Month: August 2021

Insurance Broker or Agent – Which is Better?

Posted on by Bob O'Brien

Insurance broker or agent. Which is better? Is there even a difference between a commercial insurance broker and an independent business insurance agent?

Insurance broker or agent can help you get the best value for your insurance

Insurance Broker or Agent – the Legal Difference

Agent and broker are legal terms. They mean something different.

Independent insurance agents contract with insurance companies represent them to the public. Those contracts grant agents the authority to “bind” the insurance company to certain commitments. Agents offer efficiency, flexibility and local knowledge that big insurance companies don’t have. That benefits both the companies and the clients.

Insurance Brokers have no authority to bind insurance companies. The insurance company or its agent must approve a broker’s request to bind insurance coverage.

Duties Owed by Insurance Broker or Agent

A broker’s duty is to their client. They have to be honest with insurance companies, of course. But they have no contractual obligation to any insurance company. In theory, a broker could place their clients’ insurance with any insurer licensed to do business in their state.

An agent owes a duty both to the insurance companies and their client. Because they’re contracted directly with insurance companies, therefore they owe an extra duty to those companies in return for the authority that the companies give them.

An agent also owes duties to their client. In Maine, those duties include:

  • firstly, to act in good faith
  • secondly, to use reasonable care and diligence in serving best interest of the client
  • and finally, to carry out the client’s instructions

Sometimes an Agent is a Broker

Sometimes insurance agents use non-contracted insurance companies to get the best deal for their clients. They may even work with another agent who has a contract to represent a company that they themselves don’t. In those cases, they’re essentially acting as brokers. They have no authority to bind or commit the insurance company. And they owe no contractual duty to the insurer.

How An Insurance Broker or Agent is Paid

Both agents and brokers work on commission. Insurance companies pay a percent of the premium to the producing agent or broker. That commission may also be shared between an agent and a broker.

Some brokers also charge fees to their clients for certain services. For example, clients could hire a broker to help them improve their claim history. Some brokers also charge for transactions, for example issuing proof of insurance.

Advantages of Insurance Brokers vs. Agents

  • First, brokers represent their clients, not insurance companies. They have no contractual obligation to the insurance company.
  • Second, brokers may have access to more insurance companies than an agent. Agents often have contracts with 8-10 insurance companies. In theory, brokers can access any licensed insurer.
  • Third, brokers may provide additional services that agents cannot. For example, claims management, self-insurance or safety consulting.

Advantages of Independent Agents vs. Brokers

  • Speed and efficiency. Agents can bind coverage on behalf of insurers. That reduces the time to put coverage in force. They also know their insurance companies well. They know how to quickly get things done.
  • Insurance company influence. Insurers work closely with their agents. They trust them. They also rely on agents to bring good customers to them. Therefore, agents often have influence with insurers to advocate for their clients.
  • Local knowledge. Many agents are embedded in their communities. They know the geography, culture and customs of their area. They work with families and businesses of all sizes. Brokers tend to be larger and operate in a wider area.

A Maine Independent Agency

Do you live in Maine? Looking for a Portland area independent insurance agent? Contact a Noyes Hall & Allen agent in South Portland at 207-799-5541. We offer a choice of many of Maine’s top insurance companies. In other words, we can help you find the best fit and value for your insurance. Because we’re independent and committed to you.

Professional Liability Insurance vs. General Liability in Maine – What’s the Difference?

Posted on by Bob O'Brien

Professional liability insurance and general liability insurance are different. Maine businesses and non-profits may need both. What’s the difference between professional liability insurance and general liability insurance?

Professional liability insurance protects consultants, creatives and more.

What is General Liability Insurance?

GL insurance protects your business’ assets against four types of lawsuits:

  • firstly, Bodily Injury caused by your actions, or that happen on your premises. For example, slips and falls in a parking lot, or a contractor dropping a hammer from a scaffolding, injuring someone.
  • secondly, Property Damage  that you cause to the property of others. For example, your crew knocks over a valuable vase while cleaning someone’s home.
  • thirdly, Personal Injury, such as slander, libel or invasion of privacy. For instance, a realtor walks into an occupied apartment without warning.
  • and finally, Products and Completed Operations Liability – in case your product or work harms someone or their property. An example: a diner gets food poisoning after eating in your restaurant, or your roofing job fails, causing water damage at someone’s house.

