A small chocolatier was forced to redesign its logo after luxury brand Chanel claimed trademark infringement of its perfume 'Chanel No. 5'. Chanel disputed the use of 'No. 5' in the chocolatier's logo and demanded changes. The chocolatier spent thousands changing its branding to avoid a legal battle. Large companies often protect their trademarks aggressively and small businesses have been forced to change logos and names that potentially infringe on trademarks. Proper trademark registration and checks can prevent costly issues down the line.
This document provides an overview of a presentation on Directors and Officers Liability Insurance. It discusses the responsibilities and duties of directors and officers, how corporate indemnification works, key aspects of D&O insurance policies like coverage, exclusions, and limits. It also provides examples of common D&O claims like misrepresentation suits and wrongful termination claims. Finally, it addresses insurance considerations for start-ups and early stage companies.
Directors and officers liability insurance policiesOptimuminsurance
(http://optimuminsurance.com.au/ProductsServices/ProfessionalRisksInsurance/DirectorsOfficersLiabilityInsurance.aspx) - Directors and Officers Liability Insurance provides protection for the personal assets of directors and officers by providing indemnity for loss arising from a claim as a result of a 'wrongful act' committed by them in the course of conducting their business.
Not Apart of the Club Consumer Crossing Over Marketing Niche BoundariesRudy Diaz
This document is a thesis written by Rudy Diaz at the University of Denver in 2014 exploring how consumers occupy nightlife spaces in the Denver area and the implications for marketing niches. Through observations and interviews, Diaz discovered that heterosexual women often chose to socialize in gay bars to avoid misogyny in straight bars, and gay men sometimes chose straight bars to avoid unwanted attention. Both groups used these spaces as a refuge from their typical environments. Diaz also found that some heterosexual men would follow women to gay bars. The research suggests masculinity is expressed across a spectrum and influences experiences in nightlife spaces.
El documento habla sobre los delitos relacionados con la propiedad intelectual y los derechos afines en Internet. Explica que Internet proporciona acceso a grandes cantidades de información pero también se usa para cometer delitos cibernéticos como el hackeo, el fraude tecnológico y la pornografía infantil. Además, señala que la clasificación jurídica del software es difícil debido a que no es una obra monolítica sino que tiene varios elementos protegidos de diferentes formas.
Un delito informático es cualquier acción ilegal y culpable que se lleva a cabo a través de medios informáticos o que tiene como objetivo dañar computadoras, medios electrónicos y redes de Internet. Debido a que la tecnología avanza más rápido que la legislación, existen conductas criminales en línea que no se consideran delitos según la teoría del delito. El Convenio sobre Ciberdelincuencia del Consejo de Europa clasifica los delitos en cuatro categorías: contra la confidencialidad, integridad y disponibilidad
This case study describes a 22-year-old female patient presenting with celiac disease. She has a 10-pound unexplained weight loss over the past 6 months and complaints of diarrhea, abdominal distention, and joint pain. Bloodwork confirmed positive for celiac disease antibodies. A small intestinal biopsy showed damage to the intestinal mucosa. The patient was placed on a gluten-free diet and nutrition counseling was recommended to address her malnutrition and weight loss related to malabsorption from celiac disease.
FarmVilla aims to enhance organic farming by motivating farmers, providing training and information, and facilitating direct sales from farmers to corporate clients. FarmVilla registers interested farmers for free and buys their organic crops, selling them through an online portal to develop business-to-business relationships in the agriculture sector. This cuts out mediators and allows farmers to earn more while providing customers with reasonably priced, high quality organic products directly from the source.
This document provides an overview of a presentation on Directors and Officers Liability Insurance. It discusses the responsibilities and duties of directors and officers, how corporate indemnification works, key aspects of D&O insurance policies like coverage, exclusions, and limits. It also provides examples of common D&O claims like misrepresentation suits and wrongful termination claims. Finally, it addresses insurance considerations for start-ups and early stage companies.
Directors and officers liability insurance policiesOptimuminsurance
(http://optimuminsurance.com.au/ProductsServices/ProfessionalRisksInsurance/DirectorsOfficersLiabilityInsurance.aspx) - Directors and Officers Liability Insurance provides protection for the personal assets of directors and officers by providing indemnity for loss arising from a claim as a result of a 'wrongful act' committed by them in the course of conducting their business.
Not Apart of the Club Consumer Crossing Over Marketing Niche BoundariesRudy Diaz
This document is a thesis written by Rudy Diaz at the University of Denver in 2014 exploring how consumers occupy nightlife spaces in the Denver area and the implications for marketing niches. Through observations and interviews, Diaz discovered that heterosexual women often chose to socialize in gay bars to avoid misogyny in straight bars, and gay men sometimes chose straight bars to avoid unwanted attention. Both groups used these spaces as a refuge from their typical environments. Diaz also found that some heterosexual men would follow women to gay bars. The research suggests masculinity is expressed across a spectrum and influences experiences in nightlife spaces.
