What Is It?
Personal liability insurance protects your assets if you injure another person or damage someone else's property. It's known as third-party insurance because it protects you if a third party files a claim against you. If you are found legally responsible for causing an injury or property damage, your personal liability insurance will provide a legal defense, if necessary, and pay the claim up to the limits of the policy. Personal liability insurance can be purchased as part of a package policy (such as a homeowners or automobile insurance policy) or as a separate policy (such as a personal umbrella liability policy).
Determining Your Need for Personal Liability Insurance
Do You Need Personal Liability Insurance?
Some people mistakenly believe that personal liability insurance is necessary only if you are wealthy (and more likely to be sued because you have more assets than most people) or if you are reckless. However, we'd like to remind our clients from Hawaiian Electric Industries that accidents can happen anywhere or to anyone. You may, for instance, hit a bicyclist while driving to your job at Hawaiian Electric Industries, or accidentally spill hot coffee on your neighbor's arm. Your cat may scratch your neighbor's car or your friend may fall down your icy stairs. No matter how careful you are, you may one day be sued because you injured someone or damaged someone's property. Although you can't avoid all accidents, we'd like to show our clients from Hawaiian Electric Industries how they can transfer some of the financial risks they face to an insurance company by buying personal liability coverage.
Tip: Liability coverage under your policy may extend to your relatives as well. For instance, your father may be covered if he drives your car and injures another driver. Or, if your child accidentally breaks your neighbor's window, your policy may pay the damages resulting from the claim. Check your liability policy to determine how it defines a relative because the definition varies from policy to policy.
How Much Personal Liability Coverage Do You Need?
You probably need more liability coverage than you think you do, even if you have few assets to protect. Lawsuits and claims are being filed more frequently than in the past, and the cost of defending yourself may be high. If you have no liability insurance, you will likely have to pay the entire cost out of pocket. If you do have liability insurance, your insurance company might settle out of court because, in a major suit, your insurer's legal fees can exceed your policy's liability limit. In addition, juries frequently award damages that exceed the actual monetary amount of damage done. They award money for pain and suffering, mental anguish, and punitive damages. Even if you have liability insurance, you may find yourself owing money if court-ordered damages against you exceed the liability limits of your policy. If you don't have the money to pay damages now, your future earnings and assets may be subject to liens and/or garnishment.
Because there's no optimum amount for every individual, how much personal liability coverage you need depends partly on your tolerance for risk. Can you afford to pay the cost of a claim out of pocket or would even a small claim threaten your finances? For our Hawaiian Electric Industries clients who already have liability coverage, take a look at your current policy. Determine whether your liability limits are high enough, or if there are any coverage gaps you'd like to fill (see below for more information on coverage under typical personal liability policies).
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Basic Liability Protection Under a Homeowners or Automobile Insurance Policy
If you own a homeowners or automobile insurance policy or another type of property insurance (e.g., mobile home insurance or renter's insurance), you have basic liability coverage. These policies will protect you against many liability claims. Your insurance company will defend or settle claims and lawsuits brought against you and pay the sum owed for covered damages (bodily injury or property damage) up to the liability limits of the policy (usually $100,000 to $300,000 per occurrence). No deductible applies. If you want maximum liability coverage or if you want broader coverage, consider purchasing a personal umbrella liability policy (see below).
Tip: Bodily injury and property damage liability insurance for automobile owners is often mandatory under state law, although a few states don't require you to carry even basic automobile insurance. When required, mandatory minimum liability limits are usually low ($40,000 per accident is common). Bodily injury and property damage liability insurance for automobile owners is usually sold with split limits (e.g., $100,000/$300,000/$50,000), which means that your policy provides coverage up to $100,000 for any one person you injure, $300,000 for all the people you injure, and up to $50,000 for property damage.
Comprehensive Personal Liability Insurance Coverage Under A Personal Umbrella Liability Policy
What Is A Personal Umbrella Liability Policy?
