Straight From The Source Blog by Higginbotham Insurance

In 2016, the FMCSA and DOT released a final rule on the Commercial Driver’s License Drug and Alcohol Clearinghouse. Since then, employers have had time to get ready. Now that time is up. The compliance date for the Clearinghouse rule is Jan. 6, 2020.

A common insurance requirement in commercial contracts of all types (construction, energy, real estate, etc.) requires at least one party’s liability insurance to be “primary and noncontributory” to the other party’s liability insurance coverage. Those not well-versed in insurance policies may interpret this language to mean that one party’s liability insurance coverage will pay any and all claims arising from the contract, without limit – so that the other party’s liability insurance would never respond, regardless of the size of claim. If this interpretation was accurate, it would result in great confusion in contracts where both parties’ liability insurance are required to be “primary and noncontributory.” This incorrect interpretation often leads parties to a contract wanting to delete the term “and noncontributory” from the compound requirement “primary and noncontributory” because they think it means their insurance policy will provide unlimited coverage to the other party – but that is not the case.

According to statistics from the Federal Motor Carrier Safety Administration (FMCSA), 4,889 large trucks and buses were involved in fatal crashes in 2017, the latest year for which statistics are available. That’s a 9 percent increase from 2016 and a 42 percent increase from 2009.

For a business owner, few things are more frustrating than building a successful operation, only to have it shut down by forces beyond your control. Whether it’s a hurricane, fire, flooding from burst pipes, cyber attack or other emergency, an unexpected disaster can be devastating.

In 2003, Texas passed a law governing the steps a residential homeowner must take before bringing a lawsuit against a contractor for a construction defect. The process allows builders and other involved parties an opportunity to immediately inspect and repair before a homeowner may file suit, and it offers limitations on the consumer awards available under the Texas Deceptive Trade Practices Act.

The air your workers breathe could be killing them. Respirable silica is a known health hazard. Because silica has many applications in the construction industry, construction site managers and employers should be aware of the risks and know how to manage them with a silica exposure control plan.

How safe is your supply chain? Even if a company works hard to maintain a high level of safety and quality, its reputation can suffer if suppliers and contractors are not equally cautious. Some issues may even result in expensive lawsuits and regulatory fines. Selecting the right companies to do business with can be a minefield. Contractors and suppliers also face difficulties, possibly being underbid by competitors that cut corners. This is where contractor qualification vendors step in to help.

Author: Andrea M. Palmer, JD, Director of Coverage & Litigation, Higginbotham

Contracts aren’t considered leisurely reading. The language used in indemnity provisions can be complicated. Terms like “indemnitor” and “indemnitee” aren’t used in everyday language. To help you navigate the complexity of indemnity provisions, let’s put the risk transfer language in common terms.

There’s only one way your business can run on all cylinders, and that’s with every employee at work and functioning at full capacity. Unfortunately, that’s not always possible. Injuries and illnesses happen. And when you have employees off work due to injury, it can put a real strain on your operation and your bottom line.