El documento habla sobre los delitos relacionados con la propiedad intelectual y los derechos afines en Internet. Explica que Internet proporciona acceso a grandes cantidades de información pero también se usa para cometer delitos cibernéticos como el hackeo, el fraude tecnológico y la pornografía infantil. Además, señala que la clasificación jurídica del software es difícil debido a que no es una obra monolítica sino que tiene varios elementos protegidos de diferentes formas.
Un delito informático es cualquier acción ilegal y culpable que se lleva a cabo a través de medios informáticos o que tiene como objetivo dañar computadoras, medios electrónicos y redes de Internet. Debido a que la tecnología avanza más rápido que la legislación, existen conductas criminales en línea que no se consideran delitos según la teoría del delito. El Convenio sobre Ciberdelincuencia del Consejo de Europa clasifica los delitos en cuatro categorías: contra la confidencialidad, integridad y disponibilidad
This case study describes a 22-year-old female patient presenting with celiac disease. She has a 10-pound unexplained weight loss over the past 6 months and complaints of diarrhea, abdominal distention, and joint pain. Bloodwork confirmed positive for celiac disease antibodies. A small intestinal biopsy showed damage to the intestinal mucosa. The patient was placed on a gluten-free diet and nutrition counseling was recommended to address her malnutrition and weight loss related to malabsorption from celiac disease.
FarmVilla aims to enhance organic farming by motivating farmers, providing training and information, and facilitating direct sales from farmers to corporate clients. FarmVilla registers interested farmers for free and buys their organic crops, selling them through an online portal to develop business-to-business relationships in the agriculture sector. This cuts out mediators and allows farmers to earn more while providing customers with reasonably priced, high quality organic products directly from the source.
This document contains a summary of an individual's qualifications and experience. It includes over 20 years of experience in auditing, controlling, quality management, and financial analysis in both public and private sector institutions in Poland. The individual has extensive postgraduate education, including studies in internal audit, public accounting, EU funds, economics, and information technology. Areas of expertise include audit, quality systems, financial analysis, budgeting, accounting, and legal and public procurement regulations.
El documento describe la Comisión Nacional de los Derechos Humanos en México. Explica que la CNDH surgió en la mitad del siglo XX para proteger y defender los derechos humanos de todos los mexicanos. Detalla algunos derechos humanos relacionados con el acceso a la información como la libertad de expresión, el derecho a la información y la libertad de prensa. También cubre cómo la CNDH ofrece plataformas y aplicaciones para presentar quejas sobre violaciones a los derechos humanos y solicitar información del gobi
Este documento discute la diferencia entre contratos electrónicos y contratos informáticos, con los primeros referidos al medio utilizado para realizar el contrato (electrónico) y los segundos referidos a bienes o servicios informáticos. También explica que los contratos informáticos a menudo son contratos de adhesión donde una parte fija las cláusulas y la otra se adhiere a ellas, y que las cláusulas abusivas en contratación electrónica incluyen protección de datos y condiciones de la contratación. Además,
Este documento presenta una línea de tiempo del trabajo decente como derecho humano en Argentina. Comienza describiendo el trabajo esclavo y de encomienda durante la época colonial entre los siglos XVI y XVIII. Luego analiza las condiciones laborales de los obreros en el siglo XIX y la lucha por los derechos laborales hasta la sanción de la Constitución de 1949 y la incorporación del artículo 14 bis. Finalmente, revisa reformas laborales posteriores hasta la actualidad. El objetivo es mostrar la evolución histórica de la relación lab
Check out what we believe to be the Top 20 Fashion Logos around the world, from Luxury fashion all the way to streetwear. You may already assume which ones are on there; perhaps Louis Vuitton for Luxury, Supreme for streetwear and Forever21 for fast fashion.
PROTECCIÓN JURÍDICA DEL SOFTWARE Y LA CONTROVERSIA DOCTRINAL SOBRE SU PERTENE...Vanessa Geovanna
Hoy en día con el crecimiento del uso de la informatica en nuestro país, y la proliferación de Cabinas de internet, no solamente nos han traído avances tecnológicos sino también otros problemas, entre uno de ellos es la "piratería de software".
Delitos relacionados con infracciones de la propiedad intelectual y derechos ...Ana Claudia Ballón Zela
El documento define el delito informático como cualquier comportamiento criminal en el que la computadora está involucrada como objeto, material o símbolo, según la ley penal peruana. Explica que los delitos informáticos incluyen estafa, daños y falsedad documental, así como infracciones a la propiedad intelectual. Finalmente, recomienda no borrar ni modificar información relacionada a un delito y denunciarlo inmediatamente a la policía para proteger las pruebas.
Personal Goal Setting session is important for every new member in AIESEC UGM. It helps members to reflect about their values and personalities, also write down the goals that they want to achieve.
