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Archived Articles

DP Recognized As “Best In Class” Program Administrator
DP featured in Rough Notes Magazine
Distinguished Launches City Homes Insurance Program (CHIP)
Distinguished Announces Changes; Hitzig Becomes CEO
A Special Message To Our Florida Customers
Distinguished acquires SES
DP moves Property and General Liability programs to AIG
Distinguished Launches City Homes Insurance Program (CHIP)
Cold Weather and Freeze Alert
Dealing with Frozen Piping in Fire Protection Systems
Doing Well by Doing the Right Thing
Cold Weather Risk Tips
Don't Overlook Crime
Employment Practices Liability in Today's World
If you see something, say something
Claims Service: The Moment of Truth
Latest Articles

Distinguished Programs Recognized As “Best In Class” Program Administrator

November 2006

November 2006, New York, NY – Distinguished Programs, a program development and management firm that specializes in insurance products for the real estate industry, recently earned the Target Markets Program Administrators Association’s (TMPAA) “Best Practice Designation.” The designation is designed to recognize program managers that achieve and maintain a level of excellence in their business. Distinguished Programs was one of only three agencies to earn the Designation.

In order to qualify for the “Best Practice Designation,” Distinguished Programs was subject to a rigorous third-party evaluation of all aspects of its business; including: management performance, systems, underwriting, claims and human resources. During the course of the onsite evaluation, 45 different operating procedures and functions were reviewed and rated.

David Jordan, Senior Vice President of AIG Programs, believes, “The Best Practice Designation raises the bar for the program business segment of the industry.” According to TMPAA president Art Seifert, “The ‘Best Practice Designation’ is an integral part of the association’s mission to promote excellence among program administrators/MGAs. Distinguished Programs exemplifies the standard we are setting for our segment of the industry.”

The award was accepted by Distinguished Programs chief executive officer Jeremy Hitzig at the Target Markets Program Administrators Association’s Sixth Annual Summit in Tempe, Arizona.

About Target Markets

The Target Markets Program Administrators Association (TMPAA) is the only professional association geared for insurance program administrators and the specific business challenges they face. TMPAA’s mission is to help its members conduct business more efficiently, with greater proficiency and profitability by leveraging technology, enhancing skills through training and education and networking with peer program administrators and carriers that focus on program business. Launched in 2002, TMPAA currently serves 500 program management professionals and is headquartered in Wilmington, Delaware. www.targetmarkets.com

DP featured in Rough Notes Magazine

10/24/2006

Real Answers for Real Estates Risks - Distinguished is a Market for Commercial and Habitational Needs

From strip malls to student housing, the market for real estate risks is complex and challenging, and it can be a trap for the unwary. Distinguished Programs, a program manager based in New York City, has carved out a niche, or rather several niches, in the real estate market, providing retail agents and brokers with expertise and carefully designed programs.

Distinguished Programs traces its roots to the 1940s, when its predecessor was established as a small retail broker to handle co-op risks in the New York metropolitan area. In 1995 the company phased out of the retail business and became a full-time program manager and distributor.

In 1987 the company developed the country’s first real estate umbrella liability purchasing group, which is still in operation today. (See “Umbrellas for Purchasing Groups Provide Impetus for Growth” in the March 1999 edition of Rough Notes.)

Today Distinguished Programs has written premium of about $117 million and is licensed in all 50 states; it actively writes business in 48 states. The firm employs 180 people and has offices in Ohio, Illinois, California, Rhode Island, Colorado and Qingdao, China.

The Distinguished Programs Group LLC is a holding company for five operating entities:
  • Distinguished Programs Risk Management LLC, a program developer and manager
  • Distinguished Programs Brokerage LLC, a wholesale distributor
  • Saranac Insurance Company, Ltd., a reinsurer that provides additional capacity for the firm’s programs
  • SES Insurance Brokerage Services, Inc., an insurance program manager and service provider for bank-managed trust property portfolios
  • ReSource Pro LLC, a remote processing facility based in China, that handles tasks for both Distinguished Programs and other agencies and MGAs

Distinguished Programs, whose target market is small to mid-sized accounts, offers a range of products, including property, general liability, high-limit umbrella, and directors and officers liability. Among the niches the firm serves are affordable housing, community associations (including condos and planned unit developments), city homes (urban residential buildings with up to 20 units), and student housing. Distinguished Programs works with a number of high-rated carriers.

Just as the three most important factors in real estate are location, location, and location, the Big Three for niche program managers are experience, experience, and experience. At Distinguished Programs, many of their people have more than 30 years of experience in marketing and developing programs for real estate risks.

Gaining an edge

“We definitely find that the market is softening, which results in some competitive pressures,” says Carla Vel, president and chief operating officer of Distinguished Programs. “Typically it’s the national carriers, that have a global approach. For the regionals, if they’re in the market, they tend to stay in it.”

Vel continues, “What we’ve done to stay ahead of the curve is to develop niches like student housing, affordable housing, older buildings, and condo associations. We have different competitors in different parts of the country,” Vel says, “and we try to take advantage of what we do better in any given part of the country.”

A key focus of Distinguished Programs is developing programs for segments of the real estate industry that standard insurers tend to avoid, either because of the small premiums they generate or the belief that ISO’s more generalized rating categories do not accurately reflect the risk involved.

Judith Sigel, vice chair for program development, explains that for the real estate market, ISO distinguishes among rentals, condos, and commercial classes, but goes no further. “We’ve determined that there are far more segments, starting with occupancy—for example, student housing versus senior housing.

