Are you concerned when asked “does your daily work ticket provide the right contractual risk transfer language?” The answer is often “yes” because to answer the question will probably cost you billable hours with an attorney. NBIS has successfully defended its clients in claim situations using contract language, even upper tier contracts & MSA’s. During this session, Mr. Smith and Mr. Silva will present basic protocols on why contractual risk transfer is so important and how to position your operation properly. You will learn how IRMI spreads the ‘Top Down Risk Transfer’ message to large construction companies and ways to defend your operation in the event of a claim. Lean on the team of experts from NBIS to ensure your daily work ticket leverages the most defensible terms available.
Speakers: Bill Smith, EVP Claims & Risk Management, NBIS (NationsBuilders Insurance Services, Inc.) Tyrone Silva, Risk Manager, NBIS (NationsBuilders Insurance Services, Inc.)
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
Frustration of contracts in emerging markets
Emerging markets hold opportunities but carry greater risk
Political change
Civil unrest/instability
Supply chain/contractor issues
Sanctions
Immature/unreliable legal system
How does contract law deal with these issues?
Doctrine of frustration
Force majeure clauses
How can you minimise these risks at the contract drafting stage?
Investment structuring
Drafting of contractual provisions
Instant Assignment Help Australia have drafted a PPT on “Aspects of Contract and Negligence”. For more PPT sample kindly mail us at :help@instantassignmenthelp.com.au or Call Us at: +61 879 057 034.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
Frustration of contracts in emerging markets
Emerging markets hold opportunities but carry greater risk
Political change
Civil unrest/instability
Supply chain/contractor issues
Sanctions
Immature/unreliable legal system
How does contract law deal with these issues?
Doctrine of frustration
Force majeure clauses
How can you minimise these risks at the contract drafting stage?
Investment structuring
Drafting of contractual provisions
Instant Assignment Help Australia have drafted a PPT on “Aspects of Contract and Negligence”. For more PPT sample kindly mail us at :help@instantassignmenthelp.com.au or Call Us at: +61 879 057 034.
Insurance law is the practice of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer policies; and regulation of claim handling.
Legal Concepts Of Liability Insurance 2010Annette Ardler
THis course addresses liability insurance and the legal concepts associated with it. During the course, students will gain an understanding of the following concepts: Four Types of Exposures: Test for Negligence; Defense and Conditions for Negligence; Duty to Defend; Claims Settlement and Payments by Policy Structure
If the Force Majeure Clause is properly written, with the help of a risk management specialist, then your contracts will be more robust.
Is something happens and one of the party invokes Force Majeure, then there will be less discussions, less chances to enter into litigation, and the situation will be resolved faster and cheaper.
Surety Industry Overview: State of the Industry by Cissie ScogginDon Grauel
Cissie Scoggin of Liberty Mutual Insurance presented "Surety Industry Overview: State of the Industry" to the 68th Annual F. Addison Fowler Fall Seminar on October 17, 2014.
subject of professional liability and managing your E&O risk. Highlights of the presentation are as follows. Errors and Omissions: What is an E&O, sample cases/claims. Negligence versus contract: Obligations to others. Standards of care. Damages: direct, consequential. Joint and several liability; loser pays. Insurance and risk management considerations. Presenter(s): Maurice Audet and Shelley Lloyd both of Aon Reed Stenhouse Inc.
Insurance law is the practice of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer policies; and regulation of claim handling.
Legal Concepts Of Liability Insurance 2010Annette Ardler
THis course addresses liability insurance and the legal concepts associated with it. During the course, students will gain an understanding of the following concepts: Four Types of Exposures: Test for Negligence; Defense and Conditions for Negligence; Duty to Defend; Claims Settlement and Payments by Policy Structure
If the Force Majeure Clause is properly written, with the help of a risk management specialist, then your contracts will be more robust.
Is something happens and one of the party invokes Force Majeure, then there will be less discussions, less chances to enter into litigation, and the situation will be resolved faster and cheaper.
