{"id":58,"date":"2013-10-19T18:38:37","date_gmt":"2013-10-20T01:38:37","guid":{"rendered":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/?page_id=58"},"modified":"2013-11-07T21:18:05","modified_gmt":"2013-11-08T04:18:05","slug":"legalities-and-insurance-issues","status":"publish","type":"page","link":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/the-million-dollar-question-guide\/legalities-and-insurance-issues\/","title":{"rendered":"Legalities and Insurance Issues"},"content":{"rendered":"<p>Acquiring insurance can be broken down into several sequential components \u2013 <img loading=\"lazy\" decoding=\"async\" class=\"alignright\" alt=\"\" src=\"http:\/\/thumb7.shutterstock.com\/photos\/thumb_large\/776821\/124465699.jpg\" width=\"150\" height=\"158\" \/>determining (1) what types of insurance you want and need, (2) finding a broker, (3) presenting the business plan to the broker, (4) finding an insurance company,\u00a0 (5) negotiating coverage, and finally, (6) abiding by any rules or regulations your insurance company requires as a result of granting you coverage.<\/p>\n<p><strong>1. The Types of Insurance Required<\/strong><\/p>\n<p>There are two main drivers determining what insurance is required: the lease, and the government. \u00a0Commercial leases have sections dedicated to \u00a0insurance to ensure compliance. Lack of compliance results in eviction. The government also requires insurance\u00a0as a legally operating businesses,\u00a0 dependent on \u00a0employee numbers and the work they do.<\/p>\n<ul>\n<li><strong>General Liability &amp; Property<\/strong>, also known as a business owners policy. This is the catch-all insurance category specifically for your leased space \u2013 if someone hurts themselves in your space, if equipment gets damaged in some way, if something gets stolen, etc., this policy will cover it. \u00a0<a href=\"http:\/\/artisansasylum.com\/\" target=\"_blank\">Artisan\u2019s Asylum<\/a> has found that the cost of this insurance can be roughly predicted as\u00a0$0.20 \u2013 $0.40 per square foot per year.<\/li>\n<li><strong>Umbrella Policy<\/strong>. This insurance covers any overages that might be incurred if any one situation requires more money than your per-occurrence limit. \u00a0A common limit is\u00a0$3 million per occurrence\u00a0and\u00a0$3 million in aggregate\u00a0(to cover both a per-occurrence and aggregate overage situation). This insurance usually costs\u00a015-25% of the price of general liability &amp; property insurance.<\/li>\n<\/ul>\n<p>Landlords generally want to be named on all of your insurance policies as <em>additional insured<\/em>. This means that your insurance covers your landlord, in case someone wants to sue them or claim damages against them.<\/p>\n<p>Legislated insurance vary by province and country, but the common types of\u00a0<em>governmentally-required insurance<\/em>\u00a0are:<\/p>\n<ul>\n<li><em><a href=\"http:\/\/en.wikipedia.org\/wiki\/Workers'_compensation\" target=\"_blank\">Worker\u2019s Compensation<\/a><\/em>. This insurance pays for medical care to employees if they get hurt working for your business. The insurance is billed as a small percentage of the salary paid to employees. It\u2019s estimated at the start of a year, and then audited and adjusted at the end of a year.\u00a0\u00a0 The percentage varies from<strong>\u00a0<\/strong>.61% of total yearly salary\u00a0for clerical and administrative work, to\u00a03.17% of total yearly salary\u00a0for trade or vocational instruction.<\/li>\n<li><em><a href=\"https:\/\/en.wikipedia.org\/wiki\/Disability_insurance\" target=\"_blank\">Disability Insurance<\/a>.\u00a0<\/em>This insurance is a guarantee of an employee\u2019s earned income if they happen to be disabled due to an on-the-job accident. Statistics show that one in four employees will suffer a disabling injury before retiring, which is why this is a required in several provinces.<\/li>\n<\/ul>\n<p><b>2. Finding a Broker<\/b><\/p>\n<p>A broker is your liaison to an insurance company, which you may never talk to directly. The insurance company is the entity that provides your insurance, not the broker. Think of the broker as a real estate agent \u2013 they sound like they\u2019re speaking in your language, but they\u2019re actually speaking a dialect of your language to insurance companies. All brokers are not created equal; most are specialists. Contacting a machine shop, or manufacturing company regrading their broker is a good start in locating an appropriate broker for a makerspace.\u00a0It is important the broker understands the business plan, as they must be able to convince an insurance company to cover the endeavour.<\/p>\n<p><strong>3. Presenting the Makerspace<\/strong><\/p>\n<p>After locating a broker with experience insuring manufacturing-related businesses, they must be met in-person and brought \u00a0up to speed on the makerspace. Generally brokers are less interested in how money is spent, and more interested in how money is made. At this point, they\u2019re looking to understand the makerspace, so they can interpret the business plan into their insurance company dialect and present it appropriately.\u00a0 Makerspaces like <a href=\"http:\/\/artisansasylum.com\/\" target=\"_blank\">Artisan&#8217;s Asylum<\/a> had to provide the following information:<\/p>\n<ul>\n<li>A full business plan with projected expenses and income for an entire year.