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Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.
Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
4
Meet the Faculty
MODERATOR:
Eric Hampton - Rudolph Kaplan LLC
PANELISTS:
Gary Kirshenbaum - Alper Services LLC
Harvey Topitz - Rivers Insurance Group
5
About This Series –
Insurance for the Business Owner 101
There‟s one type of contract that virtually every business in the United States enters into each
and every year: their insurance contract(s). Despite being bound by and paying (sometimes
handsomely) for these contracts, they‟re not always well understood by the business.
Questions as fundamental as what risks should be insured (v. self-insured or mitigated via
contract) and for how much or what losses will actually be covered and at what value are
simply not commonly understood. This Financial Poise webinar series teaches business
owners, executives and their trusted advisors, what they should know about their property &
casualty insurance so they understand how best to protect their assets and people in the
most cost effective manner.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
6
About This Webinar –
Understanding Risk Management Basics for Business
Owners
This expert panel embarks upon a discussion of key elements of risk management such as
the 5-Steps of the Risk Management Process, Understanding 3 Main Types of Loss
Exposures, Measuring Loss Exposures, and 5 Types of Risk Control. We‟ll discuss Insurance
Distribution, Wholesale v. Retail Insurers and Policies to give a business owner an
understanding of what to look for in a carrier, a broker and how underwriters operate. We‟ll
also review some general best practices for Safety and Loss Control applicable to many
businesses. In light of current circumstances, we‟ll discuss safety measures for employees
working from home.
7
Episodes in this Series
#1: Understanding Risk Management Basics for Business Owners
Premiere date: 6/23/21
#2: Property/Business Interruption and Cyber Liability
Premiere date: 7/21/21
#3: General Liability, Umbrella/Excess Coverage, Commercial Auto, Workers‟ Compensation
Premiere date: 8/18/21
#4: Executive Protection – Directors‟ & Officers‟, Employment Practices Liability,
Crime/Employee Dishonesty & Professional Liability
Premiere date: 9/29/21
#5: Personal Lines for the Business Owner/Executive
Premiere date: 11/10/21
8
Episode #1
Understanding Risk Management Basics for Business Owners
9
Understanding Risk Management Basics for
Business Owners
• Introduction to Risk Management:
 Five Steps in Risk Management Process:
1. Identify – First Party, Second Party, Third Party
2. Analyze/Understand
3. Evaluate, Measure & Quantify – Frequency, Severity, Flow Chart Analysis
4. Review Treatment Options & Implement – Avoid, Separate, Mitigate, Insure,
Improve Condition
5. Monitor & Review
10
Understanding Risk Management Basics for
Business Owners
• Risk Management Objectives:
 Pre-Loss
1. Prepare plan for multiple scenarios
 Post-Loss
1. Stabilize
2. Contain loss(es)
3. Continue operations
4. Maintain growth
11
Understanding Risk Management Basics for
Business Owners
• Loss Exposure:
 First Party Losses
1. Direct Loss
2. Indirect/Consequential Loss
3. Contingent Loss
12
Understanding Risk Management Basics for
Business Owners
• Loss Exposure:
 Casualty Losses
1. Workers Compensation
2. General Liability
3. Automobile
13
Understanding Risk Management Basics for
Business Owners
• Other Types of Loss Exposures:
 Liability loss exposures
 Business income loss exposures
 Human resources loss exposures
 Crime loss exposures
 Employee benefit loss exposures
 Foreign loss exposures
 Intangible property loss exposures
14
Understanding Risk Management Basics for
Business Owners
• Measuring Loss Exposure
 Physical inspection
 Financial statements
 Historical loss data
 Industry/Market trends
• Loss Frequency
• Loss Severity
15
Understanding Risk Management Basics for
Business Owners
• Risk Control
 Avoidance
 Sharing
 Transferring
 Loss prevention
• Loss reduction
16
Understanding Risk Management Basics for
Business Owners
• Risk Financing
 Retention
 Non-insurance Transfers
1. Contractual Risk Transfer
 Commercial Insurance
17
Understanding Risk Management Basics for
Business Owners
• Insurance Distribution and Insurers:
 Direct v. Independent Agency System
 Retail v. Wholesale Insurance Carrier Markets
 Government Insurance
18
Understanding Risk Management Basics for
Business Owners
• Insurance Distribution and Insurers:
 Broker Selection
1. How can the broker best help your company?
 Research
2. Does the broker know your industry?
 Experience
 Personalize based on needs
19
Understanding Risk Management Basics for
Business Owners
• Insurance Distribution and Insurers:
 Underwriting Objectives
1. Qualifications
 Credit
 Capital/equity
2. Approval/Denial
20
Understanding Risk Management Basics for
Business Owners
• Selecting The Proper Insurance:
 Policy limits
1. High enough for your company?
 Specialized needs to protect your company
 Does your company need multiple insurance policies?
