Insurance Community University Winery Insurance 1.

Insurance Community University www.InsuranceCommunityUniversity.com

Winery Insurance

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Your Instructors Today

Sponsored by: AmWINS Insurance Brokerage

Laurie Infantino AFIS, CISC, CIC, CRIS, ACSR, CISR President, Insurance Community Center

Gary Delucchi Vice President AmWINS Insurance Brokerage of California

http://www.amwins.com/


What This Course Will Cover

1. Exposure and Risk of the Winery Operation

2. Focusing on specialty risks of a winery such as contamination; spoilage; e-commerce; valuation.

3. Discussion of the specialty winery coverages

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Exposure and Risk

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Sponsored by AmWINS Insurance Brokerage



Wineries and Vineyards

Wine Stock Planting Plant Disease Harvesting

De-Stemming Crushing

Storage

Blending

Storage

Storage

Testing and Lab

CorkingLabeling

Lots of FunTransportation Sales

Harvesting

Fining/Filtration

bottling

Sales

http://images.google.com/imgres?imgurl=http://www.wcghotels.com/hotels/seabl/images/wineries-2.jpg&imgrefurl=http://www.wcghotels.com/hotels/seabl/seabl-washington-wineries.htm&usg=__i1UY_4S_7Sb1giIeCjn3PRAg6wE=&h=333&w=500&sz=157&hl=en&start=3&tbnid=LjS39dFcDQBEnM:&tbnh=87&tbnw=130&prev=/images?q=wineries&gbv=2&hl=en

http://images.google.com/imgres?imgurl=http://www.theage.com.au/ffximage/2007/06/18/HunterValley_wideweb__470x310,0.jpg&imgrefurl=http://www.theage.com.au/news/wines-regions/hunter-now-the-hunted/2007/06/14/1181414442303.html&usg=__DfnpEwccBKmR1ahBC7DR_WQIprc=&h=310&w=470&sz=39&hl=en&start=84&tbnid=JREnH5RbQkbVEM:&tbnh=85&tbnw=129&prev=/images?q=wineries&start=72&gbv=2&ndsp=18&hl=en&sa=N

http://www.google.com/imgres?q=wine+blending&hl=en&biw=1607&bih=943&tbm=isch&tbnid=KBlnhuPFS8_mlM:&imgrefurl=http://blog.kj.com/greater-than-the-sum-of-its-parts-why-we-blend-wine/&docid=rYTQWpZAZH6O4M&imgurl=http://blog.kj.com/wp-content/uploads/2011/02/Blending-Tools-640x400.jpg&w=640&h=400&ei=ngb6T-ymC4qK8QTcwe3YBg&zoom=1&iact=hc&vpx=899&vpy=453&dur=4846&hovh=177&hovw=284&tx=117&ty=92&sig=105138948350241421704&page=1&tbnh=113&tbnw=181&start=0&ndsp=38&ved=1t:429,r:19,s:0,i:131

http://www.google.com/imgres?q=internet+sales&hl=en&biw=1607&bih=943&tbm=isch&tbnid=jMwgF7-1UW5DAM:&imgrefurl=http://www.emarketservices.com/?cl=ems&mi=6&mi2=1&mi3=1&so=1&ca=news&ni=1&ci=3291&docid=QhT_3bWVZNdtiM&imgurl=http://www.emarketservices.com/clubs/ems/news/comercio-internacional(1).jpg&w=500&h=500&ei=7wv6T_enGpCc8QTrs9z3Bg&zoom=1&iact=hc&vpx=761&vpy=363&dur=4887&hovh=225&hovw=225&tx=112&ty=134&sig=105138948350241421704&page=2&tbnh=140&tbnw=140&start=38&ndsp=45&ved=1t:429,r:3,s:38,i:202


There is exposure at every step of the process

http://fantasyknuckleheads.com/wp-content/uploads/2012/05/caution-hard-lesson-ahead-300x276.jpg


Polling Question #1

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Your insured is a new winery called Eagles Nest and has chosen a label with an Eagle. Eagles Crest, an established winery in Sonoma, sued Eagles Nest for their choice of name because they thought it could be confusing to wine buyers and also sued them for using an eagle on their label that closely resembled the eagle on the Eagle Crest label.