“For instance,” she continues, “if a student falls down, she gets up and she’s fine. If a senior citizen falls down, he might break his hip.” Conversely, “If a student has had too much to drink and is sitting on a balcony, he might fall off and get hurt, whereas a senior probably isn’t going to do something like that.”

At Distinguished Programs, Sigel says, “A lot of what we do is about drilling down more specifically. It might be occupancy, geographic location, the age of the structure—there are so many different things about a risk we can look at to define it precisely, and on a long-term basis that gives us a better result because we’re serving the specific part of that niche as opposed to the whole ‘basket’ of real estate.”

Click on image for enlargement

Distinguished Programs executives include (from left):
Carla Vel, President/COO; Jeremy R. Hitzig, CFA, CPCU,
Chief Executive Officer; and Judith Sigel, Vice Chairman.

Where and how we live

Sigel says, “What we do is step back and say, ‘We’re in the real estate business; what factors are driving where people live and how they live?’ It might be economic conditions, political conditions, or sociological conditions. For example, a clear trend now is that the first baby boomers are turning 60 and beginning to retire,” Sigel observes. People in this market segment may be interested in moving into active lifestyle communities, she says.

“We’ve also become very active in affordable housing,” Sigel says. “In this country, affordable housing is a very difficult market to underwrite profitably. It tends to be thought of as public housing or welfare housing. It’s looked at negatively, and it ends up in the E&S market.”

At Distinguished Programs, Sigel explains, “We’ve been able to determine that there are segments of tax credit housing or subsidized housing that any of us would love to live in. A prime example of that is if you lived in Greenwich, Connecticut, and made $80,000 a year, you would actually be eligible for affordable housing,” she says. “Both local governments and the federal government are looking at affordable housing as a huge issue, and we see it as a great opportunity. Understanding the niche, under-standing what we can write and what we should never write, is an extremely valuable way for us to educate our underwriters about the products people actually need,” Sigel declares.

Sigel mentions additional estate trends. “Many retired people are moving out of their homes and into condos where they can enjoy certain amenities and where residents must be over age 55,” she says. In the South, she adds, there is growth in the construction of two- or three-story garden apartments; and in urban areas, high rises are being built for people who want to enjoy city living.

Adds CEO Jeremy Hitzig, “There’s a lot more specialized housing today than there ever has been before. For example, timeshares didn’t even exist 20 years ago. There are also resort communities promoting active living for seniors. Each of them has unique characteristics that we’re working hard to understand and serve.”

“Almost everything that happens in our world affects real estate,” Sigel declares. “Just listening to the news or reading the newspaper are good ways to find out what’s going on. We pay attention to these things in trying to figure out what our product is going to look like and how to underwrite and price it correctly.”

Adds Vel: “We’ve created our own proprietary database, and on every submission that comes in, we collect at least 30 very specific pieces of information having to do with the characteristics of the risk: location, age, and type of construction; type of ownership and occupancy; how many stories, how many units, sprinklered or not, fire and life safety information, and so on. That allows us to slice and dice information so we can understand what the risk looks like.”

“When we sit down with an insurance company to negotiate something or to create something new, having data is a huge strength of ours and a big way we differentiate ourselves,” Sigel adds. “We’re not like the people who approach an insurer and say, ‘I need this because I need it.’ Being able to present a detailed analysis and projections gives us a real advantage.”

Distinguished Programs also has retained people with unique expertise, including a former firefighter and a current firefighter and a building manager with 30 years of experience.

A booming market

A key trend identified by Distinguished Programs’ product development department is strong growth in planned unit developments, which the company views as a market with high profit potential. Earlier this year the company launched a program for planned unit developments.

“The most appropriate term for what we’re writing in this class is homeowners associations,” Hitzig says. “A homeowners association is an association of single-family homes. We’ve built a small niche in insuring homeowners associations.”

Distinguished Programs doesn’t insure the individual homes, Hitzig emphasizes. “In a gated community there may be a guardhouse, a clubhouse, a swimming pool, tennis courts—all of those things are picked up under our program.”

Planned unit communities are less common outside California and the Southwest, Hitzig observes. However, he adds, “In the older parts of the country, some home owners may get together for group activities, and they might form an organization with a board of directors.” Distinguished Programs also insures groups like these, Hitzig says.

Working with retailers

Distinguished Programs operates nationwide through a network of approximately 1,100 independent retail agents and brokers. “We’re happy to work with an agent who has many real estate accounts, and we’re happy to work with an agent who has one,” Vel says. “It’s the risk that’s important to us. All of our agents are trying to do the best job for their clients, and we become a resource for them.”

A valuable resource indeed, if these comments from retailers are any indication:

“My niche is affordable housing,” says Kyle McKinney of Global Insurance Network in Boston. “A lot of insurance companies have stereotypes of this business that are simply wrong. Underwriters hear affordable housing and they think of the old housing projects. The fact is, in many cases you can’t distinguish affordable housing from market value housing. The trend today is toward mixed housing where affordable is a percentage. Distinguished Programs is one of the few organizations that was willing to take the time to listen and understand the business.”

John Stathopolous, commercial account manager for Asco Insurance Services, a family-run agency in the Chicago suburb of Morton Grove, says, “Companies come in and try to tap the habitational market, but they usually get eaten up and then drop out. Distinguished Programs knows the business. They understand what they’re doing. That’s enabled them to be a more consistent player.”

