Tag Archives: Risk Management

What Types of Insurance Do Small Businesses NEED?

????????????????????????????????????????Every year in the United States, 600,000 new businesses are started. There are many reasons people start their own small business, from a desire to be in control of their own destiny, to the passion to pursue a lifelong dream. Regardless of your reasons for starting a small business, protecting that business investment with insurance is an important part of business ownership. The right insurance will minimize the risks you face due to unexpected events, liabilities, and losses.

Types of Small Business Insurance

Liability Insurance 

The most basic type of insurance that any small business requires is liability insurance. The basic idea behind liability insurance is to protect the policy holder against lawsuits or other legal exigencies. Small-business liability insurance covers things like bodily damage or third-party property damage vis-a-vis your staff, products and services. Liability insurance is the bedrock of small business insurance because it protects your most valued assets.

Workers’ Compensation

Workers’ compensation is perhaps the second most important form of insurance to protect you and your small business. This type of insurance focuses on wage replacement and employee medical benefits in the unfortunate circumstance that a small-business employee is injured while on the job.

The important thing to bear in mind is that small-business employees, by signing up for workers’ compensation, waive the right to sue the employer for negligence vis-a-vis an injury sustained on the job. Workers’ compensation effectively indemnifies small business owners against huge payouts and/or protracted court appearances. Most states require workers’ compensation for small businesses hiring W2 workers.

Professional Liability Insurance 

Professional liability insurance, also known as errors and omissions coverage, protects small business owners against charges relating to advice given or services rendered by employees. Professional liability insurance can help lower the cost of defending the business against negligence claims in court and/or reduce the monetary damages granted in a civil lawsuit.

Small business owners in the fields of real estate, law, accounting, consulting or myriad other advice-giving professions that hire less than 500 employees should consider professional liability insurance to weather possible negligence claims. This type of insurance coverage goes beyond regular liability insurance.

Business Owner’s Policy 

This brand of small business insurance is a commercial insurance package specifically designed for small to medium-sized businesses. Business owner’s policies couple general liability insurance and property insurance into one bundled insurance coverage package. Small business owners can expect a reduced premium when purchasing business owner’s policy insurance coverage.

That said, although business owner’s policy coverage can be economical for your small business, business owner’s policies often have stringent eligibility conditions. The property insurance portion of a business owner’s policy covers things like fires, explosions and vandalism whereas the general liability side covers third-party injury or dismemberment.

Commercial Auto Insurance 

Commercial auto insurance helps protect all vehicles owned and/or used by a small business. This kind of insurance is especially handy for small businesses that use staff to transmit goods and services. Work cars, trucks and delivery vans are all indemnified against damage and collision under commercial auto insurance policies.

If your small business employees are driving their own vehicles for professional reasons, you may also want to consider non-owned auto liability to insure the company vis-a-vis an uninsured or underinsured employee.

In some instances, non-owned auto liability can be bundled with a business owner’s policy to reduce the overall cost of coverage for cash-strapped small business owners.

Beyond Basic Coverage

Some small business owners may want to consider disability, life and health insurance. While not directly related to small business operations, purchasing one or all three kinds of external coverage could prove prudent in the long run.

Randy Reynolds is the Managing Partner for Texas Associates Insurors. His knowledge and experience extends to the manufacturing and construction industries, as well as to financial services, hospitality and not-for-profit organizations.

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Why Every Small Business Partnership Needs a Buy-Sell Agreement

When most small business owners think about risk, they tend to consider the things that impact the physical security of the business (fire, flooding, wind damage, etc.) and the financial buy sellsecurity of the business (receivables, demand, professional liability, etc.). Given the immediacy of these risks, it is easy to forget issues relating to business continuation. The reality is that if you buy a business or start one with a partner, you are both at risk for losing everything. Without a buy-sell agreement, Forbes warns you and your partner are facing a world of hurt from the financial and tax problems following “an owner’s death, incapacitation, divorce, bankruptcy, sale or retirement.”

What Is A Buy-Sell Agreement?

A typical buy-sell agreement will protect business owners in the event a co-owner wants out of the business voluntarily or otherwise. A partner may want to retire, to sell his/her shares, or to settle a divorce. On the other hand, the partner may die or become incapacitated and unable to participate. Once a buy-sell agreement sets up a price and terms for a buyout, you have assured the business’s continuation and seamless transition.

