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for the week of October 16, 2020

Education + Analysis for the Independent Agent

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Special Feature - "Employee" or "Independent Contractor" * News & Filings from ISO * Business Auto * Contractual Risk Transfer / Additional Insured / Certificates of Insurance * Crime * Flood * Insurance Laws & Statutes / Coverage Resources
Employee or Independent Contractor
Classifying a worker as either an “employee” or “independent contractor” is problematic for more than just workers’ compensation. In an attempt to minimize the problems and confusion, the Department of Labor has proposed the codification of five tests to help in classifying a particular worker as an employee or independent contractor. Although not necessarily developed for the insurance industry, these tests can be used for workers’ compensation clients.
The Era of Vehicle Hacking is Here. Are Insurers Ready?
Do you think your car can be “stolen” yet still be sitting in the parking lot or driveway with you in it? Well, evidently, it can – it’s called “Hacking.” Because of the technology found in new vehicles, hacker may be able to “steal” your car even though you are still in passion of it.
ISO Business Auto Form and Endorsement Revisions
ISO’s most recent BAP multistate filing includes 19 NEW endorsements. Effective 11/1/2020, many of these endorsements are the result of Big I’s Technical Affairs Committee and cover gaps that have existed for years. Get to know these endorsements, they can save the insured from major coverage gaps.
Does a Sole Proprietor Need Symbols 8 & 9 AND Drive Other Car Coverage?
BAP Symbols 8 and 9, Drive Other Car coverage, and the Individual Named Insured endorsement…which is appropriate under what circumstances? Confusion abounds!
Pulling a Personally Owned Trailer with a Company Truck
We get a number of questions regarding insuring trailers. Here is yet another twist, along with links to other articles at the end. If you search the VU for “trailer”, you will undoubtedly find many more.
Overcoming a Symbol 7 Limitation with Symbol 8
Your insured's business auto policy includes Symbols 7 and 8. He acquires a new vehicle, but fails to report it until he has an accident three months later. Normally, there is no coverage under Symbol 7 for acquired vehicles beyond 30 days. However, rather than buy the vehicle, he leased it under a long-term lease agreement. Does that make a difference?
CGL Contractual Liability Coverage...Does It Override Exclusions?
An insured who leases premises accidentally damaged the building with a backhoe. He has a written lease on the premises and the lease makes him responsible for damage to the property. The agency feels that since this is an "insured contract," the exclusion for damage to property you rent does not apply and the damage should be covered under the contractual liability.
Beware Indemnity Agreement Agent Affidavits
All too often, agents are asked by third parties to sign an "agent affidavit" attesting that an insured's insurance program complies with a contract the insured has signed with that party. Chances are, your customer has no idea of the difference between CGL contractual liability and an indemnity agreement. Many agents don't. Please sit down before you read this article.
What Does an Agent Owe a Certificate Holder?
Do agents owe any duty to a certificate holder? Opinions differ. Given the reality of the COI, its intended purpose and the parties to the various contracts related to a construction site, agents have very little duty to the certificate holder beyond honesty.
Agency Risk Management Essentials - The Dangers of Technology
Delve into the world of cybercrime and learn from experts in the field of cybersecurity including two former FBI agents and executives from Swiss Re and the Independent Insurance Agents and Brokers of America (the Big ‘I’). This free webinar helps you discover ways to protect yourself and your business from the dangers of today’s technology.
Other Structures and NFIP Coverage
When looking at the National Flood Insurance Program (NFIP), the other structures coverage is so limited that it might almost be thought of as, “There isn’t any.”  To adequately protect other structures under the NFIP, a separate policy per building is required.
Condo Associations and the NFIP
What happens with there is not enough coverage from the NFIP to cover the condo association. Do the unit owners purchase their own coverage or does the association have to purchase excess coverage?
New Flood Insurance Manual
The National Flood Insurance Program (NFIP) updated its Flood Insurance Manual effective April 1, 2020. Following are links to the updated manual and appendices. 
PAP Resource List by State
Download this handy PAP Resource list organized by state for easy reference.
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