Article

4 tips to protect your keyless car

Key-free ignition devices, known as key fobs, were designed to help prevent auto theft. A recent spike in vehicle thefts, however, is in part due to this same technology.

According to a New York Times article, reported vehicle thefts in New York City in 2020 climbed to 6,858 – up from 3,988 the year before. Forgetfulness with key fobs - such as leaving the device in the car or keeping the radio signal it creates turned on - is one of the main reasons for this spike.

Taking proper precautions can help ensure your fob is a convenience for you and not helping would-be car thieves take the wheel of your car.

1. Secure the fob.

At home, store your key fobs away from your vehicle to prevent the radio signal it creates from giving those nearby easy access. If you are able, turn off your key fob signal when you are not using it to deter those trying to capture your signal.

2. Lock it down.

Whether you are leaving your vehicle for 10 seconds or longer, lock it up until you get back. More than half of the reported 2020 New York City vehicle thefts occurred while the car was still running. Take the extra steps to lock all doors and windows, turn off your vehicle and take the key fob with you.

3. Strengthen app-based passwords.

Some vehicles use phone apps as a convenient way to open your car. If you use one of these apps, make sure you use strong passwords and never share these passwords – or your phone with this app – with anyone.

4. Use common sense.

Practice safe habits such as keeping valuables out of sight and parking in well-lit areas to help deter vehicle theft, regardless of the car’s technological capabilities.

Have peace of mind knowing The Hanover offers protection options for you in the event of motor vehicle theft. Talk to your independent insurance agent to learn more.

Sources

New York Times

Forbes

Popular Mechanics

This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC 2021-017

Article

Building and property managers and the New York Labor Law

The New York Labor Law addresses the liability of building owners and property managers for injuries sustained by employees, contractors and employees hired by contractors who make repairs and/or improvements to your property. This includes contractors hired by your tenants. This also includes those hired to do repairs such as an uninsured handyman.[3]  The New York Labor Law holds the building owner or property manager strictly liable for the injuries to a contractor or their employees resulting from anything involving gravity. This could be a fall or being struck by falling items on your property while performing repairs and/or improvements. This could also mean a trip and fall from a sidewalk crack or pothole.[2]

Some additional considerations:

  • There is no minimum height to define how far a victim could fall: a fall can be 20 feet or 2 feet.
  • Can involve a fall from heights or a fall on the ground, such as falling in a pothole or down a slope.
  • Applies to all accidents occurring within the state boundaries, regardless of whether the worker and/or the employer are NY residents.
  • Includes anyone who has an ownership right to the property
  • Includes any party who initiates a work project, such as tenant who remodels leased space or grantee of easement who enters property to make repairs.
  • Includes all types of contractors such as general contractors, subcontractors, sole proprietors, independents or others who have been assigned, or took on the obligation to perform the work, even if they delegated it to another before the injury occurred.

     
    Pedestrians walk under scaffolding on a city street

     

Claims and references under the scaffolding law are increasing as are awards granted to plaintiffs. It is not uncommon for awards to reach $2.5 million per claim.[1]

How can you help protect your company from labor law claims?

When hiring a contractor, ALWAYS:

  • Consult an attorney familiar with NY construction contract law for specific legal advice, and have your attorney review the contract language, including any hold harmless and indemnification clauses, to ensure that the contract best meets your needs.                          
  • Be sure the contractor’s general liability policy is for at least $1,000,000 or more per occurrence, depending upon the circumstances. You should also be named as an Additional Insured on the contractor’s general liability coverage, making you an additional insured for premises/operations and products/completed operations on a primary and noncontributory basis. Further, the subcontractor’s insurance should be from an insurance carrier “admitted” to do business in New York State and carry a minimum of an AM Best rating of A-. Consult with your insurance agent for more information about insurance requirements.
  • Before the work is started, always have your contractor provide you with a Certificate of Insurance for General Liability and Workers’ Compensation. The Certificate of Insurance should name you, the building owner or property manager, as an Additional Insured on the Contractor’s policy.
  • In addition, the contract should state that it is the responsibility of the contractor to maintain a safe workplace. Never allow a contractor to start work on your property without a written contract that includes indemnification for all claims arising out of the work.
  • Never loan or allow a contractor to use your ladders or tools. All equipment needed to complete the repair and/or improvement is the responsibility of the Contractor.
  • Avoid supervising any work that you hired a contractor to perform. Offering specific directions to an employee of the contractor could jeopardize the “hold harmless provision” of the contract you entered into with the contractor.
  • Require the contractor you hire to contractually prohibit subcontracting to others without prior written approval and complete replication of CRT requirements. 
     
