Business Interruption Insurance Coverage: The Next Century - Pasich LLP

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Business Interruption Insurance Coverage: The Next Century - Pasich LLP
UNITED STATES:       Update on Proposed COVID-19 Insurance Coverage Legislation and Litigation:
                                          Are Cooler Heads Beginning to Prevail? Page 12
                                          Demystifying Cyber Threats Page 13
                                          COVID-19 and Workers’ Compensation Page 14
                                          Is the Insurance Office Going Away for Good? Page 15

  Covering the world of insurance since 1966.
  International. Independent. Innovative.
  The cure for news overload.

  Business Interruption
  Insurance Coverage:
  The Next Century
  ~ by Annette Hofmann and
    Meyer Mandel Page 11

JUNE 2020 • ISSN #2165-2740 • VOL. 23 NO 6 • IRLETTER.COM
Business Interruption Insurance Coverage: The Next Century - Pasich LLP
2 EDITORIAL

                                        Editor’s Letter
                                        Clash of culture                        in me. I have seen many firms over             we played rugby in the winter
                                                                                my decades as a business writer                and athletics in the summer – all
                                           In these crazy stay-at-home
                                                                                that have boasted of having a                  sponsored by the firm. Bridge clubs
                                        times more than just a few are
                                                                                strong corporate culture. Too often            abounded and from time to time
                                        talking about how COVID-19
                                                                                it means a culture where confor-               they held a whist drive. We had
                                        might affect corporate cultures.
                                                                                mity to centrally dictated norms               French-speakers’ soirées and large
                                           For a number of years at Aon I       pervades the firm with individuali-            receptions when senior officers of
                                        was involved with the integrating       ty and genuine innovation taking a             the company retired.
                                        of acquired companies mostly out-       backseat.                                         True, this sort of approach was
                                        side of the US. Corporate culture,
                                                                                   Firms that fail often exhibit               more frequent for the larger corpo-
                                        such as it was, didn’t figure into
                                                                                strong corporate cultures, many                rations; smaller organisations could
                                        the equation to the extent that it
                                                                                built round the ego of one man:                not afford that but were more
                                        did in my earlier years with Rollins
                                                                                just think of Independent Insur-               tightly knit as a result of their size.
                                        Burdick Hunter Co. Even before
                                                                                ance and Mike Bright here in the                  Even before the lockdown
                                        Pat Ryan acquired RBH there was
                                                                                UK, or the media empire owned                  precipitated by Covid-19 many
A.B. Hodges                             a distinct culture – we knew who
                                                                                by Robert Maxwell. If you have an              of these old ways of working had
Editor in Chief                         we were and mutual respect was a
                                                                                inclusive, supportive and innovative           changed, but the point is there
                                        way of life. After the acquisition,
irl@irletter.com
                                                                                corporate culture you don’t need               were ample opportunities to get to
                                        Pat took extreme care to look
Follow us:                                                                      to shout about it from the rooftops.           know your fellow employees well
                                        after all the people that made the
                                                                                Everyone can see it and people                 enough that when you needed a
Twitter @isninsurance                   business a success. Times changed
                                                                                who work in those firms are quietly            favour, or had to go the extra mile,
                                        and corporate culture became a
LinkedIn                                                                        loyal and proud to work there,                 that seemed smoother because
                                        buzzword thrown around by those
Insurance Research Letter                                                       making them its best advocates.                your colleagues were part of your
                                        who stood to make some money by
Lake Forest, Illinois 60045             making the term a cornerstone of                                                       daily life and not a faceless cog in a
USA                                     their engagement.                       Adapting your                                  machine.
+1 (312) 287-6021                          Today it’s mostly small compa-       corporate culture                                 During the last couple of
                                        nies with dedicated owners that                                                        months people have started to get
Subscribers to the Insurance Research                                           By George Worsley
                                        serve up corporate culture. There                                                      used to working from home – and
Letter (IRL) are entitled to receive                                               There are more than ten dif-
                                        are some exceptions: Uline, a                                                          some haven’t – but it is true to say
further free consultation on                                                    ferent definitions of culture in my
                                        large family-owned business, is the                                                    that corporate culture will change
material published.                                                             dictionary but what we are looking
                                        leading distributor of shipping,                                                       when many colleagues do not see
Add the Insurance Research                                                      at here is the way in which all em-            each other on a regular basis. The
                                        industrial and packaging materials
Letter to your Vertafore                                                        ployees act together, react to each            interaction of colleagues – and the
                                        to businesses throughout North
ReferenceConnect library.                                                       other, cooperate and motivate each             management and supervision of
                                        America. Liz Uihlein, the President
                                                                                other in the working environment.              them – is going to be different.
                                        & founder, dishes up corporate
                                        culture every day and with her             Environments can differ accord-                In order to get the best out of
Would you like to be                    “letters” in each catalogue. Read       ing to the nature of a corporation’s           everyone, corporations need to
published?                              one here                                size and activities. Also there can            work out how to do that. Perhaps,
   If you would like to submit an                                               be differences in corporate culture            if it has not yet already been
                                           But for the most part, corporate
article for consideration, send us an                                           depending on the global location:              mooted, the creation of a CCO
                                        culture is cooked up by consultants
email irl@irletter.com.                                                         Spaniards do things differently                (Chief Culture Officer) role will be
                                        and public relations departments
                                                                                from Canadians.                                necessary to look at how the spirit
                                        and mostly for external consump-
IRL Blog                                tion. Just my opinion so I asked two       A lot may change, however,                  of togetherness (which underlines
 Stay blog-tuned                        trusted wise friends what ‘corpo-       wherever the corporation is located            people’s willingness to go the extra
@ https://irletter.com/blog/            rate culture’ meant to them. Here’s     or what it does, once working from             mile) can be created without the
                                        what they had to say:                   home (WFH) or remotely becomes                 employees actually being togeth-
                                                                                permanent.                                     er.” •
                                        Here comes the cynic                       When I started working for a
                                                                                large insurance carrier in the City            Highlights
                                        By David Worsfold                       of London, we had a large canteen
                                           The phrase ‘corporate culture’       (free lunches – especially the                 Is a Risk-free Economic
                                        has always bugged me. Today             Christmas bonanza with roast tur-              Recovery Feasible?
                                        with many working from home or          key and you were allowed to bring                Sure—It just requires a balance
                                        remotely journalists who write for a    moderate amounts of wine with                  between NECESSITY, DUTY
                                        living but mostly have no business      you), a Charlady with her trolley              and POWER – read our Peruvian
                                        acumen are searching for subjects       bringing us coffee in the morning              correspondent’s take on this on
                                        to unpack for their audience.           and tea in the afternoon. The                  page 10
                                          Forgive me but the phrase “cor-       company had a large sportsground               Business Interruption
                                        porate culture” bring out the cynic     in the outskirts of London where