Benefits Of A Buy-Sell Agreement

There are several reasons to consider putting a buy-sell agreement in place:

  1. Protect the Business: You and your partner may agree on keeping an unwanted third party from acquiring the business. The contract facilitates a hassle-free shift in control or ownership, it can provide the protocol for fixing or calculating the buy-price to the selling partner or deceased owner’s interest, and it can assure the mandatory arbitration required to settle any arising disputes. Finally, it may define the rights of remaining owners to purchase the interest of the departing owner to resolve or avoid the disputes that often arise among family members.
  2. Structure Tax Treatment: A buy-sell agreement may be used to protect a company’s status as an S-corporation, professional LLC, or professional corporation identity. And, it may want to avoid the termination of its status as a partnership for tax purposes. In addition, under the Internal Revenue Code, there are prohibited shareholders. The IRS will tax the business as a C-corporation if and when a share of the business is transferred to a prohibited shareholder and its status S election will be terminated.
  3. Protect the Remaining Interests: Great peace of mind comes with certainty of the terms enabling you to purchase the departing partner’s interest through a predetermined long-term financing arrangement that allows, for example, payments to be made from the business’s cash flow according to specific formulas. This allows the current owners to fix the price and terms of purchase, thereby reducing or eliminating the personal conflicts that could otherwise arise.
  4. Protect the Withdrawing Partner: The buy-sell protects the deceased partner’s estate from negotiating price and share from a disadvantage. By requiring the surviving partner(s) to buy back the deceased’s interest, it provides a source of income for payment of estate taxes and forestalls disputes with surviving spouses and heirs. In another situation, the agreement guarantees the disabled or retired owner a needed source of cash or a lump sum that fits a financial plan with tax treatment favorable to the withdrawing partner.

Designing Buy-Sell Agreements

There are a variety of ways that a buy-sell agreement can be structured. Typical formats include:

  • A Cross Purchase Agreement works best with four or fewer partners. The owners each own life insurance policies on the lives of each of the others, and in the event one of them dies, the surviving owners use the proceeds of the life insurance policy to buy the deceased owner’s share of the business.
  • A Trusteed Cross-Purchase Agreement creates a revocable or irrevocable trust with a third party owner-administrator and fewer insurance policies. The agreement contractually obligates the trustee to buy the interest of the deceased or departing owner, and the departing owner (or the estate) to sell the interest to the trustee. When using life insurance, the owner(s) can be confident that some or all of the money needed to complete the purchase will be available at the death of an owner.
  • A Partnership Among Shareholders transfers the funding from life insurance policies into a partnership.

It is never wise to enter into a buy-sell agreement without professional advice and assistance. Before you and your partners hang out your “business open” sign, have your lawyers and insurance professionals design the plan that best serves all your interests.

Dave Perez is a risk advisor at Texas Associates Insurors and specializes in property and casualty risk assessments for business owners.

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Well It’s Not Like Choosing a Spouse, But Choosing an Insurance Agent Should Not Be Taken Lightly

If you own a business, you should have a commercial insurance policy, and may have other forms of insurance including professional liability, directors and officers coverage, etc. Before choosing an agentpurchasing your insurance policy, you must first select an insurance agent that you would like to work with. On the surface, insurance can seem like a commodity and many insurance agents treat it as though it is by selling policies simply on the basis of price. The reality is that insurance is more than a product – it is a critical tool in any business’s risk management strategy – and crafting a policy that provides adequate protection for your business requires more than a cursory review of your company and the business it is in.

Not all insurance agents are the same. The right insurance agent will approach their relationship with you as a partnership and not simply a sale. How to choose the right insurance agent for your business? Shop around and know what to look for when selecting your partner!

The call is yours

There are literally thousands of insurance agents and insurance companies that would love to have your business. The important thing for you as a purchaser is to know what you need. Are you simply looking to purchase the lowest price policy, or are you interested in reducing your overall business risk and ensuring that you are protected when risk becomes reality? If it’s the latter, a great approach is to seek advice from the lawyers and accountants who helped you open your business. Often, they can recommend the right agent for your needs.

Do some homework

Before meeting with an agent, it is important to have a basic understanding of the types of insurance products you may require. This is another situation where your corporate attorney or accountant may be able to help. With so many forms of insurance on the market, it can be difficult to understand which may be appropriate for your situation.

