Tim,
I agree, there is risk of not getting covered, if full disclosure is not
given. That is something that the WISP should consider in advance. (But
doesn't mean it won't be covered, as they'd need to prove that having the
bucket was something both parties typical would think relevant to disclose.
The insurance company wrote the contract and it would be their
responsibility to bring up the things that should or should not be
disclosed. I'd not suggest a WISP lie, if there was a question or text
referencing wether there was or wasn't a bucket, as that would guarantee not
getting covered.) But I think it is also relavent, what a WISPs intent is
for use of the truck and bucket. Someone that wants a bucket truck, but
only plans to use it once a month for the "tough" job, should not have to
pay the same high rate, as say a Lineman that may use the bucket all day /
every day around high voltage lines. Very few insurance companies have
provisions for that, as they do not have a way to control what the usage
will actually end up being. This means a WISP then needs to make cost
versus risk assesments, on what they want to do. I'd also argue, that it
would be rare for me to ever justify making an insurance claim, based on the
risk of loosing the insurance or no longer being able to afford it, after
making the claime. (except for extreme cases like someone falling and
breaking their neck). If the owner or a supervisor are the only ones that
will be using the bucket, more care can be taken and less risk taken, than
if the intent is for the truck to be used by all/any installers frequently.
Some people buy insurance for compliance to do business, not necessarilly
for the coverage itself. Just like every other type of insurance (health,
life, business, etc), one must waiver wether they really need insurance, or
can afford to pay to releive the risk or not.
Quite honestly, I'd rather take a chance of not getting covered in a bucket,
and minimize the risk of someone getting injured because they have the
bucket, than have the installer taking risks on a dangerous ladder all day
long. I'm not downplaying the risk involved for a bucket truck, I'm jsut
saying that Ladders are dangerous to, expecially for single man crew. I
know about more personal injury suits in the trades, via falling off
ladders, than any other cause.
Its not that I don't believe in insurance, or in doing it legitimately. Its
just that if a WISP is not careful, there insurance policy costs can put
them out of business, just having an uninsured injury. For example, many
"amusement" companies go out of business because they can't afford the
insurance and can't jsutify takingthe risk without it. I'd hate to see the
same thing destroy wireless companies.
I prefer to handle the issue from the other side... Inforce strong safety
policies and safety awareness education. The safety training is much less
expensive than the insurance and paying claims. Not that that negates the
need for insurance, but it will keep the rates down, if WISPs as an industry
don't put themselves in the position to be claim happy.
For the record, I personally do not have a bucket truck yet.
Tom DeReggi
RapidDSL & Wireless, Inc
IntAirNet- Fixed Wireless Broadband
----- Original Message -----
From: "Tim Wolfe" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, November 15, 2006 8:13 PM
Subject: Re: [WISPA] Insurance for use of bucket truck or lift for installs.
Tom DeReggi wrote:
If its a standard VAN / Truck body, Don't tell them about the bucket!
Call it a VAN, not a Bucket truck!
Tom DeReggi
RapidDSL & Wireless, Inc
IntAirNet- Fixed Wireless Broadband
As an insurance agent for the last 16 years in the state of PA(Besides
running a WISP too for the last 5 years), I can tell You that there are
some negatives to just "Not mentioning" the fact that it has a bucket on
it. The first one is that when You sign the insurance application(This
info. only applies to the state of PA where I am licensed, keep in mind
the every state has different insurance laws, but almost ALL of them
adopted the laws from the state of NY, as they were one of the first to
actually clamp down and adopt them, and this is what PA uses), there is a
paragraph that says all of the information You have submitted to the
insurance CO is correct and You then sign underneath it. It is a great
possibility that by "omitting" the fact that Your van had a bucket on it,
the CO could deny Your claim based on the fact that You chose to omit the
information about the bucket on purpose, as You knew this would stop You
from securing coverage?. While I do understand that securing the proper
insurance is becoming expensive, maybe even out of hand?, I do not want to
see You or any other small CO lose everything buy trying to cut corners
and get around something by being dishonest?. Almost all insurance have
something called "Good faith" agreements in them. This Good Faith
agreement is based on upon the fact that both You and the insurance CO
have been up front and honest with each other about what coverages You are
receiving from the CO and what type of risk the CO is actually insuring.
They fulfill their half by giving You a policy that specificly states what
they will and will not pay for, and You fulfill Your responsibility by
filling out the application with all of Your information so that the
insurance CO can decide what to charge You based upon the information You
provided them. If You lie, or as the politicly correct term used is "Omit"
some vital information that would stop the CO from issuing insurance, then
the contract is broken by You right up front, and this fact alone could
cause You some grave financial harm if You employee tears down some fiber
and/or phone lines. Just some food for thought.
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