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Commercial Insurance Rates Continue Climbing

Commercial Insurance Rates Continue Climbing

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Despite the ongoing COVID-19 pandemic, commercial insurance rates are continuing to move higher, pretty much across the board with the exception of workers’ compensation.

A new report by online insurance exchange MarketScout found that in the third quarter of the year the highest rate increases were in liability lines, but hefty rises in property insurance were also noteworthy. Most of these rate hikes were occurring before the COVID-19 pandemic, but their magnitude increased recently.

“The composite rate is up 6.25% for the third quarter of 2020, as compared to up 4.8 percent in the second quarter. Rates began adjusting upward at a quicker pace in September,” said Richard Kerr, CEO of MarketScout. “We expect the fourth quarter 2020 will reflect continued aggressive rate increases in property, D&O and umbrella/excess liability coverages.”

Here’s what MarkeScout found:

  • D&O rates increased 11.5%.
  • Umbrella and excess liability rates climbed 8.5%.
  • Commercial auto rates jumped 8%.
  • Professional liability rates increased 7.5%,
  • Commercial property rates rose 7%, and
  • Workers’ compensation rates inched up 0.5%.

Arthur J. Gallagher, in its own report, attributed commercial rate increases to:

  • A spike in large weather-related loss events and catastrophes,
  • Historically low interest rates,
  • Industry-wide rapid increases in liability losses, and
  • The global pandemic and resulting economic uncertainty.

Below we’ll look at what’s driving rate increases in individual lines of insurance.

Directors & officers liability

One of the most stressed lines is D&O insurance, rates for which have been on a steady rise for a few years. In fact, increased litigation and hefty court judgments against the top brass at businesses around the country have resulted in substantial payouts by insurers.

Gallagher noted in its report that all of its clients are seeing increases in their D&O coverage, although publicly traded companies are witnessing far higher increases than privately held firms. But insurers are also pulling back and writing fewer policies, which in turn feeds into higher rates as the supply diminishes. Some insurers have stopped taking on any new D&O accounts.

General liability and umbrella

Rates for these coverages continue climbing due to a number of factors, including large judgments, the cost of litigation and a rising tide of lawsuits against businesses. Gallagher noted that the median verdict for the top 50 cases has doubled in the past four years.

Another factor that could affect future rates is the liability effects of the COVID-19 pandemic and if businesses will see a new groundswell of lawsuits for failing to adequately follow and communicate public health guidelines. As a result, some insurers have started including communicable disease exclusions in their liability policies.

In addition, insurance companies have scaled back on policy limits, according to Gallagher.

“Carriers are also restricting the amount of limit they are willing to put forth, or

repositioning their capacity at a higher level. For example, carriers that have

historically offered $25 million lead umbrella policies are now limiting their lead

positions to $10 million or less, in most cases,” the company wrote.

Commercial auto

Rates continue rising in commercial auto, despite a drop in claims due to the pandemic. The increases in commercial auto premiums over the past few years have been down to an increase in distracted-driving accidents and deaths, escalating medical costs and climbing repair costs.

 

Property

Property insurance rate inflation is largely due to the increasing number of natural catastrophes occurring throughout the country. Hurricane activity and intensity continue to grow, as does the frequency and destruction of wildfires, tornados and flooding.

In response, commercial property insurers have been making changes to coverage terms and conditions, increasing deductibles and shrinking policy limits. These moves have been especially pronounced in areas with higher exposure to natural catastrophes.

The takeaway

With markets hardening, now is a good time to double down on your risk management efforts to reduce your exposure however you can. Depending on the insurance those efforts will take different forms, such as better protecting your properties against catastrophes or training your driving employees regularly in road safety.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group

Legal Traps to Avoid When Dealing with FMLA Requests

Legal Traps to Avoid When Dealing with FMLA Requests

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If you are confused about navigating the federal Family and Medical Leave Act, here’s a handy list of mistakes to avoid.

