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New Jersey Insurance - Business FAQ's |
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Additional News and
Information
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The Consumer's Guide to
SMALL BUSINESS INSURANCE
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If you own your own business or are a partner in
one, you're probably already familiar with risk. After all, few things in life
are riskier than launching and running your own small business. Part of the risk
of any small business is the loss of critical tools and property or liability to
others. Either of which can cause loss of income or even force you to close your
doors.
Large companies employ full-time risk managers to keep their risk-taking to a
minimum. But chances are that as a small-business operator, you are your
company's risk manager, along with its personnel director, office manager, and
possibly the entire staff all rolled into one.
While juggling all the jobs that need to get done to make your firm a
smooth-running and profitable operation, you may already be asking yourself,
"Who has time to think about insurance?" You do! Keeping risks and losses to a
minimum is a cornerstone of business success, especially for small businesses.
Take a few minutes now to check your risk factors, find out your insurance needs
and learn the many options available to you. And remember choosing the right
agent is as important as choosing the right insurance.
Created by the Independent Insurance Agents of America, this guide does not
represent the provisions of any particular policy, but it can serve as a
starting point to a complete package of protection.
Index of Questions
Yes, because the chance that you could suffer a
loss begins with the first day of business. You can't get help after the fact.
If you suffer a loss and have no insurance or have improper or insufficient
coverage, there is very little, if anything, your insurance agent can do to help
you. You must be prepared for the risks that are inherent in any business and
the losses, sometimes catastrophic, that they can cause.
Also, many states and local jurisdictions require that businesses be insured to
begin operating. And if you rent space for your business, your landlord probably
requires that you be adequately insured as well.
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Every business has some property. And, when you
think about it, your business is your property. Just like your home and your
car, your business needs to be protected from loss, damage and liability. In
addition, your business is your source of income, so you need protection from
the potential loss of that income.
Generally, there are two types of insurance - property and liability. Property
insurance covers damage to or loss of the policyholder's property. And if
somebody sued for damages caused by you or your possessions (other than a
vehicle covered by your insurance policy), the cost of the suit - both defending
it and settling it if necessary - would be covered by your liability insurance.
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It can be. Many small businesses are now insured
under package policies that cover the major property and liability exposures as
well as loss of income. A common package policy used by many small businesses is
called the Business owners Policy (BOP).
Generally, these package policies provide the small-business owner more complete
coverage at a lower price than separate policies for each type of insurance
needed. Your agent can help you decide which policy or policies are right for
your business. Additional coverage for property, liability or perils or
conditions otherwise excluded (e.g., flood protection) can be purchased as
endorsements to a standard policy or as a separate, second policy called a
difference-in-conditions (DIC) policy.
Because businesses vary, it is impossible to have a standard policy to cover all
contingencies. Also, some businesses, regardless of their size, do not fit the
profile of a standard business owners policy. For example, restaurants,
wholesalers and garages have special liability needs that are not met in the
standard business owners policy. Your insurance agent can advise you of the best
policy (or policies) to protect you and your business.
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Your business may not possess all the following
types of property, but you can use this list to make sure that you have
considered all the property categories and any insurance coverage that may be
warranted:
- Buildings and other structures (owned or
leased)
- Furniture, equipment and supplies
- Inventory
- Money and securities
- Records of accounts receivable
- Improvements and betterments you made to the
premises
- Machinery
- Boilers
- Data processing equipment and media (including
computers)
- Valuable papers, books and documents
- Mobile property such as automobiles, trucks
and construction equipment
- Satellite dishes
- Signs, fences, and other outdoor property not
attached to a building
- Intangible property (good will, trademarks,
etc.)
- Leased equipment
To establish the amount of insurance you need on
each, your insurance agent can help you review the types of property you own and
their uses. Some of these items are covered in the basic policies. For others,
coverage can be added by an endorsement, or rider. And some, like money and
securities, may not be covered by a standard commercial policy and may require a
second, separate policy.
