Murphy Insurance News & Articlestopics of interest to youhttps://www.dfmurphy.com/resources/News-Articles.aspxEven responsible people get suedhttps://www.dfmurphy.com/resources/News-Articles/PostId/548/Even-responsible-people-get-sued.aspxliability protectionWed, 13 Mar 2024 17:45:00 GMT<div id="learning_center"> <div class="content" id="dnn_contentpane"> <div class="DNNAlignleft" id="dnn_ctr1173_ContentPane"> <div class="DNN_HTMLContent" id="dnn_ctr1173_ModuleContent"> <div class="Normal" id="dnn_ctr1173_HtmlModule_lblContent"> <h3>Liability insurance is for everyone.</h3> <p>You don’t have to be a millionaire to be sued like one. The legal fees to defend yourself in a lawsuit can be financially crippling regardless of whether you’re ultimately found responsible or not. If found liable, you can’t predict what a judge or jury will award, but huge settlements are common especially when bodily injury is involved. In a serious accident the personal liability limits of an auto, home or renter policy may not be enough, which is why an umbrella policy is an important consideration.<br />  </p> <h3><img alt="lawsuit protection" src="/Portals/0/law%20gavel.jpg?ver=2015-10-06-121031-483" style="width: 300px; height: 225px; float: left; margin-left: 25px; margin-right: 25px;" />What’s at risk? Your savings, your home, your future income, etc.</h3> <p>One reason given for purchased higher liability limits is, “I don’t have a lot of savings or other assets.” What this view fails to consider is your future income and earnings potential. If you think you’re struggling now to make ends meet, imagine what would happen if in addition to losing your savings and other assets that your wages were garnished. Regardless of your economic status, you have something to lose.<br />  </p> <h3>How can you improve your protection?</h3> <p>Increase the personal liability portions of your policies. Often the difference in premium is minimal compared to the additional protection you get. Here are some of the specific areas to consider.</p> <p><strong>Auto Insurance</strong></p> <ul> <li>Optional Bodily Injury to Others - pays for damages to people injured or killed in an accident if you are legally responsible for the accident.</li> <li>Property Damage - pays for damages to someone else whose auto or other property is damaged in an accident if you are legally responsible.</li> <li>Medical Payments - pays for reasonable expenses for necessary medical and funeral services to yourself and your passengers incurred as the result of an auto accident. </li> </ul> <p><strong>Home, Condo or Renter Insurance</strong></p> <ul> <li>Personal Liability – pays if you are found responsible for unintentional injuries to another person or damage to property.</li> <li>Medical Payments to Others - pays for claims and lawsuits as a result of someone getting hurt, and pays for the medical expenses incurred by that person</li> </ul> <p><strong>Umbrella</strong></p> <ul> <li>Provides an extra layer of protection over and above your auto, home or other policies also referred to as excess liability. Covers lawsuits, settlements and jury awards. Available in increments ranging from $1 million to $10 million.</li> </ul> <p>To discuss improving your personal liability coverage or if you have questions, please <a href="http://www.dfmurphy.com/locations">give us a call</a>. We’re glad to explain and provide a premium comparison.</p> </div> </div> </div> </div> </div> <p>No matter how responsible and safe you are, the risk exists that one day you or someone in your household could be sued for causing “injury” to someone due to an accident, negligence or some other liability situation. The news is filled with examples of what can happen if you’re in the wrong place at the wrong time.</p> 548Cyber Liability Risk...protect your businesshttps://www.dfmurphy.com/resources/News-Articles/PostId/692/Cyber-Liability-Riskprotect-your-business.aspxbusiness insurance,liability protectionThu, 25 Jan 2024 17:27:00 GMT<p>The Internet has changed the way most of us do business and has increased liability exposures. If any of the items listed below apply to your business, you most likely have Cyber Liability exposures.</p> <ul> <li>you communicate by email</li> <li>you provide information or services through a website</li> <li>you conduct e-commerce</li> <li>you store and use customer information electronically</li> </ul> <h2><strong><strong></strong></strong>why be concerned?</h2> <p><strong><strong><img alt="data breach insurance" src="/Portals/0/cyber_crime.jpg?ver=2020-06-30-155410-900" style="margin-left: 25px; margin-right: 25px; width: 300px; height: 200px; float: left;" /></strong></strong>While there are many publicized hacking attacks against large companies reported in the news, smaller companies face increasing computer liability risks, too.  Almost every business uses technology in some way, and your business can be held liabile if certain types of information are compromised.  It doesn't have to be a hacking attack; it could be the loss or theft of a smartphone or laptop that could expose your business to liability. Privacy and data security risks are constantly change and increasingly regulated by laws such as the <a href="https://www.mass.gov/regulations/201-CMR-1700-standards-for-the-protection-of-personal-information-of-ma-residents" target="_blank">Massachusetts Personal Information Privacy law, MA 201 CMR 17</a>. In addition, given the number of people and businesses browsing the Internet, the possible pool of plaintiffs is immense. A single legal action could inflict significant financial damage, and traditional liability products do not address Internet exposures and the risks involved in Internet business activities.</p> <p>Cyber liability risks are evolving rapidly with new risk scenarios emerging all the time.  Insurance experts regard cyber risks to be greater than risks related to fraud or theft.  Given this situation, your business can take a variety of steps to protect itself and limit exposure such as:</p> <ul> <li>Installing, maintaining and updating security software and hardware</li> <li>Developing, following and publicly posting a data privacy policy</li> <li>Regularly backing up data at a secure offsite location</li> <li>Hiring an IT security services vendor</li> <li>Using cloud computing services</li> <li>Obtaining cyber liability insurance</li> </ul> <h2>what are your cyber liability risks?