Every small business should conduct a risk management assessment prior to reassessing their business insurance needs – preferably before they even open their doors.  Basically, this means imagining the “What ifs” and thinking about worst-case scenarios.  Think about any event that could lead to a loss for your business, estimate the cost of that loss, and determine how to best address each risk.  These losses may include material losses, liability, business interruption, or injury to employees.  

There are several factors that will determine the list of risks to your business.  The risks to a company that produces large machinery will be very different from a service business.  A caterer who rarely if ever has customers coming to their location will have very similar and – at the same time - very different risks and insurance needs than a restaurant that has customers coming and going all the time.  Each business is unique.

Here are 7 types of risk/loss to consider before purchasing or changing your commercial insurance coverage:

1. Loss of physical assets due to accidents (fires) and nature (floods)
2. Loss of Intellectual Data
3. Theft of physical assets
4. Business liability – customers or employees getting injured on your premises
5. Business product liability – A product that you manufacture/sell causes injury
6. Advertising slander or personal injury
7. Loss of income

How to Deal with business risks and help lower your commercial insurance costs:

Some business risks can be minimized or eliminated with specific actions; many risks are best managed by purchasing commercial insurance.  For example, if you’re concerned about damage to your property, you could lease the property instead of purchasing it - or you could purchase insurance.  If you’re concerned about theft, you could install an alarm system to minimize loss, but you would probably want to purchase insurance as well (the alarm system may afford you a discount).

Business insurance can reduce, mitigate or compensate for exposure to business risks. An insurance agency will do a risk assessment to determine how much insurance you need and what you need to cover, and they’ll do it at no cost.  This assessment might include visiting your business, talking to you about the business or service you provide, reviewing your inventory, and reviewing any procedures to determine all the risks your business could be exposed to. By conducting your own assessment, you can combine your knowledge of your business with your insurance agent’s knowledge of insurance to create the best insurance policy to protect your business. 

Growth is Good, But ..

As your business grows, so do your liabilities!  If you purchase or replace equipment or expanded operations, you should contact your insurance broker to discuss changes in your business and how they can affect your need for expanded insurance coverage. Should disaster strike, you don't want to be caught underinsured.

Getting the Right Business Insurance is Key

For more help creating a risk management assessment and aligning your business insurance needs with your risk, contact American Insuring Group at (800) 947-1270 or (610) 775-3848.

You’re about to become an employer.  Maybe you’ve been in business for a while, but now you’re ready to hire your first employee.  You’re excited; this means your business is growing.  Or, maybe you’re just starting a business and you need employees to help run that business. 

Either way, being an employer comes with many responsibilities, including ensuring that you purchase the right business insurance.  You may be asking yourself, “What insurance is required by law and what is optional?  What’s in the best interest of both my business and my employees?” 

There are four primary types of insurance every employer should take a look at – Workers Compensation Insurance, Unemployment Insurance Tax, Disability Insurance, and Health Insurance.

Workers’ Compensation Insurance

Workers Compensation Insurance coverage ensures medical and wage-loss benefits to employees who are injured on the job. Plus, it helps protect employers against lawsuits filed by injured workers. Worker’s Comp insurance requirements vary by state.  In Pennsylvania, if you employ one or more employees - whether they’re part-time or full-time (including family members) workers’ compensation insurance coverage is mandatory.

If you are a sole proprietor, Workers' compensation insurance is not required by law, which can save you money; however, if you’re ever injured on the job, workers’ compensation insurance can help pay medical bills and supplement lost wages until you’re able to go back to work.

Click here for information about workers compensation insurance requirements in other states.

Unemployment Insurance Tax

Unemployment Insurance (UI) is a joint state and federal program financed through federal and state employer payroll taxes. It provides temporary payments to individuals who are unemployed through no fault of their own.  Each state has its own unemployment insurance program, which includes additional eligibility requirements, but they all follow guidelines established by the federal government.

Most employers must pay federal employer payroll taxes if they pay employee wages of $1,500, or more, in a quarter or if they have at least one employee during 20 weeks in a calendar year.  Most employers are also required to pay state unemployment taxes. In Pennsylvania, all employers providing employment to one or more workers must register Form PA-100 with the Office of UC Tax Services.

