Tag Archive for: Intellectual Property

how to insure intellectual property

When we’re talking about IP, we’re not talking about your computer’s IP address. IP stands for Intellectual Property. Today, protecting your IP has never been more important. As the need to differentiate your business from other businesses becomes more prevalent, protecting your intellectual property has become a point of focus for most business owners. 

So, how do I insure my intellectual property? Let’s dive in. 

what is intellectual property?

Intellectual property is any form of creative ideas and assets like a product design, symbol, or manuscript unique to your business. Think of it as a trade secret. It can be an idea with tangible factors you use within your business model. 

Investopedia explains IP as “an umbrella term for a set of intangible assets that are not physical in nature.” 

For example, if you’re a marketing company and you have a specific model for onboarding clients that’s repeatable and builds your business– this model is your company’s IP. Your process helps clients fine-tune who their brand is, what their brand voice is, and what their client market is. The idea has tangible deliverables. 

Unless the IP is trademarked, legal patents or protection will expire on IP. The rights to IP are divided into different areas including copyrights, related to copyrights, and industrial property

Copyrights cover the arts, like literature pieces and musical compositions for at least 50 years whereas industrial property protects patents, trademarks, and industrial design.

Insuring your IP helps keep others, like competitors or even employees, from stealing your brilliant ideas and processes.

Different types of IP include:

  • Patents 
  • Trademarks 
  • Franchises 
  • Copyrights 
  • Trade secrets 

what is intellectual property insurance?

IP insurance is specific insurance for companies looking to cover any legal costs that may arise if another entity tries to steal your IP. 

The two types of IP insurance are: 

  1. Infringement defense 
  2. Abatement enforcement coverage 

Infringement defense is the most used IP insurance coverage. This insurance covers policyholders who have infringement claims against them because they used the asset without authorization. 

On the other hand, abatement coverage protects the IP owner when they pursue an infringement claim against another entity because the other entity used the asset without authorization. 

why do i need intellectual property insurance?

Insuring your IP protects what is arguably your company’s most valuable asset. In the end, it helps defend against lawsuits, protect your market share, and discourage lawsuits against you. 

intellectual property litigation costs

The costs of litigation can cause a business to go bankrupt. Having the right insurance that covers your business in the case of a lawsuit, or in case you need to pursue a suit against someone using your IP. 

To put costs into perspective, large infringement cases like Stac Electronics v. Microsoft and Fonar v. General Electric cost over $120 million. These are large corporate litigations, but the average cost of an IP litigation case can range from $50,000 to $3 million. Depending on your company, the costs may not mean you will go out of business, but it can cause a significant financial burden. 

The costs add up in the form of:

  • Attorney fees
  • Royalties 
  • Punitive enhancement 
  • Lost profits 
  • Interest assessments

At the end of the day, purchasing IP insurance is cheaper than undergoing or pursuing a lawsuit. 

how to protect your property

IP can be difficult to prove and insure because it is an idea, however, this idea can be an invaluable addition to the company. Guarding your IP gives your business a competitive advantage in your field. So, how do you protect IP?

Various ways include 

  • Patenting  
  • Copyrights 
  • Trademarking it 

Speaking with a well-versed IP attorney can help your business clearly define your IP and find how to legally structure it as such. Once your IP is clearly defined, obtaining IP insurance can help you stand up against any potential infringement on your processes. 

Do you know if you have the proper coverage to meet your business’ needs? Take a look at one of our articles discussing if your insurance coverage matches your business size here

insure your intellectual property to keep your business ideas protected

a day in the life of a benchmark broker

a day in the life of a benchmark broker

 

What does your insurance broker actually do for you? 

The daily tasks that a Benchmark insurance broker performs fall into the categories of:

  • Coverage analysis
  • Risk control
  • Hr services
  • Insure-tech

Here’s a deeper look into what the role looks like when it comes to commercial and personal insurance.

Client Communication

Like the old American proverb says, “To keep a customer demands as much skill as to win one.” 