Surety Industry Overview: State of the Industry by Cissie ScogginDon Grauel
Cissie Scoggin of Liberty Mutual Insurance presented "Surety Industry Overview: State of the Industry" to the 68th Annual F. Addison Fowler Fall Seminar on October 17, 2014.
subject of professional liability and managing your E&O risk. Highlights of the presentation are as follows. Errors and Omissions: What is an E&O, sample cases/claims. Negligence versus contract: Obligations to others. Standards of care. Damages: direct, consequential. Joint and several liability; loser pays. Insurance and risk management considerations. Presenter(s): Maurice Audet and Shelley Lloyd both of Aon Reed Stenhouse Inc.
Additional insured slide s hare may 6, 2021 2Jeanne Abatelli
LEARN:
What you need to look for in a contract.
How to read construction contracts for insurance from the brokers perspective.
The history & evolution of additional insureds.
How additional insured endorsements interact with construction contracts.
Self-Insured Retentions Part 2: An Examination of the Uses and Problems (from...NationalUnderwriter
This second and concluding part of the discussion on self-insured retentions first itemizes the points that should be
considered when either drafting or accepting SIRs. The discussion then addresses some additional problem areas not only with self-insured retentions having to do with primary liability policies, but also with the SIR feature of umbrella policies. It is not unusual, furthermore, for litigants, among others, to confuse deductibles with self-insured retentions, and there are differences, as one case discussed points out. In light of the fact that self-insured retentions also are growing, it also is important that parties to a contract are informed of their existence. To not do so, could end up with the accusation of failure to procure the proper insurance and, of course, such a breach is not covered by liability policies. It is for this reason that perhaps insurance certificates should be amended to insert room to notify (and warn) certificate holders of an SIR existence.
2014 has been a year of remarkable upheaval and uncertainty across the globe. The aftershocks of the 2008 financial crisis and Eurozone debt crisis continue to reverberate throughout the world’s financial markets. To the challenges posed by these aftershocks have been added those of continued warfare and strife across much of the Middle East, the deteriorating situation in the Ukraine and the attendant cooling in relations between Russia, the US and the EU. The effect of these and other similar events on the contractual relations entered into by our clients is uncertain and may necessitate the invoking of the doctrine of frustration and the use of Force Majeure clauses, particularly for those clients doing business in emerging markets. This session examines the kind of events which may justify the invocation of frustration and Force Majeure, such as political change, civil unrest and the imposition of sanctions, and offers tips on how best to minimise the effect of such risks at the contract drafting stage and during times of unrest
An insurance claim is a request of a policyholder to an insurance company to compensate the policyholder for an expense or loss. Based on its analysis, the insurance company may either accept or validate the claim or reject it.
Insurance coverage is said to indemnify a policyholder. In other words, indemnify means to exempt or protect from a liability. A policyholder may be an individual or a group of individuals such as the employees of a corporation. In exchange for the protection of an insurance policy, the policyholder pays a premium. This is a regular payment made to the insurance company.
For consumers, there are three main types of insurance claims: health, life, and property. Health insurance is meant to cover major medical expenses such as surgery and inpatient expenses to such an extent that the policyholder is protected from life-changing financial setbacks in the event of an accident or serious illness. More comprehensive health policies will also cover doctor's visits and other relatively minor outlays. Life insurance provides for the financial welfare of identified beneficiaries in the event of the death of the policyholder. With this type of policy, there is typically a caveat that the death must not be due to criminal activities or suicide. Property insurance typically takes the form of homeowner's insurance, as the house would most likely be the single largest asset of a policyholder in his or her lifetime.
Similar to 2017 Financial & Risk Management Forum: Bottom Up Risk Transfer (20)
Breakout Session: How the Latest Regulations Impact Your Business
Regulations impact every part of your operation so it’s important to continuously evaluate your Risk Management/Safety Plan and initiatives against the 2019/2020 regulatory landscape. In this session, gain unique insights into upcoming changes to the FMCSA Compliance, Safety, Accountability (CSA) program, timely details on the upcoming CDL Drug & Alcohol Clearinghouse mandate, the likely Hours-of-Service (HOS) rule changes, as well as an important enforcement information related to final ELD compliance date in December.
