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DON’T GET STRANDED OUT IN THE COLD AND SNOW!

2/16/2022

 
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Winter weather could leave you stranded. In recent years, many areas of the country have been hit with some heavy snow and ice storms – sometimes unexpectedly. Take the example of I-95 in Virginia earlier in January 2022. People were stuck on I-95 for 36 hours. Most people did not have the proper supplies ready to help them during that scary situation.

Winter car emergency kits are important to keep handy for these situations. Kits should be well-stocked with a mixture of first aid supplies, utility tools, and non-perishable foods. These kits should be kept on a location that is easily accessible from the driver’s seat, so you are ready when and if you find yourself in a situation caused by bad winter weather. Be sure to check them every six months and remove expired items. 

We here at Brock-Norton Insurance Agency have compiled a winter vehicle car kit checklist to help you prepare for wintry weather travel. You probably already have a few of the items in this check list in your garage, but they, and a few other things should be placed into your car.
 
Vehicle emergency supply kits should include:
  • Backpack or Durable Canvas Bags to Store all of these items
  • Blankets (1 person & extras)/ Emergency Survival Blanket
  • Sleeping Bags
  • First Aid Kit
    • Gauze
    • Medical Tape
    • Bandages (Different sizes)
    • Antibiotics
    • Ointments
    • Aspirin
    • Nonlatex Gloves
    • Wet Naps
    • Scissors
    • Hydrocortisone
    • Thermometer
    • Tweezers
    • Instant Cold Compresses
    • Necessary Medications
    • First Aid Guide
    • Antiseptic Towelette
    • Sting Relief Pads
    • Alcohol Wipes
    • Q-Tips
    • Pain Killers (Tylenol/Ibuprofen)
  • Winter Weather Tools
    • Ice Scraper
    • Snow Brush
    • Small Shovel
    • Windshield Wiper Fluid
    • Blanket
    • Gloves
    • Beanies
    • Hand Warmers
    • Sand/Cat Litter for Traction
  • Jumper Cables
  • Flares
  • Reflective Triangles
  • Brightly Colored Cloth to Hang out Window
  • Snow tires
  • Road Maps
  • Compass
  • Cell Phone Charger/Car Charger (Could be Solar Powered)
  • Jump Starter Power Bank for Car Battery, Phones, Laptops or Other   
    Electronic Devices
  • Tool Kits/Utility Tools
    • Pliers
    • Wrenches
    • Screwdrivers
    • Swiss Army Knives
    • Vice Grips
  • Paper Towels/Towels
  • Small and Large Trash Bags
  • Flashlights and Extra Batteries
  • Battery or Hand Cranked Portable Radio
  • Tow Ropes
  • Tire Chains
  • Batteries of all Different Types
  • Cable Ties
  • Bungee Cords
  • Emergency Candle
  • Emergency Instructions
  • A Few Cans of Compressed Air
  • De-Icer for Windshields, Door and Locks
  • Large Ziplock Bag of Ice Salt
  • Bottled Water 3 Days’ Worth for Drinking
  • Extra Water
  • Non-Perishable Food 3 Days’ Worth
    • High Energy Foods
    • Unsalted Nuts
    • Dried Fruits
    • Canned Foods
    • Hard Candy
    • Energy Bars
  • Toys, Book, and Games for Children
  • Extra Baby Supplies
    • Diapers
    • Wipes
    • Medicine
    • Clothes
    • Gloves
    • Hats
    • Baby Formula
  • Clothes & Extra Clothes
    • Gloves
    • Hats
    • Scarves
    • Snow Boots
    • Jackets/Coats
    • Long Sleeve Shirt and Pants
    • Heavy Duty Work Gloves
  • Antifreeze
  • Portable Potty
  • Extra Oil for Your Car
  • Manual Can Opener
  • Help Sign or Distress Banner
  • Inflated Spare Tire, Wheel Wrench, Tripod Jack, and Tire Pressure Gauge
  • Reflective Vest
  • Fire Extinguisher
  • Hand Sanitizer
  • Coveralls
  • Duct Tape
  • Whistle
  • Poncho or Umbrella
  • Light Stick or LED Strobe Light
  • High Visibility Safety Blanket
  • Quick Spark Fire Starter Kit
  • Car Escape Tools (Window Breaker and Seat Belt Cutter)
  • Extra Medication
  • And if you are travelling with your pets, you should have these following items in the kit:
    • 3 days to a weeks’ worth of canned or dried food
    • A weeks’ worth of bottled water for your pets
    • Food and water bowls
    • An extra collar, harness, and leash
    • A sturdy pet carrier plus carrier liners or disposable litter trays
    • Lights that can we attached to your pet’s collar or harness
    • Liquid dish soap and a towel
    • A two-week supply of your pet’s medication in a sealed container
    • Medical and Ownership Papers either printed or on a USB
    • A pet waterproof jacket and booties
    • Pet First Aid Kit
 
Here are some good tips to remember for any trip: 
  • Do you have a full gas tank? Make sure it is kept full.
  • Do not drive through a flooded area.
  • If powerline falls on your car stay inside your car. You could get shocked. Wait until someone that is trained can remove it before exiting your vehicle.
  • What are your antifreeze levels? Check them to make sure they are sufficient to avoid freezing.
  • Your battery and ignition system should be in top condition. If they are not have them serviced before taking your trip.
  • How do your brakes look? Check for wear and fluid levels. If there is more wear than normal please take your car to get them replaced.
  • Check your exhaust system. Check for leaks and crimped pipes. If there needs to be repairs please take your car in to be repaired. Be aware of carbon monoxide. It can be deadly and gives no warning.
  • How are your car’s heater and defroster working? That will be important if you get stuck in the snow.
  • Are your lights and flashers working? If not get them fixed.
  • What is your oil level? If it is low please fill it back up. Also check for the weight. Heavier oils solidify more at colder temperatures and do not lubricate as well.
  • Ensure that your thermostat works properly.
  • Check your tire pressure. Refill if necessary. 
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Holiday Package Thieves and How to Stop Them

12/16/2021

 
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The United State Postal Service anticipates delivering more then 900 million packages during this 2021 holiday season, making it the prime time for “porch pirates” to strike. No one wants that to happen to them. Here are some ways to deter porch pirates from making off with your gifts:
​
Guard Your Gifts: 7 Effective Strategies for Defeating Porch Pirates This Holiday Season:
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10 Clever Ways to Foil Porch Pirates:
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Water, Water Everywhere.  Time to Consider a Flood Policy.

