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When Should a Retail Business That Sells Products to Consumers Consider PI Insurance?

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A Retail Business is a business that sells products to consumers (excluding manufacturers, importers/exporters).

It is important to firstly explain the coverage provided by each of these policies. These policies do not overlap or provide dual cover. We have summarised an overview of common policy feature provided by each of these policies. However, each insurance company has their own policy wording. This means that coverage can vary considerably from one insurer to another, and the following overview provides only a common outline of policy features. It is important that you compare each policy based on the appropriateness of cover for your individual business needs and seek professional advice.

Public & Products (Broadform) Liability Insurance policies provide insurance cover in respect of insured’s liability for loss or damage caused negligently to third parties, who are not the insured, as a result of an occurrence in connection with the insured business.

It indemnifies the insured business against legal liability to pay compensation in respect of personal injury or property damage claims arising in respect of the Product &/Or Service sold or supplied by the insured, however it does not cover product warranty and is always subject to terms, conditions and exclusions.

In addition, these policies also provide cover for defence costs even if the action against you is false or fraudulent, and provides that an excluded circumstance does not apply.

Personal Injury – Cover may include:

– Death, bodily injury, sickness, disease, disability, shock, fright, mental anguish and mental injury

– False arrest, wrongful detention or imprisonment, and malicious prosecution

– Wrongful eviction

– Assault or battery

– Libel, slander, defamation of character or invasion of the right of privacy

Property Damage – Cover may include:

– Physical Damage to tangible property

– The loss of use of tangible property which has not been damaged but cannot be used due to Damage to other tangible property

Additional Comments

Common exclusions – Advice for a fee

– Does not provide cover for pure financial loss where no injury or damage has occurred

Policy Trigger for a Claim – Bodily Injury or Property Damage

Professional Indemnity Insurance protects an individual and/or company against claims made against them by a third party for financial compensation arising from a breach of their professional duty. It is an essential protection for professional advisers who provide professional advice or expertise services to third parties.

It provides indemnity for claims brought against the insured company and its principals, partners and employees for financial loss arising from a breach or an alleged breach of your professional duty in the course of conducting your business.

Policy features may include:

– Trade Practices Legislation – Libel & Slander – Dishonesty

– Loss of Documents – Defence Costs – Official Enquiries Cover

Professionally Indemnity Insurance generally aims to provide protection for:

– settlements, compensation and/or damages awarded against them;

– legal costs and other expenses associated with defending a claim.

Who is a Professional adviser?

Anyone who gives to another person advice and/or services of a skilful character according to an established discipline might be regarded as a ‘Professional’ adviser.

Why do Professionals need Professional Indemnity Insurance?

A Professional will hold himself or herself out as having a special skill, which can be relied upon by another. Consequently, the law requires that the Professional exercise the required skill to an appropriate level expected by that profession.

Professionals are only human and mistakes do happen. Any financial loss, injury or damage arising from a mistake or failure by the Professional to exercise the required level of skill may mean that an award is made in favour of a person who suffers a loss, damage or injury. A Professional may also be held to be liable for a mistake even though there was no negligence.

In the event that a financial loss, injury or damage arises from a failure to provide that appropriate level of skill, it may result in an award for damages being provided to the third party that suffers the financial loss, injury or damage. The Professional Indemnity insurance provides cover for damages awarded against the Insured Person and/or Company including costs or expenses incurred in defending the claim.

Additional Comments

Policy Trigger for a Claim- Financial Loss arising for a breach of professional duty.

It is important that Professional Indemnity Insurance and Public & Products Liability Insurance work collectively to ensure that the main exposures of your business are covered.

When should a Retail Business that sells and supplies Products consider Professional Indemnity Insurance?

Several key areas for business owners to consider when selling and supplying products:

• A business that charges a separate fee for advice should have professional indemnity insurance covering their overall business or the area of their business that provides advice for a fee. As mentioned above, the liability insurance policies generally excludes advice for a fee, so in the event that there is no professional indemnity cover in place, claims arising from advice for a fee would be uninsured. For example:

Computer Retailer

A computer retailer that supplies products and charges a separate fee to program and install software / hardware.

• If a Retail Business provides advice in accordance with their product sales and the manufacture instructions and does not provide a separate fee for advice regarding the sales of their products. In the event of a claim arising from negligence in relation to products sales that results in injury or damage, your liability insurance policy should generally respond (subject to the terms and conditions of the policy coverage).

However, for some Retail Businesses, in the event that they are negligence, their clients may not necessarily incur injury or damage, but pure financial loss. We provide the following examples:

Fertilisers Retailer

In the event that the wrong fertiliser was provided, and the crop did not produce, there may not necessarily be any injury or physical damage, only pure financial loss.

Pool Company

Supply of pool chemicals (licensing also requires Pool Companies to maintain Professional Indemnity Insurance)

A business owner should always obtain professional advice when obtaining and reviewing their insurance. Insurance products are legally binding contracts and under current legislation it places responsibility on all parties to an Insurance Contract to be aware of the details of that Contract. Insurance companies are not licensed to provide advice and can only explain their product features. They do not advise on the suitability of the cover for a business.

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Greyhound Racing: What The Coloured Jackets Mean

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The typical greyhound race in the UK consists of six dogs. Each dog is identified by the coloured jacket it wears for the race. The colour signifies its starting position – in other words the trap number it races from – and helps you to identify the dogs as they are racing. The colours are standard so it helps to become familiar with them for your night at the greyhounds. Let’s take a run through them.

The red jacked is always worn by the dog starting from trap one. This is the starting position closest to the inside rail. Such animals generally have a preference for running along the inside of the track and are known to race goers as “railers.” A railer typically requires a good burst of early speed to hold its position in to the first corner and not get baulked by the opposition.