Intellectual Property and Wineries (root stock/grafting)• The United States Supreme Court,

in a 6-2 decision authored by Justice Clarence Thomas, has declared that it is legal to claim utility patents on plants.

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Intellectual Property and Wineries (root stock/grafting)• The December 10, 2001 ruling states

that the Plant Patent Act (PPA) of 1930 and the Plant Variety Protection Act of 1970 (PVPA) are so broad that they can cover any type of plant that is “new, distinct, uniform, and stable.” No exclusivity is granted to genetically modified plants

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IP and Vineyards

• Vintage Nurseries Sued for Selling French Clones

• The clones in question are not patented but are sold to US nurseries under license agreements

• http://www.dailyfinance.com/2010/06/18/hold-for-mitch-tennessee-ag-says-nursery-companies-deceived-cust/

http://www.dailyfinance.com/2010/06/18/hold-for-mitch-tennessee-ag-says-nursery-companies-deceived-cust/





Exposure and Risk

OwnOwn “some” varietals

Receive grape stock from other

Vineyards Crop Insurance (check exclusions)Crop Revenue ProgramsTrellis & Grape vines “limited” coverage

Relationship and Risk Management Issues

(pesticides; dogs; GPS; organic)

Insurance Issues

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http://images.google.com/imgres?imgurl=http://www.destination360.com/north-america/us/oregon/images/s/oregon-wineries.jpg&imgrefurl=http://www.destination360.com/north-america/us/oregon/oregon-wineries.php&usg=__0GtBoz1P2vi8BruBtpL9f2C_vm0=&h=332&w=415&sz=65&hl=en&start=1&tbnid=ysMxFF87_YFYbM:&tbnh=100&tbnw=125&prev=/images?q=wineries&gbv=2&hl=en


Crop

• Crop as used in insurance forms and generally refers to “growing crop”. In the case of the vineyard it is the “growing grapes”

• Crop insurance is available to farmers for loss to growing crops from natural hazards as defined in the form.

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Crop Insurance

• Adverse Weather• Fire• Wildlife• Earthquake/Volcanic Eruption• Failure of irrigation water supply if

caused by an insured cause of loss• Disease (check policy)• NO coverage for Phylloxera

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Polling Question #2

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Your insured had a fire in their vineyard and there was an estimated $25,000 damage to vines that had to be replaced. How could this loss be covered?


Vine Coverage

• NOT really available in the industry• Limited coverage on some winery forms

for limited perils

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Specialty Winery Program Coverages • Vineyard Coverage Physical Damage

Outdoor Vines or Trellises– Does NOT include grapes– Limited perils– Limited amount ($25,000)

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Specialty Winery Program Coverages • Trellis Coverage

– CAN include grapes growing on vines– Can EXCLUDE grapes growing on vines

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Different Types of Wineries

IMPORTANT how the winery represents itself

(Advertising Liability)

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Different types of programs• Insurance Companies have different

“appetites” for winery risks• Many winery programs are BOPish• Some winery programs have extensive

form language modification• Some winery programs have significant

endorsements• Some winery programs are larger and

“all encompassing”19


Different Exposures—Different Players• Hobby Winery• Boutique Winery• Larger Winery• Vineyard

Operation

• Farm Owners• Definition• Definition• Farm

Department


No Two Wineries are Alike

• Vineyard and winery operation• Winery ONLY• Traditional Winery• Organic Winery• Biodynamic Winery• ETC

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Traditional Winemakers

• It is imperative that the wine label contain the necessary information about the winery and the American labeling laws are enforced by the Alcohol and Tobacco Tax and Trade Bureau.

• There are minimum requirements that must appear on the label

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USA Wine Label Information • Brand identification or brand name• Class or type of wine• Name and address of the bottler or

producer. 'Produced and bottled by' is allowed if the bottler fermented and clarified at least 75% of the wine.

• http://www.wine-searcher.com/wine-label-usa.lml

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http://www.wine-searcher.com/wine-label-usa.lml

http://www.wine-searcher.com/wine-label-usa.lml


Appellation of origin

• The appellation system in the US is commonly referred to as AVA or American Viticultural Area. These AVAs are based on distinct climatic and geographical features, and are an important source of information.