Three D Metals is a 160,000 square foot metal distributor located in Valley City, OH that stocks copper coil and bar, aluminum coil and bar, high carbon spring steel, low carbon steel, brass, and stainless steel. They have long-lasting partnerships with automotive, appliance, construction, and electrical industries. They offer fast turnaround, flexible minimums, and delivery across North America to reduce customers' inventory and space needs. Their products include high quality slit copper, cold rolled high carbon spring steel slit in oscillating coils, and copper and aluminum bus bar for transformers and switchgear.
This document provides information on Williams Metals and Welding Alloys, Inc., a distributor of welding filler metals and non-ferrous metals. It operates multiple sales offices and warehouses across the United States that supply products including copper, brass, bronze, aluminum, and a full line of welding consumables in various alloy compositions. The company serves industries such as construction, power generation, mining, automotive, and others. Product information sheets are included that provide chemical compositions and properties of various filler metals.
Clear a Way for Santa | Tips from The Grounds GuysDGCommunications
December is touted as the most wonderful time of the year as it’s filled with holiday greetings and happy meetings when friends and family get together. Driveways and sidewalks buried in snow and ice can get in the way of holiday cheer if your guests get their car stuck in the snow or slip on icy paths! The Grounds Guys® offers professional snow and ice management services, and we’ve shared some seasonal tips to help home and business owners consider the skills, equipment and products needed, if they have choose to do it themselves. Find your neighborhood snow and ice management experts by visiting us at GroundsGuys.com!
Business Risks discussed: #1 Claim/Problem, Telecommuting, Signage, Age of Connectivity, OSHA Visit, IT Firm Insurance, Power Failure: Spoilage, Business Auto Policies
A major storm damages a business, inhibiting operations for weeks. The document provides guidance on navigating the insurance claims process, including important "dos and don'ts". It advises policyholders to take reasonable steps to protect property, notify their insurer, and establish a claim management team. However, policyholders should not rely solely on insurers' adjusters and estimates, but rather hire their own experts to fully evaluate the loss and prepare the claim. The claims process involves both cooperation and adversity between the policyholder and insurer, so policyholders must be knowledgeable and proactive to achieve a fair settlement.
This document is a special issue of Adjusting Today that provides answers to frequently asked questions about business income insurance. It contains answers to 6 questions on topics such as adjusting retail claims, handling claims when a business is losing money, insuring new subsidiaries, protecting against supplier or customer disruptions, anticipating proper insurance limits during inflation, and ensuring adequate civil authority coverage. The goal is to further educate on this complex but important type of insurance coverage.
Business interruption insurance provides coverage for financial losses businesses incur due to indirect or consequential losses from events that cause business interruptions, even if there is only minor direct property damage. It has become especially important with modern automated businesses that are vulnerable to interruptions. Coverage includes lost business income and extra expenses to avoid downtime, such as temporary locations. Claims made policies require claims be reported during the policy period, so renewals require caution to avoid lapses in coverage. Workers' compensation generally does not cover independent contractors, but their injuries may be covered under the client's policy if the contractor has no insurance. The terrorism risk insurance program provides federal backing for terrorism coverage purchased by policyholders.
Business interruption insurance provides coverage for financial losses businesses incur due to indirect or consequential losses from events that cause operational disruptions, even if there is no direct physical damage to property. It has two main components - business income coverage, which covers lost profits and operating expenses, and extra expense coverage, which covers additional costs like temporary locations that allow businesses to continue operating. Claims made policies, unlike occurrence policies, only provide coverage if a claim is first made and reported during the active policy period. Renewing claims made policies requires caution to avoid coverage gaps. Workers compensation rules aim to universally cover employee injuries but challenges arise with independent contractors who are not legally considered employees.
This document discusses insurance coverage for claims arising from the Madoff investment scandal. It notes that many businesses and their directors and officers may receive claims for investor losses related to investments with Bernard Madoff. It recommends that any business with dealings connected to Madoff promptly review applicable insurance policies like directors and officers liability and errors and omissions policies to understand coverage. It also provides examples of claims that may be covered, such as those against directors and officers, hedge funds that invested clients' money with Madoff, and accounting firms that audited feeder funds. It advises businesses to submit insurance claims promptly, be aware of reporting deadlines, and notify insurers of any claims or potential claims.
A detailed guide to UK contractor insuranceScott Moreton
This is a detailed guide to the differnt tyoes of insurance that you may need as a UK contractor or freelancer. The guide goes into great depth and clearly explains the reasons for protecting your business.
This is a detailed guide to the different types of insurance that you may need as a UK contractor or freelancer. The guide goes into great depth and clearly explains the reasons for protecting your business.
This document contains a summary of an individual's qualifications and experience. It includes over 20 years of experience in auditing, controlling, quality management, and financial analysis in both public and private sector institutions in Poland. The individual has extensive postgraduate education, including studies in internal audit, public accounting, EU funds, economics, and information technology. Areas of expertise include audit, quality systems, financial analysis, budgeting, accounting, and legal and public procurement regulations.
