Energy On The Offensive #057 - Various Important Memos

Spills, Floods, and Lawsuits—3 Killer Exposures You Can’t Afford to Ignore.

Good Morning,

It’s been almost a month since our last letter, so I’ve packed three critical topics into today’s post. Each one has shown up in real-life scenarios just in the past few weeks.

Recent crash on I-25 in New Mexico

Memo #1: Pollution Spills

Thankfully, it was reported in the news that the tanker in the above picture was empty and there were no significant spills. However, if you let your imagination wander, you can think of a lot of scenarios where this could have gotten really bad… and really expensive…

This is a good reminder that having a spill response plan is crucial. With some insurance companies you make the call and they immediately dispatch out the remediation vendor and handle/manage the spill from A to Z. This is the easiest and often least expensive route. Most other insurance companies the management and vendor selection of the remediation is on you (or who the police dispatch out) and you just cross your fingers that the insurance company will find the bill “reasonable” and pay it without any problems.

Most spill response companies have you sign a contract stating that even if insurance does not pay, your company is on the hook for the balance. It’s a double edge sward. You don’t want an insurance company to roll over and pay a remediation bill that is unjust or over bloated, however you also do not want an insurance company to put up a fight on justified bills leaving you in the middle.

If you are not partnered with an insurance carrier that manages the remediation efforts, then I recommend having a relationship and pre-negotiated rates with a remediation vendor/network.

Memo #2: Flooding

Unfortunately, many parts of our country has experienced severe and tragic flooding. This is an important reminder that your standard property insurance policy excludes flooding. You must purchase a separate flood insurance policy to have coverage. If you are not within a flood zone, the premiums are relatively inexpensive.

I have had several clients deal with flash flood waters entering their buildings where they are not in a flood zone and have had no previous issues. If you would like to see a quote for flood insurance, it’s a quick and easy process, just reply to this email or call my cell (501) 581-7226.

Memo #3: Rapid Claims Response

You can put safety on a pedestal, do everything right, and have an air tight safety program, but if your insurance company fumbles the claims handling, you’re still exposed to bloated settlements, damaged loss runs, and skyrocketing premiums.

Plaintiff Attorney Training Material

This screenshot is from a presentation by a plaintiff attorney, teaching other plaintiff attorneys how to win commercial vehicle cases.

They give our side a lot of credit for having a well-oiled plan to defend. It’s what the “big” trucking companies do.

  • Defense attorney’s ready to go within one hour of the happening of an accident

  • Response team consisting of adjusters and crash scene reconstructionist immediately getting to the live accident scene.

  • The entire investigation being directed by the defense attorney and protected by privilege.

Now ask yourself: If our company was involved in a serious or fatal crash tonight… do we have a well-oiled plan to respond?

This response can either be provided by your insurance company or using in-house resources. Unfortunately, there is a very short list of insurance companies that legitimately execute a well-oiled defense. Regardless, this is the largest financial risk your business faces – it’s critical that a plan is in place. If interested, let me know, and I will send you our Immediate Accident Response Guidebook.

This Is What Peace of Mind Actually Feels Like.
(Predictable costs. Lawsuit protection. A partner in your corner.)

If you’re serious about getting off this crazy train and taking control of your insurance once and for all, we’d like to show you a different way.

We help companies like yours optimize their cost of risk and put plaintiff attorneys in check, using specialized tools and strategies you simply won’t find anywhere else.

Why does that matter? Because your bottom line shouldn’t be at the mercy of courtroom drama or bloated insurance costs. We build defense-focused, cost-effective programs that give you back control, allowing you to focus on growing your business.

Want to see how? Let’s talk. Call or text me at (501) 581-7226, and I’ll show you exactly how we can help you keep more of your hard-earned dollars and protect your business like never before.