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Colsa Insurance Agency, Inc. Blog

Cyber Attacks, Number One Risk for Businesses: Survey

2/8/2022

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​A new survey has found that cyber risks have risen to become the number one concern among businesses, replacing the COVID-19 pandemic and business interruption as the top risks in 2022.
The second-most cited risk was business interruption and supply chain disruptions, followed by natural catastrophes, according to the "Allianz Risk Barometer 2022."
The rankings follow a year that saw an explosion in cyber attacks, massive business interruption and supply chain disruptions that have left factories idle and store shelves bare, and record damage caused by natural catastrophes.
This annual survey provides perspective on the number and variety of threats businesses face, and which ones are causing the biggest headaches.
Here are the rankings of the top eight risk cited by risk managers in the Allianz survey:
 
1. Cyber risks — Ransomware has become the number one cyber exposure for business, according to the barometer, just ahead of data breaches. Cyber criminals have refined their business models and tactics, which has made it easier for them to carry out ransomware attacks.
Hackers have also started targeting technology and software supply chains, physical critical infrastructure or digital single points of failure.
 
2. Business interruption — The COVID-19 pandemic has caused the greatest global supply chain disruption in history, which in turn can lead to business interruption, particularly for manufacturers unable to secure much-needed parts. The supply chain has been disrupted by a number of factors, including pandemic-induced port closures in China, port congestion and factory closures.
The biggest supply chain concern is cyber attacks on infrastructure and on supply chain and logistics technology.
 
3. Natural catastrophes — In 2021, the U.S. experienced 20 separate billion-dollar weather and climate disasters, putting it in second place for the most disasters in a calendar year, behind the record 22 billion-dollar events in 2020.
 
4. COVID-19 pandemic — Pandemic risk dropped from the number two spot in the 2021 rankings as businesses have become more confident in their contingency plans and safety protocols.
"Many companies are taking advantage of the increased awareness of business interruption, and we have seen more organizations investing in tools and systems to improve transparency of supply chains, work through scenarios and update their business continuity," said Philip Beblo, global property industry lead for Allianz.
 
5. Regulatory and legal changes — Under the Biden administration, there's been an uptick in regulatory activity, including workplace safety standards for protecting workers against COVID-19 infection. There are also new state laws and regulations that require businesses to make operational and organizational changes to comply.
 
6. Climate change — The U.S. continues to see increases in the frequency and intensity of storms, wildfires and tornadoes, which are causing more expensive property damage, business interruption and insured losses.
"The risks to businesses from global warming are being experienced with increasing force and immediacy — as direct damage after extreme weather events, but also leading to tightening regulation, and as threats to brand and reputation," said Line Hestvik, chief sustainability officer at Allianz.
 
7. Fires and explosions — Fires (excluding wildfires) and explosions caused in excess of $15 billion worth of damage globally between 2013 and 2018, according to an Allianz analysis of 470,000 insurance industry claims during the period.
Besides property damage, a major fire or explosion can prevent companies from operating for some time and such incidents are the most frequent drivers of business interruption insurance claims.
 
8. Shortage of skilled workers — Another issue that the pandemic has exacerbated is the skilled worker shortage. Nearly seven in 10 companies reported talent shortages — the highest in 15 years, according to a ManpowerGroup survey.
As the economy has reopened in the wake of business closures during the start of the pandemic, companies in most sectors have had trouble finding new staff and hanging on to valued employees as competition for talent is fierce.

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Do You Need Rental Car Insurance?

6/15/2021

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Maybe you’ve been here before. You’ve just come off the plane, picked up your baggage and gone to the rental car counter. You’re tired from the flight, about to begin an ambitious vacation or a challenging business project. And, this is the point at which you’re asked, “Do you want insurance with that?”

Most travelers, facing that question from the rental representative, have the vague notion that they don’t really need to buy rental car insurance – which somehow is covered already. With just enough doubt in their minds, and the need to make a quick decision, perhaps they buy it just to be safe.
So, which is it?

