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Realtors….Help your clients save on Homeowners Insurance Premiums! For Homes constructed before 2002, you should contact us for a review of their Wind Mitigation Inspection form and Homeowners Policy. We will determine if they are receiving the proper wind mitigation credits and provide you with our best premium proposal. We have construction, wind mitigation and home inspection experience and are able to provide up to date information. If we determine that you can “Save” from adding the “Third Nail” to the wall to roof truss metal connection…… We will determine your estimated Homeowners premiums savings. We will recommend a couple of companies who specialize in “Adding the Third Nail”. They will make a Free inspection and provide a written proposal. These licensed companies can complete the required work and provide a New Wind Mitigation Inspection Report. Typically the cost of adding the Third Nail for a 2500 SF home is about $ 800., one time. The typical Windstorm Premium Savings is $ 600. to $ 1,000. every year going forward for this home. Your actual savings will depend on your individual situation. This is Big! Homes built prior to 1960 typically do not have metal straps or clips. Many times these homes can be retro fitted to install the metal connectors and nails required by the building code. Call us about a free evaluation. This is a useful tool to use with new and existing clients. Make them aware. Call SWFL Insurance Agency today 239-265-9577. We will help you save money!! Email us at Joshw@SWFLAgency.com See our SWFL Agency Blog for more useful articles

YES. You are upside down as soon as you drive off the lot. What should you do now? Make sure you have GAP Insurance…If not, request it on your auto policy pronto. Gap insurance pays for the “Gap” between what you owe on your car and what it’s worth if it’s total loss in a covered accident, theft or other loss. Some providers—call it Loan/Lease Payoff coverage. It’s easy to determine if you need it A quick comparison between what you owe on your vehicle (info you can get from your lender) and what your vehicle is actually worth will help you determine if GAP is for you. So ask: Do you owe more than the vehicle is currently worth …..You are “upside-down” on the loan ? If so, and if the car were totaled, could you pay the difference between what you owe and what your vehicle is actually worth today? If the answer to that second question is no, then buying gap insurance is probably a solid choice. What does gap insurance cover? Gap covers the difference between your vehicle’s value and what you owe. So, let’s say you get into an accident and your insurance company declares the car a total loss. If you have gap insurance, the scenario would play out like this: $28,000—Amount you owe your lender (principal and interest). $25,000—Amount your insurance company says your vehicle is currently worth … which the insurance company calls the “actual cash value.” $3,000—Difference between your loan balance and the “actual cash value” for the car. $3,000—Additional amount your insurance company will pay if you have GAP Insurance. Know that this is a simplified example and other terms could apply. Most insurance companies will have Loan/Lease Payoff coverage limits that will pay up to 25 percent of the actual cash value of your vehicle at the time of the loss. Still, that might easily make the coverage well worth a few extra dollars of premium. Coverage language can vary by company. Please review the policy form for coverage language. Where do you get it? You can buy gap insurance a couple of ways: through your car your auto insurance company, dealer or lender. The types of losses covered vary depending on the company providing the coverage, so be sure to clarify what is covered before making your decision. And, be aware that if you’re leasing a vehicle, leasing companies often include gap insurance in their contracts automatically. The cost can vary, too. While most dealers and lenders offer the coverage, it may be cheaper to buy it through your insurance company. Plus, you get the benefit of having it billed as part of your total insurance premium, and generally speaking, the claims process is smoother as you’re working with just one company and one claims representative in the event of a loss. A couple more things to note about Gap Insurance: To buy the coverage, your lender must be a financial institution rather than an individual and your policy must have comprehensive and collision for the vehicle. To use the coverage, your claim must be covered under comprehensive or collision and your vehicle must be determined a total loss. Call SWFL Insurance Agency at 239-265-9577 for an Personal Auto quote with GAP Coverage. Travelers and Hartford have Great Rates. It only takes a few minutes to a premium quote.