</h2> <p><strong><strong></strong></strong>If your computer systems are hacked, or customer, partner or employee information is lost, stolen or compromised by a security failure or data breach, the costs of response and remediation can be significant. Here are some of the costs your business could incur:</p> <ul> <li><strong>Liability</strong>—Your business may be liable for costs incurred by customers and others that arise from a IT-related breach or cyber attack.</li> <li><strong>Notification expenses</strong>— Many states require your business to notify customers stored if a breach of personal private data occurs or is suspected.  The cost can be high especially if you have a many customers.</li> <li><strong>System recovery</strong>—The costs to repair/replace computer systems and lost data can be significant.  If a breach results in your company being unable to operate while your systems are down, you could incur additional losses.</li> <li><strong>Lawsuits</strong>—Class action lawsuits filed on behalf of customers whose data and privacy were compromised. The larger the breach; the larger the liability and associated costs.</li> <li><strong>Regulatory fines</strong>—Several federal and state regulations require businesses and organizations to protect consumer data. If a data breach results from your business’s failure to meet compliance requirements, you may incur substantial fines.</li> <li><strong>Reputation damage</strong>— Your business' reputation and customer trust may be significantly damaged.</li> </ul> <h2>what is Cyber Liability insurance?</h2> <p>Cyber Liability protection addresses the first- and third-party risks associated with e-business, the Internet, networks and informational assets. The category of Cyber Liability includes security breaches; data theft; virus transmission; privacy issues; copyright, trademark and intellectual property infringement; libel or any other issues that first parties can pass to third parties via the Internet. Some of the types of claims that may occur include:</p> <ul> <li>Accidental release of confidential customer information</li> <li>Spreading a virus into a customer’s computer system</li> <li>Theft of customer’s credit card or banking account numbers</li> <li>Identity theft resulting from data breach</li> <li>Derogatory comments made online about a competitor by an employee</li> <li>Denial of service attack hacking</li> <li>Electronic data extortion or destruction</li> <li>Interruption of business operation due to system being down</li> <li>Webmaster uses another site's content in site development</li> </ul> <p>While the exposures outlined above are not all inclusive, and no policy covers every risk, Cyber Liability insurance is of growing importance if any of the above situations applies to your business. <a href="https://www.dfmurphy.com/contactus">Contact us</a> for more information about obtaining cyber liability coverage for your business.</p> <h3>Additional Resources</h3> <p><a href="/Portals/0/2019_NetD_Claims_Study_Report_1.2.pdf?ver=2020-06-30-153925-017" target="_blank">NetDiligence 2019 Cyber Claims Study</a> (download pdf)</p> <p><a href="https://www.travelers.com/resources/cyber-security/top-5-cyber-risks-for-businesses" target="_blank">Top 5 Cyber Risks for Businesses</a></p> <p><a href="https://www.mass.gov/regulations/201-CMR-1700-standards-for-the-protection-of-personal-information-of-ma-residents" target="_blank">MA 201 CMR 17 Compliance</a></p> <p><a href="/Portals/0/201%20CMR%2017%20FAQs%202018_0.pdf?ver=2020-06-30-154841-473" target="_blank">MA 201 CMR 17 FAQs</a> (download pdf)</p> <p> </p> 692Holiday party etiquette & serving alcoholhttps://www.dfmurphy.com/resources/News-Articles/PostId/567/Holiday-party-etiquette-serving-alcohol.aspxliability protection,personal insuranceThu, 07 Dec 2023 01:45:00 GMT<p> </p> <h3>A good host is a responsible host when it comes to serving alcohol</h3> <p>Parties and social gatherings are often a big part of the holiday season. But hosts who serve alcohol should take steps to limit their liquor liability and make sure they have the proper insurance, according to the Insurance Information Institute (I.I.I.).<br /> <br /> <img alt="alcoholic drink" src="/Portals/0/alcohol.jpg" style="width: 250px; height: 333px;" title="alcoholic drink" />Social host liability, the legal term for the criminal and civil responsibility of a person who furnishes liquor to a guest, can have a serious impact on party throwers. Social host liability, also known as “Dram Shop Liability” laws vary widely from state to state, but 43 states have them on the books. Most of these laws also offer an injured person, such as the victim of a drunk driver, a method to sue the person who served the alcohol. There are circumstances under these laws where criminal charges may also apply.<br /> <br /> “Because you can be held legally responsible for your guests’ actions after they leave your party, hosts need to be particularly careful,” said Loretta Worters, vice president of the I.I.I. “While a social host is not liable for injuries sustained by the drunken guest (as they are also negligent), the host can be held liable for third parties, and may even be liable for passengers of the guest who have been injured in their car.”<br /> <br /> Before planning a party in your home, it is important to speak with your insurance agent or company representative about your homeowners coverage and any exclusions, conditions or limitations your policy might have for this kind of risk. Homeowners insurance usually provides some liquor liability coverage, but it is typically limited to $100,000 to $300,000, depending on the policy, which might not be enough.<br /> <br /> Whether you are hanging out with a small group of friends for cocktails or throwing a big family bash, remember that a good host is a responsible host, and needs to take steps to ensure guests get home safely if they have been drinking.