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I have lost count over the past 16 years the number of times I’ve been asked, “If I have Auto Liability, why do I need General Liability insurance?” or even, “What does General Liability even cover for a motor carrier?” If you have ever thought or asked a variation of one of these questions, hopefully this article will help you get a better understanding of the differences in these coverages. What is Auto Liability Insurance? This coverage protects a motor carrier against the costs associated with their negligence while operating a motor vehicle. Auto Liability is a two-part coverage, insuring both bodily injury and property damage of others.  Should an individual driving on behalf of the motor carrier cause injury or death to an individual, the carrier could be responsible for monetary damages. A few examples of bodily injury costs include medical payments, lost wages, and pain and sufferings.  The second coverage provided under this policy is property damage, or in other words, the damage to someone else’s property caused by the negligence of the insured. Auto Liability coverage continues to be at the forefront of discussions between brokers and motor carriers, due to the potential impact of increasing the federal minimum limit requirement. Currently, a motor carrier must carry a minimum of $750,000 of Auto Liability coverage to run as an “interstate carrier.” It remains to be seen what or if any adjustment will occur in the near future. Why Does a Motor Carrier Need General Liability Coverage? Have you ever said, “It’s glorified slip-and-fall insurance, I don’t see the need for it?” Truckers need General Liability coverage because their exposure is not limited to the road. The trucker’s General Liability policy protects against liability claims for bodily injury and property damage arising out of premises and operations, as well as products and completed operations. According to InsuranceFinancial.net, here are a few reasons truckers purchase General Liability protection: Actions of a driver while on the premises of others (loading docks, truck stops, motels, etc.) Customers coming onto your premises (trip and fall) Erroneous delivery of goods Fire legal liability Contractual liability (lease agreements, intermodal agreements, and the like) At the end of the day, both policies are vital for a motor carrier to be properly covered. I would urge you to sit down with your broker and engage in a conversation specific to your company and the protection your policy provides. Resources InsuranceFinancial.net

At some point in time, while operating your trucking company, you will be the active recipient of an on-site focused investigation performed by the Federal Motor Carrier Safety Administration (FMCSA).  Rather than react to this news after seeing the letter, it is much better to be proactive knowing it will eventually happen.  This article will prepare you for what you need to know and what is going to happen during the inspection. Proactive Measures for a Successful FMCSA Compliance Review Prior to arriving the FMCSA officer will generally request a copy of your driver list, vehicle list, and copy of your current MCS-90.  At the time of the onsite visit, they will review the following documents: Proof of financial responsibility Driver Qualification Files Drug and alcohol testing records Records of duty status and supporting documents Driver vehicle inspection reports and maintenance records FMCSA accident register Hazardous materials records (if applicable) The audit is normally one or two days long.  Because of the amount of information that will be reviewed, having this material ready upon arrival and organized is essential.  This shows that your company is dedicated to compliance and safety.  While you should have all the information ready and organized, provide only the information to the investigator as they request it. The paperwork will be audited, but the auditor will be requesting more explanation of your programs, processes, and policies.  Rather than just having a driver hiring process on paper, they want you to be able to explain it, how it works on a daily basis, and real world situations.  Having everything documented is essential, but the investigator will need to know that it is actually understood and implemented to offer satisfactory scores. Auditing Beyond Paperwork: Programs, Processes, and Policies The single most important area of review is for hours-of-service. This is frequently where carriers are downgraded with civil penalties assessed and even shutdowns occur.  Any time a high-profile accident occurs, this is the first category discussed.  Investigators want to see a meaningful program in place.  