Firing – It would be a bad idea to fire an employee if they’re unable to return to work following the end of FMLA leave that is due to their serious health condition. Better to find out if the employee is entitled to any additional time off under employment laws or through company policies.

The Americans with Disabilities Act (ADA) may consider granting of additional leave “reasonable accommodation,” in legal terms.

That definition comes from determining whether the employee’s condition is a disability. Under the ADA, most serious health conditions as defined by the FMLA are considered disabilities. If you’re in doubt, ask your legal counsel for advice.

Then you have to figure out whether the requested time off is legally considered “reasonable.” Under the ADA, you as an employer don’t have to grant leave as an accommodation if it poses “hardship” or “undue hardship.”

Miscalculation – You are able to calculate FMLA leave by either calendar year, any fixed 12-month period, or the 12 months measured forward from when an employee’s FMLA leave begins. It can also be calculated backward from a 12-month period from the date an employee uses the leave.

Deadlines – Meeting FMLA deadlines for processing requests for leave under its guidelines is critical. Within five business days of learning an employee needs FMLA leave, you must provide them with the “Notice of Eligibility Rights and Responsibilities Form,” or something similar that your company has prepared.

Next, if you require the employee to file a certification form, you must allow them 15 calendar days to do so. Then, within five business days of receiving the certification form, you must provide the employee with an FMLA designation form that tells them whether the request has been approved.

But if the certification form is incomplete or insufficient, you then must allow the worker seven calendar days to make necessary corrections in the form. You must give a written notice to employees of all deadlines, and the consequences of failing to meet them.

Bonuses – Some confusion has arisen over how to determine an employee’s bonus eligibility when they haven’t been able to meet bonus objectives due to FMLA leave. You can disqualify an employee for failing to meet bonus objectives even if they are on FMLA, as long as employees on similar leave are treated the same.

So, an employee who used vacation leave during an FMLA leave should be treated the same as one who used vacation while not on FMLA leave, be it paid or unpaid.

Reassignment – If you want to reassign an employee on FMLA leave for better efficiency, you can only do so for employees who need intermittent or reduced schedule leave.

Reassignments can be done for the employee, family or covered service member if such leaves are a planned medical treatment, a period of recovery from a serious health condition, or due to the birth of a child or placement of a child into adoption or foster care. Beyond that, the reassignment is to be only as long as is required by the leave period.

You are also prohibited from transferring employees to a position to discourage them from taking FMLA leave. That means you can’t demote them from accounting to janitor, even if their pay and benefits remain the same at the reassigned position.

You must make sure, however, that benefits and pay stay the same in the reassigned position. Otherwise, you may be seen as interfering with the individual’s FMLA rights.

Meanwhile, you may not require a transfer to another job when the employee’s need for an intermittent or reduced schedule is unforeseeable.

The takeaway

As you can see, the FMLA is a veritable minefield for employers and, if an employee requests leave under the law, you must make sure you don’t do anything to infringe on their rights, lest you open your organization to being sued.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group

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Performing a Thorough Background Check

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Employment background checks are not just for executive-level management. A thorough background check should be performed to avoid making any assumptions about an employee’s history.

To help you get started, here are some essentials of a complete background check:

Current address – Confirm a current address through a telephone directory, confirmation with landlord, rental or mortgage company, or county tax office.

Former addresses – Confirm prior addresses through former employers, credit agencies, or by contacting landlords of former residences.

Other detailed information you might choose to verify is the amount of rent or mortgage paid, whether it was paid on time, details of complaints made against the applicant, whether their former residence was left in good order when vacated, whether they left on their own accord, and any eviction details, if applicable.

Current and former employers – Employers are reticent about providing too much information on current or former employees, since negative references occasionally result in lawsuits.

Most employers will verify an employee’s job title, length of employment, starting and final salary, and reason for leaving. You might obtain resume’ data on old application forms to compare with the resume’ of the person you are considering for the position.

