Author: David LaBossiere

Profile picture of David LaBossiere

Posts by David LaBossiere

Protecting Your Business During Civil Unrest

Posted on

Civil unrest can create unique challenges for businesses. Specifically, business owners face the risk of vandalism, stolen or damaged goods and extensive property damage. With this in mind, it’s crucial to take steps to mitigate the risk of potential damages to your business during periods of civil unrest. Download the PDF version: Protecting Your Business During Civil Unrest.pdf Provided by TPG Insurance Services This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2020 MyTPG.com. All rights reserved. Review the following guidance to help keep your business protected in these situations. Stay Informed First and foremost, make sure you stay informed via local authorities, news outlets and social media on potential events or issues that could lead to civil unrest within your community. This practice will allow you to be more aware of when civil unrest is most likely to occur and take a proactive approach to protecting your business. Assess Property Vulnerabilities Next, it’s important to assess your business property for potential vulnerabilities. In doing so, you will be able to better determine where to focus your mitigation efforts. Be sure to conduct a thorough inspection of both your own property and the surrounding area—including neighboring businesses, parking lots, alleys and streets—for specific risk management issues (e.g., gaps in security measures, potential traffic or crowding concerns, the type of property at risk and concerns for employee and customer safety). Protect Your Property After assessing potential vulnerabilities, make sure you implement adequate security measures to help keep your business fully protected. Potential security practices to consider include: Utilizing security cameras Implementing an intruder alarm system Boarding up property windows and doors Ensuring proper locks on all windows and doors Installing motion-sensing external lighting and glass break sensors Hiring security guards Remove Valuables Try to remove as much cash, merchandise and high-value supplies or equipment from your property as possible. In particular, if your business utilizes a fleet of vehicles, consider moving them to a temporary, secure storage location. This way, you will be able to proactively minimize your losses in the event that your business is targeted. Further, consider utilizing signage to communicate that money and high-value items have been removed from the premises to help deter potential thieves. Alter Business Hours If you suspect that that civil unrest could take place near your property, consider temporarily altering your business hours (e.g., opening or closing earlier than normal) to avoid putting your employees and customers in a dangerous situation. However, make sure you properly communicate these changes with your staff and customers to prevent any confusion. In some cases, it may make sense to temporarily close your business. Avoid Unnecessary Conflict In the event that civil unrest takes place while your business doors are open, it’s crucial to educate your staff on how to respond appropriately and avoid unnecessary conflict. Establish an evacuation plan that allows for employees and customers to safely leave the area during a dangerous situation. Designate specific staff to be responsible for securing the property (e.g., locking doors and boarding up windows) before evacuating. If a potentially dangerous individual confronts any of your employees before an evacuation can occur, encourage them to react calmly and avoid using violence or responding aggressively. Designate specific staff to be responsible for contacting the local authorities or emergency services, if necessary. If the individual attempts to loot or rob your business, allow them to do so—no items are worth the risk of an employee injury or fatality. Consult Local Authorities Be sure to express any concerns you have regarding civil unrest in your community with local authorities—including the police department, fire department and government officials—and utilize any resources or guidance that they provide. Consider requesting additional police presence or temporary street closures near your business if you are particularly concerned about the threat of civil unrest. Secure Proper Insurance Apart from these loss control methods, you can ensure ultimate protection during periods of civil unrest by securing proper commercial insurance coverage. For additional risk management guidance and insurance solutions, contact us today. Download the PDF version: Protecting Your Business During Civil Unrest.pdf […]

