Are You Liable For Summer Fun?

Ready, Set, Summer!
Summer generally arrives with a huge surge in recreational activity. School ends and parents start searching for leisure and recreational activities for themselves and their children. The activities range from elaborate vacations or summer-long camps to simply buying play and sports equipment (or getting it out of storage) and renewing park and pool passes.
Summer Fun’s Dark Side
One thing to be aware of is that the simplest activities can go wrong. Using sports equipment such as tennis racquets, baseballs, baseball bats, Frisbees, lawn darts, or horseshoes has the potential to harm others. Danger accompanies the use of skateboards, bikes, mopeds, go-karts, and radio-controlled cars, helicopters and planes. A larger concern involves inviting friends over to use your driveway, play equipment or swimming pool. Potential liability comes from either you having fun at the expense of other persons or their property, or failing to take precautions that persons you’ve invited to your residence (or other places) are safe to enjoy themselves.
How to Preserve Your Fun
The easiest way to prepare for your summer liability is to ask the questions:
What can I do to keep other persons safe from my activities?Am I prepared to be responsible for people I hurt or property I damage?How do I make my home and yard safe for fun-seeking visitors?Am I keeping my guests to various events safe?
While accidents happen, many can be prevented by making sure that you and your children enjoy your activities responsibly. Operating bikes safely and in low traffic areas reduces the chance that others will be hurt. The proper use of games and equipment also make the likelihood of having someone injured more remote. In other words, it’s important that your family uses sports and game equipment safely and appropriately. Adult supervision is critical for potentially dangerous activities such as the use of motorized recreational equipment, trampolines, and swimming pools (including small wading pools). It’s also important to make certain that guests you invite for camping or hiking trips are watched after carefully. In many instances, you are responsible for the safety of your guests when you invite them to enjoy outdoor activities, particularly boating or other activities involving water-related equipment.
Home Inspection
Another way to reduce the chance of others being hurt is to do an inspection of your home and yard. Do you have an adequate fence (with secure or self-locking gate) to protect young children from a pool when you’re not around? Is your playground equipment well-maintained and strong enough to support the weight of the children using it? Is your yard and driveway free of tripping hazards? Are dangerous items such as tools, chemicals and lawn equipment kept out of reach of children? If you can answer "no" to any of these questions, you’re inviting trouble.
Insurance Plays a Role
When accidents happen, they may be followed by medical expenses and, more seriously, lawsuits. You must be protected against such financial consequences. Don’t assume you have coverage, especially when an activity involves motorized or powered equipment. You may have to add coverage to your homeowner policy or even buy special coverage for mini-bikes, mopeds, boats, all-terrain vehicles, etc.
So make safety a part of getting ready for summer fun. It’s also smart to include a visit or call to your insurance professional to make sure you have the right coverage to support a fun summer.
COPYRIGHT: Insurance Publishing Plus, Inc. 2013
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 written consent of Insurance Publishing Plus, Inc.
TruePoint Insurance Group, LLC
6287 Taylorsville Rd.
Fisherville, KY 40023
(888) 706-5423
TruePoint Insurance Group, LLC is not licensed to practice law, nor can it provide legal counsel. This summary is not intended as a legal opinion. We cannot warrant that the opinions and representations provided in this summary are accurate. TruePoint Insurance Group, LLC has provided this summary of the Virginia Graeme Baker Act for your awareness. The summary may or may not identify your requirements as a pool or spa owner. If you own a pool or spa you are advised by TruePoint Insurance Group, LLC to refer your specific situation to legal counsel.

Controlling Car Insurance

You may be frustrated with car insurance premiums and factors that cause increases, such as:
Your insurance company’s overall loss experience (due to more claims)The increased value of newer model cars, particularly SUVs and models with smart car featuresIncreases in judgment amounts awarded in auto lawsuitsIncreased business processing and administrative expensesAuto loans lasting longer, meaning increased auto repair costs for older cars
There are ways to address rising costs. First, gather your insurance records and any other car-related information. Next, determine if circumstances have changed since you last dealt with your coverage. Once this information is handy, call your agent and discuss relevant items such as:
If your home and auto insurance are with the same company, is a discount available?Does my coverage take full advantage of the discounts offered by my company?I have more than one car; am I getting a credit?Does it make sense to change my deductibles?Do my cars really need physical damage coverage insurance? (An important consideration for older vehicles)Do lifestyle choices such as drinking or smoking affect my premium?My son or daughter is on the honor roll, does this affect my premium?Did you know that my car has special security features?Did you know that my son took Driver’s Education?Does the company have accurate information on how often and how far I drive?Am I with a standard carrier or do I qualify for any preferred program?Is my vehicle charged an additional premium because of its type or performance?Do I qualify for a loss-free history or policy longevity discount/
Giving your agent accurate information helps you get the best available premium. Provide your agent with complete details about your driving history. It’s important to clear about who drives your cars and how they’re used. Finally, use your agent as a resource for handling errors about your account or which may be shown in your driver records.
COPYRIGHT: Insurance Publishing Plus, Inc. 2014
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 written consent of Insurance Publishing Plus, Inc.
TruePoint Insurance Group, LLC
1000 Pine Barren Rd.
Pooler, GA 31322
(912) 330-1265
TruePoint Insurance Group, LLC is not licensed to practice law, nor can it provide legal counsel. This summary is not intended as a legal opinion. We cannot warrant that the opinions and representations provided in this summary are accurate.

