Using Vacuum Sanding Systems to Decrease Exposure to Drywall Sanding Dust

Generating dust on a construction site is a hazard of the profession. Workers sanding drywall joint compound may have the greatest exposure. They can be exposed to large concentrations of dusts and possibly silica as joint compounds are made from a variety of components such as talc, calcite, mica, gypsum, and silica. Some of these ingredients have been linked with mild to moderate eye, nose, throat, and respiratory tract irritation. However, continually breathing the dust from drywall joint compounds may cause severe throat and airway irritation, coughing, and breathing difficulties. Smokers or workers with sinus or respiratory problems are at risk for even greater health problems. When silica is present, workers may be exposed to an increased risk of silicosis and lung cancer.

Finding an appropriate solution to the problem is a double-edged sword. It is in an employer’s best interests to control dust exposure to cut down on health absences and the costs associated with these types of absences, but not at the expense of workflow. Material Safety Data Sheets provided by joint compound manufacturers have attempted to deal with the problem. Either they recommend wet sanding, which is generally avoided because of concerns about drying time and texture finish; or wearing respiratory protection, which many workers fail to wear properly.

The National Institute of Occupational Safety and Health (NIOSH) studied several sanding systems that use portable vacuums to capture and remove the dust before the worker is exposed to it. Their engineers compared the dust exposures from three pole sanding and two hand-sanding vacuum control systems with the exposures from traditional, non-ventilated sanding methods. The five commercially available vacuum sanding controls successfully reduced dust exposures by 80% to 97%. Four of the five sanding controls cut exposures by almost 95%.

In addition to lowering exposures, the engineers also found that vacuum-sanding systems can help both the worker and the employer in other ways. The reduction in airborne dust makes for a much cleaner work area both during and after sanding. For workers, the cleaner work environment is more comfortable; less irritating to eyes, nose, and throat; and less likely to require respiratory protection. For the employer it means that workers will be more productive, be absent less, and require fewer breaks for fresh air. There is a cost savings that results from a cleaner environment because it reduces cleanup time and the time spent in repairing or repainting stained floors and carpets.  These findings proved that using safety measures to protect worker health didn’t have to come at the expense of quality or cost-effectiveness.

Tips for Weathering Hurricane Season

Experts are predicting a 51 percent chance that a major hurricane will hit the East Coast before the hurricane season ends in December. Similarly, the chance of a major hurricane hitting the Gulf Coast between the Florida Panhandle and Brownsville, Texas, is predicted at 50 percent. Both predictions are well above long-term averages, which signals a potentially active hurricane season.

The Colorado State University’s Department of Atmospheric Science expects ten Atlantic Ocean hurricanes this year, five of which they say will be intense, ranging from Category 3 (111 mph) to Category 5 (sustained winds of 156 mph or more).

While 2009 was a below average year, it was just a few years ago that hurricanes Katrina and Rita physically devastated the Gulf Coast. Some areas still have not fully recovered.

Imagine how you would feel realizing the day after a hurricane tears through your neighborhood that you don’t have wind or flood insurance, which together provide the bulk of coverage against hurricane damage.

Review Your Policy

If you live in a coastal area, your homeowners’ insurance policy probably doesn’t provide wind coverage, let alone hurricane coverage. Flood insurance is also not included in your typical homeowners’ policy. Consider that many homes in Mississippi affected by Hurricane Katrina’s flooding were not in designated flood zones and were uninsured. In fact, 25% of all flood insurance claims are paid on homes in low to moderate risk areas.

A separate policy protecting your home against flood damage is a wise, relatively inexpensive investment. The federal government by way of the National Flood Insurance Program (NFIP) backs flood coverage. You should also be sure you are covered for wind damage.

Here are some hurricane season tips from the National Hurricane Center:

Secure Your Home

-Protect areas where wind and water can enter your home.

-One of the best ways to protect a home from windstorm damage is to install impact-resistant shutters over all large windows and glass doors to protect the doors and windows from wind-borne objects. They may also reduce damage caused by sudden pressure changes when a window or door is broken.

Family Disaster Plan

-Discuss the types of hazards that could affect your family.

-Locate the safest area to be in your home within your community.

-Have predetermined escape routes and places to meet.

-Have an out-of-state friend as a family contact so all your family members have a single point of reference.

-Have a pet plan in the event you need to evacuate.

-Post emergency phone numbers and be sure children know how to use the 911 system.

-Buy a National Oceanic and Atmospheric Administration radio and replace the batteries every six months.

