R&R Insurance Blog

The second annual State of Wisconsin Cyber Security Summit was held at Marquette University on October 8, 2014 (see photo on right). The Summit brought together national and international cyber security experts to discuss how the threat of cyber attacks can be reduced. According to Maj. Gen. Don Dunbar, adjutant general of the Wisconsin National Guard and the senior state official for cyber-security issues:

“The impact of a modern emergency will have physical effects, cyber effects, or both. A cyber attack could be just as deadly and costly as a severe storm or major tornado. Cyber criminals could severely degrade basic services that we rely on such as power, water and communication systems,” said Maj. Gen. Dunbar. “That’s why Governor Walker ordered the expansion of the State of Wisconsin Emergency Response Plan to include an annex focusing on the state’s response to cyber attacks and has authorized the adoption of the cyber hygiene campaign.”

Steps of Cyber Hygiene

1. Count: know what is connected to and running on your network.
2. Configure: implement key security settings to help protect your system
3. Control: limit and manage administrative privileges and security protocols; limit and manage those who have admin privileges to change, bypass or override your security settings
4. Patch: regularly update all apps, software, and operating systems
5. Repeat: regularize the top priorities to form a solid foundation of cyber-security

Other key notes from the conference:

• In order to stop cyber crime we need to change behaviors. You can’t build a firewall for stupidity. Passwords are too easy to crack into. The weakest link in cyber security are individuals i.e clicking on links or attachments in emails; writing down passwords.
• The problem with mobile devices is that the majority have no encryption, no password, and no time outs. 637,000 laptops are stolen every year at 106 US airports. The majority are never claimed.
• Beware of wireless networks. For example, 90% of the wireless access points at Chicago O’Hare airport are rogue.

Business need to be aware that if they have sensitive data on a network they are a target regardless of the size of your operation. It takes criminals minutes and seconds to access your system and may take weeks and months for you to detect the intrusion. The Chinese are the biggest threat. In the old days a compromised machine can be taken off line. Now taking it off line moves the virus further into the system and requires forensics to locate and contain.

Since 2005, there have been 4,404 data breaches publicly reported which encompasses 930,642,064 known records (the scope of some breaches are unknown at this point), according to privacyrights.org a nonprofit clearing house.

Included in this total are the 56 million records compromised over a 5 month period in the breach reported by Home Depot last month. Not included at this point are the 76 million households affected by a breach at JPMorgan Chase, the nation’s largest bank on October 2, 2014.

While it is these large cases that make headlines, a recent study conducted by the Ponemon Institute found that more than half of small- and mid-sized businesses experienced a data breach and nearly three-quarters can’t restore their data. While businesses like Home Depot, Target, and JPMorgan Chase will weather this storm, 60% of small businesses close their doors within half a year of being victimized by cybercrime. According testimony at the House Subcommittee hearing on Health and Technology, the one thing that hurts businesses more than anything else is using poor passwords.

Help prevent a cyber attack at your organization:

1. Passwords should be at least 12 digits long, include capital and lower case letters, and have a number or two
2. Businesses need to utilize encryption of all sensitive and regulated data
3. Make sure your network is compliant: anti-virus, anti-malware, firewalls, that the firmware on your firewall is up to date, and patches to your operating system are current
4. Conduct periodic network scans
5. Have policies on security and the use of data and mobile devices. Train your employees on following these policies.

According to Home Depot, criminals used unique, custom-built software that had not been seen in previous attacks and was designed to evade detection. In an article by Insurance Journal, approximately 40% of the cost will be covered by insurance. This is the future that businesses need to prepare for regardless of the size of your company.

What is currently required to be reported to OSHA?

• All work related fatalities
• Work-related hospitalizations of 3 or more employees

Starting 1-1-2015, what will employees have to report to OSHA?

• All work-related fatalities (within 8 hours of finding out about them)
• All work-related inpatient hospitalizations of 1 or more employees
• All work-related amputations
• All work-related losses of an eye

Important note on who is covered by this ruling
All employers under OSHA jurisdiction must report the 4 events listed above and this includes even small employers with less than 10 employees. (who are exempt from OSHA record-keeping)

How soon must these be reported?

• Fatality: within 8 hours of finding out about it or if the death occurs within 30 days of a work-related incident.
• For inpatient hospitalization, amputation and eye loss, employers must report within 24 hours of learning about it. (employers only have to report an inpatient hospitalization, amputation, or loss of an eye that occurs within 24 hours of a work-related incident.)

How do I report one of these events to OSHA?

• CALL: Your local OSHA office or use the 24 hour hotline at 1-800-321-6742
• ELECTRONICALLY: OSHA is working to have this in place soon! (www.osha.gov)

What information do I need to report?

