Retails Sales:

Supply chains and logistics failures. How contingent business income interruption insurance coverage can help cover your loss.

The busiest sales season of the year is fast approaching for retail sales.   If store based retailers don’t have sought after products to sell, buyers are unhappy and leave; or they just order online and have it delivered. Unfortunately, they are not buying merchandise from you if you don’t have what they want. So here you are depending on your supply chains and their ability to manage logistics successfully which includes timely delivery of merchandise to you.  But what if those companies fail to deliver?  Well, you can wait for another type of delivery.

Contingent business income interruption insurance

 

But chance are slim that the goods will arrive in time and you will most likely loose sales.

However, as a realistic alternative, you could purchase a type of little known insurance.  You would think it might be called supply chain failure insurance but it isn’t.  It is called contingent business interruption insurance, or CBI which is “an extension to other insurance that reimburses lost profits and extra expenses resulting from an interruption of business at the premises of a customer or supplier.” See https://www.irm.com/articles/expert-commentary/contingent-business-interuption-gettingallthefacts

Usually commercial general liability and business property insurance are the basic types of insurance a business needs along with workers compensation if the business has employees and inland marine coverage if they have specialized equipment.  There are also various types of additional insurance coverage, usually added by endorsements, which may be appropriate for your business depending on your specific situation. Two of the available endorsements are business income interruption and contingent business interruption.

Business income interruption insurance is a type of insurance which is not covered by CGL or business property. So an ISO endorsement is needed to cover the loss specifically.  This type of insurance covers a direct loss of income at your business location and it can be part of a Business Owners Policy or Commercial Package, if designed in that manner. There are conditions which must be meant for this coverage to kick in, which depend on the loss being directly to the insured’s property and actually sustained. Therefore, a loss which does not impact the insured’s owned property is not covered.

But contingent business income interruption insurance can cover your losses due to a supply chain failure.

 

This is a separate and distinct endorsement which only applies when the insured is not the owner of the property which suffers the actual physical loss.   It specifically applies if the business supply chain is disrupted and income is lost by the insured due to the supplier’s failure to deliver for various reasons such as cargo theft, equipment failure, plant shutdown, cyber-attack or weather-related disasters.  A direct business income interruption endorsement will not cover you in this instance.  These two types are mutually exclusive and only one can actually apply in any given situation.

In older policies and some current policies, insureds had to purchase both primary direct business interruption insurance and a second specific endorsement for contingent business income interruption insurance using the proper ISO form. The insured business had to have the underlying endorsement for direct business loss of income and the amounts specified in the original direct loss endorsement determined what amount your indirect loss limits were. https://marsh.com/insights/research/business-insurance.html.

But in present times, some carriers, including the Hartford, automatically provide standard loss of business income (BI)  in their BOP with a host of additional endorsements available, specifically including Business Income for Dependent Properties (or CBI) in available options,  as well as many others. See: https://www.thehartford.com/business-income-insurance.

As dependence on supply chains evolve, claims have become more frequent. Documentation to verify the loss of income has become crucial to a successful claim.  Algebraic formulas have been developed to calculate loss and are adjusted to take into account seasonality for retail businesses.   http://www.air-worldwide.com/Blog/Supply-Chain-101–Breaking-Down-Contingent-Business-Interruption/

Businesses should be proactive before selecting a supply chain provider and be prepared for any loss.

Ask your supplier these questions before entering into a business relationship:

  • Does your supplier have a contingency plan to deal with natural and man-made disasters which interfere with delivery of goods on time?
  • Does your supplier have marine inland which will protect goods in transit and if so ask for a Certificate of Insurance and to be named as an additional insured on their policy? ( This will forestall any policy interpretation that CBI coverage is not applicable because it did not occur at the supplier’s place of business. This issue may not arise as arguably a business conducting a supply chain owns the transportation vehicle and it is the supplier’s property.  But it never hurts to be doubly insured.)
  • Ask for a Certificate of Insurance for the supply chains general commercial liability policy.
  • Does your supplier have logistics management error and omissions liability policy? If so, also obtain a Certificate of Insurance.
  • Does your supplier have cyber risk insurance which covers third party losses from business interruption if the supplier is shut down due to a cyber-attack? If so, ask for Certificate of Insurance and to be named as an additional insured.

In closing it is always a good practice to establish a good working relationship with your key suppliers and engage in any working supply chain group to solve problems both  before and after they occur.

Image Credit:  Pixabay CCO Creative Commons free for commercial use.

Insurance needs for Drones in the workplace.

Thinking of Using Drones to Perform Home Inspections? What insurance options do you have?

Most home inspectors are familiar with and carry General Liability, Commercial Property and E&O or Professional Liability Insurance to protect their business and understand the risks they run if not protected by these critically necessary types of insurance. The American Society of Home Inspectors (ASHI) recommends these coverages at a minimum. Until recently drones may not have been used as tools at all in the home inspection field.  Drones are probably not covered on your commercial general liability policy or business owner’s package.     Drones are currently being used for fun hobbies such as photography; throughout different industries such as in science, surveillance, and logistics and, specifically including property surveying and home inspections.   So drones are gaining popularity with business owners.   The FAA now requires drone insurance to meet Section 333 exemption for a drone that is used commercially.

