A Tale of Two Domiciles

This month brought interesting news from two neighboring captive domiciles that portend two different paths in the years ahead.

In Tennessee, Governor Bill Haslam appointed Julie McPeak as the new commerce and insurance commissioner. This is big news for the self-insurance world because not only does McPeak understand alternative risk transfer, she has been an advocate for self-insureds and captives in her capacity as an attorney over the past few years.

Before that, she was the chief insurance regulator for the state of Kentucky and directly contributed to the captive insurance industry taking hold in that state.

Several months ago, then candidate Haslam approached Ms. McPeak to solicit her opinion on how the insurance industry could contribute to economic development in that state. She talked-up captives among other initiatives and apparently her input made a positive impression on the soon-to-be governor.

Tennessee can best be described today as a “dormant” captive domicile because it has a captive insurance statute, but no energy or resources have been committed by either the private or public sector to encourage captive formations in that state.

Ms. McPeak’s appointment has the real potential to change this. Work is already underway to update the state’s captive law to make it one of the most progressive and competitive in the country,

With a favorable law (assuming it can be passed through the Legislature) combined with a regulator who is willing to champion alternative risk transfer solutions, the key ingredients are in place to transform this domicile from dormancy to vibrancy.

Now let’s compare and contrast Tennessee with the nearby domicile South Carolina.

As most industry observers know, South Carolina has seen a reversal of fortune over the last several years as a captive insurance domicile. Its rapid growth and success in the early years has been stalled for some time, largely due to the state’s insurance department, which has increasingly been at odds with the captive insurance industry.

Industry leaders pleaded with newly-elected Governor Nikki Haley to appoint a new insurance commissioner who could restore the state’s status as one of the world’s premiere captive domiciles.

Interestingly, Ms. McPeak’s name had been floated last year as a possible candidate who could rescue captives in South Carolina, but it was obviously not to be.

Instead, Government Haley last week named David Black, CEO of Liberty Life Insurance Company to the post.

Now, Mr. Black does have solid business credentials but he is clearly not an altenative market guy, which means there will be a learning curve about captives at a minimum and no guarantee that he will be an advocate.

This latter point is important because it’s not good enough to be just luke warm about captives. The reason for this is that in order for any captive insurance domicile to grow the bureaucracy must be constantly tamed and that takes top-down leadership imposing a vision of true public-private partnership and demanding results.

The bureaucracy inside the South Carolina Department of Insurance is particularly challenging with regard to the captive application and review process, so the leadership demands are particularly acute.

We will soon see if Mr. Black is up to his challenge. Ms. McPeak is certainly up to hers.

This tale of these two domiciles will continue.

Legal Limits vs. Adequate Limits

Several auto insurance companies are doing a great deal of advertising about keeping you legal for less premium. What does that mean? All states including the District of Columbia, Puerto Rico and the Canadian provinces require you to carry Automobile Liability Insurance with certain minimum limits of coverage. In Ohio those limits are $12,500/person/$25,000/accident for Bodily Injury and $7,500 for Property Damage Liability. In Indiana and Kentucky the minimum limits are $25,000/50,000/10,000. In Wisconsin, for example, the minimum limits are $50,000/100,000/15,000. In some of the Canadian provinces the limit is $200,000. In short, if you carry the minimum required limits in a particular state or Canadian province, you are legally in compliance with that state or province's Financial Responsibility Laws.

But if you are legally in compliance, is that the same as adequate limits of liability protection? In our opinion, higher limits of protection are highly recommended to protect your assets, future earnings and driving privileges. For example, if you rear-end another party and cause serious bodily injury and/or property damage, your minimum limits Auto Policy might initially take care of the other person's medical bills, loss of income and pain and suffering and/or repair their car, but if it is not enough, the injured party could come after you for more. They could tie up your assets, you future earnings, your driver's license and car registration, etc. for long time. Even if you file bankruptcy they could still make it difficult for you to function while you are going through the process.

So what are adequate limits? Unfortunately there is no formula for determining this. With your home you can insure it for the replacement cost of the house using various estimation tools plus discussions with architects and contractors can help you determine the proper amount. There is no such simple formula to determine how much liability insurance to carry, but it is safe to say that Ohio's limits of $12,500/25,000/7,500 are not adequate even if they are legal in the event of a serious automobile accident. We would suggest limits of no less than $100,000/300,000/100,000 or $250,000/500,000/100,000 for your consideration. In addition, if you desire and need higher limits, buying a Personal Umbrella Liability Policy with limits of at least $1,000,000 or higher is highly recommended.

In Fey Insurance’s opinion, the minimum limits of protection imposed by states and the Canadian provinces are a start vs. no insurance at all, but they are not adequate to protect you in the event of a serious automobile accident.

2010 Discriminations Charges

The US Equal Employment Opportunity Commission (EEOC) recently released some very interesting data for the fiscal year of 2010. 99,922 workplace discrimination chargers were filed which set a new record. The types of claims that were filed where:

Retaliation Charges

Race-Related Charges

Sex Harassment

Disability

Age

National Origin

Religion

Equal Pay Act

Genetic Information Nondiscrimination Act

What is even scarier about this number for business owners is that Commercial General Liability (CGL) doesn’t cover these types of claims. Employment Related Practices claims are excluded under a business CGL. In order to have protection for these types of claims you must purchase Employment Related Practices Insurance. Be sure to talk with your insurance agent today about quoting this coverage for your business.

