Monday, December 2, 2013

Are You Managing Your Certificate of Insurance Process Carefully?


It is no secret that the larger companies with big budgets and teams of lawyers often lead the way over smaller companies when it comes to risk management and safety issues.  Still, smaller companies can learn by watching the behaviors of the large companies in their trade group. This blog is designed to share with you some of what the big boys already know when it comes to insurance certificates.

Most small contractor companies understand the need to obtain certificates of insurance to prove that their subcontractors are insured.  But what often gets lost is a clear understanding of just why you need that certificate and how your certificate processes might impact your company’s risk profile.

If I were to randomly survey the small contractors that call our office to request an insurance certificate on one of our clients, and ask them why they need this certificate, the lion’s share of them would say that they need it for their insurance company when their policies are audited.   And while I understand that this is the most pressing issue; you don’t want to have to pay for insurance on your subcontractors if you don’t have to; this mindset completely overlooks the risk management component of this process.  In fact, the real reason that you want a certificate of insurance is to make sure that you are not taking on the risks of an uninsured subcontractor on your job site.  Look at it this way; you’ve put a lot of thought, time and care into your insurance protection. Do you want to let an uninsured subcontractor put all of that in jeopardy? 

Focus now on the risk management side of this equation.  You are relying on this certificate of insurance to protect your company from dangerous or uninsured subcontractors.  With that in mind, take a look at this short list of issues to keep in mind regarding the insurance certificates that you request from your subs. 

Make your certificate request to the insurance agent, not the subcontractor.  Several years ago it was reported that people were offering blank and/or fraudulently completed certificates of insurance for sale on ebay.  If your uninsured subcontractor wants to find a way to fake a certificate of insurance, it is not going to be that difficult to do.   So, to help insulate your process from this risk, ask your subcontractor for the contact information for his or her insurance agent and then contact the insurance agent directly to request the certificate.

Carefully review the certificate information.  So many contractors simply file away certificates of insurance without even glancing at them.  This is a dangerous practice.  You should take a minute to check the names of the insurance companies listed as providing coverage.  Do they look legitimate?  Are they names that you recognize?  Now take a close look at the policy effective and expiration dates.  If a policy will be expiring soon, especially if the expiration date is before you expect that the subcontractor will be finished at your job site, then you will need to get another certificate, one that shows that the policies were renewed.  Last of all, check the limits of coverage shown for each policy.  You want to be sure that your sub has limits high enough to keep your insurance from having to respond to a large loss.

Remember, with an insurance certificate you are looking at a snapshot in time.  Keep in mind that any information shown on the insurance certificate is just a record of the coverage in place on the day that the certificate was created.  If your sub fails pay his next insurance bill then he could be working on your job site with cancelled coverage, exposing your company to a huge unknown risk of loss.  And don’t be fooled by the idea that you will receive a notice of cancellation if your sub gets behind on his insurance payments.  The ugly truth is that most insurance companies do not even want to see copies of certificates issued by their agents and they have no intention of letting you know if a policy is cancelled.  The truth is, they couldn’t notify you of a cancellation, even if they wanted to as they have no record of the certificate in their files.

The Additional Insured option provides better security for you.  The larger contractors have taken this route and small contractors who care about their risk management should consider it as well.   In addition to asking for a certificate of insurance from your subcontractors, you might also consider asking that your company be added as an additional insured on the subcontractor’s policies.  Some companies charge for this but generally the charge will be pretty low.  As an additional insured, you will now receive an endorsement to the policy from the insurance company, so you know that they know about you.  This also solves the snapshot problem as you hold a position on the sub’s policy that entitles you to receive cancellation notices or notices of nonrenewal should any of those be triggered.

Don’t fall into the trap of focusing only on the audit requirement of an insurance certificate while forgetting that you need protection from your subcontractors and their behavior on your job site.  Don’t let your certificate of insurance procedures become a simple rule following process, instead take action to be certain that your company is getting the protection that it needs from the risks of uninsured subcontractors. 

At Clinard Insurance Group, located in lovely Winston Salem, NC, we want all insurance buyers to be informed consumers.  We have different types of contractor insurance programs, from landscapers insurance, plumbers insurance, electricians insurance to painters insurance programs and many others.  We insure contractors in North Carolina, South Carolina, Georgia, Tennessee and Virginia.  Should you need any help with your commercial insurance policies, I hope that you will feel free to call us, toll free, at 877-687-7557.