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February 10, 2016 By Insurance News Editor Leave a Comment

The FBI on Cyber Crime

Workers_BusinessPeopleAndLaptop

The FBI is the lead federal agency for investigating cyber attacks by criminals, overseas adversaries, and terrorists. The threat is incredibly serious—and growing. Cyber intrusions are becoming more commonplace, more dangerous, and more sophisticated. Our nation’s critical infrastructure, including both private and public sector networks, are targeted by adversaries. American companies are targeted for trade secrets and other sensitive corporate data, and universities for their cutting-edge research and development. Citizens are targeted by fraudsters and identity thieves, and children are targeted by online predators. Just as the FBI transformed itself to better address the terrorist threat after the 9/11 attacks, it is undertaking a similar transformation to address the pervasive and evolving cyber threat. This means enhancing the Cyber Division’s investigative capacity to sharpen its focus on intrusions into government and private computer networks.

Key Priorities

Computer and Network Intrusions

The collective impact is staggering. Billions of dollars are lost every year repairing systems hit by such attacks. Some take down vital systems, disrupting and sometimes disabling the work of hospitals, banks, and 9-1-1 services around the country.

Who is behind such attacks? It runs the gamut—from computer geeks looking for bragging rights…to businesses trying to gain an upper hand in the marketplace by hacking competitor websites, from rings of criminals wanting to steal your personal information and sell it on black markets…to spies and terrorists looking to rob our nation of vital information or launch cyber strikes.

Today, these computer intrusion cases—counterterrorism, counterintelligence, and criminal—are the paramount priorities of our cyber program because of their potential relationship to national security.

Combating the threat. In recent years, we’ve built a whole new set of technological and investigative capabilities and partnerships—so we’re as comfortable chasing outlaws in cyberspace as we are down back alleys and across continents. That includes:

  • A Cyber Division at FBI Headquarters “to address cyber crime in a coordinated and cohesive manner”;
  • Specially trained cyber squads at FBI headquarters and in each of our 56 field offices, staffed with “agents and analysts who protect against investigate computer intrusions, theft of intellectual property and personal information, child pornography and exploitation, and online fraud”;
  • New Cyber Action Teams that “travel around the world on a moment’s notice to assist in computer intrusion cases” and that “gather vital intelligence that helps us identify the cyber crimes that are most dangerous to our national security and to our economy;”
  • Our 93 Computer Crimes Task Forces nationwide that “combine state-of-the-art technology and the resources of our federal, state, and local counterparts”;
  • A growing partnership with other federal agencies, including the Department of Defense, the Department of Homeland Security, and others—which share similar concerns and resolve in combating cyber crime.

Ransomware

Hospitals, school districts, state and local governments, law enforcement agencies, small businesses, large businesses—these are just some of the entities impacted by ransomware, an insidious type of malware that encrypts, or locks, valuable digital files and demands a ransom to release them.

The inability to access the important data these kinds of organizations keep can be catastrophic in terms of the loss of sensitive or proprietary information, the disruption to regular operations, financial losses incurred to restore systems and files, and the potential harm to an organization’s reputation. Home computers are just as susceptible to ransomware and the loss of access to personal and often irreplaceable items— including family photos, videos, and other data—can be devastating for individuals as well.

In a ransomware attack, victims—upon seeing an e-mail addressed to them—will open it and may click on an attachment that appears legitimate, like an invoice or an electronic fax, but which actually contains the malicious ransomware code. Or the e-mail might contain a legitimate-looking URL, but when a victim clicks on it, they are directed to a website that infects their computer with malicious software.

One the infection is present, the malware begins encrypting files and folders on local drives, any attached drives, backup drives, and potentially other computers on the same network that the victim computer is attached to. Users and organizations are generally not aware they have been infected until they can no longer access their data or until they begin to see computer messages advising them of the attack and demands for a ransom payment in exchange for a decryption key. These messages include instructions on how to pay the ransom, usually with bitcoins because of the anonymity this virtual currency provides.

Ransomware attacks are not only proliferating, they’re becoming more sophisticated. Several years ago, ransomware was normally delivered through spam e-mails, but because e-mail systems got better at filtering out spam, cyber criminals turned to spear phishing e-mails targeting specific individuals. And in newer instances of ransomware, some cyber criminals aren’t using e-mails at all—they can bypass the need for an individual to click on a link by seeding legitimate websites with malicious code, taking advantage of unpatched software on end-user computers.

The FBI doesn’t support paying a ransom in response to a ransomware attack. Paying a ransom doesn’t guarantee an organization that it will get its data back—there have been cases where organizations never got a decryption key after having paid the ransom. Paying a ransom not only emboldens current cyber criminals to target more organizations, it also offers an incentive for other criminals to get involved in this type of illegal activity. And by paying a ransom, an organization might inadvertently be funding other illicit activity associated with criminals.

So what does the FBI recommend? As ransomware techniques and malware continue to evolve—and because it’s difficult to detect a ransomware compromise before it’s too late—organizations in particular should focus on two main areas:

  • Prevention efforts—both in both in terms of awareness training for employees and robust technical prevention controls; and
  • The creation of a solid business continuity plan in the event of a ransomware attack.

Here are some tips for dealing with ransomware (primarily aimed at organizations and their employees, but some are also applicable to individual users):

  • Make sure employees are aware of ransomware and of their critical roles in protecting the organization’s data.
  • Patch operating system, software, and firmware on digital devices (which may be made easier through a centralized patch management system).
  • Ensure antivirus and anti-malware solutions are set to automatically update and conduct regular scans.
  • Manage the use of privileged accounts—no users should be assigned administrative access unless absolutely needed, and only use administrator accounts when necessary.
  • Configure access controls, including file, directory, and network share permissions appropriately. If users only need read specific information, they don’t need write-access to those files or directories.
  • Disable macro scripts from office files transmitted over e-mail.
  • Implement software restriction policies or other controls to prevent programs from executing from common ransomware locations (e.g., temporary folders supporting popular Internet browsers, compression/decompression programs).
  • Back up data regularly and verify the integrity of those backups regularly.
  • Secure your backups. Make sure they aren’t connected to the computers and networks they are backing up.

Related Priorities

Going Dark

Law enforcement at all levels has the legal authority to intercept and access communications and information pursuant to court orders, but often lacks the technical ability to carry out those orders because of a fundamental shift in communications services and technologies. This scenario is often called “Going Dark” and can hinder access to valuable information that may help identity and save victims, reveal evidence to convict perpetrators, or exonerate the innocent.

Read more about the FBI’s response to the Going Dark problem.

Identity Theft

Identity theft—increasingly being facilitated by the Internet—occurs when someone unlawfully obtains another’s personal information and uses it to commit theft or fraud. The FBI uses both its cyber and criminal resources—along with its intelligence capabilities—to identify and stop crime groups in their early stages and to root out the many types of perpetrators, which span the Bureau’s investigative priorities.

More on the FBI’s efforts to combat identity theft.

Online Predators

The FBI’s online predators and child sexual exploitation investigations are managed under our Violent Crimes Against Children Program, Criminal Investigative Division. These investigations involve all areas of the Internet and online services, including social networking venues, websites that post child pornography, Internet news groups, Internet Relay Chat channels, online groups and organizations, peer-to-peer file-sharing programs, bulletin board systems, and other online forums.

Initiatives and Partnerships

The Internet Crime Complaint Center

The mission of the Internet Crime Complaint Center (IC3) is to provide the public with a reliable and convenient reporting mechanism to submit information to the FBI concerning suspected Internet-facilitated fraud schemes and to develop effective alliances with law enforcement and industry partners. Information is analyzed and disseminated for investigative and intelligence purposes to law enforcement and for public awareness.

Visit the IC3’s website for more information, including IC3 annual reports.

Cyber Action Team

It can be a company’s worst nightmare—the discovery that hackers have infiltrated their computer networks and made off with trade secrets, customers’ personal information, and other critical data. Today’s hackers have become so sophisticated that they can overcome even the best network security measures. When such intrusions happen—and unfortunately, they occur frequently—the FBI can respond with a range of investigative assets, including the little-known Cyber Action Team (CAT). This rapid deployment group of cyber experts can be on the scene just about anywhere in the world within 48 hours, providing investigative support and helping to answer critical questions that can quickly move a case forward.

Established by the FBI’s Cyber Division in 2006 to provide rapid incident response on major computer intrusions and cyber-related emergencies, the team has approximately 50 members located in field offices around the country. They are either special agents or computer scientists, and all possess advanced training in computer languages, forensic investigations, and malware analysis. And since the team’s inception, the Bureau has investigated hundreds of cyber crimes, and a number of those cases were deemed of such significance that the rapid response and specialized skills of the Cyber Action Team were required. Some of those cases affected U.S. interests abroad, and the team deployed overseas, working through our legal attaché offices and with our international partners.

Members of the team make an initial assessment, and then call in additional experts as needed. Using cutting-edge tools, the team look’s for a hacker’s signature. In the cyber world, such signatures are called TTPs—tools, techniques, and procedures. The TTPs usually point to a specific group or person. The hackers may represent a criminal enterprise looking for financial gain or state-sponsored entities seeking a strategic advantage over the U.S.