Steve Dickerson, a senior vice president who specializes in writing condo and co-op business at USI of Falls Church, Virginia, says, “We use Distinguished for umbrella on habitational accounts. They approach the business the way it should be done. They’re specialists, and they understand how to segment and underwrite the business. As a result, even during very tough market times, they have been able to bring strong, large, reputable companies to the table.”

Brian Berg, president of Brian Berg Insurance in Lake Forest, California, says Distinguished Programs helps him gain entrée to accounts that otherwise might not want to meet with him. “Getting your foot in the door with property managers of condo and homeowners associations is tough,” Berg says. “But if I can show them where there is a coverage deficiency, I can get in. Distinguished found deficiencies in the existing markets for community associations. They’ve differentiated their umbrella and D&O products. They offer the broadest coverage and best pricing in the market.”

With its depth of industry experience, market knowledge, and underwriting savvy, combined with a willingness to listen, Distinguished Programs clearly has real answers for real estate risks. *

For more information:
Distinguished Programs
Phone: (888) 355-4626
Web site: www.distinguished.com

Distinguished Programs Launches City Homes Insurance Program (CHIP)

8/15/2006

The Program Targets Small City Condo/Apartment Buildings That Many Carriers Shun

August 8, New York, NY – Most major insurers see the small condo and apartment buildings that dominate the residential neighborhoods of many American cities as bad business. The premiums are simply too low and the risk level too high. What has traditionally been an undesirable segment for top insurers is proving to be fertile ground for real estate insurance program developer – Distinguished Programs.

Earlier this spring, the firm began testing the waters with CHIP (City Homes Insurance Program) – their new property, liability and umbrella program for condo and apartment buildings with 20 units or less and up to $5 million in insured values. The program, which is available exclusively through agents and brokers, gives small building owners the same level of coverage and deductible options available to larger property owners.

Carla Vel, Distinguished Programs’ Chief Operating Officer, believes smaller apartment and condo buildings are treated unfairly by the industry. “We’ve written many of these accounts over the years and our book clearly shows that these risks out-perform standard ISO classifications,” said Ms. Vel. “By gearing our underwriting and rating to reflect this specific niche, we can deliver a more competitive product. Our technology, which is designed specifically for underwriting and processing real estate business, makes it possible for us to handle small accounts cost-efficiently.”

To date, Ms. Vel’s firm is seeing strong demand in the marketplace. “Agents have limited options for small, urban habitational properties,” she explains. “They are forced to walk away from this business or use smaller, local carriers that may lack the financial wherewithal. CHIP, which is written by one of the largest and strongest insurers in the US, gives agents and building owners a new alternative.” Based on the success of the test program, Distinguished Programs announced it is rolling CHIP out in thirteen cities across the country, including: Albany/Troy (NY), Alexandria (VA), Baltimore, Chicago, Denver, Los Angeles, Milwaukee, Minneapolis, Philadelphia, Portland (OR), Seattle, St. Louis, and Washington, DC.

Distinguished Programs provides a broad range of insurance products to the residential and commercial real estate industry, including: property, general liability, high-limits umbrella and directors & officers liability, through a nationwide network of independent agents and brokers. The firm has offices in New York, Ohio, Illinois, California, Colorado and Rhode Island. Its operating units also include ReSource Pro, a back-office support and remote staffing operation in Qingdao, China, and Saranac Insurance Company, a reinsurer based in Barbados.

Media Contacts:

Kimberly Paterson
Creative Insurance Marketing
Phone: 732.681.0700
Fax: 732.681.7102
E-mail: kpaterson@cim-co.com
Mail: 1007 Main St., Belmar, NJ 07719

 

Carla Vel, Chief Operating Officer
Distinguished Programs Group, LLC.
Phone: 212. 297.3102
Fax: 212.297.3132
E-mail: cvel@distinguished.com
Mail: 6 East 43rd St., New York, NY 10017
www.distinguished.com

Distinguished Programs Announces Management Changes; Hitzig Becomes CEO

5/8/2006

May, 2006, New York, NY -- The Distinguished Programs Group, LLC, has named Jeremy Hitzig chief executive officer, effective April 2006. Andy Potash, founder and former CEO, will remain as chairman of the board. Carla Vel will continue in her current position as president & chief operating officer. Both Mr. Hitzig and Ms. Vel have been nominated to the company’s board of directors.

Commenting on the changes, Potash said, “Over the last ten years we’ve built a terrific and innovative organization. We have an excellent management team, first-class service platform and great ideas for product development and expansion. I’m confident that Jeremy and Carla will continue to broaden our product offerings and develop our real estate expertise in partnership with our insurance company and agent/broker partners. As Chairman, I’m looking forward to continuing to work with them in their new roles.”

Mr. Hitzig joined Distinguished in 1995 and has served in a variety of capacities, most recently as senior vice president with executive responsibility for Marketing, Community Association Programs and S.E.S. Insurance Brokerage Services, a recently acquired program manager and service provider for bank managed trust property portfolios. Mr. Hitzig is a graduate of McGill University and received his M.B.A. from Columbia Business School in New York. He also holds the Chartered Financial Analyst and CPCU designations.

Ms. Vel also joined the company in 1995. A real estate and program management veteran, Vel has overseen virtually all aspects of the company’s operations as it has been transformed from a niche regional program player to a leading national distributor and underwriter of real estate insurance.