</p> <h3>How to protect yourself and your guests</h3> <p>If you plan to serve alcohol at a holiday party the I.I.I. offers the following tips to promote safe alcohol consumption and reduce your social host liability exposure:</p> <ul> <li><strong>Make sure you understand your state laws. </strong>Before sending out party invitations, familiarize yourself with your state’s social host liability laws. These laws vary widely from state to state. Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability to injuries that occur anywhere a guest who has consumed alcohol goes. Many states have laws that pertain specifically to furnishing alcohol to minors.</li> <li><strong>Consider venues other than your home for the party.</strong> Hosting your party at a restaurant or bar with a liquor license, rather than at your home, will help minimize liquor liability risks.</li> <li><strong>Hire a professional bartender.</strong> Most bartenders are trained to recognize signs of intoxication and are better able to limit consumption by partygoers.</li> <li><strong>Encourage guests to pick a designated driver</strong> who will refrain from drinking alcoholic beverages so that he or she can drive other guests home.</li> <li><strong>Be a responsible host/hostess.</strong> Limit your own alcohol intake so that you will be better able to judge your guests’ sobriety.</li> <li><strong>Offer non-alcoholic beverages and always serve food. </strong>Eating and drinking plenty of water, or other non-alcoholic beverages, can help counter the effects of alcohol.</li> <li><strong>Do not pressure guests to drink </strong>or rush to refill their glasses when empty. And never serve alcohol to guests who are visibly intoxicated.</li> <li><strong>Stop serving liquor toward the end of the evening. </strong>Switch to coffee, tea and soft drinks.</li> <li><strong>If guests drink too much or seem too tired to drive home, call a cab</strong>, arrange a ride with a sober guest or have them sleep at your home.</li> <li><strong>Encourage all your guests to wear seatbelts as they drive home. </strong>Studies show that seatbelts save lives.</li> </ul> <p>Source: <a href="http://www.iii.org/" target="_blank">Insurance Information Institute</a></p> 567Host liquor liability coverage for eventshttps://www.dfmurphy.com/resources/News-Articles/PostId/554/Host-liquor-liability-coverage-for-events.aspxliability protectionFri, 01 Dec 2023 21:44:00 GMT<div class="DNN_HTMLContent" id="dnn_ctr1486_ModuleContent"> <div class="Normal" id="dnn_ctr1486_HtmlModule_lblContent"> <p style="background: white;">Do you sponsor corporate functions, holiday parties, meetings or other social events where alcoholic beverages are served? Do you rent to tenants who sell or serve alcohol? If so, you need to be aware of liquor liability exposures and the extent of coverage provided by your insurance for claims related to selling, serving or furnishing alcoholic beverages.</p> <p><img alt="liquor liability" src="/Portals/0/drinks-2578446_1920.jpg?ver=2019-11-20-151052-263" style="width: 300px; height: 200px;" />A Commercial General Liability (CGL) policy contains language that excludes liquor liability coverage if your company or organization is in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages. However, if your business doesn’t involve alcoholic beverages, a CGL policy provides Host Liquor Liability coverage for an organization or person for certain events or functions that are incidental to the named insured’s business.</p> <p>If a guest or employee at a company sponsored event overindulges and injures others (nonemployees) due to their intoxication, an unendorsed CGL will protect the insured from claims made by persons injured by the over served employee or guest.</p> <p>Keep in mind that if you are selling liquor by the drink or charging an admission for an event, it can create a situation where coverage is excluded under a CGL, which would require separate coverage for your protection.</p> <p>A landlord that has a tenant whose business involves alcoholic beverages needs to be sure that they are protected. In some states, the landlord can be held liable for actions of a tenant.  While naming a landlord on a CGL, as a form of indemnification, is often part of a commercial lease, a CGL will not provide liquor liability protection for a landlord due to the exclusion. The landlord would want to be named on a liquor liability policy.</p> <h2>Does hiring a bartender eliminate liability?</h2> <p>Hiring a professional bartender, who is trained to recognize and handle circumstances of intoxication, can reduce your risk. It does not, however, necessarily absolve you of all potential liability, and lawyers tend to sue all possible parties if an incident occurs. Having a bartender at least establishes someone else as being primarily responsible.  It may also help in defending a claim and can potentially reduce damages you might have to pay. Prior to an event, be sure to obtain a Certificate of Insurance from the bartender to be sure that he/she has adequate liquor liability coverage.</p> <p>Certain types of events may have other types of increased liability depending on the circumstances. Our Associates can help you determine if you need to purchase special coverage and identify ways to reduce potential lawsuits. You may also want to discuss concerns with your legal counsel. Some businesses find it easiest and safest to prohibit drinking during business hours, including business lunches, dinners and other company events.</p> <h3>Other articles:</h3> <p><a href="https://www.meetingstoday.com/articles/140145/8-ways-limit-alcohol-liability-meetings-and-events">8 Ways to Limit Alcohol Liability at Meetings and Events</a></p> <p><a href="http://www.inc.com/guides/drug-and-alcohol-policy.html">How to create a drug and alcohol policy</a></p> </div> </div> 554Tricks for making your Halloween party a safe onehttps://www.dfmurphy.com/resources/News-Articles/PostId/667/Tricks-for-making-your-Halloween-party-a-safe-one.aspxGeneral,home,liability protectionTue, 22 Oct 2019 17:00:00 GMT<h3>You Could Be Held Liable If Guests Get Drunk</h3> <p>Halloween can be a fun time of trick-or-treating, jack-o'-lanterns and costume parties, but it can also be a deadly time of increased drunk driving and could be especially worrisome this year since the celebration falls on a Saturday. Anyone hosting a Halloween party should take steps to limit their liquor liability and make sure they have the proper insurance, according to the Insurance Information Institute (I.I.I.).