I know who did it

Posted by on 24 August, 2013 No comments as yet

This article is about why people insure their equipment, what happens when it’s stolen, and how do you prevent it. This is a salutatory tale about people who rely on their equipment to do business and find that others have their eyes on it for other purposes.

 

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Business equipment is an asset to be leveraged

 

A client calls and explains how he’s been relieved of thousands of pounds of computer equipment and the office is in some disarray. He goes on to explain that the goods he was working on for his client have also taken a walk, and he needs to make a claim for replacing all said items. It’s not usual for IT companies to have clients’ equipment with them. So we discussed the items that had gone missing and forwarded the list of assets to be replaced to the insurance company. Insurance companies are always keen to keep the size of any settlement they make down and ask for receipts, so we had those ready.

Photographs of items suffice, where receipts had been mislaid or are with the accountant . It’s amazing how shots of general office shenanigans can prove useful when trying to prove that you did actually own a fantastically powerful computer. Digital inventories are really useful… if you have saved the digital record off site.

He did it

 

“I actually I know the b@$tard who did it” exclaimed my client, when i asked how they gained entry. He was adamant he knew the identity of the perpetrator. he was certain the CCTV would identify them. This is when CCTV becomes useful, it identifies people who do not wear baseball caps or other people who do not wear “identity avoidance devices”. But it is only a deterrent. CCTV has never prevented anyone from entering a premises. It has served to make criminals more “scientific” when trying to hide their identity. The only way to keep them out is to use physical devices.

Fortunately the client and I had discussed what was required a long time ago, so we already knew that the insurance company would be satisfied that the security was adequate. There is nothing that will stop a determined thief, so the insurers pay out on these occasions. It is the opportunist thief that causes problems for most people in serviced offices because they assume that a) the serviced office covers their equipment (because they should?) b) have great security people who man the desks 24/7 (they never go to the toilet?) or c) are responsible for anything stolen from the premises (they are not!).

They’re back

Older readers will remember that there was a sequel to Gremlins back in the 1990s. The Gremlins that were back in this case were actually the thieves. Yes, they came back and stole all of the new equipment just after it had been replaced. This is not unusual at all, it happens so often that it is laughable. Do the IT companies tip them off when they receive a new order? Do staff in insurance claims departments let thieves know where the new items are being delivered? Do delivery companies have miscreants within their companies that tip off undesirables? You and I will never know the truth. But somehow, people know when new equipment is delivered. I don’t think it is right to be naive and assume that this only happens because an opportunist thief happens to be walking past a office that new equipment is being delivered to. There are a number of ways around it, yet too many to mention here.

This sort of thing leaves a bad taste in the mouth. This is particularly poisonous when the police fail to remove the evidence from a CCTV system before it is deleted. No amount of encouragement will ensure that the police arrive at a non-emergency. They simply do not care anymore, they have been trained to meet targets rather than reduce crime. When they visit the site of a burglary or theft, and realise there is little evidence, they somehow to lose the will to do what they are paid for. It is regrettable that public services have gone this way, yet we must accept that it is a fact and protect our own environment. In this case, I will recommend that the client moves. If they do not, their insurer is likely to offer severely onerous terms and conditions which will not increase their annual insurance investment but will make entering and exiting their office a trial. Something that the cap wearing thief does not have to face too often.

Wrap Up: The police are there to help, yet they are not very good at following up on identifying criminals. The client is really annoyed that the “obvious” offender has got away with it – twice! However, even a private prosecution would fail without any evidence.

Top Tip: If it is your equipment, it is your responsibility. Never expect anyone else to pay for it. You make think your items are covered when in the possession of a third party that is repairing it. What happens if their insurance is inadequate?

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Insurers pay one claim but not the other

Posted by on 26 July, 2013 No comments as yet

This article is about how insurance companies often make odd decisions. Here’s an example of how one insurance company refused to pay a claim that another department had already agreed to pay, the delays it causes, and what you can do about it.

 

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We’re paying. No were not!

 

Terry calls me and lets me know there’s been a flood from an appliance installed at their property. It’s obvious that this is covered by the insurance because this is one of the main risks that we were asked to reduce.  It was a contractor that caused the problem and eventually they will be paying for it, yet when there’s water all over your property floor and the contractor has failed to answer their phone, things can get stressful. I let Terry know that we would ensure that someone visited to assess the damage, but the main thing was to stop the leak and find out what caused it.

How can they possibly refuse?