Distinguished Programs also announced the consolidation of underwriting, marketing and claims management under the leadership of Helen English, who was recently promoted to senior vice president. Ms. English joined Distinguished in 2000 and was responsible for the structuring and placement of the company’s programs with insurers and reinsurers.

Jim Tesoriero, senior vice president, has assumed executive responsibility for the Community Association Programs and Branch Operations in addition to management of the firm’s Property Owners Program. Mr. Tesoriero joined Distinguished in 1999.

Distinguished Programs provides a broad range of insurance products to the residential and commercial real estate industry; including: property, general liability, high-limits umbrella, directors & officers liability and workers compensation, through a nationwide network of independent agents and brokers. The firm has offices in New York, Ohio, Illinois, California, Colorado and Massachusetts. Its operating units also include ReSource Pro, a back-office support and remote staffing operation in Qingdao, China and Saranac Insurance Company, a reinsurer based in Barbados.

A Special Message To Our Florida Customers

5/2/2006

We get lots of calls from our Florida customers asking if our Property Program is available in Florida. And our answer is always: "sorry, no." But we do have other products that can help you, so read further:

We can offer our CGL and up to $200 Million Umbrella for apartments, condos, condo conversions, office buildings, and strip shopping centers. While you spend most of your time trying to place the Property coverage, we can offer fast and friendly service with the CGL and Umbrella coverages to make your life a little easier. If you have a piece of business you would like to send to us, call Jason Mauer at 888-355-4626 ext. 3121, fax him at 212-297-3130, or email him at: jmauer@distinguished.com

Distinguished acquires SES

October 5, 2005

The Distinguished Programs Group, LLC announced today that it has acquired S.E.S. Insurance Services, Inc. of Tustin, CA. New York-based Distinguished Programs is a leading insurance program manager for residential and commercial real estate. S.E.S. is the premier insurance program manager and service provider for bank-managed trust property portfolios.

Founded in 1988, S.E.S. is the creator of the Total Insurance Management System (TIMSTM), its proprietary system which is widely recognized as the leading trust insurance quoting and tracking platform. Clients include the majority of the nation’s largest banks as well as an array of other trust property and asset managers.

“S.E.S. is an innovator and market leader in their niche. This acquisition complements our strategy of developing products and services that meet the needs of property owners and managers,” noted Distinguished Programs’ CEO Andy Potash. “The S.E.S. team brings a strong franchise, the powerful TIMSTM technology platform and a wealth of expertise. We look forward to their joining the Distinguished Programs family of companies.”

“Distinguished Programs provides S.E.S. with a solid platform from which to support and build our programs,” added Janet White, Chief Operating Officer of S.E.S. “Their expertise in insurance for residential and commercial real estate is a natural fit with our focus on insurance for the real estate holdings of trust departments. We welcome the opportunity to join the team at Distinguished.”

With offices in New York, Ohio, California and Qingdao, China, Distinguished Programs provides a broad range of insurance products to the residential and commercial real estate industry including property, general liability, high-limits umbrella, directors & officers liability and workers compensation. Products are distributed on a nationwide basis through independent agents and brokers.

For further information please contact:

Jeremy R. Hitzig
Senior Vice President
Distinguished Programs Group, LLC
6 East 43rd Street
New York, NY 10024

Tel. (212) 297-3100
jhitzig@distinguished.com
www.distinguished.com

DP moves Property and General Liability programs to AIG

NEW YORK, September 7, 2005 – AIG Programs, a division of Lexington Insurance Company, a member company of American International Group, Inc. (AIG), has appointed The Distinguished Programs Group as program administrator for Distinguished Program’s Property Owners Program.

The Property Owners Program covers both primary liability and property insurance and is available nationwide for a range of real estate classes, including habitational and commercial properties. Property limits up to $50 million are offered, with flood and earthquake covered on a sub-limited basis. The program’s supporting services include rapid policy issuance, loss control assessments, and claim handling based on protocols that expedite case resolution.

“We are pleased to work with the Distinguished Programs Group to provide one of the premier real estate programs in the country,” said David A. Jordan, Senior Vice President of AIG Programs. “This program continues our initiative to expand AIG Real Estate SolutionsSM, a recently formed unit dedicated to serving the specific insurance and risk management needs of the real estate sector.”

Andrew Potash, Chairman and CEO of The Distinguished Programs Group, commented, “Our rigorous selection process for our real estate business led us directly to AIG Programs. We were impressed with the depth of their underwriting and services talent, and together we will grow and expand our long-standing commitment to serving the real estate industry.”

The Distinguished Programs Group, one of the nation’s largest real estate program managers, has been active in the real estate program arena for over 10 years and currently manages more than 9,000 locations across the United States.

The Property Owners Program is available to licensed agents and brokers through The Distinguished Programs Group.

For more information, including applications, contact Jim Tesoriero, Senior Vice President, The Distinguished Programs Group, at (212) 297-3150 or jtesoriero@distinguished.com.

Distinguished Programs Launches City Homes Insurance Program (CHIP)

5/15/2006

Distinguished Programs announced the availability of CHIP, its new property, liability and umbrella program for small city condo and apartment buildings. The program fills a void in the marketplace and provides a viable option for smaller properties that often fall below the minimum premium levels of A-rated, admitted insurance carriers.