</p> <p><img alt="" src="/Portals/0/moon-165487_1920.jpg" style="width: 250px; height: 333px;" title="" />Social host liability laws vary widely from state to state. Some states do not impose any liability on social hosts. Others limit liability to injuries that occur on the host’s premises. Some extend the host’s liability if the person who was provided the alcohol is killed or injured, or kills or injures another person. Many states have laws that pertain specifically to furnishing alcohol to minors. </p> <p>“Most people are aware that serving alcohol to minors is illegal, yet asurvey of young people shows that the most common sources of alcohol are from their own home or from persons over the age of 21 who purchase alcohol for them,” said Loretta Worters, vice president with the I.I.I.“Depending on the jurisdiction, violations of social host laws can lead to civil or criminal fines, imprisonment and monetary damages awards.”</p> <p>Worters also pointed out if you are throwing a party where alcohol is served, it is your responsibility to make sure that your guests are capable of driving safely. “You don’t want to allow anyone who has been drinking to drive home and possibly kill or injure themselves or others on the road."</p> <p>In 2008, 58 percent of all highway fatalities across the nation on Halloween night (6 p.m. October 31 to 5:59 a.m. November 1) involved a driver or a motorcycle rider with a BAC of .08 or higher, according to the <a href="http://www.nhtsa.dot.gov/">National Highway Traffic Safety Administration</a> (NHTSA). </p> <h3>How to protect yourself...and your assets</h3> <p>If you plan to host a Halloween party and serve alcohol, the I.I.I. offers the following tips on how to have a successful and safe party:</p> <ul> <li><strong>Consider hiring a professional bartender or reliable friend to serve drinks.</strong> This will discourage your friends from mixing their own drinks and help to keep track of the size and number of drinks they consume. Most bartenders are trained to recognize signs of intoxication and will limit consumption by partygoers who have had too much.</li> <li><strong>Be a responsible host.</strong> Limiting your own alcohol intake will allow you to better determine if a guest is sober enough to drive at the end of the night.</li> <li><strong>Serve non-alcoholic beverages.</strong> Always have soft drinks, juices and other non-alcoholic beverages available for those guests who are driving or choose not to drink.</li> <li><strong>Don’t serve alcohol to minors. </strong>Period. The legal drinking age in every state is 21 and, as a host, it is your responsibility to abide by it.</li> <li><strong>Don’t force drinks on your guests or rush to refill their glasses when empty.</strong> Be a smart host; push the food, not the alcohol on your guests.</li> <li><strong>Always serve food with alcohol.</strong> It is proven that food can help counter the effects of alcohol.</li> <li><strong>Don’t admit individuals into your home who are already intoxicated.</strong> Access to more alcohol will likely create negative outcomes that you could be held liable for, such as fighting, alcohol poisoning and drunk driving.</li> <li><strong>Stop serving alcohol at least one hour before the party ends. </strong>Serve only coffee, tea and non-alcoholic beverages toward the end of your party. As the host or hostess, it is your responsibility to help your guests get home safely, so limit the amount of alcohol served toward the end of the party as guests prepare to go home.</li> <li><strong>Speak to each of your guests before they leave the party. </strong>If you think someone is unable to drive, call a cab and pay for it yourself, arrange a ride with a sober friend, drive your guest home, or encourage that person to stay over. This will protect your guest as well as other drivers on the road.</li> <li><strong>Encourage all your guests to wear seatbelts as they drive home. </strong>Studies show that seatbelts do safe lives.</li> </ul> <p> “Talk with your insurance agent about your liability insurance coverage and any exclusions, conditions or limitations your policy might have for this kind of risk,” advised Worters. “Appropriate liability insurance coverage is necessary, but your insurance may not be enough to cover a judgment against you as a social host. If you are also charged criminally, then it is possible that your policy will not cover the civil judgment.”</p> <p>Worters noted that party hosts should do their part to help reduce the number of DUI-related crashes by taking the necessary steps to help promote responsible hospitality over the Halloween weekend. “It’s not just about the risk; it’s also about the responsibility. Nobody wants to feel responsible for someone else’s injury or death.” </p> <p> </p> <p>Source:  <a href="http://www.iii.org/">Insurance Information Institute</a></p> 667Be careful what you “say” online… cyber libelhttps://www.dfmurphy.com/resources/News-Articles/PostId/549/Be-careful-what-you-say-online-cyber-libel.aspxliability protectionFri, 10 Feb 2017 15:16:00 GMT<p>Social networking has become part of the fabric of daily life.<strong> Facebook&reg;, Twitter&reg;, Instagram&reg;, Snapchat&reg;,&nbsp;</strong>blogs, and other online chatter continue to grow.&nbsp;And, it&rsquo;s led to an increase in lawsuits based on defamatory or libelous statements.</p> <p><strong>What people &ldquo;say&rdquo; on the Internet</strong><br /> As you&rsquo;ve probably seen, some people make some awful stupid statements online, and YES&hellip;it&rsquo;s all in writing. Defamation is spoken or written words that falsely and negatively reflect on a living person&rsquo;s reputation. Foolish things you write (libel) are much easier to prove than foolish things you say (slander).</p> <p><strong>People are suing&hellip;it could happen to you.</strong><br /> People don&rsquo;t think about these things&hellip;until they get sued. Even if you&rsquo;re careful, are your kids? A parent could be sued for &ldquo;negligent supervision&rdquo; of a child&rsquo;s activities. Here are just a few examples of lawsuits:&nbsp;</p> <ul> <li>In New York, a former Oceanside High School student is suing four former classmates and their parents for $3 million alleging cyber bullying.