Business Insurance

Staffing Shortages May Affect Your Next Trip - Shield Insurance Agency Blog

Staffing Shortages May Affect Your Next Trip

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Pack your patience as the travel industry struggles with staffing shortages.

by Bill Fink,  AARP, October 13, 2021

Staff Shortages due to the pandemic.

Due to the tourism slowdown at the height of the pandemic, many airlines, hotels, restaurants, and attractions cut back operations, laid-off employees, or closed altogether. Now, as travel has begun to rebound, many of those businesses find themselves short of staff and resources. Travelers are feeling the pinch — both in the pocketbook and in the planning process — with lower inventory for accommodations (sometimes due to a shortage of housekeeping staff), longer wait times for services, limited opening hours at restaurants, and higher prices in many popular destinations.

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Restaurant Revitalization Fund, grant money could be on the way for small businesses - Shield Insurance Agency Blogmoney could be on the way for small businesses

Restaurant Revitalization Fund, grant money could be on the way for small businesses

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By Andy Medici | The Playbook

This article first appeared in The Business Journals.

Small businesses could see more Restaurant Revitalization Fund money and other grants for hard-hit industries — but only after Congress finishes its work on a pair of infrastructure bills.

Right now, Congress is occupied trying to pass both a $1 trillion “hard infrastructure” bill with funding for roads and bridges, as well as another $3.5 trillion bill including tax credits for families with children through a process called reconciliation allowing just 50 votes in the Senate. That political wrangling is happening both between Democrats and Republicans and within the Democratic Party itself over how big the bill should be and how it should be passed.

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10 areas businesses should address to mitigate professional lines risks in an evolving world - Shield Insurance Agency Blog

10 areas businesses should address to mitigate professional lines risks in an evolving world

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From cybersecurity exposures and ransomware attacks to M&A volatility and securities litigation, a variety of evolving professional lines risks are affecting the management and professional liability market as the economy adapts in response to COVID-19.

The Professional Lines Risk Matrix featuring 10 potential exposures affecting the professional lines market.

The Risk Matrix, produced by the editorial team at Risk & Insurance®, plots 10 areas that businesses should address to mitigate professional lines-related risks, based on frequency and severity.

10 areas businesses should address to mitigate professional lines risks in an evolving world - Shield Insurance Agency Blog

Download the Risk Matrix

Higher M&A volatility

One pandemic-era risk trend that continues to affect markets is the rise of mergers and acquisitions (M&A). Morgan Stanley reported that last quarter saw 1,250 M&A deals globally, totaling more than $1 trillion. Contributing to the economic landscape are special purpose acquisition companies (SPACs), businesses expressly created to take other companies public and avoid the traditional IPO process. With SPACs, there can be a conflict of interest, with one party trying to close the deal quickly and the other party focused on price. This conflict is leading to more litigation under federal security laws.

Cyber and the board

In 2021 so far, 68.5 percent of businesses have already been victimized by ransomware, according to Statista. And with more than 300,000 new pieces of malware created daily, now is the time for boards of directors to address cyber risk needs. And for good reason: cyber risks are about more than private data; they imperil core operational functions and strategic objectives. It’s never too early to get the board invested in cyber risk management.

D&O risks for extreme weather

Severe weather events can push systems to their limit. When those systems fail, businesses and municipalities may be liable for claims relating to property damage, business interruption, and even loss of life. Directors and officers could be held liable if they fail to prepare for severe weather, much like we saw when historic Winter Storm Uri left portions of Texas without heat or power for a week.  Government and municipalities can mitigate potential directors and officers’ (D&O) exposures by conducting their due diligence. Taking actions like staying up to date on climate data, evaluating and upgrading their current capacities against system failure, and having a continuity plan for emergencies can help organizations reduce their risk and keep the public safe.

Ransomware

The threat of ransomware attacks is becoming more common—in 2021 so far, 68.5 percent of businesses have already been victimized by some type of attack. Digital connectivity is unavoidable for businesses as more turn to computers and online systems to get the job done. The inability to protect sensitive data could leave organizations in both legal and financial jeopardy and goes beyond just cyber exposure. For example, when a ransomware attack occurs at a healthcare facility, both patients and hospital operations can be impacted, resulting in medical malpractice, product liability, and billing errors, and other regulatory liability concerns.