El documento describe la Comisión Nacional de los Derechos Humanos en México. Explica que la CNDH surgió en la mitad del siglo XX para proteger y defender los derechos humanos de todos los mexicanos. Detalla algunos derechos humanos relacionados con el acceso a la información como la libertad de expresión, el derecho a la información y la libertad de prensa. También cubre cómo la CNDH ofrece plataformas y aplicaciones para presentar quejas sobre violaciones a los derechos humanos y solicitar información del gobi
Este documento discute la diferencia entre contratos electrónicos y contratos informáticos, con los primeros referidos al medio utilizado para realizar el contrato (electrónico) y los segundos referidos a bienes o servicios informáticos. También explica que los contratos informáticos a menudo son contratos de adhesión donde una parte fija las cláusulas y la otra se adhiere a ellas, y que las cláusulas abusivas en contratación electrónica incluyen protección de datos y condiciones de la contratación. Además,
Este documento presenta una línea de tiempo del trabajo decente como derecho humano en Argentina. Comienza describiendo el trabajo esclavo y de encomienda durante la época colonial entre los siglos XVI y XVIII. Luego analiza las condiciones laborales de los obreros en el siglo XIX y la lucha por los derechos laborales hasta la sanción de la Constitución de 1949 y la incorporación del artículo 14 bis. Finalmente, revisa reformas laborales posteriores hasta la actualidad. El objetivo es mostrar la evolución histórica de la relación lab
Check out what we believe to be the Top 20 Fashion Logos around the world, from Luxury fashion all the way to streetwear. You may already assume which ones are on there; perhaps Louis Vuitton for Luxury, Supreme for streetwear and Forever21 for fast fashion.
PROTECCIÓN JURÍDICA DEL SOFTWARE Y LA CONTROVERSIA DOCTRINAL SOBRE SU PERTENE...Vanessa Geovanna
Hoy en día con el crecimiento del uso de la informatica en nuestro país, y la proliferación de Cabinas de internet, no solamente nos han traído avances tecnológicos sino también otros problemas, entre uno de ellos es la "piratería de software".
Delitos relacionados con infracciones de la propiedad intelectual y derechos ...Ana Claudia Ballón Zela
El documento define el delito informático como cualquier comportamiento criminal en el que la computadora está involucrada como objeto, material o símbolo, según la ley penal peruana. Explica que los delitos informáticos incluyen estafa, daños y falsedad documental, así como infracciones a la propiedad intelectual. Finalmente, recomienda no borrar ni modificar información relacionada a un delito y denunciarlo inmediatamente a la policía para proteger las pruebas.
Personal Goal Setting session is important for every new member in AIESEC UGM. It helps members to reflect about their values and personalities, also write down the goals that they want to achieve.
Three D Metals is a 160,000 square foot metal distributor located in Valley City, OH that stocks copper coil and bar, aluminum coil and bar, high carbon spring steel, low carbon steel, brass, and stainless steel. They have long-lasting partnerships with automotive, appliance, construction, and electrical industries. They offer fast turnaround, flexible minimums, and delivery across North America to reduce customers' inventory and space needs. Their products include high quality slit copper, cold rolled high carbon spring steel slit in oscillating coils, and copper and aluminum bus bar for transformers and switchgear.
This document provides information on Williams Metals and Welding Alloys, Inc., a distributor of welding filler metals and non-ferrous metals. It operates multiple sales offices and warehouses across the United States that supply products including copper, brass, bronze, aluminum, and a full line of welding consumables in various alloy compositions. The company serves industries such as construction, power generation, mining, automotive, and others. Product information sheets are included that provide chemical compositions and properties of various filler metals.
Clear a Way for Santa | Tips from The Grounds GuysDGCommunications
December is touted as the most wonderful time of the year as it’s filled with holiday greetings and happy meetings when friends and family get together. Driveways and sidewalks buried in snow and ice can get in the way of holiday cheer if your guests get their car stuck in the snow or slip on icy paths! The Grounds Guys® offers professional snow and ice management services, and we’ve shared some seasonal tips to help home and business owners consider the skills, equipment and products needed, if they have choose to do it themselves. Find your neighborhood snow and ice management experts by visiting us at GroundsGuys.com!
Business Risks discussed: #1 Claim/Problem, Telecommuting, Signage, Age of Connectivity, OSHA Visit, IT Firm Insurance, Power Failure: Spoilage, Business Auto Policies
A major storm damages a business, inhibiting operations for weeks. The document provides guidance on navigating the insurance claims process, including important "dos and don'ts". It advises policyholders to take reasonable steps to protect property, notify their insurer, and establish a claim management team. However, policyholders should not rely solely on insurers' adjusters and estimates, but rather hire their own experts to fully evaluate the loss and prepare the claim. The claims process involves both cooperation and adversity between the policyholder and insurer, so policyholders must be knowledgeable and proactive to achieve a fair settlement.