A personal umbrella liability policy supplements the basic liability protection you already have by insuring you against large losses or losses not covered under your other personal liability policies. Although an umbrella policy is often added to existing homeowners or automobile policies, it can also be purchased as a stand-alone policy from a different insurer. In either case, your insurer will ordinarily require you to carry basic liability insurance with certain minimum limits.
Example(s): Before his insurance company would issue him a $1 million umbrella policy, Hal had to raise his homeowner's insurance liability limit to $100,000 and his automobile insurance liability limit to $100,000/$300,000/$50,000.
Higher Liability Limits than Basic Liability Coverage
One reason for Hawaiian Electric Industries employees and retirees to consider purchasing a personal umbrella liability policy is that it will provide you with a higher amount of liability coverage than a basic liability policy. Umbrella liability policies are normally issued with a liability limit of $1 million per occurrence. However, the umbrella policy may pay numerous claims of $1 million each per policy period, so your actual protection may be more. Some companies set limits, however, on how much can be paid out during the policy period or over a lifetime.
A common limit is $10 million. Since an umbrella liability policy is issued in conjunction with basic liability coverage, your total liability protection will be the combined limits of each policy. For instance, if you have an auto policy with a liability limit of $100,000 and a $1 million umbrella liability policy, then your total liability protection will be $1,100,000.
Broader Coverage than Other Types of Liability Insurance
An umbrella liability policy will protect you from losses not covered under basic liability insurance. It covers you against damages for unusual occurrences, including personal injury losses due to libel, slander, wrongful eviction, false arrest, and invasion of privacy. Your umbrella liability policy might also pay for damages incurred worldwide. In addition, an umbrella policy might pay a proportionate share of a claim even if your basic liability insurance policy cannot pay its portion, either because you failed to comply with the conditions of the policy or because the company itself has become insolvent.
Claims Are Paid Under an Umbrella Policy Only After Basic Liability Coverage Is Exhausted or Unavailable
If you have purchased an umbrella liability policy, it will pay a claim in one of two main ways after you have satisfied a deductible:
- If you are found legally responsible for injuring someone or for damaging property, your umbrella policy will pay that part of the claim in excess of the liability limits under your basic liability coverage
Example(s): Hal purchased a homeowners insurance policy (with liability coverage of $100,000) and a $1 million umbrella liability policy. When Hal's swimming pool sprang a leak and caused $25,000 worth of damage to his neighbor's yard, Hal's homeowner's insurance paid the total claim. However, when Hal was sued after a rotting oak tree on his property toppled and injured his neighbor's daughter, his homeowner's liability coverage paid only the first $100,000 in damages (the liability limit on his policy). The remaining $900,000 of the court-ordered settlement was paid by Hal's umbrella liability policy.
- Your umbrella liability policy will pay total damages for bodily injury and liability if the liability exposure is not covered under your basic liability coverage but is covered under your umbrella policy
Example(s): Hal borrowed his brother's lawnmower and ran over his neighbor's deaf cat that was napping in the yard. Because the damage was caused by non-owned property in Hal's care (which is specifically excluded from his homeowner's policy liability coverage), Hal's personal liability umbrella policy paid the $1,500 veterinary bill.
Caution: Although a personal umbrella liability policy is sometimes called excess personal liability insurance, it is really not the same thing. Excess liability insurance typically provides additional coverage only if the basic policy provides coverage as well, whereas an umbrella liability policy will provide coverage that is sometimes different than that provided under the basic liability policy.
What Personal Liability Insurance Does Not Cover
Although a personal umbrella liability policy covers more types of hazards than basic personal liability policies, no personal liability insurance policy will protect you against every loss you might face. All types of personal liability insurance generally exclude the following:
- Claims stemming from the insured's business or profession (some types of business activities may be covered under a homeowners or automobile policy, so it's important for Hawaiian Electric Industries employees to check their policy)
- Claims resulting from the insured acting intentionally to cause injury or damage
- Damage to property owned by the insured
Other common exclusions under a homeowners policy are damage caused by communicable diseases and acts of war. An automobile policy might exclude accidents and losses that occur overseas or while a vehicle is in transport. Umbrella policies often exclude liability losses related to aircraft, damages caused by watercraft not covered under your homeowners policy, or injuries suffered by someone covered by workers' compensation.