    Paper contract

When hiring a contractor, NEVER:

  • Hire ANYONE without a written contract. You should consult with an attorney for the specific requirements necessary. 
  • Have leases developed without the guidance of an attorney familiar with NY state laws.

As a property owner:

  • Make sure you have solid lease agreements with your tenants.   Consult with your attorneys to ensure you have all the legal protections necessary.
  • Ensure you also maintain a current Certificate of Insurance for your tenants. The Certificate of Insurance should have you and/or the building manager named as an Additional Insured on your tenant’s policy. Also, a diary system is needed for tracking policy renewal dates to avoid any missed renewal cycles.

 

References

[1]  The Costs of Labor Law 240 on New York’s Economy and Public Infrastructure, Final Report to New York Civil Justice Institute , December 31, 2013, Submitted by: Michael R. Hattery, PhD , Director of Local Government Studies, The Nelson A. Rockefeller Institute of Government, University at Albany, State University of New York , 411 State Street Albany, NY 12203.
[2[New York City Administrative Code Sidewalk Rules, https://www1.nyc.gov/html/dot/html/infrastructure/19-152.shtml.
[3] New York City Labor Law, http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:, search LAB-Article 10-240.

 

This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation.  By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you.  The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

 

171-10075      LC 2020-505


Article

Prepare your boat for the next storm

Boats are sturdy modes of transportation, but even the most seasoned boater with the sturdiest watercraft must keep one eye on weather forecasts to avoid serious damage.

When strong storms are in your forecast – especially tropical storms and hurricanes – you need to have a plan.

Consider some tips to help minimize the potential of damage to your boat:

 

Watch the weather. Check in often to see what storms might be brewing. The National Oceanic and Atmospheric Administration gives real time updates and can track storms coming to an ocean near you.

Land, ho! Have a plan to bring your boat out of the water and stored in a safe location. If your boat is docked at a marina, communicate well ahead of any storms to coordinate how to safely and timely haul it away from dangerous waters. Talk to your independent agent about hurricane haul out coverage. This protection offered by The Hanover provides coverage to haul out and return your boat to water in the event of a hurricane.

Lower fetch for moor success. If hauling your boat out of the water is not an option, knowing where to park your boat can be crucial. When mooring your boat, know what location sees the least amount of fetch such as canals and hurricane holes, which are narrow inlets and coves surrounded by structures such as trees that can block the wind.

Secure that trailer. Place concrete blocks under the frame, take some air out of the tires, insert the plug and then fill it halfway with water. Lastly, strap the boat to the trailer.

Reduce windage concerns. Strip the boat of all canvas anywhere on board, as these may be damaged by high winds. When the wind gets above 60 knots, it can exploit small weaknesses in the canvas and cause widespread damage.

Anchors away. If your boat is still in the water, consider setting multiple anchors. Use two or three anchors tactically positioned – or consider doubling or tripling your anchors’ attachment points to heavy, fixed points on land.

Change out old dock lines. Be proactive about replacing older dock lines. Consider installing chafing gear or adding mooring compensators or snubbers to reduce the tension these lines face during storms.

Keep those extras from sailing away. Secure all portions of your boat from taking on water, but also consider taking all items not securely screwed down, such as fishing rods, flags, grills and life-rings.

Bring valuables ashore. Remove any valuables, including bedding, fishing equipment and any important boating documents (i.e. your registration) on land until the storm passes. Take out any electronic equipment that can be removed, in case of shorting out if water gets in your boat.