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The best thing to do is to take a complete
inventory of all your business property, determine their value and decide if
each is worth insuring. Then check to see that the items on the inventory list
are included in the basic business property policy and covered for the correct
amount. If not, ask your agent about the cost of purchasing additional coverage
to meet your needs.
You also need to consider your business situation. Are you planning a major
expansion? Does your inventory have a decidedly peak season (like a toy store in
December)? Or does it fluctuate throughout the year (like a clothing store)? Is
your liability limit high enough in light of the new job contract you just
signed? Business policies are designed to be added to or subtracted from to meet
your needs. Be sure to discuss changes to your business with your agent so that
he or she can be sure your policy still provides adequate coverage.
Some common additional coverages for business property include (although this
list is by no means all-inclusive):
Boiler and Machinery Insurance
Even if you do not own a boiler, you may need
this coverage. The term "boiler and machinery insurance" is gradually being
replaced with terms such as "equipment breakdown" or "mechanical breakdown"
coverage. This insurance provides coverage against the sudden and accidental
breakdown of boilers, machinery or equipment, including computer systems and
telephones/communication systems. Coverage usually includes reimbursement for
property damage, expediting expenses (e.g., express transportation charges), and
business interruption losses.
Builders Risk Coverage
Covers buildings in the course of construction.
Depending on the policy, this coverage can be for either the building's value at
the time of loss or its full value at the time of completion.
Building Ordinance Coverage
Provides coverage when a community has a building
ordinance stating that when a building is damaged to a specified extent (usually
50 percent), it must be completely demolished and rebuilt in accordance with
current building codes rather than repaired. Special attention is required when
establishing the amount of insurance.
Business Interruption Insurance
Covers the loss of earnings as a result of damage
or loss of business property. Reimbursement for salaries, taxes, rents, and
other expenses plus net profits that would have been earned during the period of
interruption can be included.
Commercial Crime Coverages
Covers money and securities, stock and fixtures
against theft, burglary and robbery both on and off the insured premises and
from both employees and outsiders.
Debris Removal Coverage
Covers the cost of removing debris after damage
from fire or other covered peril that requires debris removal before
reconstruction of the damaged building can begin. This is not part of fire
insurance coverage and must be added as an endorsement.
Fidelity Bonds
Covers business owners for losses due to
dishonest acts by their employees.
Glass Coverage
Provides coverage for glass breakage such as
store windows and plate glass on office fronts.
Inland Marine Insurance
Primarily covers property in transit such as from
warehouse to warehouse or warehouse to retail store, as well as other people's
property left on your business premises, such as clothes left at a dry cleaning
business or an employee's personal effects left in the company locker room.
Insurance for Loss of Lease Income or Value
Covers the loss of income when rental property is
damaged or destroyed and the loss of value when the owner of the rental property
also used some of its space for business. If the tenant of the destroyed or
damaged building is forced to rent space elsewhere at a higher cost, this is
called loss of lease value.
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There is no one answer to this because each
business is different. You can consult with your agent on the monetary limits
needed to cover your potential for loss. Obviously, a one-person accounting firm
will need to purchase less insurance than a store with a substantial inventory.
But each will need to make sure that all necessary business property is covered,
that the limits of liability are sufficient to protect the owner and the
employees, and that loss of income is protected.
In addition, each business has unique needs and situations that must be handled.
If the store happens to be located on a flood-prone area, the owner should
invest in flood insurance. The accountant may wish to purchase
reconstruction-of-accounts-receivable insurance to cover the loss of accounting
records. The costs of reconstructing those records, money borrowed because of
delayed payments due to the records being lost, and lost payments from those
clients whose records cannot be reconstructed are all covered.
Liability protection also will vary from business to business. A retail business
is more at risk for potential suits than a business that is not open to the
public. Also, in some states, courts tend to respond more positively to
lawsuits, increasing both the likelihood of successful lawsuits and the amount
of damages awarded. In today's lawsuit-conscious society, higher liability
limits are extremely important and relatively inexpensive. Your agent can help
you decide how much coverage is needed for your particular business.
