Category Archives: Business Risk

The overlooked employee lawsuit risk of family-owned businesses

One might think that family-owned and operated businesses would be relatively immune from employee lawsuits, but that’s not the case according to a recent Gen Re article.

The reasons family-owned businesses get sued include: most family owned businesses employ at least one non-relative; the non-relative is likely to be first to be fired when the business is struggling; and family members are reluctant to discipline each other for bad workplace behavior, especially if the family patriarch is the one misbehaving.

The article gives several examples of lawsuits against family businesses and the awards paid out, concluding that a family-owned business would benefit from including employment practices liability insurance (EPLI) as a part of its insurance package.

 

The Week in a Minute, 12/15/17

The III’s Michael Barry briefs our membership every week on key insurance related stories. Here are some highlights. 

More than 90,000 people have been evacuated in recent weeks as California’s Thomas Fire—the fourth largest in the state’s history in terms of acreage burned—migrated last weekend (December 9-10) into Santa Barbara County from Ventura County.

The total insured damage caused by 2017’s hurricanes Harvey, Irma, and Maria, coupled with two Mexican earthquakes, could rival 2011’s record catastrophe-related payouts from that year’s major earthquakes in Japan and New Zealand, according an analysis published in The Wall Street Journal’s Wednesday, December 13, print edition.

The I.I.I.’s Market Report webinar, “Protecting Small Business Against #cyberfail,’ was held on Monday, December 11.  It is archived online.

 

I.I.I. Market Report Webinar: Protecting Small Business Against #cyberfail”

“Small businesses are an easy target,” said Steve Clarke, Vice President, Government Relations, ISO. Clarke was one of several experts describing the cyber threat small business owners face in an Insurance Information Institute webinar Dec. 11, “Protect Your Business from #cyberfail.”

Many of these enterprises are data-rich businesses, Clarke continued, pointing to how a recent study estimated 28 percent of cyber thefts occur at health care companies while another 17 percent came at financial services firms.

Other issues which arose—

Cutting down the time between when a cyber breach takes place, and when the victim notices it has happened, also known as the ‘dwell time.’

The importance of educating employees about cyber risks, and how many cyber breaches occur because a company’s employees unknowingly open emails which are part of phishing operations aimed at gaining access to a company’s computer network.

The U.S. Small Business Administration has materials on cybersecurity on its website.

Watch this webinar now.

Presentation Date
Monday, December 11, 2017

Speakers

Introduction: James Lynch, Chief Actuary, Insurance Information Institute

Moderator: Marty Frappolli, Senior Director of Knowledge Resources, The Institutes

Panelists:
• Steve Clarke, Vice President, Government Relations, ISO
• Nick Graf, Ethical Hacker, CNA Insurance
• Donald Smith, Director of the Office of Entrepreneurship Education, Small Business Administration
• Michael Rohrs, Associate Director of Global Cyber Practice, Control Risks

JOIN US FOR THE I.I.I. MARKET REPORT WEBINAR: PROTECTING SMALL BUSINESS AGAINST #CYBERFAIL

On-demand Webinar, December 11

America’s 28 million small businesses have virtually the same exposure to hackers and other cyberthreats as America’s largest companies. While the billion-account hacks get most of the attention, what small businesses might not realize is that they are far more likely to be crippled or put out of business in the wake of a cyberattack.

On Monday, December 11, the Insurance Information Institute (I.I.I.) will host its I.I.I. Market Report Webinar: Protecting Small Business Against #cyberfail. Leading experts from CNA Insurance, Control Risks, The Institutes, the Small Business Administration and Verisk will join the I.I.I. to discuss the current commercial cyberrisk landscape, how small business leaders can use insurance products effectively, and how they may best employ risk management best practices and other tactics to protect their firms.

Webinar Details
Monday, December 11, 2017

2pm – 3 PM EST

Register here


Speakers
Introduction: James Lynch, Chief Actuary, Insurance Information Institute
Moderator: Marty Frappolli, Senior Director of Knowledge Resources, The Institutes

  • Steve Clarke, Vice President, Government Relations, ISO
  • Nick Graf, Certified Ethical Hacker, CNA Insurance
  • Michael Rohrs, Associate Director of Global Cyber Practice, Control Risks
  • Donald Smith, Director of the Office of Entrepreneurship Education, Small Business Administration

 

Workplace Harassment and Retaliation Charges

By Brent Carris

Back in October, in the wake of the sexual harassment allegations levied against Hollywood mogul Harvey Weinstein, I.I.I.’s Claire Wilkinson wrote this post about Employment Practices Liability Insurance (EPLI). It appears that companies are aware of the risk and are increasingly purchasing insurance, including EPLI, to cover costs associated with sexual harassment lawsuits.