For fatality, inpatient hospitalization, amputation or loss of an eye, report the following:

• Company name
• Location of the incident
• Time of the incident
• Type of injury sustained
• Number of employees who suffered the event
• Names of the employees involved
• Contact person and his/her phone number
• Brief description of the work related incident

Employers DO NOT have to report an event if it:

• Resulted from a motor vehicle accident on a public street or highway. (it does need to be reported if the event happened in a construction work zone)
• Occurred on a commercial or public transportation system (airplane, subway, bus, ferry, streetcar, light rail or train)
• Occurred more than 30 days after the work-related incident if a fatality or more than 24 hours after the work related incident in the case of an inpatient hospitalization, amputation, or loss of an eye.

What about heart attacks?

Employers do have to report an inpatient hospitalization due to a heart attack, if the heart attack resulted from a work-related incident.

2015 OSHA reporting explained: download flow chart

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NOTE: In the same ruling, OSHA has also changed the list of occupations that are now required to complete the OSHA 300 log. It is important to note that employees who had fewer than 10 employees in a calendar year are still exempt from having to complete an OSHA 300 log.

For the new list of industries now required to complete a 300 log as well as additional information can be found at: www.osha.gov/recordkeeping2014.

Have additional questions? Contact your knowledgebroker.

With winter fast approaching, there are so many things to do to prepare for the holiday season. Many common preparations, if overlooked, can be dangerous for you and your home. If you are in denial that winter is coming, such as I am, here are some easy to remember tips that will ease you into the winter spirit for keeping your home safe and warm this winter.

For outside your home:

1. Inspect your roof

Climb up on that ladder and check out your roof! Look for any damaged shingles, weak spots, or possible leaks. If your roof is over 10 years old, any of these things could cause a problem for you during the winter. Heavy snows, melting snow, and freezing could cause a number of problems with your roof. If you have to do any repairs, I highly recommend you spend a little money now, to save a lot of money later.

See also: How to Prevent Ice Dams

2. While you’re up there—check out your gutters!

Clear out your gutters of leaves and debris. These items can get stuck in your gutters and cause major blockages, which could lead to roof and water damage. Check the gutters for any leaks that could lead to dangerous ice and icicle buildups. It is also recommended that you add extensions to your downspouts that lead away from the foundation. This could prevent any freezing of drainage water at your foundation, and therefore prevent further damage in the future.

3. Additional outdoor tips

• Mulch leaves into your lawn instead of raking them- this helps to nourish and maintain your fantastic-looking lawn even when it is covering by snow.
• Turn off all outside water faucets- this can help prevent freezing of these water sources, and could prevent bursting of pipes during those deep-freezes.
• Drain any lawn irrigation or sprinkler systems- this will save you the trouble of thawing out your sprinkler system in the spring!

For inside your home:

4. Reverse your ceiling fans

Don’t give me that look like I am nuts, this actually helps keep your house warmer! If you are looking up at the fan, during the winter it should be rotating clockwise. This way, the fan will push down heated air that has risen to the ceiling. This could also even allow you to turn down the thermostat a few degrees, which could save you some money!

5. Check all windows and doors for drafts

Keep the chills away and outside by sealing off any drafts in your windows and underneath doors. Any drafts you do find can be sealed off using caulk or storm windows on the windows, and draft stoppers at the bottom of doors. This could also save you money, as it should keep your house warmer as well!

6. Clean out your chimney

Before you make any fires this chilly holiday season, make sure that all of your chimney vents and passageways are clean and free of any blockages or soot buildup. This can help to prevent chimney fires and Carbon Monoxide leaks. (Speaking of Carbon Monoxide leaks; if you don’t already have one, invest in a Carbon Monoxide detector!)

Equipment maintenance—keeping you and your tools warm and operating:

7. Schedule a furnace inspection

Have a professional come and take a look at your furnace. Get the furnace cleaned and inspected to ensure that it will work properly throughout the winter. Stock up on furnace filters and replace the filter monthly. This will ensure maximum performance of your furnace through the coldest of winter days. Also, as a precaution, remove any flammable substances or fabrics away from the furnace, just in case!

8. Prepare with weather-specific equipment

At the end of your lawn-care days for the year, drain the gas tanks of lawn mowers, weed whackers, and other gardening or lawn equipment. This will prevent the freezing of the gas over the winter, which could lead to irreparable damage when the winter is over. Make sure to service or replace any snow removal equipment. This includes snow blowers, shovels, ice-melt, sand, and ice scrapers. This will ensure you are ready to take on the snow with a vengeance until the summer months return. Don’t wait until the last minute to do this, as these items seem to disappear out of any and all stores after the first snow storm of the year.