This document is a special issue of Adjusting Today that provides answers to frequently asked questions about business income insurance. It contains answers to 6 questions on topics such as adjusting retail claims, handling claims when a business is losing money, insuring new subsidiaries, protecting against supplier or customer disruptions, anticipating proper insurance limits during inflation, and ensuring adequate civil authority coverage. The goal is to further educate on this complex but important type of insurance coverage.
Business interruption insurance provides coverage for financial losses businesses incur due to indirect or consequential losses from events that cause business interruptions, even if there is only minor direct property damage. It has become especially important with modern automated businesses that are vulnerable to interruptions. Coverage includes lost business income and extra expenses to avoid downtime, such as temporary locations. Claims made policies require claims be reported during the policy period, so renewals require caution to avoid lapses in coverage. Workers' compensation generally does not cover independent contractors, but their injuries may be covered under the client's policy if the contractor has no insurance. The terrorism risk insurance program provides federal backing for terrorism coverage purchased by policyholders.
Business interruption insurance provides coverage for financial losses businesses incur due to indirect or consequential losses from events that cause operational disruptions, even if there is no direct physical damage to property. It has two main components - business income coverage, which covers lost profits and operating expenses, and extra expense coverage, which covers additional costs like temporary locations that allow businesses to continue operating. Claims made policies, unlike occurrence policies, only provide coverage if a claim is first made and reported during the active policy period. Renewing claims made policies requires caution to avoid coverage gaps. Workers compensation rules aim to universally cover employee injuries but challenges arise with independent contractors who are not legally considered employees.
This document discusses insurance coverage for claims arising from the Madoff investment scandal. It notes that many businesses and their directors and officers may receive claims for investor losses related to investments with Bernard Madoff. It recommends that any business with dealings connected to Madoff promptly review applicable insurance policies like directors and officers liability and errors and omissions policies to understand coverage. It also provides examples of claims that may be covered, such as those against directors and officers, hedge funds that invested clients' money with Madoff, and accounting firms that audited feeder funds. It advises businesses to submit insurance claims promptly, be aware of reporting deadlines, and notify insurers of any claims or potential claims.
A detailed guide to UK contractor insuranceScott Moreton
This is a detailed guide to the differnt tyoes of insurance that you may need as a UK contractor or freelancer. The guide goes into great depth and clearly explains the reasons for protecting your business.
This is a detailed guide to the different types of insurance that you may need as a UK contractor or freelancer. The guide goes into great depth and clearly explains the reasons for protecting your business.
Commercial general liability (CGL) insurance operates as a crucial line of defense for businesses, safeguarding them from financial loss that could occur due to property damage, personal injury, and advertising injury for which their services, operations, or employees may be responsible.
Professional Indemnity Insurance Ultimate Guideakimalvora
This document provides an overview and guide to professional indemnity insurance. It explains that professional indemnity insurance protects businesses from legal claims made by clients for negligence or inadequate professional services that cause financial loss. It recommends that many professions consider this insurance due to the risk of claims. The document outlines what professional indemnity insurance covers, factors to consider in determining coverage amounts, and key policy terms and conditions. It also provides examples of common professional indemnity claims and guidance on handling claims.
The document is a newsletter from the law firm Tharpe & Howell summarizing recent business law developments. It discusses several court cases related to personal guarantees, maintaining corporate separateness, employer liability for cyberbullying, and tenant waivers. It also provides information on new personal guarantee insurance, the proposed Cybersecurity Act of 2012, and vicarious liability when a special relationship exists.
20130524 Ltr to Ins re Ntc of Claim v2Tom Campbell
The letter is from an attorney to an insurance agent regarding a claim against a pest control company. It details serious damage from powder post beetles that was missed in an inspection report. The attorney asserts there are liability issues for both the pest control company and potentially the insurance agent if proper insurance coverage was not obtained. The attorney threatens to file a lawsuit seeking damages for the faulty inspection report.
This document provides information on proper insurance coverage for fitness studios, including the big four general liability coverages of commercial liability, professional liability, abuse or molestation, and medical payments. It also discusses commercial property coverage, workers compensation requirements, limits for various policies, ways to save money on insurance, and tips for growing a business. Key exposures for fitness studios include slip and fall accidents, injuries from improper equipment use, and claims of sexual misconduct. Maintaining safe practices and reviewing coverage needs annually can help reduce insurance costs.
This document discusses the importance of Directors & Officers (D&O) liability insurance and Employment Practices Liability Insurance (EPLI) for businesses. Both public and private companies face risks of lawsuits from employees, customers, competitors, shareholders, and government entities related to how the company is managed or employment-related issues. Statistics show that the costs of defending even unfounded claims can be in the hundreds of thousands of dollars. Partnering with an insurance broker that specializes in executive protection can help businesses understand these risks and obtain appropriately tailored and competitively priced coverage.
