IRMI Update—Issue #21

An E-mail Newsletter for Risk and Insurance Professionals
ISSN: 1530-7948
July 24, 2001

In This Issue

Message from the Editor

Colleague,

Are we in a hard insurance market? Frankly, we probably aren't there yet, but the marketplace is continuing to firm up.

One result is that underwriters are more demanding with respect to the information they require. Since many of them have more submissions than they can handle, they work first on the ones that provide all the necessary data, and the others get relegated to the bottom of the stack. Thus, those who take the time to prepare well-organized submissions that provide all the data the underwriter will need (preferably in a format s/he can easily use) will beat the competition.

Do you find this to be true? Are underwriters asking for significantly more information? Are they making good use of it? What suggestions do you have for preparing a complete submission? [See reader comments].

Our editorial staff is busy contacting our industry friends to prepare our annual market update for The Risk Report. We are also polling visitors to the IRMI.com home page. Please check it out and participate in the poll—it won't take 30 seconds: www.IRMI.com. We also welcome any and all comments about the status of the insurance marketplace, particularly suggestions for coping with the firming market. We'll summarize our findings for you in IRMI Update #23.

Have a great day.

Jack

Jack P. Gibson
President
IRMI

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Risk Tip

Get Severability Provisions in Professional Liability Policies—Directors and officers (D&O), errors and omissions (E&O), and employment practices liability (EPL) policies (and their applications as well) should contain a broad "severability provision," sometimes called a "non-imputation provision." The severability provision protects innocent insureds by preventing the actions of one insured from nullifying the coverage for all insureds. Severability provisions often include language such as "the acts or omissions of one insured will not be imputed to any other insured."

Without a broad severability provision, an improperly completed application can nullify coverage for all insureds, even if the application error or omission was unintentional. With respect to policies, the severability provision should apply to most (preferably all) exclusions and conditions so that the actions of one insured do not nullify the coverage, including defense, for all the insureds named in the claim or suit.

By: Walt Curtner
Curtner Risk Management, Inc.
Denver, CO
E-mail: CRMRisk@eazy.net

Suggest a Risk Tip. Future issues of IRMI Update will include more risk tips from our readers. Send us a practical tip (less than 300 words) for identifying and managing risks, buying insurance, managing claims, or filling gaps in insurance coverages. Submit your tips. We'll acknowledge your contribution as we did for Walt.

New Expert Commentary

We add new Expert Commentary to IRMI.com every week. There are now 187 articles on IRMI.com, and many more are in production. Below you'll find summaries of some recent additions with links to the articles.

  • Stand-Alone E-Commerce Market Survey—This newly revised chart lists the current stand-alone e-commerce insurance policies being offered. Some policies cover both first-party losses and third-party liability claims, others just one or the other. See what coverages are available and how to contact the appropriate insurer, MGA, or broker.
  • When Civil Authorities Take Over, Are You Covered?—With hurricane season upon us, it is important to dust off plans for business closure and evacuation. Will your insurance cover you if a civil authority closes or denies access to your insured property due to a hurricane, wildfire, flood, or other catastrophe? It all depends on the policy language.
  • Insurers' Marketing Myopia—Don't insurers realize the value of being customer focused instead of product focused? Yes, but they are hampered by a lack of direct access to clients, development of intellectual capital, and consistency on improving the bottom line. Learn more in this insightful article.
  • Court Holds Design Professional Liable for Approving Payment Absent a Bond—The Oklahoma Supreme Court recently held a design firm liable for damages, plus punitive damages, incurred by subcontractors due to the general contractor's failure to secure the required payment bond. See the court's rationale and what steps design firms should take to avoid this scenario.
  • Energy: The Catalyst of Change—The cycle of change causes discomfort to everyone. This article addresses the energy of people involved in and affected by change and why it is important to work with that energy to understand, improve, and effect desired change.

IRMI Construction Risk Conference

Construction Risk Management Award Deadline Is August 1—We will present the third Construction Risk Management Best Practices Award in New Orleans this October. Do you know someone who should receive it? Perhaps it should go to you! In addition to all the recognition, the winner will enjoy a free trip to next year's conference in San Diego. We need the submission by August 1 to give the judges time to select the winner. For information on the award criteria and how to apply or nominate someone click on CRMBP.

We will soon begin accepting online registrations. In the meantime, visit the Conference agenda for details about all the sessions and the presenters.

IRMI Products & Services

IRMI Launches Two Free Newsletters for Customers—Since IRMI issues a manual supplement or newsletter every week, it is tough for you to keep up with the topics covered in the 20,000+ page library. It is even harder to remember which publication covers which topics. This is doubly difficult if you are with one of the many insurance companies or brokerages that provide our electronic services to all their employees through Silver Plume or IRMI CD. To make your life easier, we recently introduced two new e-zines, one for Silver Plume customers and one for IRMI print and CD customers, which provide concise outlines of newly added materials to the publications you buy from us. They are published six times each year and are absolutely free. Sign up by clicking on Newsletters.

Training & CE

Free Summaries of State CE Requirements—There are a myriad of differing state regulations for agents'/brokers' continuing education, and keeping up with them is tough. The Training and CE section of IRMI.com can be a big help because it includes summaries and answers to frequently asked questions about agent CE requirements in most states. To get information about your state's CE requirements, click on Training & CE, then "Course Catalog," select the state and your type of license (life/health or property/casualty), and click "Next." Beneath the course listing for that state, you will find links to a summary of the state's requirements and answers to frequently asked questions about the state's requirements.

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