<\/li>\n<li>A signed lease with insurance requirements listed explicitly.<\/li>\n<li>A full list of staff (real or projected), their salaries, and a rough division of how much time they spend doing what kinds of tasks.<\/li>\n<li>An expected number of members and students that will make use of the space in the coming year.<\/li>\n<li>A copy of the membership agreement you have all members and students sign before using your space.<\/li>\n<li>A full inventory of machine tools, their dollar value, their age, their model numbers, their serial numbers, and their operators\u2019 manuals.<\/li>\n<li>A full set of training and testing syllabi used to train incoming members on said tools.<\/li>\n<li>Exact details on any alarm or door access system you use, how it\u2019s triggered, and how said alarms connect or are monitored by the outside world.<\/li>\n<li>The age, construction, and general character of your building \u2013 including when the roof was last serviced, if sprinklers are available, and so on.<\/li>\n<li>A full architectural plan showing all improvements planned for the next year.<\/li>\n<li>A dollar value for all improvements you have made or are planning on making to the building (electrical, mechanical, ventilation, etc.).<\/li>\n<li>Any and all plans for storage of hazardous materials, chemicals, and the like.<\/li>\n<li>A full safety plan, including evacuation routes, actions to take in various emergencies, incident report processes, and so on.<\/li>\n<li>The availability and coverage of security cameras, and policies regarding how long you save the data from them.<\/li>\n<\/ul>\n<p>It is important to be careful and be truthful during this stage, as these questions need answering before any company will be willing to insure you.<span style=\"color: #000000;\"><b>\u00a0<\/b>T<br \/>\n<\/span><\/p>\n<p>Note \u2013\u00a0it is not wise to present the makerspace as a new, ground-breaking type of business that your insurance broker has never heard of before.\u00a0The insurance profession is about quantifying and accepting known risk \u2013 not taking chances on unknown risks. Frame the business as a slight modification of an existing business. Some makerspaces have been insured as craft schools with a membership component to allow for extracurricular work, and others have been insured as a membership-enabled machine shop that offers training on its equipment.<\/p>\n<p>Once they\u2019ve got a good idea of the business plan and model, the broker is \u00a0going \u00a0<a href=\"http:\/\/www.thomcoins.com\/forms\/Acord\/acord126.pdf\" target=\"_blank\">fill out a couple of forms that look like this<\/a>, for every type of insurance being applying for.<\/p>\n<p><strong>4. Finding an Insurance Company<\/strong><\/p>\n<p><strong><\/strong>Once the application is complete, the broker will look to locate an insurance company to cover the makerspace. Insurance companies are grouped into markets that bid on insurance applications. The two main \u2018insurance markets\u2019 that the broker will choose from are:<\/p>\n<ul>\n<li><strong>\u2018Primary\u2019 Market<\/strong>: A primary market is a group of insurance providers that are vetted and approved by the province. These are the insurance providers seen on television ads like; Geico, State Farm, Allstate, etc. The broker is legally required to approach primary markets first. Primary market insurers tend to only be interested in low-risk known business models, and are unlikely to be interested in the makerspace market.<\/li>\n<li><strong>\u2018Secondary\u2019 Market:\u00a0<\/strong>The secondary market is a national group of insurance providers that aren\u2019t explicitly vetted by the province. These providers focus on high-risk entities, and in exchange for not knowing the general risks associated with the makerspace, they demand tremendous amounts of information about the business before they\u2019re willing to insure.<\/li>\n<\/ul>\n<p>It may help to tell the broker that you don\u2019t expect to find an insurance company in the primary market. They\u2019ll have to go through the motions of looking for insurers in it anyway, but they\u2019ll have more confidence in you and your knowledge of the insurance industry.<\/p>\n<p><strong>5. Negotiating Coverage<\/strong><\/p>\n<p>Negotiations will be conducted with the potential insurance company before a fixed quote is provided\u2013 or, if \u00a0a fixed quote is given, the company may have conditions to meet prior to getting insurance. Some conditions of insurance and negotiating points seen in makerspaces\u00a0included:<\/p>\n<ul>\n<li>Installing security cameras in shop areas.<\/li>\n<li>Installing heat detectors and fire suppression gear in welding areas.<\/li>\n<li>Installing a door access system or burglar alarm.<\/li>\n<li>Restricting access hours for members.<\/li>\n<li>Requiring members and students to be at least 18 years old.<\/li>\n<li>Requiring a tool training and testing process for all members, regardless of prior experience.<\/li>\n<li>Requiring employment policies such as conflict of interest, whistleblower, and sexual harassment.<\/li>\n<li>Not insuring particular aspects of your business (such as not insuring against theft if you\u2019re a 24-hour facility, or not insuring against certain types of natural disasters if you\u2019re in susceptible areas).