eRisk Management Newsletter

Winter 2021

IN THIS ISSUE:

. Understanding the Servicemembers Civil Relief Act
. Winter Is Coming: Plan Ahead to Reduce Risk
. MiniCo’s Corporate Holiday Schedule

Understanding the Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act (SCRA) was signed into law in 2003 to provide active-duty military personnel some relief from worry about their daily financial burdens by enacting protections from certain penalties that may result from business transactions. Businesses operating in the United States are subject to the SCRA. It is important for self-storage business owners to understand the protections granted by the SCRA in order to mitigate the risk of costly claims and lawsuits.

The SCRA applies to active-duty members of the Army, Marine Corps, Navy, Coast Guard, and Air Force as well as the following:

· Reserve component members while on active duty

· National Guard component members mobilized under federal orders for more the 30 consecutive days

· Active-duty commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration (NOAA)

Protections granted under the SCRA may be exercised by anyone holding a valid power of attorney for the servicemember, and some protections also apply to dependents.

The following protections are granted under the SCRA:

1. Reducing the interest rate on any pre-service loans to a maximum of 6 percent

2. Protections against default judgments in civil cases

3. Protections against foreclosure on the servicemember's home

4. Protections against repossession of the servicemember's property

5. Termination of residential housing and automobile leases without penalty

6. Protections against the enforcement of storage liens

For self-storage business owners, the protection against the enforcement of storage liens is particularly important. Self-storage property liens can be compromised by the SCRA during the time when that customer is called to active duty service in the military. However, since the SCRA does not specifically require servicemembers to provide notice of their active-duty status, there appears to be no way to guarantee that self-storage operators would know unless they specifically ask.

As you attempt to collect the rents due you under your contracts, and especially before you execute on a lien and auction off any tenant’s property, it may be wise to inquire whether that tenant is a servicemember on active military duty as spelled out in the SCRA. Keep in mind that knowingly violating the SCRA may result in fines and penalties including imprisonment.

This is a very broad overview of the SCRA, and it is critical that self-storage business owners consult with their legal counsel and insurance agents in order to ensure compliance with the terms of this federal law. The links below provide detailed information about the SCRA, which you may find useful in your discussions with your attorney and insurance agent.

Department of Justice - SCRA

Consumer Financial Protection Bureus - SCRA

 

Winter Is Coming:
Plan Ahead to Reduce Risk

As the end of the year approaches, it is an ideal time to prepare your self-storage facility for winter weather. Winter storms may increase the risk of property damage, personal injury, and exposures related to extreme temperatures. Planning ahead for winter weather and following good risk management practices can help to minimize these risks as well as potentially costly claims and lawsuits.

Assemble Emergency Supplies

Before a storm arrives, take the time to assemble equipment and ensure that emergency supplies are on hand and ready for use if needed. Items to consider include a first-aid kit, rock salt or ice melt, sand or kitty litter, entry mats, safety cones and "wet floor" signs, snow shovels, emergency supplies of water and nonperishable food, flashlights, battery-powered radio, batteries, hand and power tools, portable pumps and hoses, and plastic covers and tarps. It is also an excellent idea to store a copy of important documents in an off-site location such as insurance policy numbers and contact information for employees, customers, and vendors.

Inspect the Facility

Before the snow starts, have your roof inspected by a qualified, licensed professional, and make suggested repairs to prevent potential damage and leaks related to snow and ice. During winter months, inspect the property multiple times each day to identify potential hazards quickly as weather conditions change. Also inspect facility lighting at various times throughout the day to ensure that fixtures are in proper working order.

Arrange for Snow and Ice Removal

Consider contracting with a reputable, insured, and licensed snow-and-ice removal company. These companies contract with businesses to remove snow and ice from walkways, driveways, aisles, stairways, and rooftops as outlined in the terms and conditions of a written contract, for example, whenever at least two inches of snow have accumulated. Keep in mind that if you choose to contract with a snow-and-ice removal company, you need to know the terms of the agreement and follow up to ensure that the work is being performed. Also, don't wait for the contractor to show up to address black ice and other critical hazards that need to be taken care of immediately. If you see it, take care of it.

Avoid Cold Stress Injuries

It is important to take precautions to protect yourself and your employees when working outside in extreme cold weather. Provide training for managers and staff regarding the symptoms of cold stress injury and illness to include hypothermia and frostbite, and review procedures to prevent injury and respond appropriately in the event that injury occurs.

Prepare for Freezing Temperatures

When temperatures drop below freezing, the risk of damage from burst pipes increases. Sprinkler systems, HVAC, and water-filled equipment lines should be monitored every few hours during freezing conditions. To prevent freezing, use heaters where possible in susceptible areas, open water faucets slightly to keep water flowing, and use tarps as needed to protect vulnerable equipment. If pipes freeze, it is important to turn off the water supply to avoid leaks.

Communicate With Customers

Remind tenants about safety concerns such as the dangers of using candles or space heaters inside storage units through email notices, signage, and invoice stuffers. Communicate weather-related closures to tenants to reduce the risk of injury or the potential for a customer to be stranded at the facility.

Winter storms can present many challenges for business owners. Implementing a risk management strategy to address severe winter weather can help prevent costly property damage and potential lawsuits. Your insurance agent is an excellent resource for risk management information as well as advice on insurance coverages and limits to help protect your investment.

Watch Video: Preventing Slips, Trips, and Falls

 

MiniCo’s Corporate Holiday Schedule

The holidays are fast approaching, and MiniCo wants to ensure that you and your insurance agent receive the highest quality customer service throughout this hectic time of year. Our corporate offices will be closed on the days listed below in observance of the holidays.

MiniCo’s Corporate Holiday Closures

· December 23rd

· December 24th

· January 3rd

If you need to report a claim during our holiday closure, please call 855-861-0876 to reach an adjuster.

We at MiniCo thank you for your business in 2021 and wish you a peaceful and propserous New Year!

  

800-528-1056 | www.MiniCo.com | info@minico.com
10851 N. Black Canyon Highway, Suite 200 | Phoenix, AZ 85029
CA License: 0H04984
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