1. Does one or more policy have any areas of weak protection?
21
Understanding Risk Management Basics for
Business Owners
• Policies and Covered Parties:
 4 Elements of Every Policy:
1. Declarations
2. Insuring Agreement
3. Conditions
4. Exclusions (most important)
22
Understanding Risk Management Basics for
Business Owners
• Policies and Covered Parties:
 Insurance Binder (Contract)
 Insurance Certificates (COI)
 Parties:
1. First Named Insured
2. Insured
3. Additional Insured
23
Understanding Risk Management Basics for
Business Owners
• Responsibilities of Insurer:
 Duties of Insurer
1. Duty to Defend
2. Duty to Indemnify
3. Payment for losses
 What Services are Available
24
Understanding Risk Management Basics for
Business Owners
• Responsibilities of Insured:
 What does an Insured need to consider when selecting insurance?
 What does an Insured need to do after selecting insurance?
 Duties of Insured
1. Notify Insurer of claim/loss
2. Cooperate with Insurer
25
Understanding Risk Management Basics for
Business Owners
• Claims Process:
 What does an Insured need to consider when making a claim?
1. Policy limits
2. Deductible
3. Parties involved
 How are claim outcomes determined?
 When are claim outcomes determined?
26
Understanding Risk Management Basics for
Business Owners
• Working From Home, What Is The Risk?
• Introduction
 The number of individuals who work from home has increased by 140% since 2005.
 Working from the comfort of home brings unique Workers‟ Compensation related issues
to the forefront.
• Benefits
 Flexibility
 Commuting time
 It‟s always casual Friday
 Familiarity with the work environment
27
Understanding Risk Management Basics for
Business Owners
• Plan For Home Office Safety
• Safety Defined: Freedom from the occurrence of injury, danger or loss.
 Implement a work at home policy
 Educate your work at home employees on the risks
 Enforce the policy
 Have employees take step to increase their home WiFi security
 Use checklists to assist with compliance:
 OSHA workstation checklist:
https://www.osha.gov/SLTC/etools/computerworkstations/checklist.html
 Home office safety checklist:
https://www.telework.gov/federal-community/telework-employees/safety-checklist/
28
Understanding Risk Management Basics for
Business Owners
• Risk Mitigation Strategy:
 Establish and enforce a written work at home policy
 Establish security protocols in your policy
 Ensure “customer” visit protocol is also established
 Ensure the employee has a dedicated space for work
 Conduct a safety and ergonomic assessment of the work area
 Ensure there are dedicated breaks
29
About the Faculty
30
About The Faculty
Eric Hampton – ehampton206@gmail.com
Eric Hampton is an associate attorney with Rudolph Kaplan, LLC and focuses his practice on
commercial and residential real estate litigation and related transactional matters. Eric has
experience representing a variety of entities and individuals in all stages of commercial
litigation and construction law cases. Eric received his Bachelor of Arts degree from Kansas
State University. Eric earned his Juris Doctorate degree from The University of Iowa College
of Law in 2018, where he was a writer on the Journal of Corporation Law and worked in the
Clinical Law Program. During the summer following his second year of law school, Eric
worked as a summer associate at a boutique corporate restructuring law firm in Chicago. Eric
is admitted to practice law in the State of Illinois and the Northern District of Illinois.
31
Gary Kirshenbaum - GKirshenbaum@alperservices.com
Gary is a Vice President of Alper Services and the Director of the Alper Global Trade Risk Management Division (AGT).
Under his guidance, AGT provides companies the ability to strategically manage their commercial trade risk, both
domestic and export, as well as mitigating political risk involving international business investments.
Risk Management Expertise and Background
Gary has twelve years of experience in trade credit insurance in addition to nine years as a lender in the commercial
finance business. He possesses a deep knowledge of how to minimize credit risk and maximize growth & banking
relationships for Clients. Through this risk management expertise, Gary‟s focus is protecting Clients‟ money. Additionally,
having owned and run a family business for 10 years, Gary understands the everyday struggles of cash flow and credit
risk companies face related to Accounts Receivable.
