News : Commercial

Law firms face more professional liability claims: Survey

This article is from Business Insurance Magazine and can be found here 

Posted On: Jul. 06, 2011 2:32 PM CENTRAL

By: Judy Greenwald

Law firms face a rising number of professional liability claims, largely because of the effects of the recession and the ongoing real estate market slump, according to a survey released Wednesday.

The insurer survey by McLean, Va.-based broker Ames & Gough, which was conducted in the spring, included six insurers that represent almost 75% of midsize to large law firms in the United States.

More likely to seek redress

“As law firms’ clients continue to encounter financial difficulties, and the impact on their business becomes more pronounced, they are more inclined to seek redress from their advisers,” according to the survey. “In this regard, if the lawyers representing a client are not careful during the initial representation, they might well become targets for a malpractice claim as the client’s financial situation worsens.”

Other trends that the survey found include:

• The largest number of claims occur in three practice areas: real estate, corporate and securities, and trusts and estates.

• Large claims with a reserve of more than $500,000 are increasing, with half of survey participants stating that there has been an 11% to 20% increase in claims with such reserves.

• Most insurers are seeing claims payouts of $50 million or more.

• Conflict of interest was the largest cause of malpractice claims.

• Four of the six insurers included in the survey have developed a panel of qualified attorneys around the country to handle claims.

Insurers who participated in the survey were units of Pembroke, Bermuda-based AXIS Capital Holdings Ltd.; London-based Beazley Group P.L.C.; Chicago-based CNA Financial Corp.; Connecticut-based Hartford Financial Services Group Inc.; Lexington Insurance Co., a unit of New York-based Chartis Inc.; and Chicago-based Berkley Select, a unit of W.R. Berkley Corp.

The survey, “Lawyers’ Professional Liability Claims Trends: 2011,” can be obtained for free by emailing a request to info@amesgough.com. Those requesting the survey should include their name, title, affiliation, phone number and put “LPL Claims Survey” in the subject line.

no comments

Internet Liability Coverage

Is your business protected against allegations, including infringement of Internet-related copyright, trademark, trade dress or service mark; defamation; violation of another’s right to privacy; failure to adequately protect private information; or damage to other’s networks or computer systems due to the transmission of a virus or other malicious code?

Internet Liability Coverage protects you against Web site publishing or network security liabilities involving the transmision of data to and from your web sites or your computer networks.  Our Internet Liability Coverages address both the security breach and intellectual property/personal injury exposures associated iwth the use of technology in today’s business world.  Contact our Commercial Lines department for additional information.

no comments

Computers – Where would your business be without them?

Your computer system organizes your communications, controls your inventory and holds your creative ideas.

You have a significant investment in this technology, and you should protect it.

Your conventional property insurance policy may cover damage by fire, wind or theft; but that policy may not completely protect your hardware, software and network capabilities. In order to protect your system against special electronic hazards, you need a policy tailored to the unique nature of the technology.

Accept no substitutes

The Cincinnati Insurance Company’s Electronic Data Processing Policy features protection from conventional causes of loss such as fire, wind and theft. More importantly, Cincinnati’s EDP Policy protects against
loss caused by:

•    accidental erasure of data
•    mechanical breakdown
•    employee sabotage
•    short circuiting of equipment
•    sewer backup
•    computer virus
•    changes in temperature
•    flood and earthquake
•    sprinkler leakage

When software becomes a nightmare…

If only it were a dream … when your system suffers a mechanical breakdown, there may be damage to your hardware. However, even more serious is the loss of information or the loss of media (discs, tapes, CDs) on which you store information. The cost of these items may be substantial, particularly the cost to reproduce your data base and replace your programs. Cincinnati’s policy extends coverage to these items for 20 percent of the equipment coverage amount on your policy up to $10,000.*

And downtime affects your bottom line

What-happens-when your–system-goes down?
In many businesses, the mere cost of repairs. The real financial impact involves the interruption of your business. If a computer breakdown could affect your earnings or require that you incur additional expense to resume operation, then EDP loss of income and extra expense coverage protects your revenues. The policy automatically
provides this coverage up to a maximum of $10,000.*