</li> <li>In Chicago, a woman is being sued for $50,000 by her landlord for a tweet about her moldy apartment and mentioning her landlord&rsquo;s name.</li> <li>In Pennsylvania, a high school co-principal is suing four former students for creating a &ldquo;parody profile&rdquo; on MySpace.com.&nbsp;&nbsp;</li> </ul> <p>Over 100 civil lawsuits against bloggers and others in social networks and online forums were reported in statistics by Citizen Media Law Project at Harvard University. This is up from just 12 in 2003.</p> <p><strong>What if you&rsquo;re NOT guilty?</strong><br /> When there is a lawsuit, there are lawyers and a court case. Even if you&rsquo;re not guilty, who will pay for defense costs that are often substantial?</p> <p><strong>Would your homeowner, condo or renter policy cover you?</strong><br /> Home policies only cover personal liability for &ldquo;bodily injury&rdquo; and &ldquo;property damage&rdquo;. A person&rsquo;s reputation is not tangible property, and mental anguish and emotional trauma is not bodily injury.</p> <p><strong>How can you be protected for libel/slander situations?</strong><br /> The good news is you can get protection. You can purchase a<strong> Personal Injury endorsement</strong> to your home, condo or renter policy, which covers situations involving libel or slander. It is relatively inexpensive for the extra protection it provides. An additional option is to purchase a <strong>Personal Umbrella policy</strong>, which provides higher protection limits for these and other situations.</p> <p>In today&rsquo;s world, this is a very <strong>real </strong>exposure, and you <strong>should</strong> consider this kind of protection. We want to make sure you&rsquo;re well protected. Let&rsquo;s discuss your protection options.</p> <p>&nbsp;</p> 549Cyberrisk: Threat and opportunityhttps://www.dfmurphy.com/resources/News-Articles/PostId/668/Cyberrisk-Threat-and-opportunity.aspxliability protection,business insuranceThu, 03 Nov 2016 17:48:00 GMT<p>A recently published white paper by Robert P. Hartwig, Ph.D., CPCU and Claire Wilkinson examines the current exposure to cyberrisk and how insurers are responding:</p> <ul> <li>Interest in cyber insurance and risk continues to grow beyond expectations in 2016 in part due to high profile data breaches, but also due to awareness of the almost endless range of exposures businesses face.</li> <li>Attacks and breaches have grown in frequency, and loss costs are on the rise.</li> <li>Insurers are issuing an increasing number of cyber insurance policies and becoming more skilled and experienced at underwriting and pricing this rapidly evolving risk. More than 60 carriers now offer stand-alone cyber insurance policies, and it is estimated the U.S. market is worth over $3.25 billion in gross written premiums in 2016, with some estimates suggesting it has the potential to grow to $7.5 billion. &nbsp;</li> </ul> <p><img alt="Cyber Risk Threats" src="/Portals/0/tech%20_sm.jpg" style="width: 350px; height: 270px;" title="Cyber Risk Threats" />Some observers believe that exposure is greater than the insurance industry&rsquo;s ability to adequately underwrite the risk. Attacks have the potential to be massive and wide-ranging due to the interconnected nature of this risk, which can make it difficult for insurers to assess their likely severity. The underreporting of attacks means that accurately evaluating exposures is challenging. Several insurers have warned that the scope of the exposures is too broad to be covered by the private sector alone, and a few observers see a need for government cover akin to the terrorism risk insurance programs in place in several countries.</p> <p>Please click on the file name below to view the white paper in PDF format. You will need Adobe Acrobat Reader to view the file.</p> <p><a href="http://www.iii.org/sites/default/files/docs/pdf/cyber_risk_wp_102716-90.pdf" target="_blank">Download cyber_risk_wp_102716-90.pdf</a></p> <p>Source: &nbsp;<a href="http://www.iii.org">Insurance Information Institute</a></p> <p>&nbsp;</p> 668Cover those personal injury loss exposureshttps://www.dfmurphy.com/resources/News-Articles/PostId/631/Cover-those-personal-injury-loss-exposures.aspxpersonal insurance,home,liability protectionWed, 13 Jul 2016 14:37:00 GMT<p>The homeowners policy liability section covers only &quot;bodily injury&quot; and &quot;property damage.&quot; Thus, any type of non-bodily injury such as personal injury is excluded without the attachment of a personal injury endorsement.&nbsp;</p> <p><img alt="personal liability" height="250" src="http://www.dfmurphy.com/Portals/0/cyber-bullying.jpg" width="250" />Examples of personal injury claims include wrongful eviction, wrongful entry, and oral or written publication that injures a party&#39;s reputation. This latter event is becoming particularly problematic with the rapid growth in social media. &nbsp;</p> <p>Here are some tips to help you carefully manage personal injury loss exposures:</p> <ul> <li>Exercise caution when posting on social media sites. Anything negative you share on the Internet is permanent. Avoid highly controversial subjects, sensitive political issues, or inflammatory remarks. Taking the high road is the best approach.</li> <li>If you are blogging or communicating on social media, be careful that you have your facts straight. If it is a close call or a gray area, why say it at all?&nbsp;</li> <li>Exercise caution in the case of product disparagement. There are lawyers and business owners who are willing to threaten lawsuits when it comes to negative comments about their products.&nbsp;</li> <li>Provide strict ground rules for your children on social media and closely monitor their activities. Keep the computer in a public part of the home in order to closely watch their activities. Screen who your children &quot;friend&quot; on Facebook. Place strict limits on the amount of time your children spend online. Provide age-appropriate and concrete explanations of <a href="http://www.wisegeek.org/what-is-the-difference-between-slander-and-libel.htm" target="_blank">libel</a>, <a href="http://www.wisegeek.org/what-is-the-difference-between-slander-and-libel.htm" target="_blank">slander</a>, <a href="http://familyinternet.about.com/od/computingsafetyprivacy/a/sexting_what.htm" target="_blank">sexting</a>, and their <a href="http://www.thebloggersbulletin.com/2009/11/28/legal-ramifications-defamation-law-libel-and-slander/" target="_blank">ramifications</a>.