Archive for December, 2008
Make-A-Wish Update
Thursday, December 18th, 2008 | Helping the Community | No Comments
Last month I blogged about how rewarding it was to sponsor Kambryn’s wish to go to Disney World with his family through the Make-A-Wish Foundation. Since then, Next Generation Underwriters has committed to sponsoring the wishes of three more children.
In fact, this Saturday my wife and I will get to meet Tristen at a party being held in his honor. Tristen is 6 years old and is from right here in Hendersonville. On Saturday, Tristen will be surprised with the news that Next Generation Underwriters is granting his wish to go to Disney World with his family. I can’t wait.
We’ll be sure to take pictures to share with you.
John Evans
President
Next Generation Underwriters
615.822.5454
jevans@nguins.com
Wearing your (PPE) Personal Protective Equipment on the job is your responsibility (not just the employer)…
Tuesday, December 16th, 2008 | Job Safety | No Comments
Many times in our public workplaces an unfortunate injury will occur in which the accident could have simply been prevented by the worker wearing his/her protective equipment. Employers supply workers with protective equipment such as gloves, masks, helmets, glasses, and shoes to try and keep their employees from specific hazards in which the job may encounter. The story unfortunately doesn’t always end here. If protective equipment is issued to an employee it has now become the responsibility not only of the employer but also the employee to make sure she/he wears the equipment when required. Many times in our public workplace an accident or injury will occur not because the equipment was not issued by the employer but simply because the employee chose not to wear he/she’s protective equipment during the job. Many excuses are usually given when asked by supervisors why the employee was not wearing the assigned protective equipment when the accident or injury occurred. I have listed below the top 5 reasons workers sometimes fail to wear their protective equipment on the job. I have listed them backwards for the sake of a true David Letterman countdown.
5. The equipment was broken and I have been meaning to get it replaced.
4. I forgot them in my vehicle (or at home) and was going to grab it at lunch.
3. Another employee had lost his/hers and I let them borrow mine.
2. I can do the job faster when I am not wearing it.
1. It’s uncomfortable!
The bottom line is that Personal Protective Equipment is issued to us so that we can do our job effectively while dramatically reducing the risk of injury. Employers and supervisors are also responsible for making sure workers are continually wearing the proper equipment and that it is up to date and well maintained.
Remember, safety is a full time job; we must make sure we do not make it a part time practice.
Mark Bilyeu
Loss Control Consultant
Safety Engineering Consultants
615.826.4274
mbilyeu@sectn.com
Strength of program now reaching new Utility Districts.
Tuesday, December 16th, 2008 | Where we will be | No Comments
Next Generation Underwriters and the Tennessee Risk Management Trust welcomes Tellico Area Service Systems of Loudon and Monroe Counties.
We are extremely pleased to welcome Tellico Area Service Systems (TASS) to our program. This Utility Districts exemplifies dedication to providing its customers with the best water services possible for Monroe and Loudon Counties in East Tennessee. Located just off Highway 411, TASS serves around 3500 customers currently and is in the process of expanding down to Sweetwater soon. We thank Mark Clinton, Dion Shults and Greg Collette for choosing our program with the Tennessee Risk Management Trust.
Kirk Smith
Account Executive
Next Generation Underwriters
615.822.5454
ksmith@nguins.com
Regional meetings kick in gear for January TAUD members
Tuesday, December 16th, 2008 | Where we will be | No Comments
Regional meetings are in the process of being scheduled for January and Next Generation Underwriters will be there. Region 7 will be on the 7th, meeting place and program TBD. Also, Region 8 will have a meeting on January 8th, at Cavi’s Restaurant in Gleason. Region 1 will have a meeting on January 15th, place and program are TBD. The last meeting of the month with be for Region 6 at the ADC Offices in Fayetteville.
We hope to see you there.
