Notice of Data Privacy Event

On February 22, 2021, Colonial Park Realty Co t/a Enders (“Enders”)announced a recent event that may have impacted the privacy of personal information relating to certain individuals and businesses. While Enders is unaware of any attempted or actual misuse of personal information in relation to the event, we are providing potentially affected individuals with information about the event and steps individuals may take to help protect their personal information should they feel it is necessary to do so. 

What Happened? On May 7, 2020, Enders became aware of suspicious activity in an employee’s email account. Enders immediately changed the employee’s email account credentials and began an investigation into the incident.  As part of the investigation, which was conducted with the assistance of third-party forensic specialists, it was determined that the employee’s email account was subject to unauthorized access from April 13, 2020 to May 7, 2020. Therefore, Enders conducted a thorough and time-consuming review of the account to identify any individuals or businesses whose sensitive information was contained in the account. Through the review, Enders determined that sensitive information related to certain individuals and businesses could be impacted. Although there is no evidence that this information was viewed by an unauthorized individual, Enders provided notice in an abundance of caution.

What Information Was Involved? The information that was potentially subject to unauthorized access included individuals’ name, date of birth, Social Security number, driver’s license number, passport number, financial account information, payment card information, health insurance information and medical treatment/diagnosis information.

What We Are Doing. Enders takes the security of personal information in its care very seriously. As part of our ongoing commitment to the protection of information in our possession, we worked with third-party specialists to reaffirm the security of our systems and to enhance the existing measures in place. We have taken and will continue to take steps to help reduce the likelihood of a similar situation from occurring in the future. Enders also notified state regulators of this incident.

What You Can Do.  We recommend you remain vigilant against attempts to obtain sensitive information through social engineering.  In addition, as a best practice, individuals should always carefully review their online accounts for unauthorized activity and report any instances of fraud to law enforcement.

Individuals with questions can call the dedicated assistance line we established for this incident at (833) 256-3155 Monday through Friday from 9:00 am to 9:00 pm Eastern Time and Saturday/Sunday from 11:00 am to 8:00 pm Eastern Time.

Steps You Can Take to Help Protect Against Identity Theft and Fraud

Monitor Your Accounts. We encourage you to remain vigilant against incidents of identity theft and fraud, to review your account statements, and to monitor your credit reports for suspicious activity.  Under U.S. law you are entitled to one free credit report annually from each of the three major credit reporting bureaus.  To order your free credit report, visit www.annualcreditreport.com or call, toll-free, 1-877-322-8228.  You may also contact the three major credit bureaus directly to request a free copy of your credit report.

You have the right to place a “security freeze” on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization.  The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent.  However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit.  Pursuant to federal law, you cannot be charged to place or lift a security freeze on your credit report.  Should you wish to place a security freeze, please contact the major consumer reporting agencies listed below:

Experian PO Box 9554 Allen, TX 75013 1-888-397-3742 www.experian.com/freeze/center.html  TransUnion P.O. Box 160 Woodlyn, PA 19094 1-888-909-8872 www.transunion.com/credit-freezeEquifax PO Box 105788 Atlanta, GA 30348-5788 1-800-685-1111 https://www.equifax.com/personal/credit-report-services/credit-freeze/  

In order to request a security freeze, you will need to provide the following information:

  1. Your full name (including middle initial as well as Jr., Sr., II, III, etc.);
  2. Social Security number;
  3. Date of birth;
  4. If you have moved in the past five (5) years, provide the addresses where you have lived over the prior five years;
  5. Proof of current address, such as a current utility bill or telephone bill;
  6. A legible photocopy of a government-issued identification card (state driver’s license or ID card, military identification, etc.);
  7. If you are a victim of identity theft, include a copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft.

As an alternative to a security freeze, you have the right to place an initial or extended “fraud alert” on your file at no cost.  An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file.  Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit.  If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting seven years.  Should you wish to place a fraud alert, please contact any one of the agencies listed below:

Experian P.O. Box 9554 Allen, TX 75013 1-888-397-3742 www.experian.com/fraud/center.htmlTransUnion P.O. Box 2000 Chester, PA 19016 1-800-680-7289 www.transunion.com/fraud-victim-resource/place-fraud-alertEquifax P.O. Box 105069 Atlanta, GA 30348 1-888-766-0008 www.equifax.com/personal/credit-report-services

Additional Information

You can further educate yourself regarding identity theft, fraud alerts, security freezes, and the steps you can take to protect yourself by contacting the consumer reporting agencies, the Federal Trade Commission, or your state Attorney General.

The Federal Trade Commission can be reached at: 600 Pennsylvania Avenue NW, Washington, DC 20580; www.identitytheft.gov; 1-877-ID-THEFT (1-877-438-4338); and TTY: 1-866-653-4261.  The Federal Trade Commission also encourages those who discover that their information has been misused to file a complaint with them.  You can obtain further information on how to file such a complaint by way of the contact information listed above.  You have the right to file a police report if you ever experience identity theft or fraud. Please note that in order to file a report with law enforcement for identity theft, you will likely need to provide some proof that you have been a victim.  Instances of known or suspected identity theft should also be reported to law enforcement and your state Attorney General.