Questions & Answers
Can Anyone Purchase A Personal Umbrella Liability Policy?
Many Hawaiian Electric Industries employees are curious to know if anyone can purchase this policy. No. It's the underwriter's job to determine who may purchase a personal umbrella liability policy. Once an individual has applied for the policy, the underwriter will evaluate the application and may reject applicants who pose an undue risk to the company. For instance, broadcasters may be denied coverage because they face a high risk of claims alleging personal injury. Politicians and actors may be denied coverage because their jobs expose them to publicity. Individuals whose property poses a hazard (such as someone who owns an unfenced swimming pool) may also be denied coverage.
Is A Personal Umbrella Liability Policy Expensive?
Another question we receive from our clients from Hawaiian Electric Industries is in regards to how expensive the policy is. In relation to the coverage offered, it's not very costly! An umbrella liability policy will generally cost between $150 to $300 per year and will significantly expand liability coverage (typically $500,000 to $1 million of coverage). However, you may also pay more for your homeowners or automobile coverage if you are required to increase your policy limits.
How does the recent benefit rate increase effective August 1, 2020, impact the overall retirement benefits for employees of the Hotel Union & Hotel Industry of Hawaii? Employees need to understand how the increase from $34.92 to $35.92 per year of credited service translates into their calculated pension benefits, particularly those nearing retirement. Discussion on how these changes affect both current employees and potential retirees is crucial for informed decision-making regarding retirement timing and financial planning.
The recent benefit rate increase from $34.92 to $35.92 per year of credited service increases the maximum monthly retirement benefit to $1,257.20 for employees with 35 years of service. This change, effective August 1, 2020, means that employees retiring after that date will benefit from higher monthly pension payments. Those nearing retirement should factor in this increase when calculating their pension benefits, as it can significantly improve their financial security in retirement(Hotel Union Hotel Indu…).
What should employees of the Hotel Union & Hotel Industry of Hawaii consider when applying for pension benefits under the new amendments to the plan? It is essential for employees to recognize what benefits may apply to them based on their work history and service years. A thorough understanding of how the amended plan provisions relate to their individual circumstances will enable them to make more beneficial choices regarding their retirement options.
Employees must consider how their years of service and the recent amendments, like the benefit rate increase, apply to their personal circumstances. Delaying retirement past August 1, 2020, may lead to higher pension payments. It’s crucial to consult the Trust Fund Office to understand how these changes affect individual benefit calculations and make informed retirement decisions based on their work history(Hotel Union Hotel Indu…).
In what ways do the new rules regarding the Required Minimum Distribution (RMD) affect employees of the Hotel Union & Hotel Industry of Hawaii? Employees must grasp the nuances of the new RMD timeline, particularly how it has shifted from age 70-1/2 to 72, impacting their pension benefit distribution strategies. This updated rule introduces significant planning considerations for those continuing to work past age 70-1/2, including necessary adjustments to retirement timelines and financial sustainability.
The new RMD rules, effective January 1, 2020, have increased the age for required pension distributions from 70½ to 72. This change allows employees to delay their pension payouts until they reach age 72 or terminate employment, whichever comes later. Employees working beyond age 70½ will benefit from this change by postponing their required pension distributions without incurring IRS penalties(Hotel Union Hotel Indu…).
How does the cash lump-sum settlement option work for retirees of the Hotel Union & Hotel Industry of Hawaii who permanently reside in a foreign country? Understanding the qualifications and restrictions surrounding this option is vital for employees considering retirement abroad. Employees need comprehensive knowledge about the financial implications and the procedural requirements to ensure they receive their rights and benefits accurately and timely.