-Take First Aid, CPR and disaster preparedness classes.

-Keep stock of nonperishable emergency supplies and have a disaster supply kit that includes:

1.   One gallon of water daily per person for three to seven days.

2.   Enough nonperishable food and juices for three to seven days.

3.   Cooking tools (including a non-electric can opener), fuel, paper plates and utensils.

4.   Pet care items including proper identification, immunization records, medication, an ample supply of food and water, a carrier or kennel and a muzzle and leash.

5.   Blankets and pillows.

6.   Medication/prescriptions.

7.   Cash (an ATM will not work without power).

8.   Important documents (keep in a waterproof container).

9.   Toys, books and games.

The Malpractice Cap: Order in the Court?

A few years ago, in a relatively small town in a quiet (not known for big lawsuits) area of the country, an Ob/Gyn (Obstetrics and Gynecology) doctor opened his new practice.  In helping the community while beginning to raise his family, he earned $300,000 in his second year.  Only seven years later, his malpractice insurance cost $300,000-and he had not reported a single claim!

Jury awards for medical malpractice in the U.S. have reached dizzying heights, prompting young doctors to flee states like Florida, New Jersey, Pennsylvania and others. For example, a March 20, 2003 article in the Pittsburgh Tribune-Review reported that the number of practicing doctors in the state, younger than 35, had fallen from 12.4% in 1989 to a mere 4.7% in 2000.  Other states report similar rates of defection.

Two other adverse results are astronomical insurance premiums for malpractice insurance, especially for thoracic and neurosurgeons, anesthesiologists and other specialists, and equally skyrocketing costs for healthcare (malpractice premiums alone can’t cover the claims).  Now the gloves are off, and several states have introduced legislation to cap pain-and-suffering awards at $250,000, though no one seems to be able to say how that figure is calculated.  There are mountains of data, of course, to support arguments for outright caps, no caps, graduated award tables and other approaches to the issue.  In many cases, it’s the same data.

How much is pain worth?  A 20 year old, maimed or disfigured for life through a doctor’s error, who gets a $250,000 award and lives to age 77 (life insurance table), has been awarded $12. a day or $8. a day after the attorney took 33%.

How much was Jesica Santillan worth?  Jesica died in the esteemed Duke University Medical Center in February 2003, after doctors transplanted lungs and a heart that were an obvious mismatch.  You might argue that she was an illegal immigrant whose parents smuggled her into the country to get medical care not available to her in Mexico.  But doctors could easily have made the same mistake to a Rhodes Scholar or Nobel Laureate.  Some argue that a person is a person, that all lives have the same value.  The passion on every side of the issue-and there are more than two sides-is sincere.

California passed MICRA, the Medical Injury Compensation Reform Act, in 1975, setting a $250,000 cap on non-economic damages.  $250,000 1975 dollars are worth $84,000 today.  Adjusted for inflation, the MICRA “cap” should be $897,000 today. 

Another critical element to the malpractice mosaic is the fee structure attorneys enjoy.  It’s an element under siege.  Should an attorney get a third or half of a jury award?  There may not be an all-purpose answer to the question.  Litigating a complex medical claim can be very time-consuming for attorneys, paralegals, and the experts hired to provide expert testimony.  Obviously, all the money in that fee doesn’t wind up in one lawyer’s pocket.  Defense is equally expensive, and those costs are borne by the malpractice carrier.  Lawyers who file frivolous suits cloud the picture even further.

Proposals abound to deal fairly with this complicated aspect of our culture.  Some advance sliding scale fees for attorneys; some propose different caps for different injuries.  New ideas appear almost daily.  But “local” climates prevail, as they have in other instances.  For example, you might suffer a malpractice injury in a Minnesota hospital, but you’re allowed to sue in your home state of Texas, which may be a friendlier jurisdiction.

Answers are neither fast nor easy, but with the problem out in the open in so many states, fair, rational solutions that reach across state lines and political ideologies may at least be on the horizon.

Policy Deductible Increases: The Safer Way to Save Premium Dollars

Money is still tight for many Americans, meaning most are still looking to save when and where they can. Some people have even turned to the their insurance policies as a place to cut costs. Insurance can be expensive, but consumers need to carefully ask themselves where and how they can really save money in this area without jeopardizing the protections offered by their coverages.

Two typical places that many insured individuals think they can cut the cost of their premiums are from reducing the dwelling/liability limits on their homeowner’s policy and reducing the liability limits on their auto insurance policy.

