Businesses and Insurers Are Fighting Over Coverage for COVID-Caused Shutdowns

Posted on September 8, 2021September 8, 2021 by BGESGroup

Businesses and Insurers Are Fighting Over Coverage for COVID-Caused Shutdowns

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In courtrooms all over the country, battles are occurring between businesses who endured COVID-19-related shutdowns and insurance companies who believe they are not obligated to reimburse them for their losses.

According to the Covid Insurance Litigation Tracker from the University of Pennsylvania Carey Law School, more than 1,800 lawsuits have been filed in state and federal courts, over a third of them by restaurants and bars. They seek to make insurers pay for business interruption losses suffered by organizations forced to shut down by government order during the pandemic.

So far, the courts are mostly siding with the insurance companies, but not in all cases.

State courts have partially or fully dismissed 85 of 117 cases. Federal courts have dismissed nearly 400 out of 414 suits against insurers. An August 31 decision by a federal appellate court in Atlanta is representative: The court dismissed a dental practice’s suit against its insurer, saying, “We do not see how the presence of (viral) particles would cause physical damage or loss to the property.”

However, judges’ opinions are not uniform on this question.

Business interruption coverage

Business interruption insurance reimburses an organization for lost income and necessary continuing expenses when it must cease operations after its location is damaged or destroyed. Such coverage is typically included in commercial property policies.

Affected businesses argue that their buildings were essentially lost to them because of an unpredictable event. State and local authorities restricted their operations due to COVID-19 or prohibited them from operating at all. The shutdowns cost them tens or hundreds of thousands of dollars in income. Many may have to close permanently without insurance recoveries.

Insurers point to the words in their policies. Almost universally, the policies say that the carriers will pay for loss of business income resulting from “direct physical loss of or damage to covered property.”

The coronavirus, they argue, did not cause direct physical loss or damage. The buildings where the businesses operated are still there. The interior and exterior surfaces, furnishings and equipment all look the same.

To the insurers, property is damaged if it has been physically changed. The virus, they say, did not change the property, and in fact died out in a matter of hours if it was on the property at all.

In addition, many insurers added “virus exclusions” to their property insurance policies following the SARS epidemic of 2002 to 2004. These policy provisions state that the insurer will not pay for losses “caused by or resulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease.”

In insurers’ opinions, this wording reinforces that they never intended to cover losses from a pandemic. Most courts have agreed with them.

But not all…

Some state courts have allowed cases to proceed, finding that the phrase “direct physical loss of or damage to covered property” is open to multiple reasonable interpretations. An Oklahoma judge faulted insurers for not clearly defining the phrase’s meaning.

More than 100 cases are on appeal. It will likely be some time before courts resolve the argument over whether a microscopic virus inside of a building causes damage.

The takeaway

If your business suffered any adverse effects from the pandemic, particularly if ordered to close, it’s important that you keep an eye on these cases, but you must have filed a claim with your insurer.

These cases will continue to play out in the courts.

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 60+ insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages. We help contractors set up proper risk transfer. If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer, subcontractor screening, ways to lower your insurance costs.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits; 9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

Practice Safe Driving When Operating a Forklift

Posted on September 5, 2021September 5, 2021 by BGESGroup

Understanding Waivers of Subrogation

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Tens of thousands of forklift-related injuries occur every year in U.S. workplaces, most of them preventable.

Employees may be injured when a lift falls between loading docks and an unsecured trailer, and others are injured or even killed when forklifts are accidentally driven off loading docks.

According to Fed Osha, some of the most common types of forklift accidents are:

Forklift rollovers
Human impacts
Falling loads
Truck falling off a dock or trailer
Crushed by a forklift

Training

Common mistakes that cause forklift accidents include improper backing techniques, turning and failure to warn others about a forklift usage nearby.

Proper training and monitoring are crucial to avoiding forklift accidents and injuries. Employees need adequate training under close supervision in proper operational procedures and safety regulations.

Such training should include written operating procedures and safety regs, as well as the inspection guidelines and maintenance schedule for the machinery.

Forklift operating procedures should be clearly written and monitored. They should be posted where everyone can see them and include the obvious; everything from not giving rides to the need for good communication between those in the work area when the equipment is in use.

