Coverage That Your Liability Policy May Provide

Posted on February 28, 2025February 14, 2025 by admin

Liability coverage is insurance that protects the policyholder against accidents or damages. This article explains how this type of coverage can safeguard homeowners and business owners.

Understanding Liability Coverage

Liability coverage shields the policyholder from accidents that result in bodily injury or property damage. These accidents can occur in a residential or commercial environment.

For a liability insurance claim to be valid, the reported incident must be classified as an accident. Liability coverage does not extend to intentional acts.

Benefits of Coverage

Property owners may not have the funds to cover extensive medical bills or repairs. A liability insurance policy is designed to cover these costs if another party sues an individual.

The policy payout can be used for healthcare expenses, legal fees, and any other costs the insured party must pay.

The Role of Inspection in Liability Insurance

If you’re considering liability insurance, an inspection process can help assess the risk of incidents that might lead to an insurance claim.

For example, if you own a business, you can arrange for an inspection of your premises. This inspection will identify any potential risks that could lead to injury or property damage.

If numerous risks are identified, adding a substantial amount of liability insurance to your existing policy might be beneficial.

Consulting with a TruePoint Insurance Agent

Contact one of our insurance agents in Pooler, GA. The agent will help you add liability coverage to your policy.

Liquor Liability Insurance

Posted on May 16, 2019May 16, 2019 by Brad Smith

Today we measure the amount of alcohol used in drinks by the shot. But in colonial America gin and other alcoholic drinks were measured in unit shared by apothecaries. This measurement was known as a Drachma or Dram.

Dram Shop Liability Insurance, more commonly knowns as Liquor Liability Insurance is the insurance vehicle used to transfer liquor-related liability that is a part of serving or selling alcoholic beverages. This coverage provides protection against serving intoxicated individuals or minors.

Who is required to have a Liquor Liability policy? If you own a bar or any other venture that sells or serves alcohol, most states will require it. — Protect yourself from intoxicated guests.

When individuals drink too much they not only pose a risk to themselves, they are also a threat to others. As an owner of a restaurant and bar, you have potential financial exposure if you allow intoxicated patrons to drive.

Alcohol at weddings: Step 1, hire a qualified bartender.

But bars and restaurants aren’t the only places that you will find liability associated with alcohol. Liquor Liability can show up at casinos, sporting venues, and even the office Christmas party. Individuals are not exempt for this exposure. Graduate parties, reunions, and even your wedding could be marred by the actions of an over-served guest.

Liquor liability insurance will help you reduce your exposure should an unfortunate event occur. But your first and best way to reduce your personal exposure is to hire a professional bartender. Pouring drinks is the easy part of bartending, not pouring one to the wrong person is the real job.

Is Your Home Winter Ready? – Part 2

Posted on November 14, 2018December 12, 2018 by Brad Smith

In this part we discuss an important legal responsibility created for homeowners by the winter season.

Creating A Clear Liability

Snow doesn’t show favoritism. Instead of conveniently falling onto unused areas, it covers homes, sidewalks, and driveways. As a responsible homeowner, you should arrange to make travel across your property safe. This calls for clearing your walkways of snow and ice. It is also important to clear your property of items such as rakes, shovels, tools, toys and similar items. Remember that it takes only a small amount of snow to hide items that, during clear conditions, are easily seen and avoided. So take time to move such property and make repairs to uneven or cracked pavement.

Keep in mind that clearing walkways (including stairs) is an invitation for pedestrians to use the path. So, once you clear an area, it has to be kept clear and safe, especially from ice. Also, avoid creating piles of snow that can block either a driver’s or a pedestrian’s view. Finally, be sure that your property is safe for children who are enjoying winter. Don’t allow children to slide around without being aware of pedestrians or motorized traffic and don’t let anyone throw snow or ice balls at cars (you could be sued for any accident caused by careless play) related from the use of your property or premises.

Don’t forget the inside of your home. Visitors should be kept safe from harm. Be sure to keep interior stairs and floors clear of the watery remains of melted snow. Keep things dry and consider using mats that provide good traction and an area where folks can clear snow and ice from their shoes or boots.

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 one and three of “Is Your Home Winter Ready” which discusses other winter concerns.

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COPYRIGHT: Insurance Publishing Plus, Inc. 2017

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.

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

Posted on August 3, 2018 by Brad Smith

The Greatest Tragedy of our Generation

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

Employee or Independent Contractor? – Part 2

Posted on August 1, 2018July 16, 2018 by Brad Smith

w-2 or 1099 In 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 Rules another 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

Posted on July 31, 2018July 16, 2018 by Brad Smith

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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COPYRIGHT: Insurance Publishing Plus, Inc. 2018

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.

Active Shooter Risk – Part 1

Posted on July 30, 2018July 16, 2018 by Brad Smith

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 control First, 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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COPYRIGHT: Insurance Publishing Plus, Inc. 2018

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.

Employee or Independent Contractor? – Part 1

Posted on July 25, 2018July 16, 2018 by Brad Smith

w-2 or 1099 Business owners have a lot at stake when it comes to determining whether persons connected with their ventures are employees or independent contractors. The largest issue with making this determination involves taxes and insurance.

A business has specific responsibilities for employees, having the legal obligations to withhold and pay certain taxes (Medicare, Social Security) and pay other taxes (unemployment). If a business makes a mistake with classifying employees, it faces the financial burden of paying additional taxes and could well be punished with substantial fines. However, there are issues that are just as critical regarding determining a service provider’s status and insurance. Tax Law Rules

Many forms of both property and liability business insurance define the persons who qualify for protection under a given insurance policy. Property coverage is written for the direct benefit of the first party, the party who owns (or in other cases, has control or custody of) either real or business personal property. Liability coverage is written on behalf of persons defined as insureds, protecting them against harm they may cause to others or for damage they cause to property that belongs to others.

Employees are commonly granted coverage status in a variety of instances. However, coverage typically is not available to independent contractors who are considered unrelated third parties. FYI, under insurance contracts, the second party is the insurance company. Therefore, in many instances, if persons suffer losses under either property or liability policies, it is critical to be certain whether an individual is an employee or is independent.

Employee not independent contracter Because of the position held by policyholder/insureds and insurance companies, the classification of workers is often in conflict as insureds desire liberal coverage and insurers wish to restrict protection to qualified persons. However, both parties are best served when worker classifications are clear. Premiums charged to policyholders are based on correctly recognizing the parties eligible for coverage. Proper classification keeps coverage affordable and makes the insurance process more efficient. Coverage involving employees should be connected to an applicable business that employs them. Coverage involving independent contractors should be connected to the contractors. In other words, they should secure their own, separate coverage.

In part two, we will discuss methods to determine worker status.

Continue to Section 2

TruePoint Insurance, on target

Posted on July 20, 2018September 20, 2018 by Brad Smith

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Insuring A Mobile or Manufactured Home

Posted on July 19, 2018July 16, 2018 by Brad Smith

Mobile Home 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

Manufactured Home 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 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 home owner 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 a 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.

Mobile Home Insurance

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, 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.

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