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At Swarts Manning, we understand that every business is unique, whether you’re a family-managed local company or a publicly-traded national enterprise. Each comes with its own set of risks and challenges. That’s why having a trusted insurance partner is essential. Our team specializes in identifying and addressing the specific hazards your business faces, ensuring you’re covered where it matters most. Partner with us for tailored solutions that safeguard your business with confidence.

COVERAGE EXPERTISE IN

The only way to effectively protect the assets of your business is to carry adequate commercial general liability (CGL) insurance coverage. CGL protects your business from damages caused by bodily injury or property damage for which your business is found to be legally liable.

General Liability Coverages

  • Personal and advertising injury: Protects against offenses made by you or your staff during the course of business, such as libel, slander, disparagement or copyright infringement in advertisements.
  • Defense costs: Provides coverage for legal expenses for liability claims brought against your business, regardless of who is at fault.
  • Medical expenses: Provides coverage for medical expenses if someone is injured on your premises or by your products.
  • Premises and operations liability: Provides coverage for bodily injury and property damage sustained by others on your premises or in conjunction with your business operations.
  • Products liability: Provides coverage for bodily injury and property damage sustained by others as a result of your products.

Additional ways to protect your business

  • Establish a high standard for product quality control at your organization.
  • Keep all company records up to date and accurate.
  • Train your employees thoroughly and properly.
  • Talk to one of Swarts Manning’s professionals about safety and compliance information

Professional liability insurance covers liability for damages arising from the rendering of or failure to render professional services. Protect yourself and your business from claims not covered by commercial general liability coverage.

Professionals who commonly turn to this type of liability insurance for coverage include architects, home inspectors, lawyers, physicians, real estate brokers and accountants—among others. Specific professional liability insurance carries different names depending on the profession. For example, professional liability insurance in the medical profession may be called medical malpractice insurance, while real estate brokers fall under errors and omissions insurance coverage.

Professional Liability Coverages

The need for professional liability coverage developed due to typical general liability insurance policies only responding to bodily injury, property damage, personal injury or an advertising injury claim. Because professionals such as architects, lawyers, physicians, real estate brokers, technology consultants and others can cause claims without bodily injury, property damage, personal injury or an advertising injury claim, additional coverage is needed to fill this gap.

Common claims made on these policies include negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advice. For example, if a web design platform fails to perform properly, it would not cause bodily injury, property damage or advertising injuries. Because of this, the general liability policy would not be triggered. But because the web design platform not performing correctly could directly cause financial losses, and may be attributed to a misrepresentation of the platform’s capabilities, the professional liability coverage would be triggered.

Additional ways to protect your business

  • Establish a high standard for product and service quality control at your organization

  • Keep all company records up-to-date and accurate

  • Train employees thoroughly and properly

  • Talk to one of Swarts Manning’s professionals about safety and compliance information

Your property can be a vital asset to the flow and functionality of your business. Without property coverage, a loss could cause significant damage to the longevity of your business. This coverage comes in many forms to suit your specific needs. Before purchasing coverage, take a complete inventory of all your business property to determine how much you need to insure. This important step ensures you will have adequate coverage to continue your business in the event of a covered loss.

Property Coverage

Basic property insurance covers losses due to fire or lightning, including the cost of removing property as a way to protect it from further damage. Should you want to purchase more than basic coverage, you can buy a standard policy that provides coverage for extended perils, such as floods, windstorms, hail, earthquakes, acts of terrorism, explosion, riots, smoke, civil commotions and vehicles that damage your property. Beyond that, coverage for vandalism and malicious mischief can also be included.

One of the most important aspects of purchasing property insurance is making sure that you have purchased enough coverage to be adequately protected. A typical policy will provide the replacement cost value for your building and the actual cash value for your business property. Replacement cost value is the amount that is necessary to replace or rebuild your building or repair damages with similar materials, without considering depreciation. Actual cash value, on the other hand, is the value of your property when it is damaged or destroyed. This amount is typically determined by subtracting the depreciation from the replacement cost value.

Most property insurance policies include a coinsurance clause, which requires you, the policyholder, to share the cost of covered services up to a moderate percentage of the actual cash value of the property. This will allow you to receive full coverage for your losses. Should you decide to purchase inadequate coverage for your property, you may be obligated to pay a percentage of all losses, even if they are listed in the policy.