However, drone insurance coverage nuances are just being created for the insurance industry.  International Organization for Standardization (ISO) has developed different endorsement forms   for adding endorsements to Commercial General Liability, Commercial Liability, Commercial Umbrella Excess, Commercial Inland Marine, Commercial Property and Capital Assets together with business interruption exposure due to loss of use of a drone.  Information about all of the ISO forms for drone and white papers on drone are available.  See ISO’s Emerging Issues Portal (http://www.iso.org)

Any carrier that offers drone insurance can use these ISO endorsements by adding them to your existing coverage.  However, of every carrier underwrites policies for drones due to the cost of replacement, technical differences, and various types of machines availability and standards of safety for operating and FAA requirements being undefined until very recently; and what function (s) the drone will perform.

Disputes over the ethics and morality of the use of drones as weapons may also have historically driven the carrier’s decision not to provide coverage so as not to tarnish the public image of the insurance company.  However, as more and more companies use these as tools in commerce; the public‘s perception may become more favorable.   If a distinction is made in ordinary language between domestic drones and weaponized combat drones more frequently, it may aid the acceptance of drones as well.

Home Inspectors obviously want coverage for a domestic drone, while a defense contractor is more likely to request coverage for weaponized drones. Some carriers include Lloyd’s of London ( a specialty carrier) Stonewall Aviation, Global Aerospace, Assurex Global and AIG.  Most carriers who serve the aviation industry are very knowledgeable about drones and do offer drone insurance.

But in regard to purchasing commercial drone insurance for a home inspector, you first need to know if you are actually insuring a drone, or is it really technically something else? The terms drone, UAV and UAS are used interchangeably in general business.  It behooves you to clearly identify the technical name of the equipment or tool you want coverage for in seeking drone insurance.

  • Drones are defined as any kind of remotely guided vehicle whether on land, sea or air with the main qualifier being unmanned. Regulations are in progress that would further define what is or is not a drone
  • UAV’s are defined as unmanned aerial vehicle s that are remotely controlled or guided through pre-programmed software.
  • UAS’s are defined as unmanned aerial systems.

There are numerous debates about which definition is technically correct.  The technical name used by the maker is the most logical term to use for insurance. To be assured of coverage you want to furnish the manufactures Id or serial number similar to a motor vehicle Id no. and to update the policy if new drones are acquired.  But most importantly, since you are using the drone commercially, the drone must be registered with the FAA if it weighs more than .55 lbs. and it cannot exceed more than 55 lbs. in weight. If you are not registered with the FAA you can be fined and even imprisoned.  Federal Drone Registration Part 107.   You must also have a FAA Commercial Remote Pilots License which became effective on 8/29/2016. Your carrier will require copies of the registration and license.

The identity of this particular tool is what is essential so that the insurance covers the repair or replacement cost of that particular item and sufficiently identifies that specific piece of equipment if damage to persons or property occurs while in use.

Next you need to define exactly what the function of the machine is and tasks you are going to be performing with the drone and equally important what liability could result from the tasks you are performing.   The most important factor to a carrier boils down to what risks are assumed and what damage can be caused by the use of this tool in your business. Damage could result from crashing the drone along with injury to a person and/ or property if hit by the drone or pieces of it, in the event of an explosion or malfunction.

Home Inspectors use drones mainly to inspect roofs and chimneys because of the height, the necessary angles that need to be examined on steep roofs, and the danger of falling.  The primary function of the drone for these inspections is actually aerial photography so you will need a good camera that can be remotely operated while attached or built into  the drone and produce high resolution pictures.  You may want a dual control model camera where a pilot mans the flying function and the inspector reviews the photos simultaneously for quality and to determine whether different shots or angles are needed.  You also want to be sure the camera is covered either separately or as part of the drone insurance. In a UAS the aircraft or drone is the Platform, the Payload is the camera or sensor and the Ground Control Station is the remote pilot and the inspector, or just the inspector if he is also the pilot.  You want to ensure you have coverage for all parts. Fortunately, the drone itself has a wide range of  price s depending on the model you select  starting at approximately $175.00and the camera may actually be the most expensive  piece of equipment.

Damage to the property owner may also result if an unsafe defect on the property is not detected as part of the home inspection and later results in a loss.  This type of injury is either covered by Error & Omissions or Professional Liability for the home inspector.  Some insurance company such as Target Professional Programs offer Home Inspectors Insurance as a specialty insurance endorsed by ASHI that has a combined BOP package with Professional liability and Drone insurance endorsements.