Sooo…..You purchased a gas powered “golf cart” that you want to use on the streets in your neighborhood and to take with you on vacation in the Keys. What kind of insurance do I need to purchase? Do I buy car insurance or what? What if my Homeowners Association requires insurance? Did you hear the one about the grand parent who ran over someone with a golf cart in the street and they died? Does your new vehicle qualify as a Golf Cart or a Low Speed Vehicle? Be careful. If the vehicle is to be used on the street and is registered, then it will most likely have to be insured as an LSV on an Auto Policy with at least Personal Injury Protection and Property Damage Liability. If it is a Low Speed Vehicle (LSV), it must meet all of the following Qualifications: Registered for street use. Can travel in excess of 20 mph, but no more than 25 mph. Has all of the following: Headlights Front & rear turn signals Tail lights Stop lights Reflex reflectors (reflectors on sides of the vehicle) Exterior mirrors mounted on driver’s & passenger’s side of the car or an interior mirror Parking brake Windshield Seat belts 17 Digit VIN – Exception: Not all golf carts/low speed vehicles have a VIN, if that is the case enter all X’s in the VIN field. If the vehicle is a golf cart that has been converted to an LSV, the Florida title will have a department assigned identification number starting with “FLA”. If the vehicle or golf cart qualifies as an LSV, the vehicle must be insured under an “auto” policy that includes PIP (Personal Injury Protection) and PD (Property Damage Liability) at a minimum. Typically there must be an auto policy in force that the LSV will be added to. Progressive Insurance has a program to cover the Golf Cart, the LSV, the Motorcycle, the ATV and other motorized vehicles. If the golf cart does not qualify as an LSV, the vehicle needs to be written in a Motorcycle program. Golf carts that are not registered for street use and are capable of speeds less than 20 mph are acceptable in the MC program. The Motorcycle program does not offer PIP coverage and will not satisfy the statutory requirement of an LSV registered for street use. Exception for Florida: Progressive Insurance accepts Low Speed Vehicles converted to golf carts in the Motorcycle program if it travels at a speed not to exceed 20 miles per hour. Rates as an off-road use to comply with golf cart; however, may be driven on roads on private property, within gated communities, etc. Please review this brochure from the Florida DMV for more information. Not having the proper coverage can get your drivers license suspended. If you have any questions, contact SWFL Insurance Agency for a review of your vehicle and how to insure it. 239-265-9577 info@swflagency.com www.SWFLAgency.com

I accidentally picked up my Homeowners Policy (Good gosh…not to read it) and there it was in BIG BOLD Letters….IMPORTANT: ORDINANCE & LAW COVERAGE IS A PART OF THIS POLICY! Why the shout out from my insurance company? First, your Homeowners Policy provides coverage which has the intent to rebuild or repair a damaged structure and return it to the state in which it existed prior to the loss caused by a covered peril. This coverage is not intended to pay all of the costs to update the structure so that it complies with current building and zoning laws, codes and ordinances. This becomes a particular issue when a structure is substantially, but not completely, destroyed and when the undamaged portion of the structure requires extensive renovation to comply with current building and zoning laws, codes and ordinances. The Florida Building Code that went into effect in March, 2002 substantially changed how homes are constructed from the concrete and reinforcement steel to the roof covering. If your home was permitted for construction prior to March, 2002, many aspects probably do not meet code. In most counties, “When repairs and alterations amounting to more than 50% of the value of the existing building are made during any 12-month period, the building or structure shall be made to conform to the requirements for a new building or structure or be entirely demolished.” Without adequate Ordinance & Law coverage, you would be responsible for the cost of demolishing the rest of the structure, the removal of that debris, and for the cost to rebuild the undamaged portion of the house. You can easily imagine those kinds of costs running into the tens of thousands, or even more. Ordinance or Law coverage is designed to help fill that gap. Ordinance & Law coverage can come into play on smaller damages as well. A storm may damage a portion of your roof, which would be covered by your Florida homeowners policy after your deductible. But building regulations in your area might require that the entire roof be retrofitted with tie-downs or even replaced to meet new hurricane resistance standards. These upgrades, even though they are required by law, are regarded as home improvements by your home insurance and are not covered. Without ordinance or law coverage, you will pay the difference out of your pocket. Ordinance & Law coverage will fill the gap, helping you to bring your house up to code. Typically, the HO3 Homeowners Policy Form includes Ordinance & Law coverage for 10% of the building coverage. However, some companies do not include O&L coverage and it must be purchased as an endorsement. Other carriers offer 25% and 50% O&L coverage. This coverage is not expensive. You should discuss this matter very thoroughly with your agent. Be prepared for whatever Life throws at you. We at SWFL Insurance Agency understand property values, Building Codes and how to apply Ordinance & Law coverage. Call us at 239-265-9577 for a competitive insurance proposal.

