Business Interruption Insurance Coverage: The Next Century - Pasich LLP
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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
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.
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
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
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® Sinc Captive.com is ... e 199 5 • The first and most authoritative online resource for unbiased information on Editors John Salisbury the alternative market and John Foehl have more than 50 years of • Free access to anyone with no sign-in required combined expertise in the captive arena. • Captive thought leader videos • Designed for tablets and smartphones • New Learning Center: online CE and CPE credit About IRMI IRMI was the first publisher of reference content covering the field of risk finance in 1983 with the publication of Risk Financing, a comprehensive reference resource on all aspects of traditional and alternative market approaches. IRMI also publishes the first newsletter to cover the field of captives, Captive Insurance Company Reports, as well as two comprehensive books on the subject of captive insurance. Learn more at IRMI.com/Go/Captives. Contact Monica Sturgeon for advertising opportunities at (800) 827–4242, ext. 379, or Monica.S@irmi.com
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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