A more detailed background check might include trying to establish contact with the applicant’s immediate supervisor or manager. Again, there are legal limits on taking this route and there is a fine line between gathering information and invasion of privacy.

Obtain the applicant’s permission in writing if necessary. Protect your liability exposure by discussing the legality of the background check with your company’s lawyer beforehand.

Education – Transcripts from most secondary institutions can usually only be obtained either by the applicant themselves or through a signed release that includes enrollment dates, department and subject of study or major, student identification number or Social Security number, and date of birth.

A photocopy of the degree or certificate should be obtained for verification, if possible. Contact the applicable registrar’s office and they will be able to specify what is required to release information.

Additionally, verify that the college is legitimate. Fake diploma mills offer degrees from fictitious institutions possessing names very similar to known established educational institutes, so do not  automatically assume you recognize the name.

Credit check – This is not legal in all states, so check your local laws or with an attorney before acting. Usually there are exceptions to the rule for certain fiduciary positions, even in those states.

A credit check is usually required in those situations where the position involves security, fiduciary responsibility, or bonding. Verify that all information provided in the credit check conforms to the information provided on the application.

Poor credit references should be cross-referenced and authenticated.

References – All personal references listed by the applicant should be contacted. If it is a basic employment check, the integrity of the applicant’s personal character can be established by phone.

Detailed checks may necessitate personal contact to meet with the references face to face, as the references given might provide information prejudicial in favor of the applicant.

Miscellaneous – Additional items which may be of relevance include drug tests, criminal records check in all states listed on the application form, driver’s abstracts and records check on civil suits.

The takeaway

Be methodical and take the time to perform a thorough background check that satisfies the need of your business.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group

Proposed Rule Makes Independent Contractor Classification Easier

Proposed Rule Makes Independent Contractor Classification Easier

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The federal Department of Labor has proposed a regulation that would make it easier for employers to classify workers as independent contractors.

The regulation would use an “economic reality” test to determine a worker’s status. This means that if worker is an employee of a hiring entity “as a matter of economic reality, the individual is economically dependent on that employer for work.”

Conversely, the individual is an independent contractor “if the individual is, as a matter of economic reality, in business for him- or herself.”

The proposed rules are a looser standard than current DOL regulations and would allow employers to classify outside workers as independent contractors more easily.

Whether a worker is an employee or an independent contractor is critical when it comes to important issues such as benefits eligibility (health insurance, vacation), workers’ compensation coverage, wage and hour laws, and many other matters.

The department said that the rule is designed to “bring clarity and consistency to the determination of who’s an independent contractor …” Currently, courts, the DOL and other agencies consider numerous factors when making that determination. For example, the Internal Revenue Service looks at as many as 13 factors.

The proposed rule

To determine whether the individual is “economically dependent” on an employer, the proposed regulation employs five factors, with the first two being the “core” factors and none of them on their own tipping the balance. The core factors are:

  • The nature and degree of the individual’s control over the work – This means how much control the individual has over work hours, project selection, and the ability to work for others who might be competitors of the employer.
  • The individual’s opportunity for profit or loss – This looks at the individual’s opportunity to make or lose money “based on his or her exercise of initiative” and spending on materials and labor to further the work.

The other factors, called “additional guideposts,” are:

  • The amount of skill required for the work – This means “the extent the work at issue requires specialized training or skill that the potential employer does not provide.”
  • How permanent the working relationship is between individual and employer – If the relationship is “by design definite in duration or sporadic,” the regulation would tend to classify the individual as an independent contractor.
  • Whether the work is part of an integrated unit of production – This means whether the individual’s work is separate from the employer’s production process or a part of that process. Separate work implies independent contractor status.

It is important to note that the regulation does not mention as a factor the form the employer uses to report income to the IRS. The mere fact that an employer reports an individual’s compensation on Form 1099 has no bearing on whether that person is an independent contractor. This is contrary to the belief of many employers.

The takeaway

The proposed rule would make it easier for employers to designate individuals as independent contractors.

