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Tuesday, 15 November 2011

Insurance

Let's face it: Starting and running any type of business has risks. Recognizing the risks in all areas of your business--management, marketing, contracts, personnel and the particular ramifications of your product or service on customers and the market--is the first step in effective risk management.
One of the smartest moves any business owner can make is having enough of the right kinds of insurance. Not only does this protect your business's assets from risks that could very well reduce them to nothing if a catastrophe struck, it also safeguards your personal assets, which are often on the line, from a liability point of view.
What kind of risks should you be concerned about? If you have employees, you're obligated to:
  • Provide a safe place to work,
  • Employ individuals reasonably competent to carry out
  • Warn employees of danger,
  • Furnish appropriate and safe tools, and
  • Set up and enforce proper rules of employee conduct as they relate to safe working procedures.
You also owe a degree of safety and concern to your customers, clients, and the public--not only for their physical well-being when they're doing business with you but also to protect their property.
The basic business insurance package (not including health insurance) consists of four fundamental coverages--workers' compensation, general liability, auto and property/casualty--plus an added layer of protection over those, often called an umbrella policy. In addition to these basic needs, you should also consider purchasing business interruption coverage and life and disability insurance.

Workers' Compensation

Workers' compensation, which covers medical and rehabilitation costs and lost wages for employees injured on the job, is required by law in all 50 states. Workers' comp insurance consists of two components, with a third optional element. The first part covers medical bills and lost wages for the injured employee; the second encompasses the employer's liability, which covers the business owner if the spouse or children of a worker who's permanently disabled or killed decide to sue. The third and optional element of workers' compensation insurance is employment practices liability, which insures against lawsuits arising from claims of sexual harassment, discrimination and the like. According to the Independent Insurance Agents of America (IIAA), it's often hard for small companies to get workers' comp insurance at reasonable rates. Consequently, some states have a risk-sharing pool for firms that can't buy from the private market. Typically state-run and similar to assigned risk pools for car insurance, these pools generally don't provide the types of discounts offered in the voluntary market and thus are an "insurance of last resort."
Because insurance agents aren't always up-to-date on the latest requirements and laws regarding workers' comp, you should check with your state, as well as your agent, to find out exactly what coverage you need. Start at your state's department of insurance or insurance commissioner's office.
Generally, rates for workers' comp insurance are set by the state, and you purchase insurance from a private insurer. The minimum amount you need is also governed by state law. When you buy workers' comp, be sure to choose a company licensed to write insurance in your state and approved by the insurance department or commissioner.
If you are purchasing insurance for the first time, the rate will be based on your payroll and the average cost of insurance in your industry. You'll pay that rate for a number of years, after which an experience rating will kick in, allowing you to renegotiate premiums.
Depending on the state you are located in, the business owner will be either automatically included or excluded from coverage; if you want something different, you'll need to make special arrangements. While excluding yourself can save you several hundred dollars, this can be penny-wise and pound-foolish. Review your policy before choosing this option, because in most states, if you opt out, no health benefits will be paid for any job-related injury or illness by your health insurance provider.
A better way to reduce premiums is by maintaining a good safety record. This could include following all the Occupational Health and Safety Administration guidelines related to your business, creating an employee safety manual and instituting a safety training program.
Another way to cut costs is to ensure that all jobs in your company are properly classified. Insurance agencies give jobs different classification ratings depending on the degree of risk of injury.

General Liability

Comprehensive general liability coverage insures a business against accidents and injury that might happen on its premises as well as exposures related to its products. For example, suppose a visiting salesperson slips on a banana peel while taking a tour of your office and breaks her ankle. General liability covers her claim against you. Or let's say your company is a window-sash manufacturer, with hundreds of thousands of its window sashes installed in people's homes and businesses. If something goes wrong with them, general liability covers any claims related to the damage that results.
The catch is that the damage cannot be due to poor workmanship. This points to one difficulty with general liability insurance: It tends to have a lot of exclusions. Make sure you understand exactly what your policy covers...and what it doesn't.
You may want to purchase additional liability policies to cover specific concerns. For example, many consultants purchase "errors and omissions liability," which protects them in case they are sued for damages resulting from a mistake in their work. A computer consultant who accidentally deletes a firm's customer list could be protected by this insurance, for example.
Companies with a board of directors may want to consider "directors' and officers' liability" (D&O), which protects top executives against personal financial responsibility due to actions taken by the company.
How much liability coverage do you need? Experts say $2 million to $3 million of liability insurance should be plenty. The good news is that liability insurance isn't priced on a dollar-for-dollar basis, so twice the coverage won't be twice the price.
The price you'll have to pay for comprehensive general liability insurance depends on the size of your business (measured either by square footage or by payroll) and the specific risks involved.