10/26/2021

 
By Venee Galloway, CPCU and Jimmy Norton, CPCU
A water loss to your home or business can be devastating.  The Federal Emergency Management Agency (FEMA) says that just 1 inch of water can cause $25,000 worth of damage.  Their Cost of Flooding Tool illustrates how the cost increases as the water rises. 
 
Many think that they aren’t at risk for a flood loss, but water can come from many different sources.  This video from Channel 6 in Philadelphia shows how one water main break affected many homes along a city street.
We have seen an uptick of “100 year storms” over the last decade. In fact, 90% of natural disasters in the US involve some form of flooding. In the wake of Hurricane Ida, New Orleans once again suffered extensive damage to hundreds of its homes and businesses.
 
Water losses like these are not covered by standard insurance.  Property policies exclude damage caused by flood, surface water, ground water and drain backups.  Unfortunately, many of us don’t realize this until it’s too late.  Flood insurance will help to cover these losses.  Most flood insurance is written through the National Flood Insurance Program or NFIP, which is managed by FEMA.  These policies provide important coverage, but they do have their limitations.  For example, NFIP Flood policies include a very specific trigger: a flood is an excess of water on land that is normally dry, affecting two or more acres of land or two or more properties. This means that a flood has to impact more than just you (unless you have more than 2 acres) in order to be covered. 
 
The policy is broken into 2 parts:  the first for coverage of the Building structure and all permanently affixed items (i.e. appliances, windows, etc.) and the second for the Contents within, such as furniture and computers. However, the maximum limits available under the NFIP are:
 
Commercial properties:  $500,000 for the building and $500,000 for contents
Residential properties:  $250,000 for the building and $100,000 for contents
 
The NFIP also requires a waiting period of 30-days before the coverage can begin, unless the coverage is required by your bank.  In order to close gaps in the NFIP for larger exposures, excess coverage limits can be purchased in the private insurance market.  Some carriers will also add Flood coverage to Property policies for larger buildings.   
 
Floods can affect us all, and Flood insurance should be heavily considered regardless of your proximity to water.  In the event that you do not currently have this coverage and are not sure if it makes sense for your business, please reach out to Brock-Norton for a free risk analysis. ​
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Independent Contractor or Employee Part 2 – Insurance Implications

7/22/2021

 
Written by: ​Jimmy Norton, CPCU
The Independent Contractor vs Employee discussion never ends!  In a prior post, I wrote about State and Federal efforts to crack down on Employee misclassification.  As of July 1, 2020, a new Virginia law declared that all workers are considered Employees and employers must prove their workers are Independent Contractors.  If they cannot offer such proof, then employers must pay for prior wages, benefits and payroll taxes. 
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The Unknown Future of Cyber Insurance

7/6/2021

 
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The cyber liability market has changed drastically over the last decade and so has our dependence on technology. As the world progresses to be even more digital, protecting the privacy of individuals and corporations alike, will likely be a continuously daunting task. Although the average premium for a small business cyber policy is $2,000/year, the average cost of a cyber claim could be 20 times that cost. This discrepancy is causing carriers to recoil or exit the market entirely. So where does that leave insureds who are required to carry the coverage, sometimes in towers of $5m or more? Check out this great article from Big I that delves into some of the most recent attacks and their impact on the market as a whole, as well as how unpredictable these claims may be in the future.
 
https://www.iamagazine.com/markets/will-cyber-liability-be-an-insurable-risk-in-10-years

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Restaurant Revitalization Fund

7/2/2021

 
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Restaurants are more than just a place to grab a bite to eat or have a drink after a long day. Many serve as the backdrop for celebrating our biggest milestones and connecting with friends and family. Restaurants are embedded into American culture and allow us to experience the culinary traditions of the immigrant communities that are now woven into the fabric of this country. Although we lost many to the pandemic, communities across the country doordashed, grubhubbed and uber ate as much as possible to help keep these cherished establishments afloat.
 
Now, the government is stepping in to do more. Through the lobbying efforts of the National Restaurant Association, the Small Business Administration has released its first $2 billion in Restaurant Revitalization Funds as part of the American Rescue Plan Act of 2021.   If you are a restaurant owner and were not eligible for PPP funds, you may be eligible for RRF proceeds. To find out more, please follow the link for additional program details, applications and answers to frequently asked questions. https://www.sba.gov/funding-programs/loans/covid-19-relief-options/restaurant-revitalization-fund#section-header-2
 
Quick Fact Sheet - https://restaurant.org/downloads/pdfs/business/faq_revitalization_grants

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Postal Service Delays

3/24/2021

 
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​​​Due to the impact of COVID-19, the US Postal Service is experiencing unprecedented volume increases and limited employee availability. As a result, important insurance documents, including bills and payments by check could be delayed. Mail delays have resulted in the cancellation or non-renewal of insurance policies for non-payment. This can happen because bills are not being delivered in a timely manner and vice versa for the payments. Most of the time insurance agency are willing to work with clients to address the late payment resulting from the mail delays. Below are a few steps you are able to take to protect yourself.
 
  1. Know when your payments are due: It would be best to call your insurance agent as soon as possible if you have not received your bill or not sure when your payment is due or how much you are obligated to pay. Also find out when your payments are due, how much you must pay, and where/how payments can be made. Please make sure that when you make that phone call that you keep a record of the date and time you made the call, the information you were/are given, and the name of the person you spoke with. 

  2. Sign up for electronic notices and billing if your insurance agency allows it: Get in contact with your insurer to see if you can sign up for an online receipt of notices and bills so you do not have to wait on the mail. Some insurance agencies will be able to provide both a paper and online notices and bills if you ask them to.

  3. Pay online, by phone or in person if available: Many insurance agency and agencies have many electronic payment methods available to you. They may be able to accept they payments by credit cards or debit cards over the phone or their website or and app if they have one. Please remember to never give out your personal information, including policy information or financial information with someone who calls you! If you were able to make an electronic payment, make sure that your write down confirmation numbers, print your receipts or take a screen shot of the payment confirmation as evidence of your payment.