According to Carla Vel, Distinguished Programs President and COO, "Smaller real estate accounts are often ignored by carriers. Some insurers see these customers as too much trouble for too little premium; others aren't comfortable writing in urban areas. Our ability to use our real estate experience to segment the market, tailor the product to the needs of small buyers and streamline the processing, makes this an attractive growth opportunity for Distinguished."

CHIP is designed for masonry buildings with up to 20 units and $5 million in insured values. Both residential and combination residential/commercial buildings are eligible. CHIP responds to the needs of small building owners by offering low minimum premiums and a choice of reasonable deductibles. Policyholders can also opt for a specially priced $1 million, $2 million or $5 million dollar umbrella.

The program is underwritten by American International Group, Inc.

CHIP is currently available to agents in Baltimore, Chicago, Denver, Philadelphia, Seattle, and Washington DC. For more information contact Jim Tesoriero at 1.888.355.4626 or go to CHIP - (City Homes Insurance Program. )

Cold Weather and Freeze Alert

KEEP YOUR HEATING SYSTEMS OPERATING

Keep your building and equipment warm. Heating systems are the lifeline of your business during cold conditions. If they fail, disaster could strike. Immediate action required:
1.    All piping must be insulated. Install new and replace damaged insulation where necessary, and don't forget to examine your sprinkler system.
2.    Inspect all outside dampers for proper operation.
3.    Clear and protect all outside vents from ice and snow accumulation.
4.    Heat requires power. If generators are unavailable, make arrangements to obtain non-electrical portable heating during outages.
5.    If you have tracing, make sure that it is energized, and also be prepared to supply back-up power to heat tracing systems.

SAFEGUARD BUSINESS EQUIPMENT DURING POWER OUTAGES

 

Power surge and sag protection is necessary at all times - especially during cold, freezing conditions. Severe weather can cause power loss and downed wires, disrupting your business' power supply. When electricity is restored, the sudden surge of power can literally destroy the modem, high-tech equipment your business relies on. Immediate action required:
1.    Unplug it. Anticipate power sags and surges during severe weather. The best solution is equipment isolation - turn it off and unplug it. If you need to keep equipment running, installing surge protectors can provide protection.
2.    Prepare for power outages. If you rely on generators for back-up power, perform preoperational checks and start-up tests. Consult your generator's manufacturer for details.

PROTECT YOUR BUILDING AND ENSURE ACCOUNTABILITY

The time is now - your business is facing extreme temperatures within 24 hours. Protect your building and prepare your people before cold weather and freezing temperatures arrive. Immediate action required:
1.    Inspect building. Close all windows, doors and outside dampers. Schedule regular building checks during storms and cold weather. Arrange for snow and ice removal, including the roof.
2.    Who's responsible? Ensure accountability by designating personal responsibility for loss prevention. Business and building owners must work together with facilities and maintenance people.
3.    Provide emergency telephone numbers. Collect and distribute a list of emergency phone numbers and contacts, such as snow removal, heating system repair company, utility company, and the weather bureau.
4.    Anticipate flooding. Severe and cold weather can cause flooding. Move suscep- tible equipment or stock to an alternate location, where water cannot reach it.
5.    Always have cold-weather gear on hand - Gloves, hats, emergency blankets, flashlights. Provide them and make sure your people know where it's stored. For more information, please visit Hartford Steam Boiler's Internet homepage at www.hsb.com.

Dealing with Frozen Piping in Fire Protection Systems


While freezing is common and often anticipated in colder climates, losses occur more frequently in milder climates when unexpected cold fronts impact the area. During periods of very cold weather, the likelihood of automatic sprinkler systems becoming impaired by freezing pipes increases substantially. Additionally, freezing may cause pipes to burst, resulting in water damage. This handout suggests measures that could be taken to restore sprinkler protection if freezing occurs, to limit the loss if a fire occurs before repairs can be completed, and to prevent freezing of pipes in the future.

The following recommended pre-loss and post loss measures do not address every possible solution. They are intended to guide property owners with suggested approaches to be taken in the event of freezing in a fire protection system, restoring protection systems as quickly as possible, and taking special precautions while the system is out of service to minimize a property loss.

Pre - Loss Measures (before a freeze)

-   Close windows and doors and repair if broken.
-   Extend existing heating systems to heat the unheated concealed spaces in attics and crawl spaces.
-   Provide heated or adequately insulated enclosures for exposed pipes.
-   Have system regularly serviced by a qualified sprinkler contractor including flowing water, inspecting for leaks and ensuring adequate anti-freeze solution if a loop is present.
-   Have your sprinkler contractor demonstrate the operation of all valves to appropriate personnel so they can close the valves to shut down the system in the event of a burst pipe.
-   Designate an employee(s) who will be responsible for regularly checking all fire protection systems for impairments.
-   Install a supervised water flow alarm device to notify proper personnel of water discharge.

Post - Loss Measures (after a freeze)

-   Notify the fire department and insurance agent of the impairment and include the nature and location of the problem, the estimated time of the impairment and what precautions are being taken until full service is restored.
-   Institute a watchperson patrol or increase existing watchperson service.
-   Do not use torches or other open flame equipment to thaw pipes.
-   Thaw sprinkler piping, if not severely frozen, by pouring hot water over cloths wrapped around the pipe or electric heating cables.
-   Avoid the use of temporary heating equipment, such as salamanders and other unvented, portable fuel- burning heaters, since they introduce a fire and health hazard.
-   Check thoroughly and replace affected materials(pipe, fittings, and sprinkler heads) any time freezing has occurred.

