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Usually, I just lurk and learn, but I got an e-mail from my insurance

company yesterday that has totally blown me away. I make soaps, bath

products and a few lotions, mostly for a local (Canadian) market. I was

hoping to get a web page up and running in the next few months, but I've run

into a BIG glitch. Apparently the insurance I had last year - which runs

out on February 22 and cost me about $500.00 per year will now cost me

between $3,000.00 and $5,000.00 per year. If I want to just have my

premises and product insured, no liability, they will renew for $600.00 per

year.

Are there any other Canadian folk out there who have run into this problem,

and what did you do?

Thanks for any info

Judy McLay

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In a message dated 2/9/2003 1:33:16 PM Central Standard Time,

jwittenbrook@... writes:

> if someone is foolish enough to sell cream without a preservative, they

> deserve to be sued.

Amen ... or make claims in ignorance, and not just because we work hard and

they didn't, but why we work hard to comply ... to do no harm.

-

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I recently had an attorney in one of my soap making classes. She told me

about a lawsuit that she recently worked on against a small toiletry

maker. I have often seen people at craft shows selling lotions and

creams without preservatives, and also selling products that make claims

etc. It's only a matter of time before we're going to see lawsuits as a

result of these practices. ly, if someone is foolish enough to sell

cream without a preservative, they deserve to be sued. It's a shame

because there are so many of us working hard to make sure we make safe

products and handle everything such as labeling properly. Unfortunately,

we all end up paying for the actions of those who are ignorant.

Joanne

Re: liability insurance - Canada

Have the large cosmetic companies and their lobbyists put pressure on

the

insurance companies to force the " little guys " into going out of

business....?

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Joan, are you in Canada?

CS

> I recently had an attorney in one of my soap making classes. She

told me

> about a lawsuit that she recently worked on against a small toiletry

> maker. I have often seen people at craft shows selling lotions and

> creams without preservatives, and also selling products that make

claims

> etc. It's only a matter of time before we're going to see lawsuits

as a

> result of these practices. ly, if someone is foolish enough to

sell

> cream without a preservative, they deserve to be sued. It's a shame

> because there are so many of us working hard to make sure we make

safe

> products and handle everything such as labeling properly.

Unfortunately,

> we all end up paying for the actions of those who are ignorant.

> Joanne

>

> Re: liability insurance - Canada

>

> Have the large cosmetic companies and their lobbyists put pressure

on

> the

> insurance companies to force the " little guys " into going out of

> business....?

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>> if someone is foolish enough to sell cream without a preservative, they

>> deserve to be sued.

>

>Amen ... or make claims in ignorance, and not just because we work hard

>and they didn't, but why we work hard to comply ... to do no harm.

quotes like these make me feel extra bad for begging people to sell me their

creams without preservatives ;) but so far i've had bad luck with my own

lotions, so oh well...one must do what they must do.

~risa

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> I recently had an attorney in one of my soap making classes. She

told me

> about a lawsuit that she recently worked on against a small

toiletry

> maker.

Hi List,

I know VERY little about insurance, liability, etc, but wanted to

throw a question/comment out there on this subject...

As most of us know, here in the US cosmetic manufacturers should be

following the Good Manufacturing Practices Guidelines (as well as

getting lotions and other products challenge tested).

IMO, working from our kitchens makes it somewhat impossible to

follow the GMP's to the fullest (my main concern is the part about

having a designated area for food and drinks. This leads me to

believe that a kitchen is automatically NOT in accordance with

GMP's). Is any insurance company really going to pay out in the

event of a lawsuit if they find that you are not following the

GMP's?? Same with challenge testing... if you're not getting your

products challenge tested according to FDA guidelines, are they

going to pay out if someone ends up suing you becuase they got an

infection from your products? My limited understanding of insurance

companies is that they do whatever they can to avoid paying. One

insurance agent desribed to me that in the case of something like

this, one would need to take out " malpractice insurance " , and I

can't even imagine how much that must cost.

I'm certainly not trying to imply that all homecrafters are not

following GMP's, but I DO wonder if perhaps we are kidding ourselves

about how much protection we really have with liability insurance??

Any thoughts? :o)

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rpicard2002@... wrote

> I'm certainly not trying to imply that all homecrafters are not

> following GMP's, but I DO wonder if perhaps we are kidding ourselves

> about how much protection we really have with liability insurance??

Business' get liability insurance to limit risk. The insurance companies

know a great deal about the types of business they insure and the amount of

risk they take on. Like all business' insurance companies need to make a

profit. If they find they are getting too many claims from a particular

segment of their business, they will drop that segment without a second

thought.

So, to answer your question, unless you lie on the application, Insurance

companies pay out if there is a claim. You purchase liability for that

reason. Most serious business people are going to follow rules of their

industry and are also going do all in their power to put out a safe product.

There will always be the exception; people that think they can buck the

system, that is a cost of doing business that everyone ends up paying for.

I believe you can put out a safe product from a kitchen. Obviously, you

can't be preparing dinner the same time that you are making a batch of

lotion. It may be a little more time consuming to work from a kitchen, but

it can be done.