                                                                               1 IRMI, “War Exclusion,” available online at: https://www.irmi.com/term/insurance-
INSURANCE RESEARCH LETTER • June 2020                                            definitions/war-exclusion.
Business Interruption Insurance Coverage: The Next Century - Pasich LLP
EDITORIAL 3
Insurance Coverage: The
Next Century
                                        discussed following 9/11 and the
                                        issue again returned to promi-
                                                                               traditional insurance office on
                                                                               page 15                               Table of Contents
   “Consequential Coverage”,            nence following 2018 litigation                                              page 6
                                        in relation to losses suffered as      Latvia: FCMC might be
also better known as Business                                                  morphed into a Central
Interruption (BI) or Contingent         a result of the malware known                                                Synopsis
                                        as NotPetya. Putting aside the         Bank division                         NewsBriefs & People
Business Interruption (CBI) cov-
                                        “war” exclusion, for which much           In many countries Central
erage, has originated and there-
fore resided over time within the       ink has been spilled, this article     Banks play a pivotal role in over-    page 7
                                        seeks to demystify the terminol-       seeing and regulation the insur-
greater property insurance cov-
                                                                               ance industry. At the end of May
                                                                                                                     ABC Review–Agent, Broker,
erage area. Other policy types          ogy in relation to cyber threats                                             Consultant News
                                        and cyber crime. Read this             2020, the Ministry of Finance
and forms have also been known                                                                                       NewsBriefs & People
                                        interesting article on page 13         (MoF) from Latvia submitted
at times to offer coverage for
                                                                               to the Cabinet of Ministers an
what essentially became known           COVID-19 and Workers’                                                        page 8
                                                                               assessment prepared in co-op-
as “loss of income” coverage.           Compensation
The current global pandemic
                                                                               eration with the Central Bank         Recently Published
                                           While most press reports, pub-      of Latvia and the Financial and
highlights the obvious need to                                                                                       Global Briefs
                                        lic policy debates and lawsuits        Capital Market Commission
further develop consequential                                                                                        Market briefs by country
                                        have centered on business inter-       (FCMC) regarding a possible
loss of income insurance that
                                        ruption insurance, state workers’      merge between the Central Bank
applies to a wider spectrum of
                                        compensation systems and the           and FCMC, planned to start in
                                                                                                                     page 10
potential loss scenarios. There
seems a growing need to achieve
                                        insurance products underlying          2022 - 2023. Page 16                  Americas
                                        them have been adjusting to the                                              Peru
true business resilience with
                                        COVID-19 crisis. Read about            Romania: COVID-19
determined risk management                                                     pandemic changes                      Is a Risk-free Economic Recovery Feasible?
                                        the most significant develop-
standards that commercial enter-
                                        ments with respect to:                 population’s perception               United States
prises are dependent on. Read                                                  of risks, reduces                     Business Interruption Insurance Coverage: The
more on page 11                         • Compensability of                    revenues, and changes                 Next Century
                                          COVID-19 related claims              consumer behavior
Update on Proposed                        under state workers compen-                                                Update on Proposed COVID-19 Insurance
COVID-19 Insurance                                                                Following the reduced              Coverage Legislation and Litigation: Are Cooler
                                          sation schemes; and
Coverage Legislation and                                                       incomes and the changes on            Heads Beginning to Prevail?
                                        • The calculation of workers’          the employment segment, the
Litigation: Are Cooler                    compensation insurance pre-          COVID-19 pandemic also pro-           Demystifying Cyber Threats
Heads Beginning to                        miums.
Prevail?                                                                       duced changes in Romanians’           COVID-19 and Workers’ Compensation
                                           on page 14                          perception of risks and con-
   In the wake of government                                                                                         2020’s Atlantic Hurricane Season to Have ‘Well
                                                                               sumption behavior, according to
quarantine/shut down orders             2020’s Atlantic Hurricane              the latest UNSAR-IRES Barom-          Above-Average’ Activity
being executed in response to           Season to Have ‘Well                   eter. There are some surprising       Is the Insurance Office Going Away for Good?
the pandemic, a flurry of bills         Above-Average’ Activity                statistics on page 16
were introduced in several states          An updated 2020 hurricane                                                 page 16
to retroactively create—by gov-         season forecast released by the        Hong Kong: Insurance
ernment fiat—business interrup-         Tropical Meteorology Project           Authority releases                    Europe
tion insurance under property           in the Department of Atmo-             provisional statistics of             Latvia
insurance policies where none           spheric Science at Colorado            Hong Kong insurance                   FCMC might be morphed into a Central Bank
had existed. Some of those bills        State University (CSU) calls for       industry in the first                 division
remain pending, while others            a “well above-average” level of        quarter of 2020
have now been tabled. Learn                                                                                          Romania
                                        tropical cyclone activity. Read on        The Insurance Authority just       COVID-19 pandemic changes population’s
what legislation and litigation         page 14                                released provisional statistics
is going on in various states on                                                                                     perception of risks, reduces revenues, and changes
                                                                               of the Hong Kong insurance            consumer behavior
page 12                                 Is the Insurance Office                industry for the first quarter of
                                        Going Away for Good?                   2020, indicating a growth of
Demystifying Cyber                         The coronavirus pandemic is                                               page 17
Threats                                                                        total gross premiums by 10.9
                                        already changing the way that          percent to $165 billion over the      Asia & Oceania
   Insurance policies often             American businesses operate,           corresponding period in 2019.         Hong Kong
contain provisions, which can           at least temporarily. But look         Page 17                               Insurance Authority releases provisional statistics
differ significantly in how they        closely and you can see the                                                  of Hong Kong insurance industry in Q1 2020
are worded, that purport to limit       potential for long-lasting changes
coverage for losses arising out of      even after life returns to normal.                                           page 18
war or warlike actions.1 These          Read why one of these shifts
so-called “war” exclusions were         might just mean the end of the                                               The Back Page
                                                                                                                     Quotes
                                     INSURANCE RESEARCH LETTER                      ADVERTISERS                      Of Interest
                                     ISSN #0892-0540 Vol. 54 No. 5                  IRMI Captive.com
                                     ISSN #2165-2740 Vol. 23 No. 5 (digital)        unisonSteadfast
                                     EDITOR-IN-CHIEF A. B. Hodges
                                     GRAPHIC DESIGN Turcotte O’Keeffe, Inc.