Doing Well by Doing the Right Thing

Remember the TV sitcoms Leave it to Beaver or Father Knows Best? (Don’t date yourself by confessing to having seen these shows as a kid – just say you watch cable reruns with your own kids.) The interesting thing a few geezers at Distinguished remember is that these shows’ heroes (they were always male, good fathers, honored and respected role models), were insurance agents!

Today, frankly, it’s hard to imagine a “family” show with an insurance agent hero. What’s happened? Over the years, in some people’s minds, the nature of insurance itself and some now outlawed sales techniques (mostly in life insurance) diminished the esteem we once enjoyed. Meanwhile, politicians can rarely go wrong whipping our industry for some real or imagined atrocity. And the litigious legal atmosphere is increasingly exploited by the plaintiff’s bar. Moreover, with insurance available from banks, direct writers and the Internet, some simply feel the agent is superfluous. We think this is all misguided, and we think there is an approach that will ultimately win back the esteem we’ve lost.

Improving the Outlook

What to do? There are excellent, honorable professional agents and brokers all over the country and financially solid insurance companies that offer important coverage products and services and stand behind their promises. The industry serves as the indispensable backbone of the American economy.

Producers can still compete successfully against the Internet and other sources, demonstrate their vital role in the business community and enhance the image of the industry. The key is to distinguish oneself by continuing professional education, full and honest communication with clients and carriers and scrupulous integrity. It’s tough to discuss ethical issues without sounding preachy, but the only way to overcome outright distrust or vague doubts about the value of the work we do is to do it with high ethical standards.

Agents we know who have the most success differentiating themselves tell us they try to focus on issues such as the following:

  • Communication: Accurate two-way communication is essential to legally compliant and ethical behavior, and the tripping point is assuming it has taken place! Does the client or prospect really understand what’s being discussed? Are we eliciting the full information required to meet the client’s needs and presenting the risk correctly to the carrier?
  • Advertising & Presentation: Is hype slipping in? Is language such as “best,” “safest,” “lowest cost” or “unique” exaggerating the nature of the product being recommended?
  • Careful Solicitation: Is the organization fully in possession of the skills or special tools needed to understand the business we are soliciting, then to recommend solutions and explain the exposures sufficiently to a carrier? A classic sign in an agent’s office reads, “We Specialize in all Forms of Insurance.” Is that really possible?
  • Full Disclosure: (1) To clients and prospects: Are policy limitations, especially the less well-understood ones such as pollution, mold, flood, wind or terrorism fully explained? (2) To carriers: has all pertinent information been divulged?

Compliance vs. Ethics

We think those are useful areas to examine, and you can probably think of other, similar concerns. The point is that there’s a difference between compliance and ethics. Compliance with regulations, essentially the minimum standard of behavior, will keep you out of court (sometimes!). But mere compliance is just not enough to win the hearts and minds of the insuring public who have become somewhat jaded. Ethics refers to optimal standards of behavior; the “do unto others” test of our relations with all parties to a transaction.

Clearly, the great majority of people consider themselves ethical and strive to act ethically. It’s not always easy; it’s a nuanced thing, and we’re all human. But we usually know when we’re doing the right thing and when we’re not. As far as the public is concerned today, the ball is in our court.

Cold Weather Risk Management Tips

The onset of winter brings many hazards that can result in costly property damage or bodily injury claims. Slips, falls, and fires are the most common types of loss experienced during the winter season. The following tips are offered to assist you in reducing your exposures.

Snow & Ice Removal

  • Sidewalks, parking areas, exterior stairways, and interior common areas require regular inspection and maintenance to prevent hazardous conditions from developing.
  • Snow removal and salting procedures should be documented and communicated to all management and maintenance personnel. They should include the frequency and type of service to be performed and under what conditions.
  • If you perform your own snow removal, be sure to have the proper equipment and supplies ready and available for use.
  • Snowplowing should only be done by individuals who have been trained in the proper maintenance and use of the equipment, and understand safety precautions when using it.
  • Contracts with snow removal companies should include appropriate language to indemnify you in case of damage or injury caused by the contractor.
  • Always obtain a certificate of liability insurance from your snow removal contractor.
  • Common entrances should be inspected regularly for water created by melting snow brought in by pedestrians. Mopping should be performed or mats placed in areas prone to water collection such as entranceways and elevators.
  • Exterior downspouts should not drain onto sidewalks as this creates an icing hazard.

Fire

Be certain that a fire safety bulletin is delivered to every tenant in the building that includes safety tips, locations of fire extinguishers, and emergency exits and procedures. It should also be posted in common areas. While this is always a good practice, it is particularly important during cold weather. The following specific issues should be included in the safety bulletin:

  • Electrical Extension Cords
  • Should never be over-loaded. More than two appliances or fixtures
    per cord can create an over-heating hazard.

    Heavy furniture should never be placed atop an extension cord.

    Cords should never be placed beneath carpeting.

    Stoves/ovens should never be used to supplement heating.

  • Electric Space Heaters:

    Should never be placed anywhere near combustible material such as bedding, furniture, or draperies.

    Should never be left “on” during the night or while un-attended.

    Extension cords should never be used.

  • Candles

    Never leave candles un-attended

    Never place them near combustibles such as furniture, curtains or drapes, or bedding.

    Always extinguish them before retiring.