National Cyber Forensics & Training Alliance

Long before cyber crime was acknowledged to be a significant criminal and national security threat, the FBI supported the establishment of a forward-looking organization to proactively address the issue. Called the National Cyber-Forensics & Training Alliance (NCFTA), this organization—created in 1997 and based in Pittsburgh—has become an international model for bringing together law enforcement, private industry, and academia to build and share resources, strategic information, and threat intelligence to identify and stop emerging cyber threats and mitigate existing ones.

Since its establishment, the NCFTA has evolved to keep up with the ever-changing cyber crime landscape. Today, the organization deals with threats from transnational criminal groups including spam, botnets, stock manipulation schemes, intellectual property theft, pharmaceutical fraud, telecommunications scams, and other financial fraud schemes that result in billions of dollars in losses to companies and consumers.

The FBI Cyber Division’s Cyber Initiative and Resource Fusion Unit (CIRFU) works with the NCFTA, which draws its intelligence from the hundreds of private sector NCFTA members, NCFTA intelligence analysts, Carnegie Mellon University’s Computer Emergency Response Team (CERT), and the FBI’s Internet Crime Complaint Center. This extensive knowledge base has helped CIRFU play a key strategic role in some of the FBI’s most significant cyber cases in the past several years.

Violent Crimes Against Children/Online Predators

Even with its post-9/11 national security responsibilities, the FBI continues to play a key role in combating violent crime in big cities and local communities across the United States…

Because of the global reach of cyber crime, no single organization, agency, or country can defend against it. Vital partnerships like the NCFTA are key to protecting cyberspace and ensuring a safer cyber future for our citizens and countries around the world.

For more information visit the National Cyber-Forensics & Training Alliance website.

iGuardian

With cyber threats continuing to emerge at the forefront of the FBI’s criminal and national security challenges, engaging public-private partners in information exchange alongside law enforcement and intelligence communities…

National Cyber Investigative Joint Task Force

As a unique multi-agency cyber center, the National Cyber Investigative Joint Task Force (NCIJTF) has the primary responsibility…

Cyber Task Forces: Building Alliances to Improve the Nation’s Cybersecurity

Each Cyber Task Force synchronizes domestic cyber threat investigations in the local community through information sharing, incident response…

eGuardian

In 2007, eGuardian was developed to help meet the challenges of collecting and sharing terrorism-related activities amongst law enforcement agencies across various jurisdictions. The eGuardian system is a sensitive but…

Protections

How to Protect Your Computer

Below are some key steps to protecting your computer from intrusion:

Keep Your Firewall Turned On: A firewall helps protect your computer from hackers who might try to gain access to crash it, delete information, or even steal passwords or other sensitive information. Software firewalls are widely recommended for single computers. The software is prepackaged on some operating systems or can be purchased for individual computers. For multiple networked computers, hardware routers typically provide firewall protection.

Install or Update Your Antivirus Software: Antivirus software is designed to prevent malicious software programs from embedding on your computer. If it detects malicious code, like a virus or a worm, it works to disarm or remove it. Viruses can infect computers without users’ knowledge. Most types of antivirus software can be set up to update automatically.

Install or Update Your Antispyware Technology: Spyware is just what it sounds like—software that is surreptitiously installed on your computer to let others peer into your activities on the computer. Some spyware collects information about you without your consent or produces unwanted pop-up ads on your web browser. Some operating systems offer free spyware protection, and inexpensive software is readily available for download on the Internet or at your local computer store. Be wary of ads on the Internet offering downloadable antispyware—in some cases these products may be fake and may actually contain spyware or other malicious code. It’s like buying groceries—shop where you trust.

Keep Your Operating System Up to Date: Computer operating systems are periodically updated to stay in tune with technology requirements and to fix security holes. Be sure to install the updates to ensure your computer has the latest protection.

Be Careful What You Download: Carelessly downloading e-mail attachments can circumvent even the most vigilant anti-virus software. Never open an e-mail attachment from someone you don’t know, and be wary of forwarded attachments from people you do know. They may have unwittingly advanced malicious code.

Turn Off Your Computer: With the growth of high-speed Internet connections, many opt to leave their computers on and ready for action. The downside is that being “always on” renders computers more susceptible. Beyond firewall protection, which is designed to fend off unwanted attacks, turning the computer off effectively severs an attacker’s connection—be it spyware or a botnet that employs your computer’s resources to reach out to other unwitting users.

Safe Online Surfing

The FBI Safe Online Surfing (FBI-SOS) program is a nationwide initiative designed to educate children in grades 3 to 8 about the dangers they face on the Internet and to help prevent crimes against children.

It promotes cyber citizenship among students by engaging them in a fun, age-appropriate, competitive online program where they learn how to safely and responsibly use the Internet.

The program emphasizes the importance of cyber safety topics such as password security, smart surfing habits, and the safeguarding of personal information.

For more information, visit the Safe Online Surfing website.

External Links & Resources

  • InfraGard: Protecting Infrastructure
  • National Cyber Awareness System
  • National Cyber-Forensics & Training Alliance
  • DOJ Computer Crime & Intellectual Property Section
  • Secret Service Electronic Crimes Task Forces
  • Stop.Think.Connect Campaign

 

Source: U.S. Department of Justice, “Cyber Crime” https://www.fbi.gov/ website. Accessed January 25, 2016. https://www.fbi.gov/about-us/investigate/cyber

© Copyright 2017. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

Filed Under: Business, Cyber/Digital, Identity Theft, Theme 140, Theme 141

February 5, 2016 By Insurance News Editor Leave a Comment

Recovering from Identity Theft

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Recovering from Identity Theft

Is someone using your personal information to open accounts, file taxes, or make purchases?

Visit IdentityTheft.gov, the federal government’s one-stop resource to help you report and recover from identity theft.

Data Breach? Lost Info?

Did you get a notice that says a company lost your personal information in a data breach? Did you lose your wallet? Or learn that an online account was hacked? Here are steps you can take to help protect yourself from identity theft.

Protecting Your Identity

What can you do to keep your personal info secure? Are identity protection services worth the cost? What about credit freezes? Check out the FTC’s identity theft articles to find out.

Free Resources for Your Community

You can help people learn about identity theft — whether you’re chatting with friends and family, sharing info on a social networking site, or taking resources to a religious group or PTA meeting. It’s easy to use and share these free resources from the FTC.

  • Free Identity Theft Resources
    Free booklets — in English and Spanish — can help people in your community protect their identity and recover if an identity thief strikes.
  • IdentityTheft.gov Presentation
    Use this PowerPoint to show how IdentityTheft.gov makes it easier to report and recover from identity theft.
  • IdentityTheft.gov Video

For Law Enforcement

Local police can help identity theft victims by:

  • helping them file a police report
  • sharing free identity theft resources from the FTC

Credit bureaus and other businesses often require that identity theft victims provide a police report to remove fraudulent debts. Please share our memo to law enforcement with fellow officers so they understand how they can help.

For Attorneys and Advocates

The FTC’s Guide for Assisting Identity Theft Victims is designed to assist attorneys who counsel identity theft victims. The guide highlights the rights and remedies available to identity theft victims under federal law, and provides other useful resources, like sample letters.

For Businesses

Many companies keep sensitive information about customers or employees in their files or on their network. The FTC has free data security resources — including free publications, videos, and tutorials — to help businesses of any size protect their customers and meet their legal obligations.

 

Source: The Federal Trade Commission, “Recovery From Identify Theft” http://www.iii.org/ website. Accessed January 25, 2017. http://www.consumer.ftc.gov/features/feature-0014-identity-theft

© Copyright 2017. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

Filed Under: Business, Cyber/Digital, Identity Theft, Theme 140

February 5, 2016 By Insurance News Editor Leave a Comment

Identity Theft and Cybercrime

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THE SCOPE OF IDENTITY THEFT

The 2016 Identity Fraud Study, released by Javelin Strategy & Research, found that $15 billion was stolen from 13.1 million U.S. consumers in 2015, compared with $16 billion and 12.7 million victims a year earlier. In the past six years identity thieves have stolen $112 billion.

Following the introduction of microchip equipped credit cards in 2015 in the United States, which make the cards difficult to counterfeit, criminals focused on new account fraud. This type of fraud more than doubled and now accounts for 20 percent of all fraud losses. New account fraud occurs when a thief opens a credit card or other financial account using a victim’s name and other stolen personal information.

IDENTITY THEFT AND FRAUD COMPLAINTS

The Consumer Sentinel Network, maintained by the Federal Trade Commission (FTC), tracks consumer fraud and identity theft complaints that have been filed with federal, state and local law enforcement agencies and private organizations. Of the 3.1 million complaints received in 2015, 16 percent were related to identity theft.  Identity theft complaints increased by more than 47 percent from 2014, they were the second most reported after illegal debt collection. The FTC identifies 30 types of complaints. In 2015 debt collection complaints displaced identity theft in the top spot among complaint categories for the first time in 16 years, due in large part to a surge in complaints related to unwanted debt collection mobile phone calls.

Identity Theft And Fraud Complaints, 2012-2015 (1)

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(1) Percentages are based on the total number of Consumer Sentinel Network complaints by calendar year. These figures exclude “Do Not Call” registry complaints.

