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for the week of October 30, 2020

Education + Analysis for the Independent Agent

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Contractual Risk Transfer / Additional Insured / Certificates of Insurance * Business Auto * Crime * Flood * Insurance Laws and Statutes / Coverage Resoures * Special Feature - Cyber's Dearth of Data
The Anatomy of a Hold Harmless and Indemnity Agreement
Although we know that interpreting contracts is a matter of law, because our customers routinely execute hold harmless and indemnity agreements with all manner of entities, knowledge of these contractual provisions is of primary importance. It is important that you have insight to help you better understand the workings of these agreement and how your customer’s CGL policy may or may not provide coverage for the liability created by such agreements.
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.
Is DOC Needed if the BAP Has Symbol 1?
A commercial prospect's CEO drives a company car. The current agent told the CEO that DOC coverage is not necessary if Symbol 1 coverage is used for liability since it covers "any auto." I disagree but would like help with some examples of why DOC should be added.
Vicarious Liability for Employees: Are You Your Employees' Keeper?
With the mobility that technology offers in the form of cell phones, PDAs, and laptops, the ability to conduct business away from the traditional office has exposed employers to hazards not considered or dreamed of just a few years ago. Employers are subject to an ever-increasing chance of being held vicariously liable for the actions of their employees working outside of the traditional office.
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!
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.
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. 
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?
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.
Eliot Spitzer, Bid Rigging, and Commission Disclosure Statements– Not to Dredge Up Old Pains
Eliot Spitzer, former New York Attorney General, sued Marsh & McLennan Cos. on October 14, 2004, for supposed bid rigging and other misdeeds and misinformation. This suit led to laws requiring insurance agents and brokers to disclose who they represent (the carrier or the insured), the sources of income, and sometimes the amount of income. Fifteen states currently have commission disclosure laws on the books possibly as an indirect result of Spitzer’s suit.
Strength in Numbers: How Cyber Insurers Can Improve Their Market View
ISO brings an interesting perspective to pricing Cyber coverage; specifically, that Cyber carriers don’t have enough individualized data to accurately price coverage. Data, it’s all about data.
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