Need to Know

Below is a list of commonly asked questions, but if you find your question is not answered below, do not hesitate to speak with a member of our team. We are always just a phone call or e-mail away.

What is Texas Occupational Protection (TOP)?

TOP is an employee benefit program provided by an employer. This product is available in the State of Texas where employers are permitted by law to opt out of the Worker's Compensation System. TOP covers employee on-the-job injuries only, and will pay for medical benefits, AD&D benefits, and disability arising out of said employee injury.

TOP also reimburses for amounts the employer becomes legally obligated to pay subject to the terms and conditions of the policy and its limits of liability related to workplace negligence claims.

Does Texas Occupational Protection (TOP) replace Worker's Compensation?

No, this is not a policy of Worker's Compensation insurance. The employer does not become a subscriber to the Worker's Compensation system by purchasing this policy, and if the employer is a non-subscriber, the employer loses certain common-law defenses to a law suit as well as certain limitations on liability that would otherwise be available under the Worker's Compensation laws. The employer must comply with the Worker's Compensation law as it pertains to non-subscribers and the required notifications that must be filed and posted.

Does Texas Occupational Protection (TOP) protect against lawsuits?

Our TOP policy contains a Mandatory Binding Arbitration clause, which in combination with an Employee Retirement Income Security Act (ERISA) benefits plan is a powerful tool that helps to protect the employer against trial by jury. TOP will provide unlimited defense costs and a stand alone limit for any judgments within the policy limits.

With a proper benefits plan in place, claims, including claims for wrongful denial of insurance benefits, may be tried in federal court, rather than state court. A jury trial is usually not available and many plaintiffs' attorneys have less experience and less comfort in the federal court system. A written plan can also clarify that providing benefits to an employee is not an admission of liability for the injury. A written plan can also move the case to an Arbitrator, which will review the case more quickly and keep it out of the court system.

Texas Occupational Protection (TOP) from Bunker Hill is written through what carrier?

Bunker Hill Underwriters writes TOP exclusively through Great Midwest Insurance Company - Rated A (VII) by AM Best Company. Great Midwest Insurance Company and Bunker Hill insurance are both subsidiaries of Houston International Insurance Group (HIIG).

Who handles the claims for TOP?

Bunker Hill Insurance has established on behalf of Great Midwest Insurance Company an in-house claims service. These services include telephonic and on site claim management, medical bill review, explanation of benefits (EOB) letters and unlimited defense costs. There is no additional charge for any claims handling service.

Does TOP offer monthly reporting?

Yes, TOP offers monthly reporting based on either a composite rate or individual class codes rates.

Does TOP provide an ERISA plan with their program?

Yes, TOP uses a third party attorney to provide you with the most comprehensive ERISA available in the non-subscription market. TOP also provides unlimited email access with the attorney to ask questions about the ERISA plan.

Where can I learn more about the program or locate your application for coverage?

Additional information, including the TOP application is available at Bunker Hill's website, www.bhuainc.com , under the Programs tab. New submissions can be sent to topoccacc@bhuainc.com. To reach the underwriter of this program, Cooper Wallach, cwallach@bhuainc.com

A marina is an active community unto itself. Beyond providing mooring and boat storage, marinas may: provide minor or even major boat repair services; rent boats; sell boats; provide electrical and water hook ups; have on-sight restaurants or other eating facilities; operate an accessories store; or even conduct fishing or sightseeing expeditions.

In addition to operational exposures, marinas are also subject to natural risks not common to most other property. Due to the proximity to water and the general location of marinas, wind and water damage is of utmost concern. Also, salt-water marinas have an increased wear and tear exposure from the constant exposure to salt air and water (a maintenance issue not covered by insurance).

Because of these increased exposures, marina structures may need to implement much higher building standards than is required by local building code. Special attention must be paid to docks and piers. Due to the traffic on these structures and the punishment they suffer, constant inspection is necessary to avoid a potential bodily injury claim from a slip and fall. Marinas that employ wet or dry storage take on a heavy bailee risk.

What security measures are in place to block access by unauthorized trespassers? Are boats moved and stored properly? What methods(s) is used to move boats around the property?