In reality, cutting the liability limits on these policies leaves you highly vulnerable to risk and will not ultimately save you any money over the long run. While you might save a few dollars now with such tactics, it really isn’t worth it when you stop to think about just how much you could lose if you were sued after someone was injured in your home.

If you want to decrease your premiums, a much more prudent way to do it is by increasing the deductibles in your auto and/or home policies. A deductible increase from $250 to $500 could save you up to 15% on your homeowner’s insurance premiums. You can save 30% or more on your premiums by raising the physical damage deductible on your auto insurance policy to $500 or $1000 dollars.

Some consumers get nervous about not having the $500 to cover their newly raised deductible should they need to file a claim. Since the situation doesn’t involve thousands of dollars in difference, it’s likely to be just as difficult for most people to come up with $500 as it would be $250. The only difference will be that the extra premium savings can be saved and set aside to cover the higher deductible from any future claims. In most cases, the additional $250 could be saved in less than 24 months.

If you’re nervous about taking the larger leap to a $1000 deductible, then you can always take a slow and steady approach. You might increase your deductible to $500 first. You can open a savings account for the premium dollars you’ll save each month from having a slightly higher deductible. Although it may take some time, you can eventually raise your deductible to $1000 when you have saved $500 to $750 dollars in the account.

Unlike lowering limits, deductible raises can save you money without placing you at a greater financial risk.

Understanding OSHA Illness & Injury Recordkeeping Requirements

In 2003, the most current statistics available, occupational injury and illness rates declined once more to 5.0 cases per 100 workers, thanks in great part to continuing efforts by OSHA to identify and correct hazards in the workplace.  OSHA is able to recognize workplace hazards by thoroughly tracking workplace injuries, illnesses and deaths.  Stringent requirements have been in place for record keeping of work-related illnesses and injuries since 1971.  To remain compliant and help OSHA continue to reduce workplace accidents and illnesses, it is crucial that employers understand their record keeping responsibilities.

First, a company must know whether they are required to keep records of work-related accidents, injuries, and illnesses.  Small businesses with 10 or fewer employees are exempt unless they are selected by OSHA or the Bureau of Labor Statistics to be involved in a mandatory data collection.  Some low-hazard classified industries in the retail, service, finance, insurance and real estate sectors, are also exempt.   A full list is available at www.osha.gov.  However, when a worker is killed on the job, and/or three or more workers are hospitalized, all employers covered by OSHA, including those who are exempt for the above reasons, must report to the agency within eight hours.

Secondly, it is crucial to know that work-related is defined as an event or exposure in the work environment that caused or contributed to the condition.  Injuries and illnesses are reportable even if an employee has a pre-existing condition that was significantly aggravated by a situation that occurred in the work environment.

To accurately follow OSHA’s record keeping guidelines, companies must know how to identify which work-related illnesses or injuries are reportable.  Those that result in death, loss of consciousness, days away from work, restricted work activity, job transfer or medical treatment, beyond first aid, must be reported.  Furthermore, employers must report any significant work-related injury or illness that is diagnosed by a licensed health care professional including work-related cases involving cancer, chronic irreversible disease, a fractured bone or a punctured eardrum.  Visit www.osha.gov for a full list of criteria that also includes any needle stick injury or tuberculosis infection. 

Though companies are not required to routinely submit their incident reports, they are expected to vigilantly record them as OSHA conducts random site visits and could otherwise request them at anytime.  There are three key required forms:

1.                  Injury and Illness Report (Form 301) This form details the incident and must be filled out within seven calendar days of learning that a recordable work-related injury or illness has occurred.   It must be kept on file for five years following the year to which it pertains.

2.                  Log of Work-Related Injuries and Illnesses (Form 300) This form is a running list of all work-related injuries and illnesses.  Employers must keep a log for each worksite.

3.                  Summary of Work-Related Injuries and Illnesses (Form 300A) This form totals the injuries and illnesses for the year and must be visibly posted at the worksite February 1 through April 30 of the year following the year indicated in the form.

Employers must know that their employees have the right to review their injury and illness records and that listing a case on the log does not mean the employer violated an OSHA standard or was at fault.  All the appropriate forms and instructions for completing them are available at www.osha.gov.

Insurance for Small Construction Businesses

Small construction businesses require several of the same types of insurance coverage that larger businesses need. In addition to this, there are types of coverage available that are specific to the construction industry. It’s best to speak with a qualified agent who has experience in insuring small construction businesses. Agents with experience are able to provide the best coverage options.