See also: How to Avoid Snow Blower Injuries & When Was Your Last Furnace Tune-Up

9. Check and change batteries in all smoke detectors

According to the National Fire Protection Association, almost two-thirds of home fire deaths are a result of fires in homes with inoperable smoke alarms, or no smoke alarms are present. Be sure to change or check the batteries in your smoke detectors (you might as well check those Carbon Monoxide detectors I mentioned earlier, too!). Do this at least twice per year. I would recommend doing this now, while you are preparing for fall and winter, and again when doing your spring cleaning.

All of these tips can help you conquer the winter with no problems! So after this list is done, bundle up, keep warm, and wait out the winter until spring gets here!

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About the author: Lauren is an R&R Insurance intern learning about the insurance industry through sales and service experiences.

Most homeowners policies limit coverage for personal valuables, and you could fall far short of replacement value if your item is lost or stolen. In order to avoid a gap in coverage, you need to add a low-cost insurance rider to protect jewelry and other valuables.

A Basic Homeowners Insurance policy generally covers your possessions for up to 50% of your total coverage. So if you insure your home for $300,000, your home furnishings and personal property would be insured for as much as $150,000.

However most policies place limits on specific kinds of items — promising to pay a maximum of approximately $1,500 to $2,500 for all of your jewelry in the event of damage or theft. Other categories that usually have reimbursement limits include silver flatware, firearms, coins, stamps and furs. (Read the “contents and additional coverage” section of your policy for the details.) Accidental loss is generally not covered if the item is not scheduled.

To raise your coverage limit for your valuables and ensure that you’re protected in case of loss as well as theft, you will need to add a rider or “schedule” the item. (You may need a written appraisal, although a detailed receipt may suffice.) Once you set a value and schedule the item, you’re covered for the full amount if it is lost, stolen or destroyed. Scheduling your jewelry, collectibles and fine art will make the claims experience a lot easier. Plus, there’s no deductible for scheduled items. So if you lose your engagement ring without having it “scheduled”, you’re not out of luck.

Scheduling your jewelry is inexpensive. Average costs are around 85 cents per $100 of coverage for jewelry kept at home and 35 cents per $100 for items kept in a vault. (Actual prices vary by company and geographical location.) Revisit your coverage levels frequently. We recommend that if you do schedule items on your policy, that you periodically get them reappraised to ensure a proper and up to date value. Plus, it’s a great opportunity to have the jeweler check for loose or damaged settings and stones at the time the item is reappraised.

Here's some help on finding an appraiser:
How to Choose a Professional Jewelry Appraiser

Record setting NFL quarterback Boomer Esiason lost his mother when he was 7 years old. His mother died without life insurance. What a difference life insurance would have made for Boomer's father and sisters.

“We were very lucky we had neighbors who could help out and make sure I was being looked after while my dad was at work,” says NFL great Boomer Esiason, who realized the struggles his dad faced after his mother died. "I learned at 7 that no one is guaranteed a tomorrow, so I’d probably look them in the eye and say, "Just imagine if something happened to you and you hadn’t done the planning. The people you leave behind will feel the brunt of your mistakes."

As spokesperson for Life Insurance Awareness Month, he’s an advocate of both working and stay-at-home parents getting proper life insurance coverage. More of Boomer's story...

Free Download: 10 Questions for Boomer: Learn the connection between football and Life Insurance from Boomer's point of view.

Related article:

• "Big As Life" as seen online with A.M. Best Company - Boomer is the 2014 National Spokesperson for Life Insurance

For more information about life insurance, estate planning and mortgage protection, contact knowledgebroker Tom Driscoll.

Has this ever happened to you?

You purchase some lumber at Menards. You drive your vehicle to the lumber area and park it. Then, an employee of Menards helps you load your truck. Actually, this scenario could happen at any store where you purchase larger items or appliances and then get help loading your vehicle.

But I’ll guess that what happened next to Vicki Blasing, did not happen to you.

Blasing stood near the rear passenger side of her pickup truck as a Menards employee attempted to load the lumber. Unfortunately, some of the lumber fell off and landed on Blasing’s foot.

She filed a personal injury lawsuit against Menard, Inc. and its insurance carrier, Zurich American. She alleged two causes of action against Menards. The first was common-law negligence, and the second was based on Menards’ alleged violations of Wisconsin’s Safe Place Statute.

Menards then tendered the defense and indemnification of the lawsuit back to Blasing’s own personal automobile insurance carrier, American Family Insurance. Menards argued that while their employee was loading Blasing’s truck he was, by definition in the policy, “using” her truck with permission. Both he and Menards would then be considered insureds under Blasing’s personal auto insurance, and therefore, American Family owes Menards a defense.