  4. Consider setting up automatic payments from your bank account: If you are one to pay your insurance by recurring payments, it would be best if you were able to talk to your bank and insurance agency about how to set up automatic payments from your bank account. Some places don’t have this option, but it would be worth a phone call to see if it is a possibility.  

  5. Make sure you have proof of payment/mailing: If none of the options above work for you and you must use the U.S. Postal Services to make payments, allow additional time in mailing and protect yourself by using the priority mail service or by obtaining proof of mailing (i.e., a receipt). Proof of mailing costs around $1.50. If you need more information about certificates of mail can be found here: https://faq.usps.com/s/article/Certificate-of-Mailing-The-Basics.
 
 

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Independent Contractor or Employee – Better Be Sure

2/12/2021

 
Written by: ​Jimmy Norton, CPCU
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Employees or independent contractors?  This question has confounded employers, accountants, tax collectors and regulators for years.  Each option offers benefits and challenges.  Companies often classify their workers as independent contractors (1099s) to avoid the added expense of payroll taxes, employee benefits, unemployment, and additional insurance costs.  Unfortunately, the paper classification frequently does not describe the true relationship. 

This past year, several states and the Federal Government took steps to clarify the distinction between the two worker categories.  Regulators want to capture lost tax revenue and help workers regain entitlements lost due to misclassification by employers

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Virginia passed two laws in 2020:
  1. Effective July 1,2020, workers can sue their employers for past wages, benefits and other compensation.  Under this law, all workers are considered employees, and employers must prove that they are independent contractors to avoid liability for the prior expenses.
  2. The second law went into effect on Jan 1, 2021.  It prohibits employee misclassification and allows the Virginia Department of Taxation to impose civil penalties for violations. 
 
Who determines whom is what?

The Virginia laws use the IRS test to determine the correct classification. 


According to the IRS, “The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.”

Alternately, they use the common law definition of employee as anyone performing services for you “if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed.”

The degree of control and independence can vary and create a huge gray area.  Businesses must weigh several factors which the IRS organizes into 3 categories:
  1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
  2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
  3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
 
Washington DC uses the following:
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The ordinary rules of common law relative to "master and servant" apply in defining  employers and employees. In determining who is an employee and who is an independent contractor, the Department of Employment Services considers the following:
  • Who has the right to supervise regarding the means by which the intermediate work should be done?
  • What is the method of compensation?
  • Is the individual providing service engaged in an independent trade, occupation, profession or business?

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Maryland’s Department of Labor uses similar standards to determine the difference between employee and independent contractor.  Their definition specifically cites the “right to discharge” as a distinguishing factor of the employer-employee relationship.  

The Department of Labor is also trying to “simplify” matters with its own updated Final Rule on Independent Contractor Status under the Fair Labor Standards Act , announced on January 6, 2021.  This rule is currently under review with a proposed effective date of May 7, 2021. 
 
The DOL rule relies on the core factors of 1) degree of employer’s control over the work and 2) the worker’s opportunity for profit or loss.  If those two factors don’t agree on the same classification, the Rule lays three additional factors: 
  • “The amount of skill required for the work.
  • The degree of permanence of the working relationship between the worker and the potential employer.
  • Whether the work is part of an integrated unit of production.”
 
Is there an insurance implication?  We will delve into that in our next post.  For now, take time to review the relationship with your workers.  Using the definitions above, how would you classify them?

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U.S. Department of Labor’s OSHA Announces $3,403,139 In Coronavirus Violations

1/13/2021

 
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The Federal Government is taking Covid-19 protections seriously and holding companies accountable for the safety of their employees. They have issued citations from around 255 inspections that they carried out. The penalties from those inspections were totaling $3,403,139. We at Brock-Norton wanted to pass this info along to keep you informed.
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What Does the New Stimulus Package Means for Businesses?

12/31/2020

 
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Congress has recently passed the COVID Relief Bill which extends portions of the CARES Act that was passed in March. As part of the relief for small businesses, a second draw option for PPP loans may be available to you. Many are still combing through the full text of legislation to provide clarity on the bill. We at Brock-Norton understand these changes may impact your business and are working to provide resources as they are made available. For a concise breakdown of the COVID relief bill, please click on the link below to read the FAQs from the United States Chamber of Commerce.
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To Cover Or Not To Cover:

11/19/2020

 
How US courts are addressing COVID-19 claims
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Over the past few months, insurance carriers have asserted that the virus exclusion and the definition of “direct physical loss” were the determining factors for throwing out thousands of business interruption cases due to Government sanctioned COVID-19 closures. But as Wakefern Food Corp v. Liberty Mutual Fire Insurance Co. demonstrated, loss of physical functionality and use does constitute a covered loss. So, what does this new precedent mean for the other 1200+ cases making their way through the US court system?

Both the plaintiffs and the defendants in these cases are relying on precedence to sway the court to rule in their favor. But, as insurance contracts are contracts of adhesion, any ambiguity in the language is in favor of the party that did not write the terms, i.e. the business owners. The implication is then, hundreds of thousands of denied claims may be reversed. As this was never the intention of the business interruption endorsement on the policy, what are the consequences for the insurance industry in total?

Click below to look at the article below from PropertyCasualty360 that breaks down the case findings in the context of the policy language. 
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Want to learn more? Check out our blog page at www.brocknorton.com

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A message to our valued clients:

10/9/2020

 
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COVID-19 continues to affect us all.  Here are Brock-Norton we are committed to keeping our clients abreast of any updates or resources that we can provide during this challenging time. As you are aware, the outbreak of COVID-19 has placed considerable stress not only on individuals and families but the business community as well. We know many are concerned about cash-flow and future revenue. If your business has been adversely impacted by the coronavirus pandemic, here are a few things we can do to help:
 
  1. Reach out to carrier partners to discuss flexible premium payment options.   Several carriers have been waiving late fees and offering extensions on due dates.  We can contact your carrier to see what payment arrangements can be made for you.
 
  1. Update policy payroll and sales exposures to reflect the quarantine’s effect on your business.  Many policy premiums are based on payroll and gross sales estimates.  If you had to lay off or furlough employees due to the closures or had a reduction in work available for current staff, your gross payrolls will decrease.  We can review your policies to determine if any adjustments are needed that can reduce your premium.  Insurance carriers have started discounting furlough payroll from Work Comp audits.  See our post, Pandemic Payroll Tips for Work Comp Audits, for more info. 
 
