What could go wrong?'
Every time you pick up the newspaper or turn on the TV,
you find stories of things that actually did go wrong.
From traditional disasters (fire, water damage, employee
lawsuits) to cyberspace disasters (computer viruses, data
base corruption, lawsuits for copyright infringement), the
world of business is full of risks.
Insurance can be a cost-effective way to protect your business
from a broad range of legal and business risks. It's
good business practice to review your insurance coverage
and cost, at least annually. By getting competitive
bids, you ensure that coverages are sufficient and better
understand your options. Responsive service and a
great reputation are what distinguish the best insurance
people. If you have a claim, you want a quality insurance
person as your agent.
First, check the exclusions.
The most important part of any insurance policy is what's
excluded. So, spare yourself the torture of reading
the whole policy and focus on the exclusions in your current
policies.
Second, get a competitive quote.
It's amazing what happens when you get one or more competitive
quotes. You find out which agents and companies are responsive
and what your options are.
Ask for recommendations from your business colleagues or
advisers for knowledgeable business insurance people. Then
follow up and request that the insurance agent perform
a review of current coverage and make recommendations.
Third, ask yourself some hard questions about your risks.
- Risk of damage to property?
Is your coverage 'all risk' or just 'named-peril' (i.e.,
fire, rain)?
Does your policy cover losses from business interruption? Damage
to software and data?
A good policy covers the costs of recovering from the
interruption of the business, including lost business.
- Risk of liability for injury or harm?
Commercial liability insurance covers bodily injury and
property damage caused to others.
Is your coverage 'all-risk'? Does your policy require
the insurance company to defend you as well as pay any
judgment or settlement?
- Risk of injury to employees?
Workmen's compensation insurance is mandatory. It's
required by law, and if you don't have it, you are subject
to expensive penalties.
It covers employees injured 'in the course of' or 'arising
out of' employment.
- Risk of malpractice?
This insurance, (sometimes called 'Errors and Omissions',
'E&O' or malpractice) covers negligent acts, errors or
omissions in the performance of professional services.
Typical exclusions include criminal, fraudulent or acts
intended to cause harm.
Emerging issues include whether such policies cover professional
services for 'failure to meet contractual obligations.'
- Risk to Officers & Directors?
This insurance (sometimes called 'D&O') protects your
directors and officers from the costs of a lawsuit for
acts on behalf of the company.
With this type of policy, check the exclusions carefully. An
important consideration is whether the coverage pays
the legal fees up front in the event of a claim (or only
reimburses).
- Other risks?
New types of specialty insurance are becoming available
for protection against claims such as copyright infringement
and sexual harassment. Such policies may or may
not be a good fit for your business risk.
In conclusion, I recommend that you:
- Check the exclusions;
- Get competitive quotes; and
- Think carefully about your risks.
Jean D. Sifleet
Attorney & CPA
P.S. Incorporating is a way to limit your personal exposure
for liabilities of the business. For more information,
see prior eNews 'S-CORP, C-CORP, LLC - What's Right for Your
Business?'
(www.smartfast.com/newsletters/newsletters.htm)
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