8 Tips for Avoiding Insolvency Land MinesJames Baer
This document provides 8 tips for avoiding insolvency issues:
1. Budget for future payables such as payroll, taxes, and retirement to avoid personal liability issues.
2. Consider obligations like severance, vacation pay, and insurance which could damage reputation if unpaid.
3. Conduct thorough analysis of funds to cover projected costs and ensure management accurately portrays financial obligations.
It then discusses each tip in more detail, focusing on issues like personal guarantees, priority of payments, regulatory compliance, litigation risks, record keeping, and realistically assessing time remaining.
This document discusses various types of business interruption coverage and provides case studies related to specific insurance claims. It describes common types of business interruption coverage including net profit/loss, business income, extra expense, contingent business interruption, and civil authority coverage. It then examines considerations related to policy language, jurisdiction, and definitions of business interruption. The rest of the document analyzes manufacturing and hospitality industry case studies related to issues like contingent business income, stacked recovery limits, ownership of dependent properties, and market conditions.
The document provides information to homeowners affected by the 2007 California wildfires on legal issues related to underinsurance claims. It discusses determining if a homeowner is underinsured, strategies for negotiating claims, documenting the scope of loss, obtaining independent estimates, and pursuing legal remedies if an insurance company refuses to fully cover costs. Key steps include calculating total losses, reviewing coverage limits, consulting an attorney, and filing a complaint with the Department of Insurance if necessary.
HUB's supplement guide explains how a business interruption policy covers your lost income during a disaster and how it fits with your overall business insurance solutions.
Learn more at: https://www.hubinternational.com/products/business-insurance/business-interruption-insurance/
1. Spring. 15
Trademark Infringed
branding of the business in order to avoid
a legal battle with the luxury retailer.
Amidst the many challenges entrepreneurs
face when starting a business, it is not
hard to see how many overlook the need
to register their business name and
branding as trademarks. However, they
can pay a high price for the oversight.
To ensure a new business has the best
chance of success, entrepreneurs must
be aware of what is involved. As a
starting point, they need to consider
which business structure best suits
their needs, apply for their Australian
Business Number, check that their chosen
business name is available and register
their business name and branding
as trademarks, preferably before the
business commences trading to ensure
interests of the enterprise are covered.
Large companies are often vigorous in
protecting their trademarks and intellectual
AN EXPENSIVE OVERSIGHT
A small chocolatier based outside
of Adelaide, Chocolate @ No. 5, has
been forced to redesign its logo after
multinational fashion giant Chanel
claimed a trademark infringement
of its perfume, Chanel No. 5.
Chanel disputed the use of 'No. 5'
in the chocolatier's logo when the
chocolatier recently applied for a
trademark registration. The chocolatier
maintains that the number five in the
logo refers to the number of its street
address and is not used because of
any potential connection to Chanel.
Chanel's lawyers sent the chocolatier
a 'cease and desist' letter demanding
that the chocolatier withdraw its
registration, ditch its logo and to rename
the business if it was to move from its
current address. The chocolatier has since
spent thousands of dollars changing the
property and Chocolate @ No. 5 is not
the only one to pay the price. There have
been many instances of small companies
being forced to relinquish their logos,
business names and web domain names
on the basis that they potentially infringe
a large company's trademark rights.
While it takes forethought and planning
to address these risks from the beginning,
the eventual payout is sweet.
INSIDETHIS EDITION
News about issues that affect your business
NEW RATING SYSTEM
LAUNCHED
Following the ‘Black Saturday’ and ‘Blue
Mountains’ bushfires in recent years, the
Australian Government in conjunction
with local councils and fire services, has
amended the requirements set out in
Australian Standard 3959 – Construction
of Buildings in Bushfire Prone Areas.
Bushfire Risk to Domestic Property
A Bushfire Attack Level (commonly known
as BAL) Rating has now been applied
to all domestic buildings located within
100 metres of bushland vegetation.
The BAL Ratings that have been
assigned (from lowest to highest) are:
1. BAL – LOW
2. BAL – 12.5
3. BAL – 19
4. BAL – 29
5. BAL – 40
6. BAL – FZ (Flame Zone)
These ratings are based on factors such as
the region where you live, the vegetation
type around your property, the distance
from your home to individual vegetation
types, and the slope of the property.
Continued next page p
TM
Trademark arguments can be expensive
Fire risk ratings apply in bushfire prone areas
Be fair when firing … or watch out!
Work experience work has liability risks
Strange cases in the claims department
High risk with sub-standard products
2. Employee Separation
less painful to all concerned but often
has a very poor outcome as happened
in a recent Federal Court case.
The employer had sought to argue to the
court that their principal motivation for
making the employee redundant was
financial, in that the Division in which the
employee worked was running at a loss.