&nbsp;</li> <li>If you are on a not-for-profit board, such as a home owners&#39; association, exercise due care in dealing with others on sensitive matters. Be especially careful regarding newsletters that go out to the community.&nbsp;</li> <li>Procure a personal injury endorsement with sufficient limits to provide protection for a personal injury claim. But remember that this endorsement does not provide protection for business-related activities. Also, purchase a personal umbrella policy that provides higher liability limits for a variety of personal liability claims, including personal injury.&nbsp;</li> </ul> <div> <p class="TextAlignCenter"><span class="SmallText">Source:&nbsp;<a href="http://www.irmi.com/default.aspx">International Risk Management Institute, Inc.</a>&nbsp; Copyright 2015</span></p> </div> 631Dog bites accounted for more than 1/3 of all homeowner liabilty payouts last yearhttps://www.dfmurphy.com/resources/News-Articles/PostId/656/Dog-bites-accounted-for-more-than-13-of-all-homeowner-liabilty-payouts-last-year.aspxhome,liability protectionFri, 20 May 2016 14:55:00 GMT<h3>Cost per claim soars to more than $37,000 per bite</h3> <p>Dog bites (and other dog-related injuries) accounted for more than one-third of all homeowners insurance liability claim dollars paid out in 2015, costing in excess of $570 million, according to the&nbsp;Insurance Information Institute&nbsp;(I.I.I.).</p> <p>An analysis of homeowners insurance data by the I.I.I. found that while the number of dog bite claims nationwide decreased 7.2 percent in 2015, the average cost per claim for the year was up 16 percent. The average cost paid out for dog bite claims nationwide was $37,214 in 2015, compared with $32,072 in 2014 and $27,862 in 2013.<img alt="dog bite claim" src="/Portals/0/dog-900215_640.jpg" style="width: 300px; height: 215px;" /></p> <p>&ldquo;The average cost per claim nationally has risen more than 94 percent from 2003 to 2015, due to increased medical costs as well as the size of settlements, judgments and jury awards given to plaintiffs, which are still on the upswing,&rdquo; said&nbsp;Loretta Worters, a vice president with the I.I.I.</p> <p>The study noted that California continued to have the largest number of claims in the U.S. at 1,684 in 2015, a decrease from 1,867 in 2014. Illinois had the second highest number of claims at 931. While Arizona had only the ninth largest number of claims at 393, it registered the highest average cost per claim of the 10 states with the most claims: a staggering $56,654.</p> <p>The trend in higher costs per claim is attributable not simply to dog bites but also to dogs knocking down children, cyclists, the elderly, etc., all of which can result in fractures and other blunt force trauma injuries that impact the potential severity of the losses. Another factor might be the surge in U.S. Post Office worker attacks, many of which take place at the customer&rsquo;s door.</p> <h3>Be&nbsp;a responsible dog owner</h3> <p>Even normally docile dogs may bite when they are frightened or when defending their puppies, owners or food. However, the best way to protect yourself is to prevent your dog from biting anyone in the first place. The most dangerous dogs are those that fall victim to human shortcomings such as poor training, irresponsible ownership and breeding practices that foster viciousness.</p> <p>&ldquo;The majority of dog bites come from dogs we already know, and the largest groups are children and the elderly,&rdquo; said Dr. Bonnie Beaver, a veterinary professor at Texas A&amp;M University, and executive director of the&nbsp;<a href="http://www.dacvb.org/" target="_blank">American College of Veterinary Behaviorists</a>.</p> <p>&ldquo;Dogs not raised with good social skills can become dogs that bite,&rdquo; said Beaver, who is internationally recognized for her work in the normal and abnormal behaviors of animals. &ldquo;It is important to socialize your dog; see how the dog interacts with people,&rdquo; she added. &ldquo;Owners need to be able to read their dogs&rsquo; body language. Don&rsquo;t assume that a dog won&rsquo;t bite.&rdquo; She noted that children and dogs should never ever be left together unsupervised. Not only can the child get hurt, but so does the dog because they are the ones that get put down.&rdquo;&nbsp;</p> <p>National Dog Bite Prevention Week&reg;&nbsp;(May 15&ndash;21, 2016), is an annual event designed to provide consumers with information on how to be responsible pet owners while increasing awareness of a serious public health issue.</p> <p>Taking the following steps can reduce the chances of your dog biting someone:</p> <ul> <li>Consult with a professional (e.g., veterinarian, animal behaviorist or responsible breeder) to learn about suitable breeds of dogs for your household and neighborhood.</li> <li>Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a home with an infant or toddler. A dog with a history of aggression is inappropriate in a household with children.</li> <li>Keep the family dog secured if a stranger comes to your door.</li> <li>Be sensitive to cues that a child is fearful of or apprehensive about a dog and, if so, delay acquiring a dog. Never leave infants or young children alone with any dog.</li> <li>Socialize your dog so it knows how to act with other animals and people.</li> <li>Discourage children from disturbing a dog that is eating or sleeping.</li> <li>Be cautious when exposing your dog to new situations in which you are unsure of its response.</li> <li>Never approach a strange dog and always avoid eye contact with a dog that appears threatening.</li> <li>Immediately seek professional advice from veterinarians, animal behaviorists or responsible breeders if your dog develops aggressive or undesirable behaviors.