IRMI Update—Issue #64
An E-mail Newsletter for Risk and Insurance Professionals
ISSN: 1530-7948
May 6, 2003
In This Issue
Colleague,
A major concern—indeed a major risk—for all of corporate America is the capabilities
of its future workforce. As baby boomers age and begin retiring, many companies
will lose an incredible amount of knowledge and experience. Like most other
industries, this is a major concern for the insurance industry. Layoffs, downsizing,
and cuts in training and education programs have left the industry extremely
vulnerable. The only way to manage this risk is to bring young people into the
industry, provide excellent training to all workers, and give them access to
the information they need to be successful.
Fortunately, the insurance industry may be responding to this problem. There
seems to be a considerable increase in interest in and emphasis on risk and
insurance education at insurers, agencies, and brokerage firms. We've noticed
a number of developments that may point to this trend. Here are a few examples.
- My friends in academia are telling me that, more than ever, national
and regional insurers and brokers and even local independent agents are
actively recruiting risk and insurance majors at the universities.
- Contrary to its usual approach of using internal staff for training
(which it had reduced in the past decade), a major insurer recently outsourced
to IRMI a special nationwide training program for its construction underwriters
and risk control specialists.
- An increasing number of insurers and agents/brokers of all sizes are
now providing Internet or Intranet access to reference materials such as
the IRMI manuals to all their employees.
- My friends at the American Institute for CPCU and the Insurance Institute
of America tell me that the participation rates in their programs have started
to trend upward. Participation in some Institute programs had diminished
due to several factors, including company mergers and acquisitions, and
increased employee workloads.
The business of insurance is one that requires true "knowledge workers,"
and the companies that invest in their people will be the future winners. I
hope the industry continues to hire more risk and insurance majors and encourages
them to obtain CPCU, IIA, CIC, or RPLU designations. I also hope that insurance executives are rethinking their past
decisions to deemphasize internal training programs.
True, my evidence is anecdotal, but it seems to be pointing in the right
direction. What do you think? Has the industry received the wake-up call it
needs? Is your organization hiring young people? Are they being provided the
training they need to become top-notch risk and insurance "knowledge workers"?
[See reader comments.]
Speaking of training, I'm delighted to announce that we are going to hold
our seminar series "Captive Insurance Solutions for the Middle Market" one more
time in three cities. Nearly 500 people have now attended, and they gave the
program rave reviews. If you are thinking about starting or participating in
a captive or risk retention group, attend this seminar. Learn more on this web page.
Thank you for your support. Have a great day!
Jack
Jack P. Gibson
President
IRMI
Implement Enterprise Risk Management Concepts—Many
companies are considering enterprise risk management concepts but are quickly
overwhelmed with the range of issues they need to consider. Here are a few simple
ideas to get things started.
- If you are a public company, begin by asking the person or group that
identifies risks for SEC reports to also identify the top three corrective
actions for the next quarter. Update the list quarterly.
- Ask your insurance brokers for a list of exposures. They should be able
to provide you with information about insurable risks and non-insurable
risks.
- Hold a meeting with representatives from human resources, legal, operations,
finance, and sales to identify overlapping areas of responsibility and gaps.
Typical examples include contract review, credit management, information
technology, employee safety, and acquisitions. Develop processes for managing
overlaps.
- If your company has formal quarterly or annual objectives, ask each
employee to identify the risks that could block implementation and to include
risk mitigation strategies.
- Coordinate the development of a business continuity plan with an enterprise
risk management review. In both cases you need to focus on the areas of
greatest potential loss.
Many formal approaches can be used to categorize, prioritize, and implement
risks but one of the fundamental requirements is cross-departmental communication.
The above measures will help to establish a foundation for future action.
By: John Schaefer
VP-Enterprise Risk Management
ABD Insurance and Financial Services
Redwood City, CA
E-mail:
www.cybersure.com
Suggest a Risk Tip. Future issues of IRMI Update will include more risk tips from our readers. Send
us a practical tip (less than 300 words) for identifying and managing risks,
buying insurance, managing claims, or filling gaps in insurance coverages. We'll
give you credit for your contribution.
In the "New Expert Commentary" section of IRMI Update
63, the following links were incorrect. Below are the correct links. We
apologize for the error.