Inspection and maintenance

Furthermore, equipment requires continuous inspection and maintenance.

An operator should inspect the equipment every day before using the forklift, ensuring that the brakes and steering are in good working order. They should also check fluid levels and visually inspect for leaks beneath the equipment.

The final step in ensuring safe forklift operations is to make sure all machinery is kept in good maintenance.

If a forklift begins to show its age, it should be replaced. No employee should be forced to use equipment that is clearly unsafe or has not properly been maintained.

You may not think that a forklift that hasn’t undergone regular maintenance is dangerous: think again:

Brake failure can lead to an out-of-control forklift.
Broken tines can drop heavy loads.
Bald tires are more likely to skid, and
Dirty machines are more likely to contribute to fires.

The takeaway

Forklift safety is serious business. They are unwieldy, heavy machines with lots of blind spots. In a busy workplace, dangers abound.

So do the right thing if you have forklifts on your premises. Train your workers and keep the machines in good working order to avoid deadly consequences.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

Treat Your Insurance Policies as Valuable Assets

Posted on September 3, 2021September 8, 2021 by BGESGroup

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Even though your insurance premium payments appear on your books as an expense, you are in fact purchasing a valuable asset.

The law firm of Anderson Kill recommends in a blog that companies treat their policies as assets that must be actively managed if their full value is to be realized when they are needed.

It recommends the following steps for maximizing the value of your insurance policies:

Save your policies — Make sure that you retain your insurance policies and accompanying documentation. If you are considering destroying an old policy, make sure first to review your activities and the policy to make sure you may not need it to respond to a future loss or a new claim that dates back to the time the policy was in effect.

New claims that are related to others made during the policy period can also arise, as can claims that arise out of circumstances that were reported during the policy period.

Be smart about how you organize your old policies. If you have multiple lines of coverage, you may want to consider using a spreadsheet to keep them organized.

Review new policies immediately — Once you receive a new policy, make sure that it matches the certificate and/or your correspondence with your broker or carrier. If you review the policies upon receipt, you can identify any potential problems. At this point it is usually not too late to get any issues fixed. Wait too long and that may not be the case.

If you do find any discrepancies, your insurer may be able to issue a revision, endorsement or clarification. If they don’t, at least you’ll be on record disputing a portion of the policy and you’ll have proof you did not waive anything.

Review coverage after every loss — Whenever you are faced with a potential loss, you should immediately assess which of your policies would respond. You can call us for assistance if needed.

And if you think that a policy or policies may cover a potential loss, notify your insurance carrier promptly. This is important so that you are abiding by your policy’s “timely notice provisions” requiring that you give notice within a certain period of time once you become aware of a potential loss or liability.

Don’t let the matter languish until it becomes a full-fledged claim or wait to see if another party will pursue payment for an alleged liability.

This strategy will work in your favor. If you eventually decide to handle it on your own and not file a claim, there has been no harm for you or the insurer. However, if you fail to file the claim in the required period of time, you could well be setting yourself up for forfeiture of the claim. And if you do wait and the insurer disputes the claim, you could be in for a long and costly legal battle.

Mergers, spin-offs and acquisitions — If you are going through a merger or acquisition, you need to pay special attention to insurance issues. It may not always be easy to transfer insurance assets that cover both a division that’s being spun off and other parts of the operations.

While it’s desirable that insurance for a covered unit be transferred with the sale, this is not always possible, particularly if the insurance company decides not to approve the transfer. If it refuses, you may have to consider other means of transferring risk.

Call us if this is the case.

Additional insured? Ask for policy copy — If your company is named as an additional insured on another company’s policy, ask the other firm for a copy of the policy, and not just a certificate.

Once you obtain the policy, you can then review it to make sure that your company was properly added as insured.

Also, if you have a copy of the policy in hand, you’ll be better able to respond should a loss or a claim arise. You will know where and how to give notice, what coverage is available, what exclusions might apply, what other conditions might apply, and how deductibles, retentions and limits of insurance are allocated and calculated.

Conversely, if you don’t have a copy of the policy, you have effectively ceded all of the control over the loss and claims-making process to your contractual partner.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

Why Some Businesses Need Terrorism Insurance

Posted on September 2, 2021September 5, 2021 by BGESGroup

Understanding Waivers of Subrogation

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While the U.S. has escaped a major terrorist attack for a few years now, the threat is always present as there are many organizations and lone wolves that would like to do harm to people and property.

