The Coverage Many Pharmacies Don't Know they Need: Allied Health and Data Breach

300,000 pharmacists employed in the USA face immense amounts of risk everyday. While handling and giving advice regarding medications, pharmacists hold the vitality of their customers lives in their hands. Given the state of today’s litigious society and the long, difficult hours many pharmacists work, mistakes are occasionally going to happen and lawsuits are bound to occur.

It is imperative that pharmacists get the best coverage available to them.  However, coverage options and insurance language is often confusing and sometimes misleading, resulting in many pharmacies receiving less than ideal coverage. Pharmacists must educate themselves on the range of coverage they really need.

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Send all applications to:
submissions@apogeeinsgroup.com

Professional Allied Health Coverage for Pharmacies

Professional liability is vital in protecting against malpractice or negligence lawsuits. One small mistake can quickly escalate into a claim resulting in loss of professional credibility and personal assets.

Claim Example

In October of last year, a family of a young girl filed a $750,000 lawsuit against a local pharmacy alleging that the pharmacist professionals negligently labeled a prescription with incorrect directions resulting in the child consuming a dosage five times larger than what was prescribed. The prescription was called into the pharmacy in 2008. When the child was given the dose as instructed on the bottle, she suffered a serious seizure, required immediate hospitalization and faced years of resultant suffering. Although the pharmacy insists they filled the prescription as it was phoned it, fingers have been pointed. The local pharmacy now faces the possibility of more than a million dollars in defense and damages.

Data Breach Coverage for Pharmacies

The average cost for resolving a single case of medical identity theft averages $20,600. And that’s just for one person. In 2010, nearly 1.5 million Americans and a equally staggering number of pharmacies fell victim to medical identify theft. The right data breach coverage plan can not only protect pharmacies against these exposures but also help to prevent crippling data infringements.

Claim Example

A pharmacist was recently sentenced to 25 months in prison for patient identity theft when she exposed private prescription data of one patients to her husband. Additionally, the patient awarded $1.44 million in damages. The pharmacy and pharmacist faced immense financial and emotional costs as a result of a momentary lapse in judgment.

Apogee Advantage

At Apogee, with our industry expertise and service promises, we commit ourselves to taking advantage of these market conditions and bringing you the most competitive coverage for your pharmacy needs. We will work closely with you to ensure full, personalized coverage and a painless application process. With in-house coverage specialists and market access to over 50 "A" rated or better markets, Apogee is your solution for professional and data breach pharmacy entity coverage.

We can also entertain compounding pharmacies.

To learn more please visit our website:

Apogee Insurance Group

Allied Health Coverage

Data Breach Coverage

APPLY NOW and receive a quick, personalized quote

Send all applications to submissions@apogeeinsgroup.com

Contact Information

Charlie Strum
Account Manager
(610) 337 3200
Ext. 7036

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Community Association Directors and Officers Infographic

Today's spotlight in on Community Association D&O.

At Apogee, we can provide directors and officers of community associations with the coverage they need to protect their personal assets from the risk associated with their highly public positions, including access to unique features such as Lifetime Occurrence Reporting Provisions. We can also quote EPLI with D&O and crime coverage for community associations.

Learn More Here
Apply Here 

Contact Information
Chris Hoxie
(610-337-3200)
 Ext 7027

Send all applications to submissions@apogeeinsgroup.com

See the Infographic Below to Learn More! 

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Understanding Fair Labor Coverage

The Fair Labor Standards Act, often referred to as FLSA or the Wage and Hours Bill, has been the backbone of ethical employment in the United States for decades. First introduced in 1938, FLSA has traveled a long road of amendments and scrutiny in becoming what it is today.  Generally, employers who produce $500,000 or more in gross sales are subject to FLSA requirements on minimum wage, hours, overtime and working with children. If you fall below this revenue line and are a hospital, school or public agency, you are likely still subject to these regulations. An issue consistently under debate, the FLSA is still changing with proposed amendment in April 2014 that would bring the federal minimum wage for employees to $10.10.

FLSA Coverage at Apogee
Application
Submit Applications Here

Employers have been blurring the lines of FLSA for years. Even those with good intentions can fall into FLSA related issues. While large corporations are highly publicized for FLSA lawsuits, it is smaller companies that are hit harder when claims occur. As not all EPL insurance covers FLSA related claims, many small companies are unprotected and don’t even know it! In fact, the U.S. Department of Labor estimates that as many as 70 percent of employers are not in compliance with the FLSA in some material way.