If electronic logs are not currently in place, it is a necessity to have a documented system where punishments or incentives are meaningful for specific behavior in logs. Offering multiple written warnings will no longer be deemed an effective management strategy. Being proactive on the following activities should make the receipt on notice of inspection a non-event. From the beginning, hire safe and qualified drivers. Use a Pre-employment Screening Program (PSP) and document the guidelines. Document safety policies. Require monthly driver meetings. Use your PIN number on CSA to track all roadside inspections by driver. Utilize Data Q. Create driver reward programs and set discipline for those outside standards. Review all crashes and have responses to each. Conduct internal audits to make sure everyone on the team is completing the required processes. If you focus on the 6 categories at the beginning of this article (7 if you’re a hazmat carrier), and have solid processes to back up the paperwork, these investigations should go very smoothly. Resources May 2014 Webinar, “What to Expect during your FMCSA Compliance Review,” Transportation Safety Webinar Series

OSHA requires certain employers to electronically submit workplace injury and illness information to the agency through its Injury Tracking Application (ITA) every year. On July 17, 2023, OSHA announced a final rule that requires certain employers in designated high-hazard industries to electronically submit additional injury and illness information. This additional information can be gathered from records that employers are already required to keep. The final rule becomes effective on Jan. 1, 2024. The ITA will begin accepting 2023 injury and illness data on Jan. 2, 2024. Injury and Illness Submission Expansion Overview Under this OSHA final rule, establishments in certain high-hazard industries must electronically submit information from their Log of Work-Related Injuries and Illnesses and their Injury and Illness Incident Report. The final rule includes the following submission requirements: Certain establishments must electronically submit detailed information about each recordable injury and illness entered on their previous calendar year 300 Log and 301 Incident Report forms (29 CFR 1904.41) to OSHA. This includes the date, physical location, and severity of the injury or illness; details about the worker who was injured; and details about how the injury or illness occurred; Only establishments with 100 or more employees in designated industries are required to submit case-specific information from the OSHA Form 300 Log and the OSHA Form 301 Incident Report; and The data must be electronically submitted through OSHA’s ITA. Establishments are also required to include their legal company name when making electronic submissions to OSHA from their injury and illness records to improve data quality. The final rule retains the current requirements for electronic submission of Form 300A information from establishments with 20-249 employees in certain high-hazard industries and establishments with 250 or more employees in industries that must routinely keep OSHA injury and illness records. Some of the data collected on the OSHA website will be published to allow employers, employees, potential employees, employee representatives, current and potential customers, researchers, and the general public to use information about a company’s workplace safety and health record to make informed decisions. OSHA stated that it believes that providing public access to the data will ultimately reduce occupational injuries and illnesses. Electronically Data Submission Required data submissions must be electronically submitted through OSHA’s ITA. To comply with this requirement, employers may: Use the webform on the ITA; Submit a comma-separated value file to the ITA; or Use an application programming interface feed. The due date to complete this submission is March 2, 2024. The submission requirement is annual, and the deadline for timely submission of the previous year’s injury and illness data will be on March 2 of each year. Benefits of the New Requirements Other than providing public access to injury information, the access to establishment-specific, case-specific injury and illness data will help OSHA identify establishments with specific hazards. This will enable OSHA to interact directly with these establishments through enforcement and/or outreach activities to address and abate the hazards and improve worker safety and health. These same data will also allow OSHA to better analyze injury trends related to specific industries, processes or hazards. OSHA believes that the collection and publication of data from Forms 300 and 301 will not only increase the amount of information available for analysis but will also result in more accurate statistics regarding work-related injuries and illnesses, including more detailed statistics on injuries and illnesses for specific occupations and industries. Employer Next Steps Employers should review the requirements in the final rule to understand whether they are in a designated industry and to understand any new regulatory requirements. Affected employers should update and implement related compliance policies and procedures by Jan. 1, 2024.