  • Workers’ compensation is a sophisticated product with subtle ways of determining premium.
  • Life insurance may be the best vehicle for a buy-sell insurance agreement.
  • Businesses with products have needs different than those that provide services.
  • Sole proprietorships need different security than partnerships or corporations.
  • Fire, flood, and others risks mean different things in different locations and different industries.

Before an agent can recommend what types of policies you should purchase, they must first identify and measure the risks to your business. Only then can they determine the best way to manage them. For this reason, you need the agent who has broad and deep experience in all lines of liability. Experienced and reputable professionals pursue continuing education and performance recognition. So, look for the initials after their name: CLCS – Commercial Lines Coverage Specialist, CLU – Chartered Life Underwriter, CRM – Certified Risk Manager, CPCU – Chartered Property Casualty Underwriter, or REBC – Registered Employee Benefits Consultant. There are yet more, but each of these represents years of coursework and testing.

What to value?

The ability to identify and manage risk is the key to a strong partnership with an agent, a holistic approach that reduces costs before they occur. Insurance rates are often based on the number and dollar value of claims, so it stands to reason that, to the extent that you can reduce the incidence and cost of claims, the better off you and your business will be. Look for the agent whose approach involves examining the broader risk management issues facing your business, and whose recommendations include more than simply purchasing insurance.

Accidents will happen, but communication and readiness can improve the odds. When employees and staff are well-informed about risks, their potential consequences, and workable prevention, safety becomes a team event. The agent who can provide material resources in the form of manuals, signage, and training is a personal value to your business. These are the partners you want to sign with.

Choose the agent for whom service is the unique value proposition. Value the commitment and mutual self-interest because it is to your advantage as well as the agent’s to develop and sustain the relationship.

Gary Grissom is a partner and Senior Risk Advisor at Texas Associates Insurors. Gary’s expertise extends to the construction, manufacturing and oil & gas industries where he partners with clients to develop effective cost-reducing risk management strategies.

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4 Risk Management Challenges for Small Businesses

Risk events can come in many different shapes and sizes, but regardless of your profession, risk management is something that can give you the edge over potentially damaging risks. For Small Businesses, there are several reasons why Enterprise Risk Management should be implemented. These reasons range from legal obligations to budgetary requirements and below, we highlight four of the foremost reasons for introducing Enterprise Risk Management to your Business.Risk management flow chart on paper

Market Risks

In large companies, market risk covers the risk that the value of the company’s assets will decrease due to a change in the value of external factors. Changes in interest rates, foreign exchange rates and commodity prices can all negatively impact on a company’s assets. Similarly, changing economic and environmental factors can negatively impact on the productivity of small businesses.

By monitoring market influences and assessing other external influences that could impinge on the company’s market presence, you can protect against market risks and ensure the productivity of the business. For small businesses, accounting for market risks can help ensure projected growth patterns and prosperity. By formulating an enterprise risk management plan, employers can effectively address and mitigate unfavourable market forces.

Operational Risks

Operational risk represents the risk of loss from failed internal processes. These risks can arise out of everything from poor or inadequate employee practices to hardware malfunction.  While operational risk is relevant to all categories of profession, many small businesses often overlook or underestimate the possibility of operational risk-related events damaging their business. Operational risks such as internal and external fraud, employment practices, business continuity processes can all negatively affect the overall business process of a small enterprise.

Through in-depth analysis, the identification, measurement, monitoring and managing of operational risk, small businesses can ensure the security and efficiency of the operating process. This involves having well-defined and organized roles, segregating duties and responsibilities, and implementing management review mechanisms that will allow employers to account for operational risks and ensure they don’t threaten the business.

Reputational Risks

Reputation is one of a business’ most important assets, particularly if they operate globally. That said, reputation is everything for small enterprises and start-ups as it represents the extent to which the company is meeting the expectations of its stakeholders, and this can often prove a determining factor in whether or not a small business can take off. While reputation is one of the most important assets of the business, reputational risks are indelibly difficult to protect against. Factors such as negative publicity, whether accurate or not, can compromise the business’ reputation capital while marketing channels such as social media can carry a lot of risk potential.

By defining how you want your business to be perceived, you can begin to clearly identify what risks could negatively impact on the company’s public image. Outlining an enterprise risk management strategy can greatly help a small business to actively monitor the effects of operational incidents on reputation capital and the public perception of the business. This involves an assessment of relationships with consumers, partners and the media as well as assessing the functionality of the business in terms of commitment and quality processes.

