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... and witnessed applications and affidavits to start underwriting. Each case is...

... and witnessed applications and affidavits to start underwriting. Each case is...

Property management operations present a broad range of workers' compensation challenges — multiple property types, varied employee duties, seasonal or transient staffing, and multi-jurisdiction exposures. Novatae Risk Group offers a specialized Non-Standard Workers Comp Insurance program tailored to property management risks that are difficult to place in the standard market. The program helps agents and brokers secure reliable coverage for higher-exposure or hard-to-place accounts. Backed by more than 30 years of experience and delivered in partnership with Empire Underwriters, Novatae's program provides flexible solutions to control costs, improve compliance, and simplify claims handling. It is designed to serve accounts exiting assigned-risk pools or state funds, non-renewed accounts, new ventures with operational need, and other non-standard placements where standard markets are unwilling or unable to offer terms. Ideal Accounts and Appetite Property management firms with difficult class codes and elevated experience mods (X-mods typically 1.30–3.00) Accounts leaving state funds, assigned-risk, or an insurer of last resort Non-renewed or canceled accounts with prior loss activity New ventures or startups with no prior coverage but valid payroll and operational plans Accounts with coverage lapses that can provide a loss affidavit and supporting documentation Example fits: you might have a client who manages multiple apartment communities with on-site maintenance and security staff and a recent claims history, or a property manager of retail centers that experienced prior coverage gaps and increasing payroll exposure. Coverage Highlights and Advantages Pay-As-You-Go workers' comp — no premium deposit required No premium audits, reducing administrative burden for clients and brokers Improved cash flow through flexible premium and payroll options Dedicated loss control and risk management support tailored to property operations Claims handled proactively with an emphasis on containment and fair outcomes HR support services including unemployment claims, garnishments, COBRA administration, and related services Full payroll services with tax remittance, 941s, W-2s, and payroll compliance support In-house check cutting and other payroll fulfillment options ASO (Administrative Services Only) and PEO (employee leasing) structures available where appropriate High-retention policy design — coverage remains active until canceled per policy terms Underwriting Notes and Minimum Premiums Required submission items: ACORD 130, applicable class supplemental form, three years of loss runs, a loss affidavit for lapsed or no-prior accounts, explanation for any claims over $20,000, and current experience mod sheets Minimum premiums vary by state and by risk class; underwriters will advise at review Only accounts that meet one or more eligibility criteria will be considered; this is not a market for accounts that have competitive standard-market offers Not suitable: low X-mods or accounts simply shopping for lower rates when standard coverage is available Territories and Availability The Non-Standard Workers Comp for Property Management program is available in most states, including AL, AK, AZ, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, DC, WV, and WI. Carrier access and specific appetite vary by state — carriers vary per state and placement is subject to local market availability. Why Work With Novatae Risk Group? Novatae Risk Group is a Managing General Underwriter and Excess & Surplus Lines broker focused on challenging workers' compensation placements. Our underwriters understand the operational nuances of property management and work with Empire Underwriters to provide non-standard solutions, streamlined underwriting, and a suite of value-added services that make placement and administration easier for you and your clients. Need a quote? Email [email protected] or call 800-758-8113 to speak with an underwriter today. Frequently Asked Questions What types of accounts are a good fit for this program?This program targets property management companies with difficult class codes, elevated experience mods, prior claims issues, or those exiting assigned-risk pools or state funds. Can I submit an account that has had a lapse in coverage?Yes. Accounts with a lapse can be considered if they meet underwriting criteria and include a completed loss affidavit plus supporting documentation. Is prior coverage required for eligibility?No. New ventures or accounts with no prior coverage may be eligible, particularly when they fall into tough classes or have multi-state exposures. Are premium audits required?No. One advantage of this program is the absence of premium audits, which reduces administrative work and helps clients manage cash flow. Which states is this program available in?The program is offered in most U.S. states (see Territories and Availability above). Market access and carrier appetite vary by state and by class. Need help placing an account? Connect with a market specialist.