Do You Blog? Let Your Insurance Agent Know.

The Cincinnati Insurance Board in its January 2011 newsletter posted a great article about the risk that bloggers face. If you blog and or spend time writing in chat rooms on the internet you should contact your friendly Fey Insurance Services agent to discuss. Read why:

Blogging and the Possiblity of Lawsuits- CIB Jan 2011 Newsletter

A growing number of lawsuits are targeting individuals who blog or post allegedly libelous material on the Internet according to the International Risk Management Institute (IRMI). One report indicates a 216 percent increase in libel lawsuits against bloggers and online posters in the last few years.

These postings and blogs can result in nasty lawsuits. For example, earlier this year, a Florida man was sued for $15,000 over a negative remark he posted on eBay against the seller of a reportedly defective clock. A blogger in Georgia was sued for $2 million over his claims about the alleged misdeeds of a local government employee. Are these types of claims covered under a standard, unendorsed homeowners policy? What type of protection, if any, does the homeowners policy offer for these types of lawsuits?

The liability insuring agreement under nearly all homeowners policies pays for damages arising only from bodily injury or property damage, not from any type of personal injury, such as libel. In most cases, the only way that these claims might be covered is if the insured's homeowners policy includes a personal injury endorsement.

So it is a good idea to remind your clients who are active bloggers and online posters of the wisdom of procuring personal injury coverage and a personal umbrella policy (which typically provides even broader personal injury coverage). Clients should also be advised that if the blogging is related, say, to a home-based business, there will likely be no coverage under either of these options due to various business exclusions and restrictions. A home-based business endorsement is essential in these situations.

In addition, you should know that the Internet is not a law-free zone where anything and everything goes. There are ramifications to consider for those avid and active posters and bloggers, ramifications that can turn out to be painful and very expensive

Safe Travels this Holiday!

The Holidays are in full swing and with Christmas just a couple of days away; many have already started their Holiday travels. Being the insurance people that we are, here are a few tips for a safe and secure season of travel.

1) Make your home seem like someone is still there. You can do this several ways. Leave your front and back porch lights on so that at night your house is lit up. Ask a neighbor to collect your mail while you are gone so it doesn’t stack up. You can also ask the post office to hold if for you until you get back. Another way to make it look like you are home is to ask a neighbor to pull in and out of your driveway at some point if it snows giving the appearance that you have been in and out of your house.

2) Don’t show off to the Facebook world that you are on vacation. I know this can be tough for some but letting everyone know you are out of town on Facebook can be dangerous. We recommend waiting until you get home from your trip before you post vacation pictures.

3) Car travelers should be prepared for heavy snow at all times. The best way to do this is to make sure you have extra blankest, windshield washer fluid, ice scrapers and even a small shovel. You never know when you might need any of those things. Also, be sure to have your phone charged during the trip so that you have it in case of an emergency.

4) Don’t skimp on heat in your home: This time last year our big recommendation in our “Traveling Over the Holiday” blog article was to keep the heat in your house at a reasonable level so your pipes don’t freeze. Again, we recommend this.

Those are just a few simple tips. We here at Fey Insurance hope you have a wonderful Holiday and Merry Christmas!

Business Medical Payments

Your business liability policy covers you for claims due to your negligence. Medical payments coverage provides payment for bodily injury to third parties that occur on the premises you own or rent as a result of your operations regardless of negligence.

The rationale for this coverage is insurers believe an injured party is less likely to sue you if they receive prompt payment for their medical expenses. Medical payments coverage expedites payment to an injured party without their having to sue.

A relatively high medical payments limit chosen by you might reduce the chances of a minor claim escalating into a lengthy and expensive claims process.

For claims that might be larger than your chosen medical payments limit, the liability portion of your policy would apply if it were determined that you were negligent. Regardless of your fault the commercial liability policy will provide a defense if you are sued by a third party, even if the claim is groundless.

Auto Insurance Basics

States have laws requiring drivers to carry auto insurance, sometimes referred to as financial responsibility laws. There are a number of ways a driver can show his ability to pay for injuries and damages. By a wide margin, auto insurance is the most common form of financial responsibility compliances and is the most frequently purchased form of insurance.

The two basic components of auto insurance coverage are liability and physical damage coverages. Liability coverage will pay for your negligence resulting in bodily injury and or property damage. Claims for bodily injury could include claims for medical expenses, lost wages, consequential damages including pain and suffering. Property damage coverage pays for the damage you may do to the property of others. Liability coverage includes the cost of defending yourself against liability claims. A companion coverage that is of great value is uninsured motorist coverage. This coverage protects you if you are injured by an uninsured driver.

Physical damage coverage can provide collision and or comprehensive coverage. Collision coverage provides payment for damage to your automobile as the result of a collision with an object. Comprehensive coverage pays for the damage to your auto by causes other than collision. Collision and comprehensive coverages are optional and not required by law. If you have a lien on the automobile, the lender will require you carry these coverages.