                                                                                                                    INSURANCE RESEARCH LETTER • June 2020
Business Interruption Insurance Coverage: The Next Century - Pasich LLP
4 NEWS                                                             Contributors
                            Idan Cabello                                              Antonio Attías                                             Judith A. Selby
                            Is a Risk-free Economic                                   Is a Risk-free Economic                                    Update on Proposed
                            Recovery feasible                                         Recovery feasible?                                         COVID-19 Insurance
                            Page 10                                                   Page 10                                                    Coverage Legislation and
                              Idan has been Risk                                        Antonio is a civil                                       Litigation: Are Cooler
                              Prevention Manager at                                     engineer (Hydrology)                                     Heads Beginning to Prevail
                              CONTACTO (#1 local                                        with more than 40                                        Page 12
                              insurance broker in Peru)                                 years of experience as a                                   Judy is a Partner at
since September 2013. He has more than 11 years           consultant at corporate level in leadership and risk                                     Hinshaw in New
of experience in the insurance market and industry,       management in oil, petrochemical, industrial and          York City. For more than 25 years, Judy Selby has
both locally and internationally. Prior to CONTAC-        mining companies. He worked for more than 25              served as a trusted advisor to insurers across a
TO, Idan was Risk Engineer at REHDER (#1 local            years in the corporate world in oil companies such        wide variety of industries. Focused primarily on
insurance broker until it was acquired by MARSH in        as Lagoven SA, PDVSA, Ameriven (Joint Venture             insurance coverage matters, Judy represents clients
June 2013). Over the course of 3 years in Europe, he      Conoco-Chevron-PDVSA), and as advisor, among              in all phases of large scale, complex first and third
held safety engineer positions in LOUIS VUITTON           others in Venezuela, and SURATEP (Insurance) in           party insurance issues. She has extensive experience
and MICHELIN. Idan also worked in GLENCORE                Colombia, HYLSA (Steel production) in Mexico,             handling insurance coverage trials in the U.S. and
and MAPFRE and is a qualified engineer with a             and in the last 10 years for different companies          international arbitrations in London. Judy also
deep understanding of the Peruvian insurance mar-         dedicated to fishing, insurance, steel, industrial and    helps clients navigate insurance due diligence in
ket. Idan is result-oriented with a proven track record   mining in Peru, mainly in the area of leadership          connection with mergers and acquisitions, as well as
for leading a dynamic team of professionals which         development and risk assessment. Antonio has a            run off and adverse development cover transac-
has allowed to develop the unique value offer in Peru     deep understanding of leadership development              tions. In recent years, Judy has also expanded her
that integrates risk engineering with occupational        strategies, mentoring and coaching, and that is why       practice to accommodate emerging technology risk,
health and wellness in order to provide accurate          he has been selected as a speaker for several Safety,     by focusing on matters involving cyber and data
information to business owners. He earned a Master        Health, Risk Management Congresses in LATAM               privacy. Operating at the intersection of cyberse-
Degree in Risk Management (France). Idan is also          and as a professor for graduate courses in Leadership     curity and insurance coverage, she has counseled
Monthly contributor at Insurance Research Letter          for some LATAM universities. At the moment, he            clients on cyber policy adoption, and also provided
LATAM and mentor in StartUp UNI (technolo-                works as a teacher for the ESAN School of Business        compliance advice regarding privacy and cyberse-
gy-based business incubator).                             in Lima and Academic Director of QUALICON                 curity laws and regulations.
LinkedIn:                                                 LATAM (Development of Educational Virtual                 Email: JSelby@hinshawlaw.com
https://www.linkedin.com/in/idancabello/                  Programs). He obtained a Magister Scientiarium in         Tel: +1 (212) 471-6209
                                                          Engineering and Planning (1984, USB-Venezuela)
Tel: + 51 998 503550                                      and a Master’s Degree in Environment (School of           Full bio HERE (secure)
                                                          Civil Engineering) with all the subjects required for
                            Scott M. Seaman               Risk Management (School of Nuclear Engineering)                                        Peter A. Halprin
                            Update on Proposed            (1998, TEXAS A&M, USA).                                                                Demystifying Cyber Threats
                            COVID-19 Insurance Cov-                                                                                              Page 13
                            erage Legislation and Lit-    LinkedIn:
                                                          https://www.linkedin.com/in/antonioattias/                                               Peter is a partner in
                            igation: Are Cooler Heads                                                                                              Pasich LLP’s New York
                            Beginning to Prevail?         Tel: + 51 922 678653                                                                     office. Peter represents
                            Page 12                                                                                                                commercial policy-
                            Scott is a Partner at                                     Daniel B. Garrie, Esq.                                       holders in complex in-
Hinshaw in Chicago. Scott Seaman is Co-Chair of                                       Demystifying Cyber Threats    surance coverage matters with a focus on recovery
the firm’s global Insurance Services Practice Group.                                  Page 13                       strategies in relation to cyber crime, natural disas-
The group is ranked in Chambers USA: America’s                                          Daniel is a seasoned        ters, professional services, regulatory investigations,
Leading Lawyers for Business, Insurance: Dispute                                        e-discovery special         and technology disputes. Over the course of his
Resolution Illinois and earned a National Tier 1                                        master, forensic neutral,   career, Peter has arbitrated, litigated, and mediated
rating in the Best Law Firms list published by U.S.                                     mediator, and arbitrator    claims involving a broad range of insurance policies
News – Best Lawyers as well as Tier 1 regional                                          retained for complex,       and recovered hundreds of millions of dollars in
ratings in Chicago, Los Angeles, and Miami.               high-stakes cases around the country. He is an            insurance proceeds for policyholders. Peter has
As a commercial litigator and trial lawyer with           experienced jurist with a deep understanding of both      advised clients regarding insurance coverage under
more than 32 years of experience, Mr. Seaman has          law and technology, enabling him to efficiently and       an array of forms and policies including Boiler &
had the privilege of working with some of the most        cost effectively resolve some of the most challenging     Machinery, Builder’s Risk, Commercial Crime,
dedicated and talented senior management, legal           disputes. For over a decade, Mr. Garrie has served as     Cyber, Directors & Officers (D&O), Employment
counsel, and insurance and reinsurance claims and         a mediator, arbitrator, electronically stored informa-    Practices Liability (EPL), Errors & Omissions
litigation professionals in the world and of serving      tion (ESI) liaison, discovery referee, special master,    (E&O), Fidelity, General Liability (GL), Kidnap &
as counsel in precedent setting cases involving some      neutral, and neutral expert. He has appeared before       Ransom (KKR), Media Liability, Pollution Legal
of the most challenging contemporary coverage             the Los Angeles County Superior Court, New York           Liability (PLL/EIL), Products Liability, Property,
and reinsurance issues confronting the insurance          Supreme Court, Delaware Supreme Court, and the            Technology E&O, Trade Credit, and Workers’
industry.                                                 U.S. Courts of Appeals for the Second, Third, and         Compensation.
                                                          Seventh Circuits.                                         Email: PHalprin@PasichLLP.com
Email: sseaman@hinshawlaw.com
Tel: +1 (312) 704-3699                                    Email: Daniel@lawandforensics.com                         Tel: +1 (646) 974-6470.
                                                          Tel: +1 (206) 228-5457                                    Full bio HERE (secure)
Full bio HERE (secure)