Swarts Manning understands that determining your business’s value is critical, so we’re here to help. Contact us today at (833) 878-2820 to learn more about our property insurance and loss control solutions to protect your business.

Workers’ compensation coverage pays benefits to workers injured on the job, including medical care, part of lost wages and permanent disability. It also provides death benefits to dependents of employees killed from a work-related accident.

Workers’ compensation systems are different in every state, as individual statutes and court decisions have shaped the way they handle claims, evaluate impairments, settle disputes, provide benefits and control costs. Talk to one of our professionals for more details in your state.

Workers' Compensation Background

During the 19th century, the number of individuals joining the workforce grew exponentially. As a result, the number of workplace accidents grew as well. At that time, the only way that injured workers could obtain compensation for their injuries was to sue the employer. Many legislative proposals emerged early in the 20th century, focusing on compensating injured workers for their medical care and lost wages.

By 1949, all states had a system in place to provide compensation for injured employees. Under these systems, the employer was responsible for providing compensation for the cost of medical care and wages lost, and consequently, the employee gave up his or her right to sue the employer for injuries. Currently, Texas is the only state where workers’ compensation is not mandated for all employers.

As part of the insurance package, the injured worker’s medical, rehabilitation and lost wages are paid for by the state or insurance carrier. If the injury leaves the employee disabled, the insurance carrier will pay the claim based on the extent of the injuries and based on its permanence. The disability will fall into one the following categories: temporary total, temporary partial, permanent partial or permanent total disability.

Workers’ compensation rates and programs are managed by private insurers, state funds or the National Council on Compensation Insurance (NCCI). Swarts Manning can provide more information about how your state handles these programs.

The Employer's Responsibilities

Employers are required to do the following to comply with workers’ compensation insurance laws:

  • Provide coverage for their employees and are held liable for all injuries suffered by employees while they are on the job (with the exception of employers residing in the state of Texas)
  • Pay premiums and provide the carrier with audit payroll numbers
  • Provide a safe environment
  • Notify the carrier as soon as possible after an injury
  • Investigate injuries

Managing Your Workers’ Compensation Costs

Your workers’ compensation insurance premium is based on a rating your company has, known as an experience modification factor (mod), which is based on payroll, averages for your industry and claims experienced over a three-year period. Claims have a direct impact on this mod, which can significantly drive up premiums. This means many times a company will pay for its own claims in increased premium costs. There are many things that companies can do to lower their workers’ compensation costs, such as the following:

  • Inspecting your insurance policy to make sure that all job classifications and payrolls are correct.
  • Making an investment in workplace safety to avoid accidents to improve claim histories and reduce overall costs. If you modify operating procedures even slightly, you can alleviate unnecessary exposure to injuries.
  • Considering using a managed care organization that has a relationship with your insurance company. This will help you save on medical treatment costs.
  • Creating a modified duty program at your organization to help injured employees return to work sooner. Under these programs, employees are assigned duties that they can physically complete while they recover. The most successful return to work programs incorporate speedy, quality medical care and assistance to reduce emotional stress after an accident.

There are other actions that your organization can take to reduce workers’ compensation costs, and we have the tools to show you how. Contact Swarts Manning today to learn more.

Whether you are driving to a job site or hauling freight across the country, commercial auto coverage is important to have in your risk management program.

General Liability Coverages

  • Commercial trucking: We offer various commercial trucking coverages for those in the commercial transportation industry. Talk to an agent to learn more.
  • Business vehicle: Business vehicle coverage is for vehicles owned by the business, with coverages similar to personal auto coverage.
  • Garagekeepers: Garage Keeper’s Liability coverage provides protection for vehicle in your care that are damaged by collision, vandalism, theft, or fire.
  • Hired and non-owned: Hired and non-owned coverage provides protection for your business when employees use personal vehicles for business purposes.

Additional ways to protect your business

  • Establish zero tolerance cell phone use policy
  • Install alarms and dash cams in vehicles
  • Keep vehicles regularly maintained
  • Talk to one of Swarts Manning’s professionals about safety and compliance information

Builder’s Risk Insurance (also known as Course of Construction Insurance) covers property damages that occur during the construction phase of a property. Protect your property from claims not covered by property insurance commercial general liability coverage.