For Maryland residents, the Attorney General can be contacted at 200 St. Paul Place, 16th Floor, Baltimore, MD 21202, 1-410-528-8662, www.oag.state.md.us

For New Mexico residents, you have rights pursuant to the Fair Credit Reporting Act, such as the right to be told if information in your credit file has been used against you, the right to know what is in your credit file, the right to ask for your credit score and the right to dispute incomplete or inaccurate information. Further, pursuant to the Fair Credit Reporting Act, the consumer reporting agencies must correct or delete inaccurate, incomplete or unverifiable information; consumer reporting agencies may not report outdated negative information; access to your file is limited; you must give your consent for credit reports to be provided to employers; you may limit “prescreened” offers of credit and insurance you get based on information in your credit report; and you may seek damages from violator. You may have additional rights under the Fair Credit Reporting Act not summarized here. Identity theft victims and active duty military personnel have specific additional rights pursuant to the Fair Credit Reporting Act.  We encourage you to review your rights pursuant to the Fair Credit Reporting Act by visiting www.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf, or by writing Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.

For New York residents, the Attorney General may be contacted at: Office of the Attorney General, The Capitol, Albany, NY 12224-0341; 1-800-771-7755; https://ag.ny.gov/.

For North Carolina residents, the Attorney General can be contacted at 9001 Mail Service Center, Raleigh, NC 27699-9001, 1-877-566-7226 or 1-919-716-6000, www.ncdoj.gov. You can obtain information from the Attorney General or the Federal Trade Commission about preventing identity theft.

For Rhode Island residents, the Attorney General may be contacted by mail at 150 South Main Street, Providence, RI 02903; by phone at (401) 274-4400; and online at www.riag.ri.gov. There are 0 Rhode Island residents impacted.

For Washington, D.C. residents, the Office of Attorney General for the District of Columbia can be reached at 441 4th Street NW, Suite 1100 South, Washington, D.C. 20001; 1-202-442-9828; https://oag.dc.gov.

TwitterFacebook

Covered for Outdoor Dining?

When is outdoor dining not really outdoors?

Restaurants seeking new ways to stay operational during the pandemic are constructing temporary structures to extend the outdoor dining season. Yurts, plastic pods, greenhouses, shanties and tents are popping up as restaurants work to serve customers while limiting exposure to COVID-19.

Use of these structures without proper safety precautions and adequate protections for customers and employees could lead to unforeseen legal and safety consequences.

Before setting up temporary accommodations at your establishment, consult with local authorities, your attorney and your insurance agent. Here are some common considerations:

GENERAL LIABILITY
  • Ensure the structure complies with all local building codes and zoning ordinances.
  • If hiring a contractor to build the structure, treat it as if building a brick-and-mortar addition to the property.
  • Insist on a contract that calls for the contractor to have insurance and language requiring the contractor to defend, indemnify and hold the business harmless should anything go wrong during the construction and erection of the structure.
  • Obtain proof of professional errors and omissions liability insurance from any firm involved in the design of the structure.
  • Ensure that the contractor who builds the structure can provide proof of completed operations insurance coverage to protect your business should the structure fail sometime after it is completed. Push for this completed ops coverage to last at least two years.
  • Pay attention to the walking surface near structures placed in parking lots, on sidewalks or even in streets (with approval of local authorities.) Are there potholes, cracks or areas of heaved pavement that could cause employees and customers to trip?
  • Notice the proximity of these outdoor structures to active traffic. What is the speed limit on the adjacent roadway? Is there adequate separation between traffic and the temporary structure to keep everyone in them safe? Will local authorities reduce the speed temporarily? Can the street be closed, or can you at least place cones or other warning devices to alert drivers to the presence of people so close to the street?
  • Securely tape any electrical cords running through the structures or cover them with heavy-weight floor mats to prevent anyone from tripping and potentially tipping over heaters or light poles.
PROPERTY

One of the greatest property related concerns with temporary structures is the flammability of the tent fabric. Temporary structures should be constructed using only approved fabrics that comply with National Fire Protection Association standards. This will ensure proper flame resistance ratings. Local authorities likely will require a certificate showing that the tent materials meet NFPA-701 code.

