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Sunday, January 30, 2011
Friday, January 7, 2011
THE NEW ACORD CERTIFICATES – FRIEND OR FOE TO STAFFING FIRMS???
The recent, radical changes to the standard ACORD Certificates actually creates a great opportunity to strengthen existing business relationships and also build new ones. The approach is very simple:
Communicate: Contact your clients and prospects and let them know that you want to discuss a very important issue that is critical to your mutual success.
Educate: Provide your clients and prospects with a well thought out presentation that addresses the facts and speaks directly and specifically to making your business relationship the best it can be.
Demonstrate: Show your clients and prospects the mutual benefits of addressing and understanding these issues.
Be Great: Let your clients and prospects see, through your actions, that you are committed to making their partnership with you the greatest it can be.
Your ASAC Advocate can help you with this process in their never ending pursuit to facilitate your profitable growth through Enterprise Risk Management. For more information contact Michael A. Schultz at mas@asac-us.com.
AMERICAN STAFFING ASSURANCE COMPANY ELECTS NEW PRESIDENT
December 1, 2010 - The American Staffing Assurance Company (ASAC) Board of Directors unanimously approved the appointment of Michael A. Schultz as President of ASAC. Michael will be responsible for overseeing the sales and marketing efforts of the company with an emphasis on new business development, and building the ASAC brand. Michael can be reached at mas@asac-us.com.
The election of Michael as President will allow Jim Farber, Chairman of the Board and CEO, to dedicate greater efforts toward INCA Holdings, the parent company of ASAC. INCA Holdings creates and manages niche insurance companies, like ASAC, dedicated to the best risks within under-served and misunderstood industry sectors. More information on INCA Holdings can be obtained by contacting Jim at jcf@inca-us.com.
Wednesday, December 30, 2009
When we address the topic of Employment Practices Liability with our Staffing Firm clients, we are often told, "that won't happen to me." Dominique Renaud, an authorized ASAC agent at Houston Business Insurance Agency, Inc. recently did some research on this topic and found that it can happen to anybody and everybody. So we again ask the questions, "Do you know your Ultimate Cost of Risk today and what are you doing to reduce your UCOR for tomorrow?"
RELIGIOUS DISCRIMINATION: A former employee of a temporary agency sued her former employer, alleging that she was denied a promotion to manager because she was not a member of a particular religious group that predominated at the company. She claimed that a member of the religious group received the promotion even though the plaintiff had six years more experience and an MBA (unlike the woman who received the position). A jury awarded $647,174 in pain and suffering and $5,900,000 in punitive damages.
NATIONAL ORIGIN DISCRIMINATION AND RETALIATION: The EEOC sued the temporary agency and its client because the client directed the agency to fire 13 employees because of their national origin and five other employees as retaliation for being friends with an employee who had threatened to file a complaint with the EEOC. The parties settled, with the client paying $456,000 and the temporary agency paying $144,000.
SEX/RACE DISCRIMINATION: The EEOC sued a temporary staffing agency for unlawfully coding applicants by race and gender in compliance with its clients’ requests that only employees of a certain race or gender be submitted for consideration. The parties settled, with the defendant agreeing to pay $285,000 and three of its clients paying $50,000 in administrative costs.
AGE/DISABILITY/NATIONAL ORIGIN/RACE/SEX DISCRIMINATION: The EEOC sued a temporary employment agency for allegedly engaging in the following discriminatory actions. First, that the agency complied with its clients’ requests not to refer applicants who were racial minorities or women. Second, that the agency screened out applicants with disabilities by forcing them to fill out a “medical questionnaire” requesting disclosure of such disabilities. Third, that the agency terminated an employee because of her pregnancy. Fourth, that the agency retaliated against an employee who questioned the company’s discriminatory policy against people with disabilities. Fifth, that the agency failed to refer older workers to its clients. After the EEOC sued the clients for making the discriminatory requests, the temporary agency settled for $500,000 and two of the clients of the temporary agency agreed to pay $80,000.
Do you want to get a competitive edge in the Staffing Industry? Talk to an ASAC agent to see if you qualify for acceptance into a program that can generate new top line revenue for your firm while giving you the tools to significantly reduce your UCOR. In Texas, feel free to call Dominique Renaud of Houston Business Insurance Agency, Inc. at 713-979-1001. For other states, please call ASAC at 313-881-8069, and ask for the contact information in your state.