Property insurance policies exclude coverage during the course of construction. This is because property is much more likely to have damages during construction than once it is full built and in use.

Builder's Risk Coverages

Coverage for Builder’s Risk Insurance typically covers property under construction, materials, supplies, and equipment for the following claims:

  • Fire
  • Floods
  • Lightning
  • Vandalism
  • Theft
  • Explosions
  • Hail

Exclusions are commonly in place for claims due to employee theft, poor design or workmanship, mechanical breakdowns, acts of war/terrorism, and rust/corrosion.

Additional ways to protect your business

  • Secure your property with a fence, video surveillance, and security guard service
  • Develop a hot work policy for all contractors based off NFPA 241
  • Use temporary fire suppression systems until permanent systems are in place
  • Talk to one of Swarts Manning’s professionals about safety and compliance information

Suretyship is a very specialized line of insurance that is created whenever one party guarantees performance of an obligation by another party. By obtaining a surety bond, you can transfer the risks associated with completion dates and quality concerns to a surety company.

Contract (Corporate) Surety Bonds

Commercial surety bonds guarantee performance by the principal of the obligation or undertaking described in the bond. Commercial surety bonds include the following:

  • Bid bonds provide financial assurance that the bid has been submitted in good faith and that the contractor intends to enter into the contract at the price bid and provide the required performance and payment bonds.
  • Performance bonds protect the owner from financial loss should the contractor fail to perform the contract in accordance with its terms and conditions.
  • Payment bonds guarantee that the contractor will pay certain subcontractors, laborers and material suppliers associated with the project.
  • Maintenance bonds guarantee against defective workmanship or materials for a specified period.
  • Subdivision bonds make guarantees to cities, counties or states that the principal will finance and construct certain improvements such as streets, sidewalks, curbs, gutters, sewers and drainage systems.

Commercial Surety Bonds

Contract (or corporate) surety bonds provide financial security and construction assurance for building and construction projects by assuring the project owner (obligee) that the contractor (principal) will perform the work and compensate certain subcontractors, laborers and material suppliers, as outlined via their contract. Contract surety bonds include the following:

  • License and permit bonds are required by state law or local regulations in order to obtain a license or permit to engage in a particular business (e.g., contractors, motor vehicle dealers, securities dealers, employment agencies, health spas, grain warehouses, liquor and sales tax).
  • Judicial and probate bonds, also referred to as fiduciary bonds, secure the performance on a fiduciaries’ duties and compliance with court orders (e.g., administrators, executors, guardians, trustees of a will, liquidators, receivers and masters). Judicial proceedings court bonds include injunction, appeal, indemnity to sheriff, mechanic’s lien, attachment, replevin and admiralty.
  • Public official bonds guarantee the performance of duty by a public official, (e.g., treasurers, tax collectors, sheriffs, judges, court clerks and notaries).
  • Federal (non-contract) bonds are required by the federal government (e.g., Medicare and Medicaid providers, customs, immigrants, excise, and alcoholic beverage).
  • Miscellaneous bonds include lost securities, lease, guarantee payment of utility bills, guarantee employer contributions for union fringe benefits and workers’ compensation for self-insurers.

Contact our expert team at (833) 878-2820 today to obtain a surety bond and protect your business.

Cyber liability insurance is specifically designed to address the risks that come with using modern technology; risks like data breach, system failure, and cyber extortion. Other types of business liability coverage simply won’t cover these risks.

The level of coverage your business needs is based on your individual operations and can vary depending on your range of exposure. It is important to work with a broker that can identify your areas of risk so a policy can be tailored to fit your unique situation.