INSURANCE RESEARCH LETTER • June 2020
Business Interruption Insurance Coverage: The Next Century - Pasich LLP
Contributors                                                                      NEWS 5
                             George Worsley                                           David Worsfold                                             Annette Hofmann
                             Adapting your                                            Here comes the cynic                                       Business Interruption
                             corporate culture                                        Page 2                                                     Insurance Coverage:
                             Page 2                                                     David has 30 years                                       The Next Century
                              George has been                                           experience as a jour-                                    Page 11
                              involved in the inter-                                    nalist, mainly covering                                    Annette is MetLife
                              national insurance                                        the insurance industry,                                    Associate Professor
                              industry for more than                                    financial services and                                     of Risk Management
35 years. Having worked with Commercial Union             politics but also writing on a wide range of other        and Insurance; Director of the Risk Management
(now Aviva), Delta Lloyd, Bekouw Mendes and               subjects. In addition, he has a broad experience of       and Risk Analytics Program (M.S.); Maurice R.
Alexander & Alexander (now Aon), The St Paul              editorial management in large and small publishing        Greenberg School of Risk Management, Insurance
Companies (now Travelers) and WBN, he currently           companies, launching and re-launching publications,       and Actuarial Science; Peter J. Tobin College of
runs his own firm, Worldwide Risk Solutions. He           and brand development through the launch of               Business, St. John’s University. In Annette’s words
has vast experience in working in different cultural      conferences, awards and websites and of overseeing        “I have previously held business school faculty
and business environments, speaks several languages       production and design services. David has exten-          appointments at two other universities: Hamburg
and is widely travelled. He has lived in New Zealand,     sive experience of re-aligning content creation and       School of Business Administration (HSBA) and
Belgium, the Netherlands, USA and now England.            delivery for the modern, multi-platform, mobile           the University of Hamburg (Hamburg Business
He has in-depth knowledge of the global insurance         world, especially working with publishing teams that      School) in Germany. At St. John’s, I teach courses
industry. With effect from 2006 he has been advising      need to move from a print-centric environment to          in risk management, insurance, econometrics, and
individuals and firms around the world and facili-        the web first world of today. A key part of this was      financial mathematics. My research involves the
tating global business strategies and international       developing effective strategies for delivering content    application of microeconomics and data science
business development. This involves intensive con-        through Apps. This includes a wide knowledge and          techniques to the analysis of interdependent risk
tacts with retail, wholesale and reinsurance brokers      understanding of the role social media plays in mod-      networks, decision-making under risk, prevention
and agencies, access to training, skills and expertise    ern media. He was also responsible for developing         decisions, insurance markets, health care markets,
in handling insurance and risk management projects        video and audio content for Incisive Media’s websites     and industrial organization. With over 15 years of
in many countries. George was closely involved            through two top quality in-house studios.                 research and teaching experience in the field of risk
with structuring networks such as Brokers Link, has       Email: david@worsfoldmedia.com                            and insurance economics, I have an extensive aca-
completed projects with Assurex, HLA (now Wells                                                                     demic background with more than 35 publications
Fargo), UNiBA, UNISONBrokers and WING, to                                             Meyer Mandel                  in this field as well as over 10 years of experience
name a few. He advises many firms on a one off                                        Business Interruption         as an active faculty member at 3 different Business
basis and remains on the contact list of brokers in                                   Insurance Coverage:           Schools after completion of my Ph.D. in Germany.
more than 100 countries around the world. George                                      The Next Century              This includes working as an Assistant Professor
is married and has three children. He is an ardent                                    Page 11                       and Stand-in Chair for 4 years at the University of
sports fan, loves cooking, gardening, reading, history                                                              Hamburg (German research excellence university)
and listening to music.                                                                Meyer is the Founder         and 5 years in the U.S., plus 2 years as a Full Profes-
                                                                                       and President of M           sor at another business school helped me to develop
Email: george.worsley@worldwiderisksolutions.com                                       Squared Advisory,            my skills as a researcher and instructor.”
Tel: +44 7968 191511                                      focusing on risk consulting and mentoring Insurtech
                                                          startups. Meyer has over twenty years experience          Email: hofmanna@stjohns.edu
                             Duke Williams                within the (re)insurance industry, starting at Willis     Tel: +1 (212) 277-5144
                             Is the Insurance Office      followed by TransRe underwriting specialty property
                             Going Away for Good?         before spending 15 years with catastrophe modeling                                     Jason Schupp
                             Page 15                      firms CoreLogic (EQECAT) and RMS. During that                                          COVID-19 and Workers’
                                                          time, Meyer worked with the global industry on in-                                     Compensation
                               Duke is founder                                                                                                   Page 14
                               of Simply Easier           tegrating data and analytics for transferring, trading,
                               Payments, a leading        underwriting, aggregating, and managing risks. Mey-                                     Jason is the founder
                               no-cost total payment      er became proficient with contingent risks after Hur-                                   and managing member
solution partner for insurance and other industries       ricane Katrina and started working on the concept                                       of the Centers for
accepting mobile or online payments. Providing a          of Supply Chain Comprehensive Business Interrup-                                        Better Insurance. CBI
one-stop credit card payment processing solution          tion Insurance (SCCBII). He joined AIG thereafter         is an independent organization making available
designed especially for insurance agencies, brokers       to head their Supply Chain Risk practice. During          unbiased analysis and insights about key regulato-
and carriers, it offers a hassle-free experience          that time, Meyer expanded his understanding of all        ry issues facing the industry for use by insurance
without the high fees other providers charge, and         different risks that can impact supply and demand         professionals, regulators and policymakers.
it’s 100 percent compliant in all 50 states in the U.S.   chains, including cyber, trade credit, political, cargo   Email: jason.schupp@betterins.org
Since 1996, Simply Easier Payments has provided           and intermodal logistics risks. He has developed an       Tel: +1 (240) 357-8914
secure, compliant and reliable payment solutions          E2T2 model to contingency risk expectations. Meyer
to thousands of businesses around the nation with         was a trustee scholar and graduate of the Greenberg
reliability and affordability being the cornerstone       School of Risk Management & Insurance at St.
principles for delivering real, working solutions to      John’s University’s Tobin College of Business, and
its customers. To learn more, visit: https://www.         currently serves on their alumni board. He is also a
simplyeasier.com.                                         member of the Risk and Insurance Council of the
                                                          American Management Association. He has present-
Email: duke@simplyeasier.com.                             ed to global regulators, analysts and participated in
                                                          numerous industry round table discussions.
                                                          Email: meyer@sccbii.com
                                                          Tel: +1 (201) 245-6383