Do you need to buy rental car insurance or not?

Truth be told, there isn’t a one-size-fits-all answer. However, you can likely reach a conclusion you’re comfortable with by considering these three questions.

1. What Types of Rental Car Insurance Are Available?

Typically, car rental agencies will offer you four types of insurance to purchase:
  • Collision damage waiver – The rental car company won’t charge you for a damaged or stolen vehicle when you buy this.
  • Supplemental liability protection – Electing this will ensure you’re covered for costs to others if you cause an accident in the rental.
  • Personal accident insurance – This coverage will pay for injuries or death of the driver and passengers of your rental car.
  • Personal effects coverage – Reimburses you for stolen personal items while renting the car.

2. What Rental Car Coverage Might I Already Have?

Start with your personal auto insurance. It’s likely that your policy will provide the same level of coverage for your rental as it does for your own car. That usually includes liability insurance, and, depending on the policy you purchased, may include collision, comprehensive and medical payments, too. There are exclusions, however. Some insurers won’t cover rentals in a foreign country, or rentals that are being used for business. Get in touch with your independent insurance agent to verify your coverages.
Next there’s your credit card. Most cards offer some degree of coverage, but it varies widely. Coverage is usually secondary, designed to step in and pick up where your auto insurance leaves off, and it tends to be mostly confined to collision, damage and theft. For coverage to apply, most cards require that you decline the rental company’s collision damage waiver and pay for the car in full with the card that provides the protection. Again, contact your card company to find out exactly what is covered.
Then, consider your health and life insurance, too. If you’re in an accident involving a rental car and you have these policies, you likely have coverage for your own costs. Plus, with your homeowners insurance, you may have personal property coverage to help repair or replace valuable belongings that are lost, damaged or stolen while you’re in a rental. Your deductible and policy limits will apply, and the same goes for renters insurance or condo insurance.

3. What Rental Coverage Might I Be Missing?

In the event something does happen to the rental car, you may be looking at loss of use and diminished value fees, and your regular policy may not cover them. Loss of use is the income that the rental agency loses due to the vehicle being in the shop for repairs, and diminished value is the calculated reduction in a vehicle’s resale value as the result of an accident. Credit cards sometimes cover these, but be aware that they may require documentation that rental agencies can be reluctant to provide.

So, before you make that next trip, give us a call and check with your credit card company. That way you’ll be ready to make an informed decision when you get to the rental car counter.

Reposted with permission from the original author, Safeco Insurance®.
Top image by Flickr user Timo Newton-Syms used under Creative Commons Attribution-Sharealike 2.0 license. Image cropped and modified from original.
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OSHA, Workers' Comp Implications for Telecommuting

2/10/2021

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As more Americans work from home than ever before, many employers are wondering about their obligations under OSHA as well as how to reduce the chances that workers may be injured while telecommuting.

Obviously, the chances of an injury when working from home are small. The most common issue that is likely to arise is long-term injuries from poor workstation design, which can result in carpal tunnel syndrome and other stress and ergonomic injuries that develop over time.

For the most part, employers should approach workplace safety for telecommuting workers as they would safety for office workers, particularly workstation design and arrangement (ergonomics) as well as work scheduling and distribution.

Duties under OSHA

OSHA's General Duty Clause applies to any place an employer has staff working, be that at the company's facilities or worksites, at a customer's worksite, or even if they work from home.

Under the clause, employers have a general duty to "furnish to each of his employee's employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

Fortunately, most workplace safety specialists say that employers have little responsibility in ensuring a safe workplace. In fact, OSHA has issued guidance stating that it:
  • Won't inspect employee's home offices
  • Won't hold employers responsible for safety in home offices, and
  • Does not expect employers to inspect home offices.

Workers' comp still in play

While that is good news, employers are still responsible for any injuries an employee suffers while working from home under workers' compensation laws.
For an injury to be considered work-related it must:
  • Have happened while the employee is on the clock, and
  • Occur while the worker is performing their work tasks.