Cyber Exposures

  • Data breaches: Increased government regulations have placed more responsibility on companies to protect clients’ personal information. In the event of a breach, notification of the affected partieantispywarequired by law. This will add to costs that will also include security fixes, identity theft protection for the affected and protection from possible legal action. While companies operating online are at a heightened risk, even companies that don’t transmit personal data over the internet, but still store it in electronic form, could be susceptible to breaches through data lost to unauthorized employee access or hardware theft.
  • Intellectual property rights: Your company’s online presence, whether it be through a corporate website, blogs or social media, opens you up to some of the same exposures faced by publishers. This can include libel, copyright or trademark infringement and defamation, among other things.
  • Damages to a third-party system: If an email sent from your server has a virus that crashes the system of a customer, or the software your company distributes fails, resulting in a loss for a third party, you could be held liable for the damages.
  • System failure: A natural disaster, malicious activity or fire could all cause physical damages that could result in data or code loss. While the physical damages to your system hardware would be covered under your existing business liability policy, data or code loss due to the incident would not be.
  • Cyber extortion: Hackers can hijack websites, networks and stored data, denying access to you or your customers. They often demand money to restore your systems to working order. This can cause a temporary loss of revenue plus generate costs associated with paying the hacker’s demands or rebuilding if damage is done.
  • Business interruption: If your primary business operations require the use of computer systems, a disaster that cripples your ability to transmit data could cause you, or a third party that depends on your services, to lose potential revenue. From a server failure to a data breach, such an incident can affect your day-to-day operations. Time and resources that normally would have gone elsewhere will need to be directed towards the problem, which could result in further losses. This is especially important as denial of service attacks by hackers have been on the rise. Such attacks block access to certain websites by either rerouting traffic to a different site or overloading an organizations server.

Additional ways to protect your business

  • Consult an IT professional for a review of your system securities
  • Train employees to recognize phishing threats
  • Keep backups of important data
  • Regularly change passwords
  • Keep computers updated with antivirus and antispyware software

Directors & Officers (D&O) Liability Insurance protects a businesses directors and officers in the event that they are personally sued for any actions in managing your business. Protect your directors and officers with Directors and Officers liability insurance.

Directors and officers of companies frequently require both D&O insurance and proper indemnification. We help public, private, and not for profit companies manage their directors and officers risk through D&O insurance and risk management consulting.

Directors & Officers Insurance Coverages

Coverage for D&O Liability Insurance typically covers “wrongful acts” committed by your directors and officers.

Exclusions are commonly in place intentional acts or statements made by your directors and officers. Exclusions also commonly apply to wrongful acts arising from professional services. Coverage can typically be found for this liability through Errors and Omissions Insurance.

Additional ways to protect your business

  • Provide proper indemnification for both directors and officers

  • Talk to one of Swarts Manning’s many risk management professionals

The most important asset for most businesses is its employees. However, managing a diverse and talented workforce is a challenge regardless of how well you hire, train, and treat your employees. No employee or employer is infallible; thus, mistakes will be made, conflict is inevitable.

This inevitable conflict represents one of the biggest threats’ employers face, Employment Related Lawsuits. These lawsuits can stem from many different alleged wrongful acts including Wrongful Termination, Workplace and Sexual Harassment, Discrimination, Wage and Hour Disputes, Hiring and Harboring Illegal Aliens, and Breach of Employment Contract.

What makes this risk so dangerous for employers is that the wrongful act does not have to be credible, only alleged, for an incident to become extremely costly. The cost to defend an Employment Related Lawsuit can be tens and even in the hundreds of thousands of dollars, regardless of the validity of the claim. Duty to Defend is a key coverage component in a sound Employment Practices Liability policy.

Judgements and settlements for suits that do have merit can cost even more, robbing the company of its critical operating capital. A recent actuarial study found that the average judgement cost of an adjudicated case to be $200,000, not including defense costs. Small to medium sized business have a 1 in 5 chance of facing employment related charges, with the likelihood being much greater for large businesses, according to the study.

Another benefit to most sound Employment Related Practices Liability policies is the HR consulting feature. This value-added component provides advice from HR professionals, often legal firms, on tough employment issues the insured business is facing. The underwriting process for this coverage also can provide much value because it often takes the employer though a checklist of HR risk management items which often illuminates areas of exposure.

Call Swarts Manning today at (833) 878-2820 or request a quote below if you would like more information on Employment Related Practices Insurance.

Arguably the most important aspect of a medical practice is the malpractice insurance that protects it. Malpractice suits have become increasingly common and there are rarely any consequences for those who bring them frivolously. Whether you are an independent physician, medical group, or med spa, you can ill afford to carry insufficient malpractice coverage.

Malpractice insurance has many variables. All of which should be considered and understood prior to purchasing your policy. Deductibles, limits of liability, indemnity vs. expense, admitted vs. non-admitted, and consent to settle clauses are just a few of the many important factors that will determine coverage and price.

