FIND THE BEST INSURANCE COMPANY BY REVIEWING COMPANY RATINGS

It’s no longer enough to choose an insurance company simply because they offer what appears to be the best coverage or lowest rates. You also have to know the financial security of the company especially in these challenging economic times when even the largest companies might be teetering on the edge of insolvency.

Additionally, you want to know something about the company’s track record when it comes to paying claims and overall customer satisfaction. Not all insurance companies are the same and you should take a hard look at your prospective insurer before handing over a big premium check.

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How can you find this information? Well, it’s easier than you think because there are several major companies that rate insurance companies. Each offers a detailed rating service and most of these services are free. The rating system for each of these rating companies is based on a letter grade system such as “AAA”, through “NR.” However, you should note that there are both subtle and significant differences in the letter grade system. A “C” rating might mean an average score for one rating company but might also suggest the insurance company is experiencing significant financial challenges with a different insurance rating company. Make sure you fully understand the rating system for each of the companies before jumping to an erroneous conclusion.

Some rating companies only rate the top 200 insurers, while others offer more comprehensive data.
Here is a brief summary of the major companies which rate insurance companies.

A.M. Best – www.ambest.com
This rating agency is the only one which specializes in banking and insurance companies, reinsurers and covers the total insurance market spectrum including international markets such as the U.K and Canada. Also offers a comprehensive article base and in depth commentary.

Fitch Inc. – www.fitchratings.com
Provides a global rating service on insurance products through combining both local and international expertise on contemporary insurance issues and trends. Also offers a monthly newsletter dealing with specific insurance issues called “Insurance Insights.”

Moody’s Investor Services – www.moodys.com
You have to register to log in with this company before you can access their info. Covers title insurers, life, mortgage and property and casualty. Mainly focused on the financial health and outlook of insurance companies and overall realm of the financial market.

Standard & Poor’s – www.standardpoors.com
Must be a subscriber. Offers international rating services on property and casualty, life, annuities, health, title, mortgage, bond and reinsurance. Rating services include link market solutions and both the derivative product and financial subsidiaries.

PREVENT WORKPLACE INJURIES BY IMPLEMENTING A SUBSTANCE ABUSE PROGRAM

According to statistics from the United States Department of Labor, 40% of industrial fatalities and 47% of individual injuries received on the job are due to intoxication from alcohol. This combined with the fact that businesses suffer related losses of five hundred million workdays and over eight billion dollars each year underscores the fact that alcoholic and drug-dependent employees are very dangerous for businesses. These unfortunate laborers drain the economy of much-needed growth and productivity.

Today, the troublesome situations created by employees suffering from addictions do not just apply to the usage of heavy machinery. Employees also have access to sensitive information about the company. This information when improperly handled leads to gaping liabilities that can exact a high toll on businesses.

The prevailing wisdom about alcoholic or drug-dependent employees is that they can be found in businesses of every size and more importantly every kind. Research actually reveals a different picture: employees with alcohol- or drug-related problems tend to seek out smaller businesses with no formal written policy prohibiting drug or alcohol consumption. This research would seem to explain a seeming disparity. The total population of illicit drug users is estimated to be just under fifteen million. Of those, 77% are employed. However, of heavy drinkers who are employed, just 17% work for companies that have employee rosters of five hundred or more.

Therefore, the best way to protect the workplace from alcoholic and drug-addicted employees is to instill a strict company policy against substance abuse combined with a drug- and alcohol-free program. Obviously each company must implement this program and policy in their own way due to their idiosyncratic circumstances, but there are five components that any program must have in order to succeed: drug and alcohol testing, employee education, employee assistance, the policy itself, and supervisor and manager training.

As each company takes the first steps towards setting up this program, the key element needs to be the formal written policy. In addition, the written policy should be displayed in as many areas as possible to remind employees of their responsibilities. Businesses must make it clear to their employees that the reasoning behind their adoption of this policy and program is for their employees’ benefit, in addition to preventing profit loss or liability resulting from employee injury. The written policy must include a description of prohibited behaviors and the consequences for engaging in those behaviors, set down in clear, understandable English.

