Happy Holidays

No matter what holiday you celebrate -- and this time of year has a plethora of them -- the holidays mean family get-togethers, celebrations, good times catching up with good friends, and parties -- lots of them. And parties mean plenty of food, laughter, and beverages of all kinds. 

During the holidays it's time to be especially careful when entertaining, and especially careful in New England where we have more seasonal hazards like ice, snow, sleet, cold.  And while 'tis the season to be jolly, when it comes to alcoholic beverages, they need to be handled and served with care.

So allow me to get right to the point right out of the gate. YOU CAN BE SUED as a homeowner, business owner, or tenant. Anyone who provides alcoholic beverages has enormous responsibility and risk.

Yes, even as a homeowner entertaining a few friends or relatives can unwittingly create danger. Friend and family over-indulging in alcoholic beverages can lead to serious consequences. Even as a social host you have responsibilities to your guests and to the general public.

Below you will find a few tips that may help. In fact, just being aware of these is a good starting point.

Have fun, be safe…

As a party host, you probably don't want to think about your potential liquor liability. But it's something you'll want to consider as your party planning gets under way this holiday season.

That’s because most states hold party hosts who offer excessive alcohol to their guests responsible for those guests' actions behind the wheel (or for serving alcohol to minors). In those states, anyone injured by a drunk driver has the right to sue the host of the party who served the alcohol. Sometimes, criminal charges may even apply.

A 2017 jury verdict shows just what can happen -- $3.5 million jury verdict last year against a family serving alcohol to teenagers (this could have been adults as well). A young female guest left with a male guest who was obviously drunk. The boy caused a terrible accident that left the girl with brain damage.

Here is how you can help and prevent a tragedy:

·      Limit guests to people you actually know -- and seriously consider cutting from your list anyone who habitually overindulges.

·      Encourage your guests to choose a designated driver before they arrive.

·      Serve plenty of nonalcoholic drinks and food to help counter the effects of the alcohol.

·      Have activities like dancing or games going on that don't involve alcohol.

·      Stop serving alcohol well before the party ends.

·     Offer to call a cab or be the designated driver for anyone who appears intoxicated.

Have a happy and safe holiday season. And remember: "The best insurance is prevention."

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Bad Santa: Protect Your Clients Against Theft This Holiday Season

Article by Will Jones in IA Magazine

2014 marked nearly 15,000 home thefts during November, December and January, according to Nationwide claims data.

The holiday season might be a time of goodwill, a time to celebrate and a time to put your feet up, but this time of year also presents increased risks for homeowners.

"The holidays are a festive time, but there are lots of moving parts and it's hectic -- people get lost in it," says Lisa Lindsay, executive director, Private Risk Management Association. "Absent a plan, they’re likely to not pay attention to things that are important."

Don't let the Grinch steal Christmas. Help your clients avoid expensive losses by sharing these four tips:

Prepare for porch pirates. In 2016, nearly 26 million Americans had a holiday package stolen from their front porch or doorstep, up from 23.5 million porch thefts reported in 2015, according to a study released by InsuranceQuotes.

As online shopping becomes more popular, increasing the number of deliveries to homes, clients should be prepared for these types of  porch pirates.

While technology like smart motion detectors and cameras can alert you when someone's on your porch, Lindsay says there are also "some simple things that don’t require an investment in technology."

Tips include making sure you're home when you’re expecting a delivery, sending deliveries to your office, asking a neighbor to take in a package or utilizing a pickup service such as Amazon Locker, which "allows you to pick up a package at your convenience," Lindsay says.

Protect information online. In 2017, fraud attempts between Thanksgiving Day and New Year's Eve increased by 22%, while the number of online transactions increased by 19%, according to ACI Worldwide, an electronic payments solutions company.

When shopping online, "make sure you’re on a secure site" -- one marked with "https," Lindsay says. A secure site is marked by a small padlock item in the corner of the URL and, compared to websites that begin their URL with just "http," that extra "s" literally stands for "secure."

Second, "use credit over debit," Lindsay says. "With a credit card, you have some recourse if somebody steals your information. As we all know, a debit card comes right out of your bank account." Of course, looking out for any unusual activity on bank statements or credit reports is another important preventative measure to guard against online fraud.

And never do something like this: You're at the mall and you can’t find the gift you’re looking for, so you decide to sit down, log in to the public Wi-Fi and start searching for it.

“It’s through the use of public Wi-Fi that your personal information is transmitted, and there are people out there that are seeking to capture it," Lindsay says. "I would really encourage people to use a secure network or wait until they get home to make that purchase."

Leave the lights on. Your clients might be headed out of town this holiday season, but remember: Crime doesn't take a vacation.

That's why it's important to "make sure it appears like you're home," says Lindsay, who recommends putting a stop on newspapers and mail, as well as leaving lights on. After securing the premises and making sure alarm systems are in working order, "we also recommend that people have someone check on their home while they're away," she adds.

Additionally, "think about having a social media plan," Lindsay says. "People get lost in the moment of wanting to share where they're going and for how long -- but that's an advertisement of where you’re not."

Display the tree, not the presents. The average burglar spends eight to twelve minutes in a home, according to the FBI -- and that means clients who intend to stay close to home this holiday season aren't immune to thieves either.

Homeowners should always lock doors and windows before leaving the house, and those who hide a key nearby should consider changing the location or removing it altogether during the holidays. Another key tip: Wait until the last moment to lay out gifts to avoid them being spotted from outside.

Lastly, "During the holidays, there's usually a lot of people coming in and out of the home, especially if somebody's hosting a holiday party," Lindsay says. "If you plan on entertaining or having people in your home, just be mindful of putting your personal items such as checkbooks, wallets and credit cards away."

(Source: https://www.iamagazine.com/strategies/read/2018/12/12/bad-santa-protect-your-clients-against-theft-this-holiday-season)

Will Your Christmas Party Be Holiday Cheer or a Potential Lawsuit?

Most states have laws, which govern the operation of bars, taverns, restaurants or any other businesses who are required to have a liquor license in order to sell and serve liquor. State laws further define the responsibilities of these business owners for the actions of their customers who leave their place of business after having too much to drink. These businesses are encouraged to purchase a Liquor Liability Insurance Policy to provide protection for potential lawsuits due to property damage or bodily injury caused by an intoxicated customer. 

Many states extend liquor liability to any "social host" who continues to serve liquor to anyone who appears to have had too much to drink and will likely be driving home. So if you plan to have a company Christmas party where liquor or alcohol will be served, there are some precautions you may want to take:

• Contact your State Department of Insurance to see if current state law will hold you and your company liable for the actions of your party guests.
• Contact your business insurance agent to see if a Special Event Liquor Liability Policy is available in your state.

TIPs

• If possible, have the party at a location other than on company property.
• Don't make attendance mandatory or require employees to work if they don't attend; this makes it definitely a company event.
• It is best to hire an outside bartender, since an "open bar" allows members of management and employees to serve alcoholic drinks to other employees. The bartender should have enough training to recognize when someone has had too much to drink.
• Don't serve drinks at the table. Require everyone to come to the bar so the bartender can see them.
• Serve lots of food and non-alcoholic drinks.
• Have someone keep an eye on your guests, to recognize when someone has had too much alcohol.
• Keep an eye on everyone as they leave the party to determine whether or not they are sober enough to drive.
• Make arrangements for transportation for those who shouldn't get behind the wheel of a vehicle.

You may even want to consider an "alcohol free" Christmas party. You will just have to weigh the advantage of alcohol over the potential for workers comp claims or lawsuits due to sexual harassment, property damage or bodily injury which might result from the actions of an intoxicated party guest or employee.