Groups such as the American Trucking Association have praised the proposal, while a workers’ advocacy group said that “construction workers, agricultural workers, janitors, home care workers … all stand to lose from this rule.”

The public has the opportunity to send comments to the DOL on the proposed regulation until Oct. 26. The department reportedly wants to make the regulation permanent before the end of the year.

The concern is that President Trump may lose his bid for re-election and that his opponent, Joe Biden, may block the regulation from taking effect.

If you are an employer, it is unclear whether the workers you hire are independent contractors. Depending on the outcome of the presidential race, it may not be much clearer in the future.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group

Why Your Business May Need Pollution Insurance

Why Your Business May Need Pollution Insurance

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Many businesses that produce some type of pollutant throughout the course of daily business operations don’t know they are doing so.

Others know they are producing pollutants and have processes and safeguards in place to reduce their release into the environment. A business can be held liable for some very costly damages when these byproducts pollute another property or harm another individual.

Pollution liability clauses were once part of general liability policies, but the extensive asbestos problems in the 1970s spurred most insurers to remove pollution protection from their general liability policies.

Today, pollution liability coverage is obtained through a separate pollution insurance policy. Pollution insurance policies are written for businesses of all sizes, shapes, and forms – from pig farms and printers to apartment complexes, salons, and dry-cleaning businesses.

Why pollution insurance?

Many businesses run the risk of creating pollution during normal daily operations.

There’s also a risk from any existing pollution already on a business’s site of operation. In either case, a business could be held liable if its pollution ends up on a third party’s property, causes damage to the property or harms an individual.

Without insurance, the business would be on the hook for paying for those damages out of pocket.

 

What do policies cover?

The basic premise of a pollution policy is that an insured party gets a claim related to damages caused by pollution it caused.

This insurance will protect your financial interests in the event a clean-up becomes necessary. Buying pollution liability insurance will cover your interests against lawsuits where a third party could be injured by a toxic substance produced as a result of your work.

Like most types of insurance, the specifics of a pollution policy can vary somewhat from insurer to insurer.

Depending on the insurer, a pollution policy will typically cover

  • Damage to properties and individuals
  • The cost of cleaning up pollution on a third party’s property
  • Pollution incidents that occurred after the policy was
  • Investigative, legal, and court costs should the claim enter the legal system.

  

Who needs coverage?

Businesses that have risks related to the handling of pollutants and hazardous materials, design professionals who work with projects where there are environmental issues as well as those who own and occupy premises that have environmental issues need pollution liability insurance.

This includes:

  • Property owners and tenants whose buildings and land have a history of having pollutants on the property or premises. This would include a building on land that had an underground storage tank that leaked fuel oil before it was removed, contaminating the soil.
  • Contractors such as roofers who handle pollutants like tar as a part of their operations need contractors pollution liability insurance to cover damage resulting from a pollution incident.
  • Architects and engineers who are involved in projects that have issues related to pollutants need to add pollution liability to their errors and omissions insurance policy to manage the risk of making a mistake regarding the presence or absence of pollution issues as they plan and execute a project.

 

The takeaway

Don’t overlook pollution insurance as an important element of risk management. Should any questions or concerns about pollution insurance and insurance requirements arise, call us.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group

Don't Get Caught without a Business Succession Plan

Don’t Get Caught without a Business Succession Plan

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Many business owners may be good at running their companies, but the majority of them are failing to address essential long-term planning that is critical to sustaining their businesses.

The one area that the majority of business owners often neglect is planning for business continuity if they die or become disabled, according to the “MassMutual Business Owner Perspectives Study.”

While the question of your death or disablement is not one that’s fun to ponder, it makes good sense for business owners to put plans in place in case the worst happens. This is especially important now amid the COVID-19 pandemic which has put the issue front and center for many business owners who want to ensure their company can survive should they become incapacitated or pass on.