Client communication is essential as an insurance broker in continuing a trust-filled relationship. One of the first steps a Benchmark insurance broker takes on during the day is taking client calls and emails and answering any concerns in a timely manner. 

This included us following up with any open items we need to complete underwriting or claim files. 

There are smaller questions that are easier to respond to, but sometimes a client emergency comes up, then industry advice is needed ASAP.

Client Emergencies

Benchmark insurance experienced this recently with Lyon & Associates Creative Services, Inc, who reported on their experience in a recent email describing their unfortunate “Pandemic Burglary.” 

Lyon & Associates Creative Services, Inc was out of office for three weeks during the pandemic back in March 2020. Then they fell under the healthcare communicators category and returned back to the office. 

“Our editing computers are largely empty shells, running the software alone. As a result of this structure, an early morning thief snatched all of our editing workstations.

When we reached out to our insurance broker, Carlsbad-based Benchmark Commercial Insurance, they took care of getting a claim opened with our insurer, Travelers.

Due to Benchmark’s previous good counsel, we had excellent replacement value and business interruption coverage. When the Travelers claim adjuster got in touch the same day, they had a significant starter check on the way before the weekend. 

Replacement value means exactly what it says, and then some, by the way. They covered things like the dozen new USC-C (Thunderbolt 3) to Thunderbolt 2 adapters we needed to keep our considerable investment in unstolen hard drives connected to the new computers. Of course, the claim was so well-covered that we exceeded their allowable percentage loss limit and they declined to renew our policy. (Chubb had our workers comp policy and they scooped us up with no increase in rates).” 

In any field of business, unpredictable events occur, so this can often take up time during the insurance broker’s day.  

Negotiation 

One task that generally occurs daily is negotiating with underwriters for best terms on new and renewal business quotes. 

Team Communication

Babe Ruth said “The way a team plays as a whole determines its a success. You may have the greatest bunch of individual stars in the world, but if they don’t play together, the club won’t be worth a dime.”

Even though insurance is a tiny bit different from baseball, the same concept applies in the workforce. 

Communication within the Benchmark team is also crucial throughout the day. This can look like answering internal questions related to claims, billing, certificates, and underwriting. 

Coffee Breaks

Yes, a Benchmark insurance broker does require multiple coffee stops throughout the day— cappuccinos are preferred. 

Client Contracts

Another daily task is reviewing client contracts. The insurance world is constantly changing, so staying up-to-date is important for client communication. When reviewing client contracts, our broker will check to make sure that any insurance or indemnity-related contractual stipulations are consistent with the client’s coverage. 

This also included following up with claim adjusters on open claims on behalf of the broker’s clients and advocating on behalf of our clients to claim adjusters on difficult claims issues. 

Prospect Clients

Finding new clients that will be a match with Benchmark Commercial Insurance, and that we are a match for takes effort. Throughout the day a broker will field calls and emails from new business referrals and prospect call-ins. 

Policy Review

An insurance broker will perform policy reviews to make sure policies have been issued correctly. This includes policy reviews for prospects so they can understand how their current program integrates with the scope of their current operations, which exposes any gaps in coverage. 

A Benchmark insurance broker will also initiate, and continue to follow up on the underwriting status for all renewals 90-days in advance of the policy expiration date. 

Third-Party Communication

Keeping relationships with other companies is important to our brokers. This includes Zoom meetings with our marketing agency and promoting our excellent relationships with the underwriters who support us. 

Wondering why your insurance has skyrocketed this year? Find out the factors that might be directly impacting you on the Benchmark blog. 

Tax Codes

changes in tax codes – what you need to know

Tax changes are coming. 

Have you prepared for the changes that may begin at the end of the year? If you haven’t started thinking about it already, it’s about that time.

Here are a few of the proposed changes that are looking to go into effect starting next year. 

Income Tax Changes

 

Your tax liability might be at risk to change, although it all depends on your current financial situation. Some of the main changes will affect your bottom line. For example, if your income exceeds $400,000, then you are likely to be impacted.