Most Common FLSA Offenses for Small Businesses

1. Not paying overtime for time worked over 40 hours in a week
1. Four Janitors that were not paid for overtime worked won $103,736 for overtime pay and liquidated damages
2. Misclassifying managers and assistant managers as exempt
1. Retail Clothing Store Manager was misclassified as exempt as he spent more than half of his time engaged in non-exempt,non-managerial activities. Plaintiff awarded $38,000 in back overtime pay and $62,000 in attorney’s fees
3. Paying Lump Sum amounts for overtime hours worked vs. paying 1.5 times the normal hourly rate
1. Small Concrete Company paid a $12,900 settlement and $20,000 in attorney fees for paying non-exempt workers a lump sum amount for overtime rather than time and a half for hours worked over 40

Two additional common FLSA offenses for small businesses include not paying for overtime since it had not been pre-approved and allowing employees to “waive” their rights under the FLSA

  

More FLSA Claims Examples

Between January 2006 and September 2013 FLSA cases totaled $2.95 billion in settlement dollars.

Misunderstanding of Regulations

A mortgage company was sued by 54 of its loan officers for over $220,000 in unpaid overtime. The owner was under the impression that FLSA did not apply to highly compensated employees. Many of his staff members earned well over 150k per year with the average compensation being $105,000. There is an exception to the FLSA law for highly compensated individuals earning at $100,000 per year or more but the exception also stipulates that a minimum of $455 per week must be paid. These employees were not paid during weeks where they did not close loans.

Exempt Employee Confusion

A laser machining plant was sued for unpaid overtime after firing an employee for what the company described as tardiness and an uncooperative attitude. The administrative assistant was listed as exempt although many of her job responsibilities are considered to be traits of a non-exempt classification. Her lawyer argued that she could not have been an exempt employee since she was docked pay for every hour that she did not work that was less than 38 in a week. The lawsuit settled for $73,000 in liquidated damages for intentional misclassification.

Underage Employees

A grocery store was directed to pay over $52,000 in restitution to thirteen employees all under the age of sixteen for willful violations of the Fair Labor Standards Acts (FLSA) youth employment provisions. The market had minors working six consecutive hour shifts as well as performing such tasks as cleaning a meat slicer, loading a paper baler and operating the power driven baking machine. The FLSA’s youth employment provisions identify hazardous orders that prohibit these specific activities for workers under eighteen and limits the number of hours that minors can work on school days/weeks.

FLSA Coverage at Apogee

At Apogee we can work with you to insure that your small business is insured under federal labor regulations. Access to top markets and years of expertise allow us to provide high quality, competitive quotes when you need them.

Learn more about FLSA and EPL coverage at Apogee here

Application for coverage

Submit completed applications here

Application Requirements

• Application
• Loss runs, if applicable
• Copy of current declarations page

Contact Information

Chris Hoxie
Senior Account Manager
(610) 337-3200 Ext. 7027
choxie@apogeeinsgroup.com

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Commercial Pollution Coverage: Could your Local Dry Cleaner be in Trouble?

Commercial Pollution Coverage for dry-cleaners is one of the largest untapped markets for insurance agencies across the country. A business that is universal to all communities, thousands of dry cleaners operate daily without Commercial Pollution Coverage and are thus leaving themselves exposed to huge risks. Are your local dry cleaners covered? Would they be able to afford a multi-million dollar claim from a simple environmental mistake? To understand what an environmental liability claim can mean for a dry cleaner, take a look at some examples below.

Environmental Pollution Insurance at Apogee
Environmental Liability Application
Submit Applications Here

Claims Examples

Contaminating Operations

Three local dry cleaners found themselves in quite a mess when groundwater samples in the area brought contaminated water to nearly 30,000 people. Following an investigation, operations at these dry cleaners were found to contribute to the groundwater contamination with floor drains that flowed into inadequate private sewage systems and storage tanks that leaked solvents. The launders faced immense clean up costs, which included site excavation, and claims of property damage and bodily injury. Inadequate systems brought claims total to $40 million for these three dry cleaners.

Inadequate Septic System

Following reports of foaming water in homes, apartments, schools and community centers, a county health department conducted an investigation on a local dry cleaner’s septic and sewage system. The system was ultimately found to be the source of volatile organic compound contamination in the groundwater. The laundry facility was required to install entirely new systems and dispose of all spent cleaning fluids off site. The entire community was affected with all residences advised to use bottled water. Penalties, claims and legal fees totaled a staggering $100 million for the local dry cleaner.

