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Could Your Commercial Clients Survive a Lawsuit?

Most business owners know enough to request a business owners policy, which covers property and general liability. But commercial umbrella coverage provides more comprehensive protection against unexpected events that may cause financial ruin.
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What do you think your grandparents would’ve said if you told them that someday, someone would spill coffee on their lap as they pulled away from a fast-food restaurant—and later, successfully sue the establishment for damages?

Today, every business faces the reality of a major lawsuit that has the potential to close its doors before a verdict is even reached. In fact, according to SCORE, a nonprofit association dedicated to helping small businesses, 40% of businesses never reopen after a disaster.

Your client’s insurance will most likely protect their company against a minor misfortune, but it may not give them the protection they need to survive a lawsuit—especially with lawsuits occurring at an alarming frequency.

Most business owners know enough to request a business owners policy, which covers property and general liability. But it’s up to you to make recommendations that adequately protect your customers’ assets, as well as their future earnings. You’ve likely recommended coverage that provides protection for general liability or employers liability, but in the event of an unforeseen accident, these will probably only address bodily injury and property damage. Beyond that, your client will be responsible for paying damages out of pocket.

Not long ago, commercial umbrellas were specialty products for insureds of a larger size or higher hazard. Today, that’s just not the case. Commercial umbrella coverage provides more comprehensive protection for your clients against unexpected events that may cause financial ruin, such as that spilled coffee on their customer’s ride to work in the morning.

For your client, a commercial umbrella policy could be the difference in keeping their doors open. Need help convincing them that a commercial umbrella is worth the premium? Share these  real-life examples to help them see the light:

  • A man suffers burns to 60% of his body when a gas fireplace in an apartment building explodes. Medical and compensatory awards total $3 million. The general liability policy covers $1.5 million per occurrence, leaving the apartment building with an unfunded liability of $1.5 million.
  • In Florida, an 11-year-old dies in an auto accident at a controlled intersection inside a neighborhood constructed by a development company. Plaintiff verdict: $10 million.
  • In New York, a deliveryman requires surgery and continuing treatment for herniated discs after he slips and falls down the stairs of a restaurant. Plaintiff verdict: $1.7 million.
  • In Massachusetts, an electrician encounters a live wire at a construction site and suffers traumatic brain injury—allegedly the result of the electrical contractor’s negligent work. Plaintiff verdict: $2.9 million.

In the first scenario, if the client had a $2 million commercial umbrella policy over their BOP, they would not be forced to take extreme measures to settle the additional $1.5 million obligation on their own.

Don’t wait until it’s too late. Now is the time to determine the risk exposure to your client’s business—and help make umbrella the new normal in today’s litigious society.

Katie Gouldner is public relations and marketing communications specialist at Millers Mutual Insurance, a regional property-casualty insurer serving multifamily housing, commercial real estate and affordable housing policyholders.