Along with higher tax rates, itemized deductions will also be prevalent in tax code changes. The proposed changes include a $10,000 limit on local and state taxes. 

Carried Interest Tax Changes

The last time carried interest tax changes were drastically changed was in 2017. It looks like there will be more change coming. Some lawmakers introduced the “Carried Interest Fairness Act of 2021” which if passed, would “tax carried interest at ordinary income tax rates and treat it as wages subject to employment taxes.” 

Capital Gains Tax Changes

The proposed changes would increase the applicable tax to a higher marginal income rate. This would conclude with the total being 43.4% on long-term capital gains. 

Estate & Gift Tax Changes

President Biden has proposed that the current Estate & Tax Changes that are meant to extend until 2026 be looked at closely. 

How to know if these tax changes will affect you?

If you are a business owner or individual whose income is above $400,000 then odds are you will be affected by these tax changes. 

Increased tax rates will mean it’s hard to know how much you’re paying to insure your business. Learn what the general costs are for your business.  READ ON… 

benchmark umbrella insurance coverage

how much should I pay to insure my business?

With insurance costs rising, you may be looking at your insurance costs wondering how much you should really be paying in insurance. This largely depends on your industry and the risks associated with your particular business, however, there are some standards that help give you a rough estimate!

Typically business owners spend between 1-3% of their revenue on insurance coverage. A lower-risk business might be closer to the 1% range, whereas a higher-risk business would be around 3%.  The highest-risk businesses can invest as much as 5% of their annual revenue in insurance coverage to offset the possibility of catastrophic losses.

The risk factors that contribute to higher insurance costs include: 

Your Industry

Each industry has an inherent level of risk associated with it. These different levels of risk play a large role in defining your costs. The details of how you run your business can also affect your business insurance costs. If you’re a restaurant allowing your customers to cook their own food (think Korean BBQ), you may have more risk than a typical restaurant owner.

Your Expertise

Insurance carriers view business owners with more experience as being in a lower-risk category. Typically you’ll be asked how many years you’ve been in business, what level of education you have, and what your employee’s qualifications are. More highly educated workforces are likely to be assumed to be lower-risk to an actuary at a carrier. 

Your Revenue

Growing your business can cause your insurance costs to grow. Higher revenue leads to more customers, more square footage, and more employees, which, in turn, increases your risk. In addition to the workers’ compensation costs that would of course increase, operational complexity adds to risk, the more hands, the greater the risk of someone getting hurt or something going wrong.  

Your Business Location

Where you work plays a large role in your insurance premiums. The more square footage you have, the physical condition of your building, and the physical location of your business (flood zones, high crime rate, fault lines, etc.) lead to higher costs and an assessment of being a higher-risk company. 

One recent factor that has been raising the costs to insure businesses is changing fire zones. If your business is located in a high-risk fire area, then your insurance is going to be more expensive.  As climate change increases the areas considered high-risk fire zones, many businesses that did not have this increased rate adjustment are seeing their costs rise.  This is true for any external impact (flood zones, high crime rate, fault lines), with the higher risk there will be higher costs for your business. 

Your Employees

The number of employees you have may lead to higher insurance premiums. With more employees, you may need to invest in various different types of insurance, like Workers Compensation, Errors and Omissions, and General Liability. Your insurance premiums can also depend on the positions of your employees. Qualified ALEs will necessarily have different requirements, risks, and costs than Small Business Owners. 

Your Chosen Policy

The more policies you add, the higher your premiums. The nature of your business may determine which policies you need to invest in, other times it can be up to you. AS you assess what coverage you need be aware of what a catastrophic loss would do to your business, your personal finances, and your company’s ability to operate.  Cyber coverage was often overlooked before the recent wave of ransomware attacks, now, business owners are actively looking at their data vulnerabilities. 