Proper due diligence

For more than a year, businesses across sectors pivoted to new functions and capabilities to keep up with the rapidly evolving economic landscape. While many pandemic-related restrictions are being lifted, the post-COVID-19 world poses a new set of risks that organizations will need to address. Whether companies are welcoming employees back to the office, entering into new vendor partnerships, or evaluating their geographic footprints, they need to do their due diligence and assess the potential exposures.

Social responsibility

Businesses are committing to environmental and social governance (ESG) more than ever before because consumers are looking to engage with corporations that take into account their impact on society at large. How a company treats its employees, addresses top-tier societal issues, and responds to current events can have a significant effect on overall performance. But if a company fails to follow through on its promises, it can expose itself to a variety of risks—loss of shareholders, employees, reputation and revenue can stem from poor ESG performance.

Bankruptcy-related claims

With 2020 going down in history as the “year of COVID-19,” D&O inquiries and related claims continue to be at the forefront of many organizations’ minds. Pandemic-driven macro-economic conditions have disrupted revenue and cash flow, resulting in debt covenant triggers and bankruptcy filings. Boards should be prepared for potential litigation arising out of such actions, and claims made against management alleging misconduct and/or negligence in the performance of fiduciary duties are predicted to rise.

Audits of PPP loans

In response to economic instability caused by the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. A key part of that act was the Paycheck Protection Program, or PPP, a low-interest loan backed by the Small Business Association (SBA) that would help businesses cover payroll and other operational expenses. As of May 31, 2021, the SBA has given out more than $800 billion in PPP loans. And while most PPP recipients used their loans to stay afloat and support their workforce, some business owners used that money inappropriately. Now, the Department of Justice (DOJ) is beginning to look more closely at how these funds were being used. A business under investigation may look to its D&O insurance policy for support—but it doesn’t necessarily provide coverage in fraud-related government investigations.

Insurance ramifications from layoffs

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4 risk-management challenges of using cross-laminated timber in construction - Shield Insurance Agency Blog

4 risk-management challenges of using cross-laminated timber in construction

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cross-laminated timber |

In the last few years, a surprisingly conventional material has swept the sustainable building industry: wood. Cross-laminated timber (CLT) construction, a building method in which wood is layered to create a strong and durable frame, is now competing with traditional concrete and steel foundations. This method, which has become increasingly popular in Europe, is now making headway in the United States. According to the Globe News Wire, the industry is projected to grow by 12 percent between 2021 and 2027.

Construction companies, architects, and environmental advocates alike are embracing CLT because it’s more sustainable than traditional materials, durable, lightweight, and suitable for prefabricated construction projects. But this building method also poses new risk-management challenges for owners, builders, and insurance providers. In this article, we’re examining the challenges of CLT across multiple insurance lines—and sharing suggestions for contractors to help mitigate potential risk.

Challenge 1: protecting the project during construction

In terms of builders’ risk coverage, CLT has some benefits. Because it can be built off-site and transported, the method can result in shortened building cycles, which means contractors may save money on insurance costs. However, builders will need coverage in the event of fire or water damage. CLT is made entirely of wood and—even though the material has been proven to burn slowly in fire tests—it is at a higher risk of fire damage than more traditional materials. On top of that, staining and charring of the wood from water and fire damage can cause aesthetic issues, and project owners might require builders to replace the panels even if the building is still structurally sound.

How to mitigate risk: contractors should ensure that CLT is pre-treated with a fire retardant before building. It’s also crucial that all members of the building team understand transport, storage, and staging best practices to limit exposure to the elements.

Challenge 2: evaluating environmental risks

When it comes to environmental risks, CLT has a leg up over traditional building materials. Although CLT is bonded with glue, most manufacturers use formaldehyde-free adhesives to improve air quality and reduce off-gassing. However, when building with CLT, construction companies should take notice of potential water damage and subsequent mold exposure risks. The 2021 International Building Code allows for CLT buildings up to 18 stories—but these taller buildings are exposed to the elements for more extended periods during construction, increasing the risk of water damage and mold growth. If property owners discover mold, contractors may be liable for any damages or associated health risks.