Source: Federal Trade Commission, Consumer Sentinel Network.

View Archived Graphs

How Victims’ Information Is Misused, 2015 (1)

Type of identity theft fraud Percent
Government documents or benefits fraud 49.2%
Credit card fraud 15.8
Phone or utilities fraud 9.9
Bank fraud (2) 5.9
Attempted identity theft 3.7
Loan fraud 3.5
Employment-related fraud 3.3
Other identity theft 19.2

(1) Percentages are based on the total number of complaints in the Federal Trade Commission’s Consumer Sentinel Network (490,220 in 2015). Percentages total to more than 100 because some victims reported experiencing more than one type of identity theft.
(2) Includes fraud involving checking, savings, and other deposit accounts and electronic fund transfers.

Source: Federal Trade Commission, Consumer Sentinel Network.

View Archived Tables

Identity Theft By State, 2015

State Complaints per
100,000 population (1)
Number of
complaints
Rank (2) State Complaints per
100,000 population (1)
Number of
complaints
Rank (2)
Alabama 102.3 4,973 30 Montana 87.2 901 43
Alaska 94.3 696 40 Nebraska 100.5 1,905 34
Arizona 133.8 9,136 14 Nevada 125 3,613 19
Arkansas 97.7 2,911 37 New Hampshire 142 1,890 9
California 141.3 55,305 10 New Jersey 125.8 11,266 17
Colorado 123.2 6,724 21 New Mexico 101.1 2,109 33
Connecticut 225 8,078 2 New York 122 24,157 23
Delaware 124.9 1,181 20 North Carolina 106 10,646 29
Florida 217.4 44,063 3 North Dakota 76 575 48
Georgia 149.1 15,230 7 Ohio 134.4 15,611 12
Hawaii 62.6 896 50 Oklahoma 120 4,695 24
Idaho 101.3 1,676 32 Oregon 126.1 5,081 15
Illinois 158.7 20,414 5 Pennsylvania 116.2 14,877 25
Indiana 93.9 6,217 41 Rhode Island 141.2 1,491 11
Iowa 89.7 2,803 42 South Carolina 102.3 5,010 30
Kansas 112.7 3,282 27 South Dakota 63.1 542 49
Kentucky 80.9 3,581 46 Tennessee 107.9 7,121 28
Louisiana 94.4 4,410 39 Texas 144.3 39,630 8
Maine 113.9 1,514 26 Utah 85.7 2,567 44
Maryland 183.2 11,006 4 Vermont 83.9 525 45
Massachusetts 125.5 8,530 18 Virginia 123.2 10,329 21
Michigan 158.1 15,684 6 Washington 126.1 9,043 15
Minnesota 97.8 5,368 36 West Virginia 79.9 1,474 47
Mississippi 98.8 2,955 35 Wisconsin 134.4 7,756 12
Missouri 364.3 22,164 1 Wyoming 96.6 566 38

(1) Population figures are based on the 2015 U.S. Census population estimates.
(2) Ranked by complaints per 100,000 population. The District of Columbia had 228.0 complaints per 100,000 population and 1,533 victims. States with the same ratio of complaints per 100,000 population receive the same rank.

Source: Federal Trade Commission, Consumer Sentinel Network.

View Archived Tables

See also the Identity Theft section of our Web site Click Here

CYBERCRIME

As businesses increasingly depend on electronic data and computer networks to conduct their daily operations, growing pools of personal and financial information are being transferred and stored online. This can leave individuals exposed to privacy violations, and financial institutions and other businesses exposed to potentially enormous liability if and when a breach in data security occurs.

Interest in cyber insurance and risk continues to grow as a result of high-profile data breaches and awareness of the almost endless range of exposure businesses face. A 2016 data leak, called the Panama Papers in the media, exposed millions of documents from the electronic files of Panamanian law firm Mossack Fonseka. In 2015, two health insurers, Anthem and Premera Blue Cross, were breached, exposing the data of 79 million and 11 million customers, respectively. The U.S. government has also been the target of hackers. Recent breaches at the Federal Deposit Insurance Corp. and the Internal Revenue Service follow multiple breaches in May 2015 of the Office of Personnel Management and the Department of the Interior where the records of 22 million current and former U.S. government employees were compromised.

Cyberattacks and breaches have grown in frequency, and losses are on the rise. In 2014 the number of U.S. data breaches hit a record 783, with 85.6 million records exposed, not counting Yahoo’s 2014 breach, announced in September 2016, which affected over 500 million users and was suspected of being a state-sponsored attack. The number of breaches in 2015 was about the same at 781, but the number of records exposed doubled to about 169 million. The majority of the data breaches in 2015 affected medical/healthcare organizations (66.7 percent of total breaches) and government/military (20.2 percent), according to the Identity Theft Resource Center. These figures do not include the many attacks that go unreported. In addition, many attacks go undetected. Despite conflicting analyses, the costs associated with these losses are increasing. McAfee and the Center for Strategic and International Studies (CSIS) estimated the likely annual cost to the global economy from cybercrime is $445 billion a year, with a range of between $375 billion and $575 billion.

The costs of cybercrime are growing. An annual study of U.S. companies by the Ponemon Institute cites estimated average costs at $15 million in 2015, up 21 percent from $12.7 million in 2014. These costs ranged among the 58 organizations surveyed from a low of $1.9 million to a high of $65 each year per company. Cyber insurance evolved as a product in the United States in the mid- to late-1990s as insurers have had to expand coverage for a risk that is rapidly shifting in scope and nature. More than 60 carriers offer stand-alone policies in a market encompassing $2.75 billion in gross written premiums in 2015. By mid-2016 gross premiums written was estimated at $3.25 billion.

Number Of Data Breaches And Records Exposed, 2006-2016

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(1) As of September 27, 2016.

Source: Identity Theft Resource Center.

View Archived Graphs

Cybercrime Complaints, 2011-2015 (1)

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(1) Based on complaints submitted to the Internet Crime Complaint Center.

Source: Internet Crime Complaint Center.

View Archived Graphs

Top 10 States By Percent of Total U.S. Cybercrime Victims, 2015

Rank State Percent
1 California 14.53%
2 Florida 8.47
3 Texas 7.67
4 New York 6.30
5 Illinois 3.51
6 Pennsylvania 3.31
7 Virginia 3.14
8 New Jersey 3.01
9 Washington 2.72
10 Ohio 2.69

(1) Based on the total number of complaints submitted to the Internet Crime Complaint Center via its website from each state and the District of Columbia where the complainant provided state information.

Source: Internet Crime Complaint Center.

 

 

Source: Insurance Information Institute, “Identify Theft and Cybercrime” http://www.iii.org/ website. Accessed January 26, 2017. http://www.iii.org/fact-statistic/identity-theft-and-cybercrime

© Copyright 2017. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

Filed Under: Business, Cyber/Digital, Identity Theft, Theme 140

February 5, 2016 By Insurance News Editor Leave a Comment

IN: Protection Against Identity Theft & Cybercrime

Dear Valued Customer,

Did you get a notice that says a company lost your personal information in a data breach? What can you do to keep your personal info secure? Are identity protection services worth the cost? These questions and many more are answered in this issue of the “——————–.”

While we continue to build our lives around wired and wireless networks, one new new identity fraud victim happens every two seconds. As a consumer, someone using your personal information to open accounts, file taxes, or make purchases, can potentially ruin you. As a business, you can be exposed to potentially enormous liability, if and when a breach in data security occurs. Please connect with us to discuss cyber insurance before it is too late.

We appreciate your continued business and look forward to serving you.

Kind regards,

Filed Under: Business, Cyber/Digital, Identity Theft, Theme 140

February 5, 2016 By Insurance News Editor Leave a Comment

Litigiousness

Health-Wellness_People_LadySickWithFever

ASBESTOS-RELATED ILLNESS

Exposure to asbestos can cause lung cancer and other respiratory diseases. The first asbestos-related lawsuit was filed in 1966. A large number of workers who may have physical signs of exposure but not a debilitating disease are filing claims now out of concern that if they later develop an illness, the company responsible may be bankrupt, due to other asbestos claims. It can take as long as 40 years after exposure for someone to be diagnosed with an asbestos-related illness. In December 2012 A.M. Best increased its estimate of ultimate insurance industry asbestos losses from $75 billion in 2011 to $85 billion. A.M. Best attributes the jump to a spate of court rulings that increased insurance coverage for claimants, and a rise in claims related to mesothelioma, a fatal type of cancer identified with exposure to asbestos. In Congress a bill, Furthering Asbestos Claim Transparency, was introduced in March 2013. The bill would require asbestos trusts, set up by companies to deal with asbestos claims to file detailed quarterly reports on claims and their resolution with the Executive Office of U.S. Trustees. (See Insurance Issues Updates: Asbestos Liability).

