What’s the Liability?

As a personal Host, you do have potential liability for bodily injury or property damage to third parties which arises out of the negligent serving or distribution of alcohol at your party, be it a small backyard BBQ setting, or a holiday gathering. The insurance provided by most home/condo/tenants insurance policies may protect you from a liability claim arising from a private social gathering in your home, but you should confirm this with your broker/agent first.

As a business or non-profit organization, it is very important that you review your insurance protection first with your broker or agent if you have any plans to host such an event. While some commercial insurance policies are able to accommodate an event involving liquor, additional information may be required to endorse the policy accordingly. In some cases, host liquor liability is expressly excluded and must be arranged by your Broker for your function.

Liability for claims arising out of social hosting can arise from many different avenues, including:

• Server – Serving people past the point of intoxication;
• Occupier – Whether you own the space or are temporarily renting the venue, you have responsibility for protecting the people on premises from harm;
• Employer – You have a responsibility for your employees at staff functions.

Special Occasion Permit

Functions with more attendees, ticketed events, or those involving the sale of alcohol may require the purchase of a Special Occasions Permit. SOPs allow for the sale and service of alcohol on special occasions, and are required any time alcohol is offered for sale or is served anywhere other than in a licensed establishment (eg. bar or restaurant), or in a private place (eg. office or home). Special Occasion Permits are available from the Alcohol and Gaming Commission of Ontario (link) and are reviewed and approved based on the nature of your function.

Party Alcohol Liability Insurance

Party Alcohol Liability insurance is a low-cost policy, designed to provide protection when lawsuits are brought against individuals, organizations, or companies who host events with alcohol service. This is typically provided when you are in a situation where an SOP is required, such as weddings, stag & does, banquets, dances, socials, cocktail/Holiday parties, etc. Contact your Broker to request a quote.

Risk Management & Avoiding Issues

Here’s some advice for curtailing over-consumption of alcohol:

• Be aware of the designated drivers in attendance. If other guests are unable to drive safely, the DDs may be able to help
• Provide non-alcoholic drink and food options to all guests throughout the party
• Implement a cut-off time for alcohol service, even at private functions. For example: stop serving alcohol some time before you expect your guests will leave. You may also serve other drinks, like coffee or tea, and encourage guests to have water.
• Be prepared with excess cash to offer to pay for guests’ cab rides if necessary. You may also have extra space set up in your home to house last-minute overnight guests.
• Have no reservations about asking for someone’s keys if you suspect they are too intoxicated to drive.
• If alcohol service is being provided at a larger function, or one involving an SOP, ensure that servers are Smart Serve certified.
• The legalization of cannabis adds an additional layer of complexity, as guests may mix intoxicants. Keep a keen eye on your attendees to watch for over-consumption.

What To Do In A Claim

In the event of a claim, here’s what to do:

• Contact your representative at Cade as soon as possible.
• Make a note of all the relevant details of the incident, including the date, time, witnesses’ names and contact information.
• Don’t confess liability; always direct any discussions with the claimant to your insurer for further comment.

Whatever the occasion, be wary of how much your attendees are drinking. It is your responsibility to ensure your guests are having a good time in a safe manner. Take the lead on educating yourself and your team about what you’re responsible for when holding a party. Be prepared with several methods of getting your guests home safely if they are too intoxicated to drive themselves and others.

Get in touch with us today at clientservices@cadeinsurance.ca to discuss how to prepare for your next event.

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With the temperature dropping, our thoughts turn to preparing our cottages for the cold and snow to come. For some, this means closing up the cottage until the spring. For others, it is a time to prepare for life on the lake during the winter. Regardless, we all do our best to prepare our properties to withstand the toughest weather Canada can throw at us. Some property owners have opted to give their waterfront structures a helping hand, through the installation of bubblers.

What Are Bubblers?

For those who are unfamiliar, ‘bubblers’ are a type of de-icing system, intended to prevent the build-up of ice at or around waterfront structures like docks and boathouses. There are several different types of systems, but generally these devices use air or propellers to create zones of agitated and warmer water to prevent ice from forming. Protecting our cottage properties is understandable and an increasing number of cottagers in Ontario are turning to these devices as part of their winter preparation.

However, if you are a regular bubbler user, or if you are considering installing one at your property, it is important to plan carefully and be sure that you are not contributing to a significant hazard on the lake.