Community & Industry Involvement
America-Israel Chamber of Commerce & Industry, Executive Committee, „90-‟99
Posse Foundation, Advisory Board Member, „00-‟05
North Shore Congregation, Committee Member, ‟16-‟19
Education
University of Illinois, Urbana-Champaign, 1988
Imperial College of London, London, England, 1986
32
About The Faculty
Harvey Topitz – htopitz@ri-gi.com
Harvey is the founder and principal of Rivers Insurance Group. Harvey is a graduate of City University of
New York with a Bachelor of Science degree in economics/accounting. He is a non-practicing NYS Certified
Public Accountant. Harvey has more than 39 years of experience in the insurance industry, placing property
casualty insurance for all industries and specializing in providing coverage for those businesses hardest to
insure. He began his insurance career at Liberty Mutual, where he was awarded Top Producers designation
and was a member of the prestigious Millionaires Club.At BRI Insurance Brokerage he introduced innovating
programs such as an asbestos abatement contractor‟s program.While with Tanenbaum Harber, now
Alliant/T&H Brokers, he excelled in the hard-to-insure employee leasing industry (PEO) and the
entertainment sector insuring celebrities like EMINEM and 50 Cent. Harvey founded Rivers Insurance Group
in 2005. Harvey saw a void in the difficult to place coverage area for companies that were in distress or
working through a Chapter 11 Reorganization. Trustees, Bankruptcy Lawyers and Turnaround professionals
know that Topitz and his team at Rivers Insurance can get the coverage that most brokers run away from. He
has been on the Board of Directors of the New Jersey Turnaround Management Association for almost 10
years and is known as the Go-To Insurance Guru.
33
Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
34
About Financial Poise
35
DailyDAC LLC, d/b/a Financial Poise™ provides
continuing education to attorneys, accountants,
business owners and executives, and investors. It‟s
websites, webinars, and books provide Plain English,
entertaining, explanations about legal, financial, and
other subjects of interest to these audiences.
Visit us at www.financialpoise.com
Our free weekly newsletter, Financial Poise
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Understanding Risk Management Basics for Business Owners (Series: Insurance for the Business Owner 101)

  • 1. 1
  • 2. 2 Practical and entertaining education for attorneys, accountants, business owners and executives, and investors.
  • 3.
  • 4. Disclaimer The material in this webinar is for informational purposes only. It should not be considered legal, financial or other professional advice. You should consult with an attorney or other appropriate professional to determine what may be best for your individual needs. While Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate, Financial Poise™ makes no guaranty in this regard. 4
  • 5. Meet the Faculty MODERATOR: Eric Hampton - Rudolph Kaplan LLC PANELISTS: Gary Kirshenbaum - Alper Services LLC Harvey Topitz - Rivers Insurance Group 5
  • 6. About This Series – Insurance for the Business Owner 101 There‟s one type of contract that virtually every business in the United States enters into each and every year: their insurance contract(s). Despite being bound by and paying (sometimes handsomely) for these contracts, they‟re not always well understood by the business. Questions as fundamental as what risks should be insured (v. self-insured or mitigated via contract) and for how much or what losses will actually be covered and at what value are simply not commonly understood. This Financial Poise webinar series teaches business owners, executives and their trusted advisors, what they should know about their property & casualty insurance so they understand how best to protect their assets and people in the most cost effective manner. Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and executives without much background in these areas, yet is of primary value to attorneys, accountants, and other seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that participants will enhance their knowledge of this area whether they attend one, some, or all episodes. 6
  • 7. About This Webinar – Understanding Risk Management Basics for Business Owners This expert panel embarks upon a discussion of key elements of risk management such as the 5-Steps of the Risk Management Process, Understanding 3 Main Types of Loss Exposures, Measuring Loss Exposures, and 5 Types of Risk Control. We‟ll discuss Insurance Distribution, Wholesale v. Retail Insurers and Policies to give a business owner an understanding of what to look for in a carrier, a broker and how underwriters operate. We‟ll also review some general best practices for Safety and Loss Control applicable to many businesses. In light of current circumstances, we‟ll discuss safety measures for employees working from home. 7