Are small businesses in Kentucky required to carry Workers compensation insurance?

If your company has employees, you will most likely need to have a Workers Comp insurance policy. Just so, there is no confusion:
The structure of your business does not change the requirement. C-corporations, s-corporations, LLC, and sole proprietors all must cover employees with Workers Comp insurance.
In Kentucky, the number of employees does not alter the requirement to have Workers Comp insurance. Even one employee, even one part-time employee, and you have triggered the requirement to maintain a Kentucky Workers Compensation policy.
Even if your Kentucky business is true family business; Work Comp coverage is required if you have family members working in the business that are not owners (stockholders), members (shareholders), or equity partners.
However, there are exceptions.
Kentucky employers that are not required to cover: Workers that are exclusively involved in farm work and domestic servants in a home (must be less than two full time employees)

Federally protected employeesCertain Religious sectsIndividual business owners, certain partners, and LLC members.

Business owners may exclude themselves form Work Comp coverage. To do this in Kentucky the exempt owners must complete the Employee’s Notice of Rejection of Workers Compensation Act (Form 4 Waiver) and have on file with the Kentucky Labor Cabinets Department of Workers’ Claims. The Form 4 Waiver can in certain instances extends beyond the business owner. In almost all cases, the risk/reward profile extends so far beyond the prudent man rule that we advise you to seek legal counsel for additional information.
………………………were it not for a single word, we would be done! However, the word Required leaves the answer above lacking.
Required by who? The U.S. Department of Labor administers programs for many federal employees, however; the U.S. Government does not require that American businesses carry insurance covering their employees.
Workers Comp coverage is the responsibility of each state. In the Commonwealth, the coverage is mandated and monitored by the Kentucky Labor Cabinet’s Department of Workers’ Claims. The Kentucky Revised Statutes address Workers Compensation and the legislation enacted to protect Kentucky workers can be found in KRS Chapter 342. Workers Compensation in the State is an “exclusive remedy”, which means the protection offered by the employer’s insurance coverage is sufficient to cover in completely any injury or disease that occurs or attributed to the workplace. There can be no additional recourse to the employer beyond the benefits offered by the workers compensation policy.
Required could also be applied to the client/customer. On a regular basis, our agency is required to provide Certificates of Insurance (including workers comp coverage) to our customer clients and prospective clients. In the litigious society that we live in most have learned to limit their own risk exposures by shifting the blame to the responsible party.
Required when it is not required. Yes! So you have passed the test, you have legally been able to waive the requirement to have Workers Comp insurance. You are a sole proprietor, say a trim carpenter, or many other artesian contractors. You have no employees and the KRS says that you are not required to have the coverage. GIDDY-UP!
Then unexpectedly comes “Big Bob the Builder” a huge General Contractor in your town. Your worries are over, all the work you will ever need, and better yet no more selling.
WHOA!!!! Big Bob, or more likely, Big Bob’s insurance company, CYA Insurance, says that you have to have Workers Comp insurance. Again, we ask, REQUIRED BY WHO?
No, you are not required to have the coverage, says the law.
Yes, you are required to have Workers Comp if you what the Do-Re-Mi that Big Bob has to offer!
Workers Compensation may seem like one of those erroneous costs. Everyone thinks that just because you are a business owner that you have money to burn, and here is on more drain to prove it!
That is certainly one way to look at the cost of Workers Compensation insurance! The other side is that for the cost of an annual premium that litigation risk associated with an injured employ is removed. That premium looks even cheaper when you consider that the U.S. has one lawyer for every 265 people (topped only by Greece).
If your business would like additional information on Workers Compensation insurance or any other Commercial or Business insurance topic please contact a TruePoint Insurance Group agent at info@truepointgroup.com
TruePoint Insurance Group, LLC
6287 Taylorsville Rd.
Fisherville, KY 40023
(888) 706-5423
TruePoint Insurance Group, LLC is not licensed to practice law, nor can it provide legal counsel. This summary is not intended as a legal opinion. We cannot warrant that the opinions and representations provided in this summary are accurate. TruePoint Insurance Group, LLC has provided this summary of the Virginia Graeme Baker Act for your awareness. The summary may or may not identify your requirements as a pool or spa owner. If you own a pool or spa you are advised by TruePoint Insurance Group, LLC to refer your specific situation to legal counsel.