Property Coverage
Property insurance may be needed to provide coverage for any real property owned by the company. This coverage may also be needed to cover any personal property that is used for the business. The largest amount of property loss may involve equipment that is taken to varying sites and valuable machinery. Standard property insurance doesn’t provide coverage for such items. It’s necessary to purchase floaters from contract insurers for such items. Speak with an agent to learn what types of floaters are available and to determine which ones are the best choice for an individual business. It’s important to keep in mind that a building has a value that steadily increases as it’s being constructed. In order to ensure that it is covered properly, it’s best to purchase a special policy. This policy is called Builders Risk Insurance. Speak with an agent to learn how these policies work and what they cover.

Liability Coverage
Every small business needs liability coverage. In today’s litigious world, nearly anyone can file a claim stating that they were injured by or at a specific business. Since this is common, it’s important to be prepared to face such a situation by purchasing a good liability policy. Some small construction businesses may want to have their subcontractors purchase Owners and Contractors Protective Liability Coverage, which is also called OCP. This type of insurance covers a business owner or business property owner from liability resulting from negligence of their independent contractors or subcontractors. The subcontractor or contractor is the actual purchaser of this policy. However, the benefits and protection are credited to the business owner or business property owner who the contractor agrees to work for.

Business Vehicle Coverage
Personal car insurance policies often cover some business use of a vehicle. However, if the vehicle is used primarily for business, it’s unlikely that a personal auto policy will provide the same coverage. The policy will never provide coverage for a vehicle that is owned by a business. It’s important to have business vehicles insured with a policy that is specific for businesses. If a personal vehicle is involved in an accident resulting in injuries to others while being used for business, the injured parties can sue the insured individual personally. However, most policies don’t provide enough coverage to compensate in such a situation. It’s best to contact an agent to determine what amounts should be purchased for an individual business. 

Don’t Let Obsolete Driving Techniques Put You in Harm’s Way

It can be hard to hear your kids call your beloved television show reruns, choice of music, hairstyle, and/or clothes old school, but you’ll have to remember that you probably didn’t exactly jive with your parent’s choices either. While Elvis’s Rubbernecking may forever play in your head and never become dated in your eyes, you should realize that your driving techniques may be one dated area truly in need of an update. The advances made to automotive technology and in safety research have likely made most of what you learned as a new driver not only dated, but dangerous.

Here are six tips to bring your driving skills up-to-date and avoid jeopardizing your safety, as well as those around you.

1. Seat position – airbags have made seat positioning an important safety issue for drivers and passengers. When airbags were first placed in vehicles, they caused some serious injuries to drivers seated too close during a deployment. Even modern de-powered airbags can deploy at 150 mph and cause serious injuries if the driver isn’t seated at a safe distance. Position your seat 10-12 inches from the steering wheel.

2. Hand position – you probably learned to keep your hands palm-side down at 10 o’clock and 12 o’clock as you grip the steering wheel. Today, it’s recommended that your left hand be at 8 o’clock and your right hand be at 4 o’clock to help prevent your arms from tiring during prolonged driving. It’s also recommended to place your thumbs atop the steering wheel and wrap your fingers underneath the wheel.

3. Wheel turns – you probably learned the hand-over-hand method of turning the steering wheel. It’s now recommended to use a push-pull-slide method where one hand pushes the wheel up as the other hand pulls it down. Neither forearm will cross the steering wheel hub, and neither hand will leave the steering wheel. The upward pushing hand continues to push as it slides back to it’s original positioning. Meanwhile, the other hand is sliding back as it continues to pull. The driving technique is aimed at reducing the risk of hitting yourself in the face if your airbag were to deploy.

4. Normal breaking – it’s been discovered that you have the greatest control over breaking when you keep your heel on the floorboard and normally break with the toes. Ensure that you judge stopping distances accurately in order to use the same degree of braking pressure from the time you first break until the vehicle actually comes to a complete stop.

5. Breaking on slick surfaces – leave the transmission in drive and remove your foot from the accelerator if you’re breaking on a slick surface area. The drag of engine compression will help the vehicle to slow down quicker.

6. Emergency breaking – anti-lock breaking systems, or ABS, mean that you no longer need to pump the breaks. During emergency breaking, just maintain a firm, steady pressure on the brake pedal. Remember to steer in the direction you need the vehicle to go.