                                                                                                                        INSURANCE RESEARCH LETTER • June 2020
6 NEWS                                                                Synopsis
Synopsis
                                           others in the form of webinars or       platform.
                                           virtual events later this year. IMAC
                                           asks speakers to continue sending       Ironshore Environmental
Volume 31, Number 6, June                  presentations these in if you are       Offers New
2020                                       willing to deliver these as webinars    Contractors’ COVID-19
                                           or virtual events - which provide       Remediation Endorsement
Companies                                  greater opportunity for Q&A. Visit          Ironshore Environmental is now
SEC fines insurer Argo for                 IMAC’s Call for Speakers web-page       offering a COVID-19 endorsement
failing to disclose $5.3M in               at: https://caymanintinsurance.ky/      that can be added to its Contrac-
perks paid to former-CEO                   speakers-2/ and read the import-        tors’ Environmental Legal Liability
Watson                                     ant information carefully, which        (CELL) policy for certain contractor
                                           includes feedback from our Forum        classes, effective immediately. Iron-
   Securities regulators levied a
                                           2019 on topics of interest and the      shore’s CELL coverage responds to         Michelle
$900,000 fine against specialty
                                           web-link where you will submit all      third-party bodily injury, property       McLaughlin
insurer Argo Group International
                                           your speaker proposals. Presenta-       damage and remediation of envi-
Holdings for failing to disclose
                                           tion panels should be comprised of      ronmental damages resulting from
about $5.3 million in perks awarded
                                           2 or 3 speakers and include at least    pollution incidents caused by the
to former CEO and President Mark
                                           one Cayman captive owner/risk           contractor’s work at a job site.  Iron-
E. Watson III.
                                           manager. Upon acceptance IMAC           shore’s new COVID-19 coverage
Berkshire Hathaway dumps                   will forward a copy of the speak-       is specifically designed for experi-
its’ remaining stake in                    er guidelines which will include        enced environmental and disinfec-
Travelers                                  important information and the           tion contractors. The COVID-19
   Warren Buffett’s Berkshire Ha-          date they need to receive your final    remediation endorsement is being
thaway sold its remaining stake in         presentation. The final speaker se-     offered on a claims-made, prac-
The Travelers Companies (Travel-           lection and agenda is expected to be    tice or project-specific basis with
ers), a financial filing released by the   available in September 2020. If you     available limits of up to $5 million.
Security and Exchange Commis-              have any questions or suggestions,      COVID-19 remediation coverage is          Marc Lipman
sion (SEC) on May 15 revealed.             please email William Forsythe,          available with a minimum premi-
The investments were worth about           General Manager, IMAC Insurance         um of $25,000 with a minimum
$43 million on December 31.                Managers Association of Cayman          deductible of $50,000.
                                           @ william.forsythe@caymancap-           Skuld agrees sale of
Brit & Google Cloud launch                 tive.ky
first algorithmically driven                                                       Lloyd’s Syndicate 1897 to
Lloyd’s Syndicate, Ki                      Hippo Acquires Spinnaker                RiverStone –
   Specialty insurer and reinsurer         Insurance Company                          Norwegian marine insurer Skuld
Brit has collaborated with Google             Licensed Insurance Carrier Will      has reached an agreement with leg-
Cloud to launch Ki, a fully digital        Become Part of Hippo’s Family of        acy provider RiverStone for the sale
and algorithmically-driven Lloyd’s         Companies. Hippo, the high-growth       of Skuld Lloyd’s Syndicate 1897,
of London syndicate designed to            company that’s transforming             which was placed into run-off in
redefine the commercial insurance          home insurance and ownership,           July 2019. The transaction is subject
market as a ‘follow-only’ syndicate.       announced that it has entered into      to regulatory approval. Read more
                                                                                                                             Thaddeus Woosley
The new standalone business is             a definitive agreement, pending
expected to launch in 2021, and the        regulatory approval, to acquire         People
pair state that its creation marks a       Spinnaker Insurance Com-                                                          claims functions. Based in New
                                                                                   Kang Joins Allianz From
step change for an industry yet to         pany, a national property and                                                     York, he will report to Paul Schia-
                                                                                   Willis Towers Watson
face the disruption seen across other      casualty insurer licensed in 50                                                   vone, North America regional head
                                                                                   to Head Cyber in North
financial services and industries. Ki,     states and rated A- (Excellent) by                                                of Financial Lines, North America
                                                                                   America
the Lloyd’s market’s first fully digital   A.M. Best Company. As part of the                                                 and regional head of Corporate
                                                                                      Allianz Global Corporate &             Long Tail Lines and ART.
and algorithmically-driven syndi-          acquisition, Spinnaker will join Hip-   Specialty (AGCS) announced that
cate, will be accessible anywhere,         po’s family of companies. Hippo         Thomas Kang is joining the                Chubb Appoints Chief
anytime, and aims to dramatically          Insurance will continue to operate      insurer as head of Cyber in North         Underwriting Officer of
reduce the amount of time and              as a managing general agent with        America. Kang, an attorney, joins         its North America Middle
effort it takes for brokers to place       a portion of its premiums to be un-     AGCS from Willis Towers Wat-              Market and Small Business
their follow capacity. It’s expected       derwritten by its affiliate Spinnaker   son, where he served as Global            Insurance Divisions
that this will help to drive greater       and the balance underwritten by         Cyber Product leader since 2018.             Chubb has appointed Michelle
efficiency, responsiveness and com-        other carrier partners. Spinnaker       During this time, he formulated           McLaughlin Chief Underwriting
petitiveness.                              will operate independently under        cyber product strategy across both        Officer of its North America retail
                                           the Hippo umbrella and main-            traditional and specialty lines of
Cayman Captive Forum                       tain its position as a best-in-class
                                                                                                                             commercial property and casual-
Cancelled                                                                          business. Earlier in his career, Kang     ty insurance division that serves
                                           program and fronting company.           was with The Hartford, as led and
   Insurance Managers Associa-                                                                                               middle market and small businesses
                                           Spinnaker will continue to service a    product manager for Cyber, Tech
tion of Cayman made the difficult                                                                                            through 48 offices in the United
                                           diverse portfolio of top-quality pro-   and Professional Liability insurance.
decision not to hold the Forum for                                                                                           States and Canada. In this capacity,
                                           gram administrators and drive the       He also spent three years at ACE
2020. IMAC is working to provide                                                                                             Ms. McLaughlin will guide the busi-
                                           growth of its value-added program       Group in senior cyber service and
content to IMAC members and                                                                                                  ness lines’ underwriting strategies