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A Vote Against Broker-Drafted
Manuscript Policies—Ken Wollner explains why he believes manuscript
wording should be used only to the extent necessary to achieve an important
risk management objective.
-
Subdivision/Improvement
Bonds—Also referred to as site improvement, plat, completion,
or simply performance bonds, subdivision/improvement bonds help cover the
owner/developer. Rolf Neuschaefer explains.
There are now 413 articles on IRMI.com, and many more are in production.
Below you'll find summaries of some recent additions with links to the articles.
-
How To Overhaul Your
Panel Counsel Network—Michael Boutot discusses how to tune up
your litigation management program by selecting a panel of law firms that
will work with you to reduce and control legal costs.
-
The Myth of "Third-Party"
Property Damage—Pat Wielinski discusses the varying judicial
application of standardized CGL definitions to claims involving defective
work, and the coverage myths that have arisen as a result.
-
Policy Limitations
on Coverage: A D&O Trend in a Hard Market—D&O insurers appear
to be denying coverage more frequently now than in the soft market, relying
on the personal profit, fortuity, and insurable loss arguments. John Black
Jr. examines the recent case law.
-
First Quarter 2003 CIAB
Market Survey: Markets May Be Stabilizing—About two-thirds of
small, medium, and large accounts are still seeing up to 20 percent increases
for all lines but, unlike previously, only few are seeing 20-30 percent
increases.
-
The "Fronting" Wars
Continue—Michael Mead discusses the current fronting shortage
and how captives that are thoroughly researched and competently formed,
regulated, and managed can avoid the problem.
Cell Phone Bans for Drivers:
Wise Legislation?—Robin Olson examines the research studies surrounding
the issue of cell phones and driving. Since the conclusions rarely agree, he
feels legislation banning cell phone use should wait until uniform data can
be collected to accurately assess the problem.
Sign Up To Get the Conference Brochure—The
23rd IRMI Construction Risk Conference will be held November 17-20, 2003, in
Chicago. If you are not on our mailing list and would like to receive a printed
brochure, please e-mail your complete name and postal address to contact us and ask to be added
to the Construction Risk Conference mailing list. Brochures will be mailed in
late July. Early registration is advised as our room block in the Conference
hotel always fills up quickly, and some workshops may close out early.
Doug
Berry of Butler Pappas Weihmuller Katz Craig LLP provides a legal
perspective on property insurance coverage for IRMI.com. An IRMI.com expert
commentator from its inception, he provides concise, current summaries of what
the courts are ruling on property issues such as windstorm, business interruption,
and specific policy term interpretation. Mr. Berry's practice focuses on litigation
of first- and third-party coverage issues on behalf of insurers throughout Florida
and elsewhere in the Southeast. For more information on Mr. Berry, go to following
links to see his full biography and a list of his
articles.
In IRMI Update #63, Jack mentioned the oft-cited
rule that a full-time risk manager should be able to save an organization at
least 10 percent of its insurance premiums and retentions, and full-time staff
should be hired when these costs reach a level to fund it. We received many
comments from readers regarding this theory, and edited versions are reproduced
below.
- Your 10% savings is a little short. We have tried to track it here in
our operations and it's closer to 16% depending on the business volume.
Financial risk management is coming into a new arena as we get a more global
economy....
—Darrell Teague, Corporate Risk Manager
- Cost or potential cost savings should not be the driving factor in when
to hire a risk manager. Nor should it be a criterion for judging a risk
manager's performance. My personal goals are not (and never have been) based
on saving the company money (it is assumed that I will do the best job I
can) and many elements of the total cost of risk are beyond my DIRECT control.
It simply wouldn't be fair nor does it make a lot of sense.
My company hired a risk manager when they decided that the job was too
big to be handled on a "part-time" basis by the Treasurer. Essentially,
this was when the worldwide sales reached about $500 million and the organization
became truly worldwide. These would not be parameters for all companies.
It really depends on the amount of activity assigned to the risk manager.
We are a generic pharmaceutical and animal health business and have issues
unique to those industries that drive risk management activities. Retail
stores, for example, have an entirely different risk profile and would need
to make the decision differently—maybe based on the number of stores. It
also depends on the tasks that are/would be/could be assigned to the risk
manager. The scope of my job has grown dramatically. This growth is due,
in part, to the growth of the company but is also due to the involvement
of risk management in more and more aspects of the business.