How to mitigate risk: builders should treat CLT with water repellents, particularly on the end-grain where the wood is more porous. During construction, using tent structures that cover exposed materials can also reduce the risk of water damage that can lead to mold growth.

Challenge 3: understanding cross-laminated timber performance capabilities

Because CLT is a newer material for many builders, design-build contractors should take special care to ensure their designs are structurally sound and materials meet quality standards. Both designers and builders should reference and comply with the applicable International Building Codes and stay up to date on evolving research. For example, as this study highlights, the shape and number of layers of CLT can influence the risk of delamination, in which the adhesive holding boards together fails and can put a structure at risk.

As an example of delamination, work came to a halt on a $79-million building under construction at Oregon State University after two layers of CLT floor panel came unglued and fell. While the incident did not cause any injuries, it did result in a several-month-long investigation, extensive rework to replace the damaged panels, and a delayed opening.

By staying informed on CLT performance capabilities, designers and builders are better able to build safely and on schedule and help mitigate the risk of damage, work delays, and related builders’ risk and liability claims.

How to mitigate risk: designers and builders should ensure that building codes align with the use of cross-laminated timber. Using building information modeling (BIM) during the planning process can also help ensure that all stakeholders—including owners, designers, engineers, and architects—are on the same page during the project. 

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Why You Can't Shake Pandemic Fatigue — And What To Do About It - Shield Insurance Agency Blog

Why You Can’t Shake Pandemic Fatigue — And What To Do About It

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Pandemic Fatigue: How to know if (still) feeling tired is a phase, a funk or something worse

by Beth Howard, AARP, August 10, 2021 | Pandemic Fatigue |

Feeling fatigued during what seems like a never-ending pandemic? Join the club. Whether you feel like you’re languishing or just lacking the energy to head back to the office this fall, you may be one of many Americans who can’t quite shake pandemic-related malaise.

“We’re at home and we’re stressed and the impact of that is to develop a sort of mental and emotional lethargy,” says Margaret Wehrenberg, a clinical psychologist in Saint Charles, Missouri, and author of Pandemic Anxiety: Fear, Stress, and Loss in Traumatic Times.

And yes, your pandemic habits can also play a role — especially if things like regular exercise or healthy eating went out the window sometime during the lockdown. “A lot of people who thought it was going to be a six- or 12-week thing let their diet go,” says Kathryn A. Boling, M.D., a primary care physician at Mercy Medical Center’s Mercy Personal Physicians in Lutherville, Maryland. And instead of, say, going to work and hustling through a commute, “we just walk from the bedroom to the living room and sit in a chair most of the day, except for when we get up to snack.” A year of such habits has likely contributed to the general lassitude. But if you’re over 50 and worried that feeling worn out may just be your new normal, know this: Being tired is not a typical aspect of aging. At least it shouldn’t be when you’re in your 50s, 60s, or 70s. “It does not have to be part of aging until you get pretty advanced,” Boling says. “If you’re 90, you’re more likely to run out of gas.”

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4 ways telematics can drive safety for construction companies - Shield Insurance Agency Blog

4 ways telematics can drive safety for construction companies

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In recent years, many construction companies have realized the value of telematics, a method of using phone apps, seatbelt monitors, AI sensors, and cameras to capture information on driving behavior and safety. But while implementing telematics has become increasingly common in construction vehicles, studies show that most companies aren’t embracing the technology to its full potential.

A recent survey showed that while 86 percent of construction companies use telematics, only about 23 percent use that data to inform their decision-making.

The value of telematics data goes beyond safety. It can also offer insight into company-wide trends, reduce operating expenses, and even help in court. Here are four ways that implementing telematics can add value to your construction company—and tips to help construction risk managers and executives act on the data these systems collect.

1. Create a culture of safety for construction companies.

Construction workers face one of the highest rates of injury and death on the job of any profession. The industry accounted for about 20 percent of all on-the-job fatalities in 2019, according to OSHA. As such, creating a culture of safety is a high priority for construction executives, who want to mitigate risk and keep employees safe.