 

Once the claim was made the insurance company confirmed that it would repair the internal damage yet none of the damage to the walls. Yes the wall, this was some leak! This was some leak and it is not unusual for this to happen when a property is unattended.  We helped the client make contact with the insurance company of the walls, and things seemed to be progressing smoothly, with all the various parties agreeing the damage was covered and the amount to be paid to the insured to replace all of the damaged property, repair the flooring, the walls, et al.

 

It then transpired that the same insurance company covered both the internal and the structure. However one department had agreed that it was fair to pay for alternative accommodation whilst the repairs were undertaken and the other department said it would not be necessary.  This caused a delay, there was no need for it, because you can’t renege on a promise, and as insurance contracts are promises, we weren’t going to let them get away with it.

What can you do about?

 

This often occurs and the two insurance departments appointed 5 separate “independent” advisors to manage the damage. We oversaw all the relevant parties and it was a shame that one of them was seeking to “draw favouritism” fromthe insurance company by trying to reduce the claim.  Terry was pleased with the final settlement, but it was only achievable because one of the adjusters appointed by the insurer was reasonable and went the extra mile once we had put together a fully reasoned argument as to why  the settlement should be full and include the cost of alternative accommodation.

As I write this, Terry is preparing for her stay in a hotel and all the building work is due to be completed within a fortnight. It’s a shame that a hotel is even necessary and the lesson is, make sure you use contractors and suppliers who are there to help you when you most need it. A good way to check this is to ring the claims line of any insurance provider that you are due to choose. I have said this before – at least it will give you the opportunity to assess how quickly they will respond to your claim. It may help you measure whether they have put all of their resources into sales and leave you hanging when you most need them.

 

Wrap Up: There are always difficulties when different policies cover parts of the same property. Who covers the floor if it is someone else’s ceiling? The measure of any service is how well they perform when you need them. If you can, try and use as few advisors as possible when protecting your assets, income or reputation.  This will reduce the number of gaps and the time it takes to deal with any queries when accidents happen.

 

Top Tip: If you are having any form of work done at your business or home check the insurance details of the proposed contractors. The fact they have insurance is a good start, yet not all “cover notes” are the same and the policy details behind them are even more complicated.

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Will Intellectual Property lead the UK out of recession?

Posted by on 12 July, 2013 No comments as yet

This article is about the true value of intellectual property, the risks and advantages when leveraging it, and the solutions available.

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Intellectual property is Marvellous

 

Every week I meet someone who has had a great idea.  Not all of them will make as much money as Coca Cola, yet some of them are simply amazing. Naturally, these conversations are private and confidential, and I am often asked to sign Non-Disclosure Agreements (NDAs), before I am party to the secret. I don’t mind doing this because it helps build trust with entrepreneurs and inventors.

I think it is vital to protect the intellectual property in any country, UK Plc. seem to have more nurtured good ideas than most. The gentleman who designs Apple products is British, although he is an employee of Apple, so he is handsomely rewarded for giving them the rights and it makes sense to leverage an idea by partnering with someone who has the means to make the most of it.

The UK authorities are aware of just how much tax revenue they make when ideas created in the UK are well protected in the UK, so they have invested in grants making it worthwhile to protect intellectual property, because they make money when we make money.

Intellectual property risks examples

 

One inventor has designed a new water bottle for athletes. Another has invented one with a filter that means that it can be filled from a puddle, yet still be drinkable. When they initially approached me they had similar concerns, someone might copy it and they wanted to enforce their patent, design and trademark rights. Perhaps another manufacturer would try to flood the market with cheap copies that would damage the brand if people were injured whilst using an inferior bottle.

Social Media searches helped another inventor determine people who were jealous of the invention and were using very similar names to promote their product. In each case they can enforce their rights because they arrange protection to close down the miscreants or, at least, stop the fake or suspiciously named goods reaching consumers.

Sometimes this is achievable by a warning shot across the bows, commonly known as a cease and desist letter; this doesn’t always work. Authorities will act upon injunctions and stop goods leaving a factory, impound them at a distributors warehouse or prevent them being loaded onto a ship if the Intellectual Property owner has the means to enforce their rights. Sometimes this is avoided by the miscreants and the legal costs of enforcement mount up.

Some inventors have told me that they believe people will think twice when they have signed a Non-Disclosure Agreement, and that is certainly true for the vast majority of people. Large companies and corporations have taken advantage of the little guys and will stop at nothing to make a buck. Just a little research unearths companies who brought their manufacturing process back to the UK from abroad to find that aggressive companies in England started copying their top four selling items and promoting them on the internet.