In addition to buying insurance, companies have risk mitigation protocols in place to handle sexual harassment in the workplace. But a study of employee lawsuits recently published by Hiscox, illustrates how the aftermath of sexual harassment complaints can turn into charges of retaliation by the time the employee files a complaint with the EEOC.  According to the EEOC, many of those who complain of harassment in the workplace also face retaliation. Retaliation was the most prevalent charge category, named in 46 percent of all charges with the EEOC.

The Hiscox study also found that employers in some states have a much higher chance of being sued than in others. In Washington D.C. employers have an 81 percent higher chance of being sued followed by Delaware, Nevada and California.

 

Building a cyber-savvy workforce

Employee negligence is the leading cause of cyber security breaches. This Willis Tower Watson blog post suggests several ways to improve employee awareness of good cyber hygiene. They include increasing the frequency of awareness training; adopting a ‘learn by doing’ training approach; gamification of training; appointing employee ‘cyber ambassadors’; ensuring the IT department has the right skills; and evaluating corporate culture to make sure it supports cyber awareness. More details on building a cyber savvy workforce are available here.

Source: Willis Tower Watson Claims Data

Commercial insurance rates variable: IVANS Index

Nearly all major commercial insurance lines experienced premium renewal rate increases in October, according to the IVANS Index.

In its analysis, only workers’ compensation remained in negative premium renewal rate territory, IVANS said. Business Owners Policy remains as the line of business with the highest premium renewal rate change, despite continuing its downward trend.

October rate changes include:

  •     Commercial Auto: 3.10%, up from 2.55% at the end of September.
  •     BOP: 3.57%, down from 3.87% the month prior.
  •     General Liability: 1.79%, up from 1.70% at the end of June.
  •     Commercial Property: 2.83%, up from 2.40% the month prior.
  •     Umbrella: 1.34%, down from 1.45% at the end of June.
  •     Workers’ Compensation: -2.24%, down from -1.31% the month prior.

Analyzing more than 120 million data transactions, the IVANS Index measures the premium difference year over year.

Small business and cyber insurance

Risk management services are an important way cyber insurance adds value for small businesses, according to a new I.I.I. paper.

In Protecting Against #Cyberfail: Small Business and Cyber Insurance, I.I.I. co-authors James Lynch and Claire Wilkinson say:

“The provision of these types of services is considered a growth area in the cyber market for SMBs, where price may be a barrier to insurance coverage in the first place. For larger companies, cyber-related risk management services may be offered at a discount or for free.

“For SMBs in particular, offering a risk management or training solution where they can learn more and keep themselves up-to-date on current threats is perhaps most valuable.”

Also heard at the Advisen Cyber Risk Insights Conference in NYC last week: part of the value proposition for SMBs is that cyber policies offer solutions, not just coverage.

Andy Lea, vice president underwriting for E&O, Cyber and Media, CNA, told the conference: “The value proposition is more prominent with SME and middle market companies that just don’t have resources available in-house to manage risks. This is an opportunity for brokers and carriers to add value.”

What cybersecurity measures do businesses have in place?

In the third week of National Cyber Security Awareness Month, Insurtech Insights newsletter by CB Insights gives a timely update on the cyber insurance market, and where startups are playing in this growing industry.

It notes the “tremendous opportunity” to sell cyber insurance to small businesses.

A recent Better Business Bureau study estimates that 15 percent of small businesses have cyber insurance. BBB Accredited Businesses are almost three times as likely to include cybersecurity insurance.

Fortunately, about nine out of 10 businesses reported to the BBB they have some cybersecurity measures in place, with the most common ones: antivirus; firewall; and employee education:

How to protect employees against harassment

What are companies doing to protect employees against harassment? This question has added weight after the October 8 firing of Harvey Weinstein by the board of Weinstein Co. following reports of sexual harassment complaints against him. Earlier firings at Fox News and Uber have also brought the issue into focus.

From MarketWatch: “Companies are increasingly buying insurance, including employment practices insurance to cover costs associated with employment lawsuits,” said David Yamada, a professor of law and the director of the New Workplace Institute at Suffolk University.”

Some insurers are also providing training materials for companies to teach their employees about sexual harassment in hope of avoiding it, Yamada added.

Per this 2016 Betterley report, more insurers are partnering with vendors to offer risk management services, such as training and education, consultation and outreach to insureds:

“EPLI value-added services remain an important part of the product when done right, offering employers access to tools that can truly make a difference in the frequency and the severity of claims—as well as the bad feelings that accompany employee/ employer disputes.”

Gross written premium for employment practices liability insurance (EPLI) increased to $2.1 billion in 2015, according to MarketStance data.

I.I.I. information on EPLI coverage is available here.