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Worker Theft Is Up - Recession To Blame
In the wake of the recession more businesses are facing a growing financial threat: employee theft ranging from fictitious sales transactions, inflated expense reports, illegal kickbacks, theft of office equipment to retail products meant for sale to customers.
Employers suspect that workers are pilfering from them to cope with financial difficulties at home or in anticipation of being laid off. Experts speculate that people have a tendency to give in to temptation to commit criminal behavior more so in leaner times. Further, employers give additional attention to the bottom line, which results in more theft being discovered.
Employers are hot targets because workers know their systems, controls and weaknesses, and they can bide their time waiting for the right opportunity. The elimination of perks such as employee discounts and holiday parties can aggravate the problem. Employees are feeling that they are not being treated fairly by their employer, so they feel justified taking from them. It's not that theft doesn't happen when times are good, but these problems come up with increasing frequency in a difficult economy.
To many employers' chagrin, the workers guilty of the most grandiose theft frequently turn out to be those they deemed most trustworthy. They are people being given access to systems and information that allow them to commit fraud. Their crimes-typically theft of small amounts of money over long periods of time-often go unnoticed until economic downturns because that's when companies generally become more vigilant about counting pennies.
A 2007 study shows that senior-level employees with an average tenure of 7 ∏ years are responsible for 25% of all reported internal frauds. Overall, 85% of fraudsters are male, 44% are between the ages of 31 and 40, 38% possess at least a bachelor's degree, 12% typically hold a postgraduate degree or higher. Workers who steal even small amounts of money or goods from an employer risk big repercussions, from firing to civil lawsuits to criminal charges resulting in jail time.
An employer's best defense against worker theft is prevention, beginning with a code of conduct or integrity. Video cameras, tracking devices, monitoring tools, and frequent inventory procedures help deter pilfering. Counter-signatures on checks and purchase orders, outside auditing or other account reconciliation by someone not authorized to deposit or withdraw funds, joint control of securities and other financial instruments, checks stamped "For Deposit Only" are all measures that help minimize the potential for theft.
Make sure the Crime Coverage on your business insurance is up to snuff, and get tips from your insurance company's loss prevention experts on how to keep your business from becoming part of the statistics.
Excerpted from The Wall Street Journal, December 11, 2008 Businesses Say Theft by Their Workers Is Up, by Sarah E. Needleman
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2009 Market Outlook
Although final numbers for the property-casualty industry for 2008 are not available yet, all indications are pointing to red ink. The numbers through 3Q08 indicated a loss for the industry. According to the Insurance Services Office, Inc., the industry sustained a $19.9 Billion net underwriting loss for the first nine months of 2008. This represented a $32.8 Billion swing from 2007's $18.4 Billion underwriting gain for the same period. The industry's combined ratio, a measure of total expenses and incurred losses relative to earned premium, deteriorated 11.8 points to 105.6, compared to 93.8 for the first nine months of 2007. Obviously, the overall economic downturn which accelerated in 4Q08 and the continued crisis of the financial markets brought a volatile end to 2008.
Many are asking if the mortgage crisis and losses from financial guaranty products were significant factors in the industry's poor results, and wondering if this will cause a change in the property-casualty marketplace. This will no doubt impact certain segments of the industry, but many other factors are more likely to have a significant effect.
Here are six factors that will play a part in determining pricing, capacity and underwriting appetite in the 2009 property-casualty marketplace:
- Catastrophes - Through nine months of 2008 over $21 Billion in catastrophe related property losses in the U.S. compared to a combined total of $15.5 Billion for 2006 and 2007.
- Reinsurance - Initial reports are that reinsurers are negotiating price increases and increasing primary carrier retentions.
- Investments - Not even large insurance companies are immune to the financial market's current poor performance. Carriers that underwrite to higher losses and count on investment returns to bolster earnings will likely have issues.
- Economic Activity - The worldwide recession is holding down demand for insurance through lower inventory values, sales, payrolls, numbers of vehicles, etc.
Price Competition - Seven years of intense price competition and declining rates have resulted in premiums that do not support the inflation of claims.
- Capital and Credit - In what is typically not a pervasive problem for the industry, the tightening of credit and lack of capital is creating problems even for industry giants.
Another interesting factor is the increased scrutiny that the industry's rating agencies such as A.M. Best are placing on carriers. These rating agencies do not want to "get it wrong" in the wake of the sub prime mortgage crisis. Their equivalents, which monitor lending institutions and establish commercial credit ratings, have a black eye from the sub prime mortgage crisis. Insurer rating agencies are trying to avoid this. Expect these rating agencies to be extremely vigilant in 2009.