Talk to an independent agent about how The Hanover has coverage options to protect your boat, and help keep it in shipshape condition, as well as savings options when you bundle your coverage with The Hanover.

Sources:

Boats.com

West Marine

Tallahassee Democrat

This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation.  By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you.  The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC 2021-214

Infographic

Steer clear of deer

steer clear of deer infographic

 

Vehicles are not the only ones that travel by road sometimes. Deer on the road pose a danger to drivers. The reason is simple: car accidents. By knowing what to look for to avoid them, and what to do if you encounter one, you can keep yourself and your car safer.

And, while a repair could mean “big bucks,” the right auto coverage doesn’t have to cost a lot of “doe.” Talk to your independent insurance agent about parts coveragenew/newer car replacement, and other options from The Hanover.

Sources:

LC August 2018-356

Infographic

Home safety, home savings

Infographic illustrating how the installation of home safety devices can save homeowners money on their insurance with The Hanover

 

Safety devices can help you save your home from intrusion, fire and costly water damage. But they can save you money, too, when your home is insured with The Hanover. Talk to your independent insurance agent to learn more.

Source: Insurance Information Institute

Article

Outdoor dining ― keeping your employees, customers and property safe

The below guidance is intended to address physical premises exposures, and does not address COVID related safety practices. For COVID-related health and safety practices, please visit CDC.gov/coronavirus.

Note: Prior to implementing any outdoor dining, consult with your local jurisdiction (town, village, city, etc.) on the requirements for outdoor dining and any permits that need to be obtained. The below guidance is intended to supplement your local requirements.

Worker’s compensation and general liability – keeping employees and customers safe

  • The construction of any tents and/or temporary wooden structures should be completed by professional contractors with proper risk transfer controls in place (click here to view our contract management advisory).
  • Tents and temporary wooden structures should be inspected regularly by a qualified person to ensure structural integrity and securement.
  • Umbrellas and any standing coverings should be properly secured and removed during high winds.
  • Consider using highly visible railings or other enclosures to clearly outline the dining area from the parking lot and any area of vehicle travel.
  • Vehicle traffic barriers or other devices should be used to protect the area and designate areas of vehicle travel – consult with your local public works department for the appropriate solutions for your area.
  • If creating walking surfaces, avoid the use of loose materials such as sand and gravel, and use textured or non-slip surface materials.
  • Develop a maintenance plan to keep all walking and surface areas free of litter and debris to reduce the potential for a trip and fall hazard.
  • Ensure sufficient clearances and walkways in accordance with the Americans with Disabilities Act (ADA).
  • Ensure adequate lighting is placed around all walking surfaces and properly secured.
  • Any curbing, platforms, or raised surfaces should be painted yellow and/or with a reflective coating to reduce the potential for trips and falls.
  • Place clear signage/markings/lighting around any storm drains, manholes, utility boxes and other areas that can create trip and fall hazards.
  • Tape down or provide coverings for all cords running along the ground. Ensure all cords or other items in a walkway are secured and do not create a tripping hazard.
  • In cold climates, the dining area should not be placed in areas where water can pool or drain from gutters and freeze, thereby causing a slip and fall hazard. Regular salting of all walking surfaces should be completed before and during dining operations,

Property – reducing the potential for damage

  • The use of heating devices should be restricted to self-contained propane and electric heaters that are UL listed and in good operating condition.
  • Heating devices should be set up and operated per the manufacturer’s instructions, as well as placed with a 3ft clearance on all sides from any combustibles, overhangs/umbrellas, banners, tables, “dining bubbles”, patrons, etc.
  • Customers should be made aware of heater placement and instructed not to touch/move heaters. If a heater is to be moved, this should be done by a staff member trained in the operation of the unit.
  • Open flame heaters, fire places, fire pits, torches, etc. should be avoided.
  • Fire extinguishers should be properly placed and secured around the dining area for use in an emergency.
  • Generators should be avoided due to the ignition potential and carbon monoxide exposure.
  • All electrical devices used for heating, lighting, sound, etc. must be exterior rated and GFCI protected.
  • If parking lot traffic is being rerouted, ensure signage, barricades and markings are clear to avoid any vehicles making contact with the building and/or temporary structures.
  • Do not block fire hydrants and fire department building connections with any tables, structures, or other items so that they can be easily accessed by the fire department in an emergency.