Employment that is not covered under the UC law includes the following:

• An individual employed by his or her son, daughter or spouse
• A child under the age of 18 who is employed by his or her parent
• A student in the employ of an organized camp that did not operate more than seven months in the preceding calendar year

Disability Insurance

Some states require that employers provide partial wage replacement insurance coverage to their eligible employees for non-work related sickness or injury. Currently, if your employees are located in any of the following states, you are required to purchase disability insurance:

• California
• Hawaii
• New Jersey
• New York
• Puerto Rico
• Rhode Island

In Pennsylvania, there are two types of disability insurance available if you decide to purchase it for your employees: short-term and long-term.

Again, if you are a sole proprietor, Disability Insurance is not required in Pennsylvania; however, if your family relies on your income, you may want to consider disability insurance for yourself to help pay medical bills and supplement lost wages if you become sick or injured.

Health Insurance

If you have more than 50 employees you are required to provide health insurance benefits to your full-time employees.  If you have more than 50 employees and don’t offer health benefits, you may be subject to a penalty call the shared responsibility payment.  96% of employers in Pennsylvania are exempt from the shared responsibility requirement. 

Contact Us for All Your Business Insurance Needs

If you’re an employer, contact American Insuring Group at (800) 947-1270 or (610) 775-3848 for more information about required and recommended business insurance, including health insurance, disability insurance, workers compensation insurance, or any other insurance your business may need. We've been helping businesses like yours acquire affordable, high-quality insurance for over 25 years.

It’s a bird.  It’s a plane.  No, it’s a drone!

Businesses are discovering many uses for drones – also known as unmanned aircraft systems (UAS).  In fact, total spending for military and commercial drones is expected to reach $89.1 billion over the next ten years.  This translates into approximately 30,000 small commercial drones in use by 2020, according to the Federal Aviation Administration (FAA).

Commercial Application of Drones: Implications for Commercial Insurance

Drones are already being used by real estate brokers to get images of properties from the air, by farmers to monitor crops, by insurance claims adjusters to view damaged property, by the Forest Services to monitor fires, and by movie companies in film production.

Almost any job that currently requires an aircraft is a good candidate for a drone, since drones are considerably less expensive to operate.  Major online retailers are already planning on using drones to deliver packages.  Plus, drones can provide safer options and prevent worker injuries in many cases.  For example, if you own a construction company and you need the top beams of a building inspected, would you rather send a man several hundred feet off the ground or a drone? The bottom line is that if you are operating drones for business purposes then it's critically important to add drone insurance to your business insurance policy. 

Other potential uses for drones include:

• News: aerial reporting
• Insurance: claims and underwriting operations
• Service: table service at restaurants and bars!

Commercial Insurance Implications for Businesses Operating Drones: A Closer Look

This proliferation of drones increases the need to address commercial insurance liability and coverage issues, most notably - personal injury and invasion of privacy.  Drones are excluded in about 99 percent of Commercial General Liability policies available today.  Legal issues include “trespassing” drones; airspace ownership laws; and the question of federal aviation laws vs. state laws. In addition, many drones have high-powered cameras, infrared sensors, facial recognition technology, and license plate readers, which also brings up concerns regarding invasion of privacy, spying, stalking, and harassment.

Insurance Companies Scrambling to Supply Drone Insurance Coverage

In February 2012, congress mandated that the Federal Aviation Administration (FAA) find a way to integrate drones into U.S. airspace by September 2015.  With that deadline looming, the FAA is nowhere close to finalizing its plans.  This lack of regulation and the fact that there is very little loss history available at this point makes it challenging for insurance companies to develop policies. It's therefore likely that drone insurance rates may vary widely among insurance providers. Therefore, it's helpful to acquire drone insurance protection from an indepdent insurance agency who is free to shop around among competing brands of insurance providers in order to help you obtain the proper coverage at a fair price.

Drone Insurance Risk Factors - Similar to Aircraft Insurance Risks

Since drones are regulated by the FAA, many of the same questions that an underwriter looks at with an aircraft will also apply to a drone, such as its function or intent, its takeoff and landing location, whether it will be operating over a populated area, and its flying altitude.  However, a drone is not a manned aircraft.  Underwriters will need to look at liability, personal injury, and invasion of privacy, property and workers’ compensation when creating insurance policies for commercial drones. 

Currently there are about 21 insurance companies that write aircraft product liability policies – up from just nine a few years ago.  Someday requesting insurance for drones and drone-related operations will become routine, but for now we’re faced with the challenge of keeping up with the issues that come along with quickly advancing technology. 