Whoever let the copycat have the designs probably signed an NDA. It will take time to find out who the culprit was or if the data was stolen by hacking, employees or “external forces” have been known to do this. Without legal costs protection in place, even though they had protected their unique features and registered their designs, it costs a considerable amount of money, time and effort, to stop this happening.

The same applied to an Irish game designer, doing business in the UK, who was courted by a US publisher with a hawkish side. It cost $380,000 to get the game they “copied” removed from the shelves and they eventually gained a licence agreement for a share of the sales of his original ideas.

Intellectual property advantages

 

It is understandable that some companies do not want to register a patent because they know that there are really aggressive companies, especially in the US, who have a habit of copying ideas as soon as they are registered.  I don’t mean registered as a patent, I mean patent applied for. How they find out about such things is fraudulent, of course, and I share tweets noting those that get caught or the sectors that are at the biggest risk.  Savvy intellectual property advisors often recommend that registering be left until the last minute, yet this also carries the risk that someone else may have come up with the idea on a completely opposite of the world, and register it first, obtaining Worldwide rights, if they have the ability to do so.

When discussing these issues I let people know that there are ways of protecting such inventions without them being fully registered.  Get a registration in first, and inventors or designers can enforce their rights before they are registered. This makes patent attorneys and intellectual property lawyers very happy because it gives them a significant tool in their armoury and also enables them to generate fees when the protection process takes too long.

Large companies do not wait for small companies to enter the market before they attack them. A client is in the UK and bought a US Company and made it their branded subsidiary. The players who had the largest share of that particular US market instantly issued “malicious” proceedings against the UK Company before they had even started promoting their products.

 

Wrap Up: Intellectual Property is a real bargaining chip, if it is adequately protected.  Aggressors often try to tie new entrants up in legal process – which is a huge cost – especially in the US, to prevent them from spending their money on marketing and eroding the established leaders market share.

Top Tip: Having a non-disclosure agreement is great, yet you will need to enforce it if someone breaches confidentiality or trade secrets. This is simple yet not easy. Registering patents, marks, brands, domain names, or other unique features of a product or service, and the way it is marketed, can all form part of Intellectual Property protection.

 

 

 

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Your Data is a Commodity – Your Privacy is not

Posted by on 28 June, 2013 No comments as yet

This article is about car insurance, not that I can help with your car. It’s to do with the commoditisation of car insurance because of the thirst for our data, why insurance companies are slowly waking up to it’s pitfalls and 2 things you can do about it whilst they slumber.

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Car Insurance Crackdown

 

You may have noticed that there has been a significant increase in the number of arrests of people involved in staging fake car accident over the last 6 months.  Behind the scenes, this is because the government said it would crack down on whiplash claims. Most people thought this meant individuals making out they were hurt following minor shunts would find it more difficult to get compensation. In fact, the government have also put pressure on insurance companies to do something about the cartels who were taking money out of your pocket.

Organised criminals have had an easy ride with this money making venture over the past few years, because insurance companies turn a blind eye to these ficticious claims because they simply recovered most of their costs from the car insurance buying public.

 

Cheaper premiums come at a price

 

Insurance companies don’t make much profit selling car insurance, some make no profit at all. They do make money from different types of referral fees. Some referral fees are from solicitors who pay for leads for personal injury claims. Others are car hire companies who charge more to hire a car to someone who’s vehicle is damaged in an accident, than they would if you or I if were to hire.  The third, usually secret referral fees, are paid to those that sell or aggregate car insurance policy data. Yes your date of birth, address, your other personal, protected information.

I have used the aggregators myself, because it is a great way to find an appropriate provider. However, it never ceases to amaze me, the level of information people are prepared to disclose, to shave £10 off their annual car insurance premium. Very few people realise that the direct marketing they receive is highly targeted, and would probably reduce if they spent less time giving their personal information to the internet. All they need do is uncheck the boxes about marketing material. Insurers would then have to work harder at reducing fake claims to make money.

Round about gangs rounded up

 

It will take the authorities a while to round up the highly organised car crash syndicates that have been milking insurance companies for years. I mention roundabouts, because that is a favourite for these gangs. Insurance companies took their eye off the ball. When they analyse trends in their data, they realised that ridiculous amounts of accidents have happened at the same junctions. When they look into it deeper, with the help of the authorities and CCTV, they were astonished to find that there have been zero accidents at some of the said roundabouts or junctions.