Insurance carriers are now starting to take a position on the “personal” drone and coverage under the Homeowners Policy form HO3. A quick snapshot looks like this. Ownership of a drone will not adversely affect underwriting of your policy Owners are required by FAA to register the aircraft. FAA Usage must be for hobby or recreational use only. Homeowners are expected to operate aircraft responsibly and safely. The drone will be covered for damage by an insured Personal Property named peril subject the applicable deductible. There is no coverage for Bodily Injury or Property Damage caused by any sort of aircraft, no exception for hobby aircraft. Personal Injury, such as invading privacy appears to be covered for now. Consult your own policy for specific language. Other Drone related articles that may be of interest. Florida Drone Law,So…You bought a drone. SWFL Insurance is always available to answer any questions that you may have about your policy. Please call us at 239-265-9577 for all your insurance needs.

Condominium coverage provided by the HO6 Policy Form for Condominium and Co-op owners, bridges the gap between your condo association’s master policy (which insures property owned by all unit owners) and your property and personal liability protection. The master policy includes coverage for the actual building in which you reside, as well as common property like a pool or gazebo. Your condominium owners policy offers you the following important protection: Additions and Alterations According to your Florida Condominium Statute 718.111, you most likely are responsible for interior parts of your unit such as floor coverings, cabinets appliances, etc. The condominium statutes in Florida changed substantially in 2008. Check with your condo board and management company to understand clearly what you are responsible for insuring and what the Association must insure. The statute now dictates the responsibilities, not the condo documents…..so be warned. Determining the Insurable Value for the Coverage A Dwelling -Additions and Alterations can be difficult but very important. The following items are typically excluded from coverage by the Association and you must insure them. Floor coverings, tile, wall and ceiling coverings, paint but not drywall, and in most cases Plumbing and Electrical fixtures, Appliances, Water heaters and filters, Built in Cabinets and Counter Tops, Window treatments and Replacement of any of these Additions, Alterations and other improvements that you or a previous owner may have installed and were not a part of the original unit. Additional information can be viewed at What is Additions and Alterations? SWFL Insurance Agency can aid you with determining the proper values for this coverage. Call us. Air conditioning units, no matter where located, are the primary insurance responsibility of the Association. Personal Property Coverage A condominium owners policy provides coverage for your furnishings and personal possessions against such covered hazards as fire, lightning, windstorm, hail, explosion, collapse, smoke or vandalism. This is also called Coverage C – Personal Property and it ensures that your damaged or destroyed property is protected up to the amount of insurance protection you purchase. If you were able to turn your condo unit upside down, everything that would fall out is considered Personal Property. Theft protection: the condominium owners policy also protects your property against practically every type of theft loss in your condo or anywhere in the world. Also included is coverage for thefts from your unattended car or boat, even if there is no evidence of forced entry. Special coverage for important possessions: Most condo policies offer special amounts of coverage for certain types of property. For example, $200 for money and coins $1,500. For Securities, evidences of debt, bank notes, personal records, etc. $1,500 for theft of jewelry, watches or furs $2,500 for theft of firearms $2,500 for business property at home. You may be able to increase these amounts. See policy language for the actual special limits that apply to the policy that you purchased. Optional Property Coverages Every home is different. You may require special coverage for your individual needs. The following coverage may be available: Broadened Coverage for Contents: Provides “all-risk” protection for your possessions. This means that your personal property is covered in most situations, regardless of the cause of loss. Contents Replacement Cost: pays full cost to repair or replace most personal property in your condo with no deduction for depreciation. Personal Articles: provides higher limits and in most cases, worldwide protection for special property such as jewelry, silverware, fine art, furs, cameras, firearms, musical instruments, and home computers for an extended variety of losses Coverage for other structures: you may own other structures that are not part of your basic condo unit (such as a carport, detached garage or storage shed). If these structures are not considered to be common property, they are not covered under your Association’s Master Policy. This coverage would insure these other structures. Deductibles A deductible is the amount of loss you agree to assume before your insurance coverage takes over. There will typically be a Hurricane Deductible of 2% or more and an All Other Perils Deductible of $ 500. or more. The Hurricane/ Wind deductible typically is an annual deductible