  • 8. Episodes in this Series #1: Understanding Risk Management Basics for Business Owners Premiere date: 6/23/21 #2: Property/Business Interruption and Cyber Liability Premiere date: 7/21/21 #3: General Liability, Umbrella/Excess Coverage, Commercial Auto, Workers‟ Compensation Premiere date: 8/18/21 #4: Executive Protection – Directors‟ & Officers‟, Employment Practices Liability, Crime/Employee Dishonesty & Professional Liability Premiere date: 9/29/21 #5: Personal Lines for the Business Owner/Executive Premiere date: 11/10/21 8
  • 9. Episode #1 Understanding Risk Management Basics for Business Owners 9
  • 10. Understanding Risk Management Basics for Business Owners • Introduction to Risk Management:  Five Steps in Risk Management Process: 1. Identify – First Party, Second Party, Third Party 2. Analyze/Understand 3. Evaluate, Measure & Quantify – Frequency, Severity, Flow Chart Analysis 4. Review Treatment Options & Implement – Avoid, Separate, Mitigate, Insure, Improve Condition 5. Monitor & Review 10
  • 11. Understanding Risk Management Basics for Business Owners • Risk Management Objectives:  Pre-Loss 1. Prepare plan for multiple scenarios  Post-Loss 1. Stabilize 2. Contain loss(es) 3. Continue operations 4. Maintain growth 11
  • 12. Understanding Risk Management Basics for Business Owners • Loss Exposure:  First Party Losses 1. Direct Loss 2. Indirect/Consequential Loss 3. Contingent Loss 12
  • 13. Understanding Risk Management Basics for Business Owners • Loss Exposure:  Casualty Losses 1. Workers Compensation 2. General Liability 3. Automobile 13
  • 14. Understanding Risk Management Basics for Business Owners • Other Types of Loss Exposures:  Liability loss exposures  Business income loss exposures  Human resources loss exposures  Crime loss exposures  Employee benefit loss exposures  Foreign loss exposures  Intangible property loss exposures 14
  • 15. Understanding Risk Management Basics for Business Owners • Measuring Loss Exposure  Physical inspection  Financial statements  Historical loss data  Industry/Market trends • Loss Frequency • Loss Severity 15
  • 16. Understanding Risk Management Basics for Business Owners • Risk Control  Avoidance  Sharing  Transferring  Loss prevention • Loss reduction 16
  • 17. Understanding Risk Management Basics for Business Owners • Risk Financing  Retention  Non-insurance Transfers 1. Contractual Risk Transfer  Commercial Insurance 17
  • 18. Understanding Risk Management Basics for Business Owners • Insurance Distribution and Insurers:  Direct v. Independent Agency System  Retail v. Wholesale Insurance Carrier Markets  Government Insurance 18
  • 19. Understanding Risk Management Basics for Business Owners • Insurance Distribution and Insurers:  Broker Selection 1. How can the broker best help your company?  Research 2. Does the broker know your industry?  Experience  Personalize based on needs 19
  • 20. Understanding Risk Management Basics for Business Owners • Insurance Distribution and Insurers:  Underwriting Objectives 1. Qualifications  Credit  Capital/equity 2. Approval/Denial 20
  • 21. Understanding Risk Management Basics for Business Owners • Selecting The Proper Insurance:  Policy limits 1. High enough for your company?  Specialized needs to protect your company  Does your company need multiple insurance policies? 1. Does one or more policy have any areas of weak protection? 21
  • 22. Understanding Risk Management Basics for Business Owners • Policies and Covered Parties:  4 Elements of Every Policy: 1. Declarations 2. Insuring Agreement 3. Conditions 4. Exclusions (most important) 22
  • 23. Understanding Risk Management Basics for Business Owners • Policies and Covered Parties:  Insurance Binder (Contract)  Insurance Certificates (COI)  Parties: 1. First Named Insured 2. Insured 3. Additional Insured 23
  • 24. Understanding Risk Management Basics for Business Owners • Responsibilities of Insurer:  Duties of Insurer 1. Duty to Defend 2. Duty to Indemnify 3. Payment for losses  What Services are Available 24
  • 25. Understanding Risk Management Basics for Business Owners • Responsibilities of Insured:  What does an Insured need to consider when selecting insurance?  What does an Insured need to do after selecting insurance?  Duties of Insured 1. Notify Insurer of claim/loss 2. Cooperate with Insurer 25
  • 26. Understanding Risk Management Basics for Business Owners • Claims Process:  What does an Insured need to consider when making a claim? 1. Policy limits 2. Deductible 3. Parties involved  How are claim outcomes determined?  When are claim outcomes determined? 26
  • 27. Understanding Risk Management Basics for Business Owners • Working From Home, What Is The Risk? • Introduction  The number of individuals who work from home has increased by 140% since 2005.  Working from the comfort of home brings unique Workers‟ Compensation related issues to the forefront. • Benefits  Flexibility  Commuting time  It‟s always casual Friday  Familiarity with the work environment 27