A majority of the Wisconsin Supreme Court agreed with Menards in an opinion where the words “absurd” and “anomaly” appear frequently. However, this decision is actually consistent with prior cases that addressed what constitutes “use” in an automobile liability policy. This case was sent back to the lower court to proceed on the merits. The issue of whether American Family or Zurich Insurance will provide primary coverage to Menards will have to be worked out at a later date.

Three justices dissented from the Majority’s opinion. They argued that Blasing’s Safe Place Statute allegations involving Menards internal procedures, policies and facilities do not constitute “use” of an automobile.

So how can you avoid a legal mess like this? As it stands right now in Wisconsin, if a store’s employee is loading your vehicle, you should just stand back…way back…at a safe distance and let them load it.

The One Year Statute of Limitations for 1st Party Property Claims

This statute sets the time limit for an insured to file a lawsuit against their property insurer when there is a dispute between them.

The cases below reinforce the importance of reporting all property claims in a timely manner and that if a dispute arises between the insured and insurer, the insured needs to move quickly to preserve their rights.

Even though the statute refers to “Fire Insurance”, Courts have interpreted this to mean all 1st Party Property Policies, such as:

• Homeowners
• Dwelling Owners
• Farm-owners
• Commercial Property
• Inland Marine

Wisconsin Statute §631.83 states that:

An action on a fire insurance policy must be commenced within 12 months after the inception of the loss. This rule applies to riders or endorsements attached to a fire insurance policy covering loss or damage to property or to the use of or income from property from any cause, and to separate windstorm or hail insurance policies.

What does “after the inception of the loss” mean?
There have been published cases which have addressed this issue. These cases show just how tough this standard can be.

In Borgen vs. Economy Preferred Ins. Co., the Borgen’s home sustained hail damage in August 1989. They did not discover the damage until October 1990, approximately 14 months later. The Court dismissed their lawsuit and ruled that the inception of the loss was when the hail storm occurred, not when Borgen first discovered the damage. So, unlike other areas of the law, they refused to apply a discovery rule which would extend the 12-month statute of limitations.

In Bronsteatter vs. American Growers Insurance, a farmer’s 12-row corn planter was vandalized on May 17, 2002. As a result of the vandalism, 2 of the 12 rows would over-fertilize and killed the seeds. Unaware of this vandalism, Bornsteatter planted over 1,000 acres of corn. On June 3, 2002, he realized there was a problem, and discovered the vandalism. He reported the vandalism to the Sheriff and his insurance carrier that day. He filed suit against his property insurer twelve months later on June 4, 2003.

However, the court dismissed his lawsuit by concluding that the “inception” of the loss was when the corn was planted in May 2002. The court rejected Bronsteatter’s arguments that the inception of the loss was either when the problem was discovered in June 2002, or when the loss was actually sustained at harvest time in December 2002.

Note that the statute does allow for the 12-month time limit to be tolled, or temporarily stopped, by formal agreement of the parties, or when the parties conduct an appraisal or arbitration procedure outlined in the policy.

As agents we need to make sure that there are no unnecessary delays on our part in reporting a claim to an insurer. R&R's claims tools are available 24 hours a day, 7 days a week. From our emergency claims service center to CSR24, we are here to help when you need it most.

This material is for informational purposes only and not for the purpose of providing legal advice. R&R Insurance Services, Inc. is not a law firm. You should contact your attorney to obtain advice with respect to any issue or problem specific to your business. The information contained in this document is intentionally condensed and a summary of statutes and court findings.

In an article by SFM (full article), the New England Healthcare Institute reports the national overuse of hospital emergency rooms results in $38 billion in annual wasteful spending. And that an estimated 56% of ER visits could be avoided! Not only is it costing the individual more money, but it is also costing the employer more money in terms of their health benefits and/or work comp costs.

Aside from the dollar figures associated with visiting an ER instead of primary care provider, the quality of care varies as well. An ER is equipped for the doctor to do the initial triage treatment and delegate any follow-up care. There tends to be lack of long-term treatment for the patient. Which could ultimately cost more money for additional treatments if a long-term treatment plan is not discussed at time of injury.

However if a patient is able to visit their primary care provider, an urgent care facility, or a specialty clinic, it typically has a more ideal outcome as the individual is treated by a specialist who is able to guide the treatment. Ultimately, staying out of the ER when possible will lead to better medical outcomes, less frustration, and reduced costs.

WellCompForLife can reduce costs for your health benefits AND work comp to positively impact your bottom line.