IRMI Update—Issue #182

An E-mail Newsletter for Risk and Insurance Professionals
ISSN: 1530-7948
April 23, 2008

In This Issue

Message from the Editor

Colleague,

Securing and providing evidence of insurance in compliance with business contract requirements is a major problem for risk managers and agents/brokers alike. The standard tool provided by insurers—the certificate of insurance—offers its holder virtually no comfort or security. On the other hand, attempts by certificate holders to secure a more robust promise often violate state insurance code or Federal intellectual property law, or place agents/brokers in an untenable situation of making promises that they are not in a position to keep.

Many insurance companies no longer issue certificates. Instead they delegate that task to their agents and brokers with instructions to use a standard form. Often insurers ask their agents and brokers to refrain from even sending them copies. The agent or broker then encounters problems with requests for unauthorized modifications to the standard form or demands that a special manuscript form be used in its place. It's simply an errors and omissions claim waiting to happen.

This problem is not new—it was alive and well 30 years ago when I started out as a risk management consultant. So why on earth, in this era of the Internet and technological wizardry, is it still with us?

Here are a few thoughts on how an online system might work:

  • The insurer sets up a web portal where certificates are requested online.
  • The agent or the insured enters the certificate holder's information, including a few basic specifics about the contract requirement (such as required cancellation notice).
  • The system automatically e-mails a certificate of insurance to the certificate holder, insured, and agent. The certificate could contain all the normal escape clauses to let the insurer off the hook.
  • Also attached to the e-mail, if required, are applicable additional insured endorsement(s) and an endorsement(s) promising advance notice of cancellation via e-mail. The certificate's escape clauses won't apply to these.
  • The certificate holder's information is maintained to allow notice of cancellation in the event this is necessary.

Naturally, there would be many details to implementation. But the bottom line is: it's doable. Not doing so makes insurers appear out of touch with the needs of their policyholders, the customers of their policyholders, and their agents/brokers. Plus, think of the competitive industry advantage the pioneers of such an easy-to-use, much-needed system would enjoy.

What do you think? Have you encountered significant problems with certificate requests? Does it waste too much time and energy for everyone involved? How would you solve the problems? Have you seen an E&O claim arise from certificates? Please share your experience and ideas on this topic.

Thank you for subscribing to IRMI Update. Please pass this issue along to your colleagues with a suggestion that they sign up at the IRMI Update subscription page.

All the best,

Jack

Jack P. Gibson, CPCU, CRIS, ARM
President
IRMI

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Risk Tip: Expand Risk Planning To Include the Unplanned Loss

"We have never had a loss of that type! Why should our risk management plan have included it?"

Solution: Add a new dimension to your annual risk management funding plan—The unknown loss or unplanned for event.

At the end of each year, see if that risk box has been used. If it has, add a new known box to your master plan. Your unknown risk box can also be available on a 3-year rolling average, to act as the "banker" should another risk fund have a temporary short fall.

Now that we have added terrorism and ethics to our "known risk boxes," we can only wonder what the next one will be.

By: Darrell Heppner, Commercial Lines Supervisor
Hub International of California
Pleasant Hill, CA
darrell.heppner@hubinternational.com

SUGGEST A RISK TIP: Send us a practical tip (less than 300 words) for identifying and managing risks, buying insurance, managing claims, or filling gaps in insurance coverages. Submit your risk tips. We'll acknowledge your contribution as we did for Darrell.

What's New in Captive Insurance Company Reports

The April issue of CICR describes in detail Revenue Ruling 2008-8, where the IRS intends to treat each cell of a protected cell captive (PCC) as a separate entity for tax purposes. Other articles on PCC firewalls and the recently pulled tax regulation 1.1502-13(e) are also included.

For IRMI Online and Print subscribers

For SilverPlume Sage subscribers

New Expert Commentary

There are over 1,000 risk management and insurance articles on IRMI.com. Below you'll find summaries of some recent additions with links to the articles.

Cutting Edge Analyses for Risk Financing

Many Fortune 1000 risk managers and the nation's leading insurance professionals use Risk Financing. This indispensable and easy-to-understand reference explains the traditional insurance rating plans and alternative funding options for your organization's risks. See a detailed list of the risk financing topics covered and how it can eliminate risk financing uncertainty.

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