  1. Provide recommendations for vendors offering short term lending or loans to assist you in maintaining operations. We have information from companies like Heartland, Complete Business Capital, and the SBA that can provide financial assistance via loans for business owners. Please note that we have no control over any terms or acceptance for any financial products.  We are simply here to provide the information if you choose to pursue that avenue.
 
  1. Speak to you about your coverages and how they may respond to claims related to the Coronavirus pandemic. We always strive to help you understand your coverages and how they protect your most valuable investments. We are happy to discuss coverage scenarios and review individual policy language. As always, we cannot guarantee coverage of any claim as the ultimate decision resides with the carriers and/or courts within your jurisdiction.  Please see our article on The Effects of Coronavirus on Your Business for additional information.  
 
We understand that these are unprecedented times and require unprecedented solutions. We hope that you will look for opportunities to stay positive and spread love and joy wherever and whenever possible. If you can stay quarantined, please do so out of consideration for healthcare workers and those with compromised immune systems. We will continue to provide resources as they become available.

Please do not hesitate to reach out to us if we can be of further assistance. We appreciate your time and look forward to continuing to be of service.

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Financial Safety for Travelers

8/31/2020

 
By; Marie White
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Travel Smarts for Your Money and Identity

Thieves love tourists. It’s nothing personal. They’re just looking for an easy target – someone who’s carrying cash and credit cards, tablets and cameras, passports and other identification, all while being distracted by the new sights and sounds all around them.
 
So how do you take it all in without allowing a thief to take off with your money, identity and other valuables? These five travel tips should help:
 
  1. Stay aware of your surroundings. This applies to all situations, from your hotel room to crowded public spaces. If a stranger bumps you, check your belongings immediately, even if it seemed accidental. Also use caution if you notice a public disturbance or other commotion – thieves appreciate a good distraction.
 
  1. Watch out for digital thieves, too. If you use public wi-fi, only visit secure sites (addresses starting with “https”), and log out of accounts after each session. Need cash from an ATM? Paying for gas at the pump? Watch for “skimmer” devices designed to steal your information. They can be hard to detect, so look for card readers that don’t seem to match the rest of the machine.

  2. Lock up your devices. Make sure your smartphone, computer and tablet all require secure passwords for access. Otherwise, a thief who makes off with your electronics could also make off with your personal information. Leaving devices behind at the hotel? Store them in your hotel room safe.
 
  1. Always have some cash. There are situations where cash is just better than credit. If a merchant or barista just doesn’t seem trustworthy, use cash. Credit cards are best when you know the location is secure, such as at an airport or chain store, or when you want the purchase protection your card offers for a big-ticket item.
 
  1. Think about home. Don’t let burglars ruin your return from vacation. Stop your mail and newspaper delivery, put some lights on timers and make your {city, state or region} home looks occupied. Just in case someone does get in, keep your documents and valuables in a secure area. 
 
Remember, travel is supposed to be fun! Taking just a few common sense precautions will help make sure you’re free to wander without worry. ​

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Pandemic Payroll Tips for Work Comp Audits

8/31/2020

 
By Jimmy Norton, CPCU
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The COVID-19 pandemic has affected us all in dramatic ways.  Companies have closed their doors or reduced operations out of public health concerns.  Employees were furloughed or laid off until businesses could operate safely.  Fortunately, disaster assistance programs like the PPP helped employers keep people on the payroll during the pandemic. 
 
If you carry a Workers’ Compensation policy, you will soon face your annual audit.  The Insurance Auditor will want to see your actual payroll records for the policy term.  Here are a few important things to remember if you paid employees to stay home or perform different duties. 
 
Workers’ Compensation policy premiums are based on gross payroll assigned to different classifications based on the type of work performed.  Each classification carries a different rate based on the hazards associated with it.  How do you classify an employee who sits home while on a paid furlough from work?  Ratemakers in the insurance industry feel they have an answer to this question.  The National Council on Compensation Insurance (NCCI) announced that payroll for paid furloughed employees can be classified under a special code – 0012.   This rule was put in place effective 3/1/20 and will run until 12/31/20.  This expiration may be extended depending on the circumstances. 
 
In addition to furloughs, many companies have had to dramatically alter their operations due COVID.  If employees were placed in new roles during this time, then companies may be able to reclassify them into different categories.  For example, a salesperson moved from outside sales to inside sales while quarantining at home.  Chesapeake Employers Insurance provides other examples:
 
EXAMPLE: A retail store that remains open for delivery of goods but closes the showroom to consumers. Several of the retail showroom employees work from home to assist with phone orders, customer service calls, and related clerical paperwork. These employees may be reassigned to Code 8871—Clerical Telecommuter Employees. In addition, this same employer has other showroom employees delivering goods to customers. These employees would be reassigned to Code 7380—Drivers, Chauffeurs, Messengers, and Their Helpers NOC—Commercial while they are in their new role as delivery drivers. In both situations, the employees’ original job descriptions were included in the applicable store code, but their new job descriptions place them in a new code. Once the employees return to their former roles after the pandemic has passed, their payroll would return to the store code that was assigned before the employer closed the showroom.
 
In many cases, employees performing more hazardous work will be assigned to less hazardous work due to a change in the company operations.  This means that employee’s payroll will go from a higher Work Comp rate to a lower Work Comp rate. 
 
It will be important to notify Insurance Auditors about changes in employee duties as well as paid employees who stayed home on furlough.  Auditors WILL REQUIRE that companies maintain separate payroll records, so make sure to start tracking this now.  It will be much easier to track the changes now than to have to look back and recalculate at audit time.  As with any audit, if separate payroll records are not maintained, then employee payroll is assigned to the highest rated applicable classification. 
 
Good luck and please contact us here at Brock-Norton if you have any questions. 
 
For more information on NCCI’s changes, you can visit their COVID-19 page here:  https://www.ncci.com/Articles/Pages/Insights-Coronavirus-FAQs.aspx
 

Brock-Norton’s website has other COVID-19 information and resources, too.  http://www.brocknorton.com/covid-19.html


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Are you ready to reopen safely?

