SWFL Insurance

We often forget that our auto insurance policies are contracts. Besides paying your premium on time, in order to keep your car insurance rates down you should abide by your car insurance company’s rules. But how can you abide by the rules when you don’t even know what they are? Here are 10 common scenarios that people ask about. If any of these hit close to home, quickly fix the issue before you get in a pickle. You haven’t added a licensed teen to your car insurance policy. Withholding information about your teenage driver from your car insurance company is a big no-no. They will find out….They will either increase your premiums or cancel your policy. If there is an accident before they find out, the company can deny the claim and cancel your policy or cover the claim and request all back adjusted premiums. You let your adult child take your car when they moved to another state. Car insurance companies expect to be informed about these changes. If your daughter were in an accident, your insurer could say you concealed vital information about the vehicle’s location, deny your claim and cancel the policy. The better way, add the child’s name to the car’s title. Then your child can buy insurance for the car in her own name and using her new address. This will also allow your child to register the car in her new state, which most states require. You sold your car to your son but still carry the insurance on it. Not good. In general, you cannot carry insurance on a car in which you don’t have an “insurable interest.” Typically those with an insurable interest are the car’s owners, lienholders and co-signers – meaning those who would be affected financially if something happens to the car. Your child should buy car insurance for the vehicle. If he’s still a minor, you may have to be on the policy with him. Minors typically must have a parent or guardian involved in the auto insurance contract. You could face problems submitting a claim if you have failed to tell your insurance company about the ownership change. Or worse, the car insurance company could say you hid the change as a scheme to get lower car insurance rates, which would qualify as insurance fraud and a reason for it to deny claims and cancel the policy. You are financing and insuring a car for a relative who lives out of state. Auto finance companies want evidence that the car loan is in the same name as the insurance policy. Since you’re not the primary driver of the car, nor is the car at your residence, it is difficult, if not impossible, for you to insure the car. You should contact the finance company to see if it will allow your relative to be the “named insured” on a policy. If it agrees, your relative has the hurdle of finding an insurance company in her state that will permit her to insure a car she doesn’t own. If she can find such a company, then she still has to list you and the finance company on the insurance as owner and lienholder, respectively. If you carry insurance on the car without telling your insurer about the situation and your relative wrecks the vehicle, it’s very likely the accident wouldn’t be covered. Your car insurance company is likely to call you out for misrepresenting who was driving the car and where it was located, and cancel the policy. You lend your car to a friend for a few months and don’t notify the insurance company. Your car insurance policy typically will cover a friend who drives your car occasionally, but it’s a different story when you loan your car out for a long period. The car is now housed someplace other than your residence, and someone else is acting as the primary driver of the car — both circumstances your car insurance company wants to know about. If your insurance company’s rules allow, you may be permitted to add your friend as a driver to your auto policy, but most car insurance companies don’t want to add a person outside of the household. If that is the case, your friend should consider insuring the car. Some insurance companies will allow someone to insure a car that he doesn’t own, as long as the owner is listed on the policy. If your friend crashes your car, your insurer can deny claims because you concealed pertinent information about the “real” driver and vehicle location. That can leave you and your friend on the hook for damages he caused. You sold your car and the buyer is making payments but you’re still carrying the title and insurance. Don’t keep your name and insurance on a car that another person possesses! First, as the owner – because your name is still on the title — you have vicarious liability for the actions of the person driving the car that you “sold.” Second, you’re paying for insurance but any claims might not be covered. Your car insurance policy normally covers cars and drivers of your household, not others. If you’re in this situation, you should sign the title over to the new party. He can easily get insurance once he registers the car — and you will no longer be held responsible for his actions. To protect your interest in the car, make certain you’re listed as the lienholder on the car’s title and auto insurance policy. That way you’ll be notified if he tries to sell the car or drop car insurance. You’re delivering pizzas with your personal vehicle. Most personal auto insurance policies exclude coverage if you use the vehicle to deliver items, whether it’s pizza, newspapers, packages or medical supplies. Insurance companies see unsavory risk in delivery drivers because they are constantly on the road. If you want to be paid to deliver items, you should change to a business-use