There seems to be a misconception that the FDA requires challenge testing on

products; this is not the case, the FDA only requires that you put out a

safe product. Logically a challenge test would seem to be the best way to do

this, however, we have suggested other methods on the list.

My limited understanding of insurance

> companies is that they do whatever they can to avoid paying. One

> insurance agent desribed to me that in the case of something like

> this, one would need to take out " malpractice insurance " , and I

> can't even imagine how much that must cost.

When it comes to paying out for liability most insurance companies are

pretty good. As for the agent you talked to, he either didn't know what he

was talking about or there just wasn't a meeting of the minds in what you

were attempting to get across.

Pat.

Peace, Joy, Serenity

House of Scents tm. Body Oils, Fragrance Oils, Incense, Candles, Soap, Etc.

pat@...

http://www.houseofscents.com/

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, household insurance covers only household effects - my policy

makes that quite explicit, as did a broker friend. It does not cover

business effects. Now, I'm sure someone out there has claimed them

and gotten away with it, but I do know of several people (not

soapers) who had home businesses without insurance and did not get

paidout on business related items that were stolen.

> I would think your household insurance would cover fire theft and

such while

> the goods are in your house.

>

>

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In a message dated 2/9/2003 5:42:57 PM Central Standard Time,

lupa@... writes:

> quotes like these make me feel extra bad for begging people to sell me their

> creams without preservatives ;) but so far i've had bad luck with my own

> lotions, so oh well...one must do what they must do

SOME items need no preservative, but that is rare. I also prefer none but,

if I'm buying anything that over time will grow beasties, I'd rather have it

safe. Most people won't deal with using water and oil phases separately on

their skin, but I will.

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I believe that most insurance companies are pretty good too...having said

that..I think most people who buy insurance policies...whatever kind,

(liability, disability, life etc) have no clue exactly what they are buying.

To know exactly what you are buying you must read every single word of the

policy..plus all addendums and updates...and you must understand the

implications of all those words..and how they are interpretted by the

insurer..Most people don't do this and most people get a surprise when the

crunch comes. I know I've learned from my errors with various insurance

policies.

At this point..with insurance companies on such a tight budget, I'd never

sign on the dotted line..or part with a nickle without having my lawyer

really survey the whole of the policy. The I'd make a list of questions that

I would want answered (in writing & signed by the insurer). One of those

questions would be will they pay legal costs of law suits and cover any

claims of non challenged, made in the home products?

Why waste your money buying empty policies that don't protect you. Better to

have all the answers, be them good or be them bad, before buying the policy.

If an insurance company won't answer those questions and sign their

answers......I'd ask why?

> rpicard2002@... wrote

> > I'm certainly not trying to imply that all homecrafters are not

> > following GMP's, but I DO wonder if perhaps we are kidding ourselves

> > about how much protection we really have with liability insurance??

>

> Business' get liability insurance to limit risk. The insurance companies

> know a great deal about the types of business they insure and the amount

of

> risk they take on. Like all business' insurance companies need to make a

> profit. If they find they are getting too many claims from a particular

> segment of their business, they will drop that segment without a second

> thought.

>

> So, to answer your question, unless you lie on the application, Insurance

> companies pay out if there is a claim. You purchase liability for that

> reason. Most serious business people are going to follow rules of their

> industry and are also going do all in their power to put out a safe

product.

> There will always be the exception; people that think they can buck the

> system, that is a cost of doing business that everyone ends up paying for.

>

> I believe you can put out a safe product from a kitchen. Obviously, you

> can't be preparing dinner the same time that you are making a batch of

> lotion. It may be a little more time consuming to work from a kitchen, but

> it can be done.

>

> There seems to be a misconception that the FDA requires challenge testing

on

> products; this is not the case, the FDA only requires that you put out a

> safe product. Logically a challenge test would seem to be the best way to

do

> this, however, we have suggested other methods on the list.

>

> My limited understanding of insurance

> > companies is that they do whatever they can to avoid paying. One

> > insurance agent desribed to me that in the case of something like

> > this, one would need to take out " malpractice insurance " , and I

> > can't even imagine how much that must cost.

>

> When it comes to paying out for liability most insurance companies are

> pretty good. As for the agent you talked to, he either didn't know what he

> was talking about or there just wasn't a meeting of the minds in what you

> were attempting to get across.

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>>You can get a darn good idea by just reading the declaration page.

However,I think it is good policy to read the complete policy and

familiarize yourself with the various terms.

Good advice Pat , plus -- the absolute, very first thing to ask/read is --

what do they exclude? !!!

Jan Flood oakridge@...

www.oakridgefarm.com

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Well, I'm thinking about the minimum premium Judy mentioned and the small

revenue of my company and the two just don't go together. The company is already

a limited liability corporation. So what if we did this:

-talked to a lawyer about putting the company in my husband's name because the

house is in my name

-put aside a bit of money each year for unknown legal expenses

-challenge test products with water content and aerobic plate count each batch.

What am I missing? Anything?

Sue in Canada

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