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From http://www.propertycasualty360.com 

Risqué Risks 

Issues can arise when adults wear costumes—especially those considered to be provocative—to work. Sexual harassment and other actions that fall under behavior related to hostile work environments have become prevalent in employment law disputes. 

A female sales employee filed a sexual harassment lawsuit when a male manager made lewd comments about her doctor costume. He unbuckled his pants, motioned to his groin, and said, “Here, Doctor. It hurts here.” The defendant was ordered to pay a civil penalty of $50,000 and related attorney fees for the plaintiff at the conclusion of Devane v. Sears Home Improvement Products Inc. 

Crazy Right?!

From http://www.propertycasualty360.com 

Costume Coverage 

Gone are the days when a sheet with two holes for eyes constituted a costume. Those trying to circumvent the expense of Halloween by making their own costumes should use common sense around hazards like candles or fireplaces and be sure to read all manufacturer warnings. Susan and Frank Ferlito attended a Halloween party dressed as Little Bo Peep and one of her sheep. Frank lit a cigarette and ignited his sheep costume, which was constructed from Johnson & Johnson cotton balls. A jury found the couple 50 percent at fault, but still awarded the Ferlitos a combined $625,000 in Ferlito v. Johnson & Johnson. 

The district court granted Johnson & Johnson’s motion for judgment notwithstanding the verdict. On appeal, the court affirmed the district court’s decision to set aside the jury verdict, and noted that cotton is a “simple product with all its essential characteristics apparent, including flammability.” Failure to warn was not found to be proximate to the cause of the injuries the plaintiff sustained and he had not testified that he would not have used the product if there had been a warning. 

WHAT DO YOU THINK?

From http://www.propertycasualty360.com 

Maze of Litigation .

With the holiday’s propensity for themes of bones, blood and gore, it’s no surprise that Halloween accidents can be dangerous or deadly. In the case of Durmon v. Billings, the plaintiff met with a figure dressed as Jason Voorhees from the popular horror film "Friday the 13^th" while walking through the defendants’ corn maze. 

The character approached “Jason,” who wore a costume and mask, and wielded a running chainsaw above his head. The plaintiff attempted to run away, but fell and broke her leg. In the lawsuit, the plaintiff charged the maze owners with negligence for the muddy condition of the field and for allowing “Jason” to use an instrument that could have harmed her. The court found that, upon entering the maze, the plaintiff had paid to be frightened and that the maze’s condition was obvious. Therefore, the defendants were not responsible from protecting her from Jason. 

If the defendants had failed to mention to their insurers that they operate a corn maze on their land, any accident occurring there would not have been covered by the insurance policy. If found at fault for an accident, the defendants would be solely responsible for paying the settlement.   

MAKE SURE YOU ARE PREPARED FOR ANYTHING THAT PUTS YOU IN HARMS WAY

From http://www.propertycasualty360.com 

Halloween is known for tricks, terror and treats. However, hapless party hosts, pumpkin patch proprietors and corn maze meanderers have haunted courts. Read on about  5 claims lawsuits that would send a shiver down the spine of any agent or broker. 

Haunted Houses 

The Haunted House Assn. estimates that more than 2,000 haunted attractions operate each year. This seasonal industry leaves a lot of room for disgruntled customers, so owners beware: Insure your attractions properly, or you’re in for a scare. In the case of Deborah Mays v. Gretna Athletic Boosters Inc., defendants operating a haunted house at the Mel Ott Playground in Gretna, La., were taken to court by the plaintiff, Mays, who became frightened when an employee jumped out at her. 

Mays ran into a cinderblock wall covered with black fabric and needed two surgeries to repair her broken nose. The court found the defendant had “no duty to protect Mays from her reacting in ‘bizarre, frightened and unpredictable ways'” because that is the natural and expected reaction to haunted houses. Duty of care owed to haunted house patrons is different because courts recognize they are intended to scare people and accomplish that end by producing an environment with limited lighting and scary surprises.   What do you think of this ruling?    

From http://www.businessinsurance.com

A Carbondale, Colo., insurance agent was nabbed by police after pocketing thousands of dollars in an insurance scheme.