More coverage’s

Your EDP Policy:
•    covers your property while on your premises
•    follows you when it is necessary to move your equipment to another location
•    includes 20 percent of hardware/software limits up to $50,000* when in transit and away from premises
•    covers newly acquired property automatically up to $250,000 for up to 90 days
•    reimburses up to $50,000 for recharge expenses for fire protection system
•    covers up to 20 percent of the data/media limits up to $10,000* for duplicate and backup data/media stored
at other locations
•    provides replacement cost for valuation of property with no coinsurance requirement
•    covers scheduled locations on a blanket limit basis

Consider this option

Cincinnati’s EDP Policy covers damage from electrical disturbances that occur within 1,000 feet of your business location. You may want to further protect your system from hazards created by electrical disturbances beyond 1,000 feet. A distant electrical transformer explosion may do considerable damage to your computer system. You may extend your electrical disturbance coverage as an option to your policy.  Protect your information technology with a high-tech insurance policy from The Cincinnati Insurance Company.

* Higher limits are available.

This is not a policy. For a complete statement of the coverage’s and exclusions, please see the policy contract. Coverage’s are available in most states. For information, quotes, policy service or coverage availability in your state, please contact your local independent agent recommending coverage. “The Cincinnati Insurance Companies” and “Cincinnati” refer to one or more companies of the insurer group providing property and casualty coverage’s through The Cincinnati Insurance Company or one of its wholly owned subsidiaries – o The Cincinnati Indemnity Company, The Cincinnati Casualty Company or o The Cincinnati Specialty Underwriters Insurance Company – and life and disability income insurance and annuities through o The Cincinnati Life Insurance Company. Not all subsidiaries operate in all states. 6200 South Gilmore Road, Fairfield, Ohio 45014-5141.

no comments

Fraud and Embezzlement in the Workplace

Fraud and embezzlement in the workplace is on the rise.  We have seen an increasing trend involving Employee Dishonesty.  The Association of Certified Fraud Examiners estimates business losses due to employee theft at $400 billion per year.  Small companies can be especially affected by theft and embezzlement because they can’t afford extensive safeguards and aren’t large enough to absorb losses.

So, what can a business do to prevent this potentially devastating outcome?  First, be more vigilant with the oversight of employees that handle accounts and money.  Create internal controls and stick to them.  Look for warning signs that indicate an employee may be stealing funds or inventory:  Changing lifestyles, unusual behavior, or reluctance to take vacation time, for example.  Installing these and other adequate controls are sound business practices to help deter theft.

Fidelity or Employee Dishonesty coverage is an inexpensive way to help protect your company assets from employee theft.  This, and the increasing trend in workplace fraud, make Fidelity coverage something we highly recommend to our clients.

no comments

Workers’ Compensation Bill Becomes Law

SB1748/HB1645 will require sole proprietors and partners in the construction  business to carry workers’ compensation on themselves unless they are working directly for the end user. In other words, all sole proprietors and partners doing construction work for a general contractor or another subcontractor will be required to carry workers’ compensation on themselves, or be covered by the general’s policy.

The Insurors have been leading the effort to make this change in the workers’ compensation law for the last two years. The change basically puts into law court decisions on coverage for sole proprietors and partners. This change should eliminate independent contractor questions on audit as the general or subcontractor will be charged for any sole proprietors and partners that have done work for them unless the sole proprietors and partners carry their own workers’ compensation policy.

The bill was supported by all four construction trade associations, ABC, AGC, Roadbuilders and Homebuilders, in addition to support from organized labor and assistance from the Tennessee Departments of Labor and Insurance. Insurance interests involved include: AIA, PICA, Liberty and Allstate.

Insuror member Senator Bill Ketron and House Minority Leader Jason Mumpower carried the bill through two years of hearings and meetings. Senate leaders Jim Kyle and Lt. Governor Ron Ramsey provided valuable assistance and advice. Passage was bi-partisan in almost equal amounts in both chambers. Prior to final passage last week the bill was discussed no less than 14 times in various committees.

The new law has an implementation date of December 31, 2009. This length of time was selected to give contractors sufficient time to adapt to the new law. Likewise both state departments will have time to make necessary changes for smooth implantation.

Source: Insurors of Tennessee Volume 08-10 Friday – May 16th, 2008

no comments