This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation.  By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you.  The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

 

LC 2020-566

Article

Social media marketing: are you following copyright law?

The explosive growth of digital marketing on social media has encouraged inventive ways for advertisers to reach out to their audiences. This newer form of advertising is defined as “The marketing of goods and services via digital technologies.”[8] Digital marketing is different from traditional advertising because it is unique to our social media preferences and browsing history. Digital marketing is a growing business, in fact, eMarketer estimates that roughly 70% of the population will make a purchase digitally this year.[3]

One method digital marketers employ to reach potential buyers is to use “influencers.” A social media influencer is an individual who utilizes a variety of social media platforms to express their opinions on specific brands or products, consequently influencing their captive audience. [2]

Companies can work with influencers in a variety of ways, including paying them to use their videos or to create posts which promote a company’s products. These videos or posts often include tutorials using a product. Influencer marketing is becoming a large portion of marketing budgets; in fact, the influencer marketing industry was set to grow to approximately $9.7B in 2020. [7]

However, there are risks that businesses should consider before making the transition to digital marketing via influencers.

Intellectual property or IP is one of those risks that should be reviewed to ensure there are no infringements that could lead to costly claims for violating intellectual property or Federal Trade Commission (FTC) laws. IP is defined as a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.[6]  Many social media posts include music and songs or pictures that are the intellectual property of others; misuse without permission can lead to copyright infringement claims, which can be costly. One high-profile example: Katy Perry has been sued for $150,000 for posting a photo of herself on her Instagram page; that picture was taken by and is owned by someone else who is now suing Perry.[4]

IP is owned by the creator, who must grant permission to use their property (often there is a cost associated with this use).  IP compliance is a major risk among digital marketers and influencers; according to a study published in 2020 only 14% of influencer posts sampled were fully compliant with FTC copyright guidelines.[7]

Each time a company works with an influencer on social media by sharing posts or videos, the company becomes liable for the contents of that post including any IP infringements. Influencers may share pictures taken by someone else who is the owner of that IP or they may play music while making a video; if they do not have permission to use that owner’s picture or that song from the owner of the music, they and the company who has hired them can be held liable and have to pay damages.  Companies must also disclose that the influencer posts are paid advertisements.  In addition, whether companies use influencers or other methods of digital advertising, if they use copyrighted or licensed material of others then they need to make sure they obtain written permission from the owner.

While these instances of copyright infringement may have been accidental, they can be costly. Awards to the owner of IP are based on the number of instances of infringement. These generally average between $750 to $30,000 but can also go as high as $150,000 or even more. [1] So, avoiding copyright infringement is important when advertising with social media and hiring influencers.

When advertising on social media it is generally best to assume items such as songs, pictures or art work, and video are protected by copyright and take steps to protect your company from claims of copyright infringement. The owner of that item may grant permission to use their work, but you must locate the owner (or Performance Rights Organization such as ASCAP or BMI) and reach out to them before using their work. An owner may also request that they be compensated for the use of their property. If you are entering into a contract to use copyrighted material it may be best to work with legal counsel to fully understand the risks and for contract review.

If you are unable to get permission to use IP that belongs to another, there are some sources of material that can be purchased for use and some that are in the public domain and free to use. These two options will require some research but doing it upfront is better than having an unexpected claim later.

It is also suggested that your company develop a social media policy to ensure all employees understand the importance of maintaining compliance in this area and to document controls that are in place to protect your company. The policy should, at a minimum, include roles and responsibilities, applicable regulations and legal risks, security risks, accountability, and how to report concerns. Working with legal counsel to develop such a policy is suggested for those companies that engage in digital marketing.