RELIGIOUS DISCRIMINATION: A former employee of a temporary agency sued her former employer, alleging that she was denied a promotion to manager because she was not a member of a particular religious group that predominated at the company. She claimed that a member of the religious group received the promotion even though the plaintiff had six years more experience and an MBA (unlike the woman who received the position). A jury awarded $647,174 in pain and suffering and $5,900,000 in punitive damages.
NATIONAL ORIGIN DISCRIMINATION AND RETALIATION: The EEOC sued the temporary agency and its client because the client directed the agency to fire 13 employees because of their national origin and five other employees as retaliation for being friends with an employee who had threatened to file a complaint with the EEOC. The parties settled, with the client paying $456,000 and the temporary agency paying $144,000.
SEX/RACE DISCRIMINATION: The EEOC sued a temporary staffing agency for unlawfully coding applicants by race and gender in compliance with its clients’ requests that only employees of a certain race or gender be submitted for consideration. The parties settled, with the defendant agreeing to pay $285,000 and three of its clients paying $50,000 in administrative costs.
AGE/DISABILITY/NATIONAL ORIGIN/RACE/SEX DISCRIMINATION: The EEOC sued a temporary employment agency for allegedly engaging in the following discriminatory actions. First, that the agency complied with its clients’ requests not to refer applicants who were racial minorities or women. Second, that the agency screened out applicants with disabilities by forcing them to fill out a “medical questionnaire” requesting disclosure of such disabilities. Third, that the agency terminated an employee because of her pregnancy. Fourth, that the agency retaliated against an employee who questioned the company’s discriminatory policy against people with disabilities. Fifth, that the agency failed to refer older workers to its clients. After the EEOC sued the clients for making the discriminatory requests, the temporary agency settled for $500,000 and two of the clients of the temporary agency agreed to pay $80,000.
Do you want to get a competitive edge in the Staffing Industry? Talk to an ASAC agent to see if you qualify for acceptance into a program that can generate new top line revenue for your firm while giving you the tools to significantly reduce your UCOR. In Texas, feel free to call Dominique Renaud of Houston Business Insurance Agency, Inc. at 713-979-1001. For other states, please call ASAC at 313-881-8069, and ask for the contact information in your state.
Saturday, September 19, 2009
EXECUTIVE STRATEGIES, INC. APPOINTED APPROVED
CORRESPONDENT OF BROKERS AT LLOYD’S OF LONDON
FOR IMMEDIATE RELEASE
Contact: James C. Farber
(313) 881-8069
GROSSE POINTE, MICHIGAN; September 14, 2009: James C. Farber, Founder and President of Executive Strategies, Inc. (ESI) announced today that ESI has been appointed an approved correspondent of Rattner Mackenzie Ltd., brokers at Lloyd’s of London.
ESI, licensed in all 50 states and the District of Columbia, was formed in July 2000, as a specialty retail and wholesale insurance agency dedicated to creating custom insurance programs and executive liability products for underserved industries. In July 2008, ESI was named Program Administrator for the American Staffing Assurance Company program, underwritten by SPARTA Insurance Company.
The appointment by Rattner Mackenzie further strengthens the position of ESI as a leader in Program Administration services for niche industries in need of innovative risk solutions, especially those confronted with complex executive liability exposures.
For further information about ESI, please contact jimfarber@esi-us.com.
About Executive Strategies, Inc.
Executive Strategies, Inc. exists to be the optimal choice for our clients as their risk services provider. Our professional mission is to continuously reduce the ultimate cost of risk for our clients. We accomplish this utilizing a highly personalized service delivery system that seeks commitments to long-term, aligned interest partnerships that allow for the development of highly effective, continuous improvement based risk strategies. We maintain an unwavering commitment to honesty, integrity and the highest level of ethical behavior as we strive to be trusted advisors in risk to our clients.
CORRESPONDENT OF BROKERS AT LLOYD’S OF LONDON
FOR IMMEDIATE RELEASE
Contact: James C. Farber
(313) 881-8069
GROSSE POINTE, MICHIGAN; September 14, 2009: James C. Farber, Founder and President of Executive Strategies, Inc. (ESI) announced today that ESI has been appointed an approved correspondent of Rattner Mackenzie Ltd., brokers at Lloyd’s of London.