Kirk Smith
Account Executive
Next Generation Underwriters
615.822.5454
ksmith@nguins.com
Employment Practices Liability
Tuesday, December 9th, 2008 | Insurance Topics | No Comments
a. Refusal to employ;
b. Termination of employment;
c. Practices, policies, acts or omissions such as Coercion, Demotion, Failure to Promote, Evaluation, Reassignment, Discipline, Humiliation, Libel, Slander, Defamation of Character, Harassment, including Violation of Civil Rights or Discrimination by the MEMBER, which are employment related;
d. Any act relating to the selection, supervision or dismissal of any employee.
Covered: Defense Costs – Included within the limit. Should the defense cost result in a total over the $1,000,000 available limit, there is a $1,000,000 limit available through our reinsurer. Also includes: Discrimination toward a vendor; customer.
Coverage Not available: 1) Back Wages & 2)Consent to Settle Option
WRONGFUL ACT means any actual or alleged error or misstatement, omission, act or neglect or breach of duty due to misfeasance, malfeasance, and nonfeasance, including any EMPLOYMENT PRACTICE VIOLATION, Discrimination, and Violation of Civil Rights by the MEMBER, including mental anguish which arises out of any EMPLOYMENT PRACTICE VIOLATION, Discrimination, and Violation of Civil Rights by the MEMBER.
All CLAIMS based on or arising out of the same WRONGFUL ACT or a series of related WRONGFUL ACTS by one or more MEMBERS shall be deemed one WRONGFUL ACT. Only one coverage, issued by the TNRMT, one DEDUCTIBLE, and one LIMIT OF COVERAGE is applicable to any one WRONGFUL ACT.
As the information provided above proves, this is a very important coverage for today’s work place and the liability presented by the employee/employer relationship.
Jackie Richards, AU, CPIW, CPCU
Customer Service Representative
Next Generation Underwriters
615.822.5454
jrichards@nguins.com
Region 2 Meeting for the Tennessee Association of Utility Districts draws huge attendance.
Friday, December 5th, 2008 | Where we will be | No Comments
It didn’t hurt that the meeting was scheduled at Bass Pro Shops in Kodak/Sevierville. When the meeting notice from Region 2 Leader Wayne Watson went out, Utility District personnel jumped at the opportunity to hear a great program provided by Gary McGill of McGill Associates and do a little early Christmas shopping. (If a man doesn’t enjoy shopping at this type of retail outlet, then his shoe aren’t tied correctly).
With over 75 attendee’s, the program got started with Harold Corum serving as host and introducing Gary McGill who gave a great presentation on current and upcoming legislative news from Nashville along with some Federal regulations that are in the pipeline.
Bill Biles from TOSHA spoke on the recent accidents this past year that happen in Mosheim and Harrogate. Roger Booher and Dan Martin gave members updates on the latest news from TAUD. Then members got to hear Brian Boyd, Hydrologist with the National Weather Service office in Morristown on the current drought conditions.
After the meeting was finished, members enjoyed a great lunch sponsored by McGill Associates at the Islamorada Fish Company Restaurant located inside Bass Pro Shops. After lunch activities included the chance to use the Bass Pro Indoor Shooting Gallery.
A special “Thank You” to Gary McGill and McGill Associates and Wayne Watson for their hospitality.
The next scheduled meeting for Region 2 will be on March 4th 2009 with the “Best Tasting Water Contest”. More information on that meeting will follow.
Kirk Smith
Account Executive
Next Generation Underwriters
615.822.5454
ksmith@nguins.com
FAQs - Coverage
Friday, December 5th, 2008 | Insurance Topics | No Comments
During the past few years, there have many questions concerning the operation of owned and non owned vehicles by members of the Tennessee Risk Management Trust. Following are some of the most frequently asked questions. The information is intended to be a guide, however, certain exemptions exist which should be addressed separately. Any further clarifying information may be obtained by calling 877-822-6161.
Question: Is the school bus driver covered if an accident occurs during his operation of a school bus for school purposes?
