Chapter 7,8 Insurance Considerations Assume the Worst Case Injuries/accidents Could the incident have been prevented through better training, preparation, or signage? In some cases, the answer is no That’s why you have insurance Litigious society People may see HF centers as prime targets for fraud Intentional slips/falls Purposely using faulty equipment Aquatic situations Types of Losses Property losses Building, equipment, furniture, inventory, money Fire, smoke, explosions, windstorms, hail, vandalism, etc. Insurance covers these incidents Consider amount of coverage by replacement costs vs. depreciated value Net income losses Facility closing due to an unforeseen event (fire) Cannot collect membership dues, open restaurant, conduct personal training, or any other service Consider amount of coverage for sustaining through repair period Liability losses An individual sues for alleged wrongdoing Bodily injury cases – CRUNCH FITNESS CASE http://www.fitnessmanagement.com/FM/tmpl/genPage.asp?p=/informatio n/articles/library/liability/guested0999.html Personnel losses Injury to employees – can be catastrophic Benefits of Insurance Provide payment for losses, allows for recovery from misfortune An absolute necessity in the HF business Fire can cause immediate unemployment and loss of all assets Insurance all but eliminates the concern because reconstruction can begin almost immediately Choosing a Carrier Find a broker Their job is to convince insurance carriers to accept the potential loss exposures of a business in exchange for the lowest premium payment Establish criteria for potential loss Identify which carrier is best prepared to cover the potential loss Make a presentation to a few companies outlining the exposures and requirements Play an active role in insurance premium negotiation Negotiate the final terms of premiums vs. coverage Determine Your Needs Along with the broker, evaluate total value of building, assets, net income loss, etc. Special services may not be covered unless it is specified in the policy Massage equipment, tanning beds Double check everything! Purchasing Insurance Consider the Market Buyer’s market vs. carrier’s market Shop for the right climate In carrier’s market, you may need to shop longer and more carefully Be thorough Fully understand all aspects of coverage Don’t take the broker’s work for it What’s the difference? Make sure policy outlines everything you need it to Negotiate Carriers will fight for such a large client, so use them as competition against each other Warning Signs (potential and current carrier) Premiums have risen significantly over the past few years Premiums are too good to be true May indicate poor management What’s the catch? Excessive delays in settling small claims Many complaints filed against company Unusually high rate of management turnover Downward trend in ratings Below average ratings in the most recent year by 2 or more top rating agencies Property and Casualty Insurance Package policy Building only Must have a separate policy for this – regular inspections are included Automobile Committed by employees or outsiders Extortion, robbery, theft, destruction, burglary, computer fraud, forgery Boiler and machinery Estimated from past financial statements – Fire sale anyone? Crime Protects from negligence Manage the exposure – pools, hot tubs, showers, floors, sidewalks Business interruption Furniture and fixtures, machinery and equipment, supplies General liability Additions, permanent fixtures, outdoor fixtures Contents only The whole deal Accidents in employee-driven vehicles – kids programs? Umbrella liability Provides excess coverage for general, auto, etc. Broader coverage policy Employee Insurance Worker’s Compensation Injury must cause an impairment Must be the result of an accidental or occupational disease Must be work related Worker’s compensation act Protects employer from fraud Can elect to be governed or not be governed by it If you elect no, you cannot use employee negligence as a defense for not paying worker’s compensation Employee Insurance Group Health Insurance Medical, Dental, Life and Disability Providers HMO’s vs. PPO’s HMO requires specific providers PPO’s allow employee to choose C.O.B.R.A. compliance Consolidated omnibus budget reconciliation act (1985 Protects employees against loss of health insurance due to job termination, death of spouse, divorce, etc. 18 months of coverage for employment termination Paid 100% by employee Someone within your organization must be in charge of administering COBRA coverage for eligible employees Life Insurance Whole Provides lifetime protection and is considered permanent insurance Term Coverage for a specified period (5-10 years) Bottom Line Become familiar with various insurance aspects before purchase Providers Policies Coverage options Legal considerations # of employees eligible Brokers