No-one will sue me or blame me

Posted by 27 December, 2014 (0) Comment

Business is easier to do when people are getting on yet it pays to keep everyone happy when relationships start to falter. This article is about money, the fact that it talks when opinions differ and why it is a foreign language for some.

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I’ve had an idea…..but I can’t do it on my own

 

Inventors are not just stuck in sheds. Some of them are hugely creative and have big idea after big idea. I am contacted by inventors when they want to protect an idea they’ve created. Most of them are in “start-up” mode and it takes time for the income to pour in.

However, they still need services to help them lift off and it is not uncommon to reach bartering agreements or agree profit or equity shares with those that help them out. Wonderful isn’t it? In an ideal World, yes, in the real World it depends. Recently, I’ve been contacted by two different companies who both had similar issues with such agreements . They were both being taken to court when such “contracts” had gone sour, they were very loose unwritten agreements.

We can’t agree about everything

 

But it pays to sit down and agree the basics. The first indication that something was going wrong was the receipt of a legal document outlining a case of a service provided that hadn’t been paid for. In each case the inventor thought they had “come to an agreement” yet the complainant asserted that nothing had been written down and they expected a prompt realisation of profits, which is rare. Both inventors were upset as well as being annoyed. One was being asked for £40,000 in fees for work they had “ordered”. The other was being invoiced for £18,000 fees for time spent “assisting” the start-uo.

Even after the first legal notice was issued, the inventor contacted the person that was “owed” the £40,000 and came to another agreement. They were somewhat surprised to learn, soon after, that the complainant had obtained a judgement against them and bailiffs were chasing them for money they didn’t have. Sometimes, the courts do odd things. Launching an appeal has proved fruitless for at lease one company facing a wind up order. Their business was closed down by a judge before the appeal date arrived. It is beyond belief.

You owe me, I sue you

 

Eventually, the money was found yet it had been earmarked for marketing so the launch had to be delayed in one case. The debts were paid when they may not have been legally liable to pay them. They were forced to settle because they didn’t have the resources to defend themselves.

Defending yourself doesn’t have to be ridiculously costly but it does take up time. High quality legal resources have to be paid for. It’s not only about what you sign, it’s about what you agree.  Verbal agreements are often considered binding by one party and failure to defend a corner means louder voices are likely to be heard. The balance between defending and paying up doesn’t always leave defendants between a rock and a hard place. I have plenty of clients who have successfully defended  spurious allegations.

Wrap up; Contracts aren’t always big documents and verbal agreements are often taken seriously. It’s really difficult to juggle all the tasks when unexpected legal issues arise. Not to mention the upset if you don’t know where to turn.

Top tip; Do not ignore issues that are on the “too difficult list”. They have a habit of resurfacing  and investor shareholders hate that too. It is not fair but the deepest pockets usually win.

Categories : After The Event,Business Insurance,Company Insurance,Design Insurance,Domian name protection,Intellectual Property Insurance,Legal expenses insurance,Liability Insurance,Litigation expenses insurance,Patent Insurance,Trade Secret Protection,Trademark Insurance Tags : , , , , , , , , , , , , , , , ,

Efficient insurance isn’t always friendly

Posted by 23 June, 2014 (0) Comment

This article is about how improvements in technology should help providers improve the service to their clientèle. Read on to find out how IT has made life easier, where it has failed, and the backlash that is “in the post”.

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Treating customers fairly?

 

Recently I have been learning how to use a new IT system which will increase our efficiency and profit. The people showing us how to use the system are terribly nice and say some nice things, yet also some very surprising things. One that really did surprise me relates to the way the system allows us to meet all the compliance regulations that are bestowed upon us, by the FCA (Financial Conduct Authority) I was pleased to find that the system made our life easier when ticking the compliance boxes.

It was during a discussion about “treating customers fairly” (TCF) that I was so surprised. TCF involves doing what it says on the tin – making sure that the customer is at the centre of what you do. This ensures that they are well treated and their aims are met whilst your business meets its aims too. For me, this is the most valuable thing you can do in a business, because customers are always right and when they are wrong, its usually because they have not been well informed. This is a statement that most business owners don’t want to hear, yet when they are the customer they realise that it’s actually true.

What’s the surprise?

 

The comment that surprised me so much was after I complimented the trainers on showing us how to add efficiency into our compliant processes. Our training lady announced that no one usually cares about this, to which I exclaimed “pardon!” because I couldn’t believe that a sector so beaten and bowed by criticism still fails to take its customers’ rights seriously. I enquired what the lady meant by “no one usually cares” and she reiterated that all the other people she trains (all is probably an overstatement) find ways to avoid ticking the compliance box of TCF. I am not surprised that this happens, but I am surprised that it is an industry wide problem. However, it does explain one scenario that has puzzled me somewhat.

Why is it important?

