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Liability Insurance&
Best Practices When Working With Sub-Contractors
2nd Annual Oklahoma Excavators Safety Expo 2016Norman, OK
April 19th, 2016
FAMILY & BEDTIME
Josh DeBoerInsurance Advisor
Fred Daniel & Sons, Inc. andFounder
Oil Patch Insurance
cell: 918-504-6723emails: [email protected]
www.oilpatchinsurance.comwww.fdands.com
OPENING REMARKS02
Class General Overview03
Liability Exposures & Areas
of Concern
Assessment & Controls
Best Practices: Working with Sub-
Contractors
Coverage Highlights
Claims Quick Q & A
Risk Control Services
Liability Exposures & Areas Of Concern-Commercial Automobile-See handout
Significant Exposure to losses
Variety of Vehicles Used to Transport Employees, Materials, Equipment To Job Site, As Well As Sales and Other Business Support Functions.
04
05
Automobile Exposure Assessment Checklist Operations Drivers Vehicle Maintenance Vehicles Accident Reporting & Analysis
• Operations-Safety Policy
• Driver Qualification
• Driver Training & Supervision -Telematics (speeds, location, fuel consumption)
• Emergency Equipment
• Vehicle Maintenance & Inspection
• Accident Reporting, Recording and Analysis
Commercial Auto Exposure Controls
Liability Exposure Assessment Checklist
The following areas should be reviewed in order to assess the liability exposures of an excavation contractor.
11
• Jobsite Activities• Business Premises• Completed Operations• Environment Impairment
Risk Control 19
Excavation Contractors Liability Areas Of Concern 08
Utility Damage
Displacement Or Settlement Of Existing Structures
Blast Damage
Unmarked Excavations
Hazardous Tools & Equipment
Fire
Foundation Damage
Contaminated Fill
Liability Exposure Controls Overview-Operations 09
General
Site Prep
Utility Location
Existing Structures
Site Security
Barricades & Warnings
Mobile Equipment
Blasting
Tools
Housekeeping
Fire Prevention
Independent Contractors
Premises
Completed Operations
Environmental Impairment
Best Practices When Working With Sub-Contractors/Independent Contractors
10
Liability Exposures
Managing Subs
Contractor Selection
Contractual Agreements
Certificates of Insurance
20Working With Sub-Contractors
Contractual Agreements
Contractor Selection
Certificate of Insurance
(COI)
Comp Source Mutual No Longer Accepts Affidavit of Exempt Status
13 Property-Inland Marine Exposure Assessment & ControlsThe following areas should be reviewed:-Contractors Equipment-Business Interruption-Facility-Accounts Receivable and Valuable Papers/Records
C N A Coverage Highlights-Contractors Errors & Omissions and Pollution-Fills in the CGL Exclusions Gaps
14
• Claims alleging faulty workmanship, design errors or omissions, and the use of defective materials or products.
•Use of Building Information Modeling (BIM) systems
•Covers negligent acts, errors or omissions by the insured or a person acting on its behalf in the performance of design services.
•Worldwide coverage for claims brought in the U.S.Optional Extended Reporting Period for One to Five Years
C N A Coverage Highlights-Pollution Liability
Proactive coverage for mold
15
No exclusions for asbestos, respirable dust or silica
Coverage for pollution claims, including government-mandated clean-up costs
Contractors E &O and Pollution-CNA Coverage specifications 16
Availability-in all 50 states, D.C. and U.S. Territories (U.S. Virgin Islands Excluded)
Minimum premium (At $1MM limit)-$3,200 for Errors & Omissions only; $4,200 for E &O
and pollution combined
Minimum deductible-$3,000
Limits up to $5MM
Coverage-Excess & Surplus with CNA
Policy Options-E&O, Pollution liability, or combined policy
3 E&O and Pollution Claims Scenarios-See handout (page 2)
Faulty Workmanship
17
Defective Materials
Design
C N A Underground Utility Strike Claim Units 18
1. Incident-Cable line damage due to collapse of retaining wall under construction.
Demand from Utility Owner $200,000
Claim Outcome- Negotiated $10,000 settlement
2. Incident-Underground cable cut during excavation for sewer line.
Demand from Utility Owner $15,037
Claim Outcome-$0 paid-won case through arbitration
3. Phone line cut during auger boring operations.
Demand from Utility Owner $116,157
Claim Outcome-$8,078 payment accepted
RISK CONTROL-Technical Capabilities from Liberty Mutual-See handout 21
Essential Services-Corporate Safety Program Review
Managing Key Exposures-Assistance Developing Controls & Solutions
Pre-operational Safety Planning-Pre-construction planning-Phase planning-Task planning
Job Site Visits
RISK CONTROL-Technical Capabilities from Liberty Mutual-See handout 22
Cont….RISK CONTROL-Technical Capabilities from Liberty Mutual
Complimentary Safety Resources-Construction Safety Webinars and Seminars
Webinars and seminars are designed to cover key topics relevant to the risk and exposures common to contractors.
Risk Control Services Handouts 23
Risk Control Consulting Center-Liberty Mutual
Risk Control Services Bulletin-Liberty Mutual
Improving Workplace Safety-Liberty Mutual Safety Net
Trench Safety-Quarterly Newsletter
Trenches/Excavation/Shoring-Construction Safety Talks
Contact Information:Cell Phone: 918-504-6723
Office Number: 918-582-8206Emails: [email protected]
QUESTIONS?24
THANK YOU
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