INSURANCE RESEARCH LETTER • June 2020                                                                                        Synopsis, Continued on page 17
ABC Review–Agent, Broker, Consultant News NEWS 7
ABC Review                                and automation software                  America. Led by Oliver Marx, the
                                          provider                                 business prides itself on the close re-
                                             Marsh & McLennan Compa-               lationships that they provide to risk
Aon to lead restart effort in                                                      buyers and risk sellers, and the abili-
                                          nies, Inc.’s Oliver Wyman recently
Chicago                                                                            ty to offer buyers customized service
                                          acquired a minority stake in Cor-
   Going back to work won’t be            ridor Platforms, which is a leading      and a global trading re-insurance
business as usual. A group of Chi-        decision workflow governance and         and insurance market in which to
cago companies is creating a play-        automation software provider. In         find cover. The five-strong team has
book to restart Chicago’s economy.        July 2019, Oliver Wyman entered          over 50 years of combined experi-
Aon is leading a coalition of major       into a strategic partnership with        ence between them and will remain
Chicago corporations to draw up           Corridor Platforms to offer banks        within the business following com-
safe standards for restarting the         and non-bank financial institutions      pletion of the deal. Earlier this year,
economy from the coronavirus              solutions and help update and            PIB also announced the acquisition        Steve Petrevski
pandemic, creating a model that           digitize credit extension, transac-      of the employee benefits division
the consulting and risk manage-           tions and end-to-end risk manage-        of Sanlam Wealth Planning UK,
ment giant plans to expand to cities      ment. This tie-up allowed Corridor       and more recently BK Insurance
throughout the world. Read more           Platforms’ unique, modular and           Brokers and RA Insurance Brokers.
                                          cloud-based risk management plat-        In total, the Group has made 29
Arthur J. Gallagher & Co.
                                          form that assists in credit modeling,    acquisitions since December 2015
Acquires CRES Insurance
                                          loan valuation and real-time policy      with support by an investment
Services,
                                          execution to combine with Oliver         from the Carlyle Group, one of the
   Arthur J. Gallagher & Co.                                                       world’s largest and most diversified
                                          Wyman’s competence in risk man-
announced the acquisition of Las                                                   global investment firms, with $217
                                          agement, such as next-generation
Vegas, Nevada-based CRES                                                           billion of assets under management
                                          risk analytics, model development
Insurance Services, LLC. Founded                                                   across four core business segments
                                          and data or process management.
in 1996, CRES designs, markets                                                     and 392 investment vehicles.
                                          Oliver Wyman utilized Corridor
and services comprehensive errors                                                                                            Andy Barrengos
                                          Platforms’ solution to enable timely     Nexus broking division
& omissions insurance and risk
                                          end-to-end credit decision making        acquires trade credit
management services to real estate
                                          while enhancing governance. With         business from Howden UK
firms and professionals across the
                                          Corridor Platforms, the process of
United States, particularly in the                                                     Insurance intermediary holding
                                          big data and analytics can be con-
Southwest. The CRES team will                                                      company, Nexus Group announced
                                          densed to a few weeks from months.
continue to operate from their cur-                                                its independent broking arm Xenia
                                          This strategic initiative is the right
rent locations in Las Vegas and San                                                Broking Group acquired the trade
                                          move during these challenging
Diego under the direction of Kevin                                                 credit business of Howden UK.
                                          times as demand for fast credit
Garvin, head of Gallagher’s North                                                  Xenia will integrate Howden’s trade
                                          models and decisioning is at its
American Affinity operations.                                                      credit business with its regulated en-
                                          peak. Notably, Corridor Platforms
                                                                                   tity Credit Risk Solutions Limited.
Higginbotham Grows                        will be able to gain traction from
San Antonio Practice                      Oliver Wyman’s experience in the         Willis Towers Watson to sell
with Amerman Insurance                    forefront of risk management and         Max Matthiessen
Services Merge                            advanced analytics. The deal was            Willis Towers Watson is selling its    Stan Loar
   Higginbotham and Amerman               struck at a time when the market is      Swedish insurer Max Matthiessen
Insurance Services, an independent        quite volatile with insurers facing
                                          high claims and new threats in the
                                                                                   to private equity firm Nordic Cap-        People
broker in San Antonio, Texas, have                                                 ital, in a bid to scale up the compa-
merged operations. The union adds         wake of the coronavirus outbreak.        ny’s operations, product innovation       Aon appoints new data &
eight commercial and personal                                                      and accelerate its organic as well        analytic services leader
                                          Munich based Marx Re-
property/casualty insurance and                                                    as acquisitive growth. The Swedish           Aon has promoted Steve Pe-
                                          Insurance Brokers is
employee benefit professionals                                                     firm is said to be among the top          trevski as senior vice president and
                                          acquired by PIB Group
to Higginbotham’s existing local                                                   financial advisors within pensions,       general manager of data & analytic
practice for a combined 38-person            PIB Group Limited (PIB) has ac-                                                 services.
                                                                                   insurance, and investment in the
group. Higginbotham’s San Anto-           quired Marx Re-Insurance Bro-
                                                                                   Nordic region. Established in 1889,
nio office will partner with Amer-        kers, based in Munich, Germany.                                                    Howden entices two from
                                                                                   Max Matthiessen has been engaged
man Insurance to bring its single         The move reflects PIB’s ongoing                                                    Aon
                                                                                   in offering occupational pensions,
source solution for insurance and         ambition of international expansion                                                   The CEO of Aon EMEA Spe-
                                                                                   asset management, and non-life
financial services to area businesses.    and widens the Group’s proposition                                                 cialty Luigi Sturani and Chief
                                                                                   insurance products. The company
The partnership is part of Higgin-        into providing reinsurance solutions.                                              Commercial Officer, Aon EMEA
                                                                                   has 440 full-time employees. Max
botham’s growth strategy that sees        Founded in 2009, Marx Re is a                                                      Specialty Enrico Nanni have
                                                                                   Matthiessen has nearly 30 locations
it merging with other independent         reinsurance and insurance broking                                                  resigned from the global broker and
                                                                                   across Sweden and reportedly has
brokers that expand its capability        company with a global network                                                      will join Howden Broking Group
                                                                                   around 13,000 corporate clients.
to support a mounting number of           of clients. It has a major focus on
                                                                                   Last year, the company had reve-          Woodruff Sawyer
clients seeking all-inclusive services.   asset-based business, primarily in
                                                                                   nues of SEK1.55 billion (€148m).          announces leadership
                                          property and construction, power
                                                                                   In 2014, Willis acquired a stake of       changes
Marsh unit buys decision                  generation and renewable energy
                                                                                   about 75 percent in Max Matthies-
workflow governance                       sourced from Europe and Latin                                                        Woodruff Sawyer announced
                                                                                   sen for $205 million.                     Andy Barrengos, Woodruff Saw-
                                                                                                                             ABC Review, Continued on page 18
8 NEWS                                          Recently Published • Global Briefs