</li> </ul> <p>Source: <a href="http://www.iii.org" target="_blank">Insurance Information Institute</a></p> <p>&nbsp;</p> <p>&nbsp;</p> 656CT passes data breach notification legislationhttps://www.dfmurphy.com/resources/News-Articles/PostId/632/CT-passes-data-breach-notification-legislation.aspxliability protection,business insuranceTue, 07 Jul 2015 15:41:00 GMT<p>If you're company does business in Connecticut, be aware of revised legislation imposing strict notification requirements in the event that your company experiences a data breach. &nbsp;Senate Bill 949, 'An Act Improving Data Security and Agency Effectiveness' makes changes to Connecticut's data breach notification law and was signed by Governor Dannel Malloy on June 30, 2015. &nbsp;</p> <p>The new law requires that consumers be given notice no later than 90 days from the discovery of a breach. In addition, it requires at least one year of free identity theft protection services for victims of breaches involving Social Security Numbers.</p> <p>Connecticut Atty. General, George Jepsen indicates that the 90 days is an "outside limit for notification, but does not in any way diminish my discretion to seek relief against companies who unduly delay notifying those whose data has been compromised or my office. We intend to continue to scrutinize breaches and to take enforcement action against companies who unreasonably delay notification &ndash; even if notification is provided less than 90 days after discovery of the breach."</p> <p>"My office will continue to aggressively investigate these breaches and, where appropriate, take action when we feel that notification has not been reasonable or protections offered to consumers are not adequate," said Jepsen.<br /> <br /> For more information about Senate Bill 949, visit the <a href="http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&amp;which_year=2015&amp;bill_num=949" target="_blank">Connecticut General Assembly's website</a>.&nbsp;</p> <p>&nbsp;</p>632Target Data Breachhttps://www.dfmurphy.com/resources/News-Articles/PostId/601/Target-Data-Breach.aspxliability protection,business insuranceFri, 21 Feb 2014 15:42:00 GMT<p>Two months after <a href="http://www.iii.org/insuranceindustryblog/?p=3481" target="_blank">Target announced a massive data breach </a>in which hackers stole 40 million debit and credit card accounts from stores nationwide and the rising costs related to the incident are becoming clear.</p> <p>Costs associated with the Target data breach have reached more than $200 million for financial institutions, according to data collected by the <a href="http://www.cbanet.org/News%20and%20Media/Press%20Releases%202014/02182014_pressrelease.aspx" target="_blank">Consumer Bankers Association (CBA) and the Credit Union National Association (CUNA).</a></p> <p><img alt="" width="150" height="113" src="http://www.dfmurphy.com/Portals/0/credit%20card%202.jpg" />Breaking out the numbers, CBA estimates the cost of card replacements for its members have reached $172 million, up from an initial finding of $153 million. CUNA has said the cost to credit unions has increased to $30.6 million, up from an original estimate of $25 million.</p> <p>So far, cards replaced by CBA members and credit unions account for more than half (54.5 percent) of all affected cards.</p> <p>In a press release, CBA notes that the combined $200 million cost does not factor in costs to financial institutions other than credit unions or CBA members, nor does it take into account any fraudulent activity which may have occurred or may occur in the future:</p> <p>Fraudulent activity would push the cost of the Target data breach to the industry much higher, as consumers would not be held liable.&rdquo;</p> <p>A <a href="http://blogs.wsj.com/corporate-intelligence/2014/02/18/what-did-the-target-hack-really-cost-the-numbers-trickle-in/" target="_blank">post over at the <em>Wall Street Journal Corporate Intelligence blog </em></a>points out that cyber attacks like these continue to be a drain on the wider economy.</p> <p>It cites a study backed by computer security firm McAfee that last year estimated the total cost of cybercrime and cyber espionage to the United States at up to $100 billion each year.</p> <p>Meanwhile, legal experts caution that companies need to take stock in the wake of the Target breach and make sure they have adequate insurance in place.</p> <p>A<a href="http://www.media-privacy.com/2014/02/targeting-cybersecurity-improvements-what-we-can-learn-from-recent-data-breaches/" target="_blank"> post by Emily R. Caron in <em>Media, Privacy and Beyond </em></a>published by law firm Lathrop &amp; Gage notes that fortunately Target appears to have a lot of insurance in place.</p> <p>It cites reports suggesting that between cyber coverage and directors and officers (D&amp;O) coverage, Target has $165 million in total limits, after self-insuring the first $10 million. (Hat tip to <a href="https://twitter.com/LXBN" target="_blank">@LexBlogNetwork </a>for highlighting this article)</p> <p>However, The <a href="http://www.nytimes.com/2014/01/18/business/a-sneaky-path-into-target-customers-wallets.html?_r=1" target="_blank"><em>New York Times</em></a> recently reported that total damages to banks and retailers could exceed $18 billion according to estimates by Javelin Strategy &amp; Research.</p> <p>In addition the NYT noted that nearly 70 lawsuits have already been filed against Target, many of them seeking class-action status.</p> <p>As Caron <a href="https://twitter.com/LXBN" target="_blank">notes in her article </a>at<em> Media, Privacy &amp; Beyond</em>, there is a big gap between $165 million and $18 billion.</p> <p>Check out<a href="http://www.iii.org/facts_statistics/identity-theft-and-cyber-security.html" target="_blank"> I.I.I. facts + statistics on ID theft and cyber security</a>.