With that in mind, employers do have an obligation to ensure that a home worksite is safe in order to prevent injuries, even if OSHA does not require it.

The international law firm of Foley & Lardner, LLP recommends that employers:
  • Provide assistance and guidance to employees regarding the setup of the home worksite. Consider developing a YouTube video or written handout giving instructions pertaining to the setting up of equipment in an ergonomic fashion, electrical setup (i.e., only plug in two electrical devices in an outlet, etc.).
  • Establish a hotline or other communication mechanism for remote employees to call if in need of assistance.
  • Develop a checklist addressing safety and productivity issues and have employees complete the checklist every six months or so.
  • Train employees on a recurring basis (such as annually) as to remote employees' obligations to report alleged work injuries and/or illnesses, and how to report such injuries and/or illnesses.

Specific tips

  • The desk, chair, keyboard, mouse, terminal, and other accessories should all be at the appropriate heights to reduce strain on the eyes, neck, and wrists:
    • The keyboard and mouse should be at the right height where wrists are in a neutral position.
    • The chair should be at the right height to ensure the employee can type without strain on the wrists and so that they are looking directly straight ahead at the terminal.
    • The terminal should be placed at eye level.
    • The desk should be at the right height to ensure all of the above. A kitchen table or counter would usually not be suitable.
  • Ensure that the equipment is sturdy. For example, the desk should be appropriate height and sturdy enough to handle the weight of any peripheral equipment that your work may place on it (e.g., computers, printers, fax machines, scanners, etc.).
  • Ensure that lighting is properly arranged: there should not be reflections on or glare from the computer monitor.
  • Make sure extension cords and cables are in good condition and do not present a tripping hazard.

The takeaway

While you as an employer are not required under OSHA regulations to inspect your workers' home's for compliance, it is a good idea to give them guidelines for how to set up their home office and also work with them to supply any needed furniture or accessories they would need to safely carry out their work tasks.
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You may also want to consider asking them to install a smoke alarm in their home and that they have a plan to evacuate in case of fire or other emergency. Also if they have a lot of electrical equipment, there should be sufficient ventilation.
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New Rule Requires Greater Health Plan Transparency

12/2/2020

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The Trump Administration has issued a new rule that will require greater price transparency on the part of health insurers, including the rates charged by in-network physicians and copays and costs of drugs.

The final rule requires health plans and health insurers to disclose on a public website their in-network negotiated rates, billed charges and allowed amounts paid for out-of-network providers, and the negotiated rate and historical net price for prescription drugs.  

The aim of the new rule is to give health plan enrollees more information when it comes to making decisions when seeking out and price-comparing care and choosing medications. With more information about health care costs, health plan enrollees can:
  • Make cost-conscious decisions,
  • Face fewer out-of-pocket surprise bills, and
  • Potentially lower their overall health care costs.
 
The drug price transparency part of the final rule came as a surprise because it was not included in the original proposed regulations.

The new rules do not, however, take effect right away and different parts will be implement at different times. Nonetheless, it's important for health plan sponsors and employers to be aware of the rules as they will greatly affect how their employees access and shop for coverage and medications.

Most of the rules do not apply to grandfathered plans. Here's what they will do once they come into effect:

Transparency for enrollees

Insurers will be required to make available to health plan enrollees the following information:
  • Personalized out-of-pocket cost information (for their particular plan) for all covered health care items and services, including prescription drugs.
  • All underlying negotiated rates for all covered health care items and services, including prescription drugs.
 
This information must be provided through an online tool on their website and in paper form upon request. Items or services include encounters, procedures, medical tests, supplies, drugs, durable medical equipment, and fees (including facility fees). 

Insurers will be required to make available an initial list of 500 shoppable services that will be determined by the Centers for Medicare and Medicaid, starting with the 2023 plan year. The remainder of all items and services will be required for these self-service tools for plan years that begin on or after Jan. 1, 2024.
 
