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Insurance Challenges Face The Independent
Material Handling Distributor

Relieve the pressure of a volatile insurance industry.

By Thomas C. Short

Material handling equipment distributors have been under some pressure lately from the volatile insurance market. The pressure results from a host of reasons: inconsistent underwriting capacity, uncontrollable work environments, not making the insurance renewal a priority, lack of competition and unfavorable contract language.

Inconsistent Underwriting Capacity
A small handful of underwriters provide limited capacity directly for the material handling industry. Capacity is inconsistent from one year to the next, particularly with respect to pricing and whether or not they want to continuously entertain this segment of business. For example, in years one and two, underwriters typically are very excited about providing coverage. In year three, it's a loss leader, and they decide not to offer renewals, or they offer them at a hefty price increase. Then in another year or two, they come back into the marketplace. It can be a roller-coaster ride for distributors.

Another problem is that underwriters typically overreact when a claim does occur by taking capacity out of the marketplace. The dealer who hasn't developed a lot of relationships with individual underwriters and brokers is going to be scrambling to find coverage to conduct their business.

Uncontrollable Work Environments
Workers' Compensation losses associated with service technicians will continue to rise due to the uncontrollable work environments from one customer to another. One thing particular to material handling dealers is the technician driving to customer locations to perform service. One customer may have a set-up that is very clean and well lit, with all parts for the truck easily accessible. The next customer environment may be a freezer with ice all over the place, or a place where the technician cannot easily get to the engine. This is where distributors have their greatest Workers' Compensation exposures.

The solution is instilling proper behaviors when technicians are operating on their own without supervision—what I call a culture of safety. Think of the television show Hill Street Blues. The sergeant would always say before the police went off on the beat: “Let's be careful out there.” It's a constant reminder that you're concerned about people's safety and that they should be concerned about their own safety. If people start thinking that way, they may pause and ask themselves if they need help. The key going forward is modifying behavior.

Insurance Renewal Is Not a Priority
To obtain the optimal balance between terms and conditions, price and a competitive edge, distributors must prove to the underwriter that their operations are less risky than those of the dealer down the street. Present an underwriting submission showcasing your dealership in the best possible light. The submission should include:
  • Background of the dealership and its principals
  • Exposure data: sales, auto count, employee count, payroll, building values, etc.
  • Brochures
  • Contract information (such as rentals, insurance terms and conditions sought)
  • Safety procedures
  • Historical loss data, etc.
  • Business plan including growth goals.
Differentiating yourself from other dealers will protect you from the variance of the historical markets and open up other underwriters to entertain material handling distributors.

However, enough time must be allotted to prepare the submission. Be sure to begin the renewal process 120 days prior to the policy expiration. An agent can't do anything for you five days before renewal, other than prepare for the next time.

Lack of Competition
To ensure that the insurance program purchased continues to be consistent with current underwriting trends, the dealer should, at a minimum of every three years, introduce competition by having alternative agents obtain quotes. Assigning all underwriting markets to the incumbent agent will not yield the best result because it often is not in their best interest to make the best deal for you. If they're paid on commission, how aggressive are they going to be in knocking down the price when it also affects their commission stream? They may favor one market over another because of a contingency agreement in addition to commission. It is okay to ask what they are making on the carriers they are proposing.

Unfavorable Contract Language
Dealers consistently are being pressured by customers and suppliers to enter into contract language that is not in their favor. Rarely are the contracts activity-specific to the relationship. They instead are generic contracts that are sent to everyone from the copier repairman to the customer who wants 20 forklifts to the contractor erecting their new building. Contract clauses to be concerned with are:
  • Warranty. The dealer did not manufacture the forklift or rack or dock door or conveyor system. Someone else did. Dealers cannot truthfully warrant these products to be defect-free because they have no control over that. The manufacturer's warranty should prevail.
  • Patents. Similarly, the dealer has no idea if the manufacturer has violated someone else's patent or designs.
  • Insurance. Insurance clauses need to be consistent with the actual insurance purchase. These clauses often are incredibly detailed and itemize specific endorsements. If you sign the contract but don't have certain insurance, you are in breach. Rewrite those clauses to reflect exactly what coverage you have.
  • Indemnification/Hold Harmless. The dealer should be responsible for its own negligence, but not that of the customer or manufacturer. In a large majority of these contracts, there is an indemnity clause making the dealer responsible for the customer's negligence. Distributors don't have to do that. Have that indemnification clause rewritten to make it fair and balanced. If the dealer causes the problem, the dealer will be responsible. However, the dealer is not responsible if the customer doesn't clean up the oil that's spilled on the floor or doesn't secure the catwalk that the technician has to walk across. The dealer is not responsible for training the customer's forklift drivers.
  • Waivers of Subrogation. The dealer is asked to waive their rights and those of its insurers from the client, even if the loss is their fault. For example, a service technician is scalded when a steam pipe breaks on the customer's premises. Your Workers' Compensation would pay but reserve the right to recover from the customer for their negligence. This would not occur if the distributor agreed to a waiver of subrogation.

Use of Subcontractors
Dealers who are heavily engaged in allied products often hire subcontractors to perform installations. Unfortunately, the use of subcontractors is one of the biggest risks dealers face. If there is a problem while the subcontractor is on the customer's premises, it's going to come back to the dealer because the contract normally is between a dealer and a customer. To minimize the risk, the dealer should have a current insurance certificate from the subcontractor and it should be reviewed for limit adequacy, consistent policy periods, underwriter solvency, additional insured status, notice of cancellation due to non-payment of premium, etc. A standard should be developed to compare what is required to what is received.

Also, distributors should have subcontractors enter into indemnification agreements whereby the dealer is not at fault for the negligence of the subcontractor. An example is if the subcontractor uses an acetylene torch and sets the whole inventory on fire. Not only is the building damaged, but the customer can't load its products to make any money. The dealer should not be responsible for that kind of activity.

The good news for dealers is that the climate is beginning to change. People are getting smarter. Some bigger companies now have wording specific to forklift maintenance. There is a change going on, but not everyone's there yet. Don't get left behind.


Meet the Author
  Thomas C. Short is president of Thomas C. Short & Associates LLC, an insurance consulting company located in Cincinnati, Ohio, and on the Web at www.thomascshortassociates.com.