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Property insurance can be purchased on the basis
of the property's actual value, on its replacement cost, or on an agreed amount.
The differences between the three are:
Actual Cash Value
The replacement cost of the item minus
depreciation. For example, a new desk may cost $500. If your 7-year-old desk
gets damaged in a fire, it might have depreciated 50 percent. Therefore, you
would be paid $250 for it.
Replacement Coverage
The cost of replacing an item without deducting
for depreciation. So today's cost for a desk of a size and construction similar
to the 7-year-old one damaged by fire would determine the amount of
compensation. If it costs $500 today, that would be the replacement coverage.
Agreed Amount
Art objects, antiques and other unique items are
usually insured at an amount agreed upon when the policy is being written. An
appraiser values the goods to be insured and the business owner and the insurer
agree upon an amount that the insurer will pay if the goods are destroyed due to
an covered peril.
Check your policy. If you prefer replacement
coverage and do not already have it, this coverage can be added to your policy.
Inflation-guard coverage, which automatically increases your insurance amount a
certain percentage, protects against rising construction costs. Your agent can
advise you of the costs involved.
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Basic property insurance policies generally cover
losses caused by fire or lightning and the cost of removing property to protect
it from further damage (e.g., removing inventory or equipment from a damaged
building so it won't be stolen). "Extended perils," including windstorm, hail,
explosion, riot and civil commotion, and damage caused by aircraft, automobiles
or vandalism, are usually covered in a standard policy. Other important perils,
often not covered and considered "optional" in almost all standard policies,
include earthquake and flood damage, building collapse, and glass breakage.
Property insurance can be written as either "named peril" policies or so-called
"all risk" policies. A named peril policy provides coverage for those perils
specifically named in the policy. An all risk policy covers loss by any perils
not specifically excluded in the policy. The term "all risk" does not mean that
all perils will be covered and, to avoid confusion, is often replaced with the
term "special form" or "special causes of loss" coverage.
Check with your agent on the perils covered by your policy. If you wish,
additional coverage can be added.
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No business can afford to be unprepared for a
lawsuit. Liability insurance protects your business assets when the business is
sued for something the business did (or failed to do) that contributed to injury
or property damage to someone else. Liability coverage extends not only to
paying damages but also to the attorneys' fees and other costs involved in
defending against the lawsuit - whether valid or not.
The standard business owners policy provides liability coverage, as does a
separate policy known as a commercial general liability (CGL) insurance policy.
Generally, commercial liability insurance, whether purchased in a separate
policy or as part of a standard business owners policy, will cover bodily
injury, property damage, personal injury or advertising injury. The medical
expenses of a person or persons (other than employees) injured at the business
or as a direct result of the operations of the business are also covered.
Usually excluded from both types of liability insurance policies are suits by
customers against a business for nonperformance of a contract and by employees
charging wrongful termination or racial or gender discrimination or harassment.
Check with your agent about the best liability protection covering all types of
situations that may arise in your business.
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Yes, but in addition to covering the vehicles you
own for liability, medical payments, uninsured motorist coverage, comprehensive
and collision, it also covers you when you rent a car and when your employees
are operating their personal cars for your business. Be sure to review your auto
exposures with your agent.
Yes, and in most states there are legal
requirements that must be met, and for which you may be responsible. State laws
vary, but most states require that you carry some form of workers compensation
insurance. This protects the employee and also offers you the business owner a
degree of immunity from lawsuit by an injured employee.
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Yes. Whether you have one vehicle or several, you
will need a business automobile policy. Such a policy covers any motor vehicle
used in your business including cars, vans, trucks and trailers pulled by
trucks, and offers coverage if they are damaged or stolen. It also covers
liability if the business vehicle is in an accident and the driver is at fault.
This policy is not for truckers or commercial garages. They have special
liabilities and must secure special policies that deal with their different
needs. Businesses that have a fleet of vehicles will of course have different
needs than a business with one or two, and their policies will reflect these
differences.