Public transparency

Health insurers will be required to make available to the public, consumers, researchers and others the following information in "machine-readable" files:
  • Negotiated rates for all covered items and services with in-network providers.
  • Historical payments to, and billed charges from, out-of-network providers.
  • In-network negotiated rates and historical net prices for all covered prescription drugs by plan or issuer at the pharmacy location level.
 
The idea behind these changes is to provide opportunities for detailed research studies, data analysis, and offer third party developers the ability to create private apps and websites to help consumers shop for health care services and prescription drugs.

These files are required to be made public starting with the 2022 plan year.
 
The takeaway

These are final rules but, as mentioned, the part of the rule that affects your group health plan and your employees doesn't take effect until 2023 as the industry will need time to prepare and comply. 
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Once the rules take effect, your covered employees should have a wealth of information at their fingertips when they are shopping and comparing health services and drug information.

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Preparing Your Household for a Hurricane

8/26/2020

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Hurricanes can cause a tremendous amount of death and destruction. Longtime residents of coastal Florida, the Carolinas, Texas, Mississippi, Alabama and Louisiana are familiar with the drill - but there are always procrastinators. 

Hurricane preparedness takes time. Don't leave it to the last minute. Here are some things to keep in mind when a storm is coming:

  • Maintain situational awareness. Keep an eye on national and local media and monitor developing weather systems.
  • Track the projected path of storms, using websites like National Hurricane Center (www.nhc.noaa.gov) and follow news reports.
  • Do a risk assessment for your home. Assess vulnerability to storm surge, wind damage, and flooding. 
  • Plan on at least a three-day wait before substantial government assistance is in place after a hurricane. FEMA can't put its trucks and trailers in the direct path of the storm. It takes at least time for state and FEMA resources to be put in place.
  • Cut down any large trees overhanging your house and garage. The tree could fall, taking out part of your house.
  • Expect a run on hurricane supplies in the last 48 hours before the storm. Buy your batteries, bottled water, fuel cans, generators and other supplies before you need them.
  • Invest in hardened windows, shutters and doors.
  • Failing that, buy your plywood well ahead of time, along with a drill and screws to board up your windows.
  • Obey evacuation orders. If you receive an evacuation order, you are getting it because the authorities know they will not be able to reach you in an emergency. Leave early if you can to avoid gridlock on the roads leaving town. Remember: Many people in coastal communities are killed by hurricanes when they ignore orders to evacuate.
  • Keep your homeowner's or renter's coverage updated with the current replacement value of your home and belongings.
  • Inventory your belongings. You can apps like: Sortly (available for iOS and Android phones), Memento Database (available for iOS and Android phones) and Nest Egg (for iOS only). These resources are free or very low cost and will facilitate compensation from your insurance company if your home is damaged or destroyed by a weather event.
  • Keep fuel in your car. Many times, gas stations run out of fuel in the day or so before a storm. If you can't fuel your vehicle, you can't evacuate. And you may not be able to function.
  • Get a functional battery-operated radio. Don't count on cell phones working for a number of days after a storm.
  • You may be without power for as long as two weeks and sometimes longer. Keep nonperishables, batteries and flashlights.
  • Keep your generator outdoors. Every year, people die from carbon monoxide poisoning because they moved their generator indoors to keep it from being stolen.
  • Understand your generator's capacity. Generators have a limited load. This is especially important to know when you start up electrical items connected to the generator, because startups cause a spike in electrical demand.
  • Know your neighbors. Your neighbors may have a harder time preparing or evacuating from storms than you do, because of frailty, disability, young children, poverty or lack of reliable transportation.
  • Know your community emergency management contacts.
  • Don't underestimate tropical storms. Just because it's not a hurricane doesn't mean it can't do a lot of damage locally. Tropical storms can dump as much rain as a hurricane.
 
By understanding these guidelines, you can protect your home as well as you can and keep your family safe. 

You will also have an easier time getting reimbursed by your insurance company for any damage.