Auto Insurance

If your business provides employees with company cars, or if you have a delivery van, you need to think about auto insurance. The good news here is that auto insurance offers more of an opportunity to save money than most other types of business insurance. The primary strategy is to increase your deductible; then your premiums will decrease accordingly. Make sure, however, that you can afford to pay the deductibles should an accident happen. For additional savings, remove the collision and comprehensive coverage from older vehicles in your fleet. Pay attention to policy limits when purchasing auto coverage. Many states set minimum liability coverages, which may be well below what you need. "If you don't have enough coverage, the courts can take everything you have, then attach your future corporate income, thus possibly causing the company severe financial hardship or even bankruptcy," says Mike Fox, an account executive with Wausau Insurance Companies. "I recommend carrying at least $1 million in liability coverage."

Property/Casualty Coverage

Most property insurance is written on an all-risks basis, as opposed to a named-peril basis. The latter offers coverage for specific perils spelled out in the policy. If your loss comes from a peril not named, then it isn't covered. Make sure you get all-risks coverage. Then go the extra step and carefully review the policy's exclusions. All policies cover loss by fire, but what about such crises as hailstorms and explosions? Depending on your geographic location and the nature of your business, you may want to buy coverage for all these risks.
Whenever possible, you should buy replacement cost insurance, which will pay you enough to replace your property at today's prices, regardless of the cost when you bought the items. It's protection from inflation. (Be sure your total replacements do not exceed the policy cap.)
For example, if you have a 30,000-square-foot building that costs $50 per square foot to replace, the total tab will be $1.5 million.
But if your policy has a maximum replacement of $1 million, you're going to come up short. To protect yourself, experts recommend buying replacement insurance with inflation guard. This adjusts the cap on the policy to allow for inflation. If that's not possible, then be sure to review the limits of your policy from time to time to ensure you're still adequately covered.

Umbrella Coverage

In addition to these four basic coverages (workers' comp, general liability, auto and property/casualty), many insurance agents recommend an additional layer of protection, called an umbrella policy. This protects you for payments in excess of your existing coverage or for liabilities not covered by any of your other insurance policies.

Business Interruption Coverage

When a hurricane or earthquake puts your business out of commission for days--or months--your property insurance has it covered. But while property insurance pays for the cost of repairs or rebuilding, who pays for all the income you're losing while your business is unable to function? For that, you'll need business interruption coverage. Many entrepreneurs neglect to consider this important type of coverage, which can provide enough to meet your overhead and other expenses during the time your business is out of commission. Premiums for these policies are based on your company's income.

Life Insurance

Many banks require a life insurance policy on the business owner before lending any money. Such policies typically take the form of term life insurance, purchased yearly, which covers the cost of the loan in the event of the borrower's death; the bank is the beneficiary. Term insurance is less costly than permanent insurance at first, although the payments increase each year. Permanent insurance builds equity and should be considered once the business has more cash to spend. The life insurance policy should provide for the families of the owners and key management. If the owner dies, creditors are likely to take everything, and the owner's family will be left without the income or assets of the business to rely on.
Another type of life insurance that can be beneficial for a small business is "key person" insurance. If the business is a limited partnership or has a few key stockholders, the buy-sell agreement should specifically authorize this type of insurance to fund a buyback by the surviving leadership. Without a provision for insurance to buy capital, the buy-sell agreement may be rendered meaningless.
The company is the beneficiary of the key person policy. When the key person dies, creating the obligation to pay, say, $100,000 for his or her stock, the cash with which to make that purchase is created at the same time. If you don't have the cash to buy the stock back from the surviving family, you could find yourself with new "business partners" you never bargained for--and wind up losing control of your business.
In addition to the owners or key stockholders, any member of the company who is vital to operations should also be insured.

Disability Insurance

It's every businessperson's worst nightmare--a serious accident or a long-term illness that can lay you up for months, or even longer. Disability insurance, sometimes called "income insurance," can guarantee a fixed amount of income--usually 60 percent of your average earned income--while you're receiving treatment or are recuperating and unable to work. Because you are your business's most vital asset, many experts recommend buying disability insurance for yourself and key employees from day one. There are two basic types of disability coverage: short term (anywhere from 12 weeks to a year) and long term (more than a year). An important element of disability coverage is the waiting period before benefits are paid. For short-term disability, the waiting period is generally seven to 14 days. For long-term disability, it can be anywhere from 30 days to a year. If being unable to work for a limited period of time would not seriously jeopardize your business, you can decrease your premiums by choosing a longer waiting period.
Another optional add-on is "business overhead" insurance, which pays for ongoing business expenses, such as office rental, loan payments and employee salaries, if the business owner is disabled and unable to generate income.