Estimated Asbestos Losses, 2006-2015 (1)

($ billions)

Losses
Year Beginning reserve Incurred (2) Paid Ending reserve (3)
2006 $25.2 $1.7 $2.6 $24.1
2007 23.2 2.5 2.5 23.5
2008 23.5 1.1 3.7 20.5
2009 20.6 1.9 2.0 20.4
2010 20.5 2.4 2.3 20.6
2011 20.6 1.8 1.8 20.6
2012 20.4 1.9 2.0 20.3
2013 20.4 2.0 2.1 20.3
2014 20.3 1.5 2.4 19.4
2015 19.4 1.7 2.8 18.3

(1) All amounts are net of reinsurance recoveries.
(2) Incurred losses are losses related to events that have occurred, regardless of whether or not the claims have been paid, net of reinsurance. Includes loss adjustment expenses.
(3) Because of changes in the population of insurers reporting data each year, the beginning reserve may not equal the ending reserve of the prior year.

Source: NAIC data, sourced from S&P Global Market Intelligence, Insurance Information Institute.

View Archived Tables

INSURERS’ LEGAL DEFENSE COSTS

Lawsuits against businesses affect the cost of insurance and the products and services of the industries sued. Travelers Insurance 2015 Business Risk Index showed that legal liability was the fourth-highest rated worry for business leaders in the United States, down from No. 3 a year earlier. Of 1,210 business leaders surveyed, 56 percent indicated they worry about it somewhat or a great deal.

Businesses address their liability concerns through many types of risk management, of which insurance is an important component. A Swiss Re study indicated that the United States in 2013 had the largest commercial liability insurance market in the world both in premium volume ($84 billion) and as a percentage of Gross Domestic Product (0.50 percent). More than half of all global liability premiums were written in the United States.

Top 10 Largest World Commercial Liability Markets, 2014

(US$ billions)

Direct premiums written Liability as a percentage of
Rank Country Liability Total nonlife GDP (1) Total nonlife GDP (1)
1 United States $86.6 $539.3 $16,805.4 16.1% 0.52%
2 United Kingdom 10.6 101.0 2,713.9 10.5 0.39
3 Germany 8.6 92.9 3,751.9 9.2 0.23
4 France 6.7 83.3 2,812.5 8.1 0.24
5 Japan 6.3 85.5 4,913.0 7.3 0.13
6 Canada 5.0 50.6 1,831.0 9.9 0.27
7 Italy 5.0 46.3 2,133.5 10.8 0.23
8 Australia 4.9 32.7 1,501.0 14.9 0.33
9 China 4.2 105.5 9,603.2 3.9 0.04
10 Spain 2.1 31.2 1,369.5 6.9 0.16
Total, countries shown $140.0 $1,170.0 $47,400.0 12.0% 0.30%
Total, all countries $165.0 $1,600.0 $77,400.0 10.3% 0.21%

(1) Gross domestic product.

Source: Swiss Re.

View Archived Tables

Insurers are required to defend their policyholders against lawsuits. The costs of settling a claim are reported on insurers’ financial statements as defense and cost containment expenses incurred. These expenses include defense, litigation and medical cost containment. Expenditures for surveillance, litigation management and fees for appraisers, private investigators, hearing representatives and fraud investigators are included. In addition, attorney legal fees may be incurred owing to a duty to defend, even when coverage does not exist, because attorneys must be hired to issue opinions about coverage. Insurers’ defense costs as a percentage of incurred losses are relatively high in some lines such as products liability and medical malpractice, reflecting the high cost of defending certain types of lawsuits, such as medical injury cases and class actions against pharmaceutical companies. For example, in addition to $1.2 billion in products liability incurred losses in 2014, insurers spent $953 million on settlement expenses, equivalent to 77.4 percent of the losses.

Defense Costs And Cost Containment Expenses As A Percent Of Incurred Losses, 2013-2015 (1)

($000)

2013 2014 2015
Amount As a percent
of incurred losses
Amount As a percent
of incurred losses
Amount As a percent
of incurred losses
Product liability $1,166,236 75.1% $952,997 77.4% $1,037,576 70.5%
Medical malpractice 1,656,257 53.3 1,873,835 43.2 1,871,109 53.8
Commercial multiple peril (2) 2,096,543 37.7 2,083,103 39.1 1,977,804 34.7
Other liability 4,914,500 25.4 4,366,030 21.1 4,786,370 19.9
Workers compensation 3,035,186 12.3 3,357,813 12.9 3,305,927 13.7
Commercial auto liability 1,207,682 10.7 1,266,051 10.6 1,541,787 11.4
Private passenger auto liability 4,600,395 6.8 4,714,942 6.5 4,923,908 6.2
All liability lines $18,676,799 14.0% $18,614,771 13.1% $19,444,481 12.8%

(1) Net of reinsurance, excluding state funds.
(2) Liability portion only.

Source: NAIC data, sourced from S&P Global Market Intelligence, Insurance Information Institute.

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Median And Average Personal Injury Jury Awards By Type Of Liability, 2014

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(1) Represents the midpoint jury award. Half of the awards are above the median and half are below.

Source: Reprinted with permission of Thomson Reuters, Current Award Trends in Personal Injury, 55th edition.

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PERSONAL INJURY AWARDS

Most lawsuits are settled out of court. Of those that are tried and proceed to verdict, Jury Verdict Research data show that in 2014 (latest data available) the median (or midpoint) award in personal injury cases was $75,000, up from $70,000 in 2013. The average award also rose in 2014 and was $1,055,480 compared with $1,010,069 in 2013. Thomson Reuters notes that average awards can be skewed by a few very high awards and that medians are more representative. In cases of product liability the highest median award was in industrial/construction products cases ($2,541,000). In disputes concerning medical malpractice the highest median award was in childbirth cases ($2,160,420). In cases involving business negligence the highest median award was against manufacturing industries ($743,000).

Awards of $1 million or more accounted for 18 percent of all personal injury awards in 2013 and 2014, up from 17 percent in the prior two-year period. In 2013 and 2014, 76 percent of product liability awards and 51 percent of medical malpractice awards amounted to $1 million or more, the highest proportion of awards. Vehicular liability, and premises and personal negligence liability cases had the lowest proportion of awards of $1 million or more, at 8 percent and 11 percent, respectively.

Trends In Personal Injury Lawsuits, 2008-2014 (1)

Year Award median Probability range (2) Award range Award mean
2008 $40,000 $10,000 – $225,780 $1 – $188,000,000 $836,978
2009 40,000 9,887 – 207,828 1 – 77,418,670 750,392
2010 39,216 10,000 – 200,000 1 – 71,000,000 653,898
2011 60,924 12,249 – 343,958 1 – 58,619,989 782,912
2012 75,000 19,100 – 356,481 1 – 155,237,000 1,097,759
2013 70,000 16,000 – 300,000 1 – 165,972,503 1,010,069
2014 75,000 16,412 – 400,000 1 – 172,061,728 1,055,480
Overall, 2008-2014 $50,000 $11,303 – $268,402 $1 – $188,000,000 $857,730

(1) Excludes punitive damages.
(2) Twenty-five percent above and below the median award. The median represents the midpoint jury award. Half of the awards are above the median and half are below. This helps establish where awards tend to cluster.

Source: Reprinted with permission of Thomson Reuters, Current Award Trends in Personal Injury, 55th edition.

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AVERAGE PERSONAL INJURY JURY AWARDS, 2009-2013

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Source: Reprinted with permission of Thomson Reuters, Current Award Trends in Personal Injury, 54th edition.

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CASUALTY COST OF RISK PER $1,000 OF REVENUE, 2006-2007

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Source: Marsh Inc.

  • The casualty cost of risk per $1,000 of revenues dropped by 6 percent from $1.88 in 2006 to $1.77 in 2007 for companies surveyed by Marsh in both years. The overall drop was 23 percent in 2007, taking into account new and repeat participants.

DIRECTORS AND OFFICERS LIABILITY INSURANCE

Directors and officers liability insurance (D&O) covers directors and officers of a company for negligent acts or omissions and for misleading statements that result in suits against the company. There are various forms of D&O coverage. Corporate reimbursement coverage indemnifies directors and officers of the organization. Side-A coverage provides D&O coverage for personal liability when directors and officers are not indemnified by the firm. Entity coverage for claims made specifically against the company is also available. D&O policies may be broadened to include coverage for employment practices liability (EPL). EPL coverage may also be purchased as a stand-alone policy.

Sixty-four percent of corporations purchased D&O coverage in 2014 according to the Cost of Risk survey from the Risk and Insurance Management Society, based on a survey of 1,457 corporations. Banks were the most likely to purchase D&O coverage, with 87 percent of industry respondents purchasing the coverage, followed by 85 percent of respondents in telecommunication services. JLT Specialty’s 2015 U.S. Directors and Officers Liability Survey of 157 U.S. organizations that purchase D&O liability insurance found that the group’s average D&O limits that were purchased was $131 million and the median limit purchased was $105 million. For public companies the average limit was $170 million. For private companies the average was $98 million. Twenty-four percent of public companies and 17 percent of private companies increased their D&O limits from their previous purchase. According to the 2014 survey 31 percent of respondents reported having had a claim in the past five years, with nonprofits reporting the highest proportion of claims (58 percent).

Types Of Directors And Officers Liability Claims By Ownership, 2011-2014 (1)

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(1) Based on participants in the survey that reported one or more claims over the five-year period.

Source: JLT Specialty 2015 U.S. Directors and Officers Liability Survey.