Besides the risk of loss of life and injuries, an act of terrorism can sink a small or mid-sized business. That’s because the standard business property insurance policy typically excludes coverage for terrorism.

There are usually two categories of effects from terrorism on enterprises:

Businesses that suffer direct damage to their property and assets from a terrorist attack.
Businesses that suffer indirect damage, such as business interruption as a result of being forced to shut down due to their proximity to an attack or an attack affects part of a supply chain the business relies on.

Meanwhile, payouts are also dependent up on how the government classifies an attack. Businesses with terrorism coverage have to wait for the U.S. Treasury Department defining an attack as either terrorism, civil disturbance or political violence.

All of these can cause businesses to shut down. One-third of insured losses resulting from the September 11 attacks in 2001 were from business interruption, more than any other coverage.

Terrorism insurance

Fortunately, the cost of terrorism coverage is relatively low compared to other lines of insurance.

Companies with a total insured value of less than $100 million paid a median of $62 per million in coverage in 2018, according to the “2019 Terrorism Risk Insurance Report” by risk-management research company Marsh. Prices differ depending on the industry and location, with construction paying some of the highest rates.

Some issues to consider:

Is terrorism coverage worth it for your business? It’s up to you to decide if it’s worth it. There is a wide range of factors that you’ll use to determine whether this coverage is wise. First, consider your location. If you’re in a small town, then your need for this coverage is likely much lower than a company located in New York City.If you are concerned, you can start by analyzing your current insurance coverage and determine if you are protected in the event of a terrorist attack. Many businesses don’t know they have gaps in their coverage for terrorism.

Consider the cost. Cost is another issue, though it will be tied to your location. In a small town you might pay as little as $25 for an entire year’s worth of coverage, but in larger metropolitan areas the rates are typically higher, although not by much.
What’s covered by terrorism coverage? A commercial terrorism policy covers damaged or destroyed property — including buildings, equipment, furnishings and inventory. It may also cover losses associated with the interruption of your business. Terrorism insurance may also cover liability claims against your business associated with a terrorist attack.

The takeaway

As with any type of coverage, the key to deciding if you need to add terrorism insurance comes down to a simple risk assessment. What do you stand to gain if you have the coverage and you need it, and what you stand to lose if you need it and don’t have it?

You can start by reviewing your exposures with us to determine the best way to handle this issue. We can help you make a decision that’s right for your company.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

Are You a Contractor Having a Hard Time Getting Worker’s Compensation Insurance? Now You Have a Company To Turn To for Help TODAY!

Posted on August 29, 2021September 5, 2021 by BGESGroup

Understanding Waivers of Subrogation

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Over the past years we’ve had hundreds of New York (We can help contractors who work in the tri-state area) contractors turn to us for help getting new Worker’s Compensation insurance because they were being cancelled for whatever reason.

The #1 cause for cancellation was poor loss experience. They had a few rotten apple employees that filed phony comp claims and drove their employer loss runs into the hundreds of thousands, millions in losses. Not only did it impact their workers compensation coverage but it also had a devastating affect on their general liability (New York Labor Law claims).

We had a restoration contractor with great ownership have in excess of 1.4 million in claims. Three to four claims were B.S. All with lawyers. Please note we go them coverage and at a better rate.

We had another demolition contractor with 650,000 in claims. This contractor hired a private investigator who would investigate each claim hours after it happened. One employee who was claiming he had back problems and loss of hearing had no issues when the private eye sent a woman to flirt with him on the street. He could hear perfectly and walk fine too. Please note we go them coverage and at a better rate.

The next reason is they were having audit issues with their company who created “phantom income” because their sales/payroll ratio was out of whack. Some had their payrolls moved to higher rated class codes. Some got charged for uninsured subs that had insurance. Fighting their company was like fighting “City Hall” and their company was sticking them for tens, hundreds of thousands of dollars when actually they were owed money.

We actually sat in on an audit with this company, had our client describe in detail what they did and their head auditor could care less, was an a__hole and charged them a $50+ rate. In the end we got help from the NYCIRB (who this company had to listen to) and the rate ended up being $13+.