As you prepare to transition from college to the professional world, creating a compelling resume is key for landing your dream job. Your resume serves as your personal marketing tool, showcasing your skills, experiences, and qualifications to potential employers. Here's a complete guide to help you master and maximize your resume as a recent college graduate: Start with a Strong Heading:  Open your resume with a clear and professional heading that includes your full name, contact information, and optionally, your LinkedIn profile URL. Make sure your email address is professional and avoid using nicknames or unprofessional handles. Craft a Compelling Personal Statement:  Follow your heading with a brief personal statement that highlights your career goals, key skills, and what you bring to the table as a candidate. Tailor this section to the specific role or industry you're targeting and keep it brief but impactful. Highlight Your Education:  As a recent graduate, your education section should be prominently featured on your resume. Include the name of your institution, the name of your degree, your major/minor, graduation date (or expected graduation date), any academic honors or awards you've received, and optionally, your GPA. Showcase Relevant Experience:  Next, outline your relevant work experience, internships, volunteer work, and extracurricular activities. Focus on experiences that are directly related to the job you're applying for and use action verbs to describe your accomplishments and responsibilities. Quantify your achievements whenever possible to demonstrate tangible results. Be sure to list the most to least recent. Emphasize Transferable Skills:  Highlight transferable skills gained through your coursework, internships, and extracurricular activities that are applicable to the job you're seeking. These may include communication skills, leadership abilities, problem-solving capabilities, and teamwork. Include Additional Sections as Needed:  Depending on your background and experiences, consider adding additional sections to your resume, such as relevant coursework, certifications, professional affiliations, athletics, clubs and organizations, language proficiency, or technical skills. Only include sections that elevate your application and are relevant to the job you're applying for. Proofread and Format Professionally:  Before submitting your resume, thoroughly proofread it to check for any spelling or grammatical errors. Additionally, ensure that your resume is formatted professionally and consistently, using clear headings, bullet points, and an easy-to-read font, but also don’t be afraid to let your personality shine through. Keep your resume length to one page whenever possible. Seek Feedback and Revise:  Don't hesitate to seek feedback on your resume from trusted mentors, career advisors, or other professionals. Incorporate their suggestions and revise your resume accordingly to ensure it’s polished and effective. Submitting and Sharing Your Resume:  Once your resume is finalized, it's time to submit it to your potential employer. Follow the application instructions provided in the job posting, whether it's through an online application portal, email, or mail. Additionally, consider sharing your resume with your network of contacts, including family, friends, professors, and alumni. Networking can often lead to valuable job opportunities and referrals.   By following these tips and strategies, you'll be well-equipped to create a standout resume that effectively showcases your strengths and accomplishments as a recent college graduate. Good luck on your job search journey! Discover exciting career opportunities at Cottingham & Butler today! Whether you're seeking a full-time position or internship opportunity, we're always eager to welcome talented young professionals like you to our team.

Did you know companies, with 11 or more employees, are required to maintain and post an OSHA log? What is an OSHA 300 Log, and when does OSHA need to be notified of an injury? Failure to maintain proper recordkeeping, or incorrectly doing so, could lead to large fines. Learn what you need to know about OSHA recordkeeping and reporting, as well as recent changes to reporting requirements. Click here to download the presentation slides.

A Winter State of Mind One of the joys of the trucking business is the ability to travel across the country and experience the beauty of different roads from coast to coast. However, this also means you must prepare for various types of driving conditions. The winter months make for treacherous road conditions across much of the country; the best thing you can do to make sure you stay safe when the temperature drops is to prepare. Whether you’re driving through a busy metropolis or sparsely populated country roads, there are heightened risks to be aware of in winter. You never know what may happen– be prepared for anything. Here are some good practices to keep you and your cargo safe in the winter months. Practice Proper Vehicle Maintenance In unfavorable conditions, it is especially important to inspect your vehicle before you get on the road. First, remember cold weather lowers battery power, so be sure yours is in good shape before the cold conditions take over. Also, for fifth-wheel lubrication, make sure you are using a winter-grade product – summer-grade lubricant in low temperatures could cause