National Fall Car Care Awareness

Fall is National Car Care Awareness! Hooray? Ok, it’s not the most exciting thing on your calendar. I don’t think there’s a Hallmark card for the occasion. Nonetheless, it could be one of the most important times of the year for your car or truck. A well cared for car or truck is a happy car or truck. And a happy car or truck means a happy driver, or at least a reasonably-satisfied-with-their-ride-to-work driver.

If you’d like to fall into this category, October is a great time to take advantage of all the hype and get your vehicle some well-deserved maintenance or repair work taken care of.

What type of work should you be doing or getting done this time of year?

Early fall is a great time to get your car ready for cold temperatures. The cool mornings are enough to remind you winter is coming but it’s still warm enough to spend some time with a cold wrench in your hand. But even if you don’t live in an area that gets winter weather it’s a great time for maintenance. In colder climates, there are lots of things to think about.

Here are some things that you can get done in celebration of National Car Care Awareness.

  1. Add some winter air to your tires. What exactly is “winter air?” Isn’t air the same no matter what time of year it is? Actually no. Well, yes, but also no. Without getting into the full description here, suffice to say that you need to add a little air at the beginning of the winter season.
    You can read more here.
  2. Check, check and check. There are numerous checks to do on your vehicle regularly. Some people think that with all of the warning lights and computer diagnostics that are constantly running, the days of physically checking levels of things like coolant, brake fluid, power steering fluid and oil are over. While these monitoring systems are able to alert you when there is a serious issue, some of them don’t activate until you are at point blank. For instance, if your low coolant light comes on, many vehicles’ warning systems tell the driver to stop the engine immediately. This avoids costly damage to the engine, sure, but you’re left sitting in a parking lot or (even worse) on the side of the road trying to figure out how to get some coolant into the engine. If you notice that your airbag light is on, that means that your airbags won’t deploy, so this is something you should address before you get on the road. Should you discover that there is an issue with the airbag module (the component which acts as a controller), then you may wish to take a look at the site here and consider getting this reset so that, hopefully, the light will disappear and you will be able to drive safely in the knowledge that, should you run into an accident, your airbags will be there to support you. Checking these levels on your own can help avoid delays as well as breakdowns. If you have a truck or are a trucker, the best thing you can do is to find a mechanic that works on trucks and get a thorough checkup done for your vehicle. A truck does require a different level of maintenance than a normal car and it is best that a professional takes care of it at regular intervals.
  3. Think about safety. Car Care Awareness may conjure images of oil changes and brake pads, but you probably aren’t thinking of bottled water or winter blankets. Just like Daylight Savings Time is the perfect random point on the calendar to replace the batteries in your smoke detector, National Car Care Awareness is a great time to check and replace your emergency preparedness supplies. If you live in an area that sees winter weather, this is even more important. You never know for sure when you may find yourself temporarily stranded. Be prepared.

National Car Care Awareness was created by AAA back in the 1980s to promote safety and efficiency in vehicles and emphasize the responsibility of car owners in maintaining their vehicles. AAA has launched a number of effective safety and efficiency campaigns over the years in a continuing effort to help drivers live more responsibly and affordably with their cars and trucks.

Group Captives Questions and Answers

Why join a Captive Insurance Company? The insurance marketplace commonly goes through its “hard and soft” cycles where premium fluctuations have little relation to individual loss experience. By pooling your resources and creating your own captive reinsurance company, these swings can be avoided, making your costs more predictable. Also, by pooling your resources, you can […]

Workers Compensation Leave? Consider FMLA!

If you are an FMLA-covered employer, you should always consider whether an employee who requires time off of work due to a work-related injury or illness is eligible for leave under the Family and Medical Leave Act (FMLA) (and/or possibly leave under a state law).

Certain workers’ compensation (WC) leaves may also be covered under the FMLA.  An employee’s FMLA leave may run concurrently with a WC absence when the injury is one that meets the criteria for a “serious health condition” under the FMLA (and the employee satisfies all other eligibility criteria).

It’s important to note that, in general, an employer is responsible for designating an employee’s leave as FMLA leave as soon as it has enough information to believe the employee’s leave is covered.

Failing to designate this leave as FMLA leave may be a violation of the FMLA, and the employee may still be entitled to FMLA leave once the WC absence has ended.