6/15/2020

 
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​Businesses all over the Washington Metropolitan area preparing to re-open and we want to make sure you are ready. Brock-Norton has created a “Re-Opening” Handbook to help you plan and manage re-opening in accordance to State and CDC Guidelines for the safety and well being of your employees and customers alike. This handbook contains provisions on cleaning, social-distancing and state specific information (MD, DC and VA) to help you get back to business. For additional information and resources, please visit our “COVID-19 Resource Page” on www.brocknorton.com.

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Wait, Don't Click That!

4/15/2020

 

Written by: Venee Galloway, SBCS, CLCS, CBIA
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With the COVID-19 epidemic sweeping across the globe, more and more businesses are using technology to carryout tasks.  Aside from the increased use of web conferencing platforms and online adherence software, everyone is seeing an uptick in emails. Inboxes are now inundated with messages from vendors, clients and colleagues all sharing COVID-19 related information to help sustain your business during this time.
Unfortunately, hackers are taking advantage of the situation.  There have been marked increases in the number of cyber attacks on US businesses. According to Evolve, a leading Cyber Liability managing general agent (MGA), over 4000 fraudulent domains containing the words “COVID and/or Corona” have been registered. These domains are, without a doubt, going to be used to execute phishing and ransomware attacks by posing as recognizable businesses and organizations.
On March 15, 2020 the US Department of Health and Human Services reported that a distributed denial of service (DDOS) attack had been leveled against their website. In Italy, the same type of attack took down their Social Security website preventing citizens from applying for their €600 relief payments. Now that we are aware of the increased potential for a breach, we want to help you to protect your systems and data from unauthorized capture.

Multi Factor Authentication – If you are not using MFA to secure your logins, then there is no time like the present. MFA adds an additional step to ensure that only authorized users are logging into your systems and applications. Many banks and social media sites have already implemented MFA, and we recommend doing the same wherever and whenever possible. Typically, once you have logged into an application with MFA, you will receive a text or email to a separate account with a validation code. That code is then entered into the application to confirm and grant access

Phishing – Phishing is a way for hackers to infiltrate a network with fraudulent emails or text messages that appear to come from legitimate users. For example, you may get an email that appears to come  from within your organization or from an existing vendor.  Always be sure to trust your instincts. If something looks off, then it probably is. Before opening any attachments, always verify the sender by clicking their name to view the full email address. See the example below provided by FTC.gov: 
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This email looks legitimate at first glance, but, upon closer inspection, you will notice several things are off. Bad grammar and misspellings are often prevalent in Phishing emails or texts. Check to see if your name is missing or a generic greeting is used. Usually if you have an account, your name and account details will be included. In the example above, the scammer used the greeting, “Hi Dear” which should immediately tip off the receiver. Also pay attention to the contact listed, does it contains an email address suffix that is not common (.in, .com.co, etc.) or a phone number that is international? If so, chances are it is designed to be a scam. When in doubt, call and verify if the correspondence is legitimate using a number you have used previously or one located on the legitimate website.

Be Proactive – The best way to prevent a cyber attack is to be proactive. Make sure you change your passwords often and keep your system, antivirus and malware detection software up to date. If you receive a suspicious email, reach out to the sender to verify their identity BEFORE clicking on any links or attachments. Purchase a cyber liability policy and speak to your Agent about other cyber-crime coverages that may help you restore your service faster in the event of a breach.

Although some criminals are always looking to capitalize in a crisis current situation, we want you to know there are countless others who want to help. For more information on phishing and how to protect yourself from email scams, please review the link below from the Federal Trade Commission on “How to Recognize and Avoid Phishing Scams”: https://www.consumer.ftc.gov/articles/how-recognize-and-avoid-phishing-scams
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The Effects of Coronavirus on your Business

3/10/2020

 
Written By: Jimmy Norton, CPCU
COVID-19 has arrived here in the US, and people are wondering how it will affect them.   At this point, the CDC says that "the immediate risk of being exposed to the virus that causes COVID-19 is thought to be low."  However, public reaction to the threat of a pandemic can negatively affect your business. Several of my clients are asking how their business insurance will protect them.
 
The spread of Coronavirus is a developing situation, so things may change quickly.  Please monitor the CDC website closely for updates.
I've been studying insurance industry articles on how different policies may respond to Coronavirus-related claims.  Naturally, coverage for any claim depends upon the specific circumstances. Please don't interpret this article as proof positive of any insurance protection.  These are just my thoughts as I study this topic.
 
LOSS OF REVENUE
Fear of infection may keep people at home.  If people aren't going out to meet, eat, shop and exercise, then revenue will decrease.  The insurance industry treats this as a business risk and cannot provide coverage against this financial loss.  Insurance policies require that there be some physical damage or Government mandate to trigger coverage.  
 
Business Interruption insurance covers loss of net income and continuing operating expenses if your business cannot operate after a loss.  This coverage requires that there be a direct, physical loss at your premises - or at the premises of a business on which your company revenue depends.  The presence of an infectious disease may not be considered direct, physical damage and therefore not trigger the Business Interruption coverage.  
 
Moreover, many Property policies contain exclusions for viruses and bacteria, so these will prevent coverage for most Coronavirus-related Interruption claims.
 
A company may not suffer a direct physical loss, but its income can be affected if public access is restricted due to the mandate of a Civil Authority.  There is an insurance coverage that applies to this - aptly named "Business Income due to Civil Authority." It requires that access to your premises be specifically prohibited by order of a civil authority "as the direct result of a Covered Cause of Loss to property in the immediate area" of your premises.  If the Government states that people cannot go to certain establishments or areas, then it's possible that this coverage could apply. Again, the Coronavirus infection trigger would have to meet your policy definition of "covered cause of loss." If your policy has a virus exclusion, then it may apply here, too.
 
 
WORKERS COMPENSATION
What if my employees get Coronavirus while at work?  State Work Comp Commissions may have to decide the answer to this question.  If an employee files a Work Comp claim for Coronavirus, they would need to show that illness "arose out of and was in the course and scope of the employment" and "caused by conditions peculiar" to the work.  In a public health situation, it might be difficult to prove that the employee's exposure to Covid-19 was peculiar to their employment for your company - unless you are in a healthcare-related industry. In the event of such a claim, your Work Comp carrier would investigate and either grant benefits or issue a denial based on the Work Comp laws of your state.  
 
Here is a great article about this topic if you'd like to read a little more about it.
 