Release of Solvents

A decision made by a dry cleaning service prior to 1975 to discharge dry cleaning solvents and laundry wastes into a seepage lagoon came back to bite them ten years later when citizens began complaining about water quality. The dry cleaning owner ended up negotiating a settlement with the state in which he was required to construct a deeper well and face penalties. The total cost claims and cleanup totaled $4.5 million.

Capitalizing on the Dry Cleaning Market

At Apogee, we are happy to help you provide the tools and information necessary to sell coverage to your local dry cleaner and other businesses exposed to environmental liability. With specialized experience and access to the highest rated markets, we can help you to capitalize on these opportunities with expertise and fast, competitive quotes.

Additional Environmental Liability Opportunities

Looking for more ways to profit from the green movement? In addition to commercial pollution liability, Apogee can provide coverage for site pollution, tanks and commercial pollution liability to include transit coverage.

Apogee Coverage

Learn more about Environmental Pollution Liability Insurance at Apogee here 

Environmental Liability Application
Storage Tank Application

Contractors Application

Submit Completed Applications Here

Submission Requirements: 

Application
Loss runs, if applicable
Resumes of key personnel
Sample customer contract
Copy of current dec page
3 years of financials

Contact Information

Chris Bradley
Senior Account Manager
(610) 337-3200 Ext. 7021
cbradley@apogeeinsgroup.com

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Understanding Real Estate Errors and Omissions

A real estate purchase or sale is one of the single most important financial decisions an individual can make. Not only does this decision have significant impact on financial health, it also sets gears in motion for numerous subsequent decisions and opportunities related to quality of life. Most individuals who look to purchase real estate realize the implications of their decision on all aspects of their life. As so, most individuals look to outside sources for guidance. If a real estate purchase goes bad and you were involved in the decision making process, you may face as many, if not more, negative consequences as the purchaser themselves.

Real Estate E&O Application
Submit Applications Here

As guides to these life changing decisions, real estate agents and property managers are exposed to errors and omissions risks everyday, no matter how meticulously they conduct their business. In short, Real Estate E&O coverage protects against financial losses from lawsuits filed due to error, omission, or negligence in regard real estate agency duties. Increasing complexities of the real estate market have only intensified the need for errors and omissions coverage when it comes to marketing property.

Real Estate Claims

According to a recent article Realtor Magazine and The National Association of Realtors, the biggest legal liabilities for businesses in the real estate industry are currently highlighted as:

1. Social Media: inaccurate information posted, failure to comply with licensing regulations and laws, libel/defamation 
2. Short Sales & Foreclosures Laws and Regulations: forcing agents to understand and interpret complex legal documents from banks and client communication 
3. Their Own Words: Discrimination and perceived bias or misstatement/misrepresentation

Recent Claim: Sexual Escapades and Real Estate?

A New Jersey real estate agent was brought to court in December of 2013 after being accused of purposely deterring buyers from visiting a house on the market so he could use it for his own “sexual escapades.” The agent in question allegedly kept the home above market value to ensure buyers would stay away. Hidden cameras placed inside the house caught him engaging in sexual activities on ten different occasions inside the New Jersey home. The homeowners are currently seeking compensatory damages for breach of contract, trespassing, invasion of privacy, infliction of emotion distress and other civil counts.

Since the late 2000’s implosion of the US housing market, professional liability lawsuits brought against real estate brokers and agents have skyrocketed. It has never been more important to review the coverage that your real estate risks have in place with Apogee today!

Real Estate E&O and Apogee

At Apogee we can offer coverage for residential real estate sales, property management, commercial real estate sales and real estate appraisers. We offer extremely competitive rates for the value we can bring to clients with access to over 50 "A" rated or better markets, expertise and quick turnaround times.

To better understand the value Apogee can bring to real estate professionals, take a look at some recently bound coverage and available markets here.

Put Apogee to work for you on your next real estate submission. We look forward to working with you!

Ready to Fill out an Application?

Real Estate E&O Application

Please submit all completed applications, in addition to application loss runs and current declaration pages to submissions@apogeeinsgroup.com 

Contact Info

Michael Cavanaugh
Assistant VP
610-337-3200
Ext. 7029

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Small Business: The backbone of your company, made easy

In the United States, small business employs over half of the country's workforce. While many people think that the industrial giants drive our economy, its small business that's really top dog. Small business in America is the stabilizer of our economy. Entrepreneurs are the backbone of creativity and production. Small business is what stimulates economic growth. With over 60% of all private sectors, non-farm jobs coming from small business, it is a proven fact that small businesses are critical to the United States economy. Thus, it is critical that our small businesses are fully protected.

