Риск и управления рисками в сфере государственных закупок: основные определения

This element also does not mean that you must take whatever steps are available to you regardless of the cost. The duty you owe to your invitees is that of ordinary care. In other words, the degree of care that is ordinary given the set of circumstances that are encountered. Usually, ordinary care is the degree of care that others in the same or similar circumstances would exhibit. In this regard, it is generally a good idea to stay abreast of the steps that your neighbors and peers are taking. For instance, if the other warehouse operations in your area have security guards after dark, it is likely that ordinary care will dictate that you have them also.

The final element conditions your liability in that the injury must have resulted primarily from the failure of the owner/operator to exercise ordinary care. Your negligence must have been the proximate or immediate cause of the loss.

YOUR LIABILITY FOR CUSTOMERS GOODS ...

Are you covered?

Most insurance policies do not provide coverage for your liability for damages to customers property. In the case of owner/operators of Mini-Warehouse facilities, some specialty programs offer this coverage to you as an optional coverage. This coverage protects you from damages which you become legally obligated to pay because of property damage to customer's property.

In spite of your rental contract, tenants will almost always look to your business for responsibility for property losses that occur while their goods are on your premises. In most suits, the tenant turned plaintiff will allege that the goods were in your care, custody and control and that you are responsible.

Under this coverage the insurance carrier will provide you a legal defense for these type allegations. In addition, if you are proven legally liable, indemnity benefits would be payable.

Certain exclusions and limitations apply to this specialized coverage so consult with your agent for details. However, this is an important coverage that most insurance programs do not offer. IRM specializes in your industry and this custom coverage enhancement is demonstrative of our commitment to provide you with the products that are designed to meet your specific needs.

FORECLOSURE

Your Liability for the Sale and Disposal of Customers Goods

In the warehouse and storage industry it sometimes becomes necessary to exercise your lien rights against a customer who has defaulted in his payment obligation to you. Many times your recovery is enabled by: 1) locking out the tenant's access to their unit 2) seizure and sale of the tenants property. Due to the sensitive nature of this procedure, you should always consult with your local counsel or state association for procedures to follow in seizing property or evicting tenants. In most states the state Property Code dictates the legal obligations of landlords in a property seizure. Your state association will normally publish guidelines to follow in the exercise of your rights of foreclose.

Your rental contract should be drafted to conform with the state property laws. If your contract does not follow the state statutes, the state laws will always overrule what you have in your contract. Periodically, you should have your contract reviewed by counsel or use the state associations approved form.

Some Specialty Mini-Warehouse Programs may offer you coverage to protect you from damages which you become legally obligated to pay for negilent acts arsing from the sale, removal or disposition of a customer's property or lock-out of the customer's spaces. This coverage is entitled Sale and Disposal -Legal Liability. This coverage is an option that can be selected as an additional feature to enhance your coverage. It protects you from damages that result from these type actions taken against tenants.

Your foreclosure procedures should always follow the terms and conditions of your contract and all state property laws. However, in the event you are sued, it is nice to know you have your insurance company ready and able to provide you defense and indemnity benefits to protect you. Check with your insurance agent to determine if the additional coverages outlined in this article are included in your current policy and if not are they available as endorsements to enhance your current coverage.

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