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  • The percentage of respondents reporting derivative shareholder/investor lawsuits, the most widespread claim, dropped from 39 percent in 2013 to 35 percent in 2014.

Directors And Officers Liability Claims By Type Of Claimant In The United States, 2011-2014 (1)

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(1) Based on participants in the survey that reported one or more claims over the four-year period.

Source: JLT Specialty 2015 U.S. Directors and Officers Liability Survey.

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DIRECTORS AND OFFICERS LIABILITY CLAIMS BY BUSINESS OWNERSHIP, 2002-2011 (1)

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(1) Based on participants in the survey that reported one or more claims over the 10-year period.

Source: 2011 Directors and Officers Liability Survey, Towers Watson.

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EMPLOYMENT PRACTICES LIABILITY

Employment practices are a frequent source of claims against directors, officers and their organizations. Organizations that purchase insurance for employment practices liability (EPL) claims typically either buy a stand-alone EPL insurance policy or endorse their directors and officers liability (D&O) policy to cover employment practices liability. In 2014, 9 percent of public companies responding to a JLT Specialty survey shared or blended their D&O limits with another coverage such as EPL or fiduciary liability, compared with 44 percent of private companies and 67 percent of nonprofits.

In 2014, 35 percent of the 1,457 respondents to the 2014 Cost of Risk survey from the Risk and Insurance Management Society said they bought EPL policies. Banks were the most likely to purchase EPL coverage, with 59 percent of industry respondents purchasing the coverage, followed by telecommunications services (48 percent), consumer staples (46 percent), and consumer discretionary firms (45 percent). American International Group Inc. was the leading writer, based on EPL premiums written, with a 25.9 percent market share in 2014, followed by Chubb Corp. (11.5 percent), AXIS Capital Holdings Ltd. (10.9 percent), Zurich Insurance Group Ltd. (10.3 percent), and The Travelers Companies Inc. (5.7 percent).

Trends In Employment Practices Liability, 2010-2014

Year Median (midpoint) award Probability range (1)
2010 $172,000 $50,000 – $385,000
2011 271,000 83,811 – 552,500
2012 68,195 11,598 – 256,254
2013 100,000 15,772 – 250,497
2014 87,975 20,000 – 306,108

(1) The middle 50 percent of all awards arranged in ascending order in a sampling, 25 percent above and below the median award.

Source: Reprinted with permission of Thomson Reuters, Employment Practice Liability: Jury Award Trends and Statistics, 2015 edition.

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Employment Practices Liability, By Defendant Type, 2008-2014 (1)

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(1) Based on plaintiff and defendant verdicts rendered.

Source: Reprinted with permission of Thomson Reuters, Employment Practice Liability: Jury Award Trends And Statistics, 2015 edition.

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SHAREHOLDER LAWSUITS

Cornerstone Research has conducted annual studies of securities class-action lawsuit settlements and filings each year since the passage of the 1995 Private Securities Litigation Reform Act, enacted to curb frivolous shareholder lawsuits.

Post-Reform Act Class-Action Filings Of Securities Lawsuits By Industry, 1997-2015 (1)

Industry Average 1997-2014 2014 2015
Consumer 67 81 77
Communications 29 17 26
Technology 24 14 24
Industrial 17 10 19
Financial 35 26 17
Energy 8 15 11
Basic materials 4 4 9
Utilities 3 1 4
Other 1 2 2
Total 188 170 189

(1) Private Securities Litigation Reform Act of 1995.

Source: Cornerstone Research.

Post-Reform Act Class-Action Settlements Of Securities Lawsuits, 1996-2015 (1)

(2015 dollars)

Settlements 1996-2013 2014 2015
Minimum $0.1 million $0.3 million $0.4 million
Median 8.2 million 6.0 million 6.1 million
Average 55.6 million 17.0 million 37.9 million
Maximum 8.5 billion 265.3 million 970.5 million
Total settlements $80.9 billion $1.1 billion $3.0 billion
Number of settlements 1,457 63 80

(1) Private Securities Litigation Reform Act of 1995; adjusted for inflation by Cornerstone Research.

Source: Cornerstone Research.

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Source: Insurance Information Institute, “Litigiousness” http://www.iii.org/ website. Accessed January 30, 2017. http://www.iii.org/fact-statistic/litigiousness

© Copyright 2017. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

Filed Under: Compliance, D&O/E&O, Theme 139

February 5, 2016 By Insurance News Editor Leave a Comment

Small Business Insurance Basics

Insurance_InsurancePolicyAndMoney

Insurers often combine a number of insurance coverages into a package that is sold as a single contract. The most common policy for small businesses is the Businessowners Policy (BOP).

The BOP combines coverage for all major property and liability insurance risks as well as many additional coverages into one package policy suitable for most small businesses. The term “BOP” specifically refers to insurance policy language developed (and revised as needed) by experts at ISO. ISO provides sample insurance policy language, research and a variety of other products to insurance companies.

The BOP includes business income insurance, sometimes called business interruption insurance. This compensates a business owner for income lost following a disaster. Disasters typically disrupt operations and may force a business to vacate its premises. Business income insurance also covers the extra expense that may be incurred if a business must operate out of a temporary location.

To cover specific risks associated with a business, a variety of additional coverages may be added to the basic BOP. For example, if a business has an outdoor sign, the BOP doesn’t cover it unless coverage is specifically added for an additional premium. If a business relies on electronic commerce, the owner can add coverage for lost income and extra expenses in the event the ability of the business to conduct e-commerce is slowed down or stopped due to a computer virus or hacker.

Only small- to medium-sized businesses that meet certain criteria are eligible for a BOP. Factors insurers consider include the size of the premises, the required limits of liability, the type of business and the extent of offsite activity. Premiums for BOP policies are based on those factors plus business location, financial stability, building construction, security features and fire hazards.

Major Coverages

Most small businesses need to purchase at least the following four types of insurance.

1. Property Insurance

Property insurance compensates a business if the property used in the business is lost or damaged as the result of various types of common perils, such as fire or theft. Property insurance covers not just a building or structure but also what insurers refer to as personal property, meaning office furnishings, inventory, raw materials, machinery, computers and other items vital to a business’s operations. Depending on the type of policy, property insurance may include coverage for equipment breakdown, removal of debris after a fire or other destructive event, some types of water damage and other losses.

2. Liability Insurance

Any enterprise can be sued. Customers may claim that the business caused them harm as the result of, for example, a defective product, an error in a service or disregard for another person’s property. Or a claimant may allege that the business created a hazardous environment. Liability insurance pays damages for which the business is found liable, up to the policy limits, as well as attorneys’ fees and other legal defense expenses. It also pays the medical bills of any people injured by, or on the premises of, the business.

3. Business Auto Insurance

A business auto policy provides coverage for autos owned by a business. The insurance pays any costs to third parties resulting from bodily injury or property damage for which the business is legally liable, up to the policy limits.

4. Workers Compensation Insurance

In all states but Texas an employer must have workers compensation insurance when there are more than a certain number of employees, varying from three to five, depending on the state. Workers comp insurance, as this coverage is generally called, pays for medical care and replaces a portion of lost wages for an employee who is injured in the course of employment, regardless of who was at fault for the injury. When a worker dies as a result of injuries sustained while working, the insurance provides compensation to the employee’s family. An extremely small business, such as one operated by one or two people out of a home, may not need workers compensation insurance. But it often needs more property and liability insurance than is provided in a typical homeowners policy.

Other Types of Business Coverages

1. Errors and Omissions Insurance/Professional Liability

Some businesses involve services such as giving advice, making recommendations, designing things, providing physical care or representing the needs of others, which can lead to being sued by customers, clients or patients claiming that the business’s failure to perform a job properly has injured them. Errors and omissions or professional liability insurance covers these situations. The policy will pay any judgment for which the insured is legally liable, up to the policy limit. It also provides legal defense costs, even when there has been no wrongdoing.

2. Employment Practices Liability Insurance

Employment practices liability insurance covers (up to the policy limits) damages for which an employer is legally liable such as violating an employee’s civil or other legal rights. In addition to paying a judgment for which the insured is liable, it also provides legal defense costs, which can be substantial even when there has been no wrongdoing.

3. Directors and Officers Liability Insurance

Directors and officers liability insurance protects directors and officers of corporations or not-for-profit organizations if there is a lawsuit claiming they managed the business or organization without proper regard for the rights of others. The policy will pay any judgment for which the insured is legally liable, up to the policy limit. It also provides for legal defense costs, even where there has been no wrongdoing.

4. Key Employee Insurance

Life or disability income insurance can compensate a business when certain key employees die or become disabled. These coverages cushion some of the adverse financial impact that results from losing a key employee’s participation.

5. Umbrella Policies

As the name implies, an umbrella liability policy provides coverage over and above a business’s other liability coverages. It is designed to protect against unusually high losses. It provides protection when the policy limits of one of the underlying policies have been used up. For a typical business, the umbrella policy would provide protection beyond the general liability and auto liability policies. If a company has employment practices liability insurance, directors and officers liability, or other types of liability insurance, the umbrella could provide protection beyond those policy limits as well.