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More Employers Ask Workers to Sign COVID-19 Waivers, but They May Not Be Legal

8/13/2020

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As lawsuits against employers continue rising amid the coronavirus pandemic, some businesses are requiring workers to sign waivers absolving them of liability and responsibility should they contract the virus.

Eight percent of executives surveyed by law firm Blank Rome said they would require that their workers sign waivers of liability before returning to the workplace.
While employers are trying to protect themselves from a liability that didn't even exist a year ago, some human resources legal experts have expressed concerns that they may not be necessary and may be unenforceable.

The moves come as employers are wrestling with numerous risks that the pandemic has wrought, and with the U.S. Senate having proposed legislation that would limit the liability of employers for workers who become sick during the pandemic. A number of states have also enacted laws or emergency regulations that make it harder for employees to sue employers for negligence over COVID-19.

COVID-19-spurred employee lawsuits have mostly centered on employers not providing the proper protections for workers, discrimination or for being laid off for refusing to come to work.

Legal experts caution that employers cannot require workers to waive rights they may have, such as access to workers' compensation benefits or the right to file a complaint with OSHA.

They also say that some employers may consider waivers as a green light to not take precautions against COVID-19, but in such cases the waivers would likely not be legal.

If a worker claims they caught COVID-19 at work and the facts back that up, they would likely have access to workers' compensation benefits (some states even require it). But if the employer was negligent, the employee could have further legal avenues to pursue besides workers' compensation, rights that cannot legally be waived, lawyers say.

So even if an employee were to sign a document waiving their right to file a complaint if they feel their employer is being negligent, they may still have recourse.

Requiring workers to sign waivers could present a number of legal issues, according to the law website nolo.com, including:
  • Courts in some states are reluctant to enforce liability waivers in the workplace because of the superior bargaining power of employers over their staff.
  • Workplace morale could suffer if your employees think you are placing your own economic interests above workplace safety.
  • Any waiver employees sign would not protect your firm from lawsuits filed by their families should they contract COVID-19 if staff are infected at work.
  • A waiver might be unnecessary in states that have passed laws granting immunity to employers for claims made by workers infected with the virus.
 
Another option

While employees who refuse to sign a waiver of their company's liability may have grounds to challenge their employer, some liability lawyers say that employers instead of a waiver can ask their staff to sign a social contract that requires:
  • The employer to follow Centers for Disease Control and Prevention guidelines and take all necessary precautions to prevent the spread of COVID-19 at work, and
  • The workers to comply with their employer's requirements on mandates on wearing masks, social distancing and not coming to work if they have symptoms or of they think they have been exposed to someone with COVID-19. 
 
This type of agreement won't protect an employer from a lawsuit, but it does spell out that they are following authorities' recommendation for protecting employees.

While employees who refuse to sign a waiver of their company's liability could have grounds to sue, those who sign this type of acknowledgement of new workplace rules and government guidance are less likely to be successful if they are fired for not signing. This is because the acknowledgement is not forcing them to give up any of their rights and is rather for their and their co-workers' protection. 

These social contracts also would provide workers with a list of their responsibilities when working during the COVID-19 pandemic, and outline what their employer is doing to protect them.
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Trump Issues Executive Orders to Reduce Drug Costs

8/13/2020

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President Trump has issued executive orders aimed at reducing the cost of medications by tying Medicare payment for outpatient drugs to international prices, passing drug-maker rebates to patients and not middlemen, and allowing individuals to import prescription medications.

Another executive order aims to force community health centers that receive 340B drug discounts to pass discounts for insulin and injectable epinephrine on to patients.
Here's a run-down of the orders:
 
Drug importation

The Executive Order on Increasing Drug Importation to Lower Prices for American Patients calls for new regulations that would:
  • Allow individual state health plans to import certain drugs.
  • Authorize the reimportation of insulin products that were made in the United States and later exported, and
  • Set up a system to grant drug importation waivers for individuals to use at authorized pharmacies.
 
The system that Trump is proposing is reportedly modeled after new laws that took effect in Vermont in 2018, Florida in 2019 and then Colorado and Maine last year, allowing for the importation of certain prescription drugs from Canada. 

