Month: March 2020

Should You Cancel Workers Comp Insurance When You Lay Off Employees?

Posted on by Bob O'Brien

If a business downturn causes you to lay off employees, you might want to cancel your workers’ compensation insurance. Workers’ comp coverage is required when you hire someone. Without employees, it’s overhead you would like to cut.

But canceling your insurance isn’t always the best move. Here’s why.

Three Reasons Not to Cancel Workers’ Comp Too Quickly

  1. It’s hard to scale up again. Do you expect the downturn to be temporary? You will need to re-apply for workers’ comp when you hire employees again. This costs time, effort and money.
  2. You may lose valuable dividends. MEMIC, Maine’s largest workers’ comp insurer, has paid dividends several years in a row. If you cancel, your business has to wait 3 years to start earning dividends again.
  3. You may lose loss-free discounts. By canceling your policy, you lose the benefit of any loss-free discounts you’ve earned. When you re-start your policy, it takes time to accumulate those discounts again.

Cost-Cutting Alternatives to Canceling Your Workers’ Compensation Policy

  1. Reduce estimated payroll. Workers’ comp premiums are based upon payroll amounts. Layoffs mean lower payrolls, so it’s fine to reduce estimates. This may create a refund without actually canceling your policy.
  2. Change payment plans. Most workers’ comp insurers offer installment plans. Spreading payments may allow you to better match cash flow without losing benefits.

Updating your Maine workers’ comp policy may be smarter than canceling it altogether. Closing your business, or have no plans to hire for more than a year? Then it’s proper to cancel your workers’ comp insurance.

Maine Workers’ Compensation Insurance Questions?

For answers to your Maine workers’ compensation questions, contact a Noyes Hall & Allen Insurance agent in South Portland at 207-799-5541. We’re independent and committed to you.

Does Insurance Cover Loss of Business from Coronavirus?

Posted on by Bob O'Brien

UPDATED 4/2/2020

COVID-19 (Coronavirus Disease), has everyone’s attention. It’s changed behavior around the world, and now it’s here. Business owners feel it. Emergency declarations have forced many to close for the duration.

For those businesses remaining open, routines and procedures are completely disrupted. No more non-essential shopping, eating at restaurants or going to shows. No going out for drinks or coffee. Instead, people are stockpiling supplies, staying home, washing, disinfecting and keeping their distance.

COVID-19 is causing turmoil for businesses large and small. Inventory control and staffing are all messed up. Marketing and sales are on hold as clients and prospects are otherwise occupied.

What if Your Business Suffers due to Coronavirus?

Many businesses feel threatened.

  • What if fear causes my customers to stay home?
  • What if I can’t get inventory or supplies?
  • How can I keep my employees safe?
  • What if my employees get sick and can’t work?
  • What if I have to disinfect or close my workplace?
  • The government has restricted movement in my area.
  • What if economic fear or market changes cause me to lose sales?

Do My Policies Cover Business Interruption?

Unfortunately, business insurance is very unlikely to cover you against lost business due to Coronavirus. Even policies that provide “”business interruption” coverage exclude damage caused by communicable diseases. They also require physical damage to your premises by a covered peril, like fire or water.

If Not, Why Not?

You probably don’t care about the reason behind the exclusion, but there is one. Put simply, diseases are too uncertain for insurers to accurately price insurance to cover them.

Insurance companies have a lot of experience with fires, hurricanes, and other disasters. They know how to price insurance for that, and they know that these perils are local or regional in scope. They can collect enough premium from everyone to pay for the few who suffer a loss.

Viruses are extremely rare – or even unknown – until they’re widespread. And it’s hard to quantify a resulting drop in business. Profits and sales are subject to changing factors: weather, competition, consumer preferences. It’s very hard to put a dollar value on lost sales directly caused by a public health threat.

Should I File a Business Interruption Claim Anyway?

Although the chances of coverage are very small, each business situation is unique . Coronavirus is new for everyone. Insurers are trying to deal with it just like everyone else. Coverage interpretations and response may evolve.

No one wants to file a claim, only to have it denied. But, you may choose to anyway. Here are two reasons why it might be a good idea to file a claim with your insurer.

  1. By contract, insurance companies must investigate each claim to determine if coverage applies. If they find that coverage does not apply, they must show the wording in your insurance policy that precludes it.
  2. The government could create a relief program in the future that might apply to your loss of income. Government could also force insurers to create coverage, in spite of policy wording. Such government actions would probably require you to prove your loss. You might also have to show that your insurance policy provided no coverage for the incident.

Resources for Small Businesses Affected by COVID-19

Congress passed the CARES Act in March, 2020 to help people and businesses weather the economic effect of Coronavirus. This Small Business Owners Guide to the CARES Act provides a good recap of the bill. It tells you how to apply for benefits, which are widespread. We encourage our affected clients to apply early if they’re affected.

The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million. The goal is to help small businesses overcome a temporary loss of revenue.  These are loans, not grants. They must be repaid.

The Maine CDC Coronavirus information page is a good resource for Maine businesses and citizens. It contains factual and timely information about the disease and its effect on our state.

We’re Here to Help our Neighbors

We are a local business. We live and work in Greater Portland. While insurance may not be able to help our clients directly, we still want to be accessible. We want to help where and how we can.

While our office is closed to the public, we’re available by phone, email or our website. Our insurance company partners also continue serving customers while keeping their employees safe.

Stay Safe

Public health scares and economic uncertainty create anxiety. Most business owners feel responsible for the safety of their employees and customers, as well as their loved ones.

We hope that all or our clients, friends and business partners remain safe and calm during these trying times. We’re here to answer your insurance questions.

In this anxious season, check on family and friends. Be kind to each other. Together, we can make it through.

Independent Contractors and Maine Workers Compensation

Posted on by Bob O'Brien

Hiring an independent contractor a great way to expand your company’s products and services without adding overhead. The right sub can make you look good.

Subcontractor or Employee?

By Maine law, a worker is an employee unless they meet tests to be an independent contractor. That makes them subject to employment tax and workers compensation. If your Maine business hires independents, here’s what you need to do.

Get Documentation from Subcontractors

Workers compensation charges sub costs as payroll unless you have proof of subcontractor status. That can be a very expensive surprise. And the bill is due in lump sum.

Reduce Your Maine Workers Comp Costs

Certificates of insurance and WCB266s are “get out of jail free” cards. Use them to avoid a costly workers compensation insurance audit.

For more Maine Workers Compensation insurance tips, contact Noyes Hall & Allen in South Portland at 207-799-5541. We’re independent and committed to you!