Speaker: Dave Osiecki, President and CEO, Scopelitis Transportation Consulting, LLC
Breakout Session: Understanding Ground Bearing Capacities
Ground stability is one of the most important factors to be considered with crane set up. This session will review the underlying physics and reaction forces, as well as group pressures. Learn best practices in ground stabilization methods and techniques including crane pads and mats; cribbing and shoring; crawler crane pads and more.
Speakers: Jeff Steiner, Owner, Bigfoot Construction Equipment
Mike Walsh, President, Dearborn Companies
Breakout Session: Insurance Q&A: Ask the Industry Expert
This session will be an open discussion about what to do to help protect your company before you have a claim, what changes you can make to put your company in a better position to defend it, and tips to prepare for attorney tactics. Bring your questions for our expert to answer.
Speaker: Bill Smith, EVP, Claims & Risk Management, NIBS (NationsBuilder Insurance Services, Inc.)
Breakout Session: How to Use Data to Revitalize Your Marketing
During this informative round-table discussion, three heavy-construction industry professionals with experience in publishing, marketing, and digital analytics will discuss proven strategies for using information to drive brand awareness and sales. The discussion will cover advertising best practices; fundamentals of brand strategy; and demystifying SEO. Learn how to use analytics, research, and good-old-fashioned listening to drive brand value.
Panelists: Tim Hillegonds, Chief Strategist, Thrive Creative
Trevor Pease, President & COO, KHL Group Americas
Izzy Crouch, Campaign & Traffic Analyst, KHL Group
Breakout Session: Tech Trends in Crane & Rigging
The impact of technology on your personal life is obvious. But are you leveraging the latest technology to make your company more efficient and safer? Learn from a panel of experts about the benefits and limitations of emerging technology and how it will affect the industry.
Panelists: Ted Blanton, Founder and Consultant, North American Crane Bureau (NACB)
David Thornton, Senior Technical Product Manager, Fleet Cost & Care
Tawnia Weiss, President, AIA Software
Breakout Session: Tech Trends in Crane & Rigging
The impact of technology on your personal life is obvious. But are you leveraging the latest technology to make your company more efficient and safer? Learn from a panel of experts about the benefits and limitations of emerging technology and how it will affect the industry.
Panelists: Ted Blanton, Founder and Consultant, North American Crane Bureau (NACB)
David Thornton, Senior Technical Product Manager, Fleet Cost & Care
Tawnia Weiss, President, AIA Software
Breakout Session: Tech Trends in Crane & Rigging
The impact of technology on your personal life is obvious. But are you leveraging the latest technology to make your company more efficient and safer? Learn from a panel of experts about the benefits and limitations of emerging technology and how it will affect the industry.
Panelists: Ted Blanton, Founder and Consultant, North American Crane Bureau (NACB)
David Thornton, Senior Technical Product Manager, Fleet Cost & Care
Tawnia Weiss, President, AIA Software
Breakout Session: Inside Scoop: How Crane Operator Certification and Evaluation is Really Going
Nearly a year after OSHA published its final rule on Operator Qualification, some companies still have questions about training and certification. How should employers evaluate their operators, and how often? What documentation is required? What implications, if any, are there to existing crane operator certifications? Hear from an industry expert on how his company implemented the requirements and learn the latest developments from NCCCO leadership.
Speakers: Bret Shields, Director of Safety, Buckner HeavyLift Cranes
Thom Sicklesteel, CEO, National Commission for the Certification of Crane Operators (NCCCO)
Breakout Session: Design, Fabrication and Testing of Cantilever Beams and Triangle Plates
Cantilever beams and triangle plates are valuable specialty rigging tools, but the engineering fundamentals behind their design and use are simpler than they may appear. This presentation will provide examples of commonly used rigging applications and will identify resources for design, fabrication, load testing and lift planning.