Supervisor and manager training is necessary due to the influence and direct interaction supervisors have with their workforce. It is important to make a distinction between roles: supervisors are not meant to diagnose substance abuse problems, but their training should emphasize how to recognize poor employee performance and the possible symptoms of substance abuse, as well as where to refer employees for help. As for employee education, employees must be made aware of the personal and professional consequences of addiction as well as the specifics of the company’s policy and program efforts.

When starting a drug testing program, due to the multiple legalities involved, the Department of Labor recommends getting legal counseling before implementing a drug testing program. Finally, through the Working Partners for an Alcohol- and Drug-Free Workforce, the DOL has set up many resources in order to help American businesses achieve the goals of helping employees end their substance abuse. These resources may be found at www.dol.gov/workingpartners.

UNDERSTANDING WORKERS COMP WAIVERS OF SUBROGATION

It is very common for the insurance requirements in a construction contract to include a provision requiring the subcontractor to waive all rights against the owner and general contractor for recovery of damages to the extent these damages are covered by the sub’s workers’ compensation and general liability or commercial umbrella liability insurance. Owners and general contractors insist on this provision because they want to protect themselves from being held liable for injuries to a subcontractor’s employee. Typically, the contractor giving the waiver asks its insurance company to attach a “waiver of subrogation endorsement” to its workers’ compensation policy.

The endorsement states that the insurance will company will not enforce its right to recover payments it makes to an injured worker from the person or organization listed on the endorsement. It applies only to the extent that the employer insured by the policy performs work under a written contract requiring the employer to obtain the insurance company’s waiver. It does not directly or indirectly benefit anyone not listed on the endorsement. With this endorsement on the policy, the company cannot attempt to recover payments it made to an injured worker from the company listed on the endorsement, even if that company was responsible for the injury. Consequently, the loss impacts the employer’s experience modification, probably increasing future premiums. In addition, the endorsement carries an additional premium for the employer, normally some percentage of the premium attributable to the job.

The endorsement and the waiver agreement in the contract do not bind the injured employee. He still has the ability to sue the owner and general contractor for his injuries. However, it is also common for construction contracts to require the subcontractor to defend and indemnify the owner and general contractor from any such suits. Therefore, it is probable that the employer will have to pay an additional premium for the endorsement, pay higher future workers’ compensation premiums for the loss, and pay higher future liability insurance premiums because its policy will cover the other parties’ liability.

For example, assume the sub’s employee suffers serious injuries when tools and materials fall off a scaffold and strike him. He collects workers’ compensation benefits for his medical costs and lost wages. The sub’s workers’ compensation policy includes the waiver of subrogation endorsement, so the insurance company cannot recover any of its payments. The worker sues the owner and general contractor for his pain and suffering. However, the contract requires the sub to cover the owner’s and general’s liability, so the sub’s liability insurance pays for the pain and suffering lawsuit. The sub’s insurance pays twice for the same injury to the same worker.

Owners and general contractors require waivers of subrogation for several reasons. Insurance consultants, brokers, and risk managers usually encourage them to require waivers. Waivers protect their liability insurance and reserve it for other claims. Because a waiver reduces potential liability losses, they become more attractive to liability insurance companies and probably pay lower premiums. Also, subcontractors often do not resist these requirements because they feel they lack negotiating leverage and their insurance companies are usually willing to provide the endorsement.

A few states have curbed the use of waivers of subrogation in their workers’ compensation systems. At least four states have passed laws making the requirements unenforceable, and other states allow the employer to recover from the injured employee some of the proceeds of pain and suffering lawsuits.

In the majority of states that allow waivers, contractors should work with professional insurance agents experienced in providing construction insurance. They can suggest insurance companies that will offer the needed coverages at a reasonable cost and assist with contractual issues such as waivers of subrogation. Above all, contractors must read and understand their contracts so that their agreements do not become an ugly surprise after a loss.