Telematics data enables companies to create that culture of safety—but simply implementing telematics won’t make drivers safer. To make real change, companies need to monitor and coach drivers, with the goal of improving driving behavior and reducing risk.

By leveraging data to change drivers’ habits, companies can take a proactive approach to safety and help stop accidents from happening in the first place. 

Tips for implementation: coach drivers more effectively and respond to trends, not single incident, so employees don’t feel like they are being punished for a situation that may not have been in their control. Focus on positive reinforcement and get to the root cause of poor driving behaviors—like determining whether employees are overworked or fatigued. Liberty Mutual’s Managing Vital Driving Performance (MVDP™) program takes this approach to help companies implement telematics successfully. One customer realized a 56 percent decrease in aggressive driving events and a 60 percent decrease in hard braking events over a three-month time period after implementing MVDP.

2. Reduce operating expenses.

As noted above, telematics data can help your company move from a reactive to a proactive approach to driver safety—and that can make a difference for your bottom line. Why? Safer driving will lead to fewer accidents and less money spent on vehicle repair and replacement. Over time, safe driving can even cut down on regular maintenance costs because drivers won’t wear out brakes and other parts as frequently. Additional savings might include improved fuel efficiency and better regulatory compliance—which means lower fuel costs and fewer DOT citations to pay.

Tips for implementation: bring telematics into your asset-management process by monitoring costs like maintenance, citations, and other expenses each quarter. You can then compare these expenses to telematics data to track how safe driving is impacting your operating costs.

For larger companies, in particular, telematics is a valuable investment as it can help you spot trends across your fleet. A national construction company, for example, might use telematics to monitor driving behavior across geographic regions to determine whether certain areas are more prone to risk. Telematics data can also help you track trends across different employee populations, types of vehicles, and more. These trends can help you assess your risks from all aggressive driving—not just aggressive driving that has resulted in a single accident.

Tips for implementation: for companies with a large fleet, telematics data analysis should be part of a robust fleet safety program that includes pre-hiring screenings, crash reporting protocols, and more. 

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PFAS the extraordinarily costly liability you need to know about - Shield Insurance Agency Blog

PFAS: the extraordinarily costly liability you need to know about

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A new and massively costly complication is changing environmental liability: cleanup of hazardous per- and polyfluoroalkyl substances (PFAS) found in aqueous film-forming foams or AFFFs. Commonly used throughout the United States, these Class B firefighting foams are used to extinguish fires involving flammable and combustible liquids, oils, gases, and more. PFAS are held to some of the toughest cleanup standards among regulated contaminants. To make matters more challenging, there are few technologies proven to do the job – and many associated costs.

Cleanup costs of PFAS compounds in AFFF can be 5 to 20 times more than those of fuels released from a petroleum storage facility.1

What creates such high costs?

PFAS waste is managed by waste disposal companies as federal hazardous waste. Disposal costs are often nearly double the typical cost of disposal of petroleum-impacted waste. There are several factors at work here:

  • Limited soil treatment options. The only proven methods for treating PFAS in soil are excavation followed by landfill disposal or destruction via incinerator – both of which are costlier than methods used to dispose of other contaminants. 
  • Limited soil treatment resources. Because of the potential for extraordinary liability, only a limited number of landfills and incinerators accept PFAS waste.
  • High transport costs. With facilities few and far between, transporting PFAS-impacted soil can be four times higher than transporting petroleum-impacted waste.1
  • Limited groundwater treatment options. Only ex-situ technologies that include groundwater extraction wells and above-groundwater treatment systems with granular activated carbon or ion exchange resins are proven to treat PFAS in groundwater.
  • Long-term groundwater costs. A groundwater extraction and treatment system may need to operate for as long as 40 years, entailing significant operation and maintenance costs. 
  • Strict federal standards. The acceptable rate of PFAS is notably low, requiring a greater effort and more funds to achieve.

Breaking down cleanup costs

This outline of cleanup costs associated with PFAS contamination following a typical energy industry fuel fire shows the considerable scope of this threat.