Insuring Adult Children

Blood may be thicker than water, but it is thinner than insurance contracts. An adult son or daughter may think that, when a loss happens, coverage is available from mom or dad’s homeowners or auto policy. It usually isn’t and finding this out after a loss makes matters much worse. Policies are typically clear. A relative is covered, but only if the relative is a full-time resident of the named insured’s household. Even if the nonresident child lives next door, a parents’ policy is not going to spread its coverage to take care of an adult child’s belongings.
Insurance contracts are meant to handle sources of loss that can be easily identified. Person A’s cars or home is protected by Person A’s auto or homeowner policy. Imagine if that weren’t the case.
Example: The Rabbitfield’s home and cars have been insured by Plausible Fire & Casualty for 20 years. In the last five years, the Rabbitfield’s children have grown and started their own households. Per the Plausible home and auto policies, the insurance premiums and two policies that covered the original family’s two cars and one home, now cover the original home and cars PLUS the following:
Son Jimmy Rabbitfield’s apartment and carDaughter Chana Rabbitfield’s home and two carsOther son Perry’s home, seasonal home and two carsOther daughter Bonnie’s apartment and car.
Besides covering all of the property, the Rabbitfield parents’ policies ALSO cover everyone’s personal legal liability.
While it might be a bargain for insurance consumers if a single auto or homeowner policy could be stretched this far, it’s not likely that the insurance industry could survive such flexibility.
Being Independently Insured
Understandably, insurance is not always a priority for adult children who are now on their own. In the beginning, there’s often a phase where the kids commute between “home base” and their new apartment or home and their property is at both locations. The new grown-ups typically have few possessions, especially possessions of high value, and this adds to the likelihood that insurance is overlooked or seen as unnecessary. However, even when possessions are few, EVERYONE has a legal responsibility to handle the damage they accidentally cause to other people and/or other people’s property. When a child reaches adulthood, they’ve also reached the point where they need to get their own insurance.
If an adult child asks you for insurance advice, give them the name of an insurance professional you trust to help them get the exact protection they need.
COPYRIGHT: Insurance Publishing Plus, Inc. 2013
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 written consent of Insurance Publishing Plus, Inc.

Virginia Graeme Baker Pool & Safety Act

Findings: In 2004, the second leading cause of injury related deaths in the U.S. for children fourteen (14) and under is by drowning. The law stemmed from the 2002 drowning of Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker III.
The Law: Below is a summary of those portions of the law that directly affect commercial operations that provide guest, members, or the general public with access to a swimming pool or spa.
The law placed the treatment of swimming pools and spa drain cover under Consumer Product Safety Committee and the Consumer Product Safety Act. Effective December 19th, 2008 all pool and spa drains manufactured, distributed or entered in commerce in the U.S. must conform to the entrapment protection standards of the ASME/ANSI.

Public Pools

Beginning December 19th, 2008

Each public pool or spa must be equipped with ant-entrapment devices or system

Every public pool and spa that a single drain (other than an unblockable drain) shall be equipped with one or more of the following

Safety vacuum release systemSuction limiting vent systemGravity drainage systemAutomatic pump shut-off systemDrain disablement

Standards must met the requirements of ASME/ANSI or ASTM

Public pool is defined by the law. The definition of public is used very loosely.

Open to the public generally, whether for a fee or free of charge;

Open exclusively to-

Members of an organization and their guestResidents of an apartment building or complex, residential real estate development, or other multifamily development (other than local government)Patrons of a hotel or other public accommodations facility

Operated by or for the Federal Government for the benefit of the Armed Forces and their dependents

TruePoint Insurance Group, LLC
1000 Pine Barren Rd
Pooler, GA 31322
(912) 330-1265
TruePoint Insurance Group, LLC is not licensed to practice law, nor can it provide legal counsel. This summary is not intended as a legal opinion. We cannot warrant that the opinions and representations provided in this summary are accurate. TruePoint Insurance Group, LLC has provided this summary of the Virginia Graeme Baker Act for your awareness. The summary may or may not identify your requirements as a pool or spa owner. If you own a pool or spa you are advised by TruePoint Insurance Group, LLC to refer your specific situation to legal counsel.