One of the main ways to ensure your business’s survival is to have a buy-sell agreement, which would prompt the sale of your company in the event that you are unable to run it any longer.

Business owners in the survey identified these concerns:

  • The effect on the business of the death or disability of the owner or key employee.
  • Protecting the business from disability and death of an owner or key employee had the second and third highest levels of importance (44% versus 42%, respectively). However, these two pillars were not very top of respondents’ minds, with 55% saying they rarely or never think about the effect of disability and 59% saying they rarely or never think about the effect of death.
  • Of those with a buy-sell agreement in place, just over half said it was funded with life insurance, but only 5% said it was funded with disability buy-out insurance. The rest were either funded with cash flow from the business or not funded at all.

What’s a buy-sell agreement?

A buy-sell agreement, also known as a buyout agreement, is a legally binding agreement between co-owners of a business that governs the situation if a co-owner dies or is otherwise forced to leave the business, or chooses to leave the business. If the business has just one owner, then the agreement should specify who would be buying the company and continue its operation.

A buy-sell agreement should be designed to protect the business from the five D’s – death, disability, divorce, departure and disqualification.

When properly executed, a buy-sell agreement can help ensure the continuity of the business when ownership needs to change hands for any reason. It is a legally binding agreement that requires one party to sell and another party to buy ownership interest in a business when a triggering event occurs, such as the death, disability or retirement of an owner.

This agreement structures the method and manner in which the business will continue in the event of the owner’s death.

In a 2003 article for Franchising World magazine, Patrick Olearcek explains: “The proprietor and one or more key employees [or partners] enter into an agreement which provides that the proprietor’s estate will sell the business to the employee at death.

By agreeing to buy the company, the key partner, employee or associate relieves the owner’s family of the responsibility, and instead provides them with a lump-sum payment. A key employee, as opposed to the owner’s family, is in a much better position to continue the business operations properly.

Funding the agreement

The majority of buy-sell agreements are funded with life insurance. In the case of a sole proprietorship, a policy covering the life of the owner is typically bought and paid for by the key employee who has agreed to purchase the business.

The employee is also the beneficiary of the policy, which has a death benefit equal to the pre-determined purchase price of the business. Upon the death of the owner, the employee would receive the proceeds of the life insurance policy, then transfer that money to the owner’s heirs in exchange for all interest in and assets of the business.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group

This Insurance Can Help You Survive Another Business's Disaster

This Insurance Can Help You Survive Another Business’s Disaster

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In October and November of 2011, floods inundated large parts of central Thailand, including thousands of factories that made everything from automotive parts and hard disk drives to eyeglass lenses and air conditioners. In addition to the human and economic cost in Thailand, the disaster affected businesses around the world.

Carmakers in Detroit shut down because they could not get the parts they needed and half of the world’s hard disk drive production was wiped out, leaving computer manufacturers with stalled assembly lines. When disasters like this occur, businesses around the globe feel the effects.

In addition to making advance arrangements for alternative suppliers, businesses can protect themselves by purchasing two types of insurance coverage: Contingent business interruption, and supply chain insurance.

Contingent business interruption

Contingent business interruption insurance, also called business income from dependent properties, pays for a business’s lost profit plus continuing expenses when it must slow or stop operations because of damage to another business’s property.

These other businesses can be customers or suppliers. For example, if a motorcycle dealership was left with no bikes to sell because its supplier in Japan suffered a fire, the insurance would make up part of the lost income.

The damage must result from a cause of loss that the insurance policy covers, such as fire or a hurricane. This is important because standard property insurance policies do not cover losses caused by catastrophes such as floods and earthquakes.

Supply chain coverage

Supply chain insurance takes contingent business interruption a step further. It covers income lost because of damage to a supplier’s or customer’s property. However, it also covers losses resulting from events that do not cause physical damage. These may include:

  • Labor disruptions
  • Production process problems
  • Trade disputes
  • Wars
  • Political turmoil
  • Closed roads, bridges, railroads and shipping channels
  • Public health crises
  • Actions by regulators
  • Financial difficulties

Businesses often have different tiers of suppliers, with key suppliers in the top tier and less important ones in the lower tiers. It is common for them to insure only the top tier.