 

References

  1. 17 U.S. Code 504© (1-2). Remedies for infringement: Damages and profits.
  2. Crook, I. (2018, November 14). What is a Social Media Influencer (And How Do I Become One?). From AppInstitute: https://appinstitute.com/social-media-influencer/#:~:%20text-A%20social%20media%20influencer%20is%20an%20individual%20who,%20The%20concept%20of%20an%20influencer%20is%20simple%20%E2%80%93.
  3. Garcia, K (2018, April 4). In-Store Sales Still Rule, but Digital Helps. From eMarketer.com: https://www.emarketer.com/content/in-store-sales-still-rule-but-digital-helps.
  4. Honaker, W.H. (2020, May 26). SUED OVER SOCIAL MEDIA PHOTOS: WHAT MUSICIANS CAN LEARN FROM KATY PERRY’S COURT CASE. From Music Connection: https://www.musicconnection.com/sued-over-social-media-photos-whaat-musicians-can-learn-from-katy-perrys-court-case/.
  5. Kemp, S. (2020). Digital 2020 reports. New York: Hootsuite.
  6. Oxford Online Dictionary. (2020) Intellectual Property. From https://www.lexico.com/en/definition/intellectual_property.
  7. The State of Influencer Marketing 2020: Benchmark Report. Copenhagen, Denmark: Influencer Marketing Hub.
  8. What is digital marketing? Definition and examples. (2020,April 16). From Market Business News: https://marketbuinessnews.com/financial-glossary/digital-marketing/.

 

This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation.  By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you.  The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

 

LC 2020-569

Infographic

Holiday candle and fireplace safety

Tips from The Hanover on candle and fireplace safety during the holiday season.

 

Flickering candles and crackling fireplaces can be beautiful this time of year. They can also be dangerous all year round. These guidelines can help you avoid potential fire hazards as you start to decorate. 

Talk to your independent insurance agent about home insurance options that can help keep your home safe for the holidaysand every day.

Article

6 tips to share the road with cyclists

Sharing the road safely is every driver’s responsibility – whether they press down on gas pedals or bicycle pedals.

The road is also getting increasingly more crowded. More than 39 million Americans used their bicycles on roads or paved surfaces in 2019. For drivers behind the wheel, that means extra consideration must be given when interacting with the increasing number of cyclists.

Consider these six key tips for helping to ensure safe travels for everyone using the road.

1. Give cyclists space.

When trying to pass someone on a bicycle, treat them like another motorized vehicle by giving them room and moving over only when it is safe.

2. Respect a bike’s speed. 

Avoid turning directly in front of cyclists, whether they are on the road or sidewalk. They move faster than you might think. Yield to cyclists just like it is another vehicle.

3. Stay out of bike lanes.

On some roadways, you may notice white-dotted lines designated for cyclists. Spend as little time in those lanes as possible, and always use extra caution when your vehicle travels next to these lanes.

4. When stopped, look for bikes.

Look around. If you are stopped at a light or sign, look both ways twice to make sure no bicycles are near your vehicle and only proceed when it is safe. When turning right on red, be aware of any cyclists coming up on the right.

5. Check your speed.

Obey posted speed limits and adjust your speed when weather may impact conditions. This can reduce your chances of an accident when on the road with a cyclist.

6. Don’t “door” cyclists.

Before exiting your vehicle, make sure to look for any oncoming cyclists to prevent opening your door in their path.

If the unexpected happens, have peace of mind knowing The Hanover offers protection options for you as a motorist for things like bodily injury liability, umbrella and more. Talk to your independent insurance agent to learn more.

Sources

National Highway Traffic Safety Administration

Statista.com

Roadloans.com

This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations contained herein will make any premises, or operation safe or in compliance with any law or regulation. By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

LC 2020-585

Infographic

People are at the core of our risk management approach

At The Hanover, we’re committed to helping you minimize risk so you can maximize the time you have to devote to your mission. Our human services Risk Solutions offering has the expertise and programs in place to address your unique needs, budget and staff resources. Ready to put a preventative strategy in place, contact your agent get started. 

Subscribe to