Health insurance

ealth insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is available to pay for the health care benefits specified in the insurance agreement. The benefit is administered by a central organization such as a government agency, private business, or not-for-profit entity


Click here to find out more! Representation Agreement: Your Attorney and You

No matter which state you live in, or how well you know your attorney, you should always enter into a written representation agreement (sometimes called a fee agreement) with your lawyer.  These contracts normally set out the terms of the attorney-client relationship as well as the fees and compensation that the attorney is due.
While some attorneys may use very formal contracts for a representation agreement, often running many pages in length, other lawyers will use simple, one page letters.  The length and complexity of the contract doesn't matter as much as the content.  The agreement should carefully outline and explain certain issues, such as how much and when the lawyer will be paid, who is responsible for the court fees, and who will work on the case, whether it is a paralegal or a lawyer.

Reasons to have a Written Representation Agreement

The simple reason to have a written agreement with your attorney is to make sure that both parties to the contract know what is going on.  Most disputes that arise between lawyers and their clients are about money, whether it is how much the attorney is owed, or how much the client is owed as a refund.  In order to resolve these disputes quickly and without the need for court intervention, it is best to have a written contract in place that can clear up these issues.  It is highly effective to be able point to a specific part of a written contract in order to prove your point.
There are other reasons (unrelated to money) to have a written representation agreement. For instance, if you only want licensed attorneys work on your case, and not paralegals, then this can be put in the terms of the contract.
These representation agreements are also a great way of laying out how the client wants his relationship with his attorney to work.  For example, more "hands-on" clients may wish to have his or her attorney call with a status update once a week.  This can be added into the terms of the agreement.
Finally, putting the agreement in writing forces both client and attorney to be very clear about what is expected of each other.  Oral representation agreements may be subject to different interpretations, depending upon the side.  However, a written representation agreement makes both attorney and client explicitly aware of the terms and scope of the contract.

What to Include in Your Representation Agreement

Your representation agreement should clearly include the attorney's fees. associated costs, and how and when this money is to be paid.  In addition, lawyers work on different pay structures, so be sure that this term is included in the agreement.  In general, attorneys will either work on an hourly, fixed or contingency fee basis.
Hourly fee -- For many types of cases, this is the most common way that an attorney will be paid.  Just like paying an hourly employee, clients will be expected to pay their attorney for each hour, or part of hour, that the lawyer works on the case.  Rates typically vary from as little as $75 per hour to more than $500 per hour.  In addition, a client should be expected to pay for time spent on the case by other people in the office, such as paralegals.  The rates for these workers will normally ring in between $40 and $80 per hour.
If you and your attorney have agreed upon an hourly fee arrangement, then the representation agreement should lay out some of the terms.  For instance, the contract should state how often the lawyer will be paid (weekly, monthly, yearly, after the case is over, etc), and how much detail the bill will include (what time was spent on what matter).  In addition, there should also be some mention of how the client could go about challenging the attorney's time spent on some task.
Fixed fee -- This is a fairly new method that attorneys sometimes use to bill their clients.  Under this fee structure, an attorney will charge a client a fixed amount for a certain type of case.  This is generally used by attorneys that do one type of case or transaction multiple times.  For example, an attorney may charge a client $5,000 for handling a rear-end collision case.  For this type of arrangement, the representation agreement should include terms that do not allow the attorney to charge more than the agreed upon amount.
Contingency fee -- This type of fee arrangement is often used in personal injury cases.  This is great for clients that do not have a lot of money to pay attorneys up front.  Instead, the attorney agrees to take the case in exchange for a certain percentage of whatever award is issued at the end of the representation.  If the client loses the case, then the attorney does not get paid.
If you have agreed upon a contingency fee arrangement, you representation agreement should include terms that set out what percentage of the eventual award or settlement the attorney will receive.  Common contingency fees range from 20% to 40%.  As well, some attorneys change their percentage depending on whether the case goes to trial, or if the case is settled beforehand.  This should also be included in the agreement.