Recently Published                                                    Global Briefs
Aon Research Details Volume of                                        China – China Pacific Insurance                   • Trade credit insurance coverage to be
Representations and Warranties                                        gets green light for London listing                 maintained across the market in light
Insurance Claims                                                         China Pacific Insurance Group has                of COVID-19, with up to £10 billion
   Aon has released the “Representations and Warranties               received regulatory approval to issue               government backing
Insurance Claim Study: An analysis of claim trends, data, and         125.73m global depository receipts (GDRs),        • Measures will support thousands of
recoveries” analyzing data it has collected with respect              which will be listed on the London Stock            businesses by protecting against customer
to nearly 2,500 representations and warranties (R&W)                  Exchange. The green light was granted by            defaults or payment delays
insurance policies placed by Aon in North America,                    the China Securities Regulatory Commis-           • Scheme is available on a temporary basis
as well as approximately 340 claims made on those                     sion. Swiss Re has agreed to be a corner-           for nine months, backdated to 1 April
policies during the same period. The report’s findings                stone investor by subscribing to a stake of         2020, and available insurers operating in
show that a consistent percentage of insured deals over               up to 1.5 percent, China Pacific said. The          the UK market
the study’s four-year period resulted in a R&W insur-                 Swiss insurer will be subject to a three-year
ance claim and significant claim payments were made:                  lock-up. The listing of the GDRS is under         Note to Readers:
• On average across the study period, claims were                     a stock exchange cooperation scheme,              • Trade Credit Insurance underwrites
  filed on approximately one out of every five R&W                    known as the Shanghai-London Stock Con-             an estimated £350 billion of economic
  policies.                                                           nect scheme. The GDRs represent about 10            activity of more than 630,000 businesses
                                                                      percent of the insurer’s A shares traded on         in the UK each year. It insures suppliers
• Aon clients received more than $350 million in
                                                                      the Shanghai stock exchange, China Pacific          selling goods against the company they
  claim payments above the policy retention.
                                                                      said. The Shanghai-based insurer is the             are selling to defaulting on payment,
• Of the 340 claims:                                                  second company to be approved for listing           giving businesses the confidence to trade
• 30% of claims were resolved, where insurers either                  under the so-called Shanghai-London Stock           with one another
  paid loss to the policyholder or acknowledged loss                  Connect programme launched in June
                                                                                                                        • Due to coronavirus and businesses strug-
  within the retention;                                               2019. Brokerage Huatai Securities is its first
                                                                                                                          gling to pay bills, there is a risk of credit
• 54% remain active; 12% are inactive; and                            and only listing to date
                                                                                                                          insurance being withdrawn or premiums
• 4% were denied.                                                     Hong Kong – Insurance Authority                     increasing to unaffordable levels, which
                                                                      warns against fraudulent website                    could cause serious issues for liquidity and
Busy Atlantic hurricane season predicted                                                                                  working capital across business supply
for 2020                                                                 The Insurance Authority (IA) today (19
                                                                      May 2020) alerted the public to a fraudulent        chains
   Multiple climate factors indicate above-normal
                                                                      website with the domain name of “http://          • The scheme will be delivered through a
activity is most likely. An above-normal 2020 Atlantic
                                                                      www.baofengins-hk.com”. The fraudulent              reinsurance agreement that is open to
hurricane season is expected, according to forecasters
                                                                      website purports to be the official website         all insurers currently operating in the
with NOAA’s Climate Prediction Center, a division of
                                                                      of an authorized insurer of Hong Kong,              UK market, covering both domestic and
the National Weather Service. The outlook predicts
                                                                      Paofoong Insurance Company (Hong Kong)              overseas trade with payment terms of up
a 60 percent chance of an above-normal season, a
                                                                      Limited (Paofoong). Paofoong has confirmed          to 2 years
30 percent chance of a near-normal season and only
                                                                      that it has no connection with the fraudulent     • The scheme rules will also require partici-
a 10 percent chance of a below-normal season. The
                                                                      website. The case has been reported to the          pating insurers to comply with certain un-
Atlantic hurricane season runs from June 1 through
                                                                      Hong Kong Police Force for further investi-         dertakings regarding the conduct of their
November 30. Read more
                                                                      gation. Anyone who has provided personal            business during the period of the scheme.
IUMI Eye Newsletter June 2020                                         information to the website or has conducted         This includes conditions that insurers will
   Read here                                                          any insurance transactions through the web-         forgo profits and will not pay dividends or
                                                                      site should contact Paofoong Customer Ser-          bonuses for senior staff for their guaran-
Business Insurance’s list of highest paid                             vices Hotline at 2290-3580, and report the          teed Trade Credit Insurance business
insurance executives                                                  case to the Hong Kong Police Force. Any
                                                                                                                        • To protect businesses that the private
   Read here                                                          company carrying on insurance business
                                                                                                                          credit market cannot insure, export credit
                                                                      in or from Hong Kong must be authorized
Zurich: Societal Risks in a Post                                      by the IA under the Insurance Ordinance
                                                                                                                          insurance is also available from UK Ex-
Covid-19 Era                                                          (Cap. 41). The full list of authorized insurers
                                                                                                                          port Finance to cover UK exports to 180
    Increasing inequality, shifting consumer behaviors                                                                    countries. Government-backed export
                                                                      in Hong Kong can be found on the Register
and record levels of unemployment mean hard lessons                                                                       insurance from UKEF can protect the
                                                                      of Insurers on the IA website.
need to be re-learnt. John Scott, Head of Sustainabil-                                                                    230,000 businesses that export from the
ity Risk and Zurich Insurance comments in the WEF                     United Kingdom – Trade Credit                       UK against the risk of not getting paid
& Zurich Insurance Covid-19 Risk report: “Increasing                  Insurance backed by £10 billion                     when selling internationally
inequality, dramatically shifting consumer behaviors and a lock-      guarantee                                         • Implementation of the scheme is subject
down that is having a significant toll on young people’s prospects,   • Government to provide guarantees of up            to state aid approval, agreement of full
mental health and wellbeing are highly interdependent issues            to £10 billion to Trade Credit Insurance          form documentation with insurers and
which impact the global economy, geopolitics and our societies          schemes for business-to-business transac-         acceptance of applications from insurers
in equal measure. On top of this, we are already seeing record          tions.                                            for participation •
levels of unemployment due to lockdown measures and are having
to re-learn hard lessons - in particular that social deprivation
determines health outcomes.” •

INSURANCE RESEARCH LETTER • June 2020
A service of IRMI®

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10 NEWS                                         World News: Americas

                                                 WORLD NEWS

          Americas
                                                                                  a NECESSITY?
  PERU                                                                               For this reason, we state that any preference, understanding, discrepancy
                                                                                  or imbalance between any of these concepts, reduces the sense of responsi-
Is a Risk-free Economic Recovery Feasible?                                        bility and increases the risk that irresponsible behaviors and actions will be
By Antonio Attías and Idan Cabello                                                carried out and even supported and/or allowed.
  Sure—It just requires a balance between NECESSITY, DUTY and                     But what is RESPONSIBILITY?
POWER                                                                               It is the ability to answer for our rights and duties before others. It is to
   The words “NEED”, “CAN” and “HAVE TO” are commonly used on                     have the power to confront and accept the consequences of our behavior
a daily basis, yet their definitions and differences are sometimes misunder-      and actions.
stood.                                                                               Claiming to be a responsible person or company implies defending our
  Understanding each word leads to the decisions that guide the lives of          rights and fulfilling our duties in search of balance: “Exerting power to
people and organizations, for example, the responsibility to exist or create      meet the needs of society and thus fulfill our duty within the social system
employment.                                                                       in which we work.” This is our responsibility.
  Let’s look at these definitions according to the Spanish dictionary:              Applying this definition of responsibility to the current situation in Peru,
• Necesitar (need): From Latin “necessitas,” and this from “necesse” (“in-        we see that we have many scenarios worthy of analysis.
  evitable,”) the prefix “ne” means “no” and the verb “cedere,” means “to           For example, the case of the newly updated At-Risk Population group (*,
  stop.” This means “not to stop”—that is to say, something that a person         below).
  or organization pursues without stopping until it is achieved.
• Deber (have to): From Latin “debere,” and this from “de-                           GOVERNMENT                 COMPANY                       WORKER
  hibere” composed of the prefix “de” which means “depri-                            Revive all the             Restart production            Maintain my
  vation” and the verb “habere” which means “to have.” It is                         economic activities        to comply with                creative and
  understood then, as the idea of an obligation and commit-                          gradually to recover       workers, suppliers, and       productive
                                                                      I NEED TO      and improve the            creditors, considering        capability, which
  ments undertaken.                                                                  quality of life of         that 20% of my payroll        involves being in
• Poder (can): from Latin “potere,” and this from “posse,”                           citizens.                  is at risk and not            good health.
  being interpreted as the possibility and therefore being able                                                 working.
  to do what you set your mind to.                                                   Ensure an adequate         Maintain the labor            Cover the basic
   Regarding CAN, meaning to have power to, understood as                            level of public health     rights of the entire          needs of my
                                                                      I HAVE TO      and implement              payroll, considering          family such as
the action that is exerted on human beings by human beings                           policies to ensure         that I only have 80% of       food, shelter,
themselves, we consider that the first power concerns oneself,                       decent employment.         the workforce.                education, etc.
so in the case of a person, it could be called—if we are allowed
                                                                                     Guarantee the              Restart operations            Work without
and to simplify such a complex definition—“self-control” and                         constitutional right       safely, make up for lost      compromising my
in the case of an organization it can be called “safe produc-         CAN I?         to work of every           time and recover the          safety and that of
tion.”                                                                               citizen.                   production capacity           my colleagues?
                                                                                                                that was shut down?
   That said, and focusing on companies, some logical ques-
tions arise as follows:
                                                                                  Thoughts as Occupational Health and Safety
Could we call this “safe production” a DUTY beyond                                professionals:
POWER?                                                                            1. We must understand that there are strong preferences at a personal or
Or does that “safe production” go beyond that and become                             corporate level for any of these concepts, which undoubtedly impact on