Creating a Hole in the Water

Bubblers are often turned on and left largely unattended by property owners throughout the winter. Without careful planning, management and consideration of the nature of your waterfront area, your bubbler can de-ice a significantly larger portion of the water than is necessary to protect your property. This is especially true in shallow or sheltered areas, or when several bubblers are active near one-another, with multiple property owners inadvertently creating a massive hole in the ice, hundreds of feet in size. These holes in the ice can pose a serious safety risk to winter users of our lakes, especially at night or during storms with poor visibility.

Legal Implications

Section 263 (1) of the Criminal Code of Canada is very clear that those who make or cause to be made an opening in ice are under a legal duty to guard the opening in a manner adequate to prevent persons from falling in by accident, and adequate to warn them that the opening exists. If you fail to perform these duties, the Code states that you may be found guilty of serious offences, up to and including manslaughter.

Risk Management Considerations

If you chose to operate a bubbler to protect your property, please make sure you are taking all steps possible to ensure the safety of all lake users and consider taking these risk management steps:

• Place and angle your devices with care to keep the impacted area as localized as possible;
• Talk to your neighbours to avoid doubling up in an area. It is possible that one bubbler will do the trick.
• Equip your system with a thermostat or timer control. Running 24/7 creates oversized openings.
• Place clear signs near the bubbling area, visible from all directions noting “Danger Open Water”.
• Run an amber light to mark the hazard at night and during storms. Do not use a red light, as this can be mistaken for the brake lights of a snomobile and draw people towards the risk, rather than turn them away.
• Monitor your property. If you cannot be present, have someone check regularly to ensure the system is operating, the effected area is appropriate in size, and that the warning lights and markers remain in place.
• Where possible, a knowledgeable and experienced contractor should be used to configure the system.

Summer or winter, safety on the water is a top priority!

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Safety First
The safety of you and your passengers is the top priority after a collision. Turn off your car and check that everyone is safe. If you feel as though anyone’s safety is at risk, or if someone has been seriously injured, call the police and emergency services right away. Then take a moment to consider your vehicle – are you in an unsafe place; is your car drivable; is anything leaking from the vehicle? If your car can be moved, drive to a place of safety out of the way of traffic.

Who to Call
Once you are in a safe place, call us at (416) 234-9980. One of our brokers will help you through the next steps. After-hours, our voicemail or www.cadeinsurance.com/claims will tell you how to get in touch with us, or your Insurer directly, or you can look at your liability cards which will have your Insurer’s 24/7 claims number.

Gathering Information
Be sure to exchange information with other drivers that are involved in the collision. You should collect their contact information, insurance information (policy number, insurer), and type of vehicle. This needs to happen no matter who is ‘at fault’. If possible, take photos of the vehicles from all angles to help with the claim process.

Collision Reporting Centre & Towing
If the police did not attend the scene of the collision, or attended, but did not make a formal report, you will need to visit a Collision Reporting Centre within 24 hours if your vehicle is safe to drive. If a police report was already created at the scene, you can take your car home or directly to a repair shop.

However, in many cases, it is not safe to drive a car that was recently in a collision. If this is the case, you should arrange for your vehicle to be towed to the Collision Reporting Centre closest to your home or to your preferred auto repair shop. We do not recommend allowing the Tow Truck Operator to choose where your vehicle will be taken. Resources such as www.accsupport.com, or www.cadeinsurance.com/claims can help you select which Collision Reporting Centre is best for you. The tow truck driver should wait at the Collision Reporting Centre while you make your report, and then take you and your vehicle to your home or your preferred repair shop. 

Do not accept any supplementary services from the Tow Truck operator, such as a rental vehicle, before speaking to your broker or insurer. If you must take a rental right away, make sure it is from a large, reputable rental company (eg. Hertz, Enterprise, Discount, Budget, etc.)

Repairs
Once the claim has been reported to your Insurer, an adjuster will be assigned to your claim who will reach out to you to explain next steps about repairing your car.

Insurers often have ‘preferred shops’ which they have vetted for quality and service levels, and who are often able to work more quickly with the Insurer’s claims team. The work done by the Insurer’s preferred shops are typically guaranteed by the Insurer. However, you are completely free to choose where to send your vehicle for repairs.

Once you have chosen a repair facility, you may request they prepare an estimate for the work, but do not sign any work orders or authorize work to begin until you’ve discussed the claim with your insurer. If you are not working with a ‘preferred’ shop, your insurer may first need to send an appraiser to examine your vehicle to approve the garage’s estimate.

During the time your car is under repair, your policy may allow for a rental vehicle, which should be discussed with our office or the adjuster.

In some cases, the cost to repair might surpass the value of the vehicle. If this is the case, your insurance adjuster will contact you to discuss the details of the settlement. When considering ‘a total loss’ of a vehicle, the Insurer’s settlement will be calculated using industry standards and will include evaluation factors such as the comparison of vehicles available in the market of similar age, make, model, and use (km), and remaining salvage value.