Power of Attorney and Representation Agreements




Script 180 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
This script discusses both powers of attorney and representation agreements, starting with powers of attorney.
What is a power of attorney?
A power of attorney is a document that appoints another person, called an “attorney,” to make financial and legal decisions for you.
A power of attorney can be very specific
For example, you may give your daughter a power of attorney just to cash your old age security pension cheques for you. In fact, you can get power of attorney forms for cashing these cheques at your local federal Service Canada office. Your bank can also give you a form if you need a power of attorney for a specific bank account.
A power of attorney can also be very general
If you wish, you can give your attorney very wide powers to deal with all of your assets.
There are specific rules for powers of attorney dealing with real estate
The Land Title Act requires the attorney to do certain things and follow certain procedures, and there are certain rules that apply. For example, a power of attorney dealing with real estate is only valid for three years from the date of signing, unless otherwise specified or unless it is an enduring power of attorney as described in the Power of Attorney Act. You can get a copy of the Land Title Act at your local library or find it on the government’s legislation website at www.legis.gov.bc.ca. But because real estate involves large amounts of money, you should consult a lawyer for real estate transactions rather than trying to do it yourself.
Who should you appoint as your attorney?
Consider carefully who to appoint as your attorney and the powers you want to give. It’s important that you trust that person’s honesty and judgment. If you have no family member or friend that you can or want to appoint, you can appoint a respected professional such as your lawyer, accountant or trust company. As a power of attorney gives your attorney very broad power, it can cause you a lot of harm if misused.
Does the person you appoint have to act as your attorney?
No. Merely granting a power of attorney to someone (and even delivering the written document to them) doesn’t mean that this person has to act as your attorney if they don’t want to. The attorney doesn’t have to take any specific steps to say “no,” or to later decline to act if they no longer wish to be the attorney.
How do you end a power of attorney?
The most effective way to terminate a power of attorney is to give your attorney a written notice saying that their power has ended, and preferably also to destroy all originals or duplicates of the document (to prevent misuse by the terminated attorney). To cancel or revoke a power of attorney dealing with land, you must file a document called a “Notice of Revocation” in the Land Title Office where the land is registered. The court can also terminate a power of attorney – this might happen if your attorney abuses their power. It’s also possible to put an end-date in the document itself.
A power of attorney automatically ends in certain circumstances
It automatically ends when you die or if you become bankrupt. It also ends if you become mentally incompetent, unless you say that the power should continue, and then you’ve made an “enduring power of attorney.”
What is an enduring power of attorney?
An enduring power of attorney allows your attorney to make the necessary financial and legal decisions for you in case you become mentally incapable because of age, accident or illness. To make an enduring power of attorney, the document must say that the agreement will continue to be in effect if you’re no longer able to make decisions for yourself.
When is an enduring power of attorney useful?
An enduring power of attorney may help avoid having the court appoint a “committee” of one or more people to look after your legal and financial affairs in the event that you become mentally incompetent. A committee appointment is much more expensive than making an enduring power of attorney.
What decisions can be delegated with a power of attorney?
A power of attorney is used to delegate financial and most legal decisions. This is true for both a power of attorney and an enduring power of attorney. But your attorney cannot make medical or health care decisions for you, such as consenting to surgery or dental work for you. For these decisions, you need to make what’s called a “representation agreement.”
What is a representation agreement?
The Representation Agreement Act allows you to appoint someone as your legal representative to handle your financial, legal, personal care and health care decisions, if you’re unable to make them on your own. The document is called a representation agreement, and it creates a contract between you and your representative.
Your representative has certain duties they must follow
For example, your representative must consult with you, as much as is reasonable, to determine your wishes. Generally speaking, unless your representative is your spouse, the representation agreement must name another person as a “monitor” to help ensure that the representative lives up to their duties, or the agreement must state that a monitor isn’t required.
Are there different types of representation agreements?
There are two types:
  • Section 7 limited agreement – to cover straightforward, everyday decisions
  • Section 9 general agreement – to deal with complex legal, personal care and health care matters
A Section 9 agreement is needed for your representative to make such decisions as refusing life support if you become terminally ill.
Do you need a lawyer to make a representation agreement?
The law says you must consult a lawyer to make a Section 9 agreement, but you should actually see a lawyer for both agreements. A lawyer can help you to understand the wide range of issues that arise with a representation agreement.
Can you register these documents somewhere?
At the Nidus Personal Planning Resource Centre & Registry, you can register both enduring powers of attorney and representation agreements. Hospitals, banks and government services can search there to find out who your attorney or representative is if they need to. See www.nidus.ca.
Summary
A power of attorney is a document that allows you to give another person, called the attorney, the authority to act for you in financial and legal matters. The power can be as specific or as general as you wish. But unless you use an enduring power of attorney, it will automatically end if you become mentally incompetent. A representation agreement, on the other hand, can cover personal care and health care decisions, as well as certain financial and legal decisions, if you’re unable to make them on your own.
Where can you find more information?
  • The Public Guardian and Trustee of British Columbia has detailed information on powers of attorney, representation agreements and court orders appointing a committee to look after the affairs of a person who is mentally incapable. Their phone number is 604.660.4444 in Vancouver and their website is www.trustee.bc.ca