Your Prior Claims history

Lastly, your claims history has a large impact on your insurance premiums. If your company has a long history of filing claims for loss or damage, insurance companies will charge higher premiums to cover the risk of insuring your business. If you are looking for ways to reduce your premiums, there are risk-reducing operational steps you can put in place. 

Has your insurance increased this year? Learn why with Benchmark’s Rob Cohen.  READ MORE HERE

Surface Water and Property Insurance

surface water & property insurance

It’s that time of year again where the rain starts to fall, and flooding and other rain-related issues arise that businesses typically don’t have to deal with during the rest of the sunshine-filled year— at least in California.

As a business owner, it’s important to understand how your coverage will protect you during various seasons of your business. First and foremost, did you know that Property Insurance has a surface water exclusion? What does this mean for your business?

What is Surface Water? 

Surface water is also known as flooding but doesn’t always mean a full-blown flood. In this case, surface water is defined as spring thaw, flash floods, excessive rain, storm drain overflow.

Additionally, surface water is any water that runs through or travels over land where it’s not supposed to be located. It’s typically determined as any damage that has occurred by water that filtered through man-made objects, instead of from the ground

Why is there an Exclusion?

Investopedia outlines some of the main reasons behind the exclusion, “The reasoning is that only specific areas are prone to water-related natural disaster events, such as floods, tidal waves, or tsunamis.” The insurance industry wants to make sure policyholders with these specific water-related exposures purchase specific Flood policies that can address these loss conditions.

Surface Water Insurance

The Standard Flood Insurance Policy (SFIP) Forms contain complete definitions of the coverage they provide. Direct physical losses caused by “floods” are covered. Also covered are losses resulting from flood-related erosion caused by waves or currents of water activity exceeding anticipated cyclical levels, or caused by a severe storm, flash flood, abnormal tidal surge, which result in flooding, as defined. However, damage caused by mudslides as specifically defined in the policy forms is covered under “Catastrophe Coverage.”  

An Example

In 2012 there was a court case titled, “Union Street Furniture v. Peerless Indemnity Insurance Company,” where the definition of surface water cost Union Street Furniture and Carpet lost substantial amounts of money. 

In this case, there was a large storm that funneled rainwater from the parking lot into their commercial building causing water damage. The case claimed that the water damage was not covered by their insurance policy because the water was deemed to be caused by surface water or flooding. 

Do you need it? 

Take the above example as a learning opportunity. Reach out to your insurance broker to see if it may be a good idea to start investing in a Surface Water Insurance policy. Let your broker know if the topography of your location(s) lend themselves to water damage that fits the definition of “Surface Water”.

Of course, it depends on your specific business situation. If you’re concerned about flood damage specifically, then buying separate flood coverage might be necessary. Flood insurance coverage is available for both commercial and residential properties. With the rainy season approaching in Southern California, there are unpredictable factors that may not be included in your General Liability coverage. 

As a business owner, you have or will need to file some kind of insurance claim. Understanding what that means is essential to your success. Read more about commercial insurance claims, and what you need to know here

Why Is My Insurance So Expensive This Year?

why is my insurance so expensive this year?

 

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why is my insurance so expensive?


If you’re like most people, your insurance has recently gone up with no explanation. Although we can list factors that might play a part in these increases,  the reason your insurance is going up is a combination of all of these factors.

D&O, EPLI, Property, General Liability, and Umbrella policies are all going up 15% to 30% year over year.

Below are some factors causing increased insurance costs:

Factors Causing Increased Insurance

  1. Increased Risk Factors. The rezoning of certain open areas as high-risk fire zones has increased carriers’ perception of risk and therefore, is driving up prices.
  2. Re-insurance. Insurance carriers purchase insurance similar to a policyholder. However, due to consistent years of catastrophic losses, the availability has been restricted and costs to insurers has increased. 
  3. Labor Shortages. Changes in immigration law, in combination with stricter criteria for classifying 1099 vs. W-2 workers, have added to the labor shortage post-pandemic markets are experiencing.
  4. Supply Chain Disruption. Shipping routes are overrun, ports are backlogged, shipping containers are in short supply, and trains are delayed causing domino-like effects to businesses. With increases in cost and time to deliver goods comes an increased risk of in-transit losses and loss of business market share.
  5. The Pandemic. With all of the increased insurance claims from COVID-related closures, insurance companies have paid out millions in unanticipatable claims.
  6. Inflation. Property values are soaring and insurance premiums are along for the ride. Insurers have become picky about whom they will insure, causing an increase in policy movement from broker to broker and carrier to carrier. 
  7. Increase Cyber Threats. Office-level security firewalls are not present with people working from home. This, in combination with the widespread usage of online payment options in more businesses, has raised the cost of cyber liability coverage.

These seven cost increases are complicated, global, and not going anywhere. Want to know what you can do to get your costs down? 

Next, we wanted to take this opportunity to provide insight into the ever-changing landscape in the insurance sector. You may have noticed strange behavior from insurers, whether you purchase coverage for your home, business, or both.

Below are the forces exerting themselves on the insurance industry today, which have caused the insurance companies to push rates as well as exit certain geographic areas. We hope this information will provide clarity as well as recommendations on how to take control of insurance costs during this time.

Low Bond Rates

It is interesting to know that in a normal economic market, insurance companies use insurance premiums as a loss leader. The premium loss ratio (total annual Gross Written Premiums valued against total Incurred Losses) typically runs from 105% to 108%. 

This means that for every dollar collected, the insurance company expects to pay out over a dollar in claims. The insurance companies offset this loss, however, with much higher returns in their investment income. A significant source of safe return has always resided in the bond market.

Since today’s bond market has much lower than normal yields, with no relief in sight, insurance companies are seeing lower than normal investment returns.

Unmodel-able Losses

For lack of a better word, we give you “un-model-able losses.”

Insurance companies rely on accurate actuarial “modeling“ to predict losses and help set proper rates based on predictable loss scenarios. For the last ten years, however, the global insurance industry (including the re-insurance segment, but more on that later) has been hit with a regular stream of wildfires, earthquakes, mudslides, hurricanes, abnormal freezes to name just a few.

These are classified in insurance-speak as “un-model-able losses.” Actuarial models have not yet been perfected to incorporate these types of losses. When the industry is faced with these events, profitability plummets, and insurance carriers are challenged to find rates that can accommodate the un-model-able.

Reduced Reinsurance Capacity and Increased Cost

Insurance companies “lay off” much of the value of their loss exposure on the “secondary” or reinsurance market. This considered, the reinsurance market is much more sensitive to how losses will affect their rates, as global reinsurers are the backstop for the industry.

As you may expect, reinsurance rates have spiked steadily over the past five to seven years due to consistent catastrophic losses. In some cases, actual insurance writing capacity is depleted to the point that coverage is no longer available in certain industry segments.

The reinsurer’s response to claim severity and frequency is to restrict the availability of coverage and raise the rates to your insurance company. Year over year, insurance carriers have been paying significantly higher rates for the cost of insurance and that cost is passed to the policyholders.

Remapping of “Fire Zones”

To a carrier, all insurance companies have become keenly aware of what they now consider fire zones, as well as the concentration of insured value that resides within these zones.

Both commercial and residential insures have undergone varying degrees of re-evaluating what they now consider to be locations residing in, or adjacent to, a newly established fire zone. You may have had friends, or even neighbors, complain of non-renewal notices they received from their current insurer.

Again, to a carrier, underwriters refuse to discuss any type of exception we may want to make regarding their “fire-zone” evaluation. Each carrier has determined, through their re-insurance treaty with their re-insurance carrier, what they are allowed or not allowed to write.

They will not make exceptions for any policyholder, which means remapping for fire zones has forced many policyholders back into the market due to the non-renewal of many policies. This is a market with a limited supply.

Why Should This Matter to Me?

The simple answer is to remember that insurance companies are for-profit enterprises. Because of the fiduciary responsibility to its policyholders, insurance companies must stay vigilant on profitability.