steering issues. Ensure there is proper winter coolant in your radiator and there are no leaks. Check to make sure the heater, defroster, and wiper blades are all in proper working order because if you have not used these things in a year or more, there is no guarantee they will be functioning when you really need them! Most importantly, check your tires. Winter roads already provide very little traction, so decent tread depth is critical. Be Prepared With Equipment and Supplies Just as important as vehicle maintenance is having the right gear to get you through the most severe winter conditions. Some states require trucks to carry chains or cables during certain months, and they may mandate which axle(s) require chaining and the use of specific traction devices. Before setting out, make sure you know the laws in the states where you are traveling. If you travel frequently through mountain passes, where chaining is often a rigidly enforced requirement, you may want to consider carrying a list of state-specific safety requirements for quick reference. Also, be informed on how to put your chains or cables on before you need them, as subzero temperatures and ice-covered roads with heavy snowfall are not the best conditions to learn in! When it comes to fuel, gelling is the main concern. Know N/A’s regulations on buying additives for fuel and know if your vehicle has fuel tank heaters. To prevent gelling, keep your tank as full as possible in cold conditions, avoid turning the truck off for long periods, monitor the temperature and wind chill carefully, and beware of fuel purchased in southern states if you are traveling into cold conditions. Weather conditions in the South do not require blended fuel, so fuel purchased there will have a greater tendency to gel if driven into cold conditions. Always carry a winter driving kit with you – you never know when one of these items could save your life. Recommended items to stock in your kit include the following: Flashlight and batteries Blankets Extra clothing, such as warm layers, gloves, shoes, socks, and rain gear Non-perishable food and water First aid kit Bag of sand or salt Extra washer fluid Windshield scraper and brush Jumper cables Tire chains or traction mats Cellphone and charger Lighter, matches, and candles Know the Road Conditions Two things: have a good source for weather reports and a good thermometer. If your truck is not equipped with either of these, seriously consider the investment, as both are crucial to determining the safest routes and knowing what kinds of road conditions you are dealing with. If you are unable to tell whether the road is icy or not and the temperature is hovering around freezing (32 degrees F), watch other vehicles to gauge the conditions. Sliding vehicles, lack of spray from tires, and ice buildup on others’ vehicles are good indications the road is frozen. CB antennas that have ice buildup will bounce back and forth rapidly, which is another good signal that road conditions are dangerous. React Properly When Things Go Wrong Whether it is your fault or not, things can – and will – go wrong when driving in dangerous winter conditions. The key is to respond quickly and smartly when they happen. Frozen Brakes: If it gets cold enough, the brake lining could freeze to the drum if you set your brakes when they are still wet. To fix this, you will have to break them loose by either backing up so they will break free on their own or hitting them with a hammer to loosen them. Skidding: If you find yourself skidding, quickly depress the clutch, look at the left mirror only, and steer to get back in line with the trailer. Keep steering and counter-steering until you regain control, but do not over-steer. If possible, avoid braking during this process even if there is an oncoming emergency. There is likely not enough room to stop without a collision, and you could easily make matters worse by slamming on the brakes. Avoid skidding altogether by not braking, turning, steering, or accelerating too quickly. Jack-knifing: Countless studies show if you allow the tractor and trailer to be at more than a 15-degree angle to each other, your chances of regaining control are unlikely. However, you should still work to correct the jack-knife as soon as you recognize what is happening. Recover by steering until the trailer and tractor are realigned. Never use the brakes, but if you are experiencing a trailer jack-knife (the wheels of the trailer are locked up as opposed to those of the tractor), you should use the accelerator to pull the trailer back in line. The bottom line in winter driving is to think ahead about safety, be prepared, and know your own limitations. You have heard it a thousand times, but in bad conditions, always increase your following distance, make smooth downshifts, and take extra caution when traveling on ramps, bridges, and overpasses. You have control over your own vehicle, but the driver next to you may not. Your best bet is to stay as far away from other vehicles as possible. If something does go wrong, increase your chances of surviving the incident by not panicking and remembering everything you have learned about safe driving. Use common sense – if you feel uncomfortable or unsafe driving in the given conditions, do not drive. It’s better to be safe than sorry; that is, better your load is delivered late than not delivered at all, so use your best judgment!