ESI, licensed in all 50 states and the District of Columbia, was formed in July 2000, as a specialty retail and wholesale insurance agency dedicated to creating custom insurance programs and executive liability products for underserved industries. In July 2008, ESI was named Program Administrator for the American Staffing Assurance Company program, underwritten by SPARTA Insurance Company.
The appointment by Rattner Mackenzie further strengthens the position of ESI as a leader in Program Administration services for niche industries in need of innovative risk solutions, especially those confronted with complex executive liability exposures.
For further information about ESI, please contact jimfarber@esi-us.com.
About Executive Strategies, Inc.
Executive Strategies, Inc. exists to be the optimal choice for our clients as their risk services provider. Our professional mission is to continuously reduce the ultimate cost of risk for our clients. We accomplish this utilizing a highly personalized service delivery system that seeks commitments to long-term, aligned interest partnerships that allow for the development of highly effective, continuous improvement based risk strategies. We maintain an unwavering commitment to honesty, integrity and the highest level of ethical behavior as we strive to be trusted advisors in risk to our clients.
Monday, June 22, 2009
A STAFFING COMPANY DILEMMA: THE “ACTION-OVER CLAIM”
Any staffing firm that does not know the bottom-line impact of an Action-Over Claim should rethink their relationship with their risk services provider.
The American Staffing Assurance Company partners with staffing firms that want to be aware of issues like Action-Over Claims and strive to be the “Best of the Best.” The unique ASAC “Product Follows the Process” methodology allows ASAC and its Exclusive Agents to provide consultative services to staffing firms at the highest corporate level, facilitating sound business decisions that contemplate a comprehensive understanding of the “Ultimate Cost of Risk” associated with those decisions. Over time, this “Aligned Interests” partnership allows ASAC insureds to consistently reduce their ultimate cost of risk, in a never-ending quest to achieve the lowest ultimate cost of risk possible and, in turn, profitably grow their business. An understanding of Action-Over Claims is just one area in which we educate our clients and is the topic of this article.
In every state, an injured worker’s “sole remedy” from their employer is through the Workers’ Compensation Act. Therefore, if a staffing firm’s employee is injured on the job, they are prohibited from suing their employer for damages because of the availability of Workers’ Compensation insurance. The Workers’ Compensation law does not, however, prohibit the injured worker from suing parties other than their employer. In many cases, the staffing firm’s client becomes the target of an injured worker’s suit. With the duty a staffing firm’s client has to maintain a safe working environment, under what is called the “Safe-Place-to-Work Doctrine,” the staffing firm’s injured employee can make an argument that the staffing firm’s client did not maintain a “safe place to work” and the employee was injured as a direct result of the unsafe work environment. This allows the injured worker to bring a suit against the staffing firm’s client and, frequently, these suits are for amounts well beyond the Workers’ Compensation payments made.
Once this action takes place, we have not only a Workers’ Compensation claim with the employer, but also a claim against the staffing firm’s client for bodily injury arising out of the “Safe-Place-to-Work Doctrine.” Little does the staffing firm employer of the injured worker know, but this is soon to become a claim against the staffing firm’s Commercial General Liability Policy. This is only true, of course, if the contract contains language that allows this shifting of liability.
Most staffing contracts contain an Indemnification and Hold Harmless provision stating that the staffing firm agrees to indemnify and hold their client harmless from claims arising out of the staffing firm’s work. In addition, staffing firms are often required to name their client as an Additional Insured under the staffing firm’s liability policies. By listing the staffing firm’s client as an additional insured, any legal actions against the staffing firm’s client for bodily injury are now covered under the staffing firm’s policy. Additionally, the Indemnification and Hold Harmless agreement obligates the staffing firm to be responsible for injuries arising out their work for their client.
So, if the injury to the worker arose out of their employment with the staffing firm and as a result the employee sues the staffing firm’s client under the “safe place to work” theory, once the staffing firm’s client receives the lawsuit, they tender the defense of the suit back to the staffing firm. If the staffing firm has coverage for contractual liability assumed by contract, as they should, their liability carrier is obligated to defend the staffing firm’s client and pay a judgment, if one is issued. This is what we call an Action-Over Claim.