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Appellation of origin

• In order to have an AVA appear on a wine label, the following specifications must be met:– The majority of US states require 75% of

the grapes in a wine to be grown locally.– If a wine label specifies an officially

designated viticultural area (e.g. Sonoma Valley), a minimum of 85% of the grapes must come from within the named region.

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USA Wine Label Information

• Varietal Labeling (75% of the specified grape—exceptions like Oregon 90%)

• Vintage labeling (95% of the grapes must be from a particular vintage for that year to appear)

• Alcohol content• Declaration of sulfites and additives• Volume of contents• Government Warning Label

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Labeling Grapes, Milk, Fish Guts: Vintners May Have to Label Allergens

• Vintners have been using byproducts from milk, eggs, wheat and even fish gut in the winemaking process for centuries

• A new federal proposal could require American wineries to disclose all ingredients used as additives. The U. S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau is expected to publish a final rule on the issue by late 2007.

• The Insurance Journal 1/17/07


Organic Wineries.• The consumption of organic wine grew at a

rate of 3.7 percent over the year ending September 19, 2009[1], out-pacing growth in the consumption of non-organic wine which grew 2%[2] during a similar period. There are an estimated 1500-2000 organic wine producers globally[3], including negociant labels, with more than 885 of these organic domaines in France alone.

• http://en.wikipedia.org/wiki/Organic_wine

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http://en.wikipedia.org/wiki/Organic_wine

http://en.wikipedia.org/wiki/Organic_wine


Organic Wine and Wine Grapes• In order to legally use the term “organic” on a

product label, the grower must become “certified” by a third-party agency (such as California Certified Organic Farmers, Oregon Tilth or Demeter Stellar), which assures that USDA NOP regulations are followed. A 3-year transition period is required, in which an Organic System Plan (OSP) is implemented.

• http://californiaagriculture.ucanr.org/landingpage.cfm?article=ca.v062n04p138&fulltext=yes

http://californiaagriculture.ucanr.org/landingpage.cfm?article=ca.v062n04p138&fulltext=yes




Organic Wine and Wine Grapes

• Typically, this includes: not using conventional crop protectants and fertilizers; implementing a soil fertility program with cover crops and compost; and developing a pest management program with spray materials approved for organic growing

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Biodynamic Wine

• There are currently more than 450 biodynamic wine producers worldwide.[ Currently, for a wine to be labeled “biodynamic” it has to meet the stringent standards laid down by the Demeter Association,[ which is an internationally recognized certifying body.

• http://en.wikipedia.org/wiki/Biodynamic_wine

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http://en.wikipedia.org/wiki/Biodynamic_wine

http://en.wikipedia.org/wiki/Biodynamic_wine


Biodynamic Wine

• As a practical method of farming, biodynamics embodies the ideal of ever-increasing ecological self-sufficiency just as with modern agro-ecology, but includes ethical-spiritual considerations. This type of viticulture views the farm as a cohesive, interconnected living system.[

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Polling Question #3

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Your insured just finished spraying their pesticides and fungicides on their vineyard. There was a windstorm that night and their wind carried the chemicals to a neighboring farm that was registered “organic” and caused damage to the crop. How could this claim be covered.


Specialty Winery Coverage

• Chemical Drift Coverage– Sometimes provided as a sub-limit– Can be added by endorsement

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Exposure and RiskDe-stemCrushFine/filtrateBlendBarrel Aging

TestBottle/cork/labelStoreTransportSell

Processing

ContaminationSpoilageWine LeakageErrorsBusiness Income

Cork ContaminationProduct RecallIntellectual PropertyProduct RecallMode of TransportationRetail/Wholesale/Internet Sales Insuranc

e Issues

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Contamination and Spoilage

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http://www.google.com/imgres?q=wine+contamination&start=290&hl=en&biw=1440&bih=819&gbv=2&tbm=isch&tbnid=5N7N3qT1AMKMNM:&imgrefurl=http://chromblog.thermoscientific.com/blog/?Tag=sample%20preparation&docid=3D_gZ2wbud_onM&imgurl=http://chromblog.thermoscientific.com/Portals/49739/images/wine.jpg&w=594&h=449&ei=OKlqT5zeFoWSiAL0tO2wBQ&zoom=1