Finally contractors are being non-renewed because they no longer fit their company’s underwriting guidelines. They sub out too much work. They operate at heights in excess of 2 stories.

Let us now introduce ourselves. Our company is called BGES Group and we specialize at getting contractors Worker’s Compensation insurance. Our owner has been working in the insurance industry since 1981 and can get the job done when others can’t! He is a walking encyclopedia of coverage and “street smart” too. He’s old school and he’s available to help Monday thru Sunday anytime you call. By the way when you call he answers his phone and doesn’t charge ridiculous service fees or policy fees. If you do a “Google Review” you will see that 51 people rave about him. Most important he is extremely trustworthy and interesting to talk to.

BGES Group represents all the best construction Worker’s Compensation programs including stand-a-lone workers compensation policies, payroll/wc policies, Professional Employer Organization (PEO) policies, state and assigned risk policies and we have a few other tricks in our bag to get you coverage when others can’t.

Take a minute now to watch our video. It will explain how we can help you and all the issues we can help solve for you.

We ask if you have a problem that you pick up the phone and call us right now. Doesn’t matter what time of the day or what day. We are here to help and WILL help…all it takes is for you to call. 914-806-5853.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Replacing policies that are being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits; 9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

New York Contractors! Sick and Tired of Being Gouged and Pillaged by Insurance Companies for Your Contractors Business Insurance Policies?

Posted on August 29, 2021September 7, 2021 by BGESGroup

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Are you a New York contractor who is sick and tired of paying through the nose for your contractor insurance? Looking for some how, some way of paying less but getting the right coverage? Do you feel your insurance broker is competent, his agency represents the right programs, ever hear from him?

Well that is about to change. But before we show you how we want to discuss issues within our industry that you never hear about. It’s our dirty little secrets.

Starting in 2001, we watched insurance company’s raise your rates 25% to 100% or more annually. One account we worked on had their General Liability premium go from $79,000 to $400,000. It was an insane!

More recently though we’ve seen companies raise rates 5% to 10%+ annually. This seems to be the trend. Where do they expect YOU to keep getting the money to pay? Think the corporate executives care? What they do care about is their bottom line, keeping their jobs and getting bonuses.

Are you dealing direct with an insurance company? They offer you the promise of saving money but do you really think they want to save you money long-term? They sucker you in with low prices and then raise your rates year in, year out. These companies are public companies, run by “White Shirts” and are about increasing their bottom lines so their stock prices go up. Their people are not the best trained (if they were why would they be working for an insurance company) and if you think they got you covered the truth is they got themselves covered.

Now switching over to the insurance agency side, here’s something to know. There are agencies that handle hundreds, thousands of accounts. Their customer service personnel are nice but overwhelmed with work and can’t think straight. They never look at your account unless you call. Never make coverage recommendations. Rarely shop your account. They are so inundated by daily problems, phone calls, paper work, renewals, you’ll be lucky to hear from them once a year.

How long does it take to get needed certificates, hours, days? Ever see your broker? Ever go through a “What You Need in Coverage List?” Can you get someone on the phone when needed or are people away from their desk, in meetings, out to lunch, on vacation? Are you constantly leaving messages and playing phone tag?

More agencies than you think have “Customer Service Representatives” (CSR’s) that are very inexperienced. They lack knowledge of construction insurance, your account and identifying potential loss exposures. Some have poor people skills and bad attitudes. Truth is these people are “Dangerous to Your Wealth” and you are relying on them for the right advice.

Some of you deal with very large agencies that keep growing through acquisition. Their interest is in volume and bottom line. They are constantly reorganizing so you never know who is servicing your account. It’s hard to form close working relationships. Ask yourself how one person can be on top of your needs if they are servicing 150-200+ sizeable accounts? They can’t, we know they can’t and you can end up with uncovered exposures which if there’s a claim can knock you out of business!

Now that we bashed are own industry we would like to tell you about where to turn.