 

When I first went “alone” I carried out research and found that a healthy percentage of people that had purchased insurance were not sure that it was right for them. This meant there were people who would find our service useful. This gave us immense confidence as we ploughed our furrow and provided a service that isn’t available to all. It still isn’t available to all, because we could not possible service the entire commercial insurance buying public, not by ourselves. But watch this space. We have no immediate plans to dominate the UK, yet what I have discovered over the last few years has shown us that the vast majority of people who buy insurance are not treated fairly. There is work for us to do in changing that. It is a challenge, but one I am ready for.

Wrap Up: Not all insurance policies are the same. Not insurance companies are the same. Not all businesses are the same. So ensure you get what you need, before you need it.

Top Tip: If ever you do have a problem with insurance ask your supplier how they are treating you fairly, whilst dealing with the problem.

 

Categories : Accountants Insurance,After The Event,All Risks Insurance,Building Contractor,Business Insurance,Company Insurance,Contractors Insurance,Customer Service,Design Insurance,Domian name protection,General Requirements,Health & Safety,Intellectual Property Insurance,Legal expenses insurance,Liability Insurance,Litigation expenses insurance,Patent Insurance,Personal Insurance,Solicitors indemnity,Solicitors insurance,Trade,Trade Secret Protection,Trademark Insurance,Uncategorized Tags : , , , , , , , , , ,

Double agent leaves tenant between a rock and a hard place

Posted by 9 February, 2014 (0) Comment
This article is about tenants, builders and surveyors. One of them behaved badly when an insurance claim occurred and it’s not who you think. Insurance fraud is a huge problem for all of us. This article gives you some clues as to how you can avoid getting caught up, and caught out, when someone thinks it’s OK to commit fraud.
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Leaks can be a real drag

 

A last minute call before Christmas comes from a client in a mini panic because the client facilities at their studio have got pools of water where it shouldn’t be. The area has to be sealed off because of the leak and the business might have to close, albeit temporarily, if gets any worse.

This is a straightforward issue for us, yet it could be the first time a client is going through this scenario and prompt assistance and advice is what they need. We provided the reassurance that we promised, confirming that the damage to their property was covered. However we instructed them to contact their landlords insurance people because the leak had not sprung from nowhere. It was likely that both insurers would need to be involved. This is quite common and, in this case, a managing agent handled insurance affairs for the landlord.

Property Manager or Mangler?

 

After a fashion, I received another call from the client explaining that the property managing agent did not want to offer much assistance. They simply said “the builder must be responsible”. I reminded the client that their landlord had cover for investigating leaks, which had become clear when we checked their insurance provision at the beginning. Armed with this information the client/tenant felt confident in contacting the managing agent and pressing their point home. Subsequently, a surveyor arrives and determines that a pipe has not been correctly sealed, causing water to leak and bubble up through the flooring. Luckily it was water rather than waste that leaked, so the damage wasn’t too messy.

In the ordinary course of things, this would have been simple from here on in. The landlord’s insurance pays for the tracing of the leak and the builder repairs the pipe they installed defectively and the client has insurance to repair the resultant damage to their flooring, etc. The managing agent had other ideas.

Why do people think it’s OK to to defraud insurers?

 

The managing agent contacted the tenant and asked them to pay for the surveyors invoice. When they refused, because it is not their responsibility, the property managing agent said “completely off the record, it will be much easier to do business with us if you tell your insurance company that this was an uninsured part of the landlord’s policy, or write a letter confirming that there were more damaged areas than was actually true”. They wanted to recover the cost of the surveyor without resorting to their own insurance. Or rather, the landlord’s insurance. This seems daft because it’s not their insurance to worry about. It’s the landlord’s! Doing their job properly means presenting insurance claims to insurers in order for them to be settled promptly, fairly, and keep the premises in good shape.

What we know is that this happens all too often. Regrettably, property managing agents have to have their fingers in the landlord’s insurance pie, and they do deals with insurance companies, not always with the landlord’s knowledge, that means that they get paid extra if they do not make too many claims. This is on top of the income they receive for managing the insurance, which is paid to them by the insurance company and allows them to charge the landlord less for the overall management of the property. To landlords this is either something they are unaware of, or dressed up as a good deal. However, they don’t seem to realise that it is going to cost them money in the long run if the property is not well looked after.

Surely the managing agent should be looking after the property rather than trying to earn money out of the insurance that they don’t even pay for. People find it hard to believe that this happens, yet property managing agents seem quite willing to hide the commissions they receive from their clientele and mess up claims situations when it suits them. At the end of the day they always blame the builder or the tenant. Who is the landlord going to believe?

Top Tip: Always check the insurance arrangements of a premises you are about to buy or lease, because you will find insurance history can paint a different picture to the particulars you were originally shown.