Basic Facts About Registering A Trademark, Part 1
BASIC FACTS ABOUT REGISTERING A TRADEMARK Part 1 of 5   What is a Trademark? A trademark is either a word, phrase, symbol, or design, or combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet the terms 'trademark' and 'mark' are used to refer to both trademarks and service marks, whether they're word marks or other types of marks. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services. A trademark is different from a copyright or a patent. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, call the Library of Congress at (202) 707-3000. Establishing Trademark Rights Trademark rights arise from either (1) actual use of the mark, or (2) the filing of a proper application to register a mark in the Patent and Trademark Office (PTO) stating that the applicant has a bona fide intention to use the mark in commerce regulated by the U.S. Congress. (See below, under 'Types of Applications,' for a discussion of what is meant by the terms 'commerce' and 'use in commerce.') Federal registration is not required to establish rights in a mark, nor is it required to begin use of a mark. However, federal registration can secure benefits beyond the rights acquired by merely using a mark. For example, the owner of a federal registration is presumed to be the owner of the mark for the goods and services specified in the registration, and to be entitled to use the mark nationwide. There are two related but distinct types of rights in a mark: the right to register and the right to use. Generally, the first party who either uses a mark in commerce or files an application in the PTO has the ultimate right to register that mark. The PTO's authority is limited to determining the right to register. The right to use a mark can be more complicated to determine. This is particularly true when two parties have begun use of the same or similar marks without knowledge of one another and neither has a federal registration. Only a court can render a decision about the right to use, such as issuing an injunction or awarding damages for infringement. It should be noted that a federal registration can provide significant advantages to a party involved in a court proceeding. The PTO cannot provide advice concerning rights in a mark; only a private attorney can. Unlike copyrights or patents, trademark rights can last indefinitely if the owner continues to use the mark or identify its goods or services. The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive. If no affidavit is filed, the registration is canceled. Types of Applications for Federal Registration An applicant may apply for federal registration in three principle ways: An applicant who has already commenced using a mark in commerce may file based on that (a use application). An applicant who has not yet used the mark may apply based on a bona fide intention to use the mark in commerce (an intent-to-use application). For the purpose of obtaining federal registration, commerce means all commerce that may lawfully be regulated by the U.S. Congress-for example, interstate commerce or commerce between the United States and another country. The use in commerce must be a bona fide use in the ordinary course of trade, and not made merely to reserve a right in a mark. Use of a mark in promotion or advertising before the product or service is actually provided under the mark on a normal commercial scale does not qualify as use in commerce. Use of a mark in purely local commerce within a state also fails to qualify as use in commerce. If an applicant files based on a bona fide intention to use in commerce, the applicant will have to use the mark in commerce and submit an allegation of use to the PTO before the PTO will register the mark (see Part 3). Additionally, under certain international agreements, an applicant from outside the United States may file in the United States based on an application or registration in another country. For information regarding applications based on international agreements, please call the information number provided in Part 2. A U.S. registration provides protection only in the United States and its territories. If the owner of a mark wishes to protect a mark in other countries, the owner must seek protection in each country separately under the relevant laws. The PTO cannot provide information or advice concerning protection in other countries. Interested parties may inquire directly in the relevant country, in its U.S. offices, or through an attorney. Who May File an Application? The application must be filed in the name of the owner of the mark-usually an individual, corporation, or partnership. The owner of a mark controls the nature and quality of the goods or services identified by the mark. See below in the line-by-line instructions for information about who must sign the application and other papers. The owner may submit and prosecute its own application for registration, or may be represented by an attorney. The PTO cannot help select an attorney. Foreign Applicants Applicants not living in the United States must designate in writing the name and address of a domestic representative-a person residing in the United States 'upon whom notices of process may be served for proceedings affecting the mark.' The applicant may do so by submitting a statement that the named person at the address indicated is appointed as the applicant's domestic representative under 1 (e) of the Trademark Act. The applicant must sign this statement. This person will receive all communications from the PTO unless the applicant is represented by an attorney in the United States. Searches for Conflicting Marks An applicant is not required to conduct a search for conflicting marks prior to applying with the PTO. However, some people find it useful. In evaluating an application, an examining attorney conducts a search and notifies the applicant if a conflicting mark is found. The application fee, which covers processing and search costs, will not be refunded even if a conflict is found and the mark can't be registered. To determine whether the two marks conflict, the PTO determines whether there would be likelihood of confusion-that is, whether relevant consumers would be likely to associate the goods or services of one party with those of the other party as a result of the use of the marks at issue by both parties. The principal factors to be considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, the marks need not be identical, and the goods and services do not have to be the same. The PTO does not conduct searches for the public to determine if a conflicting mark is registered, or is the subject of a pending application, except as just noted, when acting on an application. However, you can get this same type of information in a variety of ways: Perform a search in the PTO public search library, located on the second floor of the South Tower Building, 2900 Crystal Dr., Arlington, VA 22202. Visit a patent and trademark depository library (at locations listed in Part 4). Go to either a private trademark search company or an attorney who deals with trademark law. The libraries in the first two entries have CD-ROMs containing the trademark database of registered and pending marks. The PTO cannot provide advice about possible conflicts between marks. Laws & Rules Governing Federal Registration The federal registration of trademarks is governed by the Trademark Act of 1946, as amended, 15 U.S. C. 1051 et seq.; the Trademark Rules, 37 C.F.R. Part 2; and the Trademark Manual of Examining Procedure (2d. Ed. 1993). Other Types of Applications In addition to trademarks and service marks, the Trademark Act provides for federal registration of other types of marks, such as certification marks, collective trademarks and service marks, and collective membership marks. These are relatively rare. For forms and information regarding registration of these marks, please call the appropriate trademark information number, indicated below. Where to Send Application and Correspondence The application and all other correspondence should be addressed to The Assistant Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 The initial application should be directed to 'Box NEW APP/FEE.' An AMENDMENT TO ALLEGE USE should be directed to 'Attn. AAU.' A STATEMENT OF USE or REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT OF USE should be directed to 'Box ITU/ Fee.' The applicant should indicate his or her company's telephone number on the application form. Once a serial number is assigned to the application, the applicant should refer to the serial number in all written and telephone communications concerning the application. It's advisable to submit a stamped, self-addressed postcard with the application specifically listing each item in the mailing-that is, the written application, the drawing, the fee, and the specimens (if appropriate). The PTO will stamp the filing date and serial number of the application on the postcard to acknowledge receipt. This will help the applicant if any item is later lost or if the applicant wishes to inquire about the application. The PTO will send a separate official notification of the filing date and serial number for every application about two months after receipt.