Karen Iuele was arrested this month on charges of fraud and felony theft after she allegedly took $6,384 from a customer who was under the impression that Ms. Iuele was securing a new insurance policy, according to the Aspen Daily News.

Ms. Iuele, who worked for Aspen, Colo.-based insurance agency Michael Sailor Insurance Inc. during the allegations, helped the victim of her fraud transfer policies from American Republic Insurance Co., which stopped offering policies in Colorado, to Celtic Insurance Co., the Aspen Daily reported.

But according to police reports, Ms. Iuele, allegedly beginning in June, solicited “retroactive premium payments” from the victim by having her deposit cash or a cashier’s check into a “secure account” held by Michael Sailor Insurance, the news report said.

Needless to say, Celtic never received the payments and was not expecting payment until the end of August.

Furthermore, Michael Sailor, owner of the insurance firm, said there was no such account at his agency.

“This is not how we do business,” Mr. Sailor told the Aspen Daily. “We do not take cash or cashier’s checks from customers and never will a client be asked to transfer money to a personal account of an employee of this business.”

Mr. Sailor was alerted of the alleged fraud in September and subsequently fired Ms. Iuele.

Ms. Iuele, who was arrested on Oct. 1 and released on a $5,000 bond, will make her first court appearance Monday to answer to the charges, the Aspen Daily said.

 

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From http://www.propertycasualty360.com

When Dave Grohl looked out at the sea of people in Central Park last weekend for the Global Citizen Festival, he was moved to say he did not know if his band, the Foo Fighters, would ever play a concert together again. “We don’t have any shows after this,” he said. “This is where we play as many songs as we can in a short period of time, because, honestly, I don’t know when we’re going to do it again.” Mr. Grohl took pains to say that the Foo Fighters were not breaking up, calling the band “my life” and saying he could never give it up. But he added that members needed a break from one another. “Sometimes it’s good to just … put it back in the garage for a while,” he wrote. (Arts Beat, 10/2/12)

How amazing! A hiatus. If you are a fan of the Foo Fighters, you and I are brothers or sisters in arms. I’ve been a big fan of the Foos for a few years now, traveling to their shows with my partner, air guitaring their music when driving and using their music as the sole fuel for my extended runs. The fact that they are taking a hiatus is sad, but I get it. Sometimes we all just need a break. The beauty of a hiatus is that you don’t quit. Think about your marriage. If you could simply walk away from each other for a while and “behave properly,” the return could be amazing. It’s my thought that most people who are married actually love each other and that what kills the relationship is the often-mundane daily existence, the fact that life truly does get in the way of love. Taking a hiatus from your spouse or partner is a great idea when things get stale, old, or you simply need a break. There has to be much trust that neither will stray for physical attention, but connecting with other humans is not only healthy, but also exciting. Think about your company. Would a hiatus be beneficial for you? I got a call the other day from a very successful client who asked me, “What are the insurance ramifications of us just closing our business?” After I picked myself up off the floor, I asked, "Why would you do that?" The client told the story that as of late, it’s not fun anymore. The business is going through a meritless lawsuit, the lawyer needs to be paid, and the owner is just tired. Financial independence was recognized years ago and thus this could be their reality. I offered a little advice that I, too, have had times in the past when I just wanted to disappear. Sometimes things are not as fun as others and we just need a break. But if you can stick it out, great times are ahead. I’m now thinking that if these owners were to take a brief hiatus of 6 months or so while putting a pseudo-management team in place, it might be the best thing that ever happened to their company. I believe David Grohl to be one of the smartest men on this planet. He’s not even high school educated, but has been able to traverse one of the most difficult industries, the music business, with seemingly breathless ease, while maintaining his personal code to creating great music. I applaud Dave’s decision to take a break. Maybe you should think about doing the same. It could be time for you to take stock of what you have with your marriage, your business or your life.

From http://www.prdaily.com/ Throughout my career, I’ve seen hundreds of speakers end their presentations in exactly the same way. They click to their last slide, deliver the information on the screen, and limp to the finish line by mumbling something such as:

1. “So feel free to call me with any questions you might have.” 2. “That’s the end of my presentation.” 3. “Thank you for listening.” 4. “Do you have any questions?” 5. “Ummm … thanks.”