Sooo….You just had to ask one of your salesmen to clean out his desk. You had received a written claim of some sexual indiscretions claimed by a fellow female sales person. The texts and verbal abuses were claimed to have been made over a 12 month period. Now what? Did you do your due diligence in investigating the claims? Will you hear from an attorney? Either party may sue you since it supposedly happened on company time in the office. Will my business insurance respond to protect my company and me? This type of business professional legal liability situation falls under the heading of Employment Practices Liability. Employment Practices Liability Insurance (EPLI) offers broad policy coverage for discrimination, harassment, and inappropriate employment conduct, including hostile work environment, failure to hire or promote, wrongful demotion, negligent evaluation, deprivation of career opportunity, retaliation, wrongful discipline, libel, slander, defamation of character, and invasion of privacy. Whether you and your company are at fault or not, the legal fees could bankrupt your company. Even an organization with good human resources policies and procedures in place can be sued, and the cost of defending a claim can be enormous. It is not uncommon for legal fees associated with winning an employment lawsuit to exceed $250,000. Here are some examples of real life claims. See if you can relate to any of these claims. Sexual harassment and discrimination — $775,000+ A former employee of the insured claimed she was subject to sexual harassment, discrimination and retaliation. After complaining to human resources that her manager had verbally harassed her on a number of occasions and had touched her inappropriately on two or three occasions, the plaintiff claimed she was retaliated against and terminated. She sued for sexual harassment, retaliation, wrongful termination in violation of public policy, intentional infliction of emotional distress, negligent infliction of emotional distress and tortious assault. Travelers paid more than $225,000 to defend the claim and paid $550,000 in settlement costs. Sexual harassment and discrimination — $450,000 A line worker at a bulk food packaging business filed a charge against his employer with the Equal Employment Opportunity Commission for sexual harassment and discrimination. The charge developed into a class-action suit brought against the insured directly by the Equal Employment and Opportunity Commission. The suit contended that the insured had a pattern and practice of failing to respond to claims of harassment and discrimination. Travelers settled the case for $350,000 after paying more than $100,000 in legal fees. Sexual harassment and assault — $350,000 An applicant sued the owner-operator of a franchised bar and grill, alleging that while she was at the restaurant, and after completing her application, she was harassed, drugged, assaulted and sexually attacked by the employees and managers of the restaurant. Further investigation of the matter showed that after drinking for several hours, the plaintiff decided to apply for a position and that she was the instigator of the sexual activity that occurred. The matter was tried in front of a jury, who found in favor of the insured. Legal fees paid by Travelers exceeded $350,000.* Discrimination and retaliation — $250,000+ The president of a small advertising agency sued the agency for sex discrimination, age discrimination and retaliation. The plaintiff alleged that she and the agency’s CEO engaged in a consensual affair. After the CEO passed away, his widow became Chairperson of the Board. The plaintiff claimed she was wrongfully terminated when the affair was discovered after the CEO’s death. The insured contended there were performance and trust issues associated with the plaintiff’s employment at the agency. The insured prevailed on summary adjudication, but more than $250,000 was paid by Travelers defending the case and subsequent appeal. Discrimination and retaliation – $1,370,000 The head of Human Resources for a hospital system, who was a 64-year-old, was terminated by the plaintiff’s 45 year old boss after findings from an outside consultant revealed that the individual created a threatening, demoralizing and dysfunctional work environment which was not acceptable for a person in that position. The former employee of +20 years filed a lawsuit alleging age discrimination and retaliatory termination for complaining about certain business practices. The case was resolved for a total of $1.15m during mediation. Defense expenses incurred were an additional $220,000. Discrimination and harassment — $287,500 In 2004, the plaintiff, a graphic designer hired in 2001, resigned her employment claiming that she had been subjected to sexual harassment and gender discrimination. Specifically, she named four managers/directors of the insured as wrongdoers. The insured performed a thorough investigation and terminated three of the four people involved. The evidence collected included a long series of sexually explicit emails, jokes and comments in the workplace. The claimant was making $45,000 per year. Travelers paid $50,000 to defend the case before settling for $237,500. Even small companies have this liability exposure. Protect your company. ELPI coverage is available as a stand alone policy or as an endorsement to a Comprehensive General Liability Policy (CGL). The premiums are reasonable. Learn more………Things Employers Wish They Had Never Said Call SWFL Insurance Agency at 239-265-9577 for a discussion of your exposures and a premium quote. You can also email us at joshw@SWFLAgency.com.