    Fire/Smoke detectors should be tested early in the heating season, and batteries replaced annually.

    Furnaces should be inspected and tested for proper operation and potential carbon monoxide leaks.

    Fire extinguishers should be inspected regularly.

Water & Plumbing

  • Residents should be cautioned not to set thermostats below 60 degrees during short absences.
  • Residents should be familiar with the location of water shutoff valves in their units.
  • All building personnel should be familiar with the location of the main water shutoff valve. The location of the valve should be clearly marked.
  • Gutters and roof drains should be inspected and cleaned to prevent water back up and overflow.

By utilizing this checklist, you can prevent many losses from occurring and control the ones that do. This will eliminate the disruption of your business, inconvenience to your residents, and costly repairs.

Should a loss occur and regardless of the type, an effective incident reporting procedure must be in place and understood by all building personnel. This will provide prompt notice of a loss and enable you to respond quickly to mitigate any damages. If you would like any additional information or have questions, please contact:

Bill Nagy, Vice President - Claims
The Distinguished Programs Group
6 East 43rd Street
New York , NY 10017-4609
212-297-3116
bnagy@distinguished.com

Don't Overlook Crime

Insurance buyers have been preoccupied in recent years with property and liability insurance for terrorism losses, D & O for allegations of corporate wrongdoing, and the high cost of health insurance. While these relatively recent Risk Management issues continue to be challenging and demand attention, a less dramatic exposure, one that has existed for generations, also warrants an organization’s careful consideration: Employee Dishonesty. In fact, fidelity losses might pose a greater likelihood of crippling a small or mid-size business or Community Association than the more highly publicized concerns noted above.

A New York Times article in May, 2004, entitled, some might say cynically, "Hard to Trust Anyone These Days," pointed out some important facts, particularly for small business operators:

  • Embezzlement at small companies is bad and getting worse.
  • American companies lose 6% of their revenue to fraud according to the Austin, Texas-based Association of Certified Fraud Examiners
  • In 2002, scams at small businesses cost an average of $127,000, compared with $97,000 at large companies

Larger businesses usually have adequate assets to overcome even serious losses from employee dishonesty. But smaller businesses may struggle to recover from such an event. The shock of a betrayal of trust at a small business can pose a psychological and financial setback sufficiently overwhelming enough to cause severe damage or even drive it out of business. And, of course, crime claims also strike at Community Associations. Here is just a sampling of the kinds of claims we’ve seen:

  • A maintenance employee used an Association credit card for unauthorized purchases
  • Association funds were embezzled by a resident manager
  • Association bookkeeper forged checks for personal use
  • Financial improprieties by the management company

There are many common-sense Risk Management tools that most business people are aware of but sometimes tend to let slip. This can be particularly true in family-run or community-based operations where the instinct to trust partners or key employees who are relatives, neighbors or friends is understandable; but, unfortunately, sometimes naïve. Here are a few tips:

  • Always obtain background checks and validate information in references of candidates for key positions. Check records at prior employers, colleges, professional societies or of awards cited on an applicant’s resume.
  • Establish a list of approved vendors to avoid collusion between an employee and an unauthorized vendor; insist on itemized invoices.
  • Separate and periodically rotate sensitive money-handling functions such as check signing and account reconciliation.
  • Look for obvious warning signs such as checks missing from bank statements, substitution of copies for original invoices; or less obvious signs (at least at first glance) such as an unexpected change in a key employee’s work habits or attitude or evidence of uncharacteristic personal spending.
  • Be alert to family problems and related stress, frequent precursors to dishonesty on the job.

Insurance against employee dishonesty is the ultimate backstop. Coverage can include, in addition to the basic dishonesty protection, other causes of loss such as theft or disappearance of money or securities, and even computer fraud. But bear in mind that most applications for this coverage will ask what preventive measures are in place, so prudent Risk Management practice must be demonstrated. Typical required controls include:

  • Countersignatures for all checks over $500
  • Monthly fee and/or mortgage payments must be made in the form of checks (as opposed to cash).

Distinguished has a Crime Program specifically designed for Community Associations that participate in our D & O Program. Dishonesty limits from $50,000 to $5 million are available through Great American Insurance Company (Best’s rated A [excellent] XIV). Importantly, coverage is broadened to include in the definition of “employee” both property managers and non-compensated officers. Visit the Crime section of this site for more detail and an application, and don’t let Crime coverage be a victim of neglect!

Employment Practices Liability in Today's World

If you have any doubt that EPLI is a major concern in business today, Google® it: “Employment Practices Liability” brings up 12,400 entries – it’s a big deal. According to the Insurance Information Institute, the median award in EPLI suits nationally rose over 30%, to $250,000 in 2003 from about $190,000 in 2000, and that does not include associated legal costs. Moreover, it’s not just a “big business” issue. In a recent article in Crain’s New York Business, Chubb Group revealed that nearly half the respondents in a poll of private businesses expect an employee to file a discrimination complaint with the government this year.

Obviously, every producer must discuss this exposure with every business client. But what’s going on? In the past decade or so expanded remedies available to plaintiffs suffering real or imagined work-related offenses combined with our generally litigious environment have caused an escalation in claims. Here are just a few of many broad factors cited in explaining this phenomenon:

  • The 1991 Civil Rights Act (federal), parallel state laws and broader judicial interpretations have made litigation more attractive and accessible to employees.
  • Globalization, workplace “reengineering,” telecommuting and other changes in the traditional employer-employee relationship, and resulting loss of jobs plus family economic strains make potential monetary judgments appealing to stressed workers.
  • Greater, sometimes forced, geographical mobility weakens the sense of community and job loyalty that once might have constrained legal action against an employer.
  • Heightened sensitivity to 24/7 media coverage exposes us almost constantly to instances of inappropriate workplace behavior. These stories can inspire employees who feel victimized to take action.