How much risk is taken by the marina in the storage contract (agreement)?

If repair services are offered, what type of work is done? Is any work done on hulls? If so, what is the construction type of the hulls repaired (wood, fiberglass, metal)?

Other underwriting information the underwriter may require includes:

• Number of outside berths?
• Any interior berths?
• How high (in feet) are boats stored?
• Number of boats owned by the marina?
• Any boat rental? Area of navigation?
• Any boating safety training required before renting a boat?
• Are any regattas or social events sponsored by the marina?
• Are propane tanks refueled?
• Years in business?
• Gross receipts (broken down by operation type)?
• Premises protection information (security, fire, etc.).
• Other premises information (camp grounds, swimming pools, recreation facilities, etc.).

Underwriters may require information other than that detailed in the description and list above; but this provides a good basis when considering a marina.

What could "Home Health" and " Delivery Services" possibly have in common? In addition to enjoying the benefits of each from the comfort of your home…plenty!

As a home health operator, would you believe that one of your largest insurance exposures that may lead to financial ruin does not involve even a single medical procedure or service? As in many delivery services, most home health employees use their personal autos to complete their daily appointments. Many insurance carriers writing professional liability coverage for Home Health Agencies do not insure this exposure.

You could be held liable for damages caused by your employees who are found legally at fault in an automobile accident. How is this so? Your employees are agents of you, the business owner. Therefore, you become subject to the exposures of an employee having inadequate limits of insurance or, worse yet, no insurance at all! It is estimated that up to 25% of all drivers in some states are driving without insurance coverage. Do you know if all of your drivers have insurance coverage in force, and if so, their limits of liability? Are these limits sufficient to protect you from loss? How can you be certain an employee who has insurance will not "accidentally" lapse their insurance by nonpayment of premium just prior to an accident?

For example, suppose your employee, while driving his owned auto either to or from an appointment, causes an accident that results in $125,000 in damages to a third party. The employee has personal insurance coverage, but only carries the state mandated minimum limits of 20/40/15. As you can readily see, damages in excess of $20,000 bodily injury per person, $40,000 per occurrence, or $15,000 in property damage will have to be collected elsewhere.

YOU ARE THE PARTY WITH THE DEEP POCKET WHO CAN BE HELD RESPONSIBLE FOR THE ADDITIONAL AMOUNTS ABOVE THE LIMITS OF YOUR EMPLOYEE'S OWN POLICY!

Of course, if all of your drivers carry $1 million dollar automobile insurance limits, you probably don't have much to worry about. Unfortunately, very few drivers' carry limits that high on their personal auto insurance.

How can you protect yourself from this type of loss?
The first step is to purchase Non-Owned Automobile insurance coverage. Bunker Hill offers this valuable protection as part of our Home Health program. However, auto claims above $1,000,000 are not that uncommon. A prudent business owner would also buy higher limits in an umbrella policy.

Non-owned auto insurance covers liability arising out of autos you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes autos owned by your employees and partners or members of their households, but only while used in your business or your personal affairs. It does not cover owned autos.

Just as important as obtaining the proper insurance coverage is the implementation of the following loss control measures as part of your standard operating procedures:

1. Pre-Employment
   1. Obtain a motor vehicle report from the state on each applicant. Drivers with more than two moving violations or accidents in the last three years should either not be hired or not be allowed to drive on company business. Do you really want applicants with convictions for "driving while intoxicated" or "reckless driving" working for you?
   2. Require proof of liability insurance. (A copy should be kept in each employee file.)


2. Post-Employment
   1. Update each employee file on a yearly basis by running a new motor vehicle report and obtaining a current copy of proof of insurance.
   
   
   DO NOT PUT YOUR BUSINESS AT RISK BY NOT TAKING THESE EASY TO FOLLOW STEPS TO LIMIT YOUR EXPOSURE TO A NON-OWNED AUTO LOSS!

Another benefit of having the proper insurance coverage in place includes enhanced contract negotiations with Managed Care Providers. Many providers require certificates of insurance as part of their selection process.

Remember, no one, including the deliveryman and you, should be left out in the cold without protection.