Emerging Risks

Emerging risk accounts for any new risk that is in the process of being quantified and understood. Emerging risks have the potential to substantially impact on a business or insurance policy and significantly damage the company’s reputation, reach and overall process. Emerging risks can infiltrate any part of your business or personal life and have a huge impact, and unfortunately, as there tends not to be any resolute method of predicting and protecting against emerging risks, they are considered some of the most potentially damaging risks that businesses face.

Typical emerging risks include Cyber Risks and Social Media Risks, both of which can be reduced greatly through a comprehensive risk management plan, but other emerging risks such as changing economic factors and wholly unpredictable risks like natural disasters can have devastating consequences for unprepared businesses.

Enterprise Risk Management is all about predicting, preparing for and protecting against the occurrence of a risk event. Each of the risks discussed in this post carry the potential to inflict serious damage on a company’s reputation and overall business process. However, if a small business incorporates each of the aforementioned risks into their overall Enterprise Risk Management plan, they can significantly protect themselves against the possibility of a risk event occurring and devastating the business.

Ensure your Risk Management Strategy is up to scratch with a free risk assessment.

 

Lonnie Meadows is a risk advisor for NewFirst Insurors. Lonnie specializes in developing commercial risk management plans for small to mid-sized businesses and focuses on leadership and management relationships to improve his clients’ overall operations.

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A Casual Look at Property & Casualty Insurance

While shopping for insurance, whether for your home or business, you may have heard the term “property and casualty insurance” used by your agent or insurance representative. When looking at your quote or reviewing your issued policy, you will see lists of coverages such as “personal property” or “general liability”. These coverages fall under either Casualty or Property and make up the essential parts of your policy. Without these, there would be no coverage and no protection for your assets.

But, “what is property and casualty insurance and do I need it?”

Property Coverage

You may find Property coverage more straightforward than its counterpart, Casualty. If you carry any insurance for your building, equipment, furnishings, or your home, car, or personal belongings, then you already have property coverage built into your policy. This coverage protects you against direct damages to your property by covering causes like fire, lightening, and wind.

Property coverage can also apply to loss of income generating ability, as you would find in Business Income coverage. This applies specifically to your ability to generate income in the event of a covered accident or damage that prevents your business from operating. A few days or several weeks could cripple your business and result in closing without this type of property coverage.

Casualty Coverage

Casualty can be difficult to define but it typically refers to the liability coverage found in business and personal policies. The term casualty is not applied to Life, Health or Property policies where liability is not a factor. You will probably hear most often that casualty is insurance covering injury or property damage to others “for which you are legally liable”.  In simpler terms, it is coverage for damages caused by you due to your negligence.

Accidents happen both at home and on the job all the time which can result in injuries.  A friend visiting your house could be seriously hurt because the deck you built collapsed.  Or, a customer at your salon might slip-and-fall because of an unsecured mat and suffer serious fractures. These types of accidents are not anticipated but because of our potentially negligent acts, could result in thousands of dollars in medical bills and legal fees.

Why Do I Need It?

If you own anything of value that you could not replace out-of-pocket in the unfortunate event of disaster, then chances are that you need Property and Casualty insurance.

If you have ever been careless while driving, at home, or at your place of business, you need Property and Casualty insurance.

For all the savings you may have or for all the planning you’ve done, nothing can prepare you for an unexpected event like a fire. The cost to repair and replace your belongings and cleanup the damage in the aftermath could total in the thousands. The best and most effective plan for protecting yourself and your family from financial crisis is insurance.

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Taking the Risk Out of Building

As the U.S. home market slowly recovers, builders are seeing a boost in construction contracts. New commercial buildings are being built at a rapid pace. With these surges in construction, specialized policies like Builder’s Risk provide important protection against exposures that are unique to the building trade.

The Basics of Builder’s Risk

The Builder’s Risk policy provides protection for homes or commercial buildings under construction, while being remodeled, or undergoing renovation. The policy covers materials like concrete, lumber, and fixtures as well as machinery and equipment used to maintain the building. The policy also covers the cost to remove debris caused by a covered accident, like a fire or lightning strike.

