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~~ACCIDENT PREVENTION/INSURANCE RISK~~ NEWSLETTER SPRING 2017 State Accident Prevention/Insurance Risk Chairs Please save the date for this year s Accident Prevention Seminar. Please plan on joining us
~~ACCIDENT PREVENTION/INSURANCE RISK~~ NEWSLETTER SPRING 2017 State Accident Prevention/Insurance Risk Chairs Please save the date for this year s Accident Prevention Seminar. Please plan on joining us on Saturday October 7, 2017, in Chicago, Illinois. Your participation will help us develop strategies to address the challenges that face your Lodges. Inside this issue: Start of New Lodge Year 2 Review Documents 2 Update Contracts 2 Master Liability Program 3 Automated External Defibrillators in the Lodges Repair Work at Lodges 4 Service of Alcohol 4 Boats/Docks 5 Beware of Scams 5 Certificates of Insurance 5 Special Event Policies 5 Lodge Rental Agreements 6 4 Insurance Renewal For The Certificates of Coverage, Property Plus Insurance Guides and invoices will be arriving in April. Property Plus Certificates of Coverage The Certificate of Coverage renews the existing coverage for Lodge buildings and contents effective April 1, Please review your Certificates of Coverage for accuracy. Please pay close attention to the items below and immediately contact Aon at if any discrepancies are found. 1. Please verify that all Lodge buildings are listed. 2. If a building is not listed on the Certificate, it is not covered unless the Lodge carries a blanket building limit. 3. Business Personal Property limit is the amount of coverage for contents based on the cost of those items today. 4. Business Income is the insurance available to replace income the Lodge might lose if a covered loss prevented the Lodge from continuing business operations. 5. Flood/Earthquake coverages are not provided under the Property Plus Program. Please contact Aon for a quote if a Lodge needs insurance coverage for floods and earthquakes. Property Plus Insurance Guide The Property Plus Insurance Guide explains coverage provided under the Property Plus Program. Please review this booklet to enhance your understanding of the Program and coverage provided. It will also explain the Program s Self-Insured Retention, which is borne by the Property Plus Program (each Lodge is responsible for its deductible). Invoices/Finance Agreements from AFCO Invoices will be sent directly from AFCO to each Lodge. Lodges that choose the financing option should sign the Premium Finance Agreement and submit it with the down payment and first month s installment by May 1 st. Lodges with overdue balances will not be able to choose the financing option with AFCO. Page 1 of 6 SPRING 2017 IT IS THE START OF A NEW LODGE YEAR Now is a great time to examine the status of the Lodge s legal wellbeing: Where are the Lodge s legal documents located? Are state and local filings and registrations maintained? Now is the time to diary important dates such as renewal of licenses and permits. Become familiar with all Lodge contracts, now. The officers and trustees should know all Lodge obligations. Lodge officers and trustees must maintain proper records. Contracts should avoid a conflict of interest. Does the Lodge have written personnel policies? The Lodge should have written work rules for its employees. Does the Lodge have an attorney that can review contracts? Does the Lodge have service contracts with repairmen, plumbers, electricians, etc.? If so, such service contracts should provide the Lodge with indemnification. Indemnification includes the obligation to protect the Lodge from claims made by the contractor s employees. Service contracts should require that all contractors provide evidence of liability insurance. Service contracts should include contractual liability coverage. The Lodge should be named as additional insured on the contractor s insurance policy. It is unacceptable for the Lodge to indemnify other individuals or corporations. Are the Lodge s financial and business records properly filed for retrieval and provided with back-up redundancy? Has the Lodge prepared a rental agreement or contract to be signed by individuals or entities using the Lodge, according to the Laws of the Order? In these agreements, the entity using the Lodge should hold the Lodge harmless for activities and provide evidence of insurance coverage (see Pages of the Liability Insurance Program booklet). Now is the time to review the Accident Prevention Manual and Liability Insurance Program booklet. Page 2 of 6 SPRING 2017 Liability Insurance Program On April 1, 2017, the Self-Insured Liability Insurance Program will provide $6,500,000 coverage per occurrence for general liability, contractual liability and liquor liability coverage. Last year, the Liability Insurance Program provided $6,000,000 coverage per occurrence. Please note that the coverage has been increased by $500,000, starting on April 1, 2017 and continuing through March 31, Lodges will have online access to the updated Liability Insurance Program booklets soon. Lodge Secretaries will be receiving the updated Liability Insurance Program booklets in the mail later this Spring. The updated Liability Insurance Program booklets will appear on the Elks website later this Spring. Lodge Accident Prevention Program Section of the Laws Of The Order requires all Lodges to establish an Accident Prevention Program. An Accident Prevention Policy should be implemented, in concert with Grand Lodge and State Association programs. Lodge Accident Prevention Managers Section of the Laws Of The Order requires all Lodges to designate an Accident Prevention Manager. The Accident Prevention Manager will continually review and implement a policy, in concert with Grand Lodge and State Association programs, to protect the Lodge from claims for accidents and injuries. Allegations of discrimination/harassment Claims alleging sexual harassment, discrimination and wrongful termination are not covered under the Liability Insurance Program. A Lodge will need to purchase a separate Directors and Officers Policy (D&O). Please contact Aon for a quote for this additional coverage for the Lodge. Automobiles/Trucks/Buses A Lodge should never own a motor vehicle licensed for use on the streets and highways. There is no coverage for a Lodge owned motor vehicle under the Liability Insurance Program. Page 3 of 6 SPRING 