Top 10 Tips for Insurance Policyholders (Fall 2020)

John A. Gibbons

1. Assess the policies you have and reassess the policies you should buy in the future.

2020 has brought a host of unwelcome events: pandemics, fires, floods, cyberattacks, financial failures, etc. An insurance program tailored to the risks and business opportunities of your specific company can provide for recovery during dark times, and specialized insurance products can help you safely expand your business. It is time to consider how tailored your current program is, and how you can better align insurance assets to your business in the future.

2. Use indemnities and additional insured status to expand your insurance assets.

Everyday business for many companies involves the use of terms and conditions; sales or services orders; and leases that address indemnification, minimum insurance requirements, and additional insured status. A well-thought-out use of additional insured status can allow you to leverage the insurance assets and insurance premiums of counterparties.

3. Ensure that you get the full benefits of your liability and property insurances.

Insurance policies provide many coverages, policy limits, and extensions that may not be readily apparent, and all of which may provide substantial financial assistance in the event of a loss. In addition, specialized forms of insurance, additional riders, or policy wording upgrades can better tailor policies to your specific business attributes. Use the renewal season to explore your options.

4. Avoid “conventional wisdom” about what is or is not covered.

With insurance, words matter! In fact, the wording determines the outcome. Do not accept statements about what others think a policy does or should cover. For example, claims for intentional wrongdoing and punitive damages often are covered by liability policies. Likewise, losses from your supply chain may be covered under your property policies. Non-payments of debts and breaches of contractual promises are covered under various forms of policies. Let the words lead you to coverage.

5. Give notice once you know of a loss or claim.

Typically, notice should be given soon after a loss, claim, or lawsuit, but remember that a delay in giving notice will not necessarily result in the loss of coverage. Consider the potentially applicable insurance assets that may apply and give notice.

6. Insist your insurers fully investigate claims.

Insurers have a duty to investigate claims thoroughly and must look for facts that support coverage.

7. Watch what you say.

Communications with an insurer or an insurance broker regarding a lawsuit against you or a loss are not necessarily privileged.

8. Don’t take “no” for an answer.

A reservation of rights is almost always the start of the insurance claim process, and a denial should not dissuade you from pursuing your rights. Even if coverage is not obvious at first, it may be there, if you look in the right places.

9. Document, document, document your claim.

Whether it is a first-party loss or a liability suit against you, write to your insurer and document your submission of information and materials. Require your insurer to respond in writing and to explain its position. A well-documented chain of correspondence narrows disputes, helps to limit shifting of insurer positions, or helps to make such shifting very apparent if your claim proceeds to formal enforcement measures.

10. Insist that your insurers honor their duties.

In the liability context insurers frequently owe broad duties to defend with independent, conflict-free counsel, even if uncovered claims dominate the lawsuit against you. In property insurance contexts, insurers have duties to help you on an expedited emergency basis to protect your interests immediately after a loss. It is important to hold insurers to their duties to protect you immediately upon assertion of liability or after a loss—delay only benefits insurers.

 

Insurance Coverage for Government Seizures of Property

John E. Heintz and John A. Gibbons

John E. Heintz John A. GibbonsMany businesses and individuals are familiar with insurance that is available to pay for property that is taken by a private third party, be it a stranger, employee, competing business, or anconfiscate_locked_chain_shutterstock_113300764y other private actor. But what happens when a government entity or official “seizes” property? Businesses may not immediately think of insurance, but a number of forms of insurance may offer protection and reimbursement for the loss of the “seized” or taken property. Continue reading “Insurance Coverage for Government Seizures of Property”

Nuclear Power International Panel: Economics, Policy, and Regulation

Erin L. Webb

On December 9, 2014, I participated as one of the speakers on a panel at the Nuclear Power International conference in Orlando, Florida. The session focused on the unique regulations and procedures that workers and plant operators must follow in order to keep the public and the staff safe. We also discussed the market conditions affecting nuclear power, including the challenges the industry faces from competing power generating sources such as natural gas. Rick Higginbotham of GE Power & Water and Clayton T. Smith of Fluor served as co-chairs and led the discussion.

In my presentation I talked about industry-specific insurance issues concerning nuclear power plants, and explained the available options for liability and property damage insurance. I also provided important tips to keep in mind in the event of a property damage claim. Understanding how these policies work, and the importance of prompt notice as well as the often complicated and technical process of filing a detailed proof of loss with the insurer, can be key to maximizing a policy’s value. Finally, I discussed some emerging issues that may have significant impacts on future insurance products, such as the development of small modular reactors and the Nuclear Regulatory Commission’s recent action concerning continued storage of spent nuclear fuel. Changes in technology, as well as changes to the applicable regulatory scheme, can spur changes to the exposure and risk a plant faces, and should be addressed in the insurance policies purchased to mitigate those risks. Continue reading “Nuclear Power International Panel: Economics, Policy, and Regulation”