  • 28. Understanding Risk Management Basics for Business Owners • Plan For Home Office Safety • Safety Defined: Freedom from the occurrence of injury, danger or loss.  Implement a work at home policy  Educate your work at home employees on the risks  Enforce the policy  Have employees take step to increase their home WiFi security  Use checklists to assist with compliance:  OSHA workstation checklist: https://www.osha.gov/SLTC/etools/computerworkstations/checklist.html  Home office safety checklist: https://www.telework.gov/federal-community/telework-employees/safety-checklist/ 28
  • 29. Understanding Risk Management Basics for Business Owners • Risk Mitigation Strategy:  Establish and enforce a written work at home policy  Establish security protocols in your policy  Ensure “customer” visit protocol is also established  Ensure the employee has a dedicated space for work  Conduct a safety and ergonomic assessment of the work area  Ensure there are dedicated breaks 29
  • 31. About The Faculty Eric Hampton – ehampton206@gmail.com Eric Hampton is an associate attorney with Rudolph Kaplan, LLC and focuses his practice on commercial and residential real estate litigation and related transactional matters. Eric has experience representing a variety of entities and individuals in all stages of commercial litigation and construction law cases. Eric received his Bachelor of Arts degree from Kansas State University. Eric earned his Juris Doctorate degree from The University of Iowa College of Law in 2018, where he was a writer on the Journal of Corporation Law and worked in the Clinical Law Program. During the summer following his second year of law school, Eric worked as a summer associate at a boutique corporate restructuring law firm in Chicago. Eric is admitted to practice law in the State of Illinois and the Northern District of Illinois. 31
  • 32. Gary Kirshenbaum - GKirshenbaum@alperservices.com Gary is a Vice President of Alper Services and the Director of the Alper Global Trade Risk Management Division (AGT). Under his guidance, AGT provides companies the ability to strategically manage their commercial trade risk, both domestic and export, as well as mitigating political risk involving international business investments. Risk Management Expertise and Background Gary has twelve years of experience in trade credit insurance in addition to nine years as a lender in the commercial finance business. He possesses a deep knowledge of how to minimize credit risk and maximize growth & banking relationships for Clients. Through this risk management expertise, Gary‟s focus is protecting Clients‟ money. Additionally, having owned and run a family business for 10 years, Gary understands the everyday struggles of cash flow and credit risk companies face related to Accounts Receivable. Community & Industry Involvement America-Israel Chamber of Commerce & Industry, Executive Committee, „90-‟99 Posse Foundation, Advisory Board Member, „00-‟05 North Shore Congregation, Committee Member, ‟16-‟19 Education University of Illinois, Urbana-Champaign, 1988 Imperial College of London, London, England, 1986 32
  • 33. About The Faculty Harvey Topitz – htopitz@ri-gi.com Harvey is the founder and principal of Rivers Insurance Group. Harvey is a graduate of City University of New York with a Bachelor of Science degree in economics/accounting. He is a non-practicing NYS Certified Public Accountant. Harvey has more than 39 years of experience in the insurance industry, placing property casualty insurance for all industries and specializing in providing coverage for those businesses hardest to insure. He began his insurance career at Liberty Mutual, where he was awarded Top Producers designation and was a member of the prestigious Millionaires Club.At BRI Insurance Brokerage he introduced innovating programs such as an asbestos abatement contractor‟s program.While with Tanenbaum Harber, now Alliant/T&H Brokers, he excelled in the hard-to-insure employee leasing industry (PEO) and the entertainment sector insuring celebrities like EMINEM and 50 Cent. Harvey founded Rivers Insurance Group in 2005. Harvey saw a void in the difficult to place coverage area for companies that were in distress or working through a Chapter 11 Reorganization. Trustees, Bankruptcy Lawyers and Turnaround professionals know that Topitz and his team at Rivers Insurance can get the coverage that most brokers run away from. He has been on the Board of Directors of the New Jersey Turnaround Management Association for almost 10 years and is known as the Go-To Insurance Guru. 33
  • 34. Questions or Comments? If you have any questions about this webinar that you did not get to ask during the live premiere, or if you are watching this webinar On Demand, please do not hesitate to email us at info@financialpoise.com with any questions or comments you may have. Please include the name of the webinar in your email and we will do our best to provide a timely response. IMPORTANT NOTE: The material in this presentation is for general educational purposes only. It has been prepared primarily for attorneys and accountants for use in the pursuit of their continuing legal education and continuing professional education. 34
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