Speaker: Chad Fox, PE, Project Manager, ruby+associates
Breakout Session: Understanding Ground Bearing Capacities
Ground stability is one of the most important factors to be considered with crane set up. This session will review the underlying physics and reaction forces, as well as group pressures. Learn best practices in ground stabilization methods and techniques including crane pads and mats; cribbing and shoring; crawler crane pads and more.
Speakers: Jeff Steiner, Owner, Bigfoot Construction Equipment
Mike Walsh, President, Dearborn Companies
Breakout Session: Navigating the Haze of Legalized Marijuana in the Construction Industry
With 17 states having legalized marijuana, companies are left to figure out how to address the legal and practical aspects of marijuana usage. Learn how companies from the U.S. and Canada are tackling the issue and what you can do today to start managing it within your own company.
Panelists: Pat Collins, Director, Product Marketing, Link-Belt Cranes
Ryan Long, Regional Operations Manager, Irving Equipment Limited
Bob Picken,Vice President Global Risk Management, Sterling Crane
Victoria O’Neil, Health & Safety Coordinator, Matcom
Breakout Session: Navigating the Haze of Legalized Marijuana in the Construction Industry
With 17 states having legalized marijuana, companies are left to figure out how to address the legal and practical aspects of marijuana usage. Learn how companies from the U.S. and Canada are tackling the issue and what you can do today to start managing it within your own company.
Panelists: Pat Collins, Director, Product Marketing, Link-Belt Cranes
Ryan Long, Regional Operations Manager, Irving Equipment Limited
Bob Picken,Vice President Global Risk Management, Sterling Crane
Victoria O’Neil, Health & Safety Coordinator, Matcom
Breakout Session: Navigating the Haze of Legalized Marijuana in the Construction Industry
With 17 states having legalized marijuana, companies are left to figure out how to address the legal and practical aspects of marijuana usage. Learn how companies from the U.S. and Canada are tackling the issue and what you can do today to start managing it within your own company.
Panelists: Pat Collins, Director, Product Marketing, Link-Belt Cranes
Ryan Long, Regional Operations Manager, Irving Equipment Limited
Bob Picken,Vice President Global Risk Management, Sterling Crane
Victoria O’Neil, Health & Safety Coordinator, Matcom
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
3. Let’s start with Contract Risk Transfer
• Contractual Risk Transfer. Contractual risk
transfer is a non-insurance contract/agreement
between two parties whereby one agrees to
indemnify and hold another party harmless for
specified actions, inactions, injuries or damages.
• transfer of risk. A risk management technique
whereby risk of loss is transferred to another
party through a contract (e.g., a hold harmless
clause) or to a professional risk bearer (i.e., an
insurance company).
4. WHO IS IRMI ?
• International Risk Management Institute
• IRMI offers you Secure Expertise because our
staff of research analysts have over 150 years
of combined experience and education in
insurance and risk management. IRMI's
research team is comprised of attorneys,
former underwriters, risk managers, agents
and brokers, professors and other industry
professionals.
5. What does IRMI Say?
• Contractual Risk Transfer
• Summary
• Any contracting party needs this IRMI best-seller within arm's reach.
• Contractual Risk Transfer is a one-of-a-kind resource to help you draft rock solid
risk transfer and insurance clauses for construction contracts, leases, purchase
orders, rental agreements, oil and gas drilling and production contracts, and many
other contractual agreements.
• It empowers contract drafters with model clauses using up-to-date insurance
terminology rather than the ambiguous and archaic language so often seen in
agreements copied from work done many years ago. Discussions and summaries
of state statutes affecting contractual indemnity help you ensure that hold
harmless clauses will be enforceable.
• Contractual Risk Transfer also provides detailed discussions and advice with
respect to using or requiring an additional insured endorsement, waiver of
subrogation, contractual liability coverage, cross-liability coverage provision,
mortgagee or loss payee clause, owners and contractors protective liability
insurance, and other types of insurance to cover contractually assumed risks.