 

Source: Insurance Information Institute, “Small Business Insurance Basics” http://www.iii.org/ website. Accessed May 9, 2018. http://www.iii.org/article/small-business-insurance-basics

© Copyright 2018. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

Filed Under: Business, D&O/E&O, Theme 139

February 5, 2016 By Insurance News Editor Leave a Comment

Directors and Officers Insurance

People_Workers_ManOnComputer

PROTECTING YOUR BUSINESS FROM LIABILITY ISSUES

While business insurance policies by definition provide coverage for the business itself, individual company officers may still be personally exposed to financial losses resulting from a lawsuit. To protect your company’s leadership, you may want to consider purchasing directors and officers (D&O) liability insurance.

What D&O Covers

Directors and officers is a type of liability insurance that covers individuals for claims made against them while serving on a board of directors and/or as an officer. This type of policy can be written to cover directors and officers of for-profit businesses, privately held firms, not-for-profit organizations and educational institutions. There are several elements—called “Sides”—to a D&O policy, including:

  • Side A—Protects a corporation’s directors and officers when the company cannot indemnify the individuals.
  • Side B—Reimburses the organization when it indemnifies the individuals, thus protecting the company’s balance sheet
  • Side C—Also known as “entity coverage,” this eliminates disputes of coverage allocation when both the directors and officers and the insured organization are named as co-defendants in a securities lawsuit.

A wide range of claims against a business have the potential to target company leadership for responsibility—and liability. Business leaders can be held responsible for a company’s failure to comply with regulations and to provide a safe and secure workplace. In addition, if a company is found liable for losses because of operational failures and mismanagement, directors and officers may be exposed to liability as well. The types of claims that may target company leadership individually as well as the company itself typically include:

  • Shareholder suits over company or stock performance.
  • Creditor or investor suits over mismanagement or dereliction of fiduciary duties.
  • Misrepresentation in a prospectus.
  • Decisions exceeding the authority granted to a company officer.
  • Failure to comply with regulations or laws.
  • Employment practices and HR issues.
  • Pollution and other regulatory claims.
  • Cyber liability.

What’s Excluded?

Standard exclusions in a D&O policy typically include:

  • Fraud.
  • Personal profiting.
  • Accounting of profits, and other illegal compensation exclusions.
  • Pending and prior litigation.
  • Prior (late) claim notice.
  • Bodily injury/property damage.
  • Insured versus insured claims.
  • ERISA.

The Added Value of Protecting Company Leaders

Aside from paying for claims against company leadership, there are several other benefits to carrying directors and officers liability insurance, including a company’s ability to:

  • Retain Strong Leaders—Many potential directors and officers will be reluctant to join your business if they are exposed to personal liability. D&O liability insurance helps address this issue.
  • Attract Investment—Venture capital and private equity firms often require companies to have D&O coverage before they make an investment.
  • Cover Legal Fees—Even if directors and officers are exonerated of wrongdoing, your business may incur substantial legal fees in responding to a lawsuit against your leadership. If you have a D&O policy, your company’s legal fees will likely be covered.

There are several types of D&O policies, defined by what liabilities, legal costs and other exposures are covered. You should select coverage based on risks and how your business is organized. Your company’s bylaws or articles of incorporation may provide certain protections—or indemnification—for directors and officers. You should seek guidance from your insurance professional about this somewhat complex, technical type of insurance.

Source: Insurance Information Institute, “Director’s and Officers Insurance” http://www.iii.org/ website. Accessed May 9, 2018. http://www.iii.org/article/directors-and-officers-insurance

© Copyright 2018. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

Filed Under: Business, D&O/E&O, Theme 139

February 5, 2016 By Insurance News Editor Leave a Comment

IN: Why Get Directors and Officers Insurance?

Dear Valued Customer,

A wide range of claims against a business have the potential to target company leadership for responsibility—and liability. In this issue of the “———————-“ we’re including information and tips that can ensure you are protected in many ways.

Directors and Officers Insurance (D&O), is about protecting your business from liability issues. While business insurance policies by definition provide coverage for the business itself, individual company officers may still be personally exposed to financial losses resulting from a lawsuit. To protect your company’s leadership, you may want to consider purchasing directors and officers (D&O) liability insurance. Read on for more important information.

We appreciate your continued business and look forward to serving you.

Kind regards,

 

Filed Under: Business, D&O/E&O, Theme 139

August 2, 2014 By Insurance News Editor Leave a Comment

Role Of Property Insurance

Insurance_InsurancePolicyAndMoneyInsurers are in the unique position of having encyclopedic information about the many different ways your business property could be damaged or destroyed, from fire and flooding to embezzlement. Property is also vulnerable as a result of a variety of other events such as electrical surges, accidental activation of a chemical sprinkler system or a computer virus.

Because insurers know so much about what can go wrong, they can provide your business with the insurance coverages your particular type of enterprise requires. Without appropriate insurance, property losses can easily cause the entire enterprise to fail.

The purpose of property insurance for the small business is to provide critical financial assistance in the event of a loss, so that the enterprise can continue to operate with as little disruption as possible.

Property insurance alone is seldom enough, however. It should be but one part of an overall risk management and disaster recovery plan. On average, businesses that devote resources to risk reduction and risk control have fewer insurance claims. Firms with a good record on claims generally have more insurers competing for their business, so that they are able to find coverage more easily and often at a lower price than companies that have more losses.

We cover here, in a general way, many of the more common types of property coverage. You can obtain full information about your particular policy by reading the policy itself and discussing your coverage needs with your agent or insurance company.

PROPERTY INSURANCE POLICIES

Insurers offer small businessowners a huge variety of property insurance policies. There are  policies that cover only a single peril, or cause of loss, such as a fire insurance policy, a crime policy or an electronic equipment policy. The particulars of the policies vary from insurer to insurer.

And there are policies that include several different coverages in a single “package.” The majority of small businessowners find it more convenient and economical to purchase a package policy, which provides protection against many types of loss in a single policy. Insurers may create their own insurance policies. Many rely in part on a package policy format from ISO. This policy is generally referred to in the insurance industry as the Businessowners Policy (BOP). The BOP is revised periodically. The discussion here is based on provisions of the 2004 revision to the BOP.

PROPERTY COVERAGE IN THE BOP

The BOP covers any buildings the business owns and much of the property needed to run the business.

Specifically, the policy covers:

  • Buildings as named in the policy “Declarations,” generally the first pages of the policy. Structures are covered as well as permanently installed fixtures, machinery and equipment; outdoor fixtures; items you use to maintain or service the building, such as appliances; and additions under construction. You can choose to insure your buildings at their “actualy cash value”—what they are worth—or their “replacement cost”—what it would cost to replace them with new construction. To keep up with the increasing cost of rebuilding, the policy’s limit of insurance for covered buildings will automatically rise by a set percentage each year. Be sure to discuss with your agent whether you should purchase the standard building coverage or replacement cost coverage.
  • Building contents, although there are a few exceptions. The policy covers most property on or near the business premises that is used in the business. This would include such things as machinery, computers, raw materials or inventory. You also have coverage for any leased property, which you are contractually obligated to insure.
  • Property of others that is in your care, custody and control to the extent you are legally liable for that property. This coverage is particularly important to a business, such as a computer repair shop, that earns revenue from servicing the property of others.

WHAT ABOUT A BUSINESS THAT LEASES OR RENTS ITS PREMISES?

If your business rents or leases its premises, your lease should describe your obligations with respect to insurance. If you are the sole tenant, you may be responsible for insuring the building. You may be responsible for continuing to pay rent even if the building is destroyed. Should a fire destroy the building, will the landlord or the tenant be responsible for debris removal? You may want to review your lease with your insurance agent to be sure your property insurance covers your obligations.

For those who rent, the BOP provides coverage for tenants’ improvements and betterments. These are fixtures, alterations, installations or additions that you have put into the space

COVERED CAUSES OF LOSS

Insurance contracts always describe in some way the perils being insured against. One type of BOP names the covered causes of loss. Another uses what insurers may call the “special form,” which states that all causes of loss are covered except those that are excluded by name. Because the special form provides broader coverage, premiums for this type of BOP may be higher.

In the BOP format that names covered causes of loss, those included are fire, lightning, most explosions, windstorm or hail, smoke from accidental fire, aircraft or vehicles (not including those owned or operated by the business itself), riot or civil commotion, vandalism, automatic sprinkler leakage, sinkhole collapse, building collapse, volcanic action and certain types of damage from water or other liquids.

CAUSES OF LOSS THAT AREN’T COVERED

A number of events that can cause property loss are not covered by the basic BOP. Some, such as employee dishonesty or breakdown of a steam boiler, are excluded from the basic BOP, but you can add coverage to it by payment of an additional premium. Some events, such as wear and tear, aren’t covered because they don’t meet the basic criteria for insurance of being accidental and unpredictable. (Regular maintenance of property is your responsibility.) Coverage for other events, such as flood and earthquake, aren’t needed by all businesses. Separate policies are available. Nuclear reaction and war are considered to be uninsurable, since insurers cannot predict with any degree of accuracy the frequency of such events or amount of damage likely to occur.

