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Market Update:                                                          Trusted, dependable, specialists.
New Illinois Court Decision Impacts Temporary Staffing                  Serving staffing clients since 1961.
Firms and PEOs Nationwide
                                                                        Where we’ll be:
                        In a recent Illinois First District Appellate   Assurance Staffing Practice
                        Court decision, the following Westfield         representatives will be attending
                        Insurance Company additional insured            or sponsoring the following
                        endorsement was evaluated:                      upcoming event(s):


                                                                        CSP Staffing & Recruiting
                                                                        Conference 2011
Who Is an Insured is amended to include as an additional insured
                                                                        May 19- 21, 2011
any person or organization for whom you are performing
                                                                        San Diego, CA
operations when you and such a person or organization
have agreed in writing in a contract or agreement that
such person or organization be added as an additional                   NACE Experience! 2011
insured on your policy.                                                 July 24-27, 2011
                                                                        Reno, NV
                                                                        Assurance speaking engagement
The First District construed this endorsement language narrowly,
finding that additional insured status would only trigger for
persons or organizations that are direct contracting parties with       2011 NISA National Convention
the named insured. The above additional insured language fails to       September 7-9, 2011
provide coverage to any party without a direct contract with the        Chicago, IL
named insured.

                                                                        NAPEO
This ruling is important because it affects not only the parties one    September 12-14, 2011
is seeking additional insured protection from, but also those           Orlando, FL
parties one is expected to protect as additional insureds. Where
this language exists, a party seeking additional insured status
must have a direct contract with the party providing protection,        2011 Staffing Industry Analysts
and the contract must specifically require additional insured           Healthcare Staffing Summit
protection. Although the case in question interpreted language          September 22-23, 2011
found in a Westfield policy pertaining to a construction-related        Philadelphia, PA
accident in Illinois, this or similar wording is found in additional
insured endorsements issued by other carriers and will likely be        Assurance key facts:
adopted by other states.                                                • Over 400 staffing clients
                                                                        • Located in 50 states
Important Takeaways:                                                    • 22 workers' compensation markets
                                                                        • 30 insurance professionals focused
    •   This is a ruling that can impact the staffing and PEO           exclusively on staffing
        industries                                                      • Dedicated claims advocacy team
    •   The referenced additional insured wording in this ruling is     • Certified ASA continuing education
        common in the insurance industry and is not unique to           provider
        any one insurance carrier
•   Many staffing firms and PEOs enter into agreements with
        third party vendors that require the staffing firm to name      Proud members of:
        the third party vendor and several others as additional         • American Staffing Association
        insured under the general liability; if this wording is found
                                                                        • National Association of Professional
        in your policy's additional insured endorsement, you
                                                                        Employer Organizations
        MUST have a direct contract or signatory relationship with
        the third party vendor and each company you are naming          • National Independent Staffing
        as an additional insured                                        Association
    •   Failure to have additional insured protections for the          • Staffing Services Association of
        contractually required parties may result in a lack of          Illinois
        anticipated additional insured protections; such lack of        • TempNet
        additional insured status could result in litigation brought    • Over 20 state associations
        against your company under the theories of breach of
        contract, which is not covered under standard general
        liability forms
                                                                        Contact an Assurance
                                                                        representative:
Important First Steps:
                                                                        Mike Atieh, ARM, SCLA, CPCU
    •   Evaluate additional insured wording for all of your existing    matieh@assuranceagency.com
        contractual relationships and those going forward; if your      847.463.7207
        policy has an additional insured form with limited
        wording, work with your insurance broker and attorney to        Robert Barrese
        ensure contract compliance
                                                                        bbarrese@assuranceagency.com
    •   If you request to be named as an additional insured on
                                                                        847.463.7183
        your client's policy, obtain an additional insured
        endorsement from your client in addition to the Certificate
        of Insurance and make sure you have a direct contract           Jim Breck, SCLA
        with each party you require to name you as an additional        jbreck@assuranceagency.com;
        insured                                                         847.463.7165
    •   Develop a system to review the thoroughness of
        additional insured language and confirm whether a direct        Robert Dunn, CPCU, ARM, AU
        contract is in place with each entity requiring you to list     rdunn@assuranceagency.com
        them as an additional insured                                   847.463.7258

We urge temporary staffing firms and PEOs to consider the               Jeffery Friedrich, ARM,CPCU
potential impact of this ruling on their own business and consult       jfriedrich@assuranceagency.com
with their insurance broker and their attorney as appropriate.          847.463.7236