As we discussed above, the industry typically operates at a premium loss ratio of over 100%. With the forces pressing down on the industry discussed above, carriers have now focused their efforts on becoming profitable on written premium.

So, how much do rates have to rise to take a carrier from a 5% to 10% loss on each dollar collected to a profit of 10% or 15%? Rates have to rise 10% to 20% on average (this contemplates loss-minimal and loss-free accounts) in order for the carrier to be profitable on collected premiums.

Policies with anything approaching, or exceeding a 50% loss ratio for the last three years combined can see premium increases from 50% to 125%.

What Power Do I Have to Control My Premiums?

Believe it or not, policyholders have the ability to take control over policy costs. The insurance underwriters key in on two areas: property age and maintenance/upkeep. Any property approaching 20 to 25 years old or older will require the underwriter to dig into how well the property has been maintained.

They will want to know about tenants (for commercial properties) and updates, or placement, of the following building systems (home or business). For example, electrical, plumbing, HVAC, and roof systems.

If the age of your property is older, many underwriters are simply choosing not to provide quotes for buildings that have not had these systems updated in the past 10 to 15 years. Please create a budget to update these older systems. It will pay dividends for many years to come in the lowest premiums obtainable in the marketplace.

A Final Word

The most impactful measure used by underwriters to measure account quality is historical losses. Underwriters typically look back three to five years depending on the account.

Homeowners’ losses, both home, and auto, are aggregated to a central database used by all insurers. Commercial accounts, however, are not tracked to a central database.

Losses that cause the most heartburn to an underwriter are water losses. Water perplexes the savviest of insurance actuaries. Policies with consistent water damage claims over time are prime for carrier non-renewal. The lowest hanging fruit for property owners is the proactive replacement of all interior plumbing fixtures. Angle stops, water hoses, and toilet fixtures (float and flap) are the most guilty of causing expensive water damage claims. Next up, would be sewer and drain backups. Please snake all drain lines on a regular basis. Simple, cheap, and effective.

As you’d anticipate, older properties require more information as underwriters evaluate the quality of electrical, plumbing, heating/cooling, and roof systems. 

Remember the insurance policy is not designed to be a “warranty” against less than regular maintenance and upkeep. Property owners can go a long way in stabilizing insurance costs over time by creating and implementing pro-active regular maintenance protocols. If you can create an efficient program, you are doing all you can do to protect your insurance costs for the future.

 

Executive Protection to Guard your Balance Sheet

executive protection to guard your balance sheet

Executive protection is a necessary investment for companies to survive. This important balance sheet protection tool can be the difference between survival or peril in today’s litigious environment. 

As you look to protect your business from executive risk, it’s important to understand the different types of risk associated with it. Executive protection is broken down into different categories.

Here’s a breakdown of what Executive Protection covers.

Employee Practices

Employment practices can mean numerous things: wrongful termination, sexual harassment, discrimination, and hostile work environments. 

Within the main categories listed above, there are many subcategories that have proven to be a risk. For example, an employee could file an EPLI for emotional negligence. 

There are many factors that are increasing liability risk for 2021. With most offices returning to in-person work environments, the risk runs even greater. 

COVID-19

COVID brings another element to potential ELPI claims. Some of the potential situations that could occur with returning to the office or adopting a hybrid model include: 

  • An employee feels emotional neglect for having a hard transition to in-person work after working from home for a year.
  • Employees might feel that higher-ups have conducted the health and safety aspect of COVID-19 at a lower standard.
  • An employee refuses to follow new guidelines and regulations stated by the Occupational Safety and Health Administration (OSHA).
  • An employee returns to the office and contracts COVID-19 from a co-worker.

These examples only begin to predict what could happen in the future. 