In Florida, we love our motorcycles. There is a wonderful freedom in jumping on a motorcycle and going for a cruise and going with a group of friends. It feels a bit like flying down the road. It is exhilarating. It is an adrenaline rush. It is also dangerous, especially at night. When an average person thinks of Florida, they might think of recreational parks and famous attractions. They might consider that the Everglades are full of alligators and maybe some snakes. What they rarely think about is the same terrain that many animals thrive in Florida also creates a very large population of deer. Deer migrate, especially during the mating season, which lasts from October to January. They run in herds and move about looking for good grazing areas and water. Because Florida is such a vast state, this means there are plenty of areas where deer cross the roads. Danger to Motorcycles Hitting a deer at highway speeds in a vehicle does a lot of damage to the car. Most of the time, if the occupants of the vehicle are wearing seat belts and do not swerve, but apply brakes strongly instead, the car is damaged but the occupants usually survive. With a motorcycle rider, hitting a deer is very different. A buck deer may weigh up to 200 lbs. If you hit a deer on a motorcycle, it is like running into a brick wall. A motorcycle rider flies over the handlebars and goes into the air like shooting out of a cannon. And then, lands head first into the pavement. This is not a pleasant event. Some die. It can happen in an instant. Safety First Take it easy when driving on Florida highways that are far for the cities. Expect that a deer may suddenly jump in front and be sure to get motorcycle insurance from SWFL Insurance Agency Inc. in Fort Meyers, Florida because you never know when some surprising thing may happen.

Today we live in a consumer market where personality from professionals plays a major role in being hired or not. No longer do customers have to settle with what it offered. Allowing for everyone on both sides to have options and a negotiable business relationship is a win-win situation. The difference between insurance companies and clients in our modern era is communication. As a customer, it is vital to understand all of the legal verbal language in contracts. Sometimes there are a few sections that the general public simply cannot comprehend. This is where independent insurance agent becomes a great asset. An individual will feel safe if they are treated like a person instead of another number. In Fort Myers, Florida, local neighborhoods understand the vital necessity for having proper insurance that benefits them. Whether it is for their automobiles, commercial properties, or residential homes, to go without insurance is not a logical option. Due to the weather inclement scenarios that could occur the area, consumers are looking for package deals. It is reasonable to want everything under one company than spread out. Independent insurance agents are able to quickly identify what the customer wants. It also means that they will be able to better provide them with the best options possible. SWFL Insurance Agency Inc. serves the local area with highly skilled representatives. Questions and concerns are welcomed, as their main goal is to make sure you receive the best quality service possible. If you would like to further review the companies background, specific coverage options, and current customer perspectives, please feel free to view their website at your earliest convenience.

So… you just purchased a condominium unit in Southwest Florida with plans to occupy the unit about three months each year during the winter. Your unit is on the fourth floor overlooking the back bay. Typically, the balance of the year, the unit will not be occupied or may be rented. What happens if a pipe breaks and floods my unit while I am away? What happens if my unit is vandalized or burglarized while I am away? What coverage do I have when the unit is being renovated and I move my furniture to storage? What happens when I rent the unit to others? Some definitions to consider……”Vacant” means entirely empty. “Unoccupied” means belongings of sufficient value are present to make it reasonable to believe that the insured has not abandoned them. Typically, if a unit is “vacant” for 30 consecutive days, the following losses or damage will not be covered. Refer to your policy for specific language that may apply. Vandalism Accidental discharge from fire protective sprinkler system, plumbing, heating, AC, hot water heater, appliances. (Possible coverage if systems have been shut off and drained.) Glass breakage Water damage Theft, attempted theft Malicious mischief If you plan to renovate your unit, moving your belongings to storage, your unit may be considered “vacant”. Always discuss this situation with your agent…avoid surprises. Typically, the unit can be rented to others on an annual basis. Some insurance carriers will endorse the policy for “rental to others” for less than a year. If you plan to rent, discuss this in detail with your agent. Not having the proper endorsement or policy could prohibit payment of a claim. SWFL Insurance Agency can answer any questions and provide competitive condominium insurance proposals. Please call us at 239-265-9577 or visit www.SWFLAgency.com.

In an earlier SWFL Agency Blog post called So…You bought your kid a $2,000. Drone for Christmas, we detailed the issue of how the Homeowners Insurance Policy might react when your kid drives the drone through the neighbor’s windshield. If you are considering using a drone in your business, we recommend that you review the 2015 Florida Drone Law as outlined in the article at “What Florida’s new drone law means for you”. There are some very interesting implications. This thing is going to generate a number of lawsuits. Even if you hire a company that uses drones for Real Estate activity, you should understand the law and the company you hire should completely know and abide by the rules of the statute…..even though they may be a bit ambiguous.