Read More… from Protecting Your Business During Civil Unrest

Repeat Violations and OSHA’s “Single Employer” Test

Posted on

Multi-location companies with similar business models are discovering that OSHA can tag them with a “repeat violation” for similar violations that occur at other facilities, affiliates or subsidiaries within the company—which significantly increases the chances that OSHA will find a repeat violation. Read on to find out more about repeat violations, what OSHA considers a “single employer” and how this could affect your business. Download the PDF version: RI OSHA Single Employer Test.pdf Provided by TPG Insurance Services This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2013 MyTPG.com All rights reserved. What to Know About Repeat Violations OSHA defines a “repeat violation” as a violation of any standard, regulation, rule or order where, on re-inspection, a substantially similar violation is found and the original citation has become a final order. In the past, OSHA didn’t cite many repeat violations, but this has recently changed. The agency is actively pursuing employers to ensure that they have fixed violations, and imposing hefty fines for those who have not. The following are important topics to know about repeat violations: Longer look-back period: In 2010, OSHA extended its look-back period for violations from three years to five years. This means that OSHA can review all of the employer’s violations from the past five years and cite a repeat violation for a substantially similar violation that occurs within a five-year period. Modified penalty structure: OSHA also modified the penalty structure, increasing the financial consequences of all violations. To calculate the penalty for repeated violations, OSHA adjusts the initial penalty for the size of the business and then multiples it by a factor of two, five or 10, depending on the size. Repeat violations can be a big financial hit, with penalties up to $129,336 for each repeat violation that occurs within the five-year period. OSHA’s Severe Violator Enforcement Program (SVEP): Repeat violations can put you in OSHA’s Severe Violator Enforcement Program (SVEP), which replaced its Enhanced Enforcement Program in 2010. If your company has multiple locations or operates through subsidiaries or affiliates, you may have more exposure to OSHA repeat violations. Employers that have committed willful, repeat or failure-to-abate violations are placed in the SVEP. The program also allows inspectors to eliminate many penalty discounts and reductions, meaning higher average fines per violation. OSHA’s Definition of a “Single Employer” OSHA is putting greater emphasis on business-wide compliance, and you can expect that OSHA will pursue and issue repeat violations to employers with similar multi-location business models. OSHA defines an “employer” as one or more individuals, partnerships, corporations, business trusts or organized groups of persons. Single employer means that related entities—multi-locations, subsidiaries and affiliates—within a corporate family are treated as one workplace. Retail giant Wal-Mart Stores Inc. has been a regular target of repeat violations. OSHA cited Wal-Mart for two repeat violations of workplace safety and health standards at its Great Falls, Montana store in 2013, one of which had occurred before at that store. OSHA had previously cited Wal-Mart for the other violation at its Arlington, Texas store in 2010, and also at two other locations in Pennsylvania in 2009. Wal-Mart received a heftier fine in 2013 because OSHA considered both violations at the Great Falls location to be repeat violations, even though one of those violations had occurred at different stores. Wal-Mart contested this in court, but the judge upheld OSHA’s citation and determination that all Wal-Mart locations fell under a single employer. Traditional “corporate separateness” doesn’t protect a company from getting hit with a repeat violation. OSHA uses a “single employer” test to determine whether a violation is a repeat. The Single Employer Test OSHA’s “single employer test” determines when to hold one entity responsible for another entity’s violations. Under the single employer test, entities are measured against a three-pronged test that includes three criteria to determine whether two or more entities are operating as a single employer: The entities share a common work site where employees of both companies face the same hazards. The entities have interrelated and integrated operations. The entities share a common president, management, supervision or ownership. There is also a “single employer” test with four factors. The major difference between the three-part and four-part tests is the absence of the “common work site” factor. With the four-part test, the entities must have the following: Interrelated operations Common management Centralized control of labor relations Common ownership Keep in mind that OSHA has not formally adopted one test over the other, and it has been applying whichever approach best fits the facts of the case and its agenda for prosecution. Mitigate the Risk of Repeat Violations OSHA’s objective is to ensure that initial violations are found and fixed, and that they do not occur again. It’s critical for companies to pay attention to OSHA’s yearly “hit list,” which lists the employers the agency plans to inspect in a given year as part of its Site-Specific Targeting (SST) program. OSHA is specifically targeting inspections for those employers that have had past violations or violations at sister facilities. Use these strategies to mitigate the risk of a repeat violation or any violation: OSHA inspectors usually arrive unannounced; if you are on OSHA’s annual hit list, which is usually published early in the year, you can expect that you’ll be inspected at some point during the year, so be prepared. Keep in mind that if you have repeat violations, all facilities of your company will end up on the hit list. Even if you aren’t on the annual hit list, know that an inspection could happen at any time. Consult an OSHA lawyer for ways to mitigate risks before, during and after an OSHA inspection. Create a committeewith one or more representatives from each facility to focus on OSHA compliance. The committee should meet regularly to go over inspection results so that one location or entity knows […]