and is a Percentage of the insured value. ie) 2% of $50,000., the insured value is $1,000. Typically the higher your deductible, the lower the cost of your policy premium. The deductible applies to property losses only. Liability protection does not require a deductible. Additional Living Expenses If your unit is damaged and you have to move out while it’s being repaired, you’re covered! The policy pays for all necessary living expenses (hotel, meals, laundry, etc.), in most situations, up to 40% of the contents coverage amount you selected. Loss Assessment Coverage Protection may be available for coverage against financial loss if damage to commonly owned property exceeds the amount of coverage in the Master Policy. If your condo association is forced to assess all unit owners for the additional loss (or for personal liability claims against the association), you’re covered! Coverage typically is limited to $ 1,000. It is important to understand what deductibles apply to the Association insurance policies, both property and liability. Inadequate coverage limits and deductibles can yield loss assessments to unit owners. Personal Liability Protection Liability coverage is important protection in the event that you are sued for accidentally hurting other people or damaging their property. Personal liability helps to cover the associated legal costs and related damages. Most condo owners policies provide $100,000 (minimum) of financial protection against liability claims and lawsuits brought by others for accidental bodily injury or damage to their property. Higher Liability Limits and Umbrella Liability Policies should be considered in your wealth protection planning. While in your condo Caused by your personal activities, including most sports Caused by your children or pets. Careful here, some carriers exclude Animal Liability. Damage to property of others: Should you accidentally damage someone else’s personal property while that property is in your care, your owners policies will pay up to $500 for each occurrence.

Sooo…..You are headed to Sanibel to show a condominium to a new customer, who you have just picked up at SWFL International Airport. You are talking with the client, who is seated in the passenger seat. A text comes in on your phone, you look down… 3 lanes of traffic in front of you STOP…..and you do not. The accident totals your car, and both you and your passenger are seriously injured and taken to hospital. What happens next?? How is your insurance going to respond? Let’s first look at what auto insurance coverage you have purchased. Soooo….You went online and purchased what you thought was an adequate policy, a Personal Auto Policy. You did not research the language in the policy and you filled in the blanks of the online app with the “easiest” answers that you thought would get you the cheapest premium. Here are some important points to remember…… A Realtor’s largest “Liability Loss Exposure” probably comes from the amount of “on the job” driving that they do. Personal automobile insurance policies typically will not cover a vehicle that is intended for “regular business use,” which is defined differently depending on the policy. Many personal lines policies put restrictions on how much you can actually drive your personal vehicle for work and whether you can carry customers. ASK YOUR AGENT. Make sure he is aware of how you use your vehicle. If you use your vehicle for “Business Use” most of the time, you should definitely consider purchasing a Business Auto Insurance Policy. Realtors are typically on the road most of their working day. There are “blurred lines” as to when you are “on the job” and when you are on “personal time”. Are you doing business under an S Corporation or LLC? Your “business use” vehicle should be insured under a Business or Commercial Auto Policy with the business entity being the “named insured ” and your name should be shown as an “Additional Named Insured”. Your RE Broker should be shown as an Additional Named Insured on this policy. You have a “higher duty” to be properly insured when you are carrying customers and working under a RE Broker. Take the risk out being properly insured, use the Business Auto Policy. Always carry Medical Payments at the highest limits available. This coverage will be available to your passengers. Personal Injury Protection – PIP coverage will typically respond for you and your passengers. This provides some medical and lost wage coverage. Your out of state customer may not have PIP coverage available. Always carry Uninsured Motorist coverage at the same limits as your Bodily Injury Limits. UM will typically respond for passengers when an Under or Uninsured Motorist is the cause of the accident with your vehicle. Always carry the Bodily Injury and Property Damage Limits at the highest limits that you can afford to protect you and your business entity for “at fault” accidents. Request Drive Other Car coverage to provide protection when you are renting a vehicle. If you have a personal vehicle, titled in your name and insured in your name, be very careful using this vehicle for business. Have your agent confirm that your present policy will respond should you have and accident while on the job and carrying clients. Do not assume that you have coverage. Always read and understand the intent of the insurance policy that you are buying. Call SWFL Insurance Agency at 239-265-9577 for a review of your present coverage and a premium proposal.