Where an employee’s WC leave is also covered by FMLA, the employer should run the FMLA leave concurrently (at the same time) with the WC absence. Doing so will help ensure the employer complies with all of its obligations. For example, when an employee’s WC leave is also covered under the FMLA, the employer must maintain group health coverage for the duration of the employee’s FMLA leave.

The employer is required to maintain the group health plan benefits on the same terms and conditions as prior to the employee going on leave.  This includes the employee continuing to pay his or her required portion of the premium.

Also, offers of light duty may be affected when an employee’s work-related injury or illness is covered by the FMLA.  An employee may decline the employer’s offer of a light-duty job, if it is not the same or is not an equivalent job to the job the employee left.  However, an employee who turns down a light-duty job may lose WC payments, but is entitled to remain on unpaid FMLA leave until the FMLA entitlement is exhausted.

If the employee accepts the light-duty position in lieu of FMLA leave, the employee retains the right to the original or to an equivalent position.

If an employee is unable to return to work or is still in a light-duty job after the FMLA leave entitlement has been exhausted, the employee no longer has the protections of the FMLA.  However, an employer must examine the workers’ compensation statute and the Americans with Disabilities Act to determine if the employee has further protections.

Four Reasons to Love Your Mortgage

1.     It’s probably the cheapest way to borrow  –  The interest incurred is tax-deductible and the rate should be low as the loan is secured by your home.

2.     It creates leverage – A mortgage can be compared to opening a margin account at a brokerage because it can increase your assets with borrowed money.  The difference is your mortgage lender can’t demand it’s money back if your home price drops.

3.     It’s a back-up source of funds for emergencies – If you have some equity built up, consider setting up a home-equity line of credit.  Large medical bills or repairs can be funded by borrowing against the equity you have built up.

4.     It makes inflation your friend – Like other hard assets, real estate tends to hold its value when inflation picks up. With a mortgage, you get double the protection.  The payments on a fixed rate mortgage stay constant even with rising inflation, which means in the future you are paying with less valuable dollars while the value of your home could be increasing.

National Cyber Security Awareness Month

The news headlines are filled with stories about high profile cyber breaches.  Recent examples include Yahoo, the Democratic National Committee (DNC), and the World Anti-Doping Agency (WADA).  These high profile cases can affect very large number of customers (Yahoo) or sensitive information (DNC emails, WADA test results).   Most businesses do not have the public profile of these three victims but the threat to small and mid-sized businesses is very real.  According to Symantec, 43% of cyber attacks target small businesses.

The potential cyber exposure can take on many forms.  Hacking and stealing sensitive information is one common and well documented cause.  Other causes can include theft of a laptop or cell phone, careless disposal of paper records, and theft / vandalism by a disgruntled or former employee.  Medical records are one of the more sought after targets by cyber criminals.  Other types of Personally Identifiable Information (PII) that must be legally protected include drivers’ licenses, credit card numbers, birth dates, court records, banking records and email addresses.  Social Engineering theft where outside party tries to mimic a manager in order to obtained wired funds is another common criminal tactic.

Relying on a third party such as cloud storage firm or credit card processing service does not insulate you from cyber exposure.   Contracts with these providers will favor the bank or servicing firm.  In fact, a merchant responsible for a breach might be contractually liable for damages incurred by the bank or processor.

Limiting your exposure to a cyber breach starts with good internal controls and employee training.  Keeping your software and firewall up to date are also important risk management strategies.  According to the Ponemon Institute, the causes for breaches involve human error (23%), system glitch (27%) and malicious or criminal act (50%).

The Department of Homeland Security has made October the National Cyber Security Awareness Month.  You can find a number of articles regarding various cyber issues on their website at  https://www.dhs.gov/national-cyber-security-awareness-month.  A data breach calculator can be found at http://www.ibmcostofdatabreach.com/.

Cyber Risk insurance is now widely available and affordable.  This type of insurance can be written to defend against litigation resulting from a breach as well as providing coverages for incurred expenses such as notification of impacted individuals, credit monitoring, business interruption, theft and extortion.  Please contact us if you would like to learn more about this insurance or if you would like to obtain pricing for this coverage.

Medicare D Compliance Overview

Employers with group health plans that provide prescription drug coverage must notify Medicare Part D eligible individuals by October 14th of each year about whether the drug coverage is at least as good as the Medicare Part D coverage (in other words, whether their prescription drug coverage is “credible”).