Wrap Up: There are some great property managing agents out there yet there are also plenty of rogues. Accountants have told me that they have recovered many hundreds of thousands of pounds from property managing agents who stitched up the owners of properties they looked after. It’s not just on insurance, they do the same on maintenance issues and when repairs are required. Take a closer look at the bills they are sending and see if you can spot any trend that doesn’t make sense.

Categories : Accountants Insurance,After The Event,All Risks Insurance,Building Contractor,Business Insurance,Company Insurance,Contractors Insurance,Customer Service,Design Insurance,Domian name protection,General Requirements,Health & Safety,Intellectual Property Insurance,Legal expenses insurance,Liability Insurance,Litigation expenses insurance,Patent Insurance,Personal Insurance,Solicitors indemnity,Solicitors insurance,Trade,Trade Secret Protection,Trademark Insurance,Uncategorized Tags : , , , , , , , , , , , , ,

Travel for business is rarely pleasurable

Posted by 20 December, 2013 (0) Comment

Recently a intern from the United States got appendicitis while he was seconded to us. This article highlights the inconvenience this causes to an individual, the business, and everyone.

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Knowledge is not power every time

 

Stephen had majored in bio mechanics. It didn’t stop him coming a cropper when his body decided to give out whilst in the UK. He had never had issues with his stomach before, and who knows what actually caused his appendix to grumble. No one was more shocked than he, when he was told he needed a surgical intervention. To say I was shocked was an understatement. The people who look after him called me to say that he had been hospitalised and that he wouldn’t be able to work for 48 hours.

Little did we know, this was just the start of his problems. The first thing to consider when an employee falls ill is their welfare. Fortunately, we have the NHS, and I knew Stephen would be well looked after. However, after he had been stabilised the boredom set in, and his real nightmare began.

Completing projects benefits everyone

 

Stephen wasn’t exactly overjoyed when his mother arrived. Who can blame her, she was really worried about her still teenage son. However, Stephen was more concerned about his father and brothers, who would, at first, starve for a few days. His other concern was that they would give him a lot of grief for removing their carer for a few days. When it became evident that doctors were too quick to discharge Stephen, he headed back to A&E with an issue that could not have been related to his missing appendix. The doctors were more concerned this time, as surely, they hadn’t removed his appendix for nothing.

It was at this time that Stephen became extremely apologetic and was more than a bit miffed. He had intended to show that he was not a one trick pony, by completing a project that we had agreed upon before he arrived in the UK. It was evident that he would be able to start the project, but certainly not complete it. So after the welfare of a sick employee is resolved, there is still the lost time and productivity to think about.

Why do clients trust us with their travelers?

 

Usually I’m dealing with clients whose staff have been taken out of action whilst they are abroad. The things that have happened recently include someone in the USA cutting their hand on a tin of beans (I kid you not!) and had been relieved of $4,000 by US hospitals. More pressing was the cost of the employee who had to be sent to replace them. The presentation they could not complete still had to be delivered on time. Don’t even get me started on the issues that clients had with a volcanic ash a few years ago. That was the week when everyone who thought that it would never happen to them, realised that it had. The one issue a client raised with me that I thought would never happen, is probably the most tragic I have ever been involved with.

Luckily, I did not have to deal with the issue on the day it arose. Before I ran my own business I worked for brokers who spent a lot of time working with charities. Imagine my horror to hear on the news one day that a young person had been attacked by a polar bear whilst on a field trip in an inhospitable region. Your thoughts turn to the family of the injured at times like that.

There was a fatality in this case, yet I was also certain that the emergency assistance that I had arranged for this particular charity had the resources, including helicopters, to make sure that everyone on the ground was helped as soon as possible, and that the students were spirited away from the area as soon as was practical. I also know that a counselling service was available for those traumatised by the issue. It’s not often someone in my industry can take pride when something goes wrong. You really, sincerely, hope it never does. Yet knowing what you have done professionally has helped people personally is what we strive for.

Wrap Up: Some of my clients go as far as covering the holiday travel arrangements of their staff, as they don’t want them to be left stranded in a foreign clime because their personal travel arrangements fell apart. If you run a tight ship then all of your staff are absolutely necessary, you don’t want to be without them for a few days just because a travel insurance company decides to wriggle out of their promise to get all travellers home when they need to be back.

Top Tip: Planning for the worst might seem pessimistic, but it pays to be prepared. Make sure you are covered for every eventuality – if you can imagine it it can happen.

Categories : Accountants Insurance,After The Event,All Risks Insurance,Building Contractor,Business Insurance,Company Insurance,Contractors Insurance,Customer Service,Design Insurance,Domian name protection,General Requirements,Health & Safety,Intellectual Property Insurance,Legal expenses insurance,Liability Insurance,Litigation expenses insurance,Patent Insurance,Personal Insurance,Solicitors indemnity,Solicitors insurance,Trade,Trade Secret Protection,Trademark Insurance,Uncategorized Tags : , , , , , , , , ,

Advisers “advice” drops client in it

Posted by 5 October, 2013 (0) Comment

This article about how insurances with the same “brand name” can look the same to the untrained eye, how pressure to provide quotations often stresses brokers, how lucrative industries carry the highest risks, and how you can reduce them.