Some of the things we hear about that go on in the workplace (not ours, of course) strain belief and can’t be printed here – after all, human behavior is unpredictable, and sometimes pretty strange! However, the most common claims usually involve wrongful refusal to hire, failure to promote, demotion, reassignment or termination; sexual harassment, coercion, slander, defamation, libel, invasion of privacy and discrimination.

Being Decent Isn’t Enough

Unfortunately, small and mid-size businesses usually do not have the ability to establish formal risk management programs to deal with employment practices exposures. A Human Resources Department with written procedures and training dealing with the ever-increasing range of important employment issues is beyond most firms’ capabilities. And while common sense, fair and decent behavior might once have been the answer, regrettably this is no longer always the case. A disgruntled employee with a sense of entitlement, encouraged by colleagues or a TV or newspaper story and assisted by an aggressive attorney, can easily overmatch a well-intentioned, “innocent” company supervisor.

The answer today is Employment Practices Liability Insurance. EPLI should be a basic component of every commercial coverage portfolio. It has become a highly competitive line of business, available from many excellent carriers at reasonable prices. Distinguished Programs’ Directors and Officers Liability Coverage for community associations (D-CAP), designed for many types of residential communities, includes a broad EPL coverage part. (Click on “Products and Services.”)

Some EPLI specialty carriers offer policyholders risk management support, and every major carrier offering the coverage has an explanatory feature on its site. EPLI-related information can also be found online at several other sites not connected with any specific carrier. Here are a few names and the pages where you’ll find helpful material:

If You See Something, Say Something

Recent terrorist subway bombings in London serve as another stark reminder of the need for vigilance in our daily activities including the management of commercial properties.

Following are excerpts from a recent briefing by the New York Police Commissioner Raymond Kelly. The comments are not unique to New York City. They have universal application and relevance.

"The briefing - based partly on information obtained by NYPD detectives who were dispatched to London to monitor the investigation - was part of a program designed to encourage more vigilance by private security at large hotels, Wall Street firms, storage facilities and other companies."

What British Authorities Found After The Bombing
"In the flophouse in Leeds where this (bomb) was built, terrorists had commercial grade refrigerators to keep the materials cool," Sheehan said, describing the setup as "an indicator of a problem. The suicide bombers cooked up their explosives using mundane items like hydrogen peroxide. They stored them in a fancy commercial grade refrigerator that was out of place in their grimy apartment."

A Lesson Learned

The lesson here is the need for awareness and vigilance. In the London case, somebody may have been aware of multiple, commercial grade refrigerators being delivered to the apartment. This was clearly "out of the ordinary" for this location. Had the authorities been alerted, the bombings may have been prevented. Don't dismiss these facts because the apartment was described as a "flop house". Terrorists may select more attractive locations for their operations at any time. We urge you create awareness among your employees and residents of this important issue. The message is best summed up by the following slogan that is beginning to appear in public places throughout NYC. "If you see something, say something".

Following the September 11th attacks on the World Trade Center in New York, we shared information on the need for building security and offered specific steps property owners and managers can take to minimize exposure to terrorist activity, either as a target or base of operations. That bulletin is included on this website and we urge you to re-familiarize yourself with the important information it provides. Remember, preventing opportunities for terrorists is everyone's responsibility.

Claims Service: The Moment of Truth

Once the policy has been issued there are very few opportunities to interact with the policyholder and demonstrate the value of the insurance coverage he/she has purchased. Responding to a loss is one of those opportunities that can either make or break a business relationship. To most policyholders claims service is like a "seatbelt". Not much attention is paid to it until it's needed; then it better function properly…. the first time. We believe that's the way it should be.

At DPG, we take the worry out of claims handling by proactively managing the claims process before a loss occurs. A tremendous amount of time and energy is spent "behind the scenes" making sure the process is responsive, efficient, and effective. We have developed our own "best practices" and work closely with our insurance carriers and TPA's to make sure they're followed. Our established credibility with our team of carriers and TPA's enables us to actively participate in the investigation and resolution of the claim. This includes providing high quality service during the handling of the claim.

Our Distinguished claims services include:

1) Providing direct access to claims professionals who strive to ensure that every claim is settled quickly, efficiently, and fairly.
2) Reviewing every first notice of claim to identify what actions need to be taken to expedite resolution.
3) Reporting every loss to the insurance carrier or TPA the same day as received. Losses requiring immediate attention are reported by phone immediately upon receipt.
4) Providing an acknowledgement that includes all contact information for the handling adjuster including name, claim number, and phone number.
5) Monitoring claims activity on a continual basis. Carrier loss runs and progress reports on significant claims are carefully reviewed. (Copies of loss runs may be obtained upon request.)
6) Acting as an advocate for the insured in the event of a problem or issue that requires our intervention.
7) Controlling and/or preventing losses by sharing risk management information, industry trends, and best practices.
8) Conducting our own "Customer Satisfaction Surveys" to solicit feedback on claims service.

Should you ever need it, you'll find our claims handling oversight is truly "Distinguished".


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