Friday, October 16, 2015

Avoid the Rain, Buy an Umbrella


There are many websites online that show the US as having the highest amount of lawyers per capita and some showing that the US is in second place internationally.  Regardless of what statistic is completely accurate, I think it’s safe to say the US has a ton lawyers.  With a ton of lawyers comes a ton of law suits.
So, what does this mean for you?  You drive safely, have a fence around your pool, always supervise children on your trampoline, are careful about who operates your watercraft and even only let close family or friends go to your second home.  But with all this “stuff” and all these “activities” comes exposure, and a lot of it.
We always recommend our clients have personal liability coverage, regardless of who they are, what they have and how old they are.  We are still all at risk.  Because a bulk of the coverage comes through a policy called an umbrella policy or excess liability policy, I’d like to share with you some options that these policies may offer you.
·         Defense costs: Some insurance contracts say that the defense costs are part of the limit you choose and some pay the costs outside of the limit.  So what’s better?  If you have the choice, always chose outside of the limit.  This leaves the $1M, $5M, $10M, etc. limit you choose to pay for damages to the other party or a settlement and the $100K or more of legal fees you incurred are paid completely separate.
·         Available Limits:  There is a myth in the marketplace that individuals cannot obtain limits above $5M.  This is not true.  There are many carriers who offer limits well above $5M and some all the way up to $100M.  Clearly everyone doesn’t need this high of limits, but I say with confidence that all people should have an umbrella or excess liability limit of some sort.
·         Employment Practices Liability (EPLI): Sometimes individuals and families have people who work for them directly.  Now, to be clear, I am not speaking about having a cleaning company come to your home or a landscape company; I am talking about John Doe coming to your home to clean regularly and when you pay John, the check reads his name or the cash is handed to him.  If this is true for you, you might want to see if you can obtain EPLI coverage on your umbrella policy.  Some companies offer this coverage as an endorsement for a certain number of employees.  What this pays for is defense costs and settlements for employment related matters.  The best example I can share is imagine you hire an individual to clean your home.  This individual has family overseas and notices you have a home phone.  The individual decides to call her family overseas one day for just a couple minutes.  This quickly becomes a routine thing and you notice that your phone bill has skyrocketed.  You promptly terminate the individual.  The individual comes back complaining that you fired her because she was foreign.  This coverage would protect you from a suit that individual may place against you.
·         Non-for-Profit Directors & Officers Coverage:  You’re trying to do some good for the world.  You want to volunteer your time on a board.  Did you know there’s exposure that goes along with this?  The most common response I hear is “Well the board has $1M of coverage for us.”  Well, how many board members are there?  Because this limit is split between all the members and as soon as the limit is exhausted, anything else may be up to you and the other board members personally.  This coverage can be added to some excess liability policies for certain types of non-for-profit boards.
·         Excess uninsured/underinsured motorists: Okay so you’ve done a great job choosing your limit to protect your assets, but why should you trust that everyone else has enough coverage or assets to pay for your medical bills if they hit you?  Answer?  You shouldn’t.  This coverage is available on some umbrella policies up to $10M and is available to cover you and anyone in your vehicle if you’re hit by an uninsured or underinsured driver.  The coverage (just like other coverags on an umbrella policy) sits above your auto policy, the uninsured/underinsured motorist portion specifically.
·         Third Party Liability: This is very similar coverage to the excess uninsured/underinsured motorist coverage, but is an entirely different coverage.  Let’s say you are at a friend’s house for a pool party.  Someone dropped some queso on the pool deck and you’re quickly trying to make your way to get the last mini corndog.  You slip on the queso and fall straight into the pool hitting your head on the way down.  I can almost guarantee you will end up with some medical bills, a hospital visit, potentially some lost time at work, if not more.  If that friend only has $100,000 in homeowners liability, they may not have enough to pay for your medical bills.  That’s where this coverage comes in.  It will pick up (first dollar paid out if necessary) you medical bills, lost wages, etc.  What won’t this pay for?  The corndog you never got to eat, but I’m sure that’s the least of your worries.
The next logical question is how do I choose what limit is right?  Which of these coverages I really need?  That first question is another topic to come.  Stay tuned.
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