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No two businesses are the same

 

Recently I was asked for “professional insurance” by two distinctly different businesses. One business advised multinationals on which businesses they should merge or acquire, and the other helped people in the UK to buy a business by finding them and introducing the investor to the current business owner. Both thought they were in mergers and acquisitions. This is seen as a very high risk industry by underwriters, and very few insurance providers will provide cover for such a high risk area.

The first business specialised in Anglo-Chinese business relations and was introduced to me by an accountant who understood exactly what I did. The introduction was made after the business had received a quotation that amounted to 18% of their annual turnover. You might think that is ridiculous, and it is, yet I have seen solicitors charged 38% of their turnover for insurance because of the ridiculous way solicitors are made to buy insurance.

Pressure cooker environment?

 

In each case, there was pressure to provide documentation to 3rd parties who wanted to work with these companies, yet insisted that they had appropriate insurance cover first. This is not at all unusual, in fact, about 50% of my clients have insurance requirements imposed on them by third parties. Yet they were all able to explain why they needed it and when the deadline was. So we make time to provide real advice.

Some of those I have been able to help were initially tempted to get the first insurance they could find that “ticked the box” of those demanding evidence that they were insured. Lot’s of people tell others “my insurance costs less than yours”. Giving in to the cost saving temptation means that businesses have ticked “a box” yet not actually protected their assets, income or reputation. Insurance that isn’t fit for purpose rarely pays out. Unless you are very lucky.

It actually takes as much as 30 days to arrange some insurances, because the insurance underwriters that understand emerging risks are in such short supply. After all, it is not car insurance, which has been commoditised and is available at the click of a finger 24/7, 365 – if you have a debit card.

Why are rates so high?

 

When talking to business owners looking for protection we first assess their requirements and then provide them with some ballpark estimates of the annual cost of protections. We do this because we are experienced enough to have a good idea of the rates achievable, and we know that some business owners haven’t budgeted for bespoke insurance. Some are shocked at the scale of the investment and we are often explaining that the situation is nothing to do with them. So who’s fault is it?

Some sectors have suffered from enormous losses because of the lack of care, skill, or diligence of the people operating in those sectors. Once insurance companies have “taken a hiding” from a particular sector, they might withdraw. You’ve probably read about how flood insurance is in such short supply. It actually isn’t, we have plenty of underwriters who will provide cover in reputed “flood zones”. Yet the media paint a different picture, and people believe what they hear often enough.

What the media don’t report is the high earning sectors that have suffered huge losses do not have many underwriters vying for their business, even if it is unique. This means that their rates will increase because there is demand, yet not much supply. Insurers need to come clean about the issues they resolve in a sector if they are to build trust and reduce risk.

Wrap up: Even if you are in a sector that has suffered losses there is plenty you can do to achieve the most competitive rates available. The first thing is to investigate losses that have happened in the sector in the past, and then work out exactly how to reduce them, using risk management. If you are unsure how to do this contact us and we will help where we can, or point you in the right direction.

Top Tip: When thinking of diving into a new sector, always speak to a set of good advisers first because solicitors, accountants, business advisers, perhaps even insurance brokers, may have experience in the sector or, at least, are able to point you in the direction of those that do. By asking the right questions you will find out more than your challengers know. The tax predicament, propensity to litigate and insurance rates will have a bearing on the profits you are able to make in any particular line of business.

Categories : Accountants Insurance,After The Event,All Risks Insurance,Building Contractor,Business Insurance,Company Insurance,Contractors Insurance,Customer Service,Design Insurance,Domian name protection,General Requirements,Health & Safety,Intellectual Property Insurance,Legal expenses insurance,Liability Insurance,Litigation expenses insurance,Patent Insurance,Personal Insurance,Solicitors indemnity,Solicitors insurance,Trade,Trade Secret Protection,Trademark Insurance,Uncategorized Tags : , , , , , , , ,

I know who did it

Posted by 24 August, 2013 (0) Comment

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?

Categories : Accountants Insurance,After The Event,All Risks Insurance,Building Contractor,Business Insurance,Company Insurance,Contractors Insurance,Customer Service,Design Insurance,Domian name protection,General Requirements,Health & Safety,Intellectual Property Insurance,Legal expenses insurance,Liability Insurance,Litigation expenses insurance,Patent Insurance,Personal Insurance,Solicitors indemnity,Solicitors insurance,Trade,Trade Secret Protection,Trademark Insurance,Uncategorized Tags : , , , , , , , , ,