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Insurance problems and cures

Archive for September 2012

Autumn Maintenance

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Thanks to Peerless insurance, here are tips and a link to a video with brief suggestions about preparing for Fall weather.  Some forms of damage would be covered by most insurance packages, some wouldn’t.  Either way, it’s a lot easier to not have the loss in the first place.

  • Ice Dams
  • Flat roof problems
  • Pitched roofs
  • Gutter guards
  • Of course, ladder safety goes with all that
  • Preparing vehicles
  • Protecting property
  • Sprinkler preparation

Link to Autumn Maintenance video by Peerless Insurance

Click here to get a quick quote or insurance review in New Jersey

Responding to Slip and Fall Incidents

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Our thanks to CNA Insurance Risk Control for much of this advice.  You can call us at 1-800-548-2329 for more information or skip to the bottom of this page for CNA’s web site.

BE PREPARED FOR A SLIP-AND-FALL INCIDENT
It might be a visitor.
It might be a customer.
It might be your own employee.
But, chances are, you won’t be there to see it should someone slip and fall in a building you maintain.
Sound Planning Can Help
A well thought out plan ensures that injured persons will be treated promptly and puts you in control of the process. CNA has developed these guidelines to help you efficiently manage slip and fall accidents. When a slip and fall happens…
Immediately
1. Offer medical attention.
• Administer first aid at the scene.
• Call for emergency service if needed.
• Suggest a medical provider for follow-up care.
(For employee injuries, refer or suggest a medical provider if doing so is allowed by your state.)
2. Gather and document information.
• Name, address, phone number of injured person.
• Names, addresses, phone numbers of witnesses.
• Injured person’s description of what happened.
• Pictures of accident (floor, spill, etc.).
3. Report the accident.
• Ask your customers to notify you immediately of any slip and falls on floor surfaces you maintain.
• Notify your insurance company of all losses, even if the information you have is incomplete.
Within 24 Hours
1. Contact the injured person (or parent of minor).
• Communicate your concern and verify whether treatment was received.
• In all cases, avoid discussion of “blame.” Assure the injured person that the accident will be investigated.
• Be alert for claimant’s “expectations.” Communicate them to your insurance company.
• Make sure injured employees understand that a claim will be processed for Workers’ Compensation benefits with regard to medical bills and time off from work (if applicable).
2. For injured employees, work closely with the claim department at your insurance company.
• To provide the physician with the injury report that includes all the information you reported.
• To provide the physician with a detailed description of the injured employee’s current job duties.
• To communicate your support in returning the injured employee to work, and to light duty as necessary.
3. For all accidents, determine facts and circumstances.
• Identify specific materials, equipment, or tools involved in the accident and keep evidence in a safe place.
• Do not discard damaged or broken equipment involved in an accident. Keep it in a secure place where it will not be inadvertently put into use or destroyed. Altering, destroying, or discarding it could lead to an adverse finding.
• Develop a plan of action to prevent similar incidents.
• Notify customers of potentially hazardous conditions, which require action on their part for accident prevention.
After the Accident Occurs
1. Maintain an accident injury management record (Call us at 1-800-548-2329 for more information).
Whatever format you choose – a paper filing system or a computer database – your records should include:
• Injury report – include all information reported to the insurance company.
• Log of all communication related to claim
• Dates
• Contacts
• Documentation of discussion
• For employees, information on return-to-work status
2. Notify your insurance company of any new information you may receive or develop.
• About the accident
• About the injury
• About employee work status
• About legal representation or suit filings
Don’t let claims “slip and fall” between the cracks!
Loss Reporting Tips
• These same slip and fall guidelines apply to your customers – you can help by educating them on reporting slips and falls.
• Ask customers to notify you immediately of any incident involving a fall, no matter how minor.
• Make sure your employees know what to do when a fall occurs or if they themselves are injured.
• When an employee does not report for work due to illness, always inquire to see if the absence may be work related.
• Make sure one person is responsible for reporting all losses to your insurance company. Cross train a back-up for that person.
A Note About Fraud

Slip and fall scams take advantage of existing hazards and it’s been proven that they can be staged to collect benefits. These claims require careful management and scrutiny. It can be difficult to disprove allegations of a fraudulent slip and fall.
You can help your insurance company get a jump on fraudulent claims by consistently following these steps:
• Immediate notice of all accidents will help identify and deny fraudulent claims.
• Gathering and documenting evidence and facts while they are fresh will help to successfully defend fraudulent claims.
• Having a plan for medical care will help in getting an immediate, objective evaluation and serve as documentation of the alleged injury.
• Following consistent slip and fall management guidelines will help to accurately identify claims that have merit and those that do not.

Go to www.cna.com/riskcontrol for more information.

Cyber Liability again – Cloud Computing

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Cyber liability/Data Breach Liability problems continue to heat up.

A North Jersey Law Firm (Mandelbaum, Salsburg) is putting on a seminar:  Hacked to Death.  They outline how cyber liability and data breach are threatening businesses, even those that never thought they could have a problem.

A major insurance company, CNA, is offering education to agents to try to bring them up to speed on the threat to business.  Here’s their Technology Underwriting Director’s comment at 8:00 AM 9/14/2012.

“In an effort to manage expenses, more businesses are transferring their back-office technology operations to “The Cloud”. They save money. But, they have not transferred their primary liability.

  • Who is responsible for your Insured’s data…that was “transferred” to The Cloud? Your Insured is.
  • How does the standard Property & Casualty respond? Not Covered

~Business Interruption…this is not a tangible loss. Not covered under Property.
~Privacy Injury…General Liability has been amended to exclude intangible property damage. Not Covered under General Liability

~Network Security Breaches…Not Covered because they have not purchased coverage ”

If you would like more information about cyber liability and data breach, Click through here for the GBW Insurance page, or call us at 1-800-548-2329.  Or click the Mandelbaum, Salsburg link above.