Understanding and adhering to federal regulations is crucial for the success and sustainability of any business—especially those in the trucking industry. One such critical aspect is keeping freight broker and motor carrier entities separate, a principle emphasized by regulatory standards outlined in 49 C.F.R. §371.7. Regulatory Compliance The Federal regulatory definition explicitly mandates that a Freight Broker’s registration should be under a separate legal entity from that of the Motor Carrier. 49 C.F.R. §371.7(a) explicitly prohibits a broker from performing or offering brokerage services under any name other than that specified in its registration. Furthermore, 49 C.F.R. §371.7(b) underscores the need for transparent advertising, stipulating that a broker must not represent its operations as that of a carrier, and any promotional material should clearly indicate its broker status. Legal Implications of Operating Under a Single Entity Failure to adhere to the separate legal entity requirement poses significant risks, potentially jeopardizing the entire sustainability of the company. Operating a broker and carrier under the same legal entity can lead to legal complications, where loads tendered by a carrier to a broker under common ownership may be treated as the carrier’s liability. This not only violates regulatory standards but also undermines the legal defense a broker may have in the event of a claim arising from a load under tender. Complete our Transportation Broker Risk Scorecard to help pinpoint the specific risks threatening your trucking operation and brokerage operation. Prioritize key strategies to minimize exposure and increase resiliency. Mitigating Risks & Ensuring Viable Defense To safeguard against these risks, companies should establish a separate broker registration under its own legal entity, complete with distinctive branding and contracts. This separation not only aligns with regulatory requirements but also ensures a viable defense for brokers in the face of potential claims, maintaining the integrity of their operations. Comparing Liability: Freight Broker vs. Motor Carrier The risks associated with not following this corporate structure are underscored by the vast difference in liability between freight brokers and motor carriers. While motor carriers may face substantial settlements exceeding $165 million in some cases, freight broker authority is “exempt” from liability for cargo and bodily injury claims under the D.O.T. authority. Past litigation history supports that successful judgments against freight brokers only occurred when they portrayed themselves as motor carriers or exercised excessive control over drivers. Best Practices for Compliance To ensure compliance, conduct a thorough review of your company’s legal entity, advertising, branding, and contracts to verify the separation of broker and carrier entities. For companies holding dual authority, it is imperative to maintain separate advertising and branding materials for motor carrier and freight broker operations. Additionally, separate contracts for each service provided to clients help delineate the distinct roles and responsibilities, further minimizing legal complexities. Staying vigilant in maintaining the separation of freight broker and motor carrier entities can help your business proactively mitigate legal risks. By following best practices and maintaining a clear distinction between broker and carrier entities, businesses can navigate the regulatory landscape with confidence and protect their interests in the face of potential legal challenges.

Open enrollment can be an extremely positive and rewarding experience for you and your employees, providing you plan for it well in advance. It’s important to review and modify your benefits offerings to enhance your employees’ physical, mental, and financial health. Consider the following open enrollment checklist to help you prepare for a successful 2024 open enrollment! Click here to access a downloadable version of this checklist! ☐ Be ready to answer employee questions regarding health care reform legislation. Understand how the legislation affects your benefits offerings and be prepared to share this knowledge with employees. ☐ Make a list of anything new and exciting that will enhance your open enrollment processes. Plan to communicate these enhancements to employees. ☐ Consider online enrollment programs and software if you haven’t already. Allow time to implement them onto your company website before your open enrollment period. ☐ Maintain records of employee questions, comments, and concerns, preferred communication methods, trends in employees’ selections, and other information that will help you better serve employees during open enrollment. ☐ Make necessary changes to your benefits offerings before the open enrollment period to avoid rushing at the last minute. ☐ Survey employees on what they are seeking in terms of benefits offerings and any improvements they would like to see. Customize your offerings to your employee population after analyzing survey results. ☐ Consider offering new benefits, even if they are 100% voluntary. Spread the knowledge ☐ Hold meetings with employees to review coverage options and changes. Offer information regarding benefits in various formats to your employees such as one-on-one meetings, viral benefit fairs, mailers, or intranet tools. ☐ If pamphlets or brochures are provided by your carrier or third-party administrator, deliver them to employees. ☐ Communicate helpful phone numbers and websites to employees looking for additional resources. Know your audience ☐ Be prepared to answer questions that employees asked most frequently last year. ☐ Create a frequently-asked-questions sheet with answers to distribute, post, or email to employees. ☐ Provide answers to basic questions, such as how much premiums will increase, new coverage options, etc. ENROLLMENT PERIOD Make sure employees have received all of the following materials, including: ☐ Open enrollment schedule ☐ Statement of current coverage ☐ Plan-specific changes and rates ☐ Plan-specific summaries ☐ Open enrollment booklet and forms ☐ Deadline for open enrollment ☐ Carrier contact information Guide your employees through this period: ☐ Provide employees with materials and give them time to review them, ☐ Offer generous deadlines, with frequent reminders. ☐ Send a reminder the day before the enrollment deadline. ☐ Remain available through various mediums for employees to contact with questions and clarification. ☐ Make sure employees understand that you are available to answer any questions and that no question is too simple or complex. POST-ENROLLMENT PERIOD Did you… ☐ Check enrollment forms for any missing information? ☐ Check enrollment forms for any information that was incorrectly filled out? ☐ Submit all enrollment forms to the carrier? ☐ Ensure that you follow any health care reform provisions that affect your plan and employees? ☐ Follow up to ensure all employees received their ID cards? ☐ Make sure all employees are clear about their benefits and don’t have any outstanding questions?