Individual Physicians

As an independent physician, you are responsible for carrying your own malpractice insurance policy. When considering which policy is best for you, it can seem overwhelming when presented with the seemingly endless options. The first thing to determine when shopping for malpractice insurance is whether you qualify for an “Admitted” carrier’s product. Admitted carriers are those that are approved by your state’s insurance department. This has many advantages including financial security provided by the state, lack of taxes & fees charged at purchase, no deductible, and generally a free retirement tail program.

If your scope of practice, loss history, or prior medical board actions are preventing you from purchasing an admitted policy, the non-admitted market has many reputable and financially sound carriers that will offer coverage. If purchasing a policy from a non-admitted carrier, it is imperative to obtain a financial grade from “AM Best”. This will inform you of the financial strength of the carrier as well as the long-term outlook. As you will not be supported by the state’s indemnity fund in the event your carrier becomes insolvent, confirming your carrier’s financial stability is vital. Equally vital is the knowledge of non-standard market policies possessed by your agent.

Medical Groups

Medical groups are often comprised of multiple physicians, ancillary health professionals, and administrative staff. In this environment, it is imperative that the limits of liability are adequate to cover all potential claims. An important fact to consider is that attorneys will often advise the claimant to name not only the physician(s), but also the group entity as well. This poses significant financial risk if not properly insured.

Medical groups may also be exposed to an errors & omissions claim as well. If the claim is determined to be logistical or diagnostic in nature, the malpractice insurance policy may not respond. An in-depth understanding of the practice locations, staff, and physicians is crucial when insuring medical groups. From general liability, property, malpractice, workers compensation, and errors & omissions insurance, medical groups face multiple exposures and must be properly insured.

Key Variables

To ensure that a malpractice claim does not cause serious financial harm to you or your practice, the following variables should be considered:

  • Is my policy Claims-Made or Occurrence?
  • Are my defense costs within the limits of liability?
  • What are my limits of liability?
  • What is my retroactive date?
  • Is my demand trigger written or incident sensitive?
  • Do I have a consent to settle clause?
  • Does my deductible apply to indemnity AND expense?
  • Is my carrier Admitted?
  • Do I have a plan for Tail Coverage?

If any of these questions are unfamiliar to you, contact the malpractice team at Swarts Manning today by calling (833) 878-2820 or requesting a quote below. You’ve invested countless hours and financial resources into your medical career; protect that investment by securing the proper malpractice insurance suited to your needs.

Small business owners have a lot to consider when choosing insurance that fully protects their business. One coverage option, a business owners policy (BOP), can take the guesswork out of the process. A BOP is designed for small businesses and bundles several types of coverage in one package, similar to the way a homeowners policy works.

Premiums for BOP policies are based on eligibility factors, as well as financial stability, building construction, security features and fire hazards.

Typical BOP Coverages

  • Commercial property insurance: Covers losses to property from common perils. It also covers office equipment, furniture, inventory, machinery, raw materials, computers and anything else that is vital to business operations.
  • General liability insurance: Covers a company’s legal responsibility for any harm it may cause to others, up to the policy limit. It also covers attorney fees and medical bills for anyone injured by the company.
  • Business interruption insurance: Reimburses for loss of income if a covered disaster interferes with the successful operation of the business.

Typical BOP Exclusions

  • Workers Comp
  • Professional Liability
  • Auto
  • Cyber
  • Crime

While these coverages are excluded from most BOP’s, they can often be added for additional premium, or coverage can be acquired through a separate policy.

When purchasing business insurance, it is important to obtain the right amount. Call Swarts Manning at (833) 878-2820 for guidance as to whether or not a BOP is a logical choice for your business.

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We provide insurance solutions for a diverse range of industries, backed by experienced professionals who understand the unique challenges each field presents. From construction projects and investment real estate to hospitality and technology, our team is equipped to handle the complexities of your business risks with precision and care.

We specialize in industries such as cannabis, commercial and habitational real estate, private clients and family offices, restaurants and hotels, product manufacturing and distribution, and technology. While these are our areas of expertise, we are not limited to them—our goal is to deliver customized solutions that protect what matters most to you.

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