Florida's bill directed the state's Agency for Health Care Administration to establish a Canadian Prescription Drug Importation Program and an International Prescription Drug Importation Program.

Vermont and Florida have already submitted proposals to the U.S. Department of Health and Human Services to import prescription drugs from Canada, as the president in recent weeks has reiterated his intention to allow states to do so.

Federal law already grants HHS the authority to allow drug imports, as long as the department's secretary certifies the imported drugs are safe and effective and would lower costs to U.S. consumers.

HHS and the Food and Drug Administration in early August unveiled two pathways that entities could use to import drugs.

Under one pathway, HHS and the FDA would use existing rulemaking authority to allow states, pharmaceutical manufacturers and pharmacists to develop pilot programs to import drugs from Canada "that are versions of FDA-approved drugs that are manufactured consistent with the FDA approval."
 
Eliminating secret deals

Another order would prohibit secret deals between drug makers and pharmacy benefit manager (PBM) middlemen, ensuring patients directly benefit from available discounts at the pharmacy counter.

The Executive Order on Lowering Prices for Patients by Eliminating Kickbacks to Middlemen would pass drug-maker rebates to patients  and allow them to apply the rebate to their cost-sharing, such as deductibles in Medicare Part D plans.

The order states that the any rebate rule could not be advanced unless the HHS secretary gave public confirmation that it would not raise premiums, taxpayer spending or out-of-pocket costs. 

In particular, the proposed rule would exclude from safe-harbor protections under the anti-kickback statute price reductions that are not applied at the point-of-sale or other remuneration that drug manufacturers provide to health plan sponsors, pharmacies or PBMs in operating the Medicare Part D program.

It would also establish new safe harbors that would allow health plan sponsors, pharmacies and PBMs to apply discounts at the patient's point-of-sale in order to lower the patient's out-of-pocket costs.

This would be a significant step in getting drug-maker discounts to patients instead of the PBMs. One of the reasons pharmaceutical prices are so high is the complex mix of payers and negotiators that often separates the consumer from the manufacturer in the drug-purchasing process. 

The result is that the prices patients see at the point of sale do not reflect the prices that their insurance companies, and PBMs hired by those companies, actually pay for medicines. Instead, PBMs negotiate significant discounts off of the list prices, sometimes up to 50% of the cost of the drug, and often the Medicare patient can never enjoy that discount.
 
International reference pricing

Another executive order, which hasn't yet been published publicly, would establish an international pricing index that would set the price Medicare Part B pays for the costliest medications covered under the program to the lowest price in other economically advanced countries. 

However, Trump said his administration will hold the order until Aug. 24 because he may not implement it. He said he needs to meet with pharmaceutical executives first.
 
Epinephrine and insulin discounts

The Executive Order on Access to Affordable Life-saving Medications would require federally qualified health centers to pass along discounts on insulin and injectable epinephrine received from drug companies to certain low-income Americans.

Only patients with low incomes; those with high cost-sharing requirements for insulin or epinephrine; those with high, unmet deductibles; and/or those without health insurance would be eligible for the discount.
 
What's next

In all, Trump issued four executive orders that will require the Centers for Medicaid and Medicare Services to draft new regulations, which would likely not be completed by the end of the year. Regulations often take months to draft and then have to be sent out for public comment before final regs are written. 

The regulations will likely only come to fruition if Trump wins the presidency for a second term, as any regulatory initiatives in mid-stream would probably otherwise be abandoned.
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Private Flood Insurance may be Cheaper for Properties in Flood Risk Zones

5/28/2020

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For 2017, private flood insurance statements had to be reported. This was the first time that such information was required to be reported. The Insurance Information Institute released a list of the market's biggest insurance companies offering the coverage based on previously gathered data and they said that over 80 percent of the market share was held by these leading companies. The top company alone held nearly 55 percent. Total premiums written by all companies totaled over $375 million.

What is Private Flood Insurance?