It was claimed that they needed to make
the employee redundant to cut costs.
Previously, the employee had had an
‘impressive’ career, but there had been
some tension between the employee
and their supervisor. A number of
written complaints, including two
accusations of bullying, had been
made by the employee about the
supervisor’s management practices.
Unfortunately for the employer, there
was some evidence of animosity and
MADE REDUNDANT OR FIRED?
When contemplating firing an employee,
proper process must be followed
otherwise there is the real risk of the
employer facing an unfair dismissal claim.
To avoid the risk, some employers
use ‘redundancy’ as an alternative to
firing. It’s quicker, sounds nicer and is
information was found on the supervisor’s
computer confirming that he had
already begun making preparations
for the redundancy of the employee.
The Federal Court found the employer
had breached the Fair Work Act, fined
them $37,000 and ordered them to
reinstate the employee. The Court’s
conclusion was the employee had
unfairly been made redundant…”at least
partly because they had been prepared
to exercise their workplace rights by
making complaints about the behaviour
of their immediate supervisor”.
In a final observation, the Court
warned the employer that the
employee could have been entitled
to compensation of up to almost
$2million if she wasn’t reinstated.
This means that if your property now
has a BAL Rating applied to it, then the
costs to repair or rebuild your property
have increased, sometimes dramatically,
to now comply with the new amended
Australia Standard laws. The additional
costs are not strictly limited to fire
damage only, but also apply to all claims
affecting the external components
of the building such as roof, walls,
gutters, eaves, windows, doors, decks
etc. So if your property suffers damage
through events such storm, hail, impact,
accidental damage etc. then the repair
costs will be impacted by the BAL Rating.
So what does this mean for insurance?
Depending on the BAL Rating applicable
to your property, the additional costs
associated with the rectification of
damage caused to your property, be
it by fire, storm, impact, etc. need
to be included within your Building
Sum Insured and not be exhausted
under your insurance policy.
The Building Sum Insured nominated on
your insurance policy now needs to be
increased to include these additional costs
otherwise it will result in under-insurance
leaving you with either an unfinished
home or personal financial contribution
(outside insurance) to complete the
repair or rebuild of your property.
The recommended additional
costs have been set at:
1. BAL – LOW
No additional cost
2. BAL – 12.5
Additional $5,000 – $15,000
3. BAL – 19
Additional $20,000 – $30,000
4. BAL – 29
Additional $30,000 – $50,000
5. BAL – 40
Additional $50,000 – $80,000
6. BAL – FZ (Flame Zone)
Additional $100,000 – $120,000
In order to determine the BAL Rating
applicable to your property, please
Continued p
contact your local council who will be
able to provide you with this information.
Once obtained, a calculation can be
provided for the average additional costs
that should be included in your building
sum insured and added to your insurance
policy to ensure you are adequately
protected in the event of a loss.
If you would like more information
regarding BAL Ratings, please
contact your CQIB broker.
BrokerwiseTM
3. time school students, under the employers
normal WorkCover Queensland Policy.
Employers should advise their insurance
broker of their work experience
engagement practices so that the
existing Broadform Liability Insurers are
made aware of the circumstances and
can extend their Policies accordingly to
note the inclusion of unpaid labour.
Employers should also advise the
‘unpaid worker’ of the potential
exposures should they suffer a workplace
accident or incident that results in
their own injury. Consideration should
be given to other policy coverage.
Policies such as Personal Accident
& Illness or a similar product may
then indemnify the ‘unpaid worker’
against injury or illness.
DIFFERENCES IN LIABILITY
When employers provide work experience
to school age students and unemployed
people there are distinct differences with
liability issues between the two groups.
With school students the employer is
normally indemnified by the school
that the student attends, together with
relevant State Government authorities
indemnification, in respect of any
injury sustained by the student during
the course of work experience.
That situation isn’t the same when it
comes to providing work experience to
unemployed persons to help them gain
future employment in the workforce.
Authorities such as WorkCover
Queensland specifically exclude coverage
for ‘non paid’ employees, other than full
In all cases it’s prudent for any insured
person or business to advise their
insurance broker of any material changes
to their business operation so that
the Insurers are made fully aware
and coverage can then be
tailored accordingly.
Work Experience
Across the Claims Desk
PLASTERED!
Dinner at home was an interesting occasion
for one family when parts of the ceiling fell
in on them. It seems that the glue holding
the plasterboard ceilings in their older home
did not have a lifetime serviceability.
When their house was built, ceilings were
held in place by both screws and glue
and if there was a shortage of screws,
the ceiling fixing would rely on the glue,
which can deteriorate over time.
Generally, unless there has been a
contributing factor e.g. water ingress, these
repairs tend to be excluded under ‘wear and
tear’ gradual deterioration exclusions.
Outcome: Claim rejected.
SPLASH OF PAINT
Unrestrained items in the back of a vehicle
can cause more damage than a collision.
