Entries by Kyle Langan

What is a Nuclear Verdict? Employment Practices Loss Example

Edited August 9th, 2024 by Kyle Langan Are employers held accountable for their wrongful acts? Upon litigation, businesses have frequently encountered juries that are sympathetic to plaintiffs, making them more susceptible to nuclear verdicts ($10 million or more) [1]. QUESTION: What could have prevented or reduced the severity of this nuclear verdict example? Example: Microsoft’s […]

Included or Excluded? Trustee Services, Insured vs. Insured Provisions in a Professional Liability Policy

Professional Services Coverage for a Trustee Are Trustee Services covered within a Miscellaneous Professional Liability or Errors and Omissions (E&O) Policy for the following roles? Trustee, Protective Committee, Investment Trustee, Distribution Committee, Successor Trustee Receiver, Agent of Record, Paralegal, Personal Representative/Executer, Power Of Attorney The answer is yes, but not by default. For the nature […]

Former teenage Wendy’s employee awarded $5 million

July 19, 2024, by Kyle Langan $5 million award for victim of perpetrator who abused teen girl co-workers at Wendys  QUESTION Which commercial insurance contract responds to this type of loss? Failure #1: Thorough pre-hire background check The lawsuit alleges that the company hired the perpetrator in October 2016, despite his previous convictions in Missouri […]

Heat Injury and Illness Prevention Update: Compliance with OSHA

July 2, 2024: OSHA is proposing to issue a new standard, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors. It may soon require employers to create a plan to evaluate and […]

A detailed look at sample language from an Assailant Insurance Contract

Commercial decision makers may have seen ‘coverage highlights’ or vague, abstract views of assailant coverage. To dive deeper, what sort of actual policy language should a buyer of an Active Assailant Insurance Contract Expect? Protection for Losses Arising From An Attack at Insured Location. Perils covered, directly resulting from an Attack that occurs during the […]

Cyber Threat Scenarios – What might an attack look like?

Edited June 6th, by Kyle Langan What is a business email compromise or email account compromise? These cyber risks are financially damaging digital crimes. It exploits the fact that so many professionals rely on email to conduct business. “In a business email compromise (BEC) scam, criminals send an email message that appears to come from […]

What could the financial impact of a cyber loss event cost?

Published April 24, 2024 by Kyle Langan Are smaller companies targeted with attacks? Have you seen attempts at Funds Transfer Fraud, through phishing? Sinister sources send these attempts out frequently, and may be experienced the most by small businesses [1]. Weaker security measures are targeted, which is why lower sized operations could find themselves susceptible. […]

Where does commercial auto exposure start and stop?

Kyle Langan, May 24, 2024 Navigating the Commercial Auto Risk Domain Vehicles represent a nexus of risk for a business. Hazards include deliveries, client meetings, or simply the daily operation. The “ownership, maintenance, or use of vehicles creates liability loss exposures.” [1] To mitigate them, a business should optimize its strategies for titling and insuring […]

What trends has the National Council of Nonprofits seen?

Challenges From Rising Yields Higher yields could impact the cash flows of nonprofits that depend on loans or credit lines; because the cost of financing in the U.S. remains the highest since 2008, expense reduction becomes even more vital for nonprofits. [1] Talent Competition, Shortage “74.6% of respondents report job vacancies,” so the frequency of […]

How is Commercial General Liability Premium Exposure Rated?

What are the rating and premium basis options for Commercial General Liability exposure? Which cost basis provides the most favorable outcome for your risk management and insurance contracts? (S) GROSS SALES Exposure Rated per $1,000/Total Revenue (A) AREA Exposure Rated per 1,000/Sq. Ft. of space (M) ADMISSIONS Exposure Rated per 1,000/ADM (P) PAYROLL Exposure Rated […]