For more information about drone insurance and other commercial insurance needs, contact American Insuring Group at (800)947-1270 or (610)775-3848. As an independent insurance agency, we're postitioned to help you save on insurance by shopping your needs among many competing insurance providers. Call today.

The Largest Minority Group in the U.S: Americans with Disabilities

More than 50 million Americans – 18% of the population – have disabilities, making them the largest minority group in the country.  In addition, approximately 71.5 million baby boomers will be over the age of 65 by the year 2030; many will require special provisions to meet their age-specific physical needs.  

There are many reasons for your business to provide accessibility to disabled individuals.  First, it’s the right thing to do.  Second, each of these individuals is a potential customer and studies have shown that once people with disabilities find a business where they can comfortably and easily shop or get services in, they become repeat customers. And finally, the Americans with Disabilities Act allows individuals and disability rights organizations to bring lawsuits against businesses that do not comply with the Act, knowingly or unknowingly. In such cases having the right commercial insurance can be critical to your financial protection. 

What is ADA?

The ADA, signed into law in 1990, is a federal civil rights law that prohibits the exclusion of people with disabilities from everyday activities such as shopping, eating in a restaurant, or seeing a movie.  Thanks - in great part - to the ADA, people with disabilities are living more independent lives and participating in more activities within their communities. 

The ADA is Confusing, But Your Business Can be Held Liable Regardless of Your Intent

Unfortunately, the ADA laws can be very confusing and often frustrating to small business owners, and although there are some exceptions given to smaller businesses regarding the ADA rules against disability discrimination in employment and the requirement that employers provide reasonable accommodations to disabled employees, the adoption of Title III of the ADA in 2010 applies to every business that serves the public - regardless of the size of the business or the age of the building. How confident are you that your business is in full compliance? Do you have the proper commercial liability insurance protection to help shield you from unknown risks?

Title III applies to businesses that provide goods or services to the public (known as  “public accommodations”).  There are 12 categories of public accommodations, including stores, restaurants, bars, services establishments, theaters, hotels, recreational facilities, private museums and schools, doctors’ offices, shopping malls, and other businesses.  Essentially, any business that regularly serves the public (with the exception of private clubs and religious organizations) is considered a public accommodation.  

Know the Most Common ADA Violations and Prepare Accordingly

These businesses must take steps to ensure that their facilities are accessible to individuals with disabilities.  Here are seven of the most common areas of violations:

• Parking lots
• Exterior ramps
• Paths of travel
• Signage
• Restrooms
• Lobbies and reception areas
• Accessibility to goods and services 

How Can I Protect My Business from ADA Title III Lawsuits?

If your business isn’t compliant, you can lose potential customers and open yourself up to lawsuits, heavy fines, and legal fees.  Although it is impossible for businesses that serve the public to completely avoid the risk of ADA lawsuits, there are a number of steps you can take to minimize your risk:

1. Have your property inspected by an ADA compliance expert.
2. Read through the 2010 ADA Standards for Accessible Design. 
3. Read through the ADA Small Business Primer. 
4. Take the online course, “At Your Service: Welcoming Customers with Disabilities.”
5. Know the difference between ADA requirements and state and local building codes.  “Grandfather” provisions that are often found in local building codes do not exempt businesses from ADA Title III compliance.
6. Don’t ignore letters from plaintiff’s attorneys threatening ADA lawsuits.  Sometimes claims can be resolved with little cost if addressed prior to extensive litigation.
7. Provide training to your employees and staff on how to address questions or concerns about disability access from customers.
8. Discuss your liability insurance with your insurance agent

Knowledge is Key to the Right Business Insurance Protection

For more information about commercial liability insurance, contact American Insuring Group at (800)947-1270 or (610)775-3848. We'll help you get the right business insurance protection at the right price using our pool of competing insurance providers. Contact us today.

3 Construction Insurance Must-Haves

Whether you’re a subcontractor or a general contractor – whether you build small backyard sheds or giant commercial buildings – whether you’re a one-man remodeling business or a multi-million dollar construction company, there are three types of insurance you need to consider.  In other words, the size of your business and the size of the project make little difference.  If you want to protect your investment, your employees, and even your business, there are three types of commercial insurance to consider: Liability Insurance, Builders Risk Insurance, and Flood Insurance. 