Definitions of terms

• Flaws in Wine• Faults in Wine• Spoilage of Wine• Wine Contamination

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Contamination

Flaws• Off Character• Wine is Atypical• Off color• Off odor• BUT, is drinkeable

Fault• Major departure from norm• Significantly Atypical• Significant residue• Broken down cork• Often Undrinkable

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Flaws and Faults

• Attributable to winemaking– Incorrect sulphiting– Failure to top off– Check for fermentation levels– Failure to add nutrients– Failure to test for completion of MLF– Cork quality– Acetified grapes

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Contamination

• Attributable to winemaker technique and cellar management– Failure to rack property– Maintenance of Tanks– Storage– Transportation

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Contamination

• Attributable to cork/corking• Corks and TCB

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Oregon Winery Files Lawsuit Against Maker of Altec Corks

• Problems look to be snowballing for Sabaté, one of the world's largest cork manufacturers: Van Duzer Winery, a winery in Oregon’s Willamette Valley, files a lawsuit against Sabate, one of the world’s largest cork manufacturers located France. Van Duzer is claiming that Sabaté's Altec composite stopper ruined 1,200 cases of Chardonnay with a retail value of more than $240,000.

http://images.google.com/imgres?imgurl=http://www.vinexpert.com/jpeg/Bouchons.JPG&imgrefurl=http://www.vinexpert.com/a/vina6b.HTML&h=378&w=378&sz=17&tbnid=p7dDna5b76UJ:&tbnh=119&tbnw=119&start=41&prev=/images?q=wine+corks&start=40&hl=en&lr=&sa=N


Oregon Winery Files Lawsuit Against Maker of Altec Corks

• Bottle samples were sent to a commercial laboratory, which found that the wines had average TCA (tricloroanisole) levels were well above many consumers' threshold of taste.

http://images.google.com/imgres?imgurl=http://www.washingtonwineacademy.org/images/corks.jpg&imgrefurl=http://www.washingtonwineacademy.org/links.htm&h=164&w=182&sz=28&tbnid=NNRSTHMJtykJ:&tbnh=86&tbnw=95&start=165&prev=/images?q=wine+corks&start=160&hl=en&lr=&sa=N


Polling Question #4

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Your insured shipped their 2012 Chardonnays and Merlots to a large restaurant in San Diego. There were a total of 25 cases shipped. After opening the first bottle, the restaurant owner noticed a “cork” taste and wanted all of the wine to be returned to the vintner. How would this loss be covered?


Insurance Issues• Product Contamination

– Accidental– Malicious

• Products Recall• Replacement Costs and Rehabilitation

Expense (AIG)• 3rd party Business Interruption and Recall

(AIG)• Product Tampering• Product Extortion

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• Wine Contamination– CAUTION: Carefully check definitions,

limitations and exclusions• Vineyard Contamination

– For harvested grapes owned by you due to sudden and accidental release of fluids from machinery used in harvesting

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• Wine Leakage– Check definitions– Check deductibles

• Can be a percentage like 10%• Can be a dollar amount like $1000/occurrence

– Check covered cause of loss– Check if covers “implosion”– Check if covers E & O in the workmanship

of the insured and their employees

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TransportationStorage

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Transportation/Shipping (Crop/Finished)

• Owned Vehicles/Trucks• Air• Rail• International• International Airspace/Waterways


Specialty Winery Coverages

• Harvested Grape Transit Coverage– Transit within 100 miles of premises– Specified perils – Specified amount $25,000/$5,000

• Contingent Orchard & Vineyard Transit– Insured cannot collect bill of sale for

orchard or vineyard products shipped at buyers risk of loss because of covered damage.

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• Transportation– Check modalities– Check perils– Check territory– Check if only Inland Marine OR also

includes Ocean Marine– Check contractual agreement as to transfer

of ownership and responsibility

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Polling Question #5

52

Your insured stored all of their finished wine at a non-owned warehouse in a neighboring city. There was a fire at the warehouse that they later determined was caused by arson done by one of the wineries storing the wine. Your insured lost all of their inventory and wants to know if he has coverage.