The Cybersecurity and Infrastructure Security Agency (CISA) and the National Security Agency (NSA) have teamed up to release a comprehensive joint cybersecurity advisory, shedding light on the most prevalent cybersecurity misconfigurations that tend to plague large organizations. This article delves deeper into these common misconfigurations and provides a detailed understanding of each, along with recommended mitigation strategies for your organization to implement. Default software configurations: Default software configurations can pose security risks, as they may contain vulnerabilities and overly permissive settings. To mitigate these risks, change or disable default usernames and passwords, secure ADCS settings, review template permissions, and assess the necessity of LLMNR/NetBIOS. Improper user/administrator privilege separation: Assigning multiple roles to a single account can lead to undetected access to various resources if compromised. To enhance cybersecurity, use authentication, authorization, and accounting systems, audit user accounts regularly, limit privileged account usage, and restrict domain users in local admin groups. Additionally, employ non-admin accounts for daemonized apps and configure service accounts with minimal permissions. Insufficient internal network monitoring: Poor sensor configurations can go unnoticed and hinder data collection for baselines and timely threat detection. To address this, establish application and service baselines, regularly audit access, develop an organization-wide baseline for traffic, network, host, and user activity, employ auditing tools for privilege and service abuse detection, and implement a security information and event management system. Lack of network segmentation: Without network segmentation security, malicious actors can move freely across systems, posing a ransomware and post-exploitation threat. To mitigate this, use next-gen firewalls for deep packet inspection, segment the network to isolate critical assets, and employ separate virtual private cloud instances for essential cloud systems. Poor patch management: To prevent security vulnerabilities, maintain up-to-date software through efficient patch management. Automate updates, segment networks to reduce exposure, cease unsupported hardware and software usage, and patch firmware against known vulnerabilities. The bypassing of system access controls: Avoid using the same credentials across different systems. Implement PtH mitigations and restrict domain users from being local administrators on multiple systems to enhance security. Weak or misconfigured multifactor authentication (MFA): Improperly configured multifactor authentication can lead to unchanging password hashes, posing a risk in Windows environments. Disable legacy authentication protocols and enforce modern, phishing-resistant MFA using open standards for enhanced network security. Insufficient access control lists (ACLs) on network shares and services: Data shares and repositories are prime targets for malicious actors due to improperly configured ACLs. Prevent unauthorized access by securing storage devices and network shares, employing the principle of least privilege, setting restrictive permissions, and enabling the “Do Not Allow Anonymous Enumeration of SAM Accounts and Shares” Group Policy setting in Windows. Also, apply strict permissions to files and folders with sensitive private keys. Poor credential hygiene: To prevent cyber-attacks, maintain good credential hygiene by following NIST’s password policies, using strong, unique passwords, avoiding password reuse, using strong passphrases for private keys, storing passwords securely, reviewing for cleartext credentials, and considering group-managed service accounts or third-party software for password storage. Unrestricted code execution: Restrict unverified programs, use application control tools, limit scripting languages, and regularly review and update border and host-level protections to block malware effectively. Additional Mitigation Strategies It is highly recommended by CISA and NSA that organizations continuously exercise, test, and validate their security programs in a production environment. Regular testing ensures that the security measures remain effective and adaptable to new threats. Additionally, organizations can learn from the vulnerabilities and shortcomings experienced by others and swiftly implement necessary mitigation measures to safeguard their networks, sensitive information, and critical missions. Conclusion The joint advisory from CISA and NSA provides invaluable insights into the most common cybersecurity misconfigurations and offers detailed strategies for mitigating these risks. By diligently addressing these issues and following the recommended best practices, organizations can significantly enhance their cybersecurity posture and protect against a wide range of threats. For more risk management guidance, contact us today.