Action-Over Claims are not new to the staffing industry. Fortunately, many staffing firms have not experienced this type of claim, but, those who have certainly realize the impact they can have on the bottom-line, especially in the scenario in which the staffing firm’s liability policy does not cover contractual liability assumed, and the staffing firm is left uninsured. In a perfect world, Workers’ Compensation would be enough for an injured worker. Unfortunately, we don’t live in a perfect world. The sad reality of these claims is that, despite the millions of dollars the attorney tells the injured worker they will receive, typically, the only one who prospers is the attorney. Once a judgment is rendered, and provided there is any award, the Workers’ Compensation carrier is first in line to be repaid for what they spent on the claim. Right behind them is the attorney, looking for their percentage. In the end, the injured worker often receives very little.
It is very important if you are a staffing firm to know what coverage is being afforded under your liability policy, and, more importantly, what is not being provided. Additionally, consistent with the ASAC “Product follows the Process” methodology, it is also crucial for staffing firms and the clients of staffing firms to understand the impact of their contractual agreements.
To learn more about this and other risk related issues facing the staffing industry, please feel free to contact:
The American Staffing Assurance Company partners with staffing firms that want to be aware of issues like Action-Over Claims and strive to be the “Best of the Best.” The unique ASAC “Product Follows the Process” methodology allows ASAC and its Exclusive Agents to provide consultative services to staffing firms at the highest corporate level, facilitating sound business decisions that contemplate a comprehensive understanding of the “Ultimate Cost of Risk” associated with those decisions. Over time, this “Aligned Interests” partnership allows ASAC insureds to consistently reduce their ultimate cost of risk, in a never-ending quest to achieve the lowest ultimate cost of risk possible and, in turn, profitably grow their business. An understanding of Action-Over Claims is just one area in which we educate our clients and is the topic of this article.
In every state, an injured worker’s “sole remedy” from their employer is through the Workers’ Compensation Act. Therefore, if a staffing firm’s employee is injured on the job, they are prohibited from suing their employer for damages because of the availability of Workers’ Compensation insurance. The Workers’ Compensation law does not, however, prohibit the injured worker from suing parties other than their employer. In many cases, the staffing firm’s client becomes the target of an injured worker’s suit. With the duty a staffing firm’s client has to maintain a safe working environment, under what is called the “Safe-Place-to-Work Doctrine,” the staffing firm’s injured employee can make an argument that the staffing firm’s client did not maintain a “safe place to work” and the employee was injured as a direct result of the unsafe work environment. This allows the injured worker to bring a suit against the staffing firm’s client and, frequently, these suits are for amounts well beyond the Workers’ Compensation payments made.
Once this action takes place, we have not only a Workers’ Compensation claim with the employer, but also a claim against the staffing firm’s client for bodily injury arising out of the “Safe-Place-to-Work Doctrine.” Little does the staffing firm employer of the injured worker know, but this is soon to become a claim against the staffing firm’s Commercial General Liability Policy. This is only true, of course, if the contract contains language that allows this shifting of liability.
Most staffing contracts contain an Indemnification and Hold Harmless provision stating that the staffing firm agrees to indemnify and hold their client harmless from claims arising out of the staffing firm’s work. In addition, staffing firms are often required to name their client as an Additional Insured under the staffing firm’s liability policies. By listing the staffing firm’s client as an additional insured, any legal actions against the staffing firm’s client for bodily injury are now covered under the staffing firm’s policy. Additionally, the Indemnification and Hold Harmless agreement obligates the staffing firm to be responsible for injuries arising out their work for their client.
So, if the injury to the worker arose out of their employment with the staffing firm and as a result the employee sues the staffing firm’s client under the “safe place to work” theory, once the staffing firm’s client receives the lawsuit, they tender the defense of the suit back to the staffing firm. If the staffing firm has coverage for contractual liability assumed by contract, as they should, their liability carrier is obligated to defend the staffing firm’s client and pay a judgment, if one is issued. This is what we call an Action-Over Claim.
Action-Over Claims are not new to the staffing industry. Fortunately, many staffing firms have not experienced this type of claim, but, those who have certainly realize the impact they can have on the bottom-line, especially in the scenario in which the staffing firm’s liability policy does not cover contractual liability assumed, and the staffing firm is left uninsured. In a perfect world, Workers’ Compensation would be enough for an injured worker. Unfortunately, we don’t live in a perfect world. The sad reality of these claims is that, despite the millions of dollars the attorney tells the injured worker they will receive, typically, the only one who prospers is the attorney. Once a judgment is rendered, and provided there is any award, the Workers’ Compensation carrier is first in line to be repaid for what they spent on the claim. Right behind them is the attorney, looking for their percentage. In the end, the injured worker often receives very little.