Answer: The school bus driver is covered provided he or she is an employee of the school district and is driving the bus according to his or her duties as a bus driver.
Question: Our school district contracts the use of privately owned buses and their drivers. Will our insurance cover the operation of these buses?
Answer: These buses will be covered under the TNRMT program provided they are listed on the schedule of vehicles and arrangements have been made through contractual assumption of liability even though the buses are not owned by the school district. The owner/driver of the school bus will be covered only if the school district has agreed in writing and by contract to cover such liability and we have been duly informed.
Question: We sometimes allow a student to transport fellow students to various school approved activities using the student’s car. Is the driver covered? Are the student/passengers covered?
Answer: The student is neither an employee nor is he driving a school owned vehicle. The student is “loaning” his car to the school and is therefore “loaning” his insurance much the same as the school district does when it “loans” a bus to the Little League. The student/passengers would be covered by the owner’s insurance. In this situation the school district would most likely have some contingent liability. This would be covered by the TNRMT. Needless to say, this practice is not good risk management.
Question: If our coach drives the school bus to the ball game and hauls the football players, is the coach covered since he is not a normal school bus driver?
Answer: Yes, the coach is covered as an insured under the policy since he is an employee of the school district and he is driving a school vehicle for school purposes.
Question: The coach sometimes drives his own vehicle to ball games to haul necessary equipment. Is his vehicle covered and is his liability covered for this operation?
Answer: Since the coach is the owner and the operator of the vehicle identified above, even though he is on school business, he is not a named insured nor is his vehicle insured. However, damage that he may do to property or person of others on school business is covered with respect to liability of the school district or its board or employees other than the coach.
Question: The coach loans his vehicle to the assistant coach, who drives the vehicle to the ball game hauling equipment. Is the assistant coach covered and is the vehicle covered?
Answer: The assistant coach is covered while driving the coach’s vehicle on school business (borrowed auto). However, the coach’s vehicle is not covered except in excess of the coach’s insurance.
Please keep in mind in all these situations that in Tennessee, the insurance policy follows the car. If you loan your car, you loan your insurance. The
same scenario applies if the school district loans a bus to a church group, the school district also loans the insurance.
Question: We are renting a van to take the FFA participants to a convention in St. Louis. Does our insurance cover this van?
Answer: The TNRMT program covers liability created by an accident involving this van. The TNRMT will also cover physical damage to the van as the school district has signed a standard rental agreement provided by auto rental and leasing agencies. The driver of such a vehicle, if a school employee or someone designated by the school district to drive the vehicle, is then covered as an individual by the TNRMT program.
Question: The school secretary often drives her own car to the post office to pick up or deliver mail. Is she covered under the TNRMT program?
Answer: The secretary is not covered, as she owns and operates her own vehicle, however, the school district and its employees (other than the owner/operator of a private vehicle) are covered if liability is imposed as a result of an accident.
It is important to remember the basic principles when attempting to determine how coverage is applied.
1. The State of Tennessee says that an owner/operator of a vehicle is primarily responsible for its operation and maintenance. The primary responsibility of the TNRMT is to cover its member school districts, officials and employees and school owned property. Liability for damage to personally owned autos is never covered unless such liability has been assumed by contract.
2. Coverage is provided under the TNRMT for hired, non-owned and borrowed vehicles, but only to the extent of the interest of the school district, its officials and employees.
3. The school board, its employees and officials are almost always covered in any instance involving a vehicle accident. The only questionable part of an accident is who owns the vehicle and who is operating the vehicle. If the owner and the operator happen to be the same person it is doubtful that coverage applies except as liability may be imposed on the school district itself and not the individual operating the vehicle.
4. The examples listed above represent nothing different from any other insurance policy. All other policies have similar or identical provisions.
Betsey Sullivan
Customer Service Representative
Next Generation Underwriters
615.822.5454
bsullivan@nguins.com