Ride Sharing and Your Auto Insurance

Ride Sharing - Uber
(Photo Credit: Uber Technologies, Inc.)

Ride sharing programs (Transportation Network Companies) such as Uber and Lyft have transformed how people get in and around cities. The idea is pretty simple. Using a smartphone app, riders can easily connect to a TNC driver to provide an alternative to traditional taxis and black cars that is convenient, competitively priced, and powered by private car owners. Chances are, you’ve probably either used or at least heard of these services.

It all sounds easy enough, but the concept is not without issues and controversy. One of the biggest issues is how traditional personal auto policies do, or more importantly, do not provide insurance protection when they are being used in a ride sharing program.

In Massachusetts and New Jersey, Personal Auto policies generally exclude coverage for accidents arising out of driving passengers for a fare, known as livery. TNCs do offer insurance plans for drivers when there is a fare in the car. When there is no passenger in the car, but the driver is waiting for a fare, there is a potential significant gap in coverage.

In addition, if an insurance company finds out you are driving your car for a TNC, they may cancel your Personal Auto coverage because of this expanded use. If you plan on driving for a ride sharing (TNC) service, you should talk to your independent agent and learn what you need to do in order to be properly insured and protected

You can read about the full insurance and non-insurance requirements for TNC vehicles and drivers on the Massachusetts Legislature’s website.

Icy Sidewalks And Injury Prevention

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(Photo Credit: Fotolia)

Every winter, many people are injured when they slip and fall on icy sidewalks, driveways, and parking lots. These injuries can range from minor bumps and bruises to broken bones and head injuries. Whether you’re a property owner/manager or just going for a walk outside, there are some things you can do to help prevent injury to yourself or others when the pavement gets slippery.

For Property Owners/Managers

  • If you don’t have access to a snowblower or a plow, shoveling walking surfaces early and often during heavy storms will make the job easier and less stressful on your body. While shoveling, drink plenty of water and take breaks.
  • Make sure entrances and vestibules are kept dry or wet floor signs are present when water and slush are tracked into a building.
  • Check your local municipal government’s website to see if there are laws or ordinances regarding snow removal deadlines to avoid fines or citations.
  • Be mindful of the type of salt/de-icer you use on your driveway/walkway and apply only the recommended amounts as indicated by the manufacturer. Certain kinds are harmful to plants, animals, water supplies, and may even damage the surface itself.
  • Grit, such as sand, kitty litter, and gravel can help provide extra traction on stairs and sidewalks, especially when combined with salt or de-icer.
  • Lock all gates, doors, and fences leading to restricted or unused outdoor areas (such as bar or restaurant patios) to prevent trespassers and unauthorized visitors from slipping on untreated surfaces.
  • Risk Transfer – if you’re using a contractor to clear snow and ice from walkways, driveways and parking lots, make sure you have a signed contract with contractor assuming responsibility for this exposure and you are named as an Additional Insured on the contractor’s GL policy covering this operation.

For Pedestrians

  • Move slowly and try to keep your steps flat to the surface to avoid slipping on icy or wet areas.
  • Wear shoes or boots with plenty of traction. If the soles of your footwear are smooth or worn, they are more prone to losing grip on slippery surfaces.
  • Black ice may form when the temperature drops suddenly after a storm. Be especially careful walking outside after the weather has been cold and wet.
  • Watch out for traffic. Icy conditions for pedestrians mean icy roads for motorists who may lose control of their vehicles if they’re not careful.

Icy and untreated sidewalks are dangerous and can leave your home or business vulnerable to a injury claim or lawsuit. Following these tips can help mitigate your risk of being liable if someone slips and falls.

Maintaining Vacant Property

(Photo Credit: Google Maps)

It is easy to understand how an unoccupied office, building, or apartment could seem harmless from the perspective of the insured. Many business owners operate remotely and maintain vacant property in other locations. Vacant properties however, can present a surprising number of challenges if not properly monitored.

Property is considered vacant if less than 31% is occupied. Because of the lack of owner or tenant presence, vacant properties are more likely to experience damage and are prone to criminal activity.

Property that has been vacant for 60 consecutive days before the loss may not be covered by an insurance claim if the following events occur:

  • Vandalism
  • Sprinkler leakage (resulting from unprotected pipes)
  • Glass breakage
  • Water damage
  • Theft or attempted theft

In addition, other covered causes of loss are reduced by 15% for vacant but insured property.

Consider taking steps to ensure that your vacant commercial property is secured and protected from loss that may occur in an owner’s absence. There are ways that both tenants and property owners can reduce the risk associated with unoccupied building space for extended periods of time. Properly setting the thermostat, or using a remote climate controlled system, and turning off the water supply when not in use prevents leaks, cracks, and water damage. Ensuring that ice dams are prevented and gutters cleaned out also helps reduce possible damage. Installing an alarm system and providing lighting around the perimeter discourages burglary, theft, and glass breakage.

Understanding Employment Practices Liability Risk

superior court
(Photo Credit: Fotolia)

Many businesses underestimate the potential risk involved with not having employment practices liability insurance (EPLI). Having a code of conduct and expertise in human resources helps mitigate most forms of unlawful employment practices, but incidents can and do still happen. Every business is exposed to employment practices liability, an area of professional liability that includes:

 

  • Breach of Contract
  • Sexual Harassment
  • Discrimination
  • Invasion of Privacy
  • Wage/Hour Law Violations
  • Intentional Emotional Distress
  • Wrongful Termination
  • False Imprisonment

 

The laws regarding these illegal practices are interpreted and enforced by the Equal Employment Opportunity Commission (EEOC), which recognizes eleven types of employment practices discrimination: age, disability, equal pay/compensation, genetic information, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment.1, 2

 

Employment practices don’t deal with just full-time employees either. Volunteers, part-time workers, contractors, customers, and vendors can all file charges against an employer for an alleged violation of these laws. With these types of charges on the rise, it is important for business owners to fully understand the laws surrounding employment practices as well as the tools needed to best protect them from potential lawsuits. For more information about employment practices liability, visit our Employer Protection resource page.
1 http://www.eeoc.gov/laws/statutes/index.cfm

2 http://www.eeoc.gov/laws/types/index.cfm