This type of coverage is available for both residential and commercial properties. The policies cover excess flood and flood peril, and they do not include damages from sewer backups or crop flooding. In the past, only the government offered flood insurance. However, private insurers are becoming more comfortable offering this coverage today because of the following reasons:
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  • Improved flood modeling
  • Improved flood mapping
  • Flood-resistant building technology
  • Congressional approval

Why Private Insurance is a Good Solution

After several catastrophic hurricanes over the past decade, the National Flood Insurance Program offered by the Federal Emergency Management Agency took a major financial hit. It is currently billions of dollars in debt. This has also helped open the market for private insurance companies to offer flood protection. Lawmakers like the solution since it will help get the NFIP out of debt faster.

In early 2017, the NFIP transferred financial risks totaling $1 billion to private insurers. This was done through reinsurance, which FEMA gained approval for, thanks to the Homeowner Flood Insurance Affordability Act of 2014 and the Biggert-Waters Flood Insurance Reform Act of 2012. More options and competitive pricing are two benefits that an improved private flood insurance market would create.

A Peek At Potential Savings

KatRisk and Milliman partnered to collect and analyze data from three states that have been affected by catastrophic hurricanes and face higher risks of future damages. The organizations looked at data from Louisiana, Texas and Florida. These three states represent over 55 percent of the NFIP's active policies in the USA. The researchers compared NFIP premiums to several private insurance premium models. 

Research showed that more than 75 percent of Florida homeowners would see lower premiums with private insurers. More than 90 percent of Texas homeowners would save money, and nearly 70 percent of Louisiana homeowners would see a premium drop. About 70 percent of the Texas homes included in the model would qualify for a premium that is one-fifth of the NFIP's equivalent policy. The ratio dropped to about 45 percent in Florida and a little over 40 percent in Louisiana. However, researchers also found that about five percent of the modeled homes in Texas would see premiums that were higher than the NFIP's, and the ratio increased to about 15 percent in Florida and over 20 percent in Louisiana. 

As researchers continue to track state-specific data in the coming years, more property owners will be making the switch to save money. To learn more about private flood insurance and if it is a good solution for individual needs, contact us.

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Do You Know Your Flood Risk?

5/22/2020

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Almost everyone has a risk of their home being flooded, regardless of where they live. And now as flooding has become an annual threat to many communities across the country, even areas that were not considered flood-prone are also at risk. 

There was record rain and snow in many parts of the country in the early part of the year, and many areas can therefore expect flooding.

According to the Federal Emergency Management Agency, more than 20% of all flood insurance claims come from areas outside of high-risk flood zones - and that number is rising with each passing year.

That still means the vast majority come from high-risk areas. How can a property owner find out what their flood risk is?
 
Gauging your flood risk
FEMA considers a property to be at high risk of flood if there is at least a one-in-four chance of flooding during the life of a 30-year mortgage.

Geographic areas with this risk are known as special flood hazard areas (SFHAs). Federal regulations require federally regulated or insured mortgage lenders to confirm that mortgaged properties in these areas carry flood insurance.

The traditional way to determine a property's flood risk is to locate it on a flood insurance rate map (FIRM). FEMA publishes these maps based on geographic survey data. They are the official depictions of flood hazards in a locality.

FIRMs are freely available for review at the Flood Map Service Center on FEMA's web site. As a property owner, you can view your flood risk by entering your address in the search field.

Flood maps assign each area in a community to labeled flood zones. Areas with low-to-moderate risks of flooding are assigned to zones with labels beginning with the letters B, C, X or a shaded X. SFHAs are designated with the letters A or V. These areas are shaded on the maps for easy identification.

Property owners can also search for their flood risks at FEMA's flood insurance consumer web site, www.floodsmart.gov. By entering your address in the fields on the home page, you can quickly learn whether you face a low-to-moderate or high risk.

The site offers other valuable tools, such as an estimator that can calculate how much financial damage a given amount of water (two inches, four inches, etc.) would cause in homes of various sizes. 