                                                                        Guy Jacobucci
Staffing Practice Update:
                                                                        gjacobucci@assuranceagency.com
Assurance Ranked 2nd Best Place to Work in Chicago by
                                                                        847.463.7233
Crain's Chicago Business
                                                                        Kurt Murray
Assurance was recently named the 2nd Best Place to Work in              kmurray@assuranceagency.com
Chicago according to the 2011 Crain's Chicago Business ranking.         847.463.7154
This is the fourth consecutive year Assurance has finished in the
top 10, climbing each year from number 9 up to number 2.                Diane (Bozic) Poljak, ARM
                                                                        dpoljak@assuranceagency.com
In determining their rankings, Crain's placed great emphasis on         847.463.7298
the degree to which employees feel involved and committed to
their work, which they referred to as employee engagement. Key          Jeff Tuisl, CPCU
factors in engagement include open and transparent                      jtuisl@assuranceagency.com
management, clear communication of company goals and obvious            847.463.7245
paths to promotions.                                                   Quote of the month:
                                                                       “To guarantee success, act as if it
Assurance has been privileged to be honored by some very highly        were impossible to fail."
regarded publications over the years. Click here for a full list of
accomplishments.                                                       - Dorothea Brande


Client Resources (access additional resources online):
Risk Management Product Discounts                                           www.assurancestaffing.com
Access discounted pricing on quality and innovative risk
management products such as background checks, drug testing,
integrity testing, safety videos, and protective equipment at
http://assurance.riskproducts.com.


Sponsor Highlights
                                             CRC Insurance
                                             Services is a leading
                                             Wholesale Insurance
                                             Brokerage Firm,
                                             specializing in
Property, Casualty, and Professional risks. CRC wrote over $1.7B
in premium during 2010. Of that amount, roughly $315M came
from the placement of Professional Liability policies - including
those for staffing companies.


                                      Philadelphia Insurance
                                      Companies (PHLY)
                                      specializes in the temporary
                                      staffing industry. PHLY
                                      understands how to provide
a flexible and comprehensive insurance program for risks all
across the United States. Below are 8 reasons to choose
Philadelphia Insurance Companies for Temporary Staffing
Agencies:

    1.   Admitted paper and solid AM Best rating of A+/XIV
    2.   Non-auditable
    3.   Claims Made or Occurrence coverage trigger options for
         errors and omissions coverage
    4.   Employment Practice Liability coverage extends to “placed
         employees” of the temporary staffing firm
    5.   Blanket Waiver of subrogation under the General Liability
    6.   Third Party Fidelity coverage (on client site) available by
         endorsement
    7.   Business Income and Extra Expense – Actual Loss
         Sustained coverage available
    8.   Interest-free installments available for accounts that
         generate at least $2,000 in premium

Types of Staffing Firms We Serve:

    •    Temporary Staffing
•   Recruiting and Placement Services
    •   Temporary to Hire
    •   Employee Leasing/PEO
    •   Independent Contractors



                                       Work First Casualty is a
                                       workers’ compensation
                                       carrier providing insurance
                                       solutions solely to the staffing
                                       industry. As the only
insurance company focused exclusively on the staffing industry,
they understand the unique challenges you face every day. They
also understand that after people costs, workers’ compensation is
your company’s largest expense. A focus on performance and
service by a team comprised of staffing and insurance veterans is
supported by solid financial backing. By working with them, they
hope you will come to see the insurance premiums you pay as
more of an investment than an expense. Your investment in Work
First yields real dividends in the form of industry-specific and
industry-best claims management, loss prevention, and
underwriting services.

For additional information on any of our sponsors, please visit
their website by clicking on their logos.

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Assurance Staffing Connection - May 2011