$2.25M
Collection and disposal of 1M gallons of AFFF, water, and fuel at hazardous waste management facility

$12M to $54M
The projected cost for soil cleanup

$10M to $15M
The projected cost for groundwater cleanup

$1.8M
One year of stormwater runoff management (collection, transport, and disposal of 800,000 gallons of runoff at hazardous waste management facility)

TOTAL COSTS
$26.05M to $73.05M

How can vulnerable companies prepare?

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Tracking COVID-related securities litigation 4 reasons cases may be on the rise - Shield Insurance Agency Blog

Tracking COVID-related securities litigation

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Tracking COVID-related securities litigation: 4 reasons cases may be on the rise

When COVID-19 hit in March 2020, many in the insurance industry anticipated a wave of litigation that would mirror the influx of lawsuits after the 2008 recession. During that year, investors trying to recuperate lost funds filed more than 200 new cases, increasing securities litigation by nearly 20 percent from 2007. So far, however, this prediction has not played out—at least not yet.

Courts have experienced a slowdown in securities-related lawsuits since the beginning of the pandemic, with only 29 cases filed since the initial shutdown. But some experts believe a surge of COVID-19-related litigation is on the horizon. In this article, we’ll explore what we know based on the COVID-19 securities cases that have been filed so far, and why there could be a rise in legal activity and related directors and officers (D&O) claims. 

COVID-19 securities litigation: what we know so far

Unlike other events that precipitate stock market crashes, the pandemic has had a unique impact on the economic and legal landscape—in large part because it’s unlike any other financial crisis we’ve experienced. Despite the uniqueness of the situation, however, it’s possible to identify several reasons why the pandemic hasn’t sparked the same rise in securities litigation that we saw in 2008.

Importantly, this time the government quickly provided aid to help offset the pandemic’s impact on the stock market. On top of that, many companies went above and beyond to share information with stakeholders following the Securities and Exchange Commission’s (SEC) guidance from April 2020 to “disclose as much information as is practicable regarding [your company’s] financial and operating status(…).” These factors, plus the widespread belief that COVID-19 was just a temporary setback, likely kept many investors out of the courtroom.

Even with the litigation slowdown, however, there are a few cases currently working their way through the courts. The following is a breakdown of the three main types of COVID-19-related securities lawsuits experts have observed so far.

  • Outbreak-related cases

A few cases have been filed against companies that experienced outbreaks in their facilities. For example, some cruise-ship companies, prisons, and long-term care facilities are facing securities litigation.

  • Cases against false financial claims 

Companies that claimed to be able to profit from the pandemic are also facing litigation. For example, shareholders at some vaccine development companies recently sued over false claims around the development of a COVID-19 vaccine. 

  • Cases in heavily impacted industries

Finally, shareholders with investments in companies most disrupted by the pandemic have started to file suits. Heavily impacted industries include real estate investment trusts (REITs) and businesses in the entertainment and travel industries.

4 areas of uncertainty around post-pandemic securities litigation

With so few cases in court today, why could there be a rise in COVID-19-related securities litigation and D&O claims? Here, we review four factors that could make an impact.

1. The nature of the stock market

Since March 2020, the stock market has been volatile, and it will likely continue that pattern for months, or even years. Because of this, reductions in stock prices will take time to develop. Many shareholders may wait until the market levels off to litigate to have a clearer picture of the long-term impact 

2. Stricter regulations from the SEC

According to news outlets, the new administration is signaling a tougher regulatory stance than its predecessor. If the SEC tightens restrictions and enforces stricter disclosures for publicly held companies, this may benefit future plaintiffs.

3. A lack of comparable cases and precedent

As noted above, there have only been a few securities lawsuits to date around COVID-19 losses, and most of the cases are still working their way through the court system. Without precedent to use as a guide, only time will tell if cases survive motions to dismiss and the percentage that is in favor of plaintiffs. If more plaintiffs pursue cases and are successful, it could whet the appetite for more suits.

4. Continued economic uncertainty

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Personal vehicles and business liability what risk managers need to know - Shield Insurance Agency Blog

Personal vehicles and business liability: what risk managers need to know

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If you’re a risk manager, safety officer, or a company stakeholder, you know the business liability exposure for company vehicles inside and out. You regulate and maintain your fleet and your drivers daily, and do everything you can to avoid being part of the more than 7 million auto accidents that occur in the U.S. every year.