How would you like to receive “First Class Service” at rock bottom pricing?
To deal with a 40 year insurance veteran who is an encyclopedia of knowledge?
A person who is one heck of a “Street Fighter?”
Like your account checked regularly and shopped to make sure you’re getting the right coverage at competitive rates?
How would you like to deal with a person who doesn’t charge ridiculous service fees (or any service fees) and is frugal when it comes to spending YOUR money?
Like to pick up the phone day or evening and speak to the same person without playing phone tag?
How would you like to feel confident and trust the person you’re dealing with?

We are old school. When we grew up there were milkmen, doctors making house calls, butchers, bakers, you had personal relationships and they knew your name and cared about you.

Now you can get this back! You can get that kind of service. You no longer have to be one in three thousand accounts and have inexperienced, paper pushing, brain exhausted people caring for your insurance needs.

Want a whole different experience? What no longer exists in our industry except though and handful of agencies? Want out of a factory and have back the doctor that makes house calls and has YOUR best interests at heart always and forever?

Call or text Gary Wallach at 914-806-5853 or email info@bgesgroup.com and get it back TODAY!

P.S. By the way we have “51 Five Star Google Reviews” and all of them rave about our service. Try us you’ll love us!

Coverages Offered:

Property
Inland Marine
General Liability
Umbrella Liability
Business Auto
Bonds
Workers Compensation – Not only do we have special programs for contractors but we can insure any industry for Workers Compensation.
N.Y.S. Disability
Group Health
Personal Insurance

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

Are You a New York, New Jersey Contractor Who Is Unhappy with Their Worker’s Compensation Pricing, Company or Audits?

Posted on August 27, 2021September 5, 2021 by BGESGroup

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Here Are Issues We Can Help You With:

Your Worker’s Compensation policy is being cancelled or non-renewed due to poor loss experience.
Your rates are exorbitant due to poor loss experience.
You deal with robot like people who can’t think out of the box.
You’re with a company who uses a composite rate for taxes and payroll service fees and you have no idea what you are really paying.
You have a high experience modification which is causing you trouble getting jobs and coverage.
You are with a Professional Employer Program (PEO) and can’t get needed reports, payrolls are not delivered on time, you have to wait 10 – 30+ minutes before you get someone on the phone. You have no one representative to deal with.
Audits are such a hassle to do with company. Feels like you are going through an interrogation.
You are in a state or assigned risk program yet you work in multiple states. BUYER BEWARE! You can be exposed to a large uncovered loss.
You have to wait hours, days for certificates of insurance.
Your insurance broker is never around when you need them. They never answer their phone. Are always away from their desk, in a meeting, out to lunch, takes days to hear back from them.
The Insurance agency you deal with has limited choices. The customer service representatives are inexperienced and usually can’t think out of the box.

Here’s what we can offer you:

You will deal with one person who has 40 years experience.
This person is a great problem solver and can think out of the box.
This person is an encyclopedia of knowledge.
This person knows the ins and outs of the system.
They have connections and can get the job done for you.
They are street fighters yet know how to talk to people.
They will always be there when you have an issue.
You can trust this person because he always does what he says he’s going to do.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

Housekeeping Makes for a Safer Workplace

Posted on August 26, 2021August 27, 2021 by BGESGroup

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Housekeeping Makes for a Safer Workplace

One of the best ways to avoid workplace injuries is through regular housekeeping and tidying up.

Though businesses are not required to have written housekeeping procedures, keeping a tidy and organized workplace makes the job of safety compliance easier.

Orderliness minimizes obstacles and potential safety and health threats such as spills and trip hazards. Here’s how to get started on a housekeeping program for your printing facility or warehouse.

Your written program should set standard procedures for daily, weekly, monthly and even annual clean-up procedures.

You should develop specific tasks and expectations for each different work area. For example, office housekeeping procedures would differ drastically from housekeeping concerns in the warehouse, and loading dock areas may have different needs than production or distribution.

Here’s what your policy should cover:

Cleaning and organization — Cleaning and organization must be performed throughout the day, not just at the end of the shift. Integrating housekeeping into jobs can help ensure this is done. A good housekeeping program identifies and assigns responsibilities for the following:

Clean-up during the shift
Day-to-day clean-up
Waste disposal
Removal of unused materials
Inspection to ensure clean-up is complete. This also allows you to identify deficiencies in the program so you can make changes.