Please click here to learn more.

 

Fair Labor Standards Act (FLSA) Scorecard

Failure to comply with the FLSA can result in lawsuits, criminal charges, fines and restrictions in commerce. The scorecard tool will help you make a general estimate of risk.

Click here to download FSLA Scorecard

Employee in the News-Steve King

If you are a Patriot’s fan, you must remember Steve King, a former linebacker with the Patriots from 1973-1981. Steve is best remembered as the first player to sack 4 future Hall of Fame quarterbacks in the same year: Joe Namath, Terry Bradshaw, Fran Tarkenton, and Bob Griese.

Steve continues to remain active with the New England Patriots Alumni Club, participating in volunteer events to support and promote youth football.

He is also very involved in community service. Steve currently serves as President and Board Member of Friends of Wrentham, Inc. (F.O.W.), a non-profit organization formed in 1979 to benefit the intellectually challenged residents of the Wrentham Developmental Center. They have provided ancillary needs the state does not fund, such as a walking/jogging track, an outdoor pavilion, an equestrian program, field trips, and a fitness gym, etc.. Since it’s inception, F.O.W. has raised approximately $2.2 million to benefit the residents of WDC.

Click here to meet Steve

Client Spotlight Biscom

We are pleased to spotlight Biscom in our summer newsletter.  Every day millions of users and thousands of enterprises rely on Biscom for secure and reliable document delivery solutions. Founded in 1986 Biscom developed the world’s first enterprise fax server. Since then, Biscom has developed additional solutions around secure file transfer, enterprise file synchronization and sharing, file translation, and secure mobile communication apps. Biscom also offers cybersecurity risk assessments and training.

They recently launched Biscom 123, a cloud based fax solution that gives small businesses and professionals the ability to send and receive faxes through email and mobile devices.

You can rely on Biscom’s Experience, Expertise, Reliability, Performance, and Support.  We wish them continued success.

Click here to learn more about them!

Making Sense of Certificates of Insurance

Understanding The Purpose Of Certificates Of Insurance

When stores lease real estate spaces or construction firms win jobs, the party on the other end usually has a very specific set of requirements. One of the main requirements is that the tenant, contractor or borrower must show proof that he or she has adequate insurance. Copies of insurance documents may be sufficient. However, not all companies want copies of documents sitting around. Space is valuable, and most banks do not have enough room to keep such copies of originals for every customer. A very helpful substitute for document copies is a Certificate of Insurance (COI). This item is simple to create and store. Unfortunately, not all firms and insurance buyers fully understand them.

ACORD constructed the forms that are most commonly used. Their instructions show that these certificates are intended for informational purposes. When some businesses receive these certificates, they think the items are contracts. However, the certificate is simply a snapshot of insurance provisions. It does indicate that a policy exists, but it is not the document that actually provides coverage. The only document that actually provides coverage when shown is the policy itself.

Standard certificates by ACORD state that insurers must provide advance notice to holders if policies are cancelled. Although policyholders rely on these words, they do not create a legal bond between the two parties. The only thing that can obligate the companies to give advance notice is the policy’s specific provisions. Many businesses want these certificates to have specific terms, phrases or words. However, agents have legal boundaries for such requests. The only way agents can add wording to a certificate is if the listed policies contain that wording. Changes are not always allowed.
Many states prohibit agents from handing out certificates implying provisions that are not included in the policies. For example, a certificate holder may want the item to state that coverage is primary and noncontributory. However, policies that do not reflect such information cannot have certificates indicate otherwise. Agents who add language implying otherwise could be in a great deal of trouble. Only the endorsements insurers issue can change policies. If an agent issues a certificate implying a change, this is a violation of the individual’s contract with the insurer and a violation of state insurance law.

Before you sign contracts including insurance provisions, we recommend verifying you comply with the coverage requirements. While we cannot provide any legal interpretations for the contract, we can certainly review the insurance provision and provide in-depth advice about the cost and availability of any missing elements. In some cases we may need to provide you with estimates for adding additional insurance coverages or increasing current limits. We can only issue certificates after coverage is in place. If certificates are used appropriately, they are valuable business tools. However, they can cause problems when they are used incorrectly.