In most cases, a Builder’s Risk policy is required for buildings under construction and purchased when the home or building is at least 30% complete. The limit of insurance is based on the estimated value of the project once its complete. Because the value will increase as glass, framing, and other materials are added, the limit should also be increased. Once the project is done, coverage will end when the building has been taken over by the owner, the work has been complete for 90 days, or the builder has abandoned the project.

Pitfalls and Perils

Accidents happen and by their nature, they’re never anticipated. An accident can stall or completely stop a building project. To avoid the pitfalls of damage, there are three types of perils coverage to choose from: Limited Perils, Specified Perils, or Special Perils.
Each has their own unique advantages but the most inclusive is Special Peril, which covers accidental losses that are not specifically excluded. While this type of coverage is the most attractive, it is also the most expensive. Though the cost may be more than its counterparts, the broad coverage pays for itself in the event of a large loss that might otherwise have been excluded.
Valuing Your Property

It’s a common misconception that all property policies replace damaged items based on their original replacement value. While many companies sell enhanced policies with special endorsements, like Replacement Cost, a great majority of policies come with Actual Cash Value.

In the event of covered damage to your property, claims are paid on an Actual Cash Value basis by default. This means only the depreciated cost to repair or replace will be paid. This can leave the project with a shortfall in funds and possibly halt further construction. To avoid this common mistake, check the policy and endorsements to ensure that Replacement Cost coverage is included.

Policy Limitations

While the coverage provided is vital to most building projects, limitations apply. Builder’s Risk does not cover Earthquake, Flood, Steam Boiler, or intentional acts of damage. Because policies vary by company, coverage for materials in transit, equipment such as scaffolding and trailers, or theft of materials may be limited or excluded. For an additional premium, separate policies or endorsements can be added to ensure coverage is in place where it is needed.

Coy Sunderman is a risk advisor specializing in risk solutions for construction businesses, oil & gas operations, manufacturers and distributors/wholesales. Coy is a Certified Work Comp Advisory and holds his CIC (Certified Insurance Counselor) designation.

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Consider Risk Management Strategies When Buying a Home

houseReal estate markets in many parts of the country are heating up, with prices rising at a good clip. In many areas, it is a true seller’s market. So buyers should take heed of the various risks inherent in buying a home and should use sound risk management strategies before taking the plunge on an asset of such size. Here are some risk management and insurance tips to consider for your clients who are shopping for a home.

  • Consider the financial risks by not overextending yourself when buying a home. A good rule of thumb is not to buy a home that costs over 2.5 times your annual salary. Many online calculators can assist you in determining the maximum price for a home you can afford.
  • Consider the property and casualty risks. What are the key loss exposures to the home? For example, is the home in a flood zone? How far is it from the nearest fire department? Is it in an earthquake seismic zone 3 or 4?
  • What is the condition of the home? If it is apparent the home has not been properly cared for by viewing surface level deficiencies, there is a good chance that deeper problems may eventually manifest themselves. Thus, the value of a good home inspector cannot be overemphasized. If it is an older home, when were the various systems upgraded?
  • What types of losses have appeared on the Comprehensive Loss Underwriting Exchange report during the past 5 years? For example, a pattern of water losses may be a warning sign.
  • What type of loss control features does the home have? For example, is there a central station burglar and fire alarm system or a sprinkler system? If the home is in a hurricane-prone area, what windstorm protection devices are in place,
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Communication & Technology Preparedness

According to The American Red Cross, the Internet—including online news sites and social media platforms—is the third-most popular way for Americans to gather emergency information and let their loved ones know they are safe. Through the use of everyday technology, individuals, families, responders and organizations can successfully prepare for, adapt to and recover from disruptions brought on by emergencies and/or disasters. With effective planning, it is possible to take advantage of technology before, during and after a crisis to communicate with loved ones and manage your financial affairs.

Stay Connected

Keep your contacts updated across all of your channels, including phone, email and social media. This will make it easy to reach out to the right people quickly to get information and supply updates. Consider creating a group list of your top contacts.

