Professional Lines

AmWINS is the leading professional lines insurance wholesale broker in the U.S., with the ability to handle a wide range of account size and complexity.

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Professional Lines Expertise

As a leading professional liability insurance broker of financial, professional, and management risks, our nationwide team of experts works directly with retail agents and brokers to effectively address and mitigate risks with strategies that provide coverage for both company and personal assets.

In addition to a complete range of solutions for high-risk professional liability clients, we offer the benefit of binding authority in a number of E&S markets, making it simple to write and place coverage. Annually, we handle more than 50,000 submissions and place nearly $700 million in premium.

Proprietary Products

As a leading professional lines broker, AmWINS is constantly looking to provide new product offerings for our clients. Our objective is to provide our brokers and retail clients with competitive proprietary products complementing the capacity delivered by our specialty carrier partners. With these products, retailers gain a distinct advantage in the marketplace.

Small Account Binding Authority

Through AmWINS Access, our company’s nationwide binding and small business platform, you benefit from industry-leading technology which both simplifies and accelerates the process of handling small accounts. All of this leads to speed, efficiency, and the best possible terms for your insureds.

Leading London Platform

AmWINS brokers use the expertise of our London-based colleagues at THB Group to market on behalf of our U.S. retail clients, giving our retail partners the assurance that we are using the full resources within the AmWINS organization to solve their clients’ problems.

Value-Added Services

We provide our retail partners with the enhanced coverage benefits necessary to build lasting relationships with their clients. As part of our broad professional lines coverage solutions, we offer a suite of extended consultative services relating to:

  • Liability risk management
  • Claims advocacy
  • Placement strategy
  • Market selection
  • Form review
  • Risk differentiation
  • Strategic program structure

Areas of Specialty

  • Crime, Fiduciary, Kidnap + Ransom
  • Cyber Liability
  • Employment Practices Liability
  • Management Liability (D&O)
  • Medical Malpractice/Allied Medical
  • Professional Liability
  • Transactional Risk (Reps + Warranties)

Recent Insights

OSHA: Priorities, Inspections, and Citation Defenses

Aug 26, 2016, 18:31 PM
Despite the heavy burden on employers, since its inception, OSHA's programs and policies have dramatically improved employee safety. It's important that employers know about OSHA requirements and exemptions, which could make or break a citation defense.
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Date : Aug 11, 2016, 04:00 AM
In 2014, one in five worker deaths was construction-related; nearly 20.5% of worker fatalities in private industry were connected to construction. Dubbed the “Fatal Four,” accidents categorized as “falls,” “electrocutions,” “struck by object,” and “caught in-between” are consistently responsible for more than half of the construction-related fatalities.
 

What is OSHA?

 The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (“OSHA”) in order “[t]o assure safe and healthful working conditions for men and women.” In this, OSHA is authorized to enforce the health and safety standards contained in Title 29 of the Code of Federal Regulations. OSHA operates as part of the United States Department of Labor. Generally, the Act covers private sector employers and their workers in all 50 states and certain territories. Additionally, the Act authorizes states to develop and maintain their own programs under an OSHA-approved state plan. Currently, more than 20 states maintain their own job safety and health plans, which are approved and overseen by OSHA. The programs are required to adopt and enforce standards that are as effective as the federal standards.

In addition to the federal regulations, which set forth federal health and safety standards, state and national emphasis programs are enacted to address particular concerns. Recently enacted federal OSHA special emphasis programs focus on hazardous machinery, shipbreaking, and primary metal industries. Local emphasis programs contain enforcement strategies tailored to specific jurisdictions. Current emphasis programs in California, for example, address confined space safety and heat illness.
 

OSHA Inspections

OSHA inspections are generally conducted with little or no advance notice. According to OSHA, inspections target imminent danger, catastrophes and fatalities, worker complaints and referrals, severe violations, and high injury or illness rates. The inspection process usually entails an opening conference, walkthroughs, interviews, and a closing conference. Employers have several rights, such as the right to a copy of the complaint and the right to protect trade secrets. It is therefore important that employers are aware of these rights and that they consult with legal counsel throughout the inspection process.

At the end of an inspection, a citation may be issued for allegations of standards violations. When an employer receives a citation, the citation must be posted in specific locations for the longer of three days or until the violation is abated. Penalties for violations in a citation can vary from $0 to $70,000 as set forth in 29 U.S.C. § 666. A lengthy appeal and review procedure is available to the employer if the employer does not agree with the citation.
 

Defending an OSHA Citation

Frequently, an employer may seek to defend a citation by establishing unpreventable employee misconduct or lack of employer knowledge. For this and other reasons, documentation is critical. Therefore, best practices suggest that an employer designate an employee responsible for maintaining safety-related records. Relevant records may include, for example, training manuals, safety brochures, training session materials, training session attendance sheets, procedures taken to abate any violations, and evidence of enforcement when employee violations occur. Documentation of internal or third-party safety audits are solid support of the safety efforts by the employer. However, it’s important for the employer to know the difference between an insurance carrier’s “inspection” to determine risk attributes and representations and an actual safety audit performed by a professional Safety Engineer. Inspections are to determine risk acceptance while audits are done to achieve risk avoidance.
 
Notably, employers should stay apprised of the record keeping requirements and exemptions under the regulations, such as the requirement that the employer maintain records of serious employee injuries and illnesses on OSHA Form 300.

In addition, employers should be advised that certain events must be promptly reported to OSHA. In this, any work-related fatality must be reported to OSHA within eight hours and all work-related inpatient hospitalizations, amputations, and losses of an eye must also be reported to OSHA within eight hours.
 

Summary

Although the rules and regulations impose record keeping, reporting, and inspection obligations which places a heavy burden on employers, since its inception, the programs and policies institutionalized through OSHA have dramatically improved employee safety. OSHA seeks to reduce the number of work-related injuries and deaths that occur each year and have been successful at that. According to OSHA, since 1970, workplace fatality rates have been reduced by more than 66 percent and occupational injury and illness rates have declined by 67 percent.
 

 
ABOUT THE AUTHOR 
Richard Glucksman is a founding partner of Chapman, Glucksman, Dean, Roeb & Barger which has offices throughout California. Mr. Glucksman is an AV Preeminent Rated Lawyer with Martindale-Hubbell, which is the highest rating available. He has been named “Super Lawyer” for the last 8 years, including 2015. He is well known in the construction and business legal community for his representation of builders, developers and business clients. Mr. Glucksman specializes in complex multi-party litigation, including construction defect claims, environmental, commercial, business and catastrophic casualty litigation.
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