VOLUME 1 - ISSUE 1 In This EditionLiability Checklist of Coverages for Private Security Agencies Guard Dog claim |
THE BESTGUARD NEWSLETTERWELCOME!Welcome to the very first issue of the BestGuard Newsletter, produced and distributed by Brownyard Programs, Ltd. We hope that you will find our newsletter interesting and informative. In this issue and future issues, we will try to focus on important insurance matters facing that the Private Security Industry. In particular, we will try and keep you abreast of the constantly changing legal liability landscape effecting security guard, private investigation and alarm companies today. We will share with you some funny, some sad and some horrific claim stories that dramatize the need for adequate & comprehensive liability insurance coverage in these litigious times. In this first issue, we will give you specific tips on what coverage you should make sure you have and what features and exclusions you should make sure you avoid when buying Commercial General Liability Insurance for your security company.
Liability Checklist of Coverages for Private Security AgenciesWhen selecting an insurance program it is important to recognize that not all liability policies for private security agencies are created equal, some liability polices are far superior to others - and they don't necessarily cost more. The following is a checklist of liability coverages you should make sure are included in your policy as well as a checklist of exclusions and other policy features that you should avoid at all costs. Liability Policy Checklist for Private Security Agencies
Warning! Warning! Private Security Agencies Liability Exclusion Checklist
Private Security Agencies Liability Policy Features to Avoid:
Guard Dog claim - Dog Destroys Elvis' Teddy Bear at MuseumA guard dog has ripped apart a collection of rare teddy bears, including one once owned by Elvis Presley, during a rampage at a children's musuem. "He just went beserk," said Daniel Medley, general manager of the Wookey Hole Caves near Wells, England where hundreds of bears were chewed up Tuesday night (08/01/06) by the 6 year old Doberman pinscher named Barney. Barney ripped the head off a brown stuffed bear once owned by the young Presley during the attack, leaving fluffy stuffing and bits of bears' limbs and heads on the museum floor. The bear, named Mabel, was made in 1909 by the German manufacturer Steiff. The collection, valued at more than $900,000, included a red bear made by Farnell in 1910 and a Bobby Bruin made by Merrythought in 1936. The bear with Elvis connections was owned by English aristocrat Benjamin Slade, who bought it at an Elvis memorabillia auction in Memphis, TN., and had loaned it to the museum. "I've spoken to the bear's owner and he is not very pleased at all," Medley said. A security guard at the museum, Greg West, said he spent several minutes chasing Barney before wrestling the dog to the ground. Souce: Associated Press (8/2/06)
Untested Conspiracy Theory Seeks to Expand DUI LiabilityIf an untested and novel legal theory succeeds, the wife and brother of a binge drinker with a string of drunken driving arrests could be held civilly liable for the death of a bicyclist because they supplied the car, insurance and alcohol to the driver. The Northern California case uses a conspiracy theory to expand third-party liability as a means to avoid traditional limits on culpability under state dram-shop laws. Dram-shop laws shield bar owners and social hosts from civil liability if they supply alcohol to a drinker who later causes a death. Although the theory may be a long shot, a state judge has allowed the suit to proceed to discovery. The suit seeks damages from the wife and bar owner/brother of Joseph Lynchard, 74, of Santa Rosa, Calif. Lynchard ran over a cyclist after a lunchtime drinking binge with his alcohol level three times the legal limit, according to the Sonoma County, Calif., lawsuit, Black v. Lynchard, No. SCV 236858. "Our position is there has to be joint action in support of a wrongful act, that wrongful act in this case is [Lynchard's] drinking," said Patrick Emery, a Santa Rosa personal injury attorney representing the family of Kathryn Black, a 43-year-old cyclist. ACTIONS OF CONSPIRACY? Emery said that Lynchard's wife transferred all his assets to her name after an earlier accident and got him auto insurance. His brother, owner of Eddie's Bar, bought Lynchard a pickup truck and supplied him with drinks the day of the accident. All this, Emery argues, shows a conspiracy to commit an illegal act, allowing Lynchard to drive while drunk. If Emery succeeds, it could hold those to account who supply alcohol in the most egregious cases. "It would open courts to a limited number of circumstances, when someone other than the driver is responsible for putting that individual in motion," Emery said. Mark R. Mittelman, attorney for bar owner Eddie Lynchard, said, "There is no conspiracy here and they are not going to be able to prove conspiracy." Mittelman has already knocked out a claim for negligent service of alcohol. "So they've gotten creative," he said. "This [suit] is going to go down the tubes as a good shot, but there is nothing in the law that authorizes an end-run around the dram-shop law," Mittelman said. Lynchard faces a separate criminal charge of second-degree murder. Source: www.law.com, Pamela A. MacLean, The National Law Journal, August 15, 2006
Office Technology: A New Take on Disaster PlanningWhile data storage and protection is essential to maintaining business operations during and after a disaster, companies are beginning to also focus on workers. Manual phone trees, emergency hotlines, and other communications strategies may prove ineffectual during a crisis, which is why many firms are creating new communications strategies to keep workers updated on business operations, the effects of disasters, where they should report to work, and who should remain home in case of an avian flu outbreak. Some firms are relying more heavily on computerized communication technologies, including virtual private networks that allow workers to connect to the business remotely through secured lines. There are also remote collaboration tools available to allow workers to communicate, hold meetings, and share files online without leaving their homes or workplaces. However, risk managers could have a tough time convincing managers and executives that these remote access points are necessary when disasters are a slim possibility. Citrix Systems Inc. and other companies, on the other hand, are developing software that is downloaded for a fee and provides remote access to workers in an emergency, but companies are only charged for usage when the remote access is activated in an emergency or disastrous situation. Moreover, companies are now using automated messages that can be sent to large groups of workers when disaster strikes as well in order to keep all workers on the same page. Source: Wall Street Journal (07/24/06) P. R7 ; Totty, Michael
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