  • Learn how to send updates via text and Internet from your mobile phone to your contacts and social channels in case voice communications are not available. Text messages and the Internet often work during a phone service disruption.
  • Keep extra batteries for your phone in a safe place, or purchase a solar-powered or hand crank charger. These chargers are good emergency tools to keep your laptop and other small electronics working in the event of a power outage. If you own a car, purchase a car phone charger so you can charge your phone if you lose power at your home.
  • In your cellphone, program some of your contacts as emergency contacts so that if you are unable to use your phone, emergency personnel can contact those people for you. Let your emergency contacts know that they are programmed into your phone, and inform them of any medical issues or other special needs you may have.
  • If you have a traditional landline (non-broadband or Voice over Internet Protocol) phone, keep at least one non-cordless receiver in your home because it will work even if you lose power.
  • If you are evacuated and have call forwarding on your home phone, forward your home phone number to your cellphone number.
  • If you do not have a cellphone, keep a prepaid phone card to use if needed during or after a disaster.
  • Prepare a family contact sheet. This should include at least one out-of-town contact who may be better able to reach family members in an emergency.
  • Have a battery-powered or hand-cranked radio or television available (with spare batteries).

The following are additional tips for making phone calls and using your smartphone during or after a disaster:

  • Keep all phone calls brief. If you need to use a phone, try to convey only vital information to emergency personnel and/or family.
  • If you are unsuccessful in completing a call using your cellphone, wait ten seconds before redialing to help reduce network congestion.
  • Conserve your cellphone battery by reducing the brightness of your screen, placing your phone in airplane mode and closing apps you are not using that draw power, unless you need to use the phone.
  • If you lose power, you can charge your cellphone in your car. Just be sure your car is in a well-ventilated place (that is, remove it from the garage) and do not go to your car until any danger has passed. You can also listen to your car radio for important news alerts.
  • If you do not have a hands-free device in your car, stop driving or pull over to the side of the road before making a call. Do not text on a cellphone, talk or “tweet” without a hands-free device while driving.
  • Immediately following a disaster, resist using your mobile device to stream videos, download music or videos or play video games, all of which can add to network congestion. Limiting use of these services can help potentially life-saving emergency calls get through to 911.
  • For non-emergency communications, use text messaging, email or social media instead of making voice calls on your cellphone to avoid tying up voice networks. Data-based services like texts and emails are less likely to experience network congestion. You can also use social media to post your status to let family and friends know you are okay. In addition to Facebook and Twitter, you can use resources such as the American Red Cross’s Safe and Well program.

Get Organized

Store your important documents such as personal and financial records in a password-protected area in the Cloud or on a secure flash or jump drive that you can keep readily available. This flash drive can be kept on a key ring so it can be accessed from any computer, anytime, anywhere. Remember important documents, such as:

  • Personal and property insurance
  • Identification such as driver’s license or passport (for family members, as well)
  • Banking information

Don’t forget your pets!

  • Store your pet’s veterinary medical records documents online.
  • Consider an information digital implant.
  • Keep a current photo of your pet in your online kit to aid in identification if you are separated.

Your family may not be together when disaster strikes, so it is important to plan in advance. Create an Emergency Information document or Family Communications plan to record how you will contact one another, how you will get back together and what you will do in different situations.

  • Make sure to share this document with family members, friends and co-workers who will also need to access it in an emergency or crisis.
  • When handling personal and sensitive information, always keep your data private and share it only with those who will need access in case of emergency.

Sign up for direct deposit and electronic banking through your financial institution so you can access your payroll funds and make electronic payments regardless of location.

Emergency Resources

Include these sites in your Emergency Information document to ensure that you can quickly access them from any computer or smartphone.

  • Download the FEMA App to access disaster preparedness tips, build your personal emergency kit and look for open Disaster Recovery Centers along with open shelters (if you’re a disaster survivor). Also, stay informed with the FEMA blog.
  • Local emergency management officials often have notification systems. Opt in to a distribution for your community. To find out if your community offers such services, contact your local office of Emergency Management.
  • Signup to receive a monthly preparedness tip from FEMA’s text messages program.
  • Bookmark important mobile sites:
  • Centers for Disease Control and Prevention: http://m.cdc.gov
  • American Red Cross: www.redcross.org/mobile
  • FEMA/Ready: http://m.fema.gov
  • National Hurricane Center: www.nhc.noaa.gov/mobile

In addition to insuring your home, we are committed to helping you and your loved ones stay safe when disaster strikes. If you would like more information on developing a family emergency plan or building a disaster supply kit, please contact Texas Associates Insurors at 512-328-7676 or http://www.txassoc.com today.