For commercial property owners and managers, protecting facilities and minimizing potential losses is of utmost importance. One invaluable resource is infrared thermography. This advanced imaging technology is nonintrusive and highly efficient in detecting issues before they escalate into major complications. This article explores the mechanics of infrared thermography and its multiple applications in reducing commercial property losses. How Infrared Thermography Works The process of infrared thermography involves the detection of infrared radiation emitted by objects based on their temperature. Camera sensors equipped with highly sensitive infrared technology can detect even the slightest temperature variations across an object or surface. These sensors convert the detected thermal radiation into an electrical signal, which is then processed to produce a visual image. The resulting image displays a color palette that represents different temperature ranges, making it easy to identify hot spots or anomalies. Trained thermographers analyze these images to identify potential issues such as overheating electrical components, water leaks, insulation deficiencies or structural weaknesses. Applications of Infrared Thermography in Commercial Properties Infrared thermography has a wide range of applications in commercial property management, including: Electrical Systems: Detecting overheating electrical components like circuits, switches, and connections can help prevent electrical fires and costly downtime. Roof Inspections: Identifying water leaks or moisture within roofing systems can prevent damage to insulation and structural components. Building Envelopes: Detecting insulation deficiencies and air leaks in walls and windows can improve energy efficiency and reduce heating and cooling costs. HVAC Systems: Uncovering issues in heating, ventilation and air conditioning systems can ensure optimal performance and energy efficiency. Plumbing: Identifying hidden water leaks can prevent structural damage and mold growth. Structural Inspections: Detecting weaknesses or anomalies in building structures can help prevent costly repairs or collapses. Benefits of Infrared Thermography for Businesses The implementation of infrared thermography can greatly benefit businesses across various sectors. One of the most notable advantages is the ability to detect potential issues early on, enabling proactive maintenance to avoid costly breakdowns and downtime. This approach not only saves money but also improves operational continuity. Additionally, it enhances safety by identifying and addressing fire hazards, electrical problems and structural weaknesses, reducing the risk of accidents and injuries. By identifying inefficiencies in HVAC systems and building envelopes, infrared thermography can also enhance energy efficiency, resulting in substantial cost savings by reducing energy consumption. Ultimately, this technology helps safeguard investments, prolong the lifespan of critical equipment and optimize operational efficiency, making it a valuable asset that can greatly enhance the financial stability and overall performance of businesses. Conclusion For commercial property owners and managers, infrared thermography can be an invaluable tool in preventing significant losses. It helps identify problems at an early stage, ensuring safety and improving energy efficiency, which ultimately saves money and protects investments. By including it in a thorough maintenance plan, commercial property owners can experience greater financial stability and peace of mind. Please contact us today for additional guidance on commercial property risks. The information contained in this article is not exhaustive nor should it be construed as legal advice. Readers should contact legal counsel or a licensed insurance professional for tailored guidance.

In a situation where one company merges with another to become a single entity, or when one company is acquired by another, both parties must review and update their insurance coverages to ensure all risks are accounted for. This article details some of the steps your company should take to prepare for a merger or acquisition and defines two types of insurance that may help your company close the deal with confidence. Perform an Insurance Review To make sure your company is not blindsided by surprise liabilities after a merger or acquisition transaction, perform the following review: Ensure all of the seller’s existing policies have sufficient limits and adequate coverage for its main risks. Determine whether the seller has any potential liabilities that are not insured. To do this, review the seller’s claims history and existing policies. Take note of the seller’s existing contracts guaranteeing indemnification, or agreeing to additional insured status for suppliers, customers or corporate affiliates of the seller. Review existing contracts to look for any indemnities or insurance that may have been presented to the seller from other parties. Pinpoint new exposures that could pop up if operations are added or moved to locations unfamiliar to your company. New coverages may need to be purchased or old policies may need to be updated to make sure these operations are covered. Address any circumstances or conditions that could generate claims that would fall under the seller’s coverage. Address any differences in the way the seller reported claims with the way the buyer reports claims. Additional uncovered liabilities are often discovered in the due diligence process, and the purchase price can be adjusted accordingly or the buyer granted applicable indemnification. Representations and Warranties Insurance During a merger or acquisition, certain discrepancies may appear in