Read More… from Repeat Violations and OSHA’s “Single Employer” Test

Collision VS Comprehensive Coverage

Posted on

Though state laws may not require you to purchase both collision and comprehensive coverage for your policy, doing so can protect your financial well-being. Read on to learn more about these types of coverage. Collision and Comprehensive Coverage: The Basics Collision and comprehensive coverages provide financial safety nets in the event that your vehicle is physically damaged and needs to be repaired or replaced. Although these coverages are generally not required by state laws, they can reduce your financial hardship during a loss. Download the PDF version: Collision VS Comprehensive Coverage.pdf Disclaimer: This resource is provided for informational purposes only. The information provided herein is not intended to be exhaustive, nor should it be construed as advice regarding coverage. Eligibility for coverage is not guaranteed and limited to the terms and conditions contained in the applicable policy. © 2020 MyTPG.com Also, if you are financing a loan for a car, your lender will most likely require both collision and comprehensive coverage as part of your car insurance policy. Collision Coverage Collision coverage pays for the cost to repair damages to a vehicle due to an accident, either with another vehicle or an object. Typically, you will collect only the actual cash value of your car versus the replacement cost value. Gap insurance protects you in the event you owe more than your vehicle is worth. Collision coverage is generally the most expensive portion of a car insurance policy. Premiums are based on a number of factors, including your deductible, driving record and the type of car you drive. If your driving record is fairly clean (no or very few tickets or accidents), your premiums will be lower because you are less likely to have a collision. Comprehensive Coverage Comprehensive coverage pays for damage to your vehicle that is caused by theft, vandalism, fire, natural disasters or hitting an animal. Comprehensive coverage comes with a deductible and the insurer will only pay as much as the vehicle is worth at the time of the incident. To calculate how much your car is worth, look up the Kelley Blue Book value or the National Automobile Dealers Association’s Official Used Car Guide value. If your car is low in value, the yearly premiums for comprehensive coverage may not be a sound investment. Comprehensive coverage has many limitations, so it’s best to review your policy carefully to make sure you are properly covered. We’re Here to Help Call our office today at 909-466-7876 to learn more about collision and comprehensive coverage, and how we can protect you against losses. 4 Ways to Save on Your Auto Premiums: Consider raising your deductible. Maintain a clean driving record. Establish a solid credit history. Install an anti-theft device in your vehicle. Download the PDF version: Collision VS Comprehensive Coverage.pdf […]