It is very important if you are a staffing firm to know what coverage is being afforded under your liability policy, and, more importantly, what is not being provided. Additionally, consistent with the ASAC “Product follows the Process” methodology, it is also crucial for staffing firms and the clients of staffing firms to understand the impact of their contractual agreements.
To learn more about this and other risk related issues facing the staffing industry, please feel free to contact:
James C. Farber, CIC, LIC
President
American Staffing Assurance Company
“Trusted Advisors to the Staffing Industry”
Office: (313) 881-8069
Mobile: (313) 550-8486
About American Staffing Assurance Company:
The American Staffing Assurance Company program exists to partner with staffing firms that strive to be the “Best of the Best.” The unique ASAC “Product Follows the Process” methodology allows ASAC and its Exclusive Agents to provide consultative services to staffing firms at the highest corporate level, facilitating sound business decisions that contemplate a comprehensive understanding of the “Ultimate Cost of Risk” associated with those decisions. Over time, this “Aligned Interests” partnership allows ASAC insureds to consistently reduce their ultimate cost of risk, in a never-ending quest to achieve the lowest ultimate cost of risk possible and, in turn, profitably grow their business.
Saturday, March 7, 2009
AMERICAN STAFFING ASSURANCE COMPANY CREATES THE ASAC CENTER FOR STAFFING EXCELLENCE (CSE)
For Immediate Release
Contact: James C. Farber
(313) 881-8069
Grosse Pointe, Michigan; March 5, 2009: James C. Farber, Chairman of the Board and CEO of the American Staffing Assurance Company (ASAC) announced the creation of the ASAC Center for Staffing Excellence (CSE). Located in Troy, Michigan the Center for Staffing Excellence will be devoted to educational courses and programs designed to serve the staffing industry throughout the United States and Canada. ASAC is committed to being the "trusted advisor" to the staffing industry. To this end, the center piece of the course offerings will be developmental sessions entitled “You as a Trusted Advisor.” These sessions, along with courses in Communication Skills, Listening Skills and Management Training will be available to agents and staffing companies who are certified by ASAC and dedicated to the principals of excellence which distinguish ASAC from its competitors. The CSE will offer courses in May, September and November during 2009.
For further information about the Center or ASAC, contact staffexcel@asac-us.com.
About American Staffing Assurance Company:
The American Staffing Assurance Company program exists to partner with staffing firms that strive to be the “Best of the Best.” The unique ASAC “Product Follows the Process” methodology allows ASAC and its Exclusive Agents to provide consultative services to staffing firms at the highest corporate level, facilitating sound business decisions that contemplate a comprehensive understanding of the “Ultimate Cost of Risk” associated with those decisions. Over time, this “Aligned Interests” partnership allows ASAC insureds to consistently reduce their ultimate cost of risk, in a never-ending quest to achieve the lowest ultimate cost of risk possible.
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Contact: James C. Farber
(313) 881-8069
Grosse Pointe, Michigan; March 5, 2009: James C. Farber, Chairman of the Board and CEO of the American Staffing Assurance Company (ASAC) announced the creation of the ASAC Center for Staffing Excellence (CSE). Located in Troy, Michigan the Center for Staffing Excellence will be devoted to educational courses and programs designed to serve the staffing industry throughout the United States and Canada. ASAC is committed to being the "trusted advisor" to the staffing industry. To this end, the center piece of the course offerings will be developmental sessions entitled “You as a Trusted Advisor.” These sessions, along with courses in Communication Skills, Listening Skills and Management Training will be available to agents and staffing companies who are certified by ASAC and dedicated to the principals of excellence which distinguish ASAC from its competitors. The CSE will offer courses in May, September and November during 2009.
For further information about the Center or ASAC, contact staffexcel@asac-us.com.
About American Staffing Assurance Company:
The American Staffing Assurance Company program exists to partner with staffing firms that strive to be the “Best of the Best.” The unique ASAC “Product Follows the Process” methodology allows ASAC and its Exclusive Agents to provide consultative services to staffing firms at the highest corporate level, facilitating sound business decisions that contemplate a comprehensive understanding of the “Ultimate Cost of Risk” associated with those decisions. Over time, this “Aligned Interests” partnership allows ASAC insureds to consistently reduce their ultimate cost of risk, in a never-ending quest to achieve the lowest ultimate cost of risk possible.
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