Sooo…..You have just received a call from the listing agent for a lovely water front condo His seller has accepted your customer’s purchase offer. You advise your buyer that the seller wants to close asap. This unit has had substantial remodeling completed and the subject of insurance comes up. So…….. will the Association Master Policy cover any of the improvements? How does the HO6 Condominium Owners Insurance Policy insure these improvements? What is covered by the HO6 policy? Personal property or contents is covered for this loss to the limit purchased for Coverage C, Personal Property. As distinguished from personal property, “Addi­tions and Alterations” are those properties which comprise a permanent attachment to the condo unit and are installed within the perimeter walls, floor and ceilings of the unit. This includes items originally installed, as well as improvements made by the unit owner. Since 2008, Florida Statutes provides that the word ‘building’ does not include floor coverings, wall coverings or ceiling coverings, electrical and plumbing fixtures, appliances, air conditioner or heating equipment, water heaters, built-in cabinets and tops included within the perimeter walls, ceiling and floor of a unit and the unit owner is required to repair or replace these items. Any such interior items additionally installed by the unit owner after acquisition of the unit, or any increase in value created in upgrading the existing interior items, would have to be protected by the unit owner unless responsibility is assumed by the condominium association and covered by the association insurance. These items are covered under the Condominium Owners Insurance Policy, Form HO6 as Coverage A, Dwelling/ Building. This Coverage A Loss Exposure demands very close attention of the condominium unit owner. Two important questions must be resolved: (1) what property is the responsibility of the unit owner, and (2) what is a proper valuation of such property? When purchasing Condominium Unit Owners Insurance, it is important to determine the following: What do the condominium documents say about which “building” or Additions and Alteration items you are responsible for, to insure and maintain? What improvements were made to the unit by previous owners. Can you obtain costs of improvements? Have there been any previous insurance claims involving this unit or building? Determine if you are responsible for roof covering or any part of air conditioning system? Has a Windstorm Mitigation Inspection been made for the Association in reference to your building? This report can yield premium credits for your Condo Unit Owners Policy. If the unit is older, have the baths and kitchen been remodeled? Has the AC system been replaced? Has the roof been replaced? Has the electrical system been upgraded? Ask about any “large deductibles” that apply under the Association insurance policies. You may be assessed for a portion of these deductibles at the time of a loss. Are there any pending Loss Assessments that apply to your unit? Will you need Flood Insurance? We can help you understand your risk. SWFL Insurance Agency has the ability to help you accurately establish the value of your Additions and Alterations coverage. We have competitive rates and have carriers that can provide HO6 policies that include Wind and Hurricane coverage for properties on the Islands and beachfront, as well as Inland properties. Quotes for an HO6 are Quick and Free. Call SWFL Insurance Agency us at 239-265-9577 or visitwww.SWFLAgency.com .