...registrations, Section 8 and 15 Affidavits should be filed between the fifth a...

...mod worksheet, and any required affidavits or claim explanations for large los...

IndemnityPlus Dental IndemnityPlus is BEST Life's indemnity plan that offers access to a PPO network. The same benefit levels apply in or out-of-network and members can take advantage of out-of-pocket savings when they receive care from a network dental provider. Basic and rich plan designs are also available along with child and adult orthodontia.

... You’ll need to complete affidavits to show that the standard market wo...

Do You Take Uninsured Motorist Coverage For Granted?
If you answered 'Yes' to the above question, or 'I don't think so,' please read on. If you answered 'No,' congratulations! (I certainly hope you're being honest.) From 1986 to 1998, the No. 1 cause of E&O claims was failure to obtain the proper coverage. Auto claims account for one in every four E&O claims-and more than half of these deal with Uninsured/Underinsured Motorist (UM) coverage. What can go wrong with Uninsured Motorist coverage? Take a closer look: Is it standard operating procedure in your agency to offer clients UM coverage equal to the limits of Liability? The price differential is only an extra $50 to $75 per vehicle and is well worth it. Some states are now requiring that limits for Bodily Injury/Property Damage (BI/PD) and Uninsured Motorist be the same. If you feel that you don't have to offer higher UM limits because an Umbrella is in place that will drop down in the event of a claim, be careful. Personal and Commercial Umbrellas vary widely, so make sure that your company doesn't exclude UM on the policy. If an insured refuses the higher UM limits, many states and companies require that they complete a sign-off form. Even if prospects tell you verbally that they don't want the coverage, never sign the form on their behalf. You may want to check with the company to see if all Named Insureds should sign, or just the first Named Insured. Here's an example of an Uninsured Motorist claim that illustrates many of these points. The case involves allegations that an agent failed to advise a client properly of the availability of higher limits of UM coverage and that the agent failed to obtain a written waiver of UM benefits equal to Liability limits as required by the state's Financial Responsibility Act. An ambulance owned and operated by one of the agency's clients was struck head on by an uninsured vehicle that had crossed the centerline of the highway. A nurse and patient were killed, and the driver was seriously injured. The insured's Business Auto policy had Liability limits of $500,000 but UM limits of only $35,000. The nurse's estate sued the insurance agency, contending that the Uninsured/Underinsured coverage should have been $500,000 and that the agent was negligent in not providing it. Each policy year, the client had been advised that the limits for Uninsured/Underinsured Motorist coverage would be equal to that of Liability coverage unless he chose a lower option. His priorities were to maintain high Liability limits but to keep premium costs down. He reasoned that his employees were covered by Workers' Comp while operating the ambulance, so they wouldn't need the added protection of higher UM coverage. When renewal time came, the client selected the lesser UM coverage and executed the appropriate waivers as required by state law. The testimony of the client, together with an affidavit executed by the agent, persuaded the third-party plaintiff that the waiver was a 'knowing and intelligent waiver.' The agent was dismissed by way of an agreed order with minimal defense costs. In this case, good documentation was key to a good defense. Don't take Uninsured Motorist coverage for granted. Do the right thing: Provide your clients with the coverage they need and defend yourself against E&O claims. Your customers are looking to you for expert advice-don't disappoint them!