<\/li>\n<\/ul>\n<p>These restrictions will likely loosen as you develop a history of good performance as a business, but may be required at the start to get an insurance company to give you the final check-off.<\/p>\n<p>One interesting negotiating point is asking for property to be insured as<em> At Cash Value<\/em><strong>\u00a0<\/strong>instead of\u00a0<em>Replacement Cost.<strong>\u00a0<\/strong><\/em>Replacement cost for property like tools means the insurance company will pay for brand-new tools to replace older tools if they\u2019re damaged, no matter what the wear on them may be. <em>At Cash Value<\/em> means that the insurance company will pay enough money to buy a tool that\u2019s equivalent in wear, tear, and age to the tool currently owned. The ability to offer \u201cat cash value\u201d instead (which is much lower cost and thus, lower risk to the insurance company) is a significant bargaining chip.<\/p>\n<p><strong>6. Follow the Rules<\/strong><\/p>\n<p><strong><\/strong>After the policy is closed \u00a0(if the building is big enough, or property value high enough) the insurance company will send an inspector to verify the building quality and floor-plan are consistent with the report.<\/p>\n<p>After that initial inspection it is expected to send updates to the broker if any significant changes in the business model occur. If there is an accident, \u00a0a group of inspectors will come to the site looking for violations of the plan or model submitted. If they find any discrepancies, they\u2019ll use that as an argument against covering the accident.\u00a0 Discrepancies could include having a tool on-site not included in the list; training members on the use of a tool in a way that wasn\u2019t documented, <strong><\/strong>not training your members sufficiently, not having features like cameras or door access systems that were promised, etc.<\/p>\n<p>If rules are followed, there is \u00a0little to worry about.\u00a0 If the rules are onerous, either find a quote with another company or use good behavior over the course of the business operations to petition for a loosening of the rules upon renewal.<\/p>\n<p><strong>Discussion:<\/strong>\u00a0 Insurance is a critical\u00a0topic for all businesses including makerspace enterprises. What are some of the most significant risks that you feel may be associated with setting up and operating a makerspace?<\/p>\n<p><strong>Discussion Summary:<\/strong> Based on cohort discussions, other factors that may be considered in this topic are:<\/p>\n<ul>\n<li><strong>Intellectual Property Issues<\/strong>: as serviceable and profitable devices are created within makerspaces, attention will shift to the intellectual rights to these devices, and how the owner of the &#8220;makerspace environment&#8221; takes a level of ownership over the devices the environment produced.<\/li>\n<li><strong>Safety Hazards:<\/strong>\u00a0<strong>\u00a0<\/strong>the makerspace environment, particularly construction technology, presents safety hazards to users. Liability of the makerspace in the event of injury or death is a topic that could be considered in the future, as well as coverage that best protects a makerspace owner from legal action as a result of tragedies within the makerspace.<\/li>\n<\/ul>\n<p>Please view the cohort experience in the comments below. If you are accessing this OER after November 3, 2013, you are welcome to further contribute to the discussion.<\/p>\n<table width=\"100%\" border=\"0\" cellspacing=\"0\" cellpadding=\"4\">\n<colgroup>\n<col width=\"128\" \/>\n<col width=\"128\" \/> <\/colgroup>\n<tbody>\n<tr valign=\"TOP\">\n<td width=\"50%\"><a title=\"Staffing\" href=\"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/the-million-dollar-question-guide\/staffing\/\">\u2190Last Page<\/a><\/td>\n<td width=\"50%\">\n<p align=\"RIGHT\"><a title=\"Samples of Makerspaces\" href=\"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/samples-of-makerspaces\/\">Next Page\u2192<\/a><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"<p>Acquiring insurance can be broken down into several sequential components \u2013 determining (1) what types of insurance you want and need, (2) finding a broker, (3) presenting the business plan to the broker, (4) finding an insurance company,\u00a0 (5) negotiating &hellip; <a href=\"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/the-million-dollar-question-guide\/legalities-and-insurance-issues\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3530,"featured_media":0,"parent":49,"menu_order":10,"comment_status":"open","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-58","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/pages\/58","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/users\/3530"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/comments?post=58"}],"version-history":[{"count":22,"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/pages\/58\/revisions"}],"predecessor-version":[{"id":685,"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/pages\/58\/revisions\/685"}],"up":[{"embeddable":true,"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/pages\/49"}],"wp:attachment":[{"href":"https:\/\/blogs.ubc.ca\/etec522makerspaces2013\/wp-json\/wp\/v2\/media?parent=58"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}