For example, six inches of water in a 2,000 square foot home would cause $39,150 in damage.

FEMA also offers a suite of flood risk products that go beyond the information provided in a FIRM. They include:
  • Flood risk maps, which show the overall picture of risk for a given area,
  • Flood risk reports, which show community-specific risk information, and
  • The Flood Risk Database, which stores all flood risk data for an area.
 
These products are helpful for community planners, but individual property owners can also use them to get a clear idea of their flood risks.

Elevation certificates may also be on file with local governments for certain properties. These documents show the elevation of the lowest floor of a building (including the basement) compared to the base flood elevation for the area.
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An elevation certificate demonstrates community compliance with flood-plain management laws and is used to set appropriate flood insurance premiums.
 
The takeaway
A flood can be every bit as catastrophic as a fire. It is worthwhile for property owners to learn their flood risk and take steps to reduce it. Additionally, with the increasing risk of flooding in non-flood-plain areas, if you live near a flood plain, you may want to secure flood insurance. 

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Filing Late and Other Ways to Have a Claim Rejected

5/6/2020

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​One of the biggest mistakes you can make if you incur damage to your business premises is to wait too long before filing the claim with your insurer.

The owners of a hotel in Dallas learned this the hard way when a U.S. Circuit Court of Appeals held that the business had waited too long to file a claim with its insurer after suffering hail damage.

The court ruled that because the hotel had waited more than 19 months to file the claim, it was impossible for the insurer to ascertain exactly when the damage had occurred.

The hotel's property policy required that the insured make "prompt notice" of any claims.

But the insurer rejected the claim when it received it for a hailstorm that had happened more than a year and a half earlier, on the grounds that it could not determine what had caused the damage or when the damage occurred. This was crucial since the policy had expired 17 months earlier - two months after the storm had allegedly damaged the hotel.

Believe it or not, filing late is a common problem and it is one of many mistakes business owners make when filing claims. The following are surefire ways to risk having your claim denied or disputed by your insurance company:

Not contacting your insurer immediately
While most insurance policies state that you must notify the company promptly of a loss, what counts as "prompt" may be a little vague. However, you can wreck your claim by reporting a loss so late that it "prejudices" the insurance company.

For the most part, you should take steps to notify your insurer as soon as possible after you become aware of a loss.
 
Failing to document the damage
Take pictures and itemize everything that was damaged. Often, you will have to make repairs immediately to prevent additional damage, or move machinery to a new location. If so, be sure to photograph the original scene to document how it was before you started your clean-up effort. Also take photos of any repairs you make.
 
Disposing of damaged goods
If your business clean-up includes removal of items such as water-damaged merchandise, flooring or insulation, keep it all, even if it has to pile up in the parking lot. The damaged materials are all evidence of the impact of the disaster on your business.
 
Not appealing an insurer's low estimate
After the claims adjuster inspects the damage, the insurance company will give you a damage estimate. If you think it's too low, you can appeal. We can help if you feel the estimate is too low.

But some businesses will hire an outside adjuster to make a second estimate, and then the claim will go to mediation for a final resolution.
 
Not reading your policy
You should understand exactly what your policy covers. For the most part, commercial property policies will not cover flooding or earthquake damage. That kind of coverage will often require a separate policy or rider.
 
Not being prepared
If your business suffers damage, you'll be better off if you know what to do in advance. Some advance steps you can take are:
  • Reviewing your policy to make sure you have adequate coverage.
  • Knowing where your insurance policy is kept.
  • Keeping an extra copy of the policy off-premises or in a safety deposit box.
  • Having our telephone number and e-mail address in the contacts on your smartphone, so you can call us immediately if you suffer a claim.
 
A final word…
Filing a claim is usually not a difficult process, but you should be prepared in advance, like making sure you keep good records of all your assets, including receipts, payment schedules and more.
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Finally, if you are unsure whether you should file a claim on any of your commercial policies, you can always give us a call to discuss the event and we can assist you.
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