Moreover, general liability insurance pays your legal defense costs against these types of suits – even if you did nothing wrong!

What is Professional Liability Insurance?

Professional liability insurance, sometimes called E&O insurance, protects against claims of:

  • Negligence – for example, a real estate agent fails to disclose a defect in a property, or a planning consultant who misses an important regulation, causing their client to incur large penalties.
  • Improper or Inadequate work – for instance, copyright infringement, improper design, or a clerical error that costs your client money.

Like general liability, professional liability insurance also pays legal defense costs.

Do I Need E&O Insurance?

Professional liability is a hazard in almost any profession. Some of the most common ones include:

  • Architects and engineers
  • Accountants, attorneys and bookkeepers
  • Beauticians, tattoo parlors and other personal service providers
  • Condominium and non-profit boards
  • Consultants and coaches
  • IT professionals
  • Marketers, creatives, drafters and designers
  • Medical and health care professionals
  • Real estate and property managers

Professional Liability Insurance Questions?

If you have Maine professional liability insurance questions, contact a Noyes Hall & Allen agent for prompt, professional answers. We offer a choice of many of Maines top business insurers. We also have access to dozens of specialty insurers. In other words, we can help you find the best fit and value for your insurance. Because we’re independent and committed to you.

Water and Sewer Backup Insurance – What is It, and Do I Need It?

Posted on by Bob O'Brien

Water and sewer backup insurance coverage isn’t included in off-the-shelf homeowners or business policies. But backup of water is a very common cause of property damage in Maine. Therefore, we’re lucky that optional coverage is available and easy to buy.

water and sewer backup insurance can help with cleanup and repair

What is Water and Sewer Backup?

Water and sewer backup insurance covers backup from a sewer, drain or sump. Remember, it’s not covered by standard home or business insurance. In Maine, water backup is commonly caused by high groundwater level or a plumbing blockage or malfunction. For instance:

  • A sump pump fails, causing water to flood a basement
  • A check valve malfunctions, causing a backup of sewer or water
  • A sewer drain clogs, backing up wastewater

What Does Water and Sewer Backup Insurance Cover?

Coverage can be thought of in steps:

  • firstly, removal of water or sewage
  • secondly, drying and disinfecting
  • then, cleanup of waste or debris
  • finally, repair or replacement of damaged property

What’s Excluded?

Leakage or seepage through a foundation or slab isn’t considered water backup. Moreover, it’s not covered by any insurance form.

Leaking from plumbing or heating systems is often covered by homeowners or business policies. So it’s not included in water backup coverage.

How Much Does Water and Sewer Backup Insurance Cost?

Water backup insurance usually has a separate coverage limit. The minimum amount is often $5,000. Most companies’ offerings max out at $25,000. Cost varies by insurer and coverage limit. Prices start around $50 per year, and can be as high as $250. Business insurance policies are different. So check with your agent about coverage for your business.

How do I Choose a Water and Sewer Backup Coverage Limit?

First evaluate your exposure. How much damage would inches of water cause? For instance, do you have finished space in the lower level of your home? Do you store anything damageable there? Moreover, cleaning, drying and disinfecting often costs $5,000 or more. And that’s before repairing or replacing any damage. The average water damage claim is more than $11,000.

I Don’t Have a Sump Pump. Do I Need Water and Sewer Backup Insurance?

You can still suffer water backup without a sump, because water can back up from any drain or sewer in the lowest level of your home. However, if you have none of these, you probably don’t need water backup coverage.

I Have City Sewer and Water. Do I need Water and Sewer Backup Coverage?

Backup can occur from public utilities, private wells or septic systems. Above all, it matters whether you have a sewer, drain or sump, not what kind of services you have.

Need Help? Ask an Agent

In conclusion, water and sewer backup coverage can be an important addition to your insurance.

Do you live in Maine? Have questions about water and sewer backup insurance? Contact a Noyes Hall & Allen agent in South Portland at 207-799-5541. We offer a choice of many of Maine’s top insurance companies. In other words, we can help you find the best fit and value for your insurance. Because we’re independent and committed to you.