Fiduciary 

Based on the law passed in 1974, there are regulations that businesses must have as baseline coverage for all employees. If these basic guidelines are neglected, then there’s a liability risk. Some examples of failing to meet guidelines might include: 

  • Improper enrollment or terminations
  • Resulting in lost or incorrect benefits
  • Errors in counseling when administering health or welfare plans
  • Resulting in lost or incorrect benefits
  • Giving poor or negligent advice on investing employees’ retirement plans
  • Making risky investments in a defined benefit pension plan
  • Wrongful denial or improper change in benefits
  • Imprudent selection of and/or monitoring or third-party service providers

There are other terminologies that are thrown around in the workplace, like Errors and Omissions (E&O) that follow similar guidelines. 

Media

Media liability coverage protects the insured against claims arising out of the gathering and communication of information and is critical to any media organization. The variety of claims being asserted against the media, and the size of jury verdicts against media organizations, are constantly on the increase. 

According to data released by the Libel Defense Resource Center, the median jury award against media organizations in 1990 was $500,000; in 1997, it was $2.3 million. 

Cyber and Tech

Cyberwarfare is not just for meddling in elections and extorting multinational corporations. Companies of all sizes and types can fall victim to enterprising hackers and cyber extortionists. The question all companies must ask themselves is not “what is my data worth to someone else?” but “what is my data worth to me?” Of course, well-crafted IT protections are a crucial first line of defense, but if the protections fail, could your company shoulder the cost of an uncovered claim or ransom payment?

Cyber insurance coverage is likely broader, less expensive, and more crucial to your business than you would think. 

Trade Credit

Another fancy term is trade credit. This can basically be broken down to the idea that trade credit protects manufacturers, traders, and service providers against losses from non-payment of commercial trade debt due to bankruptcy, insolvency, or very late payments.

Intellectual Property

IP insurance covers companies for the legal costs associated with pursuing infringement or theft of IP. It also covers legal defense costs for policyholders accused of IP infringement or theft. There are two basic types of IP insurance:

Infringement Defense: Covers policyholders for infringement claims brought against them.

Abatement Enforcement: Gives the insured the financial resources to enforce their IP rights and pursue infringement claims.

In today’s increasingly perilous and litigious business environment, every company faces risk. It is unfortunate that any of your company’s many constituents—including employees, investors, customers, suppliers, competitors, government agencies, and creditors—pose a financial risk to your business. Any one of them, however, could sue your company or target it for criminal activity.

As you look to protect your business from these potential threats, enlist the help of an insurance mentor. At Benchmark, we invest in our clients’ protection and we aim to ensure your business remains risk-free. Reach out to us today to start a conversation about your business’ risk!

Executive Protection to Guard your Balance Sheet

Executive Protection to Guard your Balance Sheet

can bigger insurance brokerages negotiate better rates than smaller ones?

can bigger insurance brokerages negotiate better rates than smaller ones?

At benchmark commercial insurance, we often get asked whether or not it’s better to work with a small brokerage or a large brokerage. While there are pros and cons to both, the pricing must remain the same from both carriers.

Hear from Benchmark’s own Peter Katkov, as he explains:

“I’m often asked the question, does the size of the agency impact the pricing of coverage received by a carrier? And the simple answer is no. There’s actually legislation that prohibits discriminatory pricing based on the size of the agency.”

Katkov continues. “Based on identical underwriting information and for the same coverage, the quote provided to the small agency or to the biggest in the world  must be identical. Obviously, there are pros and cons to being in both of those service environments.

“This considered, as the client, you have to ask yourself if the policy on the shelf is the same and costs the same. Under which environment are my needs as a client best being met?”

Let’s dive a little deeper into the pros and cons of small vs. large insurance brokerages.

the pros and cons of small insurance brokerages

To gain some further insight, let’s discuss both the pros and cons of small insurance brokerages.

the pros of small insurance brokerages

A smaller brokerage might be a better choice if you’re looking for an insurance brokerage that understands:

  • Your community
  • Your business’s unique needs

Why? Smaller brokerages hire local agents, who will understand the property and area on a deeper level compared to a national agent.

Another factor to consider when deciding between a small or large brokerage is how accessible their agents are to their clients. If you’re experiencing an emergency, you want a quick response from your broker about how to handle the situation.