2017 Automated External defibrillators (AED) Each State has its own laws regulating Automated External Defibrillators (AED) A Member, Officer or employee is not immune from lawsuits in many States H.R.4152 Cardiac Arrest Survival Act is a bill that guarantees national immunity H.R.4152 Cardiac Arrest Survival Act is pending in the Houses of Representatives Elks should their Congressman and demand that H.R.4152 be passed to guarantee immunity for our Members, Officers and employees using an AED Repair work at Lodges Issues to be addressed when there are repairs or construction at a Lodge: Every contractor must provide proof (an insurance certificate) that the contractor has liability insurance; Every contractor must prepare a written contract that will indemnify the Lodge from any claims arising out of the work; Projects involving extensive repairs and renovation require that the contractor name the Lodge as additional insured under its general liability policy; The Lodge should never take on the role of general contractor; Volunteers should not be performing repairs; No one from the Lodge should act as a construction manager/coordinator; Any Member that is a contractor must also have proof of insurance and prepare a written contract; and When constructing a new building, or making substantial renovations, the Lodge must contact Aon at to make sure proper insurance coverage is obtained. Service of Alcohol to members and guests The service of alcohol is a privilege the Lodge extends to Members and their guests, not a means of revenue for the Lodge. Cutting off a Member or guest who is approaching intoxication is better than defending a lawsuit. Never serve anyone approaching intoxication; Do not let others buy drinks for anyone who might be close to intoxication; Stop service to anyone else if they will give drinks to someone approaching intoxication; No beer kegs, no pitchers and no coolers; Remind Members/guests not to drink and drive; Be observant while serving alcohol; Encourage designated drivers; Never permit BYOB; Do not allow games/contests involving alcohol consumption; An outdoor tent/bar must have a server; Do not hold a Happy Hour ; Never discount prices to promote liquor sales; Last call should be well before closing; Insist on a taxi or a ride for anyone who drank too much; and Members that have a problem need our help, now! Page 4 of 6 SPRING 2017 Boats/Docks/Maritime Exposure Lodges with docks have exposure and need additional insurance. The Self-Insured Master Liability Program specifically excludes coverage for any owned boats over 18 feet in length. Lodges are covered for claims arising out of the use of non-owned water craft under 52 feet in length, however there is no coverage for the owner of any boat. Lodges with docks should purchase a marine liability policy that covers docks, moorings and other facilities. This will protect Lodges from claims by owners of moored boats or any other third parties. Lodges Workers Compensation policies should include appropriate endorsements that provide coverage for work related claims arising out of maritime or dock circumstances. The Property Plus Program does not provide flood coverage for docks or marinas, nor does it provide coverage for any storm surge. Lodges should obtain coverage on an all-risk marina form that would cover floods and storm surges. Contact Aon at or a local agent to get a quote for coverage. Beware of scams Scam artists always follow the money, so look out for the following Deposit cash in the bank promptly, do not wait until the next day Government agencies/law Enforcement never ask anyone for cash for any reason Do not provide anyone with bank account information The IRS never directs Not For Profit Corporations to make special payments Someone in need requests plane fare and cash since they heard that the Elks do good deeds An unsolicited free inspection of the roof or crawlspace will result in an unnecessary repair bill Make sure that you know the sender of an before you open it to avoid cyber scams Certificates of insurance What you need to do when someone requests a certificate of insurance from the Lodge A Certificate of Liability Insurance can be found on page 8 of the Liability Insurance Program Copy the certificate and provide it to anyone that requires proof that the Lodge has liability insurance Lodges that require specialized certificates should also refer to page 9 of the Liability Insurance Program for guidance on how to obtain a certificate through Aon Affinity Services, Inc. (The Elks Team) Contact the Grand Lodge with any questions about certificates of insurance Special Event Policies Anyone using Lodge facilities must sign an indemnity agreement and provide a Certificate of Insurance that names the Lodge as additional insured. If the entity or individual cannot name the Lodge as additional insured on their insurance policy, special event policies can be obtained by contacting Aon Affinity Services at Page 5 of 6 SPRING 2017 Lodge Rental Agreements The following should be included in all rental agreements: Conform to the Laws of the Order regarding closed door requirements; Follow pages of the Liability Insurance Program; Include a provision for an indemnity agreement; Require a certificate of insurance naming the Lodge as additional insured; Describe the area to be rented, indicate any restrictions on use; State all rental fees and a clearly defined cancellation policy; Service of alcohol will be controlled by the Lodge, no outside alcohol is allowed; The self-service of alcohol, including the use of pitchers and self-service kegs is not allowed; The Lodge will follow all legal requirements regarding the service of alcoholic beverages; The Lodge will reserve the right to refuse service to anyone at the discretion of the servers; The renter s clean-up responsibilities/requirements should be clearly indicated; The Lodge must not sign an agreement assuming responsibility for hired security personnel; and The Lodge has the right to stop inappropriate behavior and shut the event down entirely. If a renter cannot provide an additional insured certificate insurance naming the Lodge as an additional insured, contact Aon s Facility Rental Program at to obtain General Liability and Liquor Liability coverage for the Lodge and the renter. Page 6 of 6 SPRING 2017
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