Commercial Liability Insurance (A.k.a. Commercial General Business Liability Insurance)

Commercial Liability Insurance is a critical part of any business’s insurance portfolio and particularly pertinent in the construction industry where accidents and injuries are more common. Commercial Liability Insurance protects you and your company if someone gets hurt on your property or if you or an employee causes property damage or injury on a job site.  This insurance helps cover medical and legal defense costs and settlements if you are sued.  Extended litigation (including attorney fees and court costs) can quickly deplete your cash reserves - even if the claims are found to be unwarranted.  

The amount of liability insurance is proportionate to the cost of the project.  Generally, you should have coverage that is two to three times the amount of the construction project budget.  In addition, businesses with higher risk for damages, such as roofing contractors, may need higher coverage.

Before you begin to build, repair, or remodel any structure – even as a subcontractor - common business standards require that you provide evidence of liability insurance.  Adequate General Liability Insurance safeguards your business – even in today's litigious environment.

Builder’s Risk Insurance (A.k.a. Course of Construction Coverage)

Builder’s Risk Insurance (construction insurance) is property insurance that covers damage to a building during construction.  It may cover just the structure itself, or it can include materials, fixtures, and/or equipment being used in the construction or renovation of the building.  Lending and municipal authorities will often require this insurance, and it can apply to both new construction and remodeling projects.

Most Builder’s Risk Insurance policies cover damage caused by fire, wind, lightning, hail, theft, vandalism, and damages by aircraft and vehicles. Items that generally are not covered include damage due to earthquake, employee theft, water damage, and mechanical breakdown.  Damage resulting from faulty design, planning, workmanship, or materials is rarely covered, and it’s important to note that Builder’s Risk insurance doesn’t cover tools and equipment or the property of others (that’s why it’s important for sub-contractors to have their own insurance).

Flood Insurance

Flood insurance is typically covered by the National Flood Insurance Program and usually has a 30-day waiting period before entering its coverage period.  This is done so the insurance isn’t purchased only when a flood is expected. 

Flood insurance is required in high-risk areas and strongly recommended in moderate-to-low risk areas.  It normally covers damage caused by tidal waves, overflow of inland water, unusual accumulation of runoff water, and water exceeding normal levels. 

For more customized information about your construction insurance or contractor insurance needs, contact American Insuring Group at (800) 947-1270 or (610) 775-3848. We'll help get you the right coverage for your projects at the right price. That's because we're independent agents offering over 25 competing brands of insurance, so we're free to find you the best deal in quality insurance protection. Contact us today.

Every employer is responsible for insuring a safe working environment for his or her employees. If you’re in construction, workplace safety should move to the top of your priorities because more than 20% of the work-related fatalities in 2013 occurred in the construction industry. 

STEP #1: Identify Construction Safety Hazards

First, you need to identify potential hazards.  OSHA lists the following hazards for individuals in the construction industry:

1. Falls (from heights),
2. Trench collapse,
3. Scaffold collapse,
4. Electric shock and arc flash/arc blast,
5. Failure to use proper personal protective equipment, and
6. Repetitive motion injuries.

STEP #2: Address Construction Hazards

Next, you need to address those hazards.  OSHA has identified the following as some of the most frequently cited hazards:

1. Scaffolding – Approximately 2.3 million construction workers regularly use scaffolds, and it is estimated that 4,500 injuries and 50 fatalities related to the use of scaffolding occur each year.  To help avoid some of these injuries and fatalities, you need to ensure that scaffolding is erected by a competent person using stable supports on solid footing and that it is inspected regularly.  Scaffolding should be sound; located at least 10 feet from electric power lines; equipped with guardrails, midrails, and toeboards; and accessible by ladders or stairways.
    
2. Fall protection – Falls account for the greatest number of fatalities in the construction industry.  They’re caused by unstable work surfaces, failure to use fall protection equipment, and human errors.  Using guardrails, fall arrest systems, safety nets, covers and restraint systems, you can prevent many deaths and injuries caused by falls.
    
3. Ladders – there are approximately 24,882 injuries and 36 fatalities each year due to falls on stairways and ladders used in construction.  To avoid some of those falls, you need to use the right ladder for each task, inspect ladders regularly, ensure that ladders are long enough to safely reach the work area, and never over-load ladders. 
    
4. Head protection – You need to ensure that workers wear hard hats where needed to reduce serious head injuries that can result from blows to the head, from falling objects, or other hazards.
    