Barbers and Beauticians Professional Liability

Does your General Liability policy provide sufficient coverage? Many professions are adequately covered by the General Liability policy, however, there are some occupations that are require additional protection, which is only provided by a professional liability coverage. Hair and beauty salons would be one example.
Beautician’s offer a wide range of services which may include hair styling, dressing, arching, applying cosmetics, permanent waving, shampooing, tweezing, facials, trimming, tinting, plucking, bleaching and dyeing, manicures, hair tinting, waxing or applying depilatories, and pedicures. Services at many salons have expanded and today’s beauticians are exposed to an even higher level of risk as they cross into the realm of medical and even surgical procedures.
Current operations may involve tasks such as:
Botox injectionLiposuctionMedispasDermabrasionLaser Treatments
Serving customers may result in losses such as scalp injuries, severe damage to hair, burns, cuts, spinal or joint injuries, and scarring, none of which are covered by a general liability policy. It is critical to acquire the protection of a barbers and beauticians (or cosmetologists) professional liability policy.
Many traditional services are covered under professional liability policies. However, such policies are not standardized and vary significantly from one carrier to another. It is important that your review each company’s application and policy forms reading each carefully to determine what services are covered.
Cosmetologists are required to carry a state license and a minimum amount of training and experience in order to perform their jobs. Barbers and Beautician Professional liability policies require that all insured persons maintain a valid license or certification. Typical coverage includes injuries to persons or to property that is related to the applicable beauty or barbershop operation. There is also coverage for harm connected to application of preparations that are bought at a shop or salon and then are used at customers’ homes. Coverage does NOT apply to preparations made BY the insured.
Barbers and Beauticians professional liability forms don’t protect against losses involving plastic surgery; removal of warts, moles or other growths; use of radiation for the removal of hair; body massage other than facial or scalp massage; sun-tanning treatment or piercing body parts. However, coverage for some services may be added for additional charges.
An insurance professional is the person to talk to when you want to make sure that making the public more beautiful doesn’t include the chance of ugly, uninsured losses.
TruePoint Insurance, LLC
1000 Pine Barren Rd
Pooler, GA 31322
(912) 330-1265

Cheap Car insurance start by reducing Accident Risk

Cheap Auto insurance starts with you.  Here are 3 Easy Ways to Reduce the Risk of an Auto Crash.  
Spring is right around the corner, and the warmer weather often prompts people in Savannah to hop in their cars for weekend (or longer) road trips.  Unfortunately, too many of those trips will end up being memorable for the wrong reasons, due to crashes and other risks that drivers face anytime they hit the road.
You can take control of your next trip, whether it’s outside of Georgia or just to the Tanger outlet in Pooler, by following these simple rules:
car insurance in ky, save money on car insurance by keeping your eyes on the road
1. Pay attention. Do you know how many drivers around the country are using cell phones or other electronic devices right now? If it’s daytime, the answer is approximately 660,000, the National Highway Traffic Safety Administration says. Anything that takes your eyes off the road or distracts you increase your risk of a crash. Here’s another reason to avoid distractions: If you’re completely alert, you have a better chance of steering clear of that guy who is shaving on his way to work.
2. Stay sober.   Ever known anyone that’s had a DUI and still has cheap car insurance?  One bad decision can change lives forever, and driving underwho has the cheapest auto insurance?  Trying to get a car insurance quote after getting a DUI, it want be you! the influence is an extraordinarily bad decision. Nearly 15,000 died in 2012 in crashes involving impaired drivers, according to the National Safety Council (NSC). So get a designated driver — or better yet, be a designated driver. Best of all, have the party at your house and let everyone sleep over.
3. Slow down. They say “speed kills,” and, as depressing as it sounds, it’s true. Crashes caused by excessive speed cause more than 10,000 deaths a year on average, the NSC says. Surprisingly, you are most at risk on roads where the speed limit is 55 mph or below. Remember, the posted speed limit isn’t always the best speed to travel. Depending on conditions, going slower might be the safest option.
Improving safety on the roads isn’t rocket science. Just a little common sense can make a big difference for you, your passengers and your fellow drivers. Safer driving on your part will over time help you lower your auto insurance cost.
Auto insurance can only do so much, the burden of keeping yourself and those around you safe falls largely on your shoulders.  So be alert and be safe out there.  Safe driving helps keeps cheap car insurance in Georgia.

2014 TruePoint Community Service Award

Diana Hilbert is a passionate, inspirational and a dedicated person that continuously inspires and encourages others to become involved in community activities. Diana volunteers for numerous organizations within Taylorsville and Spencer County. She does these things very humbly and without expectation. Diana is a great example of the importance of local voluntary involvement to the betterment of our community and we are very fortunate to have her apart of TruePoint Insurance and would like to recognize her for these efforts. Thank you Diana.