Greetings!
How goes it? Hope your summer is off to a wonderful (and busy) start! Things finally seem to be turning around in the construction industry and that's exciting!
Something else I'm excited about is a new charity endeavor I've gotten involved with.  Allow me to introduce you to Mike's Bikes Africa Bike Drive! We're collecting used bicycles to send over to Africa in an effort to improve the quality of life for those less fortunate than we are. It's amazing how the simple gift of an old bicycle can bring new possibilities for healthcare, education and employment to a struggling community in Zimbabwe or Namibia. Give a bike, change a life!
The Mike's Bikes Foundation is a 501(c)(3) tax-exempt non-profit, so your bike donation is tax-deductible. Interested? I'll even pick up your bike! Call me today and let me know what's convenient for you. Want to help out but don't have an old bike? You can also support the cause via credit card or paypal. Let me know if you're interested and I'll get you all the necessary details.
Thank you in advance for your partnership in this effort. I can promise you that your donation will make a huge difference in an area with little access to telephones, much less bicycles. Check out Mike's Bikes for more information about this great cause, or give me a call at (800) 298-0802.
Tom Messier, Vice President
Mason & Mason Insurance Agency M&M Assurance Group
P.S. If you enjoy this newsletter, check out our website at www.mmins.com. Click the "Clients" tab at the top of the page and then enter the site with username: "Client" and password: "INFO4U". You'll find more helpful articles on a wide range of topics. There's even a list of all our previous newsletters, so you can browse by topic to find exactly what you're looking for! You can also check us out on Facebook! If you have any questions, give us a call at (800) 298-0802. We'll be happy to hear from you! |
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CONTRACTORS: DO YOU HAVE COVERAGE FOR SHODDY WORKMANSHIP?
A young couple with a growing family decided to sell their current home and build a new one. They contracted with a builder, and four months later moved into a beautiful new house. They were very happy for a while. Over time, they noticed pools of water in the basement, though the pipes overhead were dry. The basement walls began to show spots of dampness, followed by mildew growth and the accompanying odor. The remediation firm hired to examine the basement told them that it appeared their home was sitting over an underground spring. Surprised to hear this, they hired another firm to test the soil and received the same diagnosis: The home builder had erected their house over a spring. The couple's next step was to hire a lawyer who served the builder with a lawsuit.
The builder notified its liability insurance companies of the lawsuit, assuming that it would have coverage for the claim. However, there are several factors that affect the builder's coverage. First...
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WILL YOUR CGL POLICY COVER YOUR LIABILITY FOR SOMEONE ELSE'S INJURY?
Two work crews building a new home are taking a break. One of the employees of the plumbing contractor and a carpenter get into a little verbal sparring. It starts out good-natured but turns heated, and the plumber picks up a metal nut and flips it in the other man's direction. At that moment, the carpenter stands up directly in the nut's path. It strikes him in the eye; the ensuing injury is so severe that he loses part of the sight in that eye. He sues the plumbing contractor and the employee who threw the object. Employer and employee both look for coverage and defense under the plumber's Commercial General Liability (CGL) insurance policy. Although the policy will likely cover the employer, coverage for the employee is not certain.
A CGL policy normally does not cover a person (an "insured") for liability for injuries or damages "expected or intended from the standpoint of the insured." If the insurance company concludes that the plumber's employee either expected or intended to injure the carpenter with the thrown nut, it will not cover either his liability or defense costs. As R. Steven Rawls and Rebecca C. Appelbaum explained in a recent article, when courts have interpreted this policy language, they tend to agree on the meaning of the word "intended" but differ on the meaning of "expected." Courts in various states have approached the meaning of "expected" in different ways...
MORE...
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About Mason and Mason
For more than 20 years we've been committed to meeting the insurance and bonding needs of the construction industry. The success and leadership of our practice has led to strategic and proprietary relationships with insurance companies similarly committed to the industry. Our clients benefit from our insurer relationships in the form of products designed with their special needs in mind. Our access to many construction specialty insurers also assures our clients are afforded a range of options at various cost levels in order to match the level of protection for their particular needs. As important as these insurer relationships are, our true competitive edge is the people who serve our clients. We have team of construction insurance professionals who understand the complexities of the worker's compensation and general liability insurance regulatory environment as applied to the industry. We leverage this specialized knowledge and our broad risk management expertise to the benefit of our construction industry clients.
Mason and Mason Insurance M&M Assurance Group
458 South Avenue 3304 White Mountain Hwy
Whitman, Massachusetts 02382 North Conway, NH 03860
T (800) 759-1452 T (800) 298-0802
F (781) 447-2832 F (603) 356-9290 |
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SAFETY TRAINING IS CRITICAL PRIOR TO USE OF CONSTRUCTION EQUIPMENT
Although you might feel like an expert at operating the equipment you use each day at work, do you know the proper way to handle the equipment according to OSHA requirements? Do you know how to keep yourself, your coworkers and the heavy equipment you operate safe? By gaining a clear understanding of where you should and shouldn't drive, as well as what kind of equipment modification you can and cannot make, you will go far in helping to maintain a safe environment on the jobsite.
Equipment Safety Rules
Many of the rules and regulations regarding the safe use of heavy equipment are based on common sense. Get familiar with the rules, and follow them for utmost jobsite safety.
- Do not drive construction vehicles on access roadways and grades unless the roadway is made for these types of vehicles.
- Seatbelts must be used in every vehicle that offers sit down operation.
- Do not give rides to anyone on the jobsite unless they are authorized to be on the equipment.
- Lifting and hauling equipment need to have their work capacity written clearly in a place where the operator can easily view it. Operators must never exceed the intended capacity.
- Brakes need to be in excellent condition, and must be able to actually stop the vehicle with a full load-not just the empty vehicle weight.
- Machines that can travel in two directions must have alarms that are audible and functioning while the machine is moving in either direction.
- Make sure scissor points are always guarded.
- Emergency access ramps should be built so that they control and stop vehicles that move on their own, without an operator, when they are not supposed to.
Equipment Modification Rules
At times, construction equipment is modified to make operating it easier. Modifications are allowable unless...
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