn’t include protection for this whimsical act. Another way in which mobile or manufactured homeowner policy differs from conventional homeowner coverage involves coverage for unattached buildings. This coverage is usually minimal for, say, $2,000. Such a provision helps keep the premiums for policies lower by avoiding paying claims on very low-value structures. The coverage is likely to be offered on an actual cash value basis. Unfortunately, mobile and manufactured homes tend to lose value over time.

The policy is likely to include a provision that requires you to get permission to move your home. Once granted, you’re likely to get thirty days of special transportation protection for collision; sinking, upset or stranding (a special, a higher deductible may apply during the move). Another common coverage feature is coverage for your attempt to move the home in order to prevent damage from an insured cause of loss. For example, you move your mobile home fifty feet to get away from a neighboring trailer that is on fire. IMPORTANT: coverage for moving endangered property usually has a modest limit (several hundred dollars is typical) because of owners who may be too heroic or clumsy for anyone’s good.

Liability Insurance Needs

The liability protection connected with mobile or manufactured homes is, for all practical purposes, identical to the liability provided to conventional homeowners. Why? The likelihood of guests to be hurt at your home, or your probability of being sued, tends to be the same. The important thing to remember is that your agent is a tremendous source for getting the information you need to be sure that your home and property are adequately protected at a reasonable price.

Earthquake Insurance, Sinkhole Insurance & More

Posted on July 8, 2019July 1, 2019 by Brad Smith

Do you live in an earthquake zone? Do you have earthquake insurance? If you don't know, call TruePoint at (502) 410-5089 — US Earthquake Zones

Words and their usage impact our daily lives. As a kid, my mother would on a regular basis reminding me to watch my P’s and Q’s. This was not a suggestion to be on my best behavior. It was a threat that even the slightest slip in my manners would have severe repercussions. What and how we say things have been an issue for generations. But a solid case exists that communication is more important now that ever before. While the thought may seem hysterical at first, let in sink in for a moment. Most would agree that America has become precariously litigious. For years our actions have exposed us to constant risk. Today our words are placing us at jeopardy. As a result, it has become critical for Americans to develop greater awareness.
What is earthquake insurance?.

Standard insurance doesn't cover loss due to earthquakes. Earthquake Insurance is add by endorsement. — Earthquake Damage

Earthquake – a term used to reference the movement of two tectonic plates along a fault line. The tectonic plates move past each other at a slow pace building up stress along the way. This continues until finally the plates slip releasing enormous amounts of seismic energy. This energy then results in a violent shaking of the ground. This is also referred to as an earthquake. Earthquakes can be the result of both tectonic action or volcanic.
The word Earthquake seems simple enough. But it isn’t. Your insurance policy most likely excludes loss caused by the movement of earth. How does that impact me? Ground that shifts, sinks, expands, contracts, or rises may create serious issues. That includes earthquakes, sinkholes, mudslides, landslides, and more. How serious? Your insurance company “Will Not Pay, Serious”! You can avoid this crisis by simply having the proper endorsements. But be cautious. You can purchase an earthquake endorsement. But what will it cover? Losses due to an earthquake! Nothing else. Related risk such as mudslides, sinkholes, and others are not covered. Failure to understand how this impacts your insurance may result in serious coverage issues. Failure to understand may result in no coverage.

Movement of earth is not covered by standard insurance. That includes earthquakes, sinkholes and several more items. — Sinkholes are covered by standard insurance policy

Will your insurance pay in the event of an earthquake? Does a Homeowners policy or a Commercial Property policy protect against earthquakes? Earthquake coverage is not offered by a standard insurance policy. But, for most, earthquake coverage is available. It can be in the form of an earthquake endorsement. If asked to waive your right to earthquake coverage, we suggest that you ask the agent for a quote. It may not be as expensive as you think.
Most of us are insured by the Special Form, also known as All Risks Coverage. Earthquake protection is excluded by the Covered Causes of Loss Form. The exclusion reads so that damages that are a result of EARTH MOVEMENT are excluded. Inquire about the cost of an earthquake endorsement. With the in hand, you can now decide if you want to transfer the risk. In the process don’t forget the other risk associated with earth movement. The earthquake endorsement doesn’t cover these. We advise customers to consider each of the risks and if appropriate, evaluate the risk/reward.

What about hidden damages? Are minor damages covered? They are, but deductibles may be more than the loss. — Check your Deductibles for Earthquake. They will be higher than you are used too.

ance varies from one insurance company to the next. If you make a comparison for companies, you will find earthquake policies vary. If you have multiple homes in various states you should review individual policies. We advise this as earthquake endorsements issued by the same company may vary from one state to another.
Earthquake deductibles should be considered. Don’t be surprised to see a 10 to 20% deductible. These are pretty much par for the course. Any higher and it is probably worth your time to shop around.
As noted earlier, earthquakes represent only a small portion of the exposures related to the movement of earth. Because we live in the Ohio Valley, we can shorten the list. While anything is possible, most would agree that some of the risks aren’t as threatening as others. The risk that should be considered by most in our area:

Erosion,
Failure to suitably compact building sites,
Sinkholes
Deficiencies pertaining to site selection
Earthquakes
and Landslides

Add in mud-flows, mudslides, and volcanoes and we have a reasonable understanding of the movement of earth risk. Kentucky homeowners and business owners need to consider these and several other forces.
Standard policies may leave serious gaps. Property coverages leave most structures exposed the movement of earth. Don’t assume that your only option is to self-insure. Ask TruePoint. By asking the simple question, “how can I eliminate more exposures related to the movement of earth?” You will likely find that in some cases, options exist. Becoming increasingly more available is sinkhole insurance. Broader coverage in the form of earth movement riders may also be an enhanced risk transfer option.
If you would like to learn more about eliminating insurance gaps related to the movement of earth, reach out to a TruePoint Insurance Agent. We can be reached at (502) 410-5089.

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