 
LIABILITY
How could your company be sued as a result of a Coronavirus infection?  Would General Liability provide coverage if someone alleges that they were infected at my business?  Such a claim might be difficult to prove due to the very public nature of this virus. However, people have sued for worse reasons.  General Liability policies respond to bodily injury or illness claims. Many GL policies contain an exclusion for communicable diseases that would prevent coverage for such a claim.  Check your policy or ask your Agent if yours includes such an exclusion.
 
Fear of the disease may bring claims of discrimination or harassment by individuals who were denied services from your business.  Employees with a cough may be ostracized or sent home out of fear of infecting the rest of the office. Asian-Americans have been victimized by racist and discriminatory attacks. 
 
Allegations of discrimination and harassment are covered under an Employment Practices Liability policy.  We have a blog post on this coverage. Click here for further reading.
 
 
CYBER 
Beware of emails purporting to be from the World Health Organization (WHO) or other agencies asking for sensitive information or directing you to websites with important virus information.  These emails may contain attachments or links for "important updates." Hackers are taking advantage of public concern over Coronavirus. The links and attachments may release ransomware onto your computer.  
 
The WHO issued a warning about this on their website. 
 
Their warning states:
 
The World Health Organization will:  
 
  • never ask you to login to view safety information
  • never email attachments you didn’t ask for
  • never ask you to visit a link outside of www.who.int 
  • never charge money to apply for a job, register for a conference, or reserve a hotel
  • never conduct lotteries or offer prizes, grants, certificates or funding through email
  • never ask you to donate directly to emergency response plans or funding appeals.
 
Beware that criminals use email, websites, phone calls, text messages, and even fax messages for their scams.
 
You can verify if communication is legit by contacting WHO directly.
 
Contact WHO
Report a scam
 
A Cyber Liability policy that includes coverage for Cyber Extortion will respond to claims from a ransomware attack.  Check your policy or ask your Agent about including the coverage in your policy.
 
(source: https://www.corvusinsurance.com/news-and-insights/the-cyber-threat-of-covid-19/?utm_content=119940438&utm_medium=social&utm_source=linkedin&hss_channel=lcp-16190758)
 
 
MAKE PLANS NOW, DON'T RELY ON INSURANCE
The best way to prevent or minimize a loss is to plan ahead.  As you've seen in my comments above, you may not be able to rely on an insurance policy to repay you for a Coronavirus-related loss.  Risk Management will be your best defense. The CDC has a web page that provides guidance for businesses and employers to plan and respond to this disease.  This is a good place to start. 
 
If you send your employees on travel, be sure to check the CDC's Travelers' Health page first.
 
We'll be sure to update you as we learn more about this issue.  If you have any questions, please contact us here at Brock-Norton Insurance. 
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Audit Survival Guide

2/13/2020

 
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"Insurance audits are the best!" said no one ever.  As an Insurance Agent, I realize this fact of life and have dedicated myself to improving the audit experience from "wretched" to just "mildly annoying." 
 
Workers' Compensation policy premiums are based on "remuneration" (explained below).  You pay your initial premium based on an estimate for the upcoming year.  Once the policy expires, the insurance company sends an Auditor to total the actual numbers for the period.  The insurance company then adjusts the premium based on the actual numbers vs the estimate.  If the actuals are higher, they send you a bill.  If the actuals are lower, you get a credit or a refund. 
 
General Liability (GL) policies are also based on estimated exposures including payroll, gross sales and subcontracted costs.  Other types of policies can be audited as well.  This discussion focuses mainly on Work Comp.  
 
The best approach to an audit is prepare, prepare, prepare!  Auditors are people, too.  They don't want to sit there for a prolonged interview any more than you do.  They are often juggling busy schedules and need to get to their next appointments.  The more homework you do in advance; the shorter and sweeter the audit experience will be.  I promise!
 
Your Auditor will send a letter asking for specific reports, including:
  • Quarterly IRS 941s
  • State Unemployment reports
  • Payroll Summary for the time period
  • Profit and Loss statement
  • Schedule of 1099/Independent Contractor payments
  • Certificates of Insurance for the 1099s/Contractors paid during the term 

TIP:  Respond to the audit request!  If they don't hear back from you, they will return the audit as NONCOMPLIANT.  Insurance companies assess Audit Noncompliance Charges, which can be flat fees or a multiplying factor of the policy payroll.  Essentially, they double your premium and send you the bill. 
 
Many factors go into that final audit number.  Here's a few to keep in mind:
 
 Remuneration 
Policy premiums are not based just on gross pay.  Remuneration also includes bonuses, overtime, commissions, sick pay and vacation pay.  Include those numbers in your payroll summaries.
 
TIP:  Separate Overtime!  When summarizing total remuneration for the Auditor, be sure to break out Overtime.  Auditors reduce the Overtime number back down to straight pay for the audit.  If you lump OT in with the rest of the payroll figures, then you won't receive the benefit of that deduction.  They need to see a record of it, however.  They won't just take it on faith. 
 
 
Class Codes
On Work Comp and General Liability policies, employees are grouped into different class codes according to their duties.  Each class code carries a different rate based on the history of claims paid for that work.  Familiarize yourself with the class codes used in your industry.  Summarize your employees & payroll by class code in advance.  Auditors check to make sure that employees are classified correctly.  They will ask you to describe their duties, and they WILL make changes based on the info that you give them.  Those changes could result in a huge audit bill.  If you've summarized the employees by duties in advance, then it will help to reduce the questioning. 
 
TIP:  Document hours worked for different jobs!  Employees' work is often a mix between high hazard and low hazard.  Insurance companies will lump all of the payroll into the highest hazard code.  Some class codes do allow for a split between individual employees or crews.  Make sure you can document the hours worked on the high hazard vs the low hazard.  Auditors will not split anything without documentation to back it up. 
 
 
 
Subcontractors
If you use subcontractors in your business, make sure they provide you with a Certificate of Insurance (COI) that shows Work Comp and General Liability insurance.  If your Sub does not have their own coverage, then the insurance company will add their cost to your policy premium basis.  Some Subs are individuals and often not legally required to carry Work Comp.  That doesn't matter to the insurance company.  That Sub could file a claim against your policy if they are injured while working for you.  Insurance companies need to charge premium for that exposure. 
 