According to most sources average rate decreases in 2008 for business insurance were somewhere between -7% to -15%. Given the events of 2008 and the expected influence of the factors mentioned above it's unlikely that double-digit rate decreases will continue in 2009. However, it is too early to speculate whether significant rate hardening will occur, which could be alarming for risk management advisors in the wake of a continued recession.
Risk management is progressively becoming a common term used in the health insurance industry. On average, 7% of the population covered by a medical plan will incur no health insurance claims during a given year, while 22% will have claims that are at least 10 times the cost of the average person.
Proactive wellness and health management programs are continually evolving to assist employer groups to keep the healthy population healthy, and manage the risk of the other 93%, especially those in the 22% category. Given the healthcare and prescription drug cost trend and the overall increasing costs of offering medical benefits to employees, employers are transitioning from the question "How much will it cost to implement and manage a wellness program?" to "How much will it cost for not implementing a wellness program?". Although there is currently no consistent barometer of return on investment for wellness programs, it is a fact that healthier employees will incur less healthcare expenses and provide employers with a more productive workforce, reducing risk at the workplace and on their medical plan.

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New Federal Law For Pool And Spa Safety
The Virginia Graeme Baker Pool and Spa Safety Act went into effect on December 20, 2008, to promote child safety in and around swimming pools, wading pools, spas, hot tubs and catch basins. It is now unlawful to manufacture, to market or to sell a drain cover that does not conform to suction entrapment protection standards. Further, all public pools must be equipped or retrofitted with appropriate anti-entrapment devices or systems, such as safety vacuum release systems, suction limiting vents, gravity drainage system or automatic pump shut-offs. Failure to comply with the Act could result in strict liability in the case of injury or death. Remember to provide and maintain a secured enclosure of all outdoor residential pools and spas by barriers to entry that will effectively prevent small children from gaining unsupervised or unfettered access, as well as suction entrapment avoidance systems. If you own or operate any facility with a qualifying exposure, please remember that Gibson's Loss Prevention representatives, as well as those of most insurance carriers we represent, can help you understand the new law and your options to comply with it.

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Kidnap/Ransom - A Real And Dangerous Threat
Even the smallest companies that are engaged in a foreign business venture need to be aware that some countries average four to five kidnappings a day, per Greg Bangs, manager of Chubb Insurance Companies' kidnap/ransom and extortion unit. The global realities are harsh - kidnapping is rampant in many parts of the world where it is a thriving business.
The only guaranteed way to avoid a foreign kidnapping is not to go to risky areas, but for some businesses this is not an option. If you must go, be in the know. An excellent source of information is www.travel.state.gov. Currently listed by this and other security resources among dangerous destinations:
Cote d'Ivoire, Georgia, Zimbabwe, Nigeria, Nepal, Pakistan, Eritrea, Somalia, Chad, Kenya, Yemen, Democratic Republic of Congo, The Sudan, Israel: the West Bank and Gaza, Iran, Lebanon, Afghanistan, Algeria, Colombia, Saudi Arabia, Uzbekistan, Sri Lanka, Iraq, Haiti, Burundi, Syria, Central African Republic, Philippines, Egypt, India, Russia, Turkey, South Africa, and Mexico.
Advice from the Overseas Security Advisory Council of the U.S. Dept. of State is to understand that you are only of value to kidnappers while you are alive, so remember that they want to keep you that way. Your immediate goal is to get control of your emotions. If taken hostage, your best defense is passive cooperation.
Being able to behave rationally and maintain mental control increases your chances of survival. The more time that passes, the better your chances of being released alive. In general, efforts to attempt escape have been futile, most particularly in a country where anti-American or anti-Western attitudes prevail. In a release or surrender, tensions are charged and tempers volatile. Follow instructions from captors or police precisely until your situation has stabilized.
The overwhelming majority of victims have been abducted from their vehicles on the way to or from work. Follow these basic security precautions while traveling in a dangerous area:
- Do not settle into a routine. Vary times and routes to and from work or social engagements.
- Remember there is safety in numbers. Avoid going out alone.
- When traveling long distances by automobile, go in a convoy. Avoid back country roads and dangerous areas of a city.
- A privately owned car generally offers the best security.
- Avoid luxury or ostentatious vehicles.
- Keep your automobile in good repair and the gas tank at least half full.
- Drive in the center lane of a multiple lane highway where it is more difficult for the car to be forced off the road.
