Emissions are a big issue in the transportation industry. As environmental regulators seek to drive down total emissions due to concerns over climate change and air quality, the industry must respond with improved engineering and try to balance the various costs of increased regulation. It is highly unlikely that the scope of these regulations or their costs will decrease over the coming decade.
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.
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.
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.
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.
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.
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.
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.
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.