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Run-off Insurance A Necessity in Today's Market

Today’s merger and acquisition (M&A) landscape is hyper active. In 2016 alone, there were more than 12,000 M&A deals in the U.S. These opportunities often create significant financial opportunity for the purchasing and selling entities. Alternatively, during the same period corporate bankruptcies totaled over 46,000, revealing that many companies are facing significant difficulties.

Both M&A events and bankruptcies typically lead to significant changes in a company’s corporate structure, which in turn impacts the exposures faced by its directors and officers (D&O), and their respective insurers. So, how does a D&O policy respond to changes in the structure of a business? When should management consider run-off insurance for ongoing protection?  

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OSHA Electronic Reporting Delay

The OSHA electronic reporting rule requires certain establishments to report information electronically from their OSHA Forms 300, 300A and 301. The rule also requires OSHA to create a website that can be used to submit the required information. Under the rule, the first reports were due by July 1, 2017. 

However, on a recent update to its recordkeeping webpage, OSHA indicated that the Injury Tracking Application (ITA) website will not be ready to receive electronic workplace injury and illness reports until Aug. 1, 2017, and has proposed Dec. 1, 2017, as the new deadline.  

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Lee and Moran Announce Opposition to BCRA; McConnell Changes Course

Last night (Monday, July 17) Senators Jerry Moran and Mike Lee simultaneously released statements that they would not vote to proceed to debate on the Better Care Reconciliation Act (BCRA). With Senators Rand Paul and Susan Collins already in the “no” column, this announcement made it clear to Majority Leader Mitch McConnell that he would not be able to proceed as planned. In a statement released last night he stated, “Regretfully, it is now apparent that the effort to repeal and immediately replace the failure of Obamacare will not be successful.” He then stated, “In the coming days, the Senate will vote to take up the House bill with the first amendment in order being what a majority of the Senate has already supported in 2015 and that was vetoed by then-President Obama: a repeal of Obamacare with a two-year delay to provide for a stable transition period.”

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Senate Releases Updated BCRA Draft

The Senate released an updated draft of the Better Care Reconciliation Act (BCRA) on Thursday, July 13, 2017. To view the full text of the bill, click here. To view the updated section by section summary, click here.

There were a few major changes to the original draft issued on June 22, including:  

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What Drives Personal Auto Insurance Rates?

If you drive a vehicle, you are required by law to have personal auto insurance. But why do we need it?

Consider hitting a car and injuring three passengers. If both your vehicle and the other vehicle are valued at $20,000 and considered total losses, and each passenger has medical claims of $20,000, this quickly adds up to $100,000! That’s an amount most individuals wouldn’t want to have to include in their annual budgets.

The function of insurance is to accept the risk from many people to pay for the losses of the few. Personal auto insurance protects drivers from having to personally pay for all the damages they are responsible for resulting from an auto accident. Even though you paid your insurance company much less in premiums, the insurance company pays these higher amounts on your behalf based on your policy coverage.  

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