Maintenance — You should schedule regular maintenance of buildings, equipment and machinery to ensure they are in safe, efficient working order and in good repair. It includes maintaining sanitary facilities and regularly painting and cleaning walls.

It also means fixing broken fixtures, defective plumbing and broken walking surfaces, all of which can result in injury to your workers.

Dust and dirt removal — Regularly sweep, mop or vacuum all areas of your facilities. You may need a regular vacuum cleaner for offices and carpeting, industrial models for warehouses and production areas, and special-purpose vacuums for removing hazardous products.

Surfaces — Poor floor conditions are a leading cause of incidents, so cleaning up spilled oil and other liquids at once is important.

Allowing chips, shavings and dust to accumulate can also cause incidents. Trap them before they reach the floor or clean them up regularly to prevent accumulation.

Areas that cannot be cleaned continuously, such as entrance ways, should have anti-slip flooring. Keeping floors in good order also means replacing any worn, ripped or damaged flooring that poses a tripping hazard.

Light fixtures — Dirty light fixtures reduce essential light levels. Clean light fixtures can improve lighting efficiency significantly.

Aisles and stairways — Keep aisles and stairways clear by removing any items that impede or prohibit movement.

Spill control —When spills do occur, it is important to clean them up immediately. Absorbent materials are useful for wiping up grease, oil or other liquid spills. Used absorbents must be disposed of properly and safely.

Tools and equipment —Tools require suitable fixtures with marked locations to provide an orderly arrangement. Returning tools promptly after use reduces the chance of them being misplaced or lost. Any stray tools not in use should be put in their proper place.

Workers should regularly inspect, clean and repair all tools and take any damaged or worn ones out of service.

Waste disposal — Waste should be disposed of on a daily basis, and not be allowed to accumulate in work areas where it can pose a tripping or slipping hazard.

Place containers near to where waste is produced.

Storage — Inventory, parts, supplies and other inputs (like paper in a printing facility) need to be stored in a manner that does not cause a danger to employees. Stockpiles should not interfere with work.

Stored materials should not obstruct aisles, stairs, exits, fire equipment, emergency eyewash fountains, emergency showers or first aid stations. All storage areas should be clearly marked.

The last word

Housekeeping procedures demand input from all employees if they are to be specific to each area. Have the people who work in each area identify the main housekeeping issues for you.

Once you have received the input from employees, you can draft final copies of the housekeeping procedures and distribute for final approval or for actual use. You should hold a safety meeting with staff in each department, so workers know what their housekeeping duties are.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

Protecting Your Firm as an Additional Insured

Posted on August 24, 2021August 27, 2021 by BGESGroup

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In the course of doing business, you may sometimes find yourself entering into contracts requiring that your business be named as an additional insured on another party’s insurance policies.

This is often done to make sure that your own insurance is not depleted by defense and indemnification costs for losses for which you may be legally liable as a result of the business relationship you have with the other party, and that are not due to your own firm’s direct negligence.

An additional insured is defined as an individual or entity that is not automatically included as an insured under the policy of another, but for whom the named insured’s policy provides a certain degree of protection.

When to opt for additional insured status
There are many instances when you may want your firm included as an additional insured on another’s policy. Here are just a few examples:

If you are a building owner, you want to be an additional insured on the property and general liability insurance of your tenants in case one of them damages your building or in the event that a visitor to the property is injured.
If you are the owner or a contractor on a construction project, you want to be an additional insured on the general liability insurance of your contractors and subcontractors in case there is an injury to one of their employees.
If you are a distributor or a retailer, you may want to be an additional insured on the insurance programs of the manufacturers of the products that you sell.
If a contractor comes onto your property to perform work of any type, including erecting displays or other maintenance or structural work, you will want to be named as an additional insured on their policy in case the display falls on someone, or someone is injured due to the work they are performing. You don’t want to be held responsible for any dangers or injuries created by the contractor’s work.

If you are to become an additional insured on another company’s policy, you need to confirm that the other party has indeed named your company as an additional insured with its insurance company. Their word alone is not good enough.

You should demand a copy of the policy that explicitly lists your company as such. You want to see a copy of the policy and not the certificate of insurance, which is not sufficient proof that your company has been added.