</p> <p><em>Source: </em><a href="http://www.iii.org/" target="_blank"></a><a href="http://www.iii.org/"><em>www.iii.org</em></a></p>601Cyber Thieves Target Small Firmshttps://www.dfmurphy.com/resources/News-Articles/PostId/564/Cyber-Thieves-Target-Small-Firms.aspxliability protectionWed, 27 Jul 2011 13:34:00 GMT<p>The&nbsp;Wall Street Journal recently had an interesting article regarding small businesses being hacked into and experiencing losses. It's a sobering reminder that cyber attacks can happen to any size business. <br /> <br /> Small companies may have a sense of security thinking that cyber attacks won't happen to them, but it can. Of all 761 cyber attacks reported in 2010, <strong>482 were at companies that had less than 100 employees</strong>. <br /> <br /> <a href="http://online.wsj.com/article_email/SB10001424052702304567604576454173706460768-lMyQjAxMTAxMDIwMjEyNDIyWj.html" target="_blank">Cyber Thieves' New Target: Small Firms With Lax Security</a><br /> <br /> Beyond your taking steps to protect your data, we want to remind you that cyber liability insurance is available. This insurance provides protection in most situations if your preventative steps fail. To discuss cyber liability insurance for your company, please <a href="http://www.dfmurphy.com/contactus">contact us online</a> or call at 800-222-8711.</p>564Understanding ACORD Certificate of Liability Insurance changeshttps://www.dfmurphy.com/resources/News-Articles/PostId/552/Understanding-ACORD-Certificate-of-Liability-Insurance-changes.aspxliability protectionTue, 11 Jan 2011 16:56:00 GMT<p>If your company is required to provide proof of liability insurance as part of doing business, you have probably requested a standard ACORD Certificate of Liability Insurance. The insurance industry is now using a recently revised standard (ACORD 25) certificate, which has some language changes that could impact you.</p> <p>A Certificate of Insurance is a document that simply provides information about insurance policy coverage as of a specific point in time. It cannot change an insurance policy or modify coverage. <a target="_blank" href="http://www.acord.org/">ACORD</a>&#160;(Association for Cooperative Operations Research and Development) is an organization that serves the insurance industry to facilitate the development of standardized policy terms and forms. Most insurance companies and agents use forms provided by ACORD such as the Certificate of Insurance.</p> <h2>Change to Notice of Cancellation</h2> <p>The major change to the ACORD Certificate of Liability insurance is that the Notice of Cancellation cannot be changed to denote a certain number of days notice to the certificate holder.</p> <p>The new ACORD form text now states: “Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with policy provisions.” Licensing requirements and other restrictions prohibit agents from editing the form to add verbiage such as “30 days notice of cancellation”.</p> <h2>What you need to do</h2> <p>No one is happy when a payment is withheld after a job is completed because your insurance program didn’t actually include the coverage or wording required in the contract. The best way to avoid this situation is to send us a copy of the insurance requirements prior to signing a contract. If your program doesn’t have the actual required coverage, options include:</p> <ul> <li>We can try to arrange the particular coverage required, or,</li> <li>You can negotiate out restrictive terms and conditions where practical, depending on the nature of the work to be performed.</li> </ul> <p>When you are preparing to sign a job contract, you need to pay close attention to the insurance terms required. If specific notification of cancellation requirements are in the contract, it should be a red flag to contact us. Murphy Insurance’s use of ACORD 25 is standard in the industry. We have developed a <a target="_blank" href="/LinkClick.aspx?fileticket=xLrOqoB7WnA%3d&amp;tabid=369">one-page summary</a> that you can provide to help educate certificate holders who request special cancellation wording.</p> <p>As always, please contact your service associate for assistance if you have questions.</p> <p>&#160;</p>552Cyber Liability…a growing concern for businesseshttps://www.dfmurphy.com/resources/News-Articles/PostId/553/Cyber-Liabilitya-growing-concern-for-businesses.aspxliability protectionMon, 10 May 2010 13:23:00 GMT<div class="DNNAlignleft" id="dnn_ctr1062_ContentPane"> <div class="DNN_HTMLContent" id="dnn_ctr1062_ModuleContent"> <div class="Normal" id="dnn_ctr1062_HtmlModule_lblContent"> <p>The Internet has changed the way most of us do business and has increased liability exposures. If any of the items listed below apply to your business, you most likely have Cyber Liability exposures.</p> <ul> <li>you communicate by email</li> <li>you have a website</li> <li>you conduct e-commerce</li> <li>you store information electronically</li> </ul> <h2>why be concerned?</h2> <div>You may not realize that companies sharing information via websites face the same legal liabilities of a publisher…exposures, which are complex and evolving. Privacy and data security risks are constantly changing and increasingly regulated by laws such as the new <a href="http://www.mass.gov/ocabr/docs/idtheft/201cmr1700reg.pdf" target="_blank">Massachusetts Personal Information Privacy law, MA 201 CMR 17</a>. In addition, given the number of people and businesses browsing the Internet, the possible pool of plaintiffs is immense. A single legal action could inflict significant financial damage, and traditional liability products do not address Internet exposures and the risks involved in Internet business activities.</div> <h2>what is Cyber Liability insurance?</h2> Cyber Liability protection addresses the first- and third-party risks associated with e-business, the Internet, networks and informational assets. The category of Cyber Liability includes security breaches; data theft; virus transmission; privacy issues; copyright, trademark and intellectual property infringement; libel or any other issues that first parties can pass to third parties via the Internet. Some of the types of claims that may occur include: <ul> <li>Accidental release of confidential customer information</li> <li>Spreading a virus into a customer’s computer system</li> <li>Theft of customer’s credit card or banking account numbers</li> <li>Derogatory comments made online about a competitor by an employee</li> <li>Denial of service attack hacking</li> <li>Electronic data extortion or destruction</li> <li>Unapproved use of another site's content in web development by a Webmaster</li> </ul> While the exposures outlined above are not all inclusive, and no policy covers every risk, Cyber Liability insurance is of growing importance if any of the above situations applies to your business. <a href="https://www.dfmurphy.com/contactus">Contact us</a> for more information.</div> </div> </div> 553