Lead Poisoning: Protection Isn’t Just for Kids

Lead poisoning is a preventable condition that results from environmental exposure to lead and can result in permanent health damage. Lead poisoning affects almost all parts of the body, including the central nervous system, kidneys, and reproductive organs.

Adults are most often exposed to lead through occupational exposures. The major sources of lead are lead-based paint, urban soil and dust that contains deposits of paint, gasoline additives and industrial waste, and drinking water that has been contaminated from lead solder, brass fittings and fixtures.

Once lead enters the body, from inhalation or ingestion, it is distributed to the red blood cells, soft tissue and bones by way of the bloodstream.  It impairs vital biological functions throughout the body. Lead can cause serious damage to body systems, which may be permanent or fatal.

Chronic lead poisoning results after lead has accumulated in the bones over time. Adverse health effects may appear long after the exposure to lead has ended. Such problems include: impaired hemoglobin synthesis, hypertension, alteration in the central and peripheral nervous systems, and damage to the reproductive system.

Acute lead poisoning results after a significant amount of lead has entered the body over a short period of time. The primary health effects involve gastrointestinal distress, destruction of red blood cells and serious brain swelling.  Symptoms of less severe acute lead poisonings include: abdominal pain, constipation, irritability, fatigue, weakness and muscle pain. If someone is suffering from a more severe form of acute lead poisoning, their symptoms might include: vomiting, irritability and restlessness, progressive drowsiness, tremors and seizures and lapsing into a coma.

If an employer intends to shield workers from excessive exposure to lead poisoning, they must follow the following safety practices:

·        Have an industrial hygienist perform an initial hazard assessment of the worksite to determine the composition of any paint. Environmental monitoring should also be performed to measure worker exposure to airborne lead and select the engineering controls and personal protective equipment that is necessary. Environmental monitoring should be performed on an ongoing basis to measure the effectiveness of controls and to determine whether the proper respiratory protection is being worn.

·        Engineering controls should be used to minimize exposures to lead at the worksite. Airborne lead exposures should not exceed the current OSHA standard for general industry (50 µg/m3). Engineering controls should try to include substitution of less toxic material, equipment modification, and local and general exhaust ventilation.

·        Before welding, cutting, or burning any metal coated with lead, remove the coating to a point at least 4 inches from the area where heat will be applied. When removal of lead-based paint is not possible, use engineering controls like exhaust ventilation to protect workers who are welding, cutting, or burning the lead-coated materials. These controls should be used to remove fumes and smoke at the source and to keep the concentration of lead in the breathing zone below the OSHA standard. Contaminated air should be filtered before it is discharged into the environment.  

·        When performing abrasive blasting, scaling, chipping, grinding, or other operations to remove lead-based paint, minimize the amount of dust generated by using centrifugal blasting, wet blasting, and vacuum blasting. Other methods that reduce dust include scraping, use of needle guns, and chemical removal.

All workers exposed to lead should wash their hands and faces before eating, drinking, or smoking, and they should not eat, drink, or smoke in the work area. They should change into work clothes at the worksite. Street clothes should be stored separately from work clothes in a clean area provided by the employer. Workers should change back into their street clothes after washing or showering and before leaving the worksite. Cars should be parked where they will not be contaminated.

Homeowners Insurance & Social Gatherings

Many homeowners enjoy throwing parties for holidays or special events. If a party is in the near future, be sure that individual homeowners coverage is adequate. Guests who are injured may need to file an injury claim if their vehicle is damaged, if they fall down or if a pet bites them. Research shows that about 75 percent of adult homeowners who plan social gatherings in their homes do not have a personal umbrella policy. This makes them more vulnerable to lawsuits stemming from guests who suffer injuries. The same research study showed that the remainder of the homeowners surveyed did not know what type of coverage they had. This means it is likely that the percentage of homeowners who do not have adequate coverage is more than 75 percent. However, they should have this extra coverage to protect themselves from lawsuits. Although dog bites and falls are common, alcohol is one liability issue that is often overlooked but is very risky.

Alcoholic drinks are viewed as a way to relax and enjoy socializing. However, there is one sobering fact that many homeowners who plan to serve these drinks should know. In 30 states, homeowners may be responsible for damages arising from any auto accidents caused by their intoxicated guests who choose to drive home. In a research survey, more than 50 percent of homeowners said they agreed that party hosts should be responsible for their guests’ safety. However, very few took any steps to obtain adequate insurance coverage. The research study concluded that most people avoid purchasing a personal umbrella policy because they are under the impression that their regular homeowners coverage provides adequate protection for such matters. Since many lawsuits include large awards and medical costs, it is easy for one incident to exceed the homeowners liability limits.