We often forget that our auto insurance policies are contracts. Besides paying your premium on time, in order to keep your car insurance rates down you should abide by your car insurance company’s rules. But how can you abide by the rules when you don’t even know what they are? Here are 10 common scenarios that people ask about. If any of these hit close to home, quickly fix the issue before you get in a pickle. You haven’t added a licensed teen to your car insurance policy. Withholding information about your teenage driver from your car insurance company is a big no-no. They will find out….They will either increase your premiums or cancel your policy. If there is an accident before they find out, the company can deny the claim and cancel your policy or cover the claim and request all back adjusted premiums. You let your adult child take your car when they moved to another state. Car insurance companies expect to be informed about these changes. If your daughter were in an accident, your insurer could say you concealed vital information about the vehicle’s location, deny your claim and cancel the policy. The better way, add the child’s name to the car’s title. Then your child can buy insurance for the car in her own name and using her new address. This will also allow your child to register the car in her new state, which most states require. You sold your car to your son but still carry the insurance on it. Not good. In general, you cannot carry insurance on a car in which you don’t have an “insurable interest.” Typically those with an insurable interest are the car’s owners, lienholders and co-signers – meaning those who would be affected financially if something happens to the car. Your child should buy car insurance for the vehicle. If he’s still a minor, you may have to be on the policy with him. Minors typically must have a parent or guardian involved in the auto insurance contract. You could face problems submitting a claim if you have failed to tell your insurance company about the ownership change. Or worse, the car insurance company could say you hid the change as a scheme to get lower car insurance rates, which would qualify as insurance fraud and a reason for it to deny claims and cancel the policy. You are financing and insuring a car for a relative who lives out of state. Auto finance companies want evidence that the car loan is in the same name as the insurance policy. Since you’re not the primary driver of the car, nor is the car at your residence, it is difficult, if not impossible, for you to insure the car. You should contact the finance company to see if it will allow your relative to be the “named insured” on a policy. If it agrees, your relative has the hurdle of finding an insurance company in her state that will permit her to insure a car she doesn’t own. If she can find such a company, then she still has to list you and the finance company on the insurance as owner and lienholder, respectively. If you carry insurance on the car without telling your insurer about the situation and your relative wrecks the vehicle, it’s very likely the accident wouldn’t be covered. Your car insurance company is likely to call you out for misrepresenting who was driving the car and where it was located, and cancel the policy. You lend your car to a friend for a few months and don’t notify the insurance company. Your car insurance policy typically will cover a friend who drives your car occasionally, but it’s a different story when you loan your car out for a long period. The car is now housed someplace other than your residence, and someone else is acting as the primary driver of the car — both circumstances your car insurance company wants to know about. If your insurance company’s rules allow, you may be permitted to add your friend as a driver to your auto policy, but most car insurance companies don’t want to add a person outside of the household. If that is the case, your friend should consider insuring the car. Some insurance companies will allow someone to insure a car that he doesn’t own, as long as the owner is listed on the policy. If your friend crashes your car, your insurer can deny claims because you concealed pertinent information about the “real” driver and vehicle location. That can leave you and your friend on the hook for damages he caused. You sold your car and the buyer is making payments but you’re still carrying the title and insurance. Don’t keep your name and insurance on a car that another person possesses! First, as the owner – because your name is still on the title — you have vicarious liability for the actions of the person driving the car that you “sold.” Second, you’re paying for insurance but any claims might not be covered. Your car insurance policy normally covers cars and drivers of your household, not others. If you’re in this situation, you should sign the title over to the new party. He can easily get insurance once he registers the car — and you will no longer be held responsible for his actions. To protect your interest in the car, make certain you’re listed as the lienholder on the car’s title and auto insurance policy. That way you’ll be notified if he tries to sell the car or drop car insurance. You’re delivering pizzas with your personal vehicle. Most personal auto insurance policies exclude coverage if you use the vehicle to deliver items, whether it’s pizza, newspapers, packages or medical supplies. Insurance companies see unsavory risk in delivery drivers because they are constantly on the road. If you want to be paid to deliver items, you should change to a business-use