Although we hope this is never a situation you find yourself in, remembering these key steps
can help simplify the process and avoid undue stress. The Cade Associates team is here to offer the best advice and service for you and your family, especially in tough times like these. To find out more about your coverage or the procedures you should take following a car accident, email us at clientservices@cadeinsurance.com.

The post You’ve Been in an Accident – Now What? appeared first on Cade Associates Insurance Brokers Limited.

In addition to providing you with peace of mind, knowing that the safety of your home is being monitored 24 hours a day, the installation of a centrally monitored alarm system for burglary and/or fire can open up further discounting opportunities with respect to your home insurance premium. The improved security offered by such systems can help reduce your annual premium by making your property more secure and mitigating certain losses such as theft, burglary, and fire damage.

A point to consider: If your home is currently equipped with a monitored alarm system or you are looking to install one, many insurers are offering improved coverages for your home and personal possessions if a monitored temperature alarm is also in place.

As always, please feel free to contact our office if you have any questions with respect to how the installation of an approved centrally monitored burglary, fire, and/or temperature alarm will affect your home insurance.

We here at Cade know how important your home is to you. By making sure your home is safe, sound, and secure, we can work together to get you the most effective rate for your home insurance.

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For your reference, we’ve compiled a list of some watercraft safety tips so that you and your family can be sure to have a fun and safe time on the water this summer!

• Pack the Right Gear:
  Always be sure to have the proper equipment on board your boat prior to leaving the dock in order to be prepared for any emergencies that might occur. At a minimum, all pleasure crafts should be equipped with a first-aid kit, a bailer or bilge pump, a pea-less whistle, a magnetic compass, paddles, a watertight flashlight, a buoyant heaving line that measures at least 15 metres, and one lifejacket or Personal Floatation Device (PFD) for each person on board.
• Be Weather-wise:
  Make sure you check local weather conditions and forecasts prior to departure. If you notice the signs of bad weather approaching, it’s best to play it safe and make for shore.
• Common Sense is a Boater’s Best Friend:
  One of the most important aspects of boating safety is also one of the easiest! Use your common sense and be sure to operate your craft at safe speeds at all times, especially in crowded areas or when participating in water sports. Watch for and be respectful of buoys and other navigational aids – they are there to ensure boating safety for everyone on the water.
• Alcohol and Boating do not mix:
  Just like driving under the influence, operating your watercraft under the influence of alcohol is an offense under the Criminal Code of Canada. Enjoy that boating while you’re out on the water but save your drink for when you’re safely on the dock.
• PFDs are a Life Saver:
  Before leaving the shore, be sure to fit each member of your onboard team with an appropriately sized Personal Floatation Device. They aren’t called lifejackets for nothing! They are the best way to be sure that you and your crew remain safe while out on the lake this summer.
• Don’t forget your Pleasure Craft Operator Card!
  Make sure your PCOC is on board with you when you are operating your watercraft – it’s the law.

For further information regarding boating safety and pleasure craft operating requirements, please visit the following link for Transportation Canada’s Safe Boating Guide:

https://www.tc.gc.ca/media/documents/marinesafety/TP-511e.pdf

Whether you’re new to boating or have been zipping around your lake for years, it is always a good idea to review boating safety rules at the beginning of the season in order to be sure that you and your friends and family are prepared for a safe summer on the water.

Stay safe, boaters!

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Even as the law stands, the use of a handheld electronic device while driving will negatively affect your automobile insurance as it is considered a minor conviction.

The moral of the story?  Drop all handheld electronic devices while driving and save emails, texts, and phone calls to when you are safely and lawfully in park!  It’s safest (and cheapest) way to drive!

Further information regarding Distracted Driving is available through the Ministry of Transportation website: https://www.mto.gov.on.ca/english/safety/distracted-driving/

The post Drop it and Drive: Distracted Driving and your Auto Insurance appeared first on Cade Associates Insurance Brokers Limited.

While all-season tires proudly proclaim their year-round nature in their name, the soft rubber compound that is specific to winter tires allows for increased contact and therefore traction on the road during the cold days of winter.  This improved traction allows for better control and shortened braking distances, ultimately allowing you to practice safe driving techniques with increased ease during rough winter days.

If you are in the market for new winter tires, be sure to speak to a trusted professional in order to obtain the best tires for your vehicle and driving needs.

So pick up a set or dig yours out of storage and make an appointment at your auto mechanic before the real winter rush begins!

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