The following are some of the other events that can cause damage that are usually excluded from the basic BOP: power failure (except when it causes loss or damage to computers and electronic data); failure of computer hardware or software; robbery and burglary; most instances of pollution; and changes in humidity or temperature. Also excluded is coverage for missing property where there is no physical evidence to show what happened to the property, such as with a shortage discovered after taking inventory.

Be sure you understand what causes of loss are and aren’t covered by your policy. Discuss with your agent the extent to which your business risks a loss from any of these excluded events and whether you should purchase coverage for these particular risks if it is available.

PROPERTY THAT ISN’T COVERED

The basic BOP excludes some types of property from its coverage. For many of these items, such as money and securities or outdoor signs, insurance is available as an addition to the BOP for an additional premium. For items such as motor vehicles or boats, however, you will need to purchase a separate policy. Excluded property usually includes:

  • Any vehicles subject to motor vehicle registration, including aircraft, autos and trucks
  • Bullion, money or securities
  • Land, water, growing crops, lawns, trees, shrubs or plants
  • Outdoor fences and signs not attached to the building

You should discuss with your agent what property is and isn’t covered by your policy, as well as whether you may need to purchase additional coverage for some types of property excluded from the basic BOP coverage. Since most businesses, for example, own or use vehicles, they should consider business automobile insurance.

IS THERE ANY COVERAGE FOR POLLUTION?

Coverage for pollution is limited to cleaning up pollution that was caused by a covered cause of loss occurring during the policy period. For example, if vandals opened drums of a toxic chemical and poured it on the ground, the insurer would cover the cost of the cleanup, up to the policy limit, since vandalism is a covered cause of loss. On the other hand, if the toxic chemical slowly leaked into the ground because the drum was defective and had a tiny hole in it, you would not have coverage under the BOP. A defect in the drum is not a covered cause of loss under your property policy. (For help with cleanup costs in this hypothetical situation, you might find compensation from the liability insurance of the drum manufacturer or seller of the chemical.)

BUSINESS INCOME AND EXTRA EXPENSE COVERAGE

If your main business premises are destroyed along with much of the property you used to operate, this loss, though devastating, may be only just one part of the total. You should consider purchasing Business Income and Extra Expense Insurance (also known as Business Interruption Insurance).

Every day you are unable to operate is a day of lost income, for you personally and for the business. If the property damage or loss prevents you from providing products or services to your customers or clients, they may go elsewhere and many of them may never return. If you are to keep your employees, you must continue to pay their wages, even when the business is generating much less than normal income. It is little wonder that many businesses that lack insurance to cover the potential ongoing economic effects of a serious destructive event are unable to survive. A survey by the National Association of Insurance Commissioners found that only 35 percent of small businesses, defined as firms with fewer than 100 employees, have business interruption insurance.

Prudent businesses have disaster recovery plans that include insurance to cover lost income and extra expenses that can result from getting back on track after a covered loss.

Because coverage for lost income and extra expenses is so important to continued business survival, it is part of the standard BOP. The policy covers actual loss of net business income that would have been earned had it not been necessary to suspend operations due to a covered cause of loss. The policy also covers continuing normal operating expenses such as utility payments and payroll.

The insurer will pay, as well, extra expenses that you incur to avoid or minimize the suspension of operations. Such extra expenses often include costs to relocate, and to equip and to operate replacement premises, as well as expenses to repair or to replace property and to restore lost information on damaged valuable papers and records.

Generally, these coverages are triggered only when you have a direct loss from a covered cause of loss. If the cause of loss is an earthquake, there will be no coverage under the BOP. If your business must be closed due to someone else’s loss, there is no coverage. For example, your business could be an accounting firm located on the third floor of a large building. If there is a fire on the ground floor of the building, which does no damage in your office but causes the building to be shut down for repairs for a month, your BOP would not provide coverage for lost business income and extra expenses, since you did not have a direct loss yourself.

SEASONAL VARIATIONS IN VALUE

Your business may be one of the many that experience seasonal variations in the value of inventory, raw materials and other items. A complete loss at the height of the summer if you sell ice cream or during the winter holiday season if you have a retail operation may be several times larger than during the rest of the year. To protect against a loss in the busy season, the BOP provides for an automatic 25 percent increase in your policy limit for business personal property. The seasonal escalator applies only if you have insured your business personal property to at least 100 percent of your average monthly values during either the 12 months preceding the loss or the period of time you have been in business as of the date of the loss, whichever is less.

OTHER LOSSES AND EXPENSES COVERED BY THE BOP

The BOP includes numerous other coverages to protect your business from a variety of accidental events that could wreck havoc on your financial well being. These include:

  • Actions of Civil Authorities
  • Bogus Money Orders and Counterfeit Money
  • Contingent Business Interruption
  • Computer Operations Interruption
  • Debris Removal
  • Electronic Data Loss
  • Expense to Preserve the Value of Property
  • Fire Extinguisher Recharge
  • Forgery or Alteration
  • Fungi, Rot and Bacteria
  • Window Glass Breakage Expenses

Actions of Civil Authorities – Sometimes physical damage to property other than your own leads the police or other civil authorities to prevent you from having access to your own premises. If the loss at the other property is due to a cause covered by your policy, then the insurer will pay for your actual loss of business income and any necessary extra expense caused by the action of civil authorities. By way of example, assume you own a hair salon. An explosion has significantly damaged other businesses near you, although your own premises suffered no physical damage. The police close off the whole block for a week, preventing your business from operating from that location. Your insurer will cover your lost income and extra expense caused by this action.

Bogus Money Orders and Counterfeit Money – Should your business make the good faith mistake of accepting bogus money orders or counterfeit money, the insurer will pay up to $1,000 to cover the loss.

Contingent Business Interruption – This coverage, which may also be called “Business Income from Dependent Properties” or “Contingent Business Income,” applies when your business is dependent on another operation and the other operation is unable to conduct its usual business because it has been damaged by a cause of loss that is covered by your policy. Should you suffer a loss due to such damage at the premises of a business you depend on (“dependent property”), the insurer will pay for the actual loss of business income you sustain. For example, you’ve designed a new type of folding beach chair and you have many orders to ship it in time for the summer selling season. Your chairs are manufactured at the Contract Furniture Factory (CFF). Due to damage from a fire, CFF is unable to make your chairs. Should neither you nor CFF have a backup manufacturer who can fulfill the contract, you will lose income from the orders you cannot ship. Your insurer will pay for the net income loss you suffer as a result. If, however, damage at CFF is due to an earthquake and you don’t have earthquake insurance this coverage will not apply since the damage at the dependent property was not due to a covered cause of loss.

Computer Operations Interruption – Should computer operations be interrupted due to a covered cause of loss, your insurer will pay up to $10,000 for business income lost and extra expenses incurred as a result of the computer problem. In addition to other causes of loss, this coverage applies to a loss caused by a computer virus, harmful code or other harmful instructions entered into your computer system or a network to which it is connected. There is no coverage, however, for loss or damage caused by the actions of any employee, including temporary or leased employees, or by anyone you hire to work on your computer system.

Debris Removal – When a building is destroyed or damaged by fire, wind or other peril, debris is left that must be removed before reconstruction can occur. The business policy, within certain conditions, covers the cost of removing debris left behind as a result of a covered cause of loss. There is an extra $10,000 of coverage for debris removal should the limit of insurance be reached before debris removal has been factored in.

Electronic Data Loss – In the event electronic data is destroyed or damaged as the result of a covered cause of loss, the insurer will pay the cost to replace or restore it. Causes of loss that apply to this coverage include a computer virus, harmful code or other harmful instructions entered into your computer system or a network to which it is connected. The coverage applies as well to cyber extortionists who threaten to bring your computer system down with a code or virus if you don’t meet their demands. There is no coverage, however, for loss or damage caused by the actions of any employee, including temporary or leased employees or by anyone you hire to work on your computer system. (Negligent work by third parties should be covered by their liability insurance.)

Expense to Preserve the Value of Property – To preserve the value of property, it may be necessary to move it from the insured premises to another location. For example, if a major storm is predicted and your building has no basement, you may want to move some of your high-value inventory to a safer location. The property policy covers such property while it is being transported and for up to 10 days after it is moved to the alternative location.

Fire Extinguisher Systems Recharge Expense – If your fire extinguishing system is discharged (other than during installation or testing), the insurer will pay to have it recharged or replaced, whichever costs less.

Forgery or Alteration – The insurer will pay up to $2,500 (unless you buy a higher limit) for losses resulting directly from forgery or alteration of any check, draft, promissory note or similar promise of payment in money that you or your agent issued or that someone impersonating you or your agent issued.

Fungi, Rot and Bacteria – Your BOP insurer typically limits the situations in which it will pay for loss or damage caused by fungi, wet or dry rot, or bacteria. Usually, the insurer will pay up to $15,000 only when the underlying cause of the damage is a specified cause of loss other than fire or lightning that occurs during the policy period and only if you used all reasonable means to save and preserve the property from further damage at the time of and after that occurrence.

Window Glass Breakage Expense – Where glass has been broken, the insurer will pay expenses to put up temporary boards if repair or replacement of damaged glass is delayed.