In a previous Blog post, we discussed Guns, the Homowners Policy and Liability coverage. We learned that the Homeowners Insurance Policy may or may not respond in a case where you intentionally shoot an intruder on your property or elsewhere. If you carry a weapon on your person or in your vehicle, your exposure to a liability claim is much higher. The requirement for all gun owners to have Gun Liability Insurance is being debated in various states including Florida. There is a very good website for U.S. Concealed Carry Association that offers a Concealed Carry Guide that discusses insurance and offers Gun Liability Insurance at reasonable rates. The NRA offers Self Defense Insurance at reasonable rates. You need to be a member. With membership, you receive $ 2,500 of coverage for your guns at no charge. Remember, the Legal Representation and Legal Fees is the most important part of the Insurance Coverage that you are purchasing. Whatever the circumstances, the costs associated with protecting your rights can be expensive. Review the policy language closely for any policy you may consider. Need help understanding your Homeowners Policy and Gun Liability, call us at 239-265-9577 or visit our SWFL Agency Blog.

2015 will be “a defining year” for small drones. The projected total U.S. sales of 700,000 units in will mark a 63% increase from 2014. The wide range of drone models available this Christmas—from the $40 Protocol Neo-Drone Mini to a $3,000, 15-pound DJI T6000 with a sophisticated 4K video camera—means there’s now a model on the market to fit almost any budget. So….your kid immediately flys the drone into your neighbors car as the wife is pulling into the driveway. She panics…hits the gas and runs through the garage door, demolishing the husband’s new Harley and breaking out her front teeth on the steering wheel…… Will my Homeowners Insurance Policy cover this loss? Yes it will…as long as the definition of Aircraft reads similar to the following. Aircraft means any contrivance used or designed for flight except model or hobby aircraft not used or designed to carry people or cargo. Your Homeowners Policy language should be reviewed. Call us. Most drones have cameras. This is a big part of the fun. So, your son flies the drone with camera over the neighbor’s backyard spying on the 17 year old daughter through her bedroom window. He then downloads photos of her in her underwear and puts them online. Her parents are now suing you and they have pictures of the drone outside her window. Sounds like an invasion of privacy claim. This claim will probably not be covered by the standard HO3 Homeowners Policy. There are various exclusions such as “intentional acts”, “criminal acts”, “vicarious liability” that could apply. You will need to have a Personal Injury Liability endorsement added to the HO3 form in order to have any chance for coverage. As noted, while there are some variations from insurer to insurer, Personal Injury Liability Coverage extends to five basic categories of acts or conduct. These include: false arrest, detention, or imprisonment: libel, slander, defamation, or product disparagement; malicious prosecution (which may include abuse of process); wrongful eviction, wrongful entry, or violation of right of private occupancy; and, invasion of or violation of right of privacy. NOTE: Owners of consumer drones will have to begin registering with the U.S. government starting next week under a policy…charge will be $5. Starting Dec. 21, 2015. Look for more regulations. Call us for a full review of your present coverage and a quote for Personal Injury Liability coverage. Do not assume that you have it. Call 239-265-9577 or email us at joshw@swflagency.com Follow our Blog at SWFL Agency Blog