Today many business travelers rely on Kidnap/Ransom & Extortion Insurance to deal with these situations. While providing economic resources to pay ransoms, negotiators, security and other related expenses, insurance cannot take the place of risk avoidance, caution, and responsible behavior in determining the ultimate outcome of this terrifying experience.

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Family And Medical Leave Act (FMLA) - New Regulations
New regulations interpreting the Family & Medical Leave Act (FMLA) have been posted by the Department of Labor and were effective on January 16, 2009. Brief highlights include:
Eligibility requirements of at least 12 months have been clarified: the 12 months need not be continuous but cannot go back more than 7 years. An employee seeking FMLA leave associated with an incapacity must visit and receive treatment from a health care provider. Such "treatment" must be an in-person visit. The first visit must take place within seven days of the first day of incapacity. If a qualifying event is based on two visits, they must occur within 30 days. To take leave for a chronic condition, an employee must make "periodic visits" for treatment by a health care provider of at least twice per year.
Care for Service Members changes in FMLA involve the definition of a "qualifying exigency" associated with the active duty of a family member in the National Guard or Reserves, who can take leave to care for a military service member, and notification requirements for both employees and employers.
The eight exigencies are:
- after up to 7 day notice of deployment - up to 7 days from date of notice.
- military events and related activities - military ceremony or program, or family support and assistance programs.
- childcare and school activities - care or activities of child of military member.
- financial and legal arrangements for the military member; e.g. preparing power of attorney.
- counseling for employee, military member, or child of military member.
- rest and recuperation with military member - up to 5 days for each instance.
- post-deployment activities - military ceremony or program within 90 days of return or in case of death of military member.
- additional activities related to call up - as agreed by employee and employer.
FMLA also provides for a period of up to 26 weeks of leave to care for a spouse, child, parent or next of kin (defined beyond spouse, parent, child as blood relative with legal custody, siblings, grandparents, aunts, uncles, first cousins) who is a current member of the armed forces (but excluding retired or discharged military service members) who returns with serious injury or illness that was incurred in the line of duty while on active duty. The service member must be unfit to perform his/her duties and be undergoing medical treatment, recuperation or therapy, be on outpatient status, or be otherwise on the temporary disability retired list.
An employee must give notice to an employer of the need for leave "as soon as both possible and practical", expected to be the same day or next business day after the employee becomes aware of the need. Notice must be at least 30 days prior and if that has not been possible the employee must explain why at least 30 days was not practicable.
Employers now have five business days to provide an eligibility notice to an employee seeking leave. If denied, the employer's response must include at least one reason why an employee is not eligible.
The full text of the amendments can be read and downloaded at http://frwebgate.access.gpo.gov/cgi-bin/multidb.cgi.

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Workers' Compensation And Amish Employers
Effective January 1, 2008 the Indiana WC Board reached an agreement with the Amish Faith allowing their business owners to join a voluntary mutual aid plan titled "Small Business Aid" (SBA) if they choose to opt out of traditional insurance as a means of providing workers compensation benefits to their Amish employees. Here are a few key facts about this plan:
- This plan is essentially a means for Amish business owners to go self-insured without the burden of the regulatory compliance required to be approved for self-insurance in Indiana, such as applications and approval, proof of financial responsibility, bonding or other collateral, etc. It provides for Amish business owners to "take care of their own", as is their tradition, without being out of compliance with State regulations and without violating religious principles which oppose public insurance.
- This plan is ONLY available to Amish business owners. No other religious affiliation is eligible, regardless of how similar their faiths may be. Eligible employers must sign up by completing an enrollment form with SBA.
- This plan is ONLY applicable to Amish employees of Amish employers (or self-employed members of the Amish Faith).
- Non-Amish employees must still be covered by their Amish employers with a standard WC policy. In order to exclude their Amish employees on the policy they have to provide for their Non-Amish employees, endorsement WC 00 03 08 Partners, Officers and Others Exclusion Endorsement should be added with the Schedule of Others stated as "Amish employees covered under the Amish Small Business Aid".
Non-Amish employers are NOT eligible to participate in this agreement and must continue to provide standard WC coverage to all employees, including their Amish employees. A non-Amish employer may not eliminate reporting of payroll on their WC policy for their Amish employees.
- Amish employers are still required to meet the statutory benefit standards of Indiana Work Comp law for their Amish employees (with some details regarding Occupational Disease and PPI ratings still being worked out with the State).
- SBA requires each Amish member employer to maintain a list of their Amish workers to verify eligibility. This can be cross-referenced to listings of members of the Amish Faith if necessary, but it is incumbent upon the participants to maintain accurate information and prevent abuse in order to maintain approval of this special program by the State.
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