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4 Small Business Legal Risks to Watch Out For

Every business has to make legal considerations on a daily basis, regardless of what industry they find themselves a part of. For small businesses and start-ups, legal considerations can often determine whether or not the company can achieve growth potential. Therefore, accounting for legal risks should be one of the fundamental characteristics of a small business’ enterprise risk management (ERM) strategy. Here are four legal risks that your ERM strategy must account for in order to safeguard your business.Insurance policy

Choosing your ownership structure

Choosing your ownership structure shows how businesses face legal risks before they even begin to operate. That’s why choosing the right ownership structure is such an important decision for businesses. This decision will impact whether or not you’ll be able to accept investors as well as how many and what types of investors. Your ownership structure will also influence whether you’ll be able to easily sell your company, what your personal legal liability will be and what your tax liability and benefits will be.

Litigation

Litigation is something that almost each and every operational business will have to deal with at some point. It is also something that can cost businesses a lot of money. For small business and start-up owners, legal fees can have a crippling effect on the company’s finances, often more so than actual settlements may demand. While juries tend to be sympathetic towards small businesses, the risk and cost of litigation is hardly ever justified and is something that should be avoided at all costs.

How do you avoid litigation? Seeking legal advice before you make any important business decisions that could lead to litigation can certainly help. Which brings us to our next point..

Failing to seek legal consultation when necessary

It’s only natural for small businesses and start-ups to avoid hiring an attorney in order to reduce legal costs. However, without appropriate legal advice, you run the risk of making decisions that could negatively impact on the business such as entering into legal agreements that don’t fully protect your interests. These failed decisions could end up costing the business much, much more than any legal consultation would. By failing to seek appropriate legal advice when necessary, your business may become threatened in the long run.

Ignoring Intellectual Property

Intellectual Property law is a complex area that is often avoided by small businesses, especially non-tech businesses that believe that they don’t face any intellectual property risk. However, failing to account for intellectual property and intellectual property insurance will leave your rights unprotected when it comes to the ownership of original ideas. This has the potential to significantly damage the future success of a small business, whether they realise it or not.

If your business is constantly experimenting and creating new technologies/processes that are unrivalled and eligible for patent, you may want to amend your employment agreements so that they clearly specify ownership of intellectual property. This can prove critically important when it comes to potential investments, particularly if you end up licensing your trademark to another company.

Legal matters may strike some small business owners as the itch that cannot be scratched, however, it is important to safeguard your business on an ongoing basis so that emerging legal implications are acknowledged and mitigated. By reviewing your risk management strategy and amending policy so that legal risks take focus, you can ensure your small business or start-up can become a success.

Small Businesses face many risks on a day to day basis but you can ensure the safety and future of your Business with a free risk assessment today.

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Wildfire Prevention Checklist

To wrap up National Fire Prevention Week, Texas Associates Insurors has prepared a checklist to help reduce the risk of wildfire to your personal property.  We all know full-well what devastation can be so quickly caused when a fire gets out of control. But WILDFIRE DOESN’T HAVE TO BURN everything in its path. In fact, cleaning your property of debris and maintaining your landscaping are important first steps to helping minimize damage and loss. The work you do today can make a difference. Follow these simple action steps now and throughout the year to prepare and help reduce the risk of your home and property becoming fuel for a wildfire:

o Clear leaves and other debris from gutters, eaves, porches and decks. This prevents embers from igniting your home.

o Remove dead vegetation from under your deck and within 10 feet of the house.

o Remove anything stored underneath decks or porches.

o Screen or box-in areas below patios and decks with wire mesh to prevent debris and combustible materials from accumulating.

o Remove flammable materials (firewood stacks, propane tanks, dry vegetation) within 30 feet of your home’s foundation and outbuildings, including garages and sheds. If it can catch fire, don’t let it touch your house, deck or porch.

o Wildfire can spread to tree tops. If you have trees on your property, prune so the lowest branches are 6 to 10 feet from the ground.

o Keep your lawn hydrated and maintained. If it is brown, cut it down to reduce fire intensity. Dry grass and shrubs are fuel for wildfire.

o Don’t let debris and lawn cuttings linger. Dispose of these items quickly to reduce fuel for fire.

o Inspect shingles or roof tiles. Replace or repair those that are loose or missing to prevent ember penetration.

o Cover exterior attic vents with metal wire mesh no larger than 1/8 inch to prevent sparks from entering the home.

o Enclose under-eave and soffit vents or screen with metal mesh to prevent ember entry.

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