Author Archive

It’s No Longer JUST the COI that Gets You in Trouble – There’s a New Monster in Town

Without using hyperbole, thousands of certificates of insurance (COIs) are issued every day, and again without hyperbole, most of them are issued improperly. In fact, your agency may have issued an improper certificate as recently as this morning. What is it about certificates of insurance that can get an agency in trouble? If there were

Concurrent Causation Revisited

A recent ruling by the Florida Supreme Courts (FSC) is creating a stir in Florida insurance markets and may have national repercussions.  In December of 2016 the FSC handed down its review of a decision by the Second District Court of Appeals (DCA) in American Home Assurance Co. v. Sebo (141 So. 3d 195 (Fla.

A New Peril in Cyberspace

Have you ever heard of “business email compromise” or “CEO fraud”?  Well read carefully because this is becoming a claim reported with increasing frequency. A CFO or other financial officer in a company receives an email from the CEO indicating that the CFO will receive a call from a specified person giving him instruction to

Two New Crime Insurance Endorsements of Note

Internet crime is not just about data breach losses. While data breach losses are significant and can result in considerable financial damage to businesses and individuals, the internet can be used to commit old fashioned crimes such as the theft of money. Two new ISO Crime Insurance endorsements became available in November of 2015 of

Renewed Emphasis on Crime and Data Breach Liability Coverage

For many businesses, October 1, 2015 changed their risk profile, and they may not even know it.  Several years ago the major credit card companies, MasterCard, Visa, Discover and American Express, created a deadline, October 1, 2015, for the credit card business to convert to EMVs. What is an EMV one might ask?  EMV is

Some Workers’ Compensation Relief – HB765 Signed Into Law

An omnibus regulatory reform bill (HB 765) was signed into law by Governor McCrory on Oct. 22, 2015 and is now effective.  It contains a provision which addresses a problem with workers’ compensation that has emerged over the last couple of years. The existing provision of the Workers’ Compensation Act of North Carolina (the Act)

Further Erosion in the Host Liquor Liability Coverage

The Commercial General Liability (CGL) policy provides an exclusion for commercial operations involving various aspects of the distribution of alcoholic beverages.  The exclusion is muted to some degree by a caveat restricting the exclusion to named insureds that are “in the business of” distributing alcoholic beverages (adult beverages).  This caveat to the exclusion is often

Some Workers’ Compensation Relief: HB765

An omnibus regulatory reform bill (HB 765) has been ratified and sent to the Governor for signature.  The bill becomes effective upon becoming law.  It contains a provision which addresses a problem with workers’ compensation that has emerged over the last couple of years.  The existing provision of the Workers’ Compensation Act of North Carolina

Does Every Business Owner Need to Be an Attorney? Who or What is an “Employee?”

Historically, most business owners understood that someone working for them was an “employee.” Further, “independent contractors” were infrequently used by the average business. However, times have changed. Administrative, benefit and regulatory costs related to employees have increased, leading business owners to search for ways to moderate these costs. Using workers who are not called “employees”

Ride-Sharing Law Headed for the Governor’s Signature

An Act To Regulate Transportation Network Companies has passed the Legislature and awaits the Governor’s signature.  Transportation network companies (TNCs) such as Uber, Sidecar or Lyft are a rapidly growing component of the public transportation business.  There have been a number of issues with TNCs that have been up in the air and now some