In Florida, it is generally illegal to openly carry a weapon. However, a person may openly carry, for legal self defense purposes, a self defense chemical spray, non-lethal stun gun, dart-firing stun gun or other non-lethal electric weapon designed for defensive purposes only. Even if a person does not possess a “Carry Permit” (CWFL), there are some places a person may possess a firearm. These places include: A private motor vehicle if the firearm is securely encased. A public mode of travel if the firearm is securely encased and not in an individual’s manual possession. A person’s residence or place of business. A person engaged in fishing, camping, or hunting, including going to or returning from fishing, camping, or hunting.If storing a loaded weapon in the home, it must be in a locked container or secured with a trigger lock if there is reason to know that a child under 16 may gain access to the firearm. The “Open Carry” law is being debate in the Florida Legislature and is likely to become law in the near future. Florida is unusual in that it allows many concealed weapons, not just handguns, to be legally carried with a license. Florida defines “concealed weapons” as handguns, electronic weapons or devices, tear gas guns, knives, and billie clubs. If a person is in possession of a concealed weapon, they must produce their concealed weapons license along with another valid identification upon the demand of a police officer. Further, even with a CWFL these weapons may not be carried concealed in the following places, pursuant to Section 790.06(12)(a), Florida Statutes: A place of nuisance. Florida defines “a place of nuisance” as any place that annoys the community, injures the health of the community, or is injurious to the manners or morals of the people. These types of locations include, but are not limited to, places of prostitution, assignation (an outdated term for a place used for secret meetings), a place of lewdness, places used for illegal gambling purposes, or places deemed to have criminal gangs and activity. Any police, sheriff, or highway patrol station, detention facility, jail, or prison. Any courthouse or courtroom except that a judge may carry and determine who may carry within his or her courtroom. Any polling place. Any meeting of the governing body of a county, public school district, municipality, special district or meeting of the Legislature or a Legislative Committee. Any public or private school, college, or professional athletic event not relating to firearms. This includes a school sponsored event, the property of any school, school bus, or school bus stop. However, a person may carry a firearm on school property if: it is carried in a case for the purposes of attending a firearms program or class that has been approved in advanced by the principle or chief administrative officer of the school, or in a vehicle if it is securely encased and not readily accessible for immediate use. School districts may waive this exception for purposes of student and campus parking. Any public or private preschool, elementary, or secondary school and their administrative buildings. Any career center. However, a person may carry inside a career center if attending a firearms training program. Any college or university facility unless the CWFL holder is a registered student, employee, or faculty member of the college or university and the weapon is a stun gun, nonlethal electric weapon, or device designed solely for defensive purpose and the weapon does not fire a dart or projectile. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose. However a concealed weapons carrier should stay out of portions of that business where the service of alcohol is the primary function, i.e., the bar area of a restaurant. The inside of a passenger terminal both outside and inside the secured areas of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal that is encased for shipment purposes and checked as baggage to be lawfully transported on an aircraft. Learn more about Guns and the Homeowner at our SWFL Agency Blog

One of my insureds has purchased a hand gun, taken a gun safety course and obtained a concealed weapon permit. She wants to know how her homeowners and umbrella policies would respond if she used the weapon in self-defense to protect herself, her family or their possessions from an assailant. With the subjects of guns and weapons being on the news everyday, it is important to know how your Homeowners Policy will respond if you use your weapon to defend your family and property. Many insurance companies today have filed policy forms with their own unique language. The most likely candidate for a claim denial is the “intentional loss” exclusion found in almost all Liability policy forms: Expected Or Intended Injury Exclusion Clause: Personal Injury and Medical Payments to Others do not apply to “bodily injury” or “property damage” which is expected or intended by an “insured”. However the “Reasonable Force” exception language may appear in some policy forms. The exception would read like this, “This Exclusion E.1. does not apply to “bodily injury” resulting from the use of reasonable force by an “insured” to protect persons or property”. What constitutes “reasonable” force? That can’t be answered until the occurrence takes place and the facts are known, so it’s impossible to say absolutely whether the policy would respond to a claim where a gun was used in self-defense. Since facts are ultimately decided by juries in the case of litigation that goes to trial, it’s likely the insurer would be obligated under this language to tender a defense. However, what may or may not be covered will depend on the unique facts and circumstances of each case, so all you can do is point to this policy provision with the caveat that other exclusions might be triggered as well. If the “self-defense” exception above isn’t included in the “intentional loss” exclusion in the subject policy—and it’s often not in older ISO or proprietary company forms—then it probably doesn’t matter whether it’s in self-defense. If you shoot someone deliberately, for whatever reason, that’s an intentional loss and likely excluded under such policies. A possible exception to that could be if there was no intent or expectation of serious injury or death—but even that would be a real stretch. Keep in mind that this entire discussion is really not new. For decades, many business owners have kept the proverbial sawed-off shotgun under the counter. Like ISO’s HO policy, their CGL policy has a virtually identical exclusion and exception that has been discussed for years by commercial lines practitioners. Homeowners and Umbrella Policies are not commodities and you MUST understand your policy language. As for umbrella or excess policies, it all depends on the precise language of the form, which can vary dramatically from one insurer to another. And be wary of any standalone “gun liability” policies. Many of them may be so restrictive that very little coverage is actually provided. Call SWFL Insurance Agency for further discussion and a review of your present coverage. 239-265-9577 You can see a discussion of The State of Florida Justification For the Use of Force & Deadly Force at the SWFL Agency Blog