6. What do they teach?
• Upper tier contractors seek to avoid the financial costs
that can arise out of bodily injury or property damage
to a third party caused by a lower tier (subcontractor)
for which they (the upper tier) could be held
vicariously liable. Further, when allowed by statute,
and sometimes even when not allowed, upper tier
contractors attempt to avoid the financial
consequences arising out of injury or damage for which
they and the lower tier contractor are jointly liable. In
extreme cases upper tier contractors may even
contractually endeavor to relieve themselves of
financial responsibility for liability arising from their
sole negligence
7. What is meant by Liability?
• Vicarious Liability
• Vicarious liability is created when one person or entity is or can be held
legally liable for the results of another person’s or entity’s actions. Such
indirect liability (also called imputed negligence) can arise out of a
relationship (parent/child, employer/employee, etc.), position or contract.
To be held vicariously liable, a person or entity must have the right, ability
or duty to control the actions of the directly liable party. Without the
opportunity or responsibility to control another’s actions, there can be no
vicarious liability.
• Owners and general contractors (the upper tier) hold a position with a
certain amount of control over and responsibility for the actions of lower
tier contractors. This control leaves them vulnerable to being held
vicariously liable for the actions of lower-level entities. Every state allows
vicarious liability to be transferred back to the at-fault lower tier
contractor (known as limited transfer).
8. What is meant by Liability?
• Joint Liability
• Joint liability, as the name suggests, is injury or
damage caused by or attributable to both the
upper tier and lower tier contractor. The term
does not consider the “percentage” of fault
assignable to each party, only that the actions of
both parties resulted in the injury or damage.
Approximately 19 states allow the upper tier
contractor to contractually transfer joint
negligence back to the jointly-liable lower tier
contractor (known as intermediate transfer).
9. What is meant by Liability?
• Sole Negligence
• Sole negligence and liability exists when only the
upper tier is found to be negligent and legally
liable for the injury or damage. In sole negligence
situations, there is no assignable negligence or
legal liability to the lower tier contractor. Only 10
states allow the contractual transfer of sole
negligence from the upper tier to the lower tier
(known as broad transfer). However, there are
strict guidelines for such transfer in the states
that allow this level.
10. What are they asking for ?
• Accomplishing Financial Risk Transfer
• Upper tier contractors have access to and utilize several
“tools” to accomplish the financial risk transfer they desire.
Insurance professionals see these attempts and requests
daily; so much so that it is likely the intricacies of each tool
are not carefully considered. The four most commonly
requested financial risk transfer “tools” are:
• 1st leg- Contractual risk transfer (indemnity agreements);
• 2nd leg- Additional insured status for the upper tier;
• 3rd leg- Waiver of subrogation endorsement requests; and
• “Primary and noncontributory” requirements related to
additional insured status.
12. When I Waive what am I Waiving ?
• Contractual waiver of subrogation is the third
“leg” of the contractual risk transfer stool.
Construction contracts nearly always require the
lower tier to waive its right of recovery against
the upper tier contractor. An insurance carrier’s
subrogation rights flow from the right of the
harmed party to be made whole by the party
responsible for the injury or damage. If the right
of the lower tier contractor to recover from the
upper tier contractor has been contractually
waived, then the insurance carrier has no right to
recover from the upper tier contractor.
13. When I agree to Additional Insured?
• Additional Insured Status
• Beyond the contractual risk transfer provisions found in
construction contracts, the lower-tier subcontractor is
nearly always required to endorse the upper tier contractor
onto its CGL as an “additional insured.”
• Because the upper tier is an additional insured protected as
an additional insured by the named insured’s (lower tier
contractor’s) insurance coverage for any claim “arising out
of” by the named insured, the insurance carrier cannot
seek recovery from the upper tier. As an insured, the upper
tier’s policy will not be asked to contribute to the loss or
even respond in subrogation.
14. CG 20 10 10 01, 07 04, 04 13
• The 2007, “in whole or in part” wording protects
the additional insured against its vicarious liability
for the actions of the named insured, plus joint
liability when both the named insured and
additional insured are legally liable for the injury
or damage. However, the 2013 version of the
construction-related additional insured
endorsements limits the breadth of protection
extended to the additional insured to the level
allowed by the subject state’s anti-
indemnification statutes.