Sooo….You just had to ask one of your salesmen to clean out his desk. You had received a written claim of some sexual indiscretions claimed by a fellow female sales person. The texts and verbal abuses were claimed to have been made over a 12 month period. Now what? Did you do your due diligence in investigating the claims? Will you hear from an attorney? Either party may sue you since it supposedly happened on company time in the office. Will my business insurance respond to protect my company and me? This type of business professional legal liability situation falls under the heading of Employment Practices Liability. Employment Practices Liability Insurance (EPLI) offers broad policy coverage for discrimination, harassment, and inappropriate employment conduct, including hostile work environment, failure to hire or promote, wrongful demotion, negligent evaluation, deprivation of career opportunity, retaliation, wrongful discipline, libel, slander, defamation of character, and invasion of privacy. Whether you and your company are at fault or not, the legal fees could bankrupt your company. Even an organization with good human resources policies and procedures in place can be sued, and the cost of defending a claim can be enormous. It is not uncommon for legal fees associated with winning an employment lawsuit to exceed $250,000. Here are some examples of real life claims. See if you can relate to any of these claims. Sexual harassment and discrimination — $775,000+ A former employee of the insured claimed she was subject to sexual harassment, discrimination and retaliation. After complaining to human resources that her manager had verbally harassed her on a number of occasions and had touched her inappropriately on two or three occasions, the plaintiff claimed she was retaliated against and terminated. She sued for sexual harassment, retaliation, wrongful termination in violation of public policy, intentional infliction of emotional distress, negligent infliction of emotional distress and tortious assault. Travelers paid more than $225,000 to defend the claim and paid $550,000 in settlement costs. Sexual harassment and discrimination — $450,000 A line worker at a bulk food packaging business filed a charge against his employer with the Equal Employment Opportunity Commission for sexual harassment and discrimination. The charge developed into a class-action suit brought against the insured directly by the Equal Employment and Opportunity Commission. The suit contended that the insured had a pattern and practice of failing to respond to claims of harassment and discrimination. Travelers settled the case for $350,000 after paying more than $100,000 in legal fees. Sexual harassment and assault — $350,000 An applicant sued the owner-operator of a franchised bar and grill, alleging that while she was at the restaurant, and after completing her application, she was harassed, drugged, assaulted and sexually attacked by the employees and managers of the restaurant. Further investigation of the matter showed that after drinking for several hours, the plaintiff decided to apply for a position and that she was the instigator of the sexual activity that occurred. The matter was tried in front of a jury, who found in favor of the insured. Legal fees paid by Travelers exceeded $350,000.* Discrimination and retaliation — $250,000+ The president of a small advertising agency sued the agency for sex discrimination, age discrimination and retaliation. The plaintiff alleged that she and the agency’s CEO engaged in a consensual affair. After the CEO passed away, his widow became Chairperson of the Board. The plaintiff claimed she was wrongfully terminated when the affair was discovered after the CEO’s death. The insured contended there were performance and trust issues associated with the plaintiff’s employment at the agency. The insured prevailed on summary adjudication, but more than $250,000 was paid by Travelers defending the case and subsequent appeal. Discrimination and retaliation – $1,370,000 The head of Human Resources for a hospital system, who was a 64-year-old, was terminated by the plaintiff’s 45 year old boss after findings from an outside consultant revealed that the individual created a threatening, demoralizing and dysfunctional work environment which was not acceptable for a person in that position. The former employee of +20 years filed a lawsuit alleging age discrimination and retaliatory termination for complaining about certain business practices. The case was resolved for a total of $1.15m during mediation. Defense expenses incurred were an additional $220,000. Discrimination and harassment — $287,500 In 2004, the plaintiff, a graphic designer hired in 2001, resigned her employment claiming that she had been subjected to sexual harassment and gender discrimination. Specifically, she named four managers/directors of the insured as wrongdoers. The insured performed a thorough investigation and terminated three of the four people involved. The evidence collected included a long series of sexually explicit emails, jokes and comments in the workplace. The claimant was making $45,000 per year. Travelers paid $50,000 to defend the case before settling for $237,500. Even small companies have this liability exposure. Protect your company. ELPI coverage is available as a stand alone policy or as an endorsement to a Comprehensive General Liability Policy (CGL). The premiums are reasonable. Learn more………Things Employers Wish They Had Never Said Call SWFL Insurance Agency at 239-265-9577 for a discussion of your exposures and a premium quote. You can also email us at joshw@SWFLAgency.com.