Apply for Small Business Coverage Here
Send Applications Here

Small Business at Apogee

Insurance coverage is just as essential, if not more so, for small businesses as it is for large corporations. At Apogee we have a team prepared to provide you with what these companies need. Our Small Business Team realizes the pressure these companies are under to obtain coverage and dedicate themselves to making the quoting process quick and easy. We have access to online tools to provide you with multiple quotes within 24 hours from the highest rated insurance markets. Our online rating systems require minimal information from the insured and help us get quotes out fast while still offering personalized coverage. Our expertise of the industry and dedication to small business needs is unmatched. We can quote all types of risk; including Errors &Omissions, Directors & Officers, Non Profit Directors & Officers, Cyber Liability, and Employment Practices Liability. Follow these links to be directed to our website and applications. Send all completed applications to submissions@apogeeinsgroup.com and receive multiple quote options within 24 hours. 

While these are not the only risks we can write, our Small Business Team often works closely with:

Real Estate – Commercial/Residential

Property Managers

Bookkeepers

Event Planners

Interior Designers

Consultants

Travel Agents

Non Profits

Restaurants

Construction Managers

If you have any questions please visit our Small Business Team at http://www.apogeeinsgroup.com/small-business-unit.html or contact:

Steve Finkelstein 

610-337-3200

Ext. 7043

Email

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Medical Spas: Lasers, Botox and Plenty of Risk

 Medical spas have been proliferating across the country. These day spa-medical clinic hybrids locations seek to treat conditions that cannot be effectively treated by traditional estheticians. Under the supervision of a medical doctor, patients can receive a range of treatments including laser hair removal, Botox, aggressive chemical peels, acupuncture and skin grafts. While these services can offer improved quality of life and stress reduction for many patients, they also create huge risk exposures for the health professionals who conduct and oversee them. No matter how careful a medical spa is at keeping its patients informed and realistic about their procedures, unsatisfactory or painful results, which are bound to occur, can drive any patient to court.

Apply for Medical Spa Coverage Here
Send Completed Applications Here

Services that may affect the health and safety of customers are, by nature, incredibly risky. Depending on menu of services, location and personnel, every medical spa has unique wide-range risk exposures. Even the most experienced and careful allied health professionals can come under fire from an unhappy patient.

A Bad Day at the (Medical) Spa: Claim Examples

1. A patient is claiming negligence and advertising injury after suffering from gangrene following a mesotherapy treatment performed by an unsupervised nurse. The patient cited the spa’s website that described the service as a "nonsurgical technique for spot weight reduction with minimal side effects and minimal bruising." Suffering from painful side effects of this non-FDA approved treatment, this patient is up in arms seeking significant compensation.
2. A patient brought Pure Med Spa, now bankrupt, to court for scarring on her neck caused by laser treatment to remove age sports. She was awarded $100,000 for her pain and suffering.
3. A Chicago-based medical spa was sued by an Attorney General for “using high-pressure sales tactics based on deceptive marketing claims to induce consumers into purchasing a series of medical and beauty treatments” that resulted in unwanted side effects and less than satisfactory results. The plaintiff was ordered to pay civil penalties upwards of $100,000.

Allied Health and Apogee

Demand of coverage and increased trendiness of these services have made medical spas an incredibly competitive area for insurance providers. At Apogee, with our industry expertise and service promises, we commit ourselves to taking advantage of these market conditions and bringing you the most competitive coverage for your medical spa needs. We will work closely with you to ensure full, personalized coverage and a painless application process. With in-house coverage specialists and market access to over 50 "A" rated or better markets, Apogee is your solution for your medical spa and allied healthcare entity needs.

Beyond medical spas, our allied health coverage can provide protection services for:

• Home Healthcare
• Companion Care
• Pharmacies
• Nursing Homes
• Ambulances and Medical Transport
• EMT Paramedics
• Surgery Centers
• And more….

Are your medical spa risks properly covered? Apply today and send your submissions to submissions@apogeeinsgroup.com

Application:   Medical Spa Coverage

To learn more about allied health coverage at Apogee please click here or contact Charlie Sturm

Charlie Strum

Account Manager

(610) 337 3200

Ext. 7036

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