Smaller brokerages have actual people on the other line as opposed to bots, helping you navigate the next steps to create a trusting relationship. With a small brokerage, you’re more likely to have personal contact with your broker, which can lead to a more seamless customer service experience overall.

Additionally, small insurance agencies are likely to have a lower level of employee turnover; meaning, the team you’re working with isn’t likely to change (which can, of course, be a pro or con depending on your feelings toward the team).

As you look for a brokerage that can meet your needs, larger insurance brokerages are unable to work with people or businesses with:

  • Low credit
  • A history of claims
  • Or, that are below premium thresholds

In these cases, a smaller insurance brokerage might be a better fit.

the cons of small insurance brokerages

With a smaller brokerage, there may be challenges with the number of national resources available. Additionally, there is a risk that a small brokerage may not be around long-term or as long as a large firm might be. This may put your own financial situation at risk if you need to find a new brokerage.

the pros and cons of large insurance brokerages

Now, let’s shift gears and discuss the pros and cons of large insurance brokerages.

the pros of large insurance brokerages

A large insurance brokerage will most likely be more financially anchored, championing a more consistent income from a larger number of team members and clients (when compared to a small insurance brokerage).

One of the largest pros of working with a larger insurance brokerage is technology and innovation. Larger brokerages often have applications to assist your business or personal insurance needs with ease; this might look like support for making a claim or investing in new insurance policies.

Another advantage to a large brokerage is that their customer service chat portals typically run 24/7. This feature can be great to address quick questions or emergency situations. Moreover, there are a variety of quick-access tools—apps, website chats, phone lines, and typical email communication—that you can use to access information.

the cons of large insurance brokerages

When it comes to large brokers, it might feel like there’s a missing piece to the puzzle. And what is this puzzle piece? The personal touch.

With a larger client base, things can blend together between clients and brokers, and may even become hard for the brokerage to keep track of. Employee turnover leads to an ever-changing Rolodex of different contacts for each service need.

In the case of an emergency, you might find yourself chatting with a bot for answers; whereas, at a small brokerage, you’d likely call your personal broker who already knows your situation and doesn’t need a time-consuming update.

The most important con, however, is what motivates the decision-making of a large multi-national brokerage. Remember: Publicly traded companies’ number one responsibility is to their shareholders, not their clients.

insurance carrier pricing requirements

As Katkov mentioned above, there are laws and regulations that forbid discriminatory pricing based on the size of the agency.

According to the Federal Trade Commission:

“A seller charging competing buyers different prices for the same ‘commodity’ or discriminating in the provision of ‘allowances’ — compensation for advertising and other services — may be violating the Robinson-Patman Act…

This kind of price discrimination may give favored customers an edge in the market that has nothing to do with their superior efficiency. Price discriminations are generally lawful, particularly if they reflect the different costs of dealing with different buyers or are the result of a seller’s attempts to meet a competitor’s offering.”

In the insurance industry, pricing discrimination is considered unlawful; therefore, small brokerages and large brokerages both receive the same rates from carriers.

what type of insurance brokerage is right for me?

At the end of the day, selecting a brokerage is largely influenced by your specific business needs. Regardless, here are some factors to consider when choosing a partner.

a small brokerage might be a good fit if…

A small brokerage will likely be a good fit for you if you value the personal touch.

Going with a smaller insurance brokerage could also be the right option for your business geographically—where there are specific exclusions or conditions to consider based on location. Moreover, depending on your financial history and your claims history, a large brokerage might not consider you an eligible client.

a large brokerage might be a good fit if…

A large broker might be a good fit if your particular situation requires contact outside of normal work hours. Then, the 24/7 hotlines that most large brokerages offer will be a great resource. Lastly, there is also higher adaptability from the higher capital and number of brokers that work with a large firm.

Unsure about what you should be paying to insure your business? Check out this article explaining the different factors that contribute to the coverage costs of business insurance.