Prior to setting up the temporary structure, consult local authorities for specific guidance on proper setup and placement of the structure. Items to consider:

  • Whether buying and erecting a prefabricated structure or having the structure built to design specifications, ensure the structure is designed to withstand anticipated weather conditions. Know the maximum wind speed and snow load the structure can withstand.
  • Placement of the structure should not obstruct egress from any buildings, fire department vehicle access or access to firefighting equipment such as hydrants, fire department connections and building sprinkler valves.
  • Tent structures should allow at least 10 feet between stake lines for emergency egress.
  • The immediate 10 feet around the structure perimeter should be free of combustibles and combustible storage.
  • Limit fire hazards such as combustible storage or debris, smoking and heating equipment. Post NO SMOKING signs. Portable fire extinguishers required in the tent structure should be clear and accessible.
  • Use only listed appliances, such as cooking and heating equipment.
    • Locate containers for LP gas heaters at least 60 inches from the tent structure and comply with NFPA-58 Liquified Petroleum Gas Code.
    • Connect electrical heaters to an electrical source suitable for outdoor use and adequately sized to handle the electrical load.
WORKERS’ COMPENSATION

One of the greatest workers’ compensation risks is the safe transportation of food to the outside eating area. When possible, consider the following guidelines for employee safety:

  • Use carts to transfer items from restaurant to the outside area.
  • Limit the need for employees to cross vehicular traffic patterns.
  • Position the exterior eating area adjacent to the restaurant.
  • Ensure employees receive rest when needed and understand to drink water on a regular basis.
  • Provide some services in the tent such as warmers to store food items and drink preparation stations. If warmers or temporary food stations are used, are items filled in the kitchen and transferred in the warming unit? If so, is the path for travel of service equipment in good condition?
  • Adjust to bad weather conditions. If possible, create shelter for servers leaving the restaurant and delivering food to the outside eating area.
  • If heat inside the structure is being used, ensure proper ventilation for products of combustion.
  • If the structure is covered, be sure openings are clear of debris and large enough for servers to enter easily. Additionally, ensure there are open traffic patterns between individual tent systems.
MORE INFORMATION

Centers for Disease Control and Prevention’s Considerations for Restaurant and Bar Operators

California Department of Public Health’s COVID-19 Industry Guidance for Restaurants

Occupational Safety and Health Administration Alert for Restaurants

National Fire Protection Association Building and Life Safety Issues for Tents

This loss control information is advisory only. The authors assume no responsibility for management or control of loss control activities. Not all exposures are identified in this article. Contact your local, independent insurance agent for coverage advice and policy service. Neither The Cincinnati Insurance Company nor its affiliates or representatives offer legal advice. Consult with your attorney about your specific situation.


Post drafted by the Cincinnati Insurance Companies Loss Control department. This team provides risk management and loss control services to our independent agency partners and their commercial clients. Knowledgeable, experienced representatives are dedicated to mitigating exposures through assessment, consultation and implementation of effective control measures for all lines of business.

TwitterFacebook

Is your liability coverage short circuiting?

Is your liability coverage short circuiting?

Contractors Need Errors & Omissions Insurance

You’ve built your business through professional service and thorough work. Electrical contractors offer a wide range of services: low voltage or high voltage, inside wiring or traffic signalization, industrial or institutional. But occasionally things go wrong. Working with Enders to review your business insurance program can help you to move forward during the most challenging claims. 

If you are relying solely on the General Liability of your Commercial Package or Businessowners Policy to respond in the event of a loss, you’re rolling the dice. This might not be enough given the complexity of your work. While General Liability will typically respond for damage that you cause to person, or property, it is not broad enough to protect against Errors & Omissions. 

Fortunately, Contractors Errors & Omissions Coverage can be incorporated into your insurance program to protect you after you complete a job and you are held responsible for faulty: installation, workmanship, materials and design. Beyond payment of claims, Contractors Errors & Omissions Coverage could include legal fees to defend you in addition to your policy limit.  

Even with a  spotless claims history, mistakes can happen. One uncovered loss could change the entire trajectory of your business. 

Imagine that you design and install an electrical system with wiring under the concrete ground floor for a new store. After the store opens, the owner asks you to correct wiring that can’t handle the power load. General Liability will not respond. Consider the installation of a circuit breaker that was recalled, but used in a job because it was already on your truck. If the load is too great and the breaker fails and causes a catastrophic fire, your General Liability will not respond.  

Simply put, your Contractors Errors & Omissions carrier will pay sums that you become legally obligated to pay as damages because of a covered claim. The damages must have resulted from: 

  • A negligent act, error or omission while acting in the business capacity described in the declarations of the policy  
  • A defect in material or in a product sold or installed by the insured while acting in that capacity 
TwitterFacebook

Impact of Early Move Re-opening on Insurance

Enders Joins Peers

Governor Wolf and the Pennsylvania Insurance Department recently made several public statements regarding provisions in many types of insurance policies that could exclude coverage for businesses or individuals “engaging in illegal acts or conduct”.  We believe that most policyholders recognize that insurance, in general, does not provide coverage for illegal or criminal acts, regardless of the current COVID-19 pandemic or measures that have been put in place in response.

While our elected officials debate the politics and impact on their constituents, our team remains steadfastly committed to educating our clients. We concur with our peers at Gunn Mowery, Horst Insurance, McConkey, Murray and Susquehanna Insurance that an early move from the Red Phase to Yellow Phase is a legal matter, with unintended consequences to individual insurance policies.

With patience and thoughtful discourse we can all survive and find new ways to thrive.

TwitterFacebook

COVID-19 Impact on Personal Auto Insurance

Loading...

Loading…

TwitterFacebook