However, insurers are increasingly offering multi-tier coverage. This applies to the business’s entire supply chain. Multi-tier coverage provides a more comprehensive solution for the business while also spreading out the insurer’s risk.

Some insurers offer options. One lets policyholders choose between measuring losses in terms of gross earnings or number of units from the supplier. Some also offer agreed-value coverage, which eliminates penalties for buying amounts of insurance less than the amounts of value at risk.

Businesses should determine where they are vulnerable to supply chain losses and develop back-up plans for dealing with unexpected disruptions. These could include reserves of the needed supplies and contracts with alternative suppliers.

Insurance can help the business recover from a supply chain loss after the fact. Advance planning can help make that loss as small as possible.

If you would like to know more about business interruption insurance, don’t hesitate to contact us.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group

Home-Based Business Not Covered by Homeowner's Policy

Home-Based Business Not Covered by Homeowner’s Policy

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With recent advances in both technology and the internet, and many people working from home or having been laid off due to the COVID-19 pandemic, many Americans have or are planning to start a home-based business.

But will your homeowner’s policy cover the risks of a home-based business? In nearly every case, the answer is no.

Exceptions exist in the form of special endorsements, such as an endorsement to run a child-care operation from your home, but fewer and fewer companies offer such endorsements.

Even with a special endorsement, policies may give a very limited amount of coverage for business property, like computers and other electronics. The bottom line is, nearly all homeowner’s policies clearly exclude business operations and not having a proper coverage in place can leave you with uninsured exposure. This is why you need separate business insurance to cover your home-based business risks.

Business insurance

Home-based business owners may feel that they don’t need coverage because nobody steps foot on their premises. Even if this is true, liability claims often happen away from the business premises. Business insurance covers you in situations where someone takes action for information on your website, or if someone is injured by the product, or service, you provide.

Off-premises injury can occur when someone trips on or is injured by property you have taken into the field, such as to a trade show or event. A business policy will cover these injuries as well as meet the insurance requirements of most trade shows and events you may attend.

Competitors and customers both may sue a business owner for personal injury. Business policies include coverage for personal injury lawsuits, should someone take legal action against you for things like libel or slander.

From a property standpoint, any business property you may have in your home is usually excluded or has very limited coverage under a homeowner’s policy. Getting coverage to protect your computers, equipment, furniture, inventory and any other physical assets helps keep your business in operation with minimal disruption and financial loss.

A business policy also usually covers loss of income, which is payment for income you did not earn as a result of a loss covered under your policy. Policies may also include coverage for things like valuable papers, damage to property of others, property coverage off-premises and a number of other additional coverages.

A business owner’s policy includes the coverage described above and is specifically designed to protect the unique interests and property of the owner of a business. This package policy includes nearly all of the coverage you need.

Other coverages

However, if you are providing some kind of professional advice, consulting or other non-tangible professional services, you may also need a professional liability policy. This is also known as errors & omissions insurance. In addition, if you have any employees, you are probably required by law to get workers’ compensation insurance.

Depending on the type and size of business you own, you may have yet further insurance needs.

The takeaway

Hoping that your homeowner’s policy is going to cover you in the event of a claim will leave you frustrated if your business experiences a loss.

Businesses have a much higher risk than a homeowner’s policy allows for, and homeowner’s claims adjusters will quickly deny coverage for business-related claims in the event of a loss. Talk to us today to explore your home-based business insurance needs and options.

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.

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. 

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                       

 

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

© – Copyright – 2020 – BGES Group

Injury and Illness Prevention Plans Save You Money, Period!

Injury and Illness Prevention Plans Save You Money, Period!

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Employees are your most valuable assets, but many businesses overlook the importance of having a workplace safety program in place to protect them.