  • 1. Market Update: Trusted, dependable, specialists. New Illinois Court Decision Impacts Temporary Staffing Serving staffing clients since 1961. Firms and PEOs Nationwide Where we’ll be: In a recent Illinois First District Appellate Assurance Staffing Practice Court decision, the following Westfield representatives will be attending Insurance Company additional insured or sponsoring the following endorsement was evaluated: upcoming event(s): CSP Staffing & Recruiting Conference 2011 Who Is an Insured is amended to include as an additional insured May 19- 21, 2011 any person or organization for whom you are performing San Diego, CA operations when you and such a person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional NACE Experience! 2011 insured on your policy. July 24-27, 2011 Reno, NV Assurance speaking engagement The First District construed this endorsement language narrowly, finding that additional insured status would only trigger for persons or organizations that are direct contracting parties with 2011 NISA National Convention the named insured. The above additional insured language fails to September 7-9, 2011 provide coverage to any party without a direct contract with the Chicago, IL named insured. NAPEO This ruling is important because it affects not only the parties one September 12-14, 2011 is seeking additional insured protection from, but also those Orlando, FL parties one is expected to protect as additional insureds. Where this language exists, a party seeking additional insured status must have a direct contract with the party providing protection, 2011 Staffing Industry Analysts and the contract must specifically require additional insured Healthcare Staffing Summit protection. Although the case in question interpreted language September 22-23, 2011 found in a Westfield policy pertaining to a construction-related Philadelphia, PA accident in Illinois, this or similar wording is found in additional insured endorsements issued by other carriers and will likely be Assurance key facts: adopted by other states. • Over 400 staffing clients • Located in 50 states Important Takeaways: • 22 workers' compensation markets • 30 insurance professionals focused • This is a ruling that can impact the staffing and PEO exclusively on staffing industries • Dedicated claims advocacy team • The referenced additional insured wording in this ruling is • Certified ASA continuing education common in the insurance industry and is not unique to provider any one insurance carrier
  • 2. Many staffing firms and PEOs enter into agreements with third party vendors that require the staffing firm to name Proud members of: the third party vendor and several others as additional • American Staffing Association insured under the general liability; if this wording is found • National Association of Professional in your policy's additional insured endorsement, you Employer Organizations MUST have a direct contract or signatory relationship with the third party vendor and each company you are naming • National Independent Staffing as an additional insured Association • Failure to have additional insured protections for the • Staffing Services Association of contractually required parties may result in a lack of Illinois anticipated additional insured protections; such lack of • TempNet additional insured status could result in litigation brought • Over 20 state associations against your company under the theories of breach of contract, which is not covered under standard general liability forms Contact an Assurance representative: Important First Steps: Mike Atieh, ARM, SCLA, CPCU • Evaluate additional insured wording for all of your existing matieh@assuranceagency.com contractual relationships and those going forward; if your 847.463.7207 policy has an additional insured form with limited wording, work with your insurance broker and attorney to Robert Barrese ensure contract compliance bbarrese@assuranceagency.com • If you request to be named as an additional insured on 847.463.7183 your client's policy, obtain an additional insured endorsement from your client in addition to the Certificate of Insurance and make sure you have a direct contract Jim Breck, SCLA with each party you require to name you as an additional jbreck@assuranceagency.com; insured 847.463.7165 • Develop a system to review the thoroughness of additional insured language and confirm whether a direct Robert Dunn, CPCU, ARM, AU contract is in place with each entity requiring you to list rdunn@assuranceagency.com them as an additional insured 847.463.7258 We urge temporary staffing firms and PEOs to consider the Jeffery Friedrich, ARM,CPCU potential impact of this ruling on their own business and consult jfriedrich@assuranceagency.com with their insurance broker and their attorney as appropriate. 847.463.7236 Guy Jacobucci Staffing Practice Update: gjacobucci@assuranceagency.com Assurance Ranked 2nd Best Place to Work in Chicago by 847.463.7233 Crain's Chicago Business Kurt Murray Assurance was recently named the 2nd Best Place to Work in kmurray@assuranceagency.com Chicago according to the 2011 Crain's Chicago Business ranking. 847.463.7154 This is the fourth consecutive year Assurance has finished in the top 10, climbing each year from number 9 up to number 2. Diane (Bozic) Poljak, ARM dpoljak@assuranceagency.com In determining their rankings, Crain's placed great emphasis on 847.463.7298 the degree to which employees feel involved and committed to their work, which they referred to as employee engagement. Key Jeff Tuisl, CPCU factors in engagement include open and transparent jtuisl@assuranceagency.com management, clear communication of company goals and obvious 847.463.7245
  • 3. paths to promotions. Quote of the month: “To guarantee success, act as if it Assurance has been privileged to be honored by some very highly were impossible to fail." regarded publications over the years. Click here for a full list of accomplishments. - Dorothea Brande Client Resources (access additional resources online): Risk Management Product Discounts www.assurancestaffing.com Access discounted pricing on quality and innovative risk management products such as background checks, drug testing, integrity testing, safety videos, and protective equipment at http://assurance.riskproducts.com. Sponsor Highlights CRC Insurance Services is a leading Wholesale Insurance Brokerage Firm, specializing in Property, Casualty, and Professional risks. CRC wrote over $1.7B in premium during 2010. Of that amount, roughly $315M came from the placement of Professional Liability policies - including those for staffing companies. Philadelphia Insurance Companies (PHLY) specializes in the temporary staffing industry. PHLY understands how to provide a flexible and comprehensive insurance program for risks all across the United States. Below are 8 reasons to choose Philadelphia Insurance Companies for Temporary Staffing Agencies: 1. Admitted paper and solid AM Best rating of A+/XIV 2. Non-auditable 3. Claims Made or Occurrence coverage trigger options for errors and omissions coverage 4. Employment Practice Liability coverage extends to “placed employees” of the temporary staffing firm 5. Blanket Waiver of subrogation under the General Liability 6. Third Party Fidelity coverage (on client site) available by endorsement 7. Business Income and Extra Expense – Actual Loss Sustained coverage available 8. Interest-free installments available for accounts that generate at least $2,000 in premium Types of Staffing Firms We Serve: • Temporary Staffing
  • 4. Recruiting and Placement Services • Temporary to Hire • Employee Leasing/PEO • Independent Contractors Work First Casualty is a workers’ compensation carrier providing insurance solutions solely to the staffing industry. As the only insurance company focused exclusively on the staffing industry, they understand the unique challenges you face every day. They also understand that after people costs, workers’ compensation is your company’s largest expense. A focus on performance and service by a team comprised of staffing and insurance veterans is supported by solid financial backing. By working with them, they hope you will come to see the insurance premiums you pay as more of an investment than an expense. Your investment in Work First yields real dividends in the form of industry-specific and industry-best claims management, loss prevention, and underwriting services. For additional information on any of our sponsors, please visit their website by clicking on their logos.