Read More… from Collision VS Comprehensive Coverage

Homeowners Insurance Basics: Know Your Insurance

Posted on

From the rooftop to kitchen range, we’ve gathered some homeowners insurance basics. Learn how it helps you to protect one of your biggest investments—your home! Download the PDF version:  Know Your Homeowners Insurance.pdf Disclaimer: This brochure is provided for informational purposes only. The information provided herein is not intended to be exhaustive, nor should it be construed as advice regarding coverage. Eligibility for coverage is not guaranteed and all coverages are limited to the terms and conditions contained in the applicable policy. © 2020 MyTPG.com  All rights reserved. Homeowners Insurance Basics: What Protection Does it Offer? A standard homeowners insurance policy insures the home itself and the things you keep in it. It is typically a package policy, which means it covers both damage to your property and your liability or legal responsibility for any injuries and property damage you or members of your family cause to other people. Let’s take a look at each aspect of coverage in more detail: Homeowners Insurance Basics Part I: Property Protection Dwelling: This offers protection as a result of damage to the structure of your home, including fixtures, plumbing and heating, due to a covered loss like fire or hail storm damage. You need enough coverage for the cost of rebuilding or repairing your home, less the cost of the land. Other structures: This includes coverage for detached structures, such as a garage, garden shed and fixtures attached to land such as a driveway, sidewalks, patio, fence and swimming pool. Personal property: This covers the contents and personal items in your home such as furniture, clothing and sporting goods. It also extends to your personal belongings anywhere in the world. To determine your property’s value, we’ll provide you with a home inventory checklist to help you quickly and easily itemize your belongings. We recommend insuring your personal property for its replacement cost value. Replacement cost value ensures that you can replace yesterday’s purchases at today’s prices. Loss of use: In the event that a covered loss forces you from your home, such as because of a fire, loss of use provides a safety net for additional expenses over and above your normal living expenses while you are unable to live in your home, up to the policy limit. Homeowners Insurance Basics Part II: Liability Protection This portion of your policy covers against lawsuits for bodily injury or property damage that you or family members may cause to other people. It pays for both the cost of litigation and any court awards, up to the limit of your policy. It covers you whether you are at home or away. In the event that a visitor is injured in your home, medical payments coverage allows the person to submit medical bills directly to your insurance company. The benefit is that expenses are paid to the injured person up to the policy limit without a liability claim being filed against you. Additional Considerations Disasters Damage caused by many disasters is covered in a standard homeowners insurance policy, but floods, earthquakes and other specific types of occurrences are generally excluded. Since policies can vary widely, the best way to be sure about specific exclusions is to read your own policy. Vacant Property If your home is left vacant due to a move or new construction, you are vulnerable to losses from vandalism and other mishaps. Please check with us to learn more about the coverage options available to protect your property. Download the PDF version:  Know Your Homeowners Insurance.pdf […]

Read More… from Homeowners Insurance Basics: Know Your Insurance

Know Your Auto Insurance Terms

Posted on

Common Auto Insurance Terms: Auto insurance can be confusing at times. Policies often contain a variety of terms that can be difficult to understand, especially for someone without a background in insurance. The following is a list of common auto insurance terms to keep in mind the next time you meet with your insurance broker: Accident report form: Sometimes referred to as a police report, this form contains important information about an auto accident, such as circumstances that led to an accident, the parties involved and details regarding the citations given. Download the PDF version: Know Your Terms-Auto Insurance.pdf This Know Your Insurance document is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2020 MyTPG.com All rights reserved. At fault: This term refers to the degree to which a party caused or contributed to an accident. This term is often used to determine whose auto insurance company pays for specific portions of damages incurred as the result of an accident. Automobile liability insurance: This refers to a type of insurance that provides coverage when a party causes an accident and either physical or property damage occurs. Bodily injury liability coverage: This type of insurance provides coverage for injuries or deaths to people involved in the accident other than the insured driver. This coverage kicks in if an insured person is legally liable for an accident and also provides coverage for defense costs if the insured is sued. Claims adjuster: A claims adjuster is a representative from an insurance company who investigates and settles claims. This person’s job is to ensure that all parties involved in an accident receive fair compensation. Collision coverage: A form of auto insurance that provides for reimbursement for loss to a covered vehicle due to its colliding with another vehicle, object or the overturn of the automobile. Comprehensive coverage: This coverage pays for any repairs not directly related to a collision. This includes damages from fires, thefts, windstorms, floods and vandalism. Covered loss: A covered loss is any damage to yourself, your vehicle, other people or property covered by your insurance policy. Declarations page: Sometimes referred to as an auto insurance coverage summary, this is a document provided by an insurance company. These documents list the following for policyholders: The types of coverage elected Specific limits for each coverage The cost of each coverage Specific vehicles covered by the policy Types of coverage for each vehicle covered by the policy Deductible: A deductible is the portion of a covered loss that a policyholder agrees to pay out of pocket. Endorsement: Any change, addition or optional coverage added to an insurance policy. An endorsement may require additional premium. Garaging location: A garaging location refers to the primary location you park your car when it’s not in use. Limits: Limits refer to the maximum dollar amount of protection purchased by the policyholder for specific coverages. State laws often require drivers to have a minimum level of coverage. Loss: Refers to direct and accidental damages to a person or property. Medical payments coverage: Coverage that pays for reasonable medical expenses and death benefits to a policyholder and any passengers injured in the event of an auto accident, regardless of fault. Motor vehicle report (MVR): MVRs are official records held by states that detail a driver’s licensing status, violations, suspensions and other infractions incurred over the last several years. These forms are often used to determine premiums. Named insured: The primary person the insurance policy is issued to. No-fault automobile insurance: This type of coverage is used to compensate victims of accidents without having to prove who caused the accident. Non-owners policy: This policy provides liability and add-on coverage for someone who does not own a vehicle. Personal injury protection coverage: Sometimes referred to as PIP, this coverage pays for medical expenses, and, in some states, lost wages and other damages, if a person is injured in an auto accident, regardless of who is at fault. This coverage often covers pedestrians struck by vehicles as well. Premium: A premium is the amount a policyholder pays to an insurance company for coverage. Primary use: Primary use refers to how a policyholder mainly uses his or her vehicle. Primary use options often include work, business, pleasure or farm use. Principal driver: The principal driver is the person who drives the insured vehicle the most. Property damage liability coverage (PD): If an insured person is legally liable for an accident, PD coverage pays for damage to others’ property resulting from the accident. PD also pays for legal defense costs if you are sued. Rental reimbursement coverage: This coverage reimburses you (up to a set daily amount) for a rental car if your car is being repaired due to damage covered by your auto insurance policy. Uninsured/underinsured motorist coverage (UM): This coverage helps pay for medical bills, pain and suffering related to bodily injuries caused by a driver who is uninsured or underinsured. Vehicle identification number (VIN): This is a unique 17-character sequence containing both letters and numbers that identifies a vehicle. If you need clarification on any terms or conditions when meeting with your insurance broker, don’t hesitate to ask. Doing so ensures that you fully understand your policy and get the coverage you need. To discuss your auto insurance needs, contact TPG Insurance Services today. Download the PDF version: Know Your Terms-Auto Insurance.pdf […]