The blue jacket is always worn by the dog starting from trap two. This trap is also generally favoured by railers with such dogs seeking to get over to the rail in front of the greyhound in trap one.

The white jacket is always worn by the animal starting from trap three and the black jacket is always worn by the greyhound staring from trip four. Such starting positions are generally favoured by greyhounds who have a natural preference for running along the middle of the track as signified by the (M) notation next to their name in the race card.

The orange jacket is always worn by the greyhound starting from trap five and the black and white striped jacket by the greyhound starting from trap six. Such staring positions are generally favoured by greyhounds who have a natural preference for running towards the wide outside of the track as signified by the (W) notation next to their name in the race card. A potential advantage of wide running is that the frequent first turn scrimmaging can be avoided.

Trap position does make a difference and should be taken in to account when looking for betting opportunities. A greyhound running out of position can be harmful to its chances though usually for graded races trap preference is taken in to account by the racing manager and a wide runner will not be placed in to an inside trap and vice-versa.

This is to avoid trouble in running. For example if a greyhound which is normally a wide runner was to be placed in trap one its natural instinct would be to seek the outside rail and move right out of the traps. This could cause interference with other dogs in the race.

It can be a fun night out and need not break the bank as entry is not expensive. Many race goers like to enjoy a meal as they watch the racing from the comfort of the restaurant. A few minutes familiarising yourself with the different coloured jackets, the starting position and if your chosen greyhound has a noted preference for trap position can aid your enjoyment when going for a night at the greyhound racing.

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How Do YOU Measure Success

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It was in January of 1962 when Barnsley P. Wentworth III told his father that he wasn’t going to be a doctor: he was going to be a clown. Without hesitating his father replied, “Then you will never amount to anything. Consider yourself a failure.” That was the moment Barnsley P. Wentworth III fell from his father’s grace, changed his name to Juggles, and became a clown. It was his greatest joy. It was his greatest passion. And he never made more than $50 a job.

It was a hot afternoon in July and Juggles was driving back to his hotel after working all day at a county fair, when he took a wrong turn into a trailer park and saw the mailbox covered in balloons – the calling card of a child’s birthday party. He sat there for a moment, looked at his watch, shook his head, sighed, and grinned from ear to ear as he put his rubber nose back on and jumped out of the car. He saw a little red head peeking through the flowered sheet curtain followed by piercing squeals as the door burst open and children rushed at him like excited puppies finding food. He would never forget that sound or the shocked look on the mother’s face as she whispered thank you and started to believe again. Or the sheer adoration on the birthday boy’s face as Juggles signed his cast and he solemnly vowed to never wash his arm again as he hugged Juggles’ striped leg and that moment was branded into his memory as he whispered thank you and started to believe again.

Juggles never stopped being a clown. Day in and day out. It stayed his dream and remained his passion. Even when his hair fell out and he was too weak to honk his nose – even from his bed, when what little fans that were left had to come to him. It was March of 1998 when Juggles died, wearing a big red nose and a contented smile. He never made more than $50 a job.

How do you measure success?

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When Do Interns Have to Be Paid? Revised FLSA Test May Create New Unpaid Internship Opportunities

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Did you know that the Department of Labor recently changed the test used to determine whether interns are employees under the Fair Labor Standards Act (FLSA)? Though mostly overlooked, this development may significantly affect the manner in which employers provide internship opportunities. It may also encourage other employers to start their own internship programs.

In January 2018, the Department of Labor clarified that going forward, a “primary beneficiary” test will be used to determine whether interns are employees of “for profit” employers under the FLSA. Why is this a big deal? The FLSA’s minimum wage and overtime pay requirements generally apply to employees, not interns.

Educators and employers alike agree that individuals can benefit greatly from properly designed unpaid internship programs. Unfortunately, since interns are not entitled to compensation under the FLSA, they may be exploited by employers who use their free labor without providing with an appreciable benefit in education or experience. The DOL began issuing informal guidance to prevent this kind of abuse in the late 1960s.

In 2010, the DOL published a 6-factor test to distinguish between interns that don’t need to be paid under the FLSA and employees that do. One factor in particular proved to be a nearly insurmountable obstacle. “The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded.”

Since all six factors had to apply, many believed this test was too rigid, including some federal appellate courts. These courts instead opted to apply a “primary beneficiary” test that:

  • focuses on what interns receive in exchange for their work;
  • gives courts the flexibility to examine the economic reality of the intern/employer relationship; and
  • acknowledges the uniqueness of internships in that interns agree to perform work in exchange for educational or vocational benefits.

In January 2018, the DOL essentially adopted this “primary beneficiary” test to eliminate unnecessary confusion and provide increased flexibility to holistically analyze internships on a case-by-case basis. This test includes seven factors to consider when determining whether an intern is actually an employee under the FLSA.

  1. Expectation of Compensation. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee-and vice versa.
  2. Training. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including clinical and other hands-on training provided by educational institutions.
  3. Education. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.
  4. Academics. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.
  5. Duration. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.
  6. Displacement. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.
  7. Promise of Employment. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

Unlike the rigid six-factor test, the primary beneficiary test is intended to be flexible. No single factor is determinative and additional factors may also be considered on a case-by-case basis when appropriate.

The FLSA’s “internship exclusion” was quite narrow under the old six-factor test. Whether this changes under the new primary beneficiary test remains to be seen. Nevertheless, employers should proceed cautiously when evaluating and determining whether someone can be treated as intern under the FLSA, rather than an employee.

The risk of employment-related claims goes up whenever laws and regulations change. Employment Practices Liability Insurance, which may include limited wage and hour coverage, can protect employers in the event of an inadvertent violation.

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