Uninsured sub costs will create big audit bills for you.  Uninsured sub claims will go on your policy record and affect your rates for years to come.  Make them carry their own coverage, so their company will pay the claim - not yours.
 
Please refer to our Workers Compensation Audits youtube video for more information about this topic: Youtube.com/Insurance-in-an-instant 
 
I'm just scratching the surface here, but hopefully this information will help you when the Auditor comes a-calling.  Please don't hesitate to reach out to us if you have any questions.  Good luck!!  


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Protect Your Pets

1/16/2020

 
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Here at Brock-Norton Insurance Agency we all love our pets. Almost everyone in the office has a pet, and we would do anything to make sure our pets are happy and healthy.  As pet owners, we know that costs for Veterinary visits can be unpredictable.*

There are many reasons for the bill for your pet’s exam to be expensive. Your bill can include charges for:
  • Professional services, which may include the physical exam, medical exam, extended exam, and hospitalization patient exam. 
  • Diagnostic services, which may include blood pressure evaluation and more. 
  • Diagnostic imaging services, which could range from ultrasounds to radiographs. 
  • Lab work services, which may include collecting labs, running, and analyzing samples that test the blood chemistry for leukemia, other types of cancer, heartworms, thyroid, immunity, and much more. 
  • Surgical Procedures. 
  • Anesthesia for procedures, which could include intubation and monitoring.
  • Hospitalization services, which could possibly include overnight stays, inpatient monitoring and more. 

To go into some depth about the average costs of vet visits, most routine physical exams cost around $45 to $55. Most of the times those exams will include routine vaccinations. The average costs of those vaccinations per shot are between $15 and $28. Here are some additional costs for tests and services; 
  • Fecal Exams: $25-$45
  • Heartworm Tests: $45-$50
  • Dental Cleaning: $70-$400
  • Allergy Testing: $195-$200 for skin test and $200-$300 for blood test
  • Geriatric Screening: $85-$110

On average, the typical vet visit for dogs will cost between $200-$400 and $90-$200 for cats.  If an illness is discovered, the costs increase.  For example, if your dog’s heartworm test is positive, the treatment could cost between $400 and $1,000. Emergency treatment is another expense that can quickly add up and run up past $1,000. 
​(Source: Wellness Pet Food, https://www.wellnesspetfood.com/our-community/wellness-blog/average-cost-taking-your-pet-veterinarian). 
 
Pet Insurance is an option to help control these costs.  Safeco Insurance Company offers an affordable Pet Insurance policy. 
From Safeco website (https://www.safeco.com/products/pet-health-insurance)

Coverage for Your Pets
  • Coverage available for accidents and illness with the option of adding preventive care coverage at an additional cost.
  • Choose from a range of different annual limits, deductibles, and reimbursement percentages.
  • You'll have the freedom to choose any veterinarian, specialist, or emergency clinic.
  • No waiting period for Preventive Care.
 
Dig Deeper Into the Details
  • Annual coverage limit options of $2,500, $5,000, $10,000, or $15,000.
  • Annual deductible options of $100, $250, or $500.
  • Reimbursement options of 70%, 80%, or 90% of eligible charges.
  • Discounts are available for multiple pets.
  • Add Preventive Care coverage to your policy for dental cleanings, wellness exams, heartworm tests, DHLPP vaccines, and more.
 
Call us or email us for more information. We'll be happy to run some quotes for you. 
 
*Keep in mind that is it possible for the vest costs to vary greatly depending on where you live*

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FIRE SAFETY

12/17/2019

 
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The holidays are a time of joy but also a time of increased fire hazards.  We have candles, family dinners, Christmas trees, Menorahs and chestnuts roasting on an open fire.  Brock-Norton wants to make sure everyone stays safe this holiday season.  If a fire starts, be sure everyone knows how to use the extinguisher.  Here are some key tips provided by Builders Mutual Insurance Company (www.bmico.com).

 


Be sure everyone on the job-site knows how to use a fire extinguisher. It’s easy to PASS the test!
​
·         Pull the pin.
·         Aim low at the base of the fire.
·         Squeeze the handle slowly.
​·         Sweep the nozzle from side to side.

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"I'VE HIT A DEER WITH MY CAR! WHAT SHOULD I DO NOW?”

11/5/2019

 
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This is unfortunately a common phrase, especially in some parts of the United States.
 
Every year, deer collisions take place all across the country and are more likely during the hours around dawn and dusk. They have increased in recent decades, thanks to a combination of growing deer populations, shrinking habitat, and increasing suburban development, all of which make the chances of hitting a deer even more likely.
 
No matter where or when you hit a deer, you may have questions about the best way to respond. Learn what you should do (and not do) if you strike a deer with your car.
 
1. Move Your Vehicle to a Safe Spot
 
After you hit a deer, find a safe spot by the side of the road and move your vehicle. Turn on your hazard lights so you're visible to other motorists, and be sure that you're out of the path of traffic from both directions. If it’s foggy with low visibility, leave your lights on, but don’t turn on your hazard lights while parked. Once you're safely parked, ensure that you or your passengers haven't sustained any injuries.
 
2. Call the Police
 
While it might be tempting to immediately jump out and check on the deer or see if there's damage to your car, resist the urge. Stay in the vehicle with flashers on while safely parked off the roadway. Call the police and let them know you've hit a deer. The 911 dispatcher will alert the proper law enforcement authorities to assist you. Be sure to let the dispatcher know if the deer is blocking traffic or poses a potential threat to other drivers. Remember, laws about accident reporting vary from state to state, so don't skip this important phone call.
 
3. Document the Situation
 
If you can safely leave the car, take pictures to document the scene. Snap photos of:
Damage to your car such as loose parts, leaking fluid, broken lights, or tire damage.
The roadway and surroundings (including the deer) where the accident took place.
Injuries sustained by yourself or your passengers.
 
If any witnesses are on the scene, get their contact information and document their impression of the incident.
 
4. Don't Touch the Deer
 
Don't attempt to move the deer. Deer are strong and even an injured deer can have a powerful kick. Wait for the police to arrive.
 
5. Call Your Insurance Agent
 
Once you've filled out the police report, give your local insurance agent a call. They'll explain your options and coverage.
 
 
When driving, keep in mind that deer tend to be most active around dawn and dusk during the fall, and drive with extra caution during these times.