Homeowners must take two steps to ensure they are protected. First, it is imperative for them to contact a personal agent to discuss umbrella policy options. It is also important to take the agent’s advice to avoid facing a costly lawsuit. The second step homeowners must take is to read the following suggestions, which are designed to reduce their risk of lawsuits from intoxicated party guests:

-Instead of having the party at a personal residence, reserve space in a restaurant or bar that has a liquor license.

-Ensure that there are filling food options and non-alcoholic beverage choices available.

-To avoid trouble from party-crashing strangers, limit invitations to friends or familiar people.

-For guests who appear drunk, provide transportation or overnight accommodations.

-Avoid serving alcohol to guests who appear intoxicated.

-Plan activities that draw attention away from drinking alcohol.

-If several guests are expected at a home party, consider hiring an off-duty police officer to handle problems and discreetly monitor guests’ alcohol consumption.

-Take away all alcoholic drinks at least one hour before the part is supposed to end.

Intellectual Property Liability Is Everywhere – But Where Is The Coverage?

It seems as though virtually anything created can be patented, copyrighted, trademarked or otherwise protected.  Oddly enough, even with patent protection there is danger. It is easy to believe that if you hold a patent, copyright or trademark you cannot possibly infringe on someone else’s intellectual property – but that’s not true. George Harrison certainly had a copyright on his song “My Sweet Lord” but that didn’t prevent highly publicized and successful litigation against him due to its similarity to the old Shirelle’s hit “He’s So Fine” in the 1970’s.  

With an average cost of $1.2 million to litigate, patent infringement trials weigh in as one of the most expensive types of litigation in the US today.  What was once the realm of the individual like Ben Franklin or Thomas Edison, or the very nearly individual (think Wright Brothers), has now become big business.  IBM, which annually tops the list of companies applying for and receiving patents, has received over 22,000 patents from 1993 to 2002, with patents accounting for about $10 billion in royalties during that ten year period according to the company’s website.  Complicating matters is the relatively recent innovation in its own right of the “Business Method Patent.”   Examples of these controversial patents are Amazon’s Internet shopping cart, or the “reverse auction” process that Priceline created and patented. 

Contrary to popular belief, however, intellectual property is not the patent or copyright that one applies for, but rather the idea behind it.  The registration process, be it copyright, patent, or other method, is merely a form of evidence or proof of the origin of the idea, and its timeline.   The piece of paper that one might receive acknowledging a copyright is merely a statement that the Office of Copyrights has not received anything else prior to the submission of the material that resembles it enough to call into question the authenticity of the work.   Conceivably, one may apply for and receive a copyright or patent for a piece of work and yet be sued.  But where’s the coverage you say?  Good question.  The answer is – it depends.

Take the Recording Industry Association of America’s litigation against numerous individuals in the summer of 2003.   Would your homeowners’ policy apply if you were sued for negligent supervision of your teenager leading to the illegal uploading of music to the Internet?  The answer is probably “no” because there is no bodily injury or property damage (theft of intellectual property is unlikely to be perceived as a form of property damage), and the policy is not designed to respond to pure financial loss claims.   So in a personal sense, you are probably out of luck.

For businesses the news is not as grim.  In a business scenario, the CGL has often been called upon for coverage in patent, copyright and trademark infringement cases.   If there is coverage to be found, it is the Advertising Injury portion of the policy but the catch is that the offense must then occur in the course of advertising one’s product, and not, for example, in the delivery of the product.  So although a computer-consulting firm may infringe on another firm’s copyright or patent (source code is patentable), it is probably not covered under the CGL because the offense did not occur while advertising the firm’s services. 

The good news is that there are an increasing number of products that are available for intellectual property coverage in the course of business operations.   Patent Infringement Liability Insurance is available from a select few niche insurance markets, though premiums are usually high, and coinsurance and retentions can be steep too.  Professional Liability for technology consultants and other companies with an intellectual property exposure can often be endorsed to cover copyright or trademark infringement, though usually not patents.  Advertising agencies or media businesses may find intellectual property coverage available for their operations as well.  If you are concerned about your intellectual property exposure, you need to talk to your agent to see what coverages are available.  Another good idea would be to speak to a lawyer who is well-versed in intellectual property law to learn what steps you should be taking to protect your intellectual property and minimize the risk of infringement.