A speech’s close is one of its most important parts, but it may also be the most neglected. The close is your final opportunity to accomplish your goal, whether it’s to inspire the audience, drive an action, inform a community, break the status quo, or change an opinion. Here are seven great ways to close a speech, each with an example. (Note that you may want to also include a call-to-action in your close, which I’ve written about here.) Close No. 1: Deliver a summary You may have heard the old public speaking adage that advises speakers to use a three-step approach: “Tell them what you’re going to tell them, tell them, and then tell them what you’ve told them.” You don’t need to follow that rigid rule for every presentation. But you’ll probably use something similar to it the majority of the time, particularly in the “summary” close. In the summary close, you’ll finish your talk with a synopsis that reminds the audience of your goal and your most important points. For example, let’s say you’re an advocate for children’s safety that is trying to increase the percentage of parents who use child safety seats for their kids. You might end your talk by saying something such as:

“In conclusion, we’ve made significant strides in protecting children. Our education campaign significantly helped increase the number of parents who use child safety seats for their children. And our work with the state legislature resulted in laws that now allow police to ticket and fine parents who don’t. “As a result of our work, the biggest issue is no longer making sure that parents install safety seats. Rather, it’s making sure that they do so correctly. One recent study found that as many as 90 percent of all safety seats are installed improperly, which increases the odds that a child will be unnecessarily hurt or killed in an auto accident. “Therefore, I’m recommending a new campaign that shifts our focus from installing safety seats to installing safety seats correctly. This new campaign would encourage parents to use a state- approved installer instead of trying to install the seat themselves. I believe this is the logical next step in our efforts to protect kids in our state, and that this strategy shift will yield tremendous results.”

READ THE REST

This post originally appeared at Open Forum. To build a successful organization, there needs to be a variety of people playing different roles in order for things to run smoothly. Some of these roles are easily defined while others may have more confusing boundaries, such as the difference between a manager and a leader. You can be a manager and a leader at the same time, but just because you're a phenomenal leader doesn't guarantee you'll be a great manager, and vice-versa, so what's the real difference? In his book On Becoming a Leader, Warren Bennis writes about a few crucial differences between a leader and a manager. Here are some key differentiators from the book, as well as insights from Gene Wade, founder and CEO of UniversityNow, and late management guru Peter Drucker. 1. The leader innovates whereas the manager administers. This means that the leader is the one who comes up with new ideas and moves the rest of the organization into a forward-thinking phase. This person has to constantly keep his eyes on the horizon and develop new strategies and tactics. He needs to be knowledgeable about the latest trends, studies and skill sets. "You got people who are just going to work instead of thinking about why they're doing what they're doing, and then you have the leaders," Wade says. On the other hand, a manager maintains what has already been established. This person has to keep her eye on the bottom line and maintain control or else there might be disorder within the organization. In his book The Wall Street Journal Essential Guide to Management: Lasting Lessons from the Best Leadership Minds of Our Time, Alan Murray cites Drucker as saying that a manager is someone who "establishes appropriate targets and yardsticks, and analyzes, appraises and interprets performance." Managers understand the people who work alongside them and know which person is the best person for specific tasks. 2. The leader inspires trust whereas the manager relies on control. Wade says that a leader is someone who inspires other people to be their best and knows how to appropriately set the tempo and pace for the rest of the group. "Leadership is not what you do—it's what others do in response to you," he says. "If no one shows up at your march, then you're not really a leader." And if people do decide to jump on board because you've inspired them, then it means that you have created a bond of trust within the company, which is essential especially if the business is rapidly changing and needs people to believe in its mission. As for managers, Drucker wrote that their job is to maintain control over people by helping them develop their own assets and bringing out their greatest talents. To do this effectively, you have to know the people you are working with and understand their interests and passions. The manager then "creates a team out of his people, through decisions on pay, placement, promotion and through his communications with the team." "Managing a project is one thing, empowering others is another thing," Wade says. MORE HERE http://www.businessinsider.com/3-things-that-separate-leaders-from-managers-2012-9

 