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TRAIN AND PREPARE YOUR EMPLOYEES TO STAY SAFE IN THE HEAT

7/16/2019

 
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The health and safety of your employees should be one of your biggest concerns when they are working outside in this summer heat. There are many things you as an employer can do to help prevent any incidents caused by the heat. Listed below are a few ways you can keep your employees safe out in the heat. 

• Provide access to water, rest and shade. 
• Schedule jobs to allow for rest or rotation of your employees.
• Schedule more physically demanding tasks during cooler times of the day.
• Train your employees to recognize heat illness symptoms and take preventative measures throughout the work day.
• Require employees to wear breathable, light clothing.
• Create and maintain an emergency action plan for heat emergencies. Communicate the plan to your employees.
• Provide first-aid training to your employees for heat emergencies.

Learn more about heat safety and download OSHA’s Heat Safety Smartphone App at www.osha.gov/heat.



These tips are provided by OSHA and Chesapeake Employers Insurance Company, www.ceiwc.com.

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LUXURY VINYL FLOORING CAN REDUCE REPLACEMENT COSTS AFTER A FLOOD

7/16/2019

 
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When your basement floods, the floor is the first thing that needs to be replaced. This is often the most expensive part of a water damage claim.  When considering flooring, it’s best to have something that durable and waterproof.  Any steps you can take to reduce the amount of a water claim will help protect your insurance rates in the long run.  

Elite Flooring Gallery (www.eliteflooringgallery.com) in Chantilly, Virginia is a client of ours, and they recommend Luxury Vinyl Flooring for basements.  It’s an affordable waterproof and moisture proof flooring option that has great warmth and texture underfoot. Luxury Vinyl Flooring comes in Luxury Vinyl Planks that look like hardwood and Luxury Vinyl Tile that looks like tile, natural stone and concrete. Both LVT and LVP are designed to hold up in spaces that may have moisture (such as basements, kitchens, and bathrooms). 

Advantages of LVF over other types of floorings: 
 
• More durable, holds up better to scratch 
• Waterproof and moisture proof 
• Costs less 
• Warmer on feet 
• Easier on feet 
• Less noisy 
• Won’t crack 
• Easier to clean 



Information © Elite Flooring Gallery

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PHISHING SCAMS: DON'T TAKE THE BAIT!

5/28/2019

 
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Phony emails have been streaming into our inboxes for years.  Why do we still get duped?  Scammers have crafted new ways to get our attention.  We will toss the email from the African Prince, but we jump on the message that comes from our bosses.  How do the scammers do it?

Sometimes, they use your own email system against you.

In April, a large nonprofit lost $21,000 to a scammer posing as their Executive Director.  They used the Director's email address to instruct staff to send payment via a doctored invoice with banking information.  They took the bait and sent the money.

Sometimes, they hide in plain sight.

An Engineering firm received an email invoice from a scammer pretending to be one of their suppliers.  The message said they had recently changed their billing procedures and now required  that all payments be made via ACH.  The email address included the Vendor company's name with a slight misspelling.  No one caught it.  The victim sent $21,000 to the bank account listed in the fraudulent email.

These scams go by many different names:  phishing, whaling, social engineering, deception fraud.  At their core, they involve trickery to entice the victim to send money via EFT.  


How do I protect myself?

Call the sender to verify their identity.  “Did you send this email asking me to pay $40,000 to Wayne Enterprises?”  Instituting a Call-Back Verification system will stop 99% of these scams dead in their tracks.

Educate Yourself. The Department of Homeland Security has a good Security Tip that explains how to avoid scams as well as steps to take if you do get fooled again.  


Am I insured?

Email fraud claims are often denied because policies include this exclusion (or one like it):

"We will not pay for loss or damage caused directly or indirectly by...
Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme, trick, device or false pretense."
Several insurance carriers have developed specialized endorsements to address this gap.  There is no industry standard for this coverage, so the endorsements go by different names.  Most companies call it Social Engineering Fraud.  Others call it Deception Fraud.  The forms define the loss as an intentional misleading by a person pretending to be a Vendor, Client, Employee through the use of communication (email).

Computer Fraud and Funds Transfer Fraud are separate coverages that SOUND like they would protect you from a deception loss.  However, they require that the thief hack into the victim's account themselves rather than fooling the victim into sending the transfer.

We are always available to answer your questions and make sure you have the right protection.  Reply to this email or call us at 703-631-4500 if you'd like more information about Cyber Crime insurance.

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BROCK-NORTON INSURANCE AGENCY SUPPORTS DISTRACTED DRIVING AWARENESS MONTH

4/19/2019

 
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April is Distracted Driving Awareness Month in Virginia. Brock-Norton Insurance Agency encourages its employees, and all other drivers, to put down the phone and buckle-up. 
 
Company officials say that Brock-Norton Insurance Agency will use Distracted Driving Awareness Month as an opportunity to remind motorists of the dangers of using a handheld phone while driving and other distracted driving behaviors.
 
“It’s not just texting and making phone calls,” said Jimmy Norton, CPCU ,Vice President. “Drivers are using apps like Facebook, Twitter, and Snapchat behind the wheel.”
 
Traffic safety researchers say using a smartphone while driving can be extremely dangerous because all three types of distraction – visual, manual, and cognitive – are involved.
 
Throughout April Brock-Norton Insurance Agency will remind employees that anything they do that diverts attention from the task of driving is potentially dangerous. Company officials say that occasional emails will be sent to employees reminding them that grooming, eating, adjusting the radio, etc. while driving are distractions that can contribute to a devastating crash.
 
“We want our employees to be safe on and off the job,” said Everett Brock, CPCU, President.
 
In 2017, 208 people were killed and more than 14,500 were injured in distraction-related traffic crashes in Virginia.  At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving.  Please don’t be one of them.
 
Other distractions, like eating, applying makeup, adjusting the radio or air conditioning, can also be dangerous.  Anything that draws your attention away from the task of driving is distracted driving and can cause a crash.
 
April is Distracted Driving Awareness Month in Virginia.  Because it involves cognitive, manual, and visual distraction, fiddling with your phone while driving is extremely dangerous.  We ask everyone to make a special effort to set the phone aside while driving. 
  
Also, please buckle-up. It’s your best defense against an impaired, reckless, or distracted driver.
We want you and your family to be safe on the road.   

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