Follow the money is the usual mantra, because individuals receiving the settlements are obviously tied into the scam in some shape or form. However, with organised crime being behind these scams those receiving the payments do not exist or are the victims of Identity Theft – their ID’s have also been fraudulently claiming benefit, living in a flat with heaven knows how many people, the story goes on.

When insurance companies are not losing money they may fail to analyse trends. This is not the first time that this scenario has played itself out. In the 1990s car thefts were a huge problem, leading to some “hot hatches” becoming virtually uninsurable, because they were so easy to break into. The car industry had no motivation to improve its security because they charged their clients to repair vehicles and install the new stereos. The insurance companies charged those suffering thefts increased premiums, and car insurance premiums across the UK rocketed.  It was only when the public made a racket that the government stepped in and ordered the car, and insurance, industries to do something about it. We now have largely plastic stereos embedded in cars with fantastic security features. The newest technology allows you to pay according to how safely you drive. Now that is progress.

Wrap Up: Some gangs are found with 1,000’s of fake ID’s and crossed referred them to create accidents and benefit claims. Insurers can pool their resources and cut this out and we can help ourselves by ticking the right boxes.

Top Tip: It will take some years for the dodgy claims to subside and premiums to reduce. Meanwhile the only sure way to reduce car insurance premiums is to increase the excess, here’s a link to a nifty tool that allows you to do just that. We cannot help with car insurance, because resolving claims is such a nightmare. So we decided to take advantage of this tool and provide you all with a solution. We do not ask for your inside leg measurement before offering you a quotation.

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Landlords lord it over leases

Posted by on 14 June, 2013 No comments as yet

Small print, in leases, that is rarely read, can lead to insurance problems, uninsured losses of occupants and confusion over who pays for what when thieves target leased or serviced offices.

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The price of fashion

 

Mark calls me and tells me that his office has been broken into overnight. Indeed, all six offices in his building have been turned over.  The office is in a fashionable part of London, and somehow they managed to bypass the security on the front door, unpick the locks on the first floor security door and then pull each of the glass doors to each office, off their hinges. Mark wasn’t initially concerned about the items stolen because it was only a redundant laptop, and a safe full of paperwork, rather than money.  He did feel sorry for the five other companies on his floor, because the laptops that were stolen from them were new, contained sensitive data, designs, plans, and other important information… not all of which had been backed up.

How the thieves got past both doors seemed a bit of a mystery, the CCTV was in operation and the footage would show who exactly the thieves were.  However, it transpired that the main door lock was not working properly, and the heavy security door on the first floor had not been locked by the last person to leave. No one wanted to admit it was them who had left last, and in such circumstances it’s never easy to determine who that might have been.  The CCTV could identify the culprit, albeit not the culprits that everyone initially thought the CCTV would be used to identify.

 

Landlord negligence is uninsured?

 

The broken door to the street had been reported to the landlord, so they had been negligent in not arranging for an immediate repair. This certainly would have prevented the problem,  but how did the thieves knew that this door was not working. It’s not sinister, they are purely opportunists. It’s daft that both security doors were left unlocked at the same time but it happens because we’re human and forget things. Sometimes these mysteries are never unravelled. Mark would have been gutted if it had affected his cover.

I had already visited Mark’s premises, to ensure that the security that he did have control over was accepted by his insurance company. When we first explored Mark’s prospective requirements, we had to negotiate with insurance companies because some of their humans had forgotten that a trendy office should have a glass sliding door. If you ever look at insurance company requirements you’ll find they’re quite ambiguous when an unusual feature is in existence. This often crops up with serviced offices, because landlords of these places do not spend a lot of money on the security because they assume nobody will get past the desk security.

They don’t realise that it’s not unusual for someone to “stowaway” in a premises and rifle through unattended offices overnight, before pushing an emergency exit door open and carting off their booty. Thieves love serviced offices because landlords are never going to warn proposed clients of this weakness when they are trying to sell them their office space.

 

Who is going to pay?