Loss control is about employers caring for their workers’ safety. Successful loss control programs are means of reducing injuries and the severity of a potential accident.

If you want to reduce the costs and risks associated with workplace injuries and illnesses, you need to address safety and health right along with production. You should start by writing a plan and see that it is put into practice. Specifically, that means creating and implementing an Injury and Illness Prevention Program.

The IIPP will identify what has to be done to promote the safety and health of your employees, and the safety of your worksite. Elements of your IIPP should include:

  • Assignment of responsibility
  • Communications
  • Compliance
  • Inspections
  • Investigations
  • Correcting unsafe conditions
  • Training
  • Record-keeping.

Taking this approach to loss control will make the workplace safer, decrease workers’ compensation and overtime costs, reduce turnover rates, and minimize the risk of Occupational Safety and Health Administration fines – all of which in turn will increase productivity and profits.

Loss control starts with an authentic commitment from management. You should also ensure that supervisors, managers and employees are all on board and, together, the collaborative teams will achieve success.

Hazard assessment, evaluation, action-planning, problem-solving, implementation, record-keeping and documentation are the steps for a successful loss control plan.

Open communication is vital

Open communication with employees is important to facilitate a successful loss control program. Employee cooperation is connected to everyone understanding what the program is all about, why it is important to them and how it personally affects them.

Consider different channels via which your workforce can be informed, including meetings, e-mails, newsletters or text messages. Training is an important aspect of your program to ensure everyone has a good understanding of workplace safety.

Records are an important part of your safety plans. Records that should be maintained include:

  • Training
  • Employee injuries
  • Accident/injury investigations
  • Inspection records/corrective actions
  • OSHA 300 logs (where required)
  • Job analysis
  • Safety meetings
  • Equipment and vehicle inspections
  • CPR/first aid training
  • DMV driving records.

The takeaway

Remember to update and maintain all your programs at least once a year and/or if there are any changes.

If you are ready to make the commitment of reducing injuries and illnesses and managing claims, you can expect your costs to go down and your profits to go up.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group

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How to Streamline your Insurance Policy Audit

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Are you due for a workers’ compensation premium audit? Audits are how insurance rates are determined, and it’s possible that an audit will uncover information that can actually save you money. In any case, it pays to be prepared. These five tips can help you get ready.

  1. Let your broker know when there are changes in your staffing, payroll or areas of operation. This is important not just at audit time but all the time. Your rates are based on variable rating information, including the number of employees, job classifications, the states in which you operate, etc. Updated information results in more accurate premium assessments.
  2. Get your records ready. Your auditor will need to see records such as federal and state tax returns, ledgers, checkbooks, contracts and employee or contractor tax documents. If you prepare your records in advance, you’ll speed up the audit process.
  3. Make sure you break out various types of compensation in your records. For example, to set your premium, your broker considers pay but not contributions to employee benefits packages and other perks, so it’s important to make sure your records are clear on the various types of compensation. Also make sure overtime pay is clearly defined since it’s classified as regular pay for workers’ compensation insurance purposes.
  4. Ensure that contractors have their own insurance. This is important not only from an audit standpoint but from a liability prospective as well. If an uninsured contractor has an accident while performing work on your behalf, you can be held liable. If an audit identifies contractors for whom you don’t have certificates of coverage, you can be charged for their premiums.
  5. Remain on hand to answer questions. As your auditor reviews your material, he or she may have questions or need additional data. If you are available to provide answers, your audit will be completed more quickly.

By following these tips, you’ll be more prepared for your workers’ compensation premium audit. A fast, efficient audit process can save time for both you and your auditor, so it pays to be prepared.

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.

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.

Special Contractor Insurance Programs (NY, NJ, CT) – We we have 50+ 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 mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.

Need More Work, Customers, a Plan B To Generate Massive Cash Flow To Cover Business and Personal Expenses?  Click here to learn more.                        

 

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

© – Copyright – 2020 – BGES Group