the way each company has represented itself. These inaccuracies could cause significant liabilities after closing, and those liabilities may not be covered by general liability policies. If indemnification hasn’t been promised, specialty insurance should be considered to cover these potential risks. Representations and warranties insurance protects buyers and sellers of a company against any inaccuracies made in representations and warranties. Some advantages of this type of coverage are that it does the following: Extends the time for representations and warranties, which gives buyers more room to spot any existing problems with the recently purchased business Removes the worry of not being able to collect on a seller’s promised indemnification Speeds up a business sale by covering the liabilities of future representations and warranty claims During an auction, allows the buyer to place a distinguishing, lower, stand-out bid Allows a seller to fully and completely leave a business if desired Allows the buyer to maintain a good relationship with the seller, who may become the buyer’s employee or business partner after the transaction D&O Run-off Coverage If you have a directors and officers (D&O) policy, you know that it protects you from the costs associated with any lawsuits, investigations, or other claims brought against you. In a merger or acquisition scenario, the D&O coverage of both entities needs to be examined before the completion of the transaction to ensure gaps in coverage will not exist. D&O policies are typically structured as “claims made,” which means the insurance does not cover the company after the policy expires. This means that if a claim is filed against the seller after the seller’s D&O policy expiration date, the seller will be responsible for paying any charges in full. Depending on the specific contract details, this could mean that the buyer is responsible for footing the bill. Run-off insurance provides extended D&O coverage (for a selected period) for any claims that arise after the seller’s policy expires. It should be secured before the merger or acquisition transaction closing. Another factor to examine in D&O insurance is the “change in control” clause. Many D&O policies include a “change in control” clause that modifies or voids the coverage if the company is merged into or acquired by another company. Merger and acquisition deals can be complicated. Extensive research and preparation must be completed before the closing of the deal to ensure there are no gaps in insurance coverage. When preparing for a merger or acquisition, it is crucial to understand how the buyer’s policy and the seller’s policy will respond to a change in control and to secure run-off coverage for any claims made following policy expiration dates. To avoid saddling your combined company with uninsured liabilities, you must be knowledgeable about your insurance policies and how each might be modified in a merger and acquisition transaction. For more information about protecting your company or for further insight into your policy language, contact Cottingham & Butler today. This article is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact a Cottingham & Butler representative directly for appropriate guidance.

Preliminary data from the U.S. Equal Employment Opportunity Commission (EEOC) showed that the agency filed 50% more employment discrimination lawsuits in fiscal year (FY) 2023 than in FY 2022. There were 143 new employment discrimination lawsuits filed in FY 2023, including 25 systemic lawsuits (nearly double the amount filed in each of the past three fiscal years and the largest number of systemic filings in the past five years), 32 nonsystemic class suits for multiple harmed parties and 86 suits for individuals. “The EEOC’s litigation program is an important tool to ensure compliance with the nation’s anti-discrimination laws and promote equal employment opportunity when the Commission is unable to obtain voluntary compliance.” -Charlotte A. Burrows, EEOC chair The cases filed in FY 2023 represent a broad array of issues covered under the statutes enforced by the EEOC, including the Americans with Disabilities Act, Pregnancy Discrimination Act, Equal Pay Act, Age Discrimination in Employment Act, and Title VII of the Civil Rights Act. These cases covered a range of issues, such as protecting vulnerable workers and people from underserved communities, addressing barriers in recruitment and hiring, confronting qualification standards and inflexible policies that discriminate against individuals with disabilities, advancing equal pay, combatting unlawful harassment, addressing the long-term impact of the COVID-19 pandemic and preserving access to the legal system. In FY 2023, the EEOC also filed its first lawsuits against companies for failing to grant employees with religious exemptions to COVID-19 vaccine policies. Experts anticipate there may be an uptick in religious accommodation lawsuits following the U.S. Supreme Court’s Groff v. Dejoy decision in June. The EEOC also resolved its first-ever artificial intelligence-based hiring discrimination case against an organization that allegedly programmed recruitment software to reject older candidates. Employer Takeaways The EEOC’s goal is to advance workplace opportunity by enforcing federal employment discrimination laws. Many changes have taken place at the agency in FY 2023, including new leadership, structural changes, and a significantly increased proposed budget. As a result, employers may see a continued increase in enforcement in the coming months and through next year. Therefore, employers must understand their legal obligations related to discrimination laws. For more compliance resources, contact us today.