Storage Insurance Issues

• Storage can include:– Storage of grapes and grape by products

(refrigeration/spoilage)– Storage of finished goods– Storage of “owned” and “non-owned”

• Does the insured store property of others

• Review Contracts

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Storage Insurance Issues

• Storage in owned locations• Storage in non owned locations

– 3PL (Third Party Logistics Handlers)• Storage outside the United States

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Mare Island Warehouse Fire10/12/05• A eight-alarm fire that consumed at least half of a 240,000

warehouse storing wine on Mare Island may be Vallejo's most costly blaze ever.

Approximately 150 customers, comprised mostly of Bay Area wineries and private collectors, stored wine in the 63-year-old building. The CEO of Central Wine Services, which owns the building, estimated $100 million worth of wine was in storage. The facility was also used to store pasta, sugar and sauces.


Mare Island Loss

• The loss was determined to be arson by one of the winery owners who stored their wine there.

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Warehouseman’s Legal Liability• The standard of care is imposed upon a

warehouseman by Section 7-204 of the Uniform Commercial Code– Most contracts follow this duty of care


UCC § 7-204. Duty of Care; Contractual Limitation of Warehouseman's Liability

(1) A warehouseman is liable for damages for loss of or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful man would exercise under like circumstances but unless otherwise agreed he is not liable for damages which could not have been avoided by the exercise of such care.

http://www.law.cornell.edu/ucc/7/7-102.html



UCC § 7-204. Duty of Care; Contractual Limitation of Warehouseman's Liability

(2) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage, and setting forth a specific liability per article or item, or value per unit of weight, beyond which the warehouseman shall not be liable;



Polling Question #6

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Following the loss at Mare Island it was determined that your insured’s wine was salvageable. The labels on the wine bottles were damaged AND the insured wanted the bottles to be labeled differently so they could sell them as a different wine at a reduced price. How could this be covered by insurance.


Issues & Solutions

• Need First Party Coverage NOT Third Party Coverage– Property vs. Liability


Specialty Winery Solutions

• Wine Stored Off Premises Endorsement• Wine Stored for Others Endorsement• Adding the location AS a location

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Valuation—you’ll find out what it really means at the time of loss

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Valuation

• Different Valuation Clauses based on “type” of wine at risk– Finished Stock that is sold– Finished Stock that is NOT sold– Stock in Process– Cellared, Rare and Vintage Wines– Wines in the state of process

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Valuation

Finished Stock that is sold– Selling Price– Market Value

• Finished Stock Not Soldbottled winery products ready for sale based on the price for which stock could have been sold as case goods at the time and place of the covered direct physical loss or damage, had no loss or damage occurred;

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Valuation• Stock in Process including in bottles,

tanks or barrels, will be valued at the lessor of:

1. the three year average wholesale market price of your finished stock, less uninsured costs (ie: bottling, storage, labels, printing, labor) for your varietal or vintage or from a specific vineyard; (Chubb)

;

66


Valuation

2. the three year industry wide average wholesale market price of your finished stock, (continued) less un-incurred costs for that varietal or vintage; or

3. the cost to replace the wine with wine of like kind, quality and state of fermentation, if replaceable

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Valuation

• Cellared, rare or vintage wines, if irreplaceable in the market,– will be valued on the date of loss at the

average market listing of three well established and reputable wine merchants selected by us;

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Valuation

D. wine sold in bulk, the lesser of:1. the price for which the wine could have been sold at the time and place of the covereddirect loss or damage had no loss occurred; or2. the market price of replaceable wine of like kind and quality at the time of the covered direct physical loss or damage had no loss or damage occurred,

but we will not pay more than the amount you actually pay to replace the wine.All values include applicable state, county and local taxes that you must pay.