 

You would think that the landlord would accept responsibility, having not fixed the door. However, in my experience, they simply refer you to the clause in the lease, which confirms that they are not responsible for a loss of this type. The way leases are worded, it could be argued that they are not responsible for anything, but I am not a lawyer – I only wish I were that clever. The excess on office insurance is usually quite low – around the same amount as an hour of a solicitor’s time. It makes sense to pay a solicitor to review a lease or serviced office agreement. They will advise you on exactly what the landlord not taking responsibly for, giving you the opportunity to cover yourself for the balance

So, how do you enforce your rights against a negligent landlord? You could, in theory, stop paying your rent – to balance things out. However, you will find that an established legal process will kick in when you don’t pay your rent, because clauses in the lease normally dictate that there is no relation between the two issues. You might have to sue them, or at least threaten to. And if you are going to do that, you will need some sort of legal backing. This is widely available; indeed, a lot of people have this form of protection, yet because their cover has not been explained to them in detail they would not even know.

Wrap up: When you are in an office or any premises where you do not control the security, it makes sense to ensure that your premises are well protected. If undesirables do visit, and find that your security is stronger than everyone else’s they will, at least, leave you until last because they are usually in a hurry. It takes seconds to prize a door open and rifle through an office – thieves are usually after things they can sell for cash, don’t you just love the modern phenomenon of “pop-up” pawn shops. The fact these thieves took the safe indicates that they had a getaway vehicle, yet this is not always the case. The security to your premises is your responsibility. Don’t expect a landlord to be too concerned about it.

Top Tip: Mark discovered that the sensitive information in the safe meant that he did actually have to notify people if their privacy was likely to be breached. This is a requirement of the data protection commissioner, and applies to anyone who collects certain types of sensitive data. Fortunately, Mark and I had discussed this at the outset and the cost of doing this was not prohibitive.

 

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Warped Speed Decks Designer

Posted by on 31 May, 2013 No comments as yet

This article is about how fads can cause problems, how items go out of fashion quickly and what happens when someone supplies a product that doesn’t stand the test of time.

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Decking your Clients

 

I’m often introduced to garden designers by my architect, and design & build clients, who rely on designers when undertaking large projects. A number of years after being introduced to one designer I had the urgent call saying “that issue we discussed has just come up, literally”. Our previous discussions included the provision of products including wooden decking, which was all the rage a few years ago.

When I first start discussing risks with the client they indicated that they did not require any cover for products because they kept a full list of who they purchased from. I did explain that sometimes product suppliers went bust, leaving those that bought them holding the baby. It was in a stronger financial climate and the designer felt that the supplier was “too big to go down”. They also said that if something did go wrong, they would ensure that client targeted their legal action towards the people who made the product. I explained that this would be wonderful, typically, most people complain or take action against the person who issued the invoice when a project fails or didn’t meet their expectation when it was completed. It also happens sometime after work is completed because new Products take some time to get used to or bed in.

 

No surprise there then

 

It wasn’t a surprise when I received a call from the client to say that they would now like to investigate the cover I previously recommended. When I asked what had changed it was the supplier who had disappeared from the decking landscape and therefore unable to provide back-up if something went wrong.

I said I was happy to look into it, and asked relevant questions, because it’s important that I understand the current issues before making an accurate assessment of risks. It transpired that another designer had been supplying decking from the company concerned and it had deteriorated quicker than it should have. This made the client concerned because they thought it could happen to them. They could be accused of being erroneous in their selection of the product which seems harsh at first. What would you do if you had paid someone to design something that broke or failed within an unreasonable amount of time?

 

A stitch in time saves nine

 

The unfortunate designer had recommended this decking on a number of occasions when they were under pressure to reduce their costs in order to win projects. This short term gain usually leads to a long term pain. And people who get tough on price may well be the same kind of people who will complain when they don’t get their moneys worth.

The issue that concerns me is the number of business people, especially those who need products to complete their projects, who believe they can refer a disgruntled client to the product supplier when something goes wrong. It’s odd that they expect clients to leave them in peace when it was they who recommended the product in the first place. Yes, many designers have terms and conditions which say the product supplier is responsible for the quality of a product. However those Ts & Cs are somewhat meaningless when a client issues proceedings because “the product should never have been used”. There are many grey areas that contracts fail to address. They will still have to find a way to ensure their client turns their aim towards the actual miscreant, product supplier. Which takes time that should be spent doing business.

 

Wrap Up: Insurance helps reduce the financial impact when things go wrong. It does not prevent things going wrong. Businesses can get caught in the firing line even when it is 100% clear that they are not at fault.

 

Top Tip:Request copies of insurance of anyone you work with. If they go bust, their insurer can be persuaded to deal with certain claims.

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