5. Hazard communication – In order to avoid chemical burns, respiratory problems, fires and explosions caused by not recognizing the hazards associated with chemicals, you should maintain a Material Safety Data Sheet (MSDS) and make the information accessible to employees.  Plus, you need train employees on how to read those MSDS and provide personal protective equipment, a written spill control plan, and spill clean-up kits.
    
6. Electrical – Electric shock, electrocution, fires, and explosions can be serious workplace hazards in the construction industry.  To avoid these hazards in your workplace, ensure that all electrical tools are properly grounded and extension cords have grounding prongs, locate and identify all overhead electrical power lines and inspect and ensure that equipment and materials never come within ten feet of those lines,  and maintain all electrical tools and equipment.

Ensuring the safety of your employees is important to the health and safety of your employees and the health and safety of your business.  Neglecting the safety of your employees can cause lawsuits, higher health insurance premiums, higher construction insurance premiums, and higher workers compensation premiums and related costs. 

Get the Right Construction Insurance

To learn more about reducing your construction insurance costs while acquiring quality insurance protection, contact an American Insuring Group agent at (800) 947-1270 or (610) 775-3848. We're Independent Insurance Agents, so we're free to shop among many competing insurance carriers to find the right insurance at the best price, including construction insurance, worker's compensation insurance, and every other type of insurance your business may need. Contact us today. 

Will Your Restaurant be Held Liable for Accidents? How Much Can Restaurant Insurance Help?

Let’s say you own a restaurant.  One night, a group of friends enjoy dinner and a few drinks at your restaurant.  They decide to go to a club where they dance and consume more alcohol.  Then, they go to a corner pub to wind down with a few more drinks.  On the way home, one of those friends causes an accident that injures or – God forbid – kills someone in the process.

Who is responsible?  You and your restaurant?  The club?  The pub?  That depends on which state your restaurant is located.  If it’s in Nevada, none of the establishments will be held responsible for injuries caused by intoxicated patrons; all of the responsibility lies with the person directly causing the injury.   However, many other states place the responsibility elsewhere.

Pennsylvania’s Dram Shop Statute

In Pennsylvania, all of the establishments could be held responsible – even your restaurant.  Under Pennsylvania’s Dram Shop Statute, a licensed drinking establishment can be held liable for injuries caused by intoxication if the establishment served alcohol to a visibly intoxicated individual or to a minor.

Not only could you face administrative and criminal fines and penalties, but you could also be sued in civil court for damages that person might cause after leaving your establishment.  You could lose your liquor license. If you serve alcohol to a minor, the establishment's owner, operator, or the server could face a term of imprisonment of three months to one year, a fine of up to $5,000, or both.

Determining whether a server should have realized the extent of a patron's intoxication is fuzzy.   How the alcohol affects a person is what matters, not how many drinks were consumed. 

When is a Driver Considered Legally Drunk in Pennsylvania?

• Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is .04 percent or greater.
• School bus drivers are legally drunk when their blood alcohol level is .02 or more.
• Drivers under 21 are legally drunk when their blood alcohol concentration is .02 or more.

How to Protect Yourself, Your Employees, and Your Business

If your establishment serves alcohol, all of your servers and managers should undergo some type of training in alcohol service, such as the National Hospitality Institute’s Techniques of Alcohol Management or Pennsylvania’s Responsible Alcohol Management Training Program (RAMP).

RAMP, created by the Pennsylvania Liquor Control Board, helps licensees – such as restaurants, hotels, clubs, and distributors - and their employees serve alcohol more responsibly.  RAMP certification offers practical advice on detecting fake IDs, using the FEAR method of carding, and identifying a “visibly intoxicated patron.”

But, what if that person was not intoxicated when he or she left your restaurant and is of a legal drinking age?  You could still be held responsible.  If an incident does occur, your best defense is a written policy and documentation that you adhere to that policy.  Review the policy with your employees regularly. 

Liquor Liability Insurance - Important Restaurant Insurance Protection

Liquor liability insurance can be an invaluable form of restaurant insurance protection. It can help protect your restaurant business from highly damaging lawsuits into the millions of dollars resulting from property damage and injury caused by intoxicated customers who purchased alchohol in your establishment.

These policies may differ significantly by insurance provider in terms of costs and coverage details. This is why you should consult the independent insurance professionals at American Insuring Group. We offer policies from competing insurance companies. We'll help you find the right restaurant insurance policy at the right price. 

Contact an American insuring Group agent at (800) 947-1270 or (610) 775-3848 to find more ways to protect your business with the right restaurant insurance.