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Whether the business lease is for a building or
for equipment, the agent needs to determine who is responsible for insuring the
leased items - you or the lessor. For leased buildings or building space, there
are other factors to be considered, such as who is responsible for plate glass
coverage and whether your landlord requires tenants to carry minimum amounts of
liability insurance, and the extent of a hold harmless agreement. These and
other situations covered in the lease affect the amount and kinds of insurance
you need.
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Yes, if your business transports, stores or uses
toxic materials, you are required by law to have a special environmental
liability policy. If these materials should be discharged accidentally into the
water or leak onto the ground due to a covered peril like fire, the cost of
extracting the pollutant from the business premises is covered up to the dollar
amount set forth in the property section of your policy.
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The standard business owners policy contains
coverage for loss due to fire, including coverage for property of others the
insured business was repairing, storing, or otherwise servicing in order to earn
money. The coverage only applies, however, if the business is legally liable.
Thus, if lightning causes the fire, the business is not responsible because
lightning is out of the control of the business owner. There are other policies,
called Bailee's policies, that provide even broader coverage for your customers'
possessions. A Bailee's policy is often useful to help maintain good customer
relations.
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Shipping companies often carry insurance to cover
their losses. However, the shipping company's insurance may be too low or you
may have difficulty collecting on a claim after signing for the shipment.
Therefore, "property in transit" insurance is available to cover your property
being transported by truck, rail, ship, or other means of shipment. Also, the
firm you hire to transport goods and the contract you sign with them may affect
your need for coverage. Make sure you check with your insurance agent.
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Yes, but on a very limited basis. Loss of
business property is usually reimbursed up to $2,500 in the house and up to $250
for business property damaged or lost away from the premises. Even if your
business is a sideline such as a craft studio, these limits may be too low to
cover all the equipment and materials you have accumulated. It's also important
to know that no business liability coverage is included in a standard homeowners
policy. Your insurance agent can help you ascertain what, if any, additional
coverage you need. This additional coverage may be added to your homeowners
policy or found in a separate commercial policy.
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Most business policies include a "coinsurance"
clause stipulating what percentage of the total value of your property must be
insured in order to be fully reimbursed for a loss, even a partial one. (Most
losses are partial.) If you insure for less than that amount, your insurance
company may impose a "coinsurance penalty" on your claim.
Here's how coinsurance works:
Let's say you have a building insured that you believe would cost $100,000 to
replace and a coinsurance penalty in your policy of 80 percent. You insure the
building for $80,000, thinking you have fulfilled the coinsurance clause. A fire
loss causes $60,000 worth of damage, so you submit a claim. Your insurance
company subsequently determines that the replacement cost of the building is
actually $150,000. To determine how much to pay on the claim, the insurer
divides the amount of insurance you purchased ($80,000) by the amount you should
have purchased (80% of $150,000 or $120,000). The result (two-thirds, or
$40,000) is the amount of your claim the insurer will pay.
Thus, even for a partial loss within the monetary limits of your policy, you
will receive only two-thirds of the amount claimed. If the building had been
insured for at least $120,000, the insurer would have reimbursed you for the
full amount of the loss.
You should check with your agent to make sure you have adequate coverage. Adding
an endorsement to the policy that automatically increases policy limits to keep
pace with inflation is a good idea.
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As long as you do not alter the products you
receive from manufacturers for resale, you have only a secondary liability. The
product manufacturer is the first liable party. General liability insurance
usually covers this secondary liability, but you should check with your agent to
be sure your business is adequately covered. Recognize, too, that your liability
policy will pay
defense costs, whether or not a judgment is rendered against you.
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Employee benefits generally include health
insurance (sometimes including dental and vision benefits), term life insurance,
and possibly a retirement program. Group disability insurance is also available,
although employers and employees opt for this benefit less frequently.