But your liability may not end with your company fleet. If your business allows employees to use personal vehicles to conduct business, even only occasionally, you might be exposing your company to additional risk. Here are six areas to consider so your company can mitigate risk and better protect your employees and company.

1. Establish hiring guidelines

Limiting your company’s liability begins with establishing clear hiring practices. Just as you would for employees driving company vehicles, make sure employees who will drive personal vehicles on the job have valid driver’s licenses. For every driver, obtain a motor vehicle record (MVR) to review accidents, infringements, and other behind-the-wheel behaviors. Evaluate MVRs annually and confirm that all employees driving personal cars continue to maintain good driving records. If employees are found exhibiting unsafe behaviors, take whatever measures you feel are appropriate—including training, suspension, or even dismissal.

2. Clarify expectations for drivers

Require employees who are driving personal automobiles for business purposes to sign vehicle use agreements. This document should describe your expectations for employees while they are behind the wheel. For example, employees should agree to:

  • Abide by all state and local laws and regulations pertaining to vehicle operation;
  • Refrain from activities that could lead to distracted driving, including the use of mobile phones; and
  • Never consume alcohol or illicit substances during work hours.

The consequences for disobeying the agreement’s guidelines should be outlined as well. And remember to review and update these agreements regularly—and then obtain new signatures after staff review the revised agreement.

3. Evaluate liability coverage

Your business should also set standards for employees’ automobile liability coverage. In general, state coverage requirements are typically low. California, for example, only requires $5,000 coverage for property damages, while other states only require $10,000 to $15,000 coverage for bodily injury. But a serious accident, resulting in disabling injuries or fatalities, can result in claims costs in the millions.

Your insurance carrier and broker can help recommend minimum coverage requirements and also suggest changes to your company’s commercial auto coverage based on your potential exposure. Employees who use their personal vehicles for work frequently may also want to consider adding business use endorsements to their personal automobile policies. Maintain copies of employees’ certificates of insurance detailing coverage periods and limits and request updated copies every year.

4. Require regular vehicle maintenance

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Shield Insurance Agency - Types of insurance and the insurance companies Shield is proud to represent

Shield Insurance Agency Product List

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Shield Insurance Agency | Start A Quote Today!

Types of Insurance Shield Insurance Agency Provides

Shield Insurance Agency has been in business for so many years, we can shop a lot of different companies for a lot of different types of insurance to be sure you get what you need for the price you can afford. Check out the list!

Personal

  • Auto Insurance
  • Boat Insurance
  • Condo Insurance
  • Dental Insurance
  • Disability Insurance
  • Event Insurance
  • Farm Insurance
  • Flood Insurance
  • Health Insurance
  • Homeowners Insurance
  • Mobile Homeowners Insurance
  • Motorcycle Insurance
  • Motorhome Insurance
  • Recreational Vehicle Insurance
  • Renter Insurance
  • Term Life Insurance

Business

  • Auto Facilities
  • Bond Insurance
  • Business Interruption
  • Cannabusiness
  • Church Insurance
  • Commercial Auto
  • Commercial Property Insurance
  • Contractor Insurance
  • Cyber Liability Insurance
  • General Liability Insurance
  • Group Health Insurance
  • Group Life Insurance
  • Liability Insurance
  • Professional Liability Insurance
  • Security Bond Insurance
  • Workers Compensation

Insurance Companies Shield Insurance Agency is Proud to Represent

AAA
Accident Fund
Aegis
Ambetter
American Modern
ASI
Assurity
Berkshire Hathaway GUARD
Berkshire Hathaway Homestate
Blue Cross Blue Shield/BCN
Bristol West
Companion Life
Conifer
Delta Dental

Foremost
Freemont
Genworth
Golden Rule
Grange
Hanover
HAP
Hiscox
Humana
ING
Liberty Mutual
Liberty Union
Medishare
Molina Healthcare
National General
Nationwide

North American Company
Philadelphia
Principal Financial Group
Priority Health
Progressive
Reinsurepro
RLI
Safeco
State Auto
Superior Flood
The Hartford
Transamerica
Travelers
United Healthcare
Unum
Wolverine

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