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What To Do When Lightning Strikes!
It is the time of year for one of the deadliest weather phenomena - lightning. Looking back over the past 30 years, lightning has killed an average of 66 people each year. This doesn't take into consideration the number of confirmed injuries from lightning strikes. In 2007, Indiana has already seen three lightning strikes causing a fatality or injury.
When on the jobsite, keep in mind the following lightning safety tips:
- Watch for developing thunderstorms. If strong winds develop, secure outdoor items that could get picked up in the wind causing injury or property damage.
- If you hear thunder, seek safe shelter. As far as 10 miles away from the area where it is raining, lightning can strike. You can also hear thunder from about the same distance. Hearing thunder means you are within striking distance and should seek safe shelter.
- While outside, safe shelter could be a large building, enclosed vehicle, or heavy construction equipment (tracked or wheeled) with enclosed cabs. You should close the doors and windows, shut off the machine and keep you hands off exposed metal.
- Follow the same guidelines for cars, pickups, and SUVs. If you are not able to take shelter in a vehicle, find a low area of ground and crouch down. Do not stand under trees or around creeks, ponds, or rivers. If you are with a group, you should stay at least 15 feet apart. Remove your tool belt and do not hold anything metal.
- If you are inside, keep off corded phones, computers, and any other electrical devices that could put you in direct contact with electricity or plumbing. Purchase ground fault protectors for key equipment.
If you need to help someone struck by lightning, call 911 and seek immediate medical care. Cardiac arrest and burns are common in lightning victims, however, with proper treatment most victims can survive a strike.
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This issue is sponsored by

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Third-Tier Claimants Barred From Making Claims on INDOT Projects
On May 22, 2007, the Indiana Supreme Court ruled third-tier claimants are not covered by bonds on Indiana highway construction projects when the Court adopted Indiana Construction Association's (ICA) position regarding third-tier claimants (Alberici Constructors, Inc. d/b/a Hillsdale Fabricators v. Ohio Farmers Insurance Company).
The Court concluded a "subcontractor" is defined as the party who contracts directly with the prime contractor and not any party further down the contract chain. In this context the "subcontractor" is also referred to as a "first-tier" claimant. By statute, the bond covers the payment obligations of the "contractor" and "subcontractor" - covering payment to first and second-tier claimants only. More importantly, the court decision means bond claims by third-tier (or lower) claimants on INDOT projects are not viable under Indiana law.
Lastly, it should be noted this ruling only applies to INDOT projects which fall under Title 8 of the Indiana Code. The bonds required by other public entities such as State, local, or otherwise are governed by separate statutes. Prior to bidding on or undertaking any public project it is always prudent to review statutes and bond language.
Gibson Insurance Group is a member of the National Association of Surety Bond Producers (NASBP).
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Understanding Additional Insured Requirements
In the commercial general liability policy coverage form, there is a section which defines "who is an insured". The entities defined do not include the entities known as "additional insured". It is necessary to add coverage for "additional insureds" either through a modification of the form or more commonly, by attaching a separate endorsement.
There are a number of endorsements developed to add additional insureds so it is important to understand the relationship between the named insured and the additional insured. The additional insured endorsement should limit the coverage to the extent of the relationship between the named and additional insureds (i.e. the work performed or the equipment leased). Restrictions should be placed on the amount and length of coverage being provided by the endorsement so that you are not providing more coverage than intended or required by the contract.
Most contractors are aware that it is common for contracts to require job owners, construction managers, and/or architect/engineers to be included under their general liability policy as additional insureds. Although the requirement is now widely accepted, it should not be taken lightly. There can be legal and financial consequences from including additional insureds under your policy. Additional insureds may be given direct access to the named insured's policy for both defense and settlement. Limits of liability are being shared with additional insureds and any claims paid on behalf of additional insureds, will decrease the aggregate amount available to the named insured and go against the loss experience of the named insured. There should be a legitimate reason why someone would want to be an additional insured on your general liability policy. The requirement should be viewed as an area of negotiation and not a pre-set requirement.
It is important to have your risk management advisor review your contract language in advance of signing so that the additional insured relationship can be determined and the appropriate additional insured form added to the policy. In the case of a contractor overlooking the contractual requirement to add an additional insured to their policy, the insurance carrier will not defend or provide limits to the additional insured, as your commercial general liability form does not apply to the upholding of performance agreements and they would view the omission as a breach of contractual agreement.
In many cases, insurance carriers are now providing "blanket" additional insured endorsements which automatically respond to a number of additional insured relationships on an automatic basis. The intent is not to forego having your contracts reviewed for additional insured language but instead to allow the additional insured status to be triggered by the actual signing of the contract instead of by endorsement to the insurance policy. This is helpful in eliminating the possible omission of an additional insured when required by contract but may not address every additional insured requirement that a contractor encounters. Additional endorsements to your general liability policy may become necessary to meet contractual language even when a blanket additional insured endorsement is in place (i.e. primary additional insured or completed operations coverage).
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When Is It The Right Time To Shop For Insurance?
It seems like shopping is one of the favorite pastimes these days. Shopping can be enjoyable and relaxing. But, is shopping for insurance a good experience? What price do you pay if you make a bad choice? Clearly shopping for insurance has its pitfalls and can create more risk than if protection is left alone. Is there really a good time to go shopping?
When shopping for insurance, the most important facet of the buying decision is picking your trusted advisor. Think about this for a moment: when you have a claim, aren't you going to call your trusted advisor if there is a problem? After all, isn't this the person that helped you select coverage and protection?
Selecting a knowledgeable and trusted advisor is important and takes time. Like selecting any professional, your selection must be based on the professional's experience, knowledge, and reputation.
Being cautious with the selection also means not involving too many brokers in the selection process. Remember that the most experienced and knowledgeable brokers will not have the patience or interest to invest their time with a client that has "multiple brokers" and is solely focused on the price of the insurance product.
The insurance selection process and underwriting process is very costly for brokers of insurance. While a client is analyzing the broker and insurance company, an experienced broker is doing the same to the customer. It is called "qualifying" the risk. It is important that the client make themselves and their business as attractive as possible to the broker. A client must be committed to the people they think will give them the protection. This will bring a better result and better protection in the end.
What is the right time? When do I "time the market" for buying insurance? The answer is simple. The time to consider change is when you feel you are not getting the right value and protection for your money. If you feel your insurance premiums are too high, then tell that to your trusted advisor. If you don't trust your advisor, then it is time for a change.
Having a solid strategy and making the best selection of an advisor will improve your coverage and the value you receive for the premiums paid. Be careful about your selection since protection of your business and personal assets can be one of the most important decisions you will make.
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