16. We know it’s difficult to change a
contract or you lose the work ?
• Just know what you give away when you didn’t do
anything wrong
• Subrogation rights flow from the injured party’s right to
recover from the at-fault party. If the contract requires
the waiver of subrogation rights the insurance carrier
cannot subrogate against the upper tier anyway.
• By attaching the waiver of subrogation endorsement in
favor of the upper tier, the insurance carrier, for the
third time (because of additional insured status), is
blocked from seeking recovery from the upper tier
contractor for its actions in causing injury or damage.
17. What is Primary and Noncontributory
• “Primary and noncontributory” is an “inclusive” contractual
requirement that can be met only if the protection
extended to the upper tier contractor is provided on both a
primary basis and a noncontributory basis. Analyzed in the
context of a construction contract, the supposed goal of the
“primary and noncontributory” requirement is the
protection of the upper tier contractor’s financial resources
from the effects of the lower tier’s individual or joint
negligence in causing injury or damage to a third party.
• Theoretically, the “primary and noncontributory”
requirement applies to only the protection extended to the
upper tier as an additional insured
18. WHY did we just go over all that?
• You all are not subcontractors but are treated like you are,
therefore you have to sign contracts with all this legal binding
language.
• Question and challenge the wording…
• When you give it your best shot and you miss, it's not seen
as a failure. Instead, it's just another opportunity to step up
to the plate and do it even better next time.
• Educate them on the fact that you are not a sub leaving work
product behind. YOU ARE A SERVICE COMPANY and you leave
nothing behind and your only exposure is on-going operations
not completed operations
19. WHY did we just go over all that?
• With a Bottom Up Industry Collective Push collectively you all can
make a difference.
• They need cranes to build the project
• Work towards:
– Indemnity that is fair to all
– AI only when required and change the CG 20 10 to the most current
version 20 10 04 13
– Push back on Waivers
– Push back on Primary Non-contributory
Or go back to this
20. Bottom Up Approach
• With a Bottom Up Industry Collective Push the same protections
and principles can apply.
• If you are getting something signed for the work you perform:
GET THE RIGHT THING SIGNED!!!!
• DON’T GO THROUGH THE PAIN OF HAVING IT SIGNED AND HAVE
NO PROTECTIONS IN A CLAIM (explain Florida claim)
• You need the same T’s and C’s as they pushing south only you now
push them north.
21. Bottom Up Approach
• You need a partner that understands your
work environment and also understands the
claim process and the tools to effectively play
the game of CLAIM CHESS!
• Many lawyers that draft job tickets still miss
important clauses based on your business
• One of them is the B30 (explain)
22. What should be There?
• Indemnity per state statute (don’t lose it)
• AI to trigger a blanket if one exist with broad
20 10 (explain south to north)
• Operations of Equipment, Borrowed Servant,
B30 newest version
• Duration of Project not just day signed
• Authorized Signature attestation
• Signed before work commences
23. Where am I and My Company?
• This country is litigation driven (The new Lottery)
• You need a partner that understands your business and how to
protect it as well as you having the tools and knowledge
• Most Insurance companies hand off the claim to a TPA that doesn’t
have your best interest at heart and is there to settle fast and more
importantly, does not understand B30 and contracted risk transfer
or your business practices
• NBIS works hard for the Association and it’s members to provide
education and insurance coverage, claims handling with all the tools
you give us (bullets) and additional risk services such as Contract
management, Driver Training, Safety and Health training, Risk Kit,
Driver behavior monitoring with ELD support, Driver alert warnings
and a dash camera program
• Make sure you have the right partner to protect your business and
every now and then sh@# can flow uphill
24. In the USA we are not under this kind
of pressure to sign a contract ?
Why do we just sign away?
25. Most people in this industry will sing
anything …Don’t be like most people?
26. Bottom Up Risk Transfer
Bill Smith
EVP Claims And Risk Management
Tyrone Silva
Risk Manager/Contract Management
Questions ?
Thank You !