INSURANCE RESEARCH LETTER • June 2020
Americas                                                                  NEWS 11
  the sense of responsibility and accountability. This implies additional         coverage for financial losses to a running business is a lot less popular.
  work on our part to always maintain the balance.                                  A recent press release quoting Chubb Ltd’s CEO Evan Greenberg, states
2. We have new challenges in managing the physical and mental health              that exposure will come from travel insurance, A&H, Business Interruption,
   risks that will emerge from new working environments.                          Surety, Trade Credit, and Workers Comp. Perhaps even from Errors and
3. It is time to demonstrate our added value, as we could ensure that com-        Omissions policies for creating gaps in coverage for not anticipating inter-
   panies with creative, innovative, competent, intelligent safety areas are      ruption from other known perils and its impact to the entity.
   the ones that will manage to stay competitive in the market.                      We have seen many instances historically where physical loss to a
4. It is worth mentioning that besides what has been analyzed here, “I            property was not the sole cause of economic loss destabilizing the finan-
   want” appears as a new element within the equation that we must keep           cial health of the business’ balance sheet, the global catastrophic nature
   in balance, since there are people who do not follow the rules and reg-        of the COVID-19 pandemic has highlighted the enterprise risk manage-
   ulations, and not because it is necessary, but simply because they “don’t      ment (ERM) shortcomings of BI/CBI residing in the traditional property
   want to”, as part of a misunderstood exercise of power.                        policies, and having to find consequential loss coverage that would match
                                                                                  the same terms and conditions from other underwriters in other sectors.
(*) At-Risk Groups:                                                               Businesses, large or small, need the “indemnification” provision to maintain
  A group of people with individual characteristics associated with a             normal operations or financial viability. Relying on BI or CBI coverage is
higher risk of complications from COVID-19. People over 65 years old or           prudent risk financing and should never be overlooked in any ERM pro-
who have comorbidities such as: high blood pressure, diabetes mellitus, car-      gram. However, it must trigger regardless of the peril, it is very limited in
diovascular diseases, asthma, chronic lung disease, chronic kidney failure,       scope and can be irrelevant if it is narrowly included only within the realm
cancer, obesity or other immunosuppressive conditions.                            of property coverage. When financial disruption occurs due to a cyber
Reference: Ministerial Resolution N° 283 – 2020 – MINSA                           attack, a political risk crisis, or even a products liability decreasing profits,
                                                                                  there is no less strain on the necessity to maintain financial and operational
                                                                                  stability for the sake of business continuity. A pandemic is just another peril
  UNITED STATES                                                                   in a long list of possibilities which can cause an interruption.
                                                                                     A trail blazing Scottish broker and actuary, Ludovic McLellan Mann,
Business Interruption Insurance Coverage:                                         introduced consequential loss coverage as part of the property policy forms.
The Next Century                                                                  The immediate need is for a new trail-blazer to expand the claims trigger
                                                                                  of BI and CBI to incorporate multiple perils. Just like a homeowners in-
By Annette Hofmann and Meyer Mandel                                               surance policy became an umbrella for the property and liability coverages
   “Consequential Coverage”, also better known as Business Interruption           pertaining to personal property in one policy, so too a new “Comprehen-
(BI) or Contingent Business Interruption (CBI) coverage, has originated and       sive” BI/CBI umbrella is needed to cover all aspects of Supply & Demand
therefore resided over time within the greater property insurance coverage        Chain Insurance.
area. Other policy types and forms have also been known at times to offer            Whether BI or CBI loss is caused due to property, marine/inland-ma-
coverage for what essentially became known as “loss of income” coverage.          rine/cargo, political risk, trade credit, cyber, products liability, pandemic
The current global pandemic highlights the obvious need to further develop        (A&H), or even workers comp (like a NBCR terror attack), submitting the
consequential loss of income insurance that applies to a wider spectrum of        same exact risk(s) to all these different underwriting silos is not feasible,
potential loss scenarios. There seems a growing need to achieve true busi-        efficient or logical. Every underwriter will have their own wording, terms
ness resilience with determined risk management standards that commer-            and conditions for the same risk(s). How does this make any sense for any
cial enterprises are dependent on. Before Covid-19, it was not even part of       corporate Risk Manager? Which broker will accumulate all these responses
the debate whether a pandemic would be part o floss-of-income insurance,          from all the underwriters and all the carriers they approached and then
even though our new technological realities allow us to respond to this need      present to their clients?
of evolving loss potentials.
                                                                                     One can only imagine the conversation between a risk manager and
   A day does not go by lately without an article or some other news source       their broker or insurance advisor. Carrier A will provide coverage for perils
dedicated to a discussion surrounding insurance industry payouts for              A, C, D but not B unless the deductible is excess of a certain amount, while
this new pandemic. These dialogs amongst legislators, attorneys, policy           Carrier B will provide consequential loss coverage for B, D, and G and pos-
holders, carriers and just anyone willing to render an opinion or comment         sibly A if there was a limit on a specific criteria. A nightmare with a colossal
on whether the Business Interruption coverage is going to be the source           headache in the making.
of a claim followed by a payout. Even Christopher Swift, CEO of The
Hartford, revently pointed out that “ever since the pandemic began, some              Yet, a solution is most timely and extremely necessary. The president of
plaintiffs’ attorneys have been pushing a false narrative, claiming that …        NAMIC, Charles Chamness, recently said, “Pandemics simply are not in-
insurance companies owe money to businesses shuttered by Covid-19 and             surable risks; they are too widespread, too severe, and too unpredictable for
we improperly refuse to pay. These lawyers want to turn our customers’            the insurance industry to underwrite”. Is this really the case? An uniden-
carefully protected and managed premiums into an all-purpose rainy-day            tifiable risk should not be insurable when it is unquantifiable. Many high
fund, which they were never intended to be. That’s not how insurance              severity low frequency events fall into that category have been deemed for
works nor is it a realistic solution to this economic conundrum caused by         years to be outside the realm of traditional actuarial principles, lacking the
the shutdowns”. While Mr. Swift is correct, when there are missing parts          law of large numbers. If people died because of a pandemic would their
in the insurance coverage provided, this is where the risk management func-       life insurance policies not pay out? Is that any less widespread than busi-
tion has fallen short and needs to be addressed.                                  nesses? When SARS and swine flu occurred, model vendors approached
                                                                                  the market with quantifying tools just like is available for other severe and
  For consequential losses emanating from the property sector’s BI or CBI         unpredictable catastrophic events.
policies, a claim is typically triggered only if there was a physical loss. The
economic loss component covering financial losses to the running business            We live in a technology-infused society and capture all forms of data, so
would have to be the result of an insured physical loss incurred to the           that creating an umbrella policy for business interruption and even con-
property - whether their own or one of their vendors. While cyber policies        tingent business interruption covering supply chain insurance needs to be
and other liability forms might also have provisions for consequential losses,    possible simply because it is easily quantifiable. Perhaps requiring different

                                                                                                                   INSURANCE RESEARCH LETTER • June 2020
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