Read More… from Know Your Auto Insurance Terms

Auto Insights – What to Do After a Hit-And-Run Accident

Posted on

What Is a Hit-and-run? When you’re involved in a vehicle collision and the other driver takes off without exchanging insurance information, this is commonly referred to as a hit-and-run. These incidents can leave you feeling frustrated and wondering what to do next. This article will examine what information to collect and who to contact following a hit-and-run. Download the PDF version:  Auto Insights – What to Do After a Hit-And-Run Accident.pdf This flyer is for informational purposes only and is not intended as professional advice. © 2019 MyTPG.com. All rights reserved. WHAT TO DO AFTER A HIT-AND-RUN Here are three things you should do in the event of a hit-and-run: 1. Record All Pertinent Information Write down as much of the other vehicle’s information as possible, including its license plate number, make and model, and color. Note the time and location of the hit-and-run. Be sure to record the direction the car was headed post-incident. It’s also important to take pictures of the scene and any damage to your vehicle. If there were any eyewitnesses, gather their names and contact information. 2. Call the Police Once all important information has been gathered, call the police immediately to file an accident report. When the police arrive, provide them with a description of the vehicle and the incident as well as names of any eyewitnesses. Not filing an accident report within 24 hours may result in you being considered “at-fault” by your insurer, which may affect the cost of your insurance premium. 3. Contact Your Insurance Company Once you contact your insurance company, the claims process will begin. If covered under your policy, your insurance company can assist you in towing your vehicle as well as finding a rental car. Safety First In the event of a hit-and-run, never try to follow or apprehend the fleeing driver. What’s more, leaving the scene could cause you to miss eyewitness accounts and may leave law officials questioning who’s really at fault. For more questions regarding your auto insurance coverage, contact your insurance agent for more guidance on the terms of your policy. Download the PDF version: Auto Insights – What to Do After a Hit-And-Run Accident.pdf […]

Read More… from Auto Insights – What to Do After a Hit-And-Run Accident