It’s hard to believe that the copy machine just recently celebrated its 50th birthday. There’s no question that these popular technological devices have proven to be worth their weight in gold for countless consumers and businesses. From copying to scanning and even e-mailing documents, copy machines are a must-have for most modern day companies. However, there’s a secret lurking inside the common copy machine that has identity thieves across the nation salivating. Nearly every copier that was built since 2002 includes a hard drive. This relatively small unit, hidden inside the copy machine, stores an image of every single document scanned or copied by the machine. An identity thief’s dream Most copiers store up to 20,000 document images, which might include Social Security numbers, birth certificates, bank records, income tax forms, medical records, and other valuable information. In other words, these hard drives contain the type of data that identity thieves are itching to get their hands on. Perhaps even more frightening is this fact: Anyone can easily buy used copiers from office supply vendors. Oftentimes, a used copier that initially cost thousands of dollars is sold for just $300 or less. Quite a few vendors sell these used copiers to overseas buyers. Most sellers do not erase the hard drive before selling a used copier. That means the buyer gains immediate access to all the invaluable information stored on the hard drive for just a few hundred bucks. With a special device, an identity thief can easily scan and download all the document images stored on this hard drive. However, an identity thief doesn’t even have to buy the copier to gain access to the profitable data inside. He could simply hack into the office copier’s hard drive to get his hands on the wealth of information stored there. Understanding the risks Unfortunately, most of the general public is completely unaware of the potential risks associated with copy machines. A recent study revealed that 60% of Americans do not even realize that copiers store images on a hard drive. Luckily, there are ways to combat the threat of identity thieves stealing data from copy machines. Some copy machine security companies have the ability to “scrub” or delete all of the info on copy machine hard drives before a business gets rid of the copier. Additionally, some new copy machine models include a feature allowing users to erase images from the copier’s hard drive automatically. This extra feature typically costs about $500. It could be worth the added expense. After all, this feature could end up saving you thousands of dollars in identity theft damages.

In April 2010, an oil drilling rig owned and operated by Transocean Ltd. exploded and sank in the Gulf of Mexico. The accident killed 11 people and set off a massive oil spill, causing catastrophic damage to marine life and imperiling coastal areas in four states. Transocean was operating on behalf of the giant energy corporation BP, who owned the rights to the oil field where the rig was located. BP came under intense criticism from the president, Congress, and the public for what was perceived to be inadequate safeguards to prevent the disaster. The companies involved in the incident might have legal liability for economic damages and clean-up costs totaling billions of dollars. Most U.S. businesses are not drilling for petroleum in an important waterway, but they could still face similar loss exposures on a smaller scale. Millions of companies have fuel storage tanks above or below ground, or transport fuel or chemicals. Manufacturers use a variety of toxic substances in their operations. If any of these substances leak into the land, water, or air, the companies might be responsible for remediation costs and damages. If these companies do not have the right insurance, these costs could drive them out of business. The standard Commercial General Liability (CGL) insurance policy by US Risk does not apply to most accidents involving pollution. It does not cover injuries or damages caused by the escape of a “solid, liquid, gaseous or thermal irritant or contaminant,” nor does it cover any costs the business insures because it was asked or required to clean up the contamination. There are some exceptions; for example, the policy covers a contractor if fuel or fluids leak from construction machinery brought to a job site. It also covers injuries or damages caused by heat, smoke, or fumes resulting from an uncontrollable fire. However, the insurance companies that offer this policy do not intend to cover incidents similar to the gulf oil spill. Some companies offer a Pollution Liability policy that fills much of the coverage gap. It covers injuries or damages caused by an ““emission, discharge, release or escape of pollutants into or upon land, the atmosphere, or any watercourse or body of water.” It defines pollutants in the same terms as does the General Liability policy. One significant feature is that it is a “claims made” policy; it covers pollution incidents that occur on or after a date specified in the policy (called the “retroactive date”) and for which claims are made during the policy term. For example, if the policy has a term of January 1, 2010 to January 1, 2011 and has a retroactive date of January 1, 2007, it will cover a claim made in May 2010 for an incident that occurred in August 2008. It would not cover a claim for an incident that occurred in August 2006. Because so many types of businesses use potentially toxic substances (paints, oils, printer chemicals, etc.), the pollution liability exposure is not limited only to manufacturers and energy companies. All business owners should consult with our professional insurance agents to identify their vulnerabilities to pollution claims and ways to handle them -- before a loss occurs.