ADDITIONAL COVERAGES YOU MAY NEED

The standard Businessowners Policy (BOP) recognizes that some types of coverage are important for some customers but not for others. It makes provision for adding coverage through what insurers may refer to as “optional coverages,” coverage extensions and endorsements. These are among the coverages you may choose to add to your BOP with the payment of an additional premium:

  • Accounts Receivable
  • Adding Additional Insureds
  • Burglary and Robbery
  • Computer Fraud and Funds Transfer Fraud
  • Earthquake and Volcano Coverage
  • Employee Dishonesty
  • Food Contamination
  • Mechanical Breakdown
  • Money and Securities
  • More Coverage for Valuable Papers, Records and Electronic Media
  • Newly Acquired or Constructed Property
  • Outdoor Property
  • Outdoor Signs
  • Personal Effects
  • Personal Property Off Premises
  • Spoilage Coverage
  • Utility Services—Direct Damage
  • Valuable Papers and Records
  • Water Back-up and Sump Overflow

Accounts Receivable – As part of your risk management plan, to the extent feasible, you should keep backup copies of your accounts receivable in a separate location. For some businesses, however, it may be in the nature of the business that accounts receivable records are vulnerable to property loss. If needed, you may extend coverage under your BOP. The accounts receivable extension obligates the insurer to pay amounts due from your customers that you are unable to collect. The limit is up to $10,000 per occurrence for records located on the premises described in the policy “Declarations” or $5,000 for records located elsewhere.

Adding Additional Insureds – In many situations, a business is required by contract or law to add coverage to its BOP for other parties who usually have property at risk that is in the care of the insured. Such parties typically include managers or lessors of a rented or leased premises and mortgage holders. You can add coverage to your BOP with an Endorsement Adding Additional Insureds.

Computer Fraud and Funds Transfer Fraud – Your business may run the risk that someone will cause an unauthorized transfer of funds from your bank account, whether through electronic or written instructions. The Endorsement for Computer Fraud and Funds Transfer Fraud covers this risk. The insurer pays for the loss of money and securities resulting directly from a fraudulent instruction instructing a financial institution to transfer, pay, or deliver money or securities from your “transfer account.” The endorsement defines a “transfer account” as “an account maintained by you at a financial institution from which you can initiate the transfer, payment or delivery of money and securities.”

Burglary and Robbery – If your business has high-value goods that are attractive to criminals, loss control will go a long way to reducing the threat of theft or burglary. Optional burglary and robbery coverage, however, may be a wise part of the risk management plan.

Burglary means taking of property from inside the described premises by a person unlawfully accessing the premises as evidenced by marks of forcible entry or exit. Robbery means unlawfully taking property from a person who has the property in his or her care and custody.

The insurer covers the property on the business premises, while it is at a bank or savings institution, when it is in the custody of any employee or businessowner in his or her living quarters or while it is in transit between any of these places.

Coverage is limited to $2,500 for furs, watches, jewelry, precious metals, patterns, dies, molds and forms. If additional coverage for such property is needed, it can be purchased separately.

Earthquake and Volcano Coverage – You may add this endorsement to your BOP to protect your business property from losses due to these perils. A different method of calculating deductibles, as a percentage of the coverage rather than as a flat dollar amount, may apply to this coverage.

Electronic Commerce – If your business relies on e-commerce—that is, business activity conducted over the Internet—you may want to add the Endorsement for Electronic Commerce to your BOP. The insurer covers your lost income and extra expenses in the event your ability to conduct e-commerce is slowed down or stopped due to the causes of loss covered by the BOP. The endorsement also provides coverage for the cost of reconstructing electronic data if it is lost due to a covered cause of loss or if it is stolen by someone other than an employee, volunteer worker or contractor.

Employee Dishonesty – Burglary and robbery insurance does not cover losses caused by employees or authorized representatives who commit dishonest acts. Employee Dishonesty Insurance provides this coverage.

Most experts agree that businessowners tend to greatly underestimate their vulnerability to theft by their own employees. According to the Association of Certified Fraud Examiners (ACFE), the average business loses 6 percent of its total annual revenue to employee fraud. The ACFE says smaller companies, particularly those with fewer than 500 employees, are most susceptible to these losses. Virtually any business with employees is at risk of losses caused by employee dishonesty. As with other causes of loss, effective loss control measures can go a long way toward reducing this loss exposure.

Employee Dishonesty Insurance covers losses caused by temporary or leased workers as well as employees. Many employee fraud schemes go on for years before they are detected. If you have added this coverage to your BOP, your insurer will pay for a covered loss or damage sustained during the policy period and discovered no later than one year from the end of the policy period.

Food Contamination – If you are involved in a food business, there is always some risk that food you sell could cause food poisoning or transmit a communicable disease from an employee of your business. This risk can, of course, be reduced and controlled by following a good risk management plan, but it can never be totally eliminated.

The Endorsement for Food Contamination provides coverage for most of the expenses you would incur if food you sold caused food poisoning or disease. Coverage includes the cost of additional advertising to restore your reputation.

Mechanical Breakdown – This option provides coverage for mechanical or electrical breakdown to your boilers, pressure vessels, refrigeration systems, piping, and mechanical and electrical machines or apparatus that generate, transmit or simply use mechanical or electrical power. For many businesses that depend on such equipment, a breakdown means the inability to operate and loss of income. If you run a sawmill and the saw breaks down, for example, you’re effectively out of business until the saw is repaired. Mechanical breakdown coverage might be a wise investment to cover this type of risk.

Money and Securities – You have the option to add coverage for money and securities to your policy. The insurer covers the property on the business premises, while it is at a bank or savings institution, when it is in the custody of any employee or businessowner in his or her living quarters or while it is in transit between any of these places.

More Coverage for Valuable Papers and Records – As part of your loss control plan, to the extent feasible, you should keep backup copies of records in a separate location and valuable papers in a fire proof safe or a bank safety deposit box.

For some businesses, however, it may be in the nature of the business that certain valuable papers and records are vulnerable to property loss. Should you lose valuable papers and records as the result of a covered cause of loss, your basic BOP will pay the expense, up to your policy limit, to reconstruct the records.

If needed, you may add more coverage to your BOP for the cost to reconstruct valuable papers and records, including those that exist on electronic media. The covered property includes documents, manuscripts and records (including abstracts, books, deeds, drawings, films, maps or mortgages). It also includes electronic data processing, recording or storage media; data stored on such media; and programming records used for electronic data processing or electronically controlled equipment.

Newly Acquired or Constructed Property – If your policy covers buildings, you may extend the coverage to newly acquired buildings intended for similar use as the insured building or as a warehouse. This coverage also applies to new buildings while being constructed on the premises described in your policy. Any newly acquired business personal property is also covered. This is temporary coverage that provides time to report the new property to your insurer. The coverage expires 30 days after you acquire the property or begin construction.

Outdoor Property – You may extend your policy’s coverage to apply to outdoor items, including signs, fences, shrubs and plants, and satellite dishes. Debris removal of these items is included. The most the insurer will pay under this extension is $2,500 and not more than $500 for any one tree, shrub or plant.

Outdoor Signs – For some businessowners, the only outdoor asset not covered by their basic BOP that they wish to insure is outdoor signs not connected to their building. The BOP provides an option to add just this coverage.

Personal Effects – You may extend your coverage to apply to personal effects owned by officers, managers and anyone who works at the company. There is a $2,500 limit on this coverage. It does not apply to loss or damage by theft.

Spoilage Coverage – If you are in a business that involves supplies, inventory or other materials that must be maintained under controlled temperature or humidity conditions for preservation and that are susceptible to loss or damage if the controlled temperature or humidity conditions change, you will probably want to add the Endorsement for Spoilage Coverage to your BOP. The covered causes of loss are mechanical breakdown of your refrigeration or humidity control system and power outages due to conditions beyond your control. The insurer will cover the cost of property that is spoiled by these causes.

Utility Services—Direct Damage – Loss of water, communication or power service could be costly to many businesses. The Endorsement for Utility Services—Direct Damage will cover the loss caused by inter

Source: Insurance Information Institute, “Role of Property Insurance” http://www.iii.org website. November, 2018. http://www.iii.org/publications/insuring-your-business-small-business-owners-guide-to-insurance/specific-coverages/property-insurance

© Copyright 2018. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

Filed Under: Business, Theme 129

August 2, 2014 By Insurance News Editor Leave a Comment

Do I Need Professional Liability Insurance?

Misc_QuestionMarkSignProfessionals that operate their own businesses need professional liability insurance in addition to an in-home business or businessowners policy. This protects them against financial losses from lawsuits filed against them by their clients.

Professionals are expected to have extensive technical knowledge or training in their particular area of expertise. They are also expected to perform the services for which they were hired, according to the standards of conduct in their profession. If they fail to use the degree of skill expected of them, they can be held responsible in a court of law for any harm they cause to another person or business. When liability is limited to acts of negligence, professional liability insurance may be called “errors and omissions” liability.

Professional liability insurance is a specialty coverage. Professional liability coverage is not provided under homeowners endorsements, in-home business policies or businessowners policies (BOPs).

Source: Insurance Information Institute, “Do I need professional liability insurance?” http://www.iii.org website. November, 2018. http://www.iii.org/article/do-i-need-professional-liability-insurance

© Copyright 2018. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

Filed Under: Business, Theme 129

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