The claimant driver of a car had a minor
collision resulting in tins of paint on the
back seat moving freely around the inside
of the vehicle, flipping their lids and
coating the upholstery with an attractive
but unwanted colour scheme. The cost
of replacement of the interior resulted in
the car being uneconomical to repair.
Outcome: Car written off. Claim accepted.
UNBROKEN…
BUT REPLACED
ANYWAY
With the recent replacement of many
hail damaged roofs in the Brisbane
area, it is interesting to note that whilst
many solar panels survived the impact
of the hail, some had to be replaced
anyway because were not fire rated.
Outcome: Claim accepted.
OFFBEAT, UNUSUAL
CLAIMS THAT
CROSS INSURERS
DESK‘S EVERYDAY!
4. Be sure. Before you insure!
Ask your CQIB broker about…
Commercial and Retail Insurance
• Business Property
• Business Interruption incl Loss of Rent
• Liability
• Burglary and Money
• Glass Breakage
• Machinery Breakdown
• Computer
• Goods in Transit
• Tax Audit
• Motor
• Contract Works
• Commercial Strata
Liability
• Public and Products Liability
• Professional Indemnity
• Management Liability
• Directors and Officers
• Employment Practices Liability
• Statutory Liability
• Cyber Risk
Private and Domestic Insurance
• Home and Contents
• Car, Caravan, Boat and Trailer
• Travel
• Residential Strata
Life, Disability and Partnership
• Life / Accident and Illness
• Term Life
• Long Term Disability / Income Protection
• Key Man
• Superannuation
The CQIB represents over 60 Queensland firms
employing nearly 400 staff and placing in
excess of $500,000,000 in annual premiums.
The CQIB charter is to maintain the level of
professionalism of its members by the sharing
of knowledge, information and ideas.
For more information visit
www.cqib.org.au
The articles in Brokerwise are provided
as information only. They are not general
or insurance broking or legal advice. It is
important that you seek advice relevant to
your particular circumstance.
construction so it does have a bearing
if the materials are combustible,
mixed or of inferior construction.
This must be assessed, declared
accurately and obviously, if a fire risk
is increased, it must be addressed.
Australia’s reliance on offshore
manufacturing has caused the transfer
of responsibility to manufacturers with
various importers and distributors proving
difficult to supervise and monitor to
appropriate standards.
The manufacturer / importer has a
responsibility not only as a measure
to sustain a reputable business, but
also as a community responsibility
to put stringent measures in place
which would prevent property
loss and worst case scenarios.
Industry and Australian Standards
exist and have individual rating
codes for applicable products. The
importer must have a testing protocol
and recall procedure that can be
demonstrated. Associations such as
Master Builders, Master Electricians,
Housing Industry Association etc.,
also provide a forum for the members
and the public to highlight issues and
all are proactive in raising concerns
and bringing problem cases to light.
The risk exposure would also be
assisted by having adequate Product
Recall insurance to cover incurred costs
which are not limited to the product,
but may also include advertising,
recall notifications, repairs, loss
of profits and rehabilitation.
HIGH RISK OF SUB
STANDARD PRODUCTS
In recent weeks the news media in
Australia has reported many examples
of inferior products being used in the
building industry. The reports document
the use of non-compliant products,
such as cladding, cabling, wiring and
lighting being installed in domestic and
commercial buildings. Some suspect
installations have resulted in serious
damage with ongoing fire investigations
but all products reviewed by authorities
have been exposed as potential risks to
either cause fire or act as an accelerant.
Trends in consumerism is to make a
product cheaply for a shorter shelf life
knowing it can be replaced cheaply
in a ‘buy and replace’ purchase cycle.
For building products however, we
also want the assurance that our
houses are long term secure in their
construction and internal fit-out.
The cause of these building material
risks can be traced back in some cases
to inferior products being imported
that are not meeting Australian Quality
Control measures. An added problem is
that designs are specified with materials
which are then replaced with a replication
of the intended original material or
product. In a lean economy the temptation
exists to look for cheaper alternatives
to combat narrow profit margins.
This may also muddy the water with the
rating of insurance premiums. Property
risks are calculated on the materials of
Wise.words
House of Straw
"A business absolutely
devoted to service
will have only
one worry about
profits.They will be
embarrassingly large.”
— Henry Ford
"Never burn bridges.Today’s
junior jerk, tomorrow’s senior
partner." — Sigourney Weaver
"By working faithfully
eight hours a day you may
eventually get to be boss
and work twelve hours
a day. " — Robert Frost
Council of Queensland
Insurance Brokers Inc
ABN 23 731 682 292
PO Box 8401
Woolloongabba QLD 4102
Phone: 07 3847 9542
Fax: 07 3847 4769
Mobiles: 0412 987 401
or 0407 613 454
E-mail: admin@cqib.org.au
Web: www.cqib.org.au