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Jeffrey Forbes

Jeffrey Forbes
Jeffrey Forbes is a blog contributor specializing in risk, legislation, regulations, and casualty topics for ECBM Insurance Brokers and Consultants. He uses his years of experience as a lawyer in Denver, Colorado to provide in-depth analysis of issues faced by our clients and other business owners. To follow Jeffrey's monthly contributions to our blog, be sure to sign up for our newsletter The ECBM Edge.
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Recent Posts

2020 Ransomware Risk Update

Ransomware attacks have increased in frequency over the past few years.  They now rank as the second most frequent type of claim against cyber insurance policies.  Experts estimate that a new business is hit with a ransomware attack every fourteen seconds.  For 2019, early information is showing that the frequency of ransomware attacks may be decreasing.  This seemingly positive trend comes with two significant drawbacks however.

When Employees Are Consumers Of Your Product: Dual Capacity Risks and Workers Comp

Workers compensation is supposed to protect employers from lawsuits brought by their employees.  In exchange for a system of a no fault liability for on the job injuries, employers secure freedom from negligence lawsuits brought by employees that might yield much higher payouts.  This protection, however, is not absolute.   Like with any rule, there are exceptions.

Post-Accident Investigations Complicated By Recreational Marijuana Use

As more and more states legalize marijuana use for recreational and medicinal purposes, employers face a significant conundrum. Employers have to decide how to treat positive marijuana tests within their business. For those employers in safety-sensitive fields, ensuring that employees can pass drug tests is necessary for continued operations and limiting liability.

Meeting Expectations Cybersecurity & Liability Due To Your Professional Responsibility

 

Cyber incidents and cyber practices are testing the boundaries of the law in numerous unique ways. The length of most litigation and the relative newness of cyber technology means that many of the claims and legal principles governing those claims are still working their way through the court system. The high cost of litigation sends many of those claims to settlement talks without a firm decision to guide future cases.

Language And Meaning In Your Policy Can Effect Workers' Compensation Coverage

Under a commercial insurance policy, there are several types of insured. Understanding the difference between these types of insureds can be crucial to understanding coverage. 

DOT Investigations Hold Key To Updates Needed In HOS Rule For Truckers

Hours of service requirements are a big deal for trucking companies. The penalties for violations can be significant – up to $16,000 per violation. Violations will also impact a trucking company’s safety score, impacting their insurance premiums. At the same time, compliance with hours of service requirements involves significant office work and record-keeping, which also cost money.

FAQ Files: Separation of Insureds & Severability of Interests

The Separation of Insureds is a standard policy condition of the commercial general liability policy. Also known as the severability of interests, the condition serves several purposes. Still, it can be quite complicated to understand in some of those contexts. As it is increasingly common for contractors to request or demand a separation of insured provision within a business’s insurance policy, companies should make sure they understand the term and how it might affect them.

Why You Need A Digital Forensics Company In Your Cybersecurity Action Plan

In the event of a cybersecurity breach, any company with a cyber insurance policy should contact their carrier as soon as possible. One of the first steps the cyber insurance carrier will take is to hire a forensics company to investigate the breach. Digital forensics is one of the more expensive aspects of most cyber claims, with costs typically ranging from $20,000 to $50,000.

Clearing Up Confusion on Contractual Liability

The commercial general liability policy includes contractual liability as a standard feature, but contractual liability can be a misunderstood term. It sounds like what would arise from a breach of contract, but most liability policies specifically exclude damages resulting from a breach of contract. Instead, contractual liability covers an insured for a contractual agreement to assume the liability of a third party. The most common form of this type of agreement is an indemnification or hold harmless agreement.

Avoiding A Risky Position: Hold Harmless In Contract Negotiations

Liability rolls downhill. Big companies use their negotiating leverage to demand favorable indemnification clauses and hold harmless agreements be included in their vendor and customer contracts. Some degree of this is reasonable, but there are always a few players who try to push things as far as possible. The result is indemnification and hold harmless provisions that seem to foist all the liability on companies with less leverage without regard to fault or negligence. Many go so far as to seek that the second party indemnify the first party for the first party’s own negligence.