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Exposure and RiskOwned BuildingsOwned StructuresNon Owned LocationsWarehouse3PL

Locations outside USHomesRestaurantsGift ShopsCaves

Premises

Property CoveragesWarehouse Coverage

Farm Dwelling CoverageSpecialty Coverage as indicated“Perils” Insuran

ce Issues

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Types of Buildings• Residence• Garages• Guesthouse (with dining

room for visitors and grape pickers)

• Bed & Breakfast buildings• Storage buildings

(Supplies)• Storage buildings (Finished

Product—case storage)• Fermentation buildings

• Bottling plant• Cellars (1st yr, 2nd yr…)• Caves• Tasting room (building)• Non Owned Location

Considerations• Gift Stores


Exposure and RiskMobile Agricultural EquipmentGondola TrucksConveyorsFermenting Tanks

Storage ContainersFiltration SystemStoreTransportSell

Equipment

Business AutoMobile Agricultural Equipment

Equipment Insurance PropertyEquipment Insurance Equipment BreakdownLimits and BI considerations

Insurance Issues

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http://www.photoshelter.com/c/bkwinephotography/gallery-img-show/Vineyard-machine-harvest-stock-photo-samples/G0000_deKKGv9I7o/?&_bqG=21&_bqH=eJwrtgyxcDdN9HJzrMiKTMspDE11LMgriYrKSyu3MjKxMjQwsLJyj_d0sXU3AIL4lFRvb_cyS0_zfDV3z3h3Rx8f16BIbNIAwi0aog--&I_ID=I0000EFc1l9fcKi8


Exposure and RiskComputerized EquipmentRemote computer sensor equipmentComputerized equipment in the fieldsGBP

Computers

Property PoliciesEDPEquipment Breakdown

Limits and BI considerations

Insurance Issues

73

http://www.photoshelter.com/c/bkwinephotography/gallery-img-show/Winery-pumping-over-remontage-stock-photo-samples/G0000zY3NZUWaZEA/?&_bqG=3&_bqH=eJxz8jV1Kcm0MPTMTbGMCil1M8lJT3aLT08NcvW1MjKzMjQwsLJyj_d0sXU3AIKqSGO_qNDwxChXRzV3z3h3Rx8f16BIbNIAgwEZrQ--&I_ID=I00000NnVOkYbZN4


Exposure and RiskSuppliesRaw MaterialsStock in Process

Sold Finished StockUnsold Finished StockMerchandise

Stock and Merchan

dise

Brand & LabelPersonal Property of OthersProperty Off PremisesProperty in TransitLimits and BI considerations

Insurance Issues

74

http://images.google.com/imgres?imgurl=http://www.yuikee.com/wines/activities/H20050902a/800/7%20YK%20German%20Wines%20for%20tasting.JPG&imgrefurl=http://www.yuikee.com/wines/activities/H20050902a/&h=600&w=800&sz=65&tbnid=GOe4PE-idwebfM:&tbnh=106&tbnw=142&hl=en&start=93&prev=/images?q=Wine+tasting&start=80&svnum=10&hl=en&lr=&sa=N


Exposure and RiskTasting RoomsWine festivalsSell products other then wine

Special EventsValet Parking Other

Operations

LiabilityLiquor LiabilityUmbrella

GarageBusiness AutoInsurance Issues

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Other Considerations

• Business Income• Dependency Coverage

– Income Support Properties• Packaging Error• Exhibition coverage• Contractual Penalties

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Other Considerations

• Cyberliability• Crime• Intellectual Property• Advertising Liability• Auto• Garage?• Workers Compensation

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Liability Coverages—they need them ALL• Liquor Liability• Special Events Liability• Pollutant Cleanup and Removal• Environmental• Umbrella

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Disclaimer

Insurance forms and endorsements vary based on insurance company; changes in edition dates; regulations; court decisions;

and state jurisdiction. This instructional materials provided by Insight is intended as a general guideline and any interpretations

provided by Insight do not modify or revise insurance policy language. The authors of these materials, Insight Insurance

Consultants is a division of Insight Consulting and Management Inc. In providing these materials, Insight assumes neither liability nor responsibility to any person or business with respect to any loss that is alleged to be caused directly or indirectly as a result

of the instructional materials provided. Copyright 2010 – 2012 All Rights Reserved

www.insurancecommunitycenter.comLaurie: 714.803.5830 [email protected]

Marjorie: 714.206.9583 [email protected]

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Insurance Community University Winery Insurance 1.

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