Why You Need Commercial Umbrella Insurance

In our increasingly litigious society, business owners, especially those in the fitness industry, must be prepared for the possibility of lawsuits. You may have seen CrossFit, Inc. be involved in a number of lawsuits and think that something like this may not happen to you. Here is an example of Kansas City area CrossFit being sued and ultimately losing when a member hurt his back during a 1-rep max deadlift. The jury found the man 50% negligent, yet he was still awarded $400,000 in damages which were split between CrossFit, Inc. and the gym owner.

A lawsuit could result in large legal fees and settlements. In addition, negative publicity and lost time resulting from court-related activities can have a substantial impact on your business.

A commercial umbrella liability policy is designed to help protect you and your business from claims that can be catastrophic for your business. It can provide protection above the required liability limits of your commercial general liability, auto liability, and employer’s liability (workers compensation) policies.

How Commercial Umbrella Insurance Works

Umbrella coverage takes effect when the limits of your underlying policies have been exhausted, and may also cover what your current business policies exclude. Because it pays only after your underlying policy is exhausted, its usually very affordable. Typically, a commercial umbrella policy may offer extra protection for legal defense expenses, losses occurring outside the U.S., and personal injury or property damage claims. In addition to covering the named insured, it may also protect your coaches and others you agree to protect under a written contract, at least to the extent that losses occurred within the scope of business duties.

However, while umbrellas provide for losses and liabilities above and beyond the scope of other insurance, certain exclusions may still apply. In most cases, you will be expected to maintain your underlying insurance, without alterations in terms or conditions, during the term of the umbrella policy. You may also be required to carry certain amounts of insurance in these underlying policies in order to qualify for an umbrella. But, the cost for your umbrella coverage will likely be lower if your primary deductibles or policy limits are higher.

The Important of Regular Insurance Policy Reviews

Be sure to review your insurance policies regularly because the amount of umbrella coverage you need may change over time. For instance, changes in your underlying policies, such as new exclusions or limitations, may leave gaps in your umbrella coverage. Also, inflation and ever-increasing legal awards often necessitate an increase in coverage.I recommend using a fee-only advisor, such as Outside The Box Financial Planning, because fee-only advisors do not receive commissions or other compensation from insurance companies for selling their products. This way you get the most objective advice. 

Your primary insurance may not always provide all the protection you need, especially when an expensive court settlement is involved. Contact us at 312-554-5889 or ivan@otbfinancialplanning.com for more information on how you can help protect your business from lawsuits and other potentially catastrophic losses.