Target’s General Liability insurance can limit coverage to specific types of inspections that you actually perform depending on whether they are residential, commercial, Section 8 or other types.  This lowers your cost for premium.  They also offer tailored optional insurance coverage, e.g. mold inspection but not termite inspection.

So if drone inspections are in your future business plans, you want to explore your insurance options thoroughly.

 

Insurance needs in the Food Truck Industry.

Amazing Innovations in the Food Truck Industry spark new Insurance needs

 

One of the most delightful culinary happenings in history is here to stay. Food trucks have made major inroads into the restaurant industry and are one of the fastest growing areas due to new innovations in this field. From sleek and savvy to cute and sassy the designs, structure, overall look and utilization of food trucks are being reborn, and taking root in America.food-truck-images

The widespread advances throughout the food truck industry sparked a remarkable change in the food world because of the unique melding of two types of business into one. That is a hybrid restaurant on wheels but not the stereotype ice cream truck or cold sandwiches and snacks served in a factory parking lot.  The public wanted outrageously good food, with appetizing aromas and an enticing appearance served in a fun atmosphere.

Restaurant entrepreneurs responded to the public’s desires and now diverse menus with every food imaginable served from fantastic wickedly designed trucks provide adventures in dining to the public’s delight.

As more and more food trucks enter the business world and develop their own style or “brand” many other industries seek to cash in on this phenomenon by providing goods and services designed specifically for the food truck scene.

Among those wanting to collaborate with the food truck industry is the commercial insurance industry.  Thus the food truck BOP insurance policy came into being because every business needs insurance which fits their specific needs. Especially a state of the art customized truck fit to feed a queen and king or better yet, you and me.

With that thought, what type of insurance does an amazingly clever entrepreneur need to keep his mobile eatery and victuals protected from peril? 

While the insurance needs for a food truck are similar to the needs of a restaurant there are many differences and concerns which are not present in a brick and mortar restaurant so restaurant insurance is just one piece of the protection puzzle.  Additionally you need excellent comprehensive vehicle coverage for your food truck; especially since you have lovingly crafted the ideal truck with the right atmosphere using your imagination to create a dining experience extraordinaire for your clientele.

Initially, the insurance industry did not share the vision and were really divided into two camps. Auto insurance carriers offered business add ons to policies and commercial restaurant insurers offered add ons for company vehicles, but very rarely did insurers have a specifically designed business owner’s policy for a food truck. To meet the growing desire for “specialty” policies, insurance carriers adapted and developed packages tailored for food trucks and more options became available. No matter which carrier you utilize a specialty tailored policy should include these basic elements:

  • A comprehensive commercial general liability insurance policy (required by law)
  • Commercial auto/truck policy.
  • Business property and equipment/inland marine
  • Business Loss of Income with extra Expense
  • Workers Compensation for your employees (Required by law)

The business liability category for Mobile Food Trucks is Eating and Drinking Places

This means your classification codes used to classify and rate coverage premiums would generally fall under:

SIC Business Insurance Codes

4812 – Eating Places

NAICS Liability Classifications

  • 722320 Food Caterers
  • 722310 Food Service Contractors
  • 722330 Mobile Food Services

Business ISO General Liability:

  • Code 11039 – Caterers and Mobile Food Service

Additional insurance options are:

  • Food Spoilage/contamination
  • Cyber-security/data breach
  • Liquor Liability (If you serve beer, wine or alcohol)
  • Commercial Umbrella
  • Catering/Special Events
  • Employees Dishonesty

Special concerns may arise when choosing your businesses commercial automobile coverage and your businesses commercial property insurance.

  • Coverage for employees sent on errands for the food truck with their personal auto.
  • Special riders that cover the unique painting and finishes on your truck in the event of a wreck
  • Coverage if you have retractable awning or parts that expand the size of the vehicle. You may need extended coverage or a rider similar to a policy for an RV
  • Coverage for refrigeration units, both if the unit breaks or the truck itself is broken or damaged and coverage for any foods that spoil
  • Coverage for cooking equipment and apparatus giving special attention to whether there is any exclusion for types of cooking units or types of fuel used. A good example of this is exclusion for a propane fuel cooking system due to the spate of recent explosions.
  • Coverage for nearby buildings, and objects damaged by fire or explosion

(You will also want to develop a fire and safety plan with training components for employees to help with your insurance costs. You will also need a gas detector suitable to the type of cooking fuel you use.)

  • Coverage for lease or rental of additional commercial kitchen space
  • Coverage for use of your home kitchen to cook a portion of the food in ,needs to be specifically covered in your property insurance.
  • Coverage if you have a home office, computers or other equipment used for the business located in your residence, which should be specifically listed and included.

Another category of concern is raised by the frequent use of credit card readers which leaves your food truck vulnerable to data breach.  This seems unlikely but really is not. Credit card information is eagerly stolen by criminals who want to make profit from its usage.  Approximately 43% of all business in US have had data breaches.

Now that you built your dream on wheels keep on, keeping on protecting your dream by being a connoisseur of your insurance needs.