Additional insured status is effectively conferred through an additional insured endorsement to the other party’s original insurance policy. An endorsement essentially serves as an amendment to the terms of an insurance policy that is incorporated into the relevant insurance policy.

These amendments can take the form of an endorsement that specifically names a particular additional insured, or a general endorsement that identifies some class of parties as additional insureds.

But, if there is ever a dispute about your company’s status as an additional insured, you will want to have in hand not only the other party’s certificate of insurance, but also a copy of the policy itself and the endorsement that makes your company an additional insured.

Ensuring your status is properly secured

There are a few best practices that you can implement to help make certain your firm’s status as an additional insured has been properly secured:

At a minimum, always insist on receiving a copy of the relevant additional insured endorsement, as this is the instrument that establishes additional insured status;
An additional insured endorsement does not, however, state an insurance policy’s terms and conditions. In order to avoid being surprised by unexpected policy terms (such as strict notice requirement or unfavorable notice of cancellation provisions), you should ask for and receive a copy of the entire insurance policy under which you are an additional insured, and be sure to read it; and
Retain additional insured endorsements and the relevant insurance policies for as long as there is any potential that claims triggering those policies might be made.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com

Understanding Waivers of Subrogation

Posted on August 24, 2021August 27, 2021 by BGESGroup

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Suppose an air conditioning contractor, while installing a system for a new industrial building, has an accident. Another contractor’s employee on the job site suffers injuries when the AC contractor’s scaffolding collapses and falls on top of him. The injured worker sues the AC contractor and the project owner. The project’s contract included a requirement that the contractor assume the owner’s liability for any accidents arising out of the contractor’s work. Consequently, the contractor’s general liability insurance company pays the injured worker for both the contractor and owner’s shares of the damages. The insurance company, however, has determined that the owner was twenty percent responsible for the accident. It files a claim with the owner demanding some of its money back.

The insurance company’s action is entirely legal. Many project owners and general contractors, wanting to avoid this situation, insist that their subcontractors agree to a waiver of subrogation.

Subrogation is a legal principle in which a person who has paid another’s expenses or debt assumes the other’s rights to recover from the person responsible for the expenses or debt. For example, if someone hits your car in a parking lot and causes significant damage, your insurance company will pay you for the damage (assuming you bought collision insurance,) then recover the amount of its payment (subrogate) from the other driver (or, more commonly, from the driver’s insurance company.) Subrogation holds ultimately responsible the person who should pay for the damage.

Owners and general contractors want to transfer their liability to subcontractors, to the extent that they can. Therefore, contracts often include a waiver of subrogation agreement. In such an agreement, the subcontractor promises not to pursue recovery from the other party. That agreement might bind the subcontractor’s insurance company, depending on the type of policy and its terms.

A standard commercial general liability policy forbids the policyholder from doing anything to impair the insurance company’s rights after the loss occurs. This implies that a waiver of subrogation agreed to before a loss binds the company. Also, the sub’s policy may protect the other party if it names him as an additional insured. Under common law, an insurance company may not subrogate against its own insured. To remove any doubt, the sub should ask the company to add an endorsement applying a waiver of subrogation to the person or organization named in it. Insurance companies vary on the amount of premium they charge for this; some make no charge at all.

The standard business auto insurance policy has language similar to the general liability policy. Unlike GL insurance, there is no standard waiver of subrogation endorsement for auto insurance. Some insurance companies may offer their own versions of such an endorsement. Again, premium charges will vary.

Workers’ compensation policies require an endorsement whenever a waiver of subrogation is desired. This endorsement may apply on a blanket basis to all parties with whom the insured has written contracts requiring waivers. Alternatively, it can apply only to the party listed on its schedule. The insurance company may charge up to two percent of the policy premium for blanket coverage or two to five percent of the project’s premium for individual coverage.

Commercial property and inland marine insurance policies vary as to whether they permit waivers of subrogation even before a loss.

In all cases, a contractor or building tenant who is required by contract to provide such a waiver should check the relevant insurance policies. Policy changes should be requested if it is unclear whether they permit pre-loss waivers. The firm should consult with an insurance agent on all insurance-related contractual matters to ensure that the proper coverage is in place.

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

e-mail: bgesgroup@gmail.com

website: http://www.bgesgroup.com