For retirees permanently residing in foreign countries (excluding Canada), the cash lump-sum settlement option applies only to benefits accrued as of July 31, 2020. Any benefits earned after that date must be paid as a monthly annuity. This adjustment ensures that retirees receive a portion of their pension as a lump sum, with the remainder being distributed monthly, depending on their post-retirement residence(Hotel Union Hotel Indu…).
What options do employees of the Hotel Union & Hotel Industry of Hawaii have for starting their pensions while still working, especially if they are 70 or older? Knowledge of the in-service distribution option available for vested participants allows employees to explore financial strategies that best suit their income needs as they transition into retirement. The implications of this choice on their overall retirement strategy warrant thoughtful consideration and planning.
Vested employees aged 70 or older can begin receiving their monthly pension payments while still working for a contributing employer. This option, effective January 1, 2020, allows employees to access their pension benefits without suspending work. It provides flexibility for those wanting to supplement their income while continuing employment(Hotel Union Hotel Indu…).
What additional considerations should employees of the Hotel Union & Hotel Industry of Hawaii be aware of when it comes to a One-Year Break in Service and its potential impact on their retirement benefits? Employees must navigate the complexities of how a break in service affects their accrued benefits under the plan, especially in light of the amendments. Potential retirees should be well-versed in the implications of service breaks on their total pension calculations.
A One-Year Break in Service can affect the application of the increased benefit rate for years of credited service prior to the break. Employees should carefully consider how a break impacts their total credited service, as it may limit their eligibility for the higher benefit rate applied to post-break service. Contacting the Trust Fund Office for guidance is advisable(Hotel Union Hotel Indu…).
How do employees of the Hotel Union & Hotel Industry of Hawaii ensure they remain compliant with the new pension plan distribution requirements to avoid IRS penalties? This requires insight into the timing and processes associated with benefit distributions, including the understanding of deadlines related to RMDs. Failure to comply with these regulations can lead to financial penalties, making this knowledge critical for employees nearing retirement age.
Employees must begin receiving their pension by the April 1st following the calendar year in which they turn 72 or terminate employment. Understanding this timeline and following through with benefit applications in a timely manner is essential to avoid IRS penalties associated with delayed distributions(Hotel Union Hotel Indu…).
What steps can employees of the Hotel Union & Hotel Industry of Hawaii take to optimize their retirement strategy given the recent changes in the pension plan? A well-informed strategy tailored to individual circumstances is essential, considering changes like the benefit rate increase and distribution rules. Employees need to calculate their potential retirement benefits accurately and consider their personal financial situations to make informed retirement decisions.
Employees should carefully review the benefit rate increase and new distribution options, considering their service years and retirement goals. Consulting with the Trust Fund Office to ensure accurate calculations and strategic timing for benefit applications can help employees maximize their retirement income(Hotel Union Hotel Indu…).
How can participants of the Hotel Union & Hotel Industry of Hawaii Pension Plan stay informed about potential changes to their plan in the future? Ongoing communication with the Trust Fund Office is crucial for ensuring employees are aware of changes that might affect their benefits and planning. Knowing how to effectively reach out for information and updates will empower employees to stay ahead in their retirement planning.
Staying in contact with the Trust Fund Office and regularly reviewing updates and amendments to the pension plan is crucial. Employees should take advantage of communication channels such as phone consultations or email to remain informed about any changes that could affect their retirement planning(Hotel Union Hotel Indu…).
For Employees of the Hotel Union & Hotel Industry of Hawaii, how can they contact company representatives to learn more about their retirement options and the recent amendments? Understanding the best practices for reaching out to the Trust Fund Office for assistance reflects the company’s commitment to supporting employees during their retirement planning process. Clear communication channels help ensure that any questions regarding pension benefits are promptly addressed.
Employees can contact the Trust Fund Office by phone at (808) 523-0199 or via email at hiaflinfo@brmsonline.com during business hours. Maintaining communication with the office ensures that employees receive personalized advice regarding their pension options and the recent plan amendments(Hotel Union Hotel Indu…).