Employers can provide coverage for their employees alone or for the employees
and their families. Cost is usually the determining factor. With the high cost
of health insurance in the United States today, employers are more likely to ask
employees to pay some or all of the costs of health insurance for their families
and sometimes for the employees themselves.
Depending on the size of the group to be insured, the business may serve as the
policyholder for the group's insurance. However, for many small businesses, the
insurer will pool them together in a multiple-employer trust. The trust itself,
rather than any single employer, is the policyholder. This enables smaller
businesses to benefit from the lower premiums and other services enjoyed by
large groups.
Small businesses can also sometimes obtain employee benefit insurance through
their trade or professional association. Your best bet as a small business
operator is to find a way to join a larger pool seeking benefits. Check with
your agent on the options available to you.
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Can I do anything
to lower my insurance premiums?
Remember that all insurance premiums are based on
the risks involved. The insurance company evaluates the situation to determine
the risks - or potential for losses - and bases its rates on the results.
Therefore, deliberate steps you take to lower your risks not only can help
safeguard your business but also may make you eligible for lower insurance
rates. Consider these steps:
- Maintain adequate lighting throughout your
business premises.
- Keep electrical wiring, stairways, carpeting,
flooring, elevators, and escalators in good repair.
- Install a sprinkler system, smoke and fire
alarms, and adequate security devices.
- Keep only a small amount of cash in the cash
register.
- Keep good records of inventory, accounts
receivable, equipment purchases and the like. Consider keeping a second set of
records off-site, such as with your accountant, insurance agent or at home.
- Make sure your employees have good driving
records.
- Make sure your employees know how to lift
properly and use all necessary safety equipment, such as goggles, gloves, and
respirators.
- Consider using the services of a risk manager.
Such an outside consultant can advise you of any safety or environmental
regulations you may have overlooked or not been aware of and talk to your
employees about safety practices.
- You may also wish to raise your deductible
where appropriate to lower your insurance premiums. How high to raise the
deductible should be governed by how much you can afford to pay out of pocket.
Be careful not to raise it so high that you cannot cover it should a loss
occur.
- Finally, make sure your agent is familiar with
your business and the risks inherent in it. He or she should be able to advise
you on risk management techniques and their benefits to both you and the
insurer.
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Insurance is a heavily regulated industry. Every
state has some sort of department, administration or agency that regulates and
monitors every insurer operating within the state's borders. In addition to
approving rates, your state's insurance department is involved in all insurance
matters on behalf of private citizens and businesses. It also issues operating
licenses to insurers and agents, based on their ability to meet the state's
requirements for conduct and knowledge about insurance issues.
Your insurance company and agent work closely with your insurance department to
make sure you are getting the best and fairest possible service within the
state's guidelines. If you ever have difficulty settling a claim, work with your
agent to resolve the difficulty. However, you can also contact your state's
insurance department if you wish to know more about your options and rights as
an insurance consumer.
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Agents are there to help you. At the most basic
level, any agent should be able to answer all of your questions about insurance,
provide you a thorough assessment of your insurance needs, and offer you a
choice of insurance products to meet those needs. Also, any insurance agency
should provide you with prompt, quality service in the case of a claim.
Just as important is the level of professional confidence and personal comfort
you feel with the agent. Many people stick with the same insurance agent for
decades, even generations. It helps to find an agent you can get to know and
trust.
An important, but sometimes overlooked, factor to keep in mind is that there are
two kinds of insurance agents: those who represent only one insurance company
and those who represent more than one insurance company.
Agents offering through their agencies only the policies of one insurance
company often are referred to as "captive agents," because the company they
represent does not allow them to offer their customers competitive alternatives.
By contrast, agents offering through their agencies the policies of more than
one insurance company are called "independent agents," because they can shop
around for their customers for the best insurance values among a variety of
competing companies.
A nationwide survey in 1994 showed that Americans prefer to work with
independent insurance agents by a 2-to-1 margin over captive agents. You can be
sure you are dealing with an independent agent when you see this symbol on the
agent's signs, letterhead and business cards.
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