This Risk Management Department is involved in (in addition to financial
analysis and planning): product liability claim management (including litigation),
product selection for the "pipeline," contract review, property conservation,
environment, health and safety, business continuity planning, etc. The common
thread to all activities is the ability (or inability) to finance risk through
the use of insurance and the minimization of such risk.
I think that a professional risk manager is needed when risk control
and issues become too large for a single professional to do "in their spare
time."
—Mary B. Andrews, CPCU, Senior Director of Risk Management,
Alpharma Inc., Ft. Lee, New Jersey
- My approach carries three core analytical elements for justification
of hiring a full-time risk manager.
- Evaluation of Management/Owners in terms of how they value the business
they are operating.
- Analysis of the percentage of employees who produce the greatest
annual revenue.
- The analysis of total revenue in relation to cash flow parameters.
Generically speaking "Management," "Personnel," "Contingencies."
—Samuel T. Williams, President, Professional Economic
Counselors, Inc., Frederick, Maryland
- I don't agree with the philosophy that when an "insurance premium" budget
reaches a certain point that is the time to hire a risk manager. Personally,
I feel a better approach is as follows:
- What type of business is the company involved with? This goes to
exposure. Obviously, the higher the exposure, the more need for a risk
manager. Some exposures of concern would be petrochemical, paint, food,
distribution and fleet, healthcare, manufacturing of equipment/parts,
LPGs, entertainment parks, etc.
- Risk managers do more than place insurance. A company could start
with a risk manager that has experience in not only insurance negotiations/placement,
safety, claims, contracts, policies and procedures, etc. Benefits could
be added also. But there is enough work to justify a good full-time
risk manager to do the types of things that need doing to better manage
the company's exposures in order to mitigate loss, manage the loss if
a loss occurs, and to avoid loss.
- Managing claims/litigation even when a TA is being used is an important
aspect of risk management. Setting guidelines, writing contracts so
there can be more involvement in TA's decisions, writing Litigation
Management Guidelines, and then monitoring the defense panels and TAs,
etc.
A good risk manager, in my opinion, generates work processes, work flows,
policies, and procedures. As the work develops and the company grows, then
comes the justification to add additional staff. Always, there should be
at least a risk manager.
—Mary J. Dilley, County of Riverside, Human Resources
Dept./Division Risk Manager, Riverside, California
- Assuming the applicability of your formula, a company that needs a Risk
Manager but can't afford it under your formula can do this: Contact and
contract an independent contractor (who knows his stuff) who has no competing
industries and pay him on an hourly or piecework basis.
—Marvin Sahl, Risk Manager, Selected Master Franchises
of Jani-King, Palm Springs, California
- The more pertinent question is—How long can you afford not to have a
full-time risk manager? Many years ago when I was still a property/casualty
underwriter, we insured a very nice fabricating and powder coating operation
that had a 1/1/xx renewal date. Prior to the renewal I had ordered an updated
engineering report (from our staff inspectors) which came back clean. The
agent on the account had once again tried to sell them Business Interruption
Coverage—but the client declined, again. The building was of superior construction
and the insured always implemented risk management suggestions our inspectors
made—so they saw no need for the coverage.
A few months later an employee was replacing filters in the spray booth
(custom built, but very nice). Meanwhile, another employee was using a hand
grinder just outside the booth to do some last minute clean up on parts
that were about to be sprayed. A stray spark hit and ignited the exposed
filters and the fire took off—as you might guess, the building was basically
a total loss. On the bright side, their property coverage was excellent;
unfortunately after a couple weeks of initial clean up and talking to some
construction companies, they determined that they could have the building
rebuilt just in time to file bankruptcy. They opted to take an ACV settlement
on the property and close their doors.
Risk management should be viewed as a business necessity. It's nice when
the risk management operations can pay for themselves via cost savings,
but the ability to generate a positive ROI should not be the sole determinant.
In the case I described, we (the insurer) did reinspections every 2 to 3
years. On the day we were there, no grinding was taking place near the spray
room. A full-time risk manager is present every day, and is much more likely
to see potential problems that occur during the course of normal business
activities—and take steps to correct them.
Obviously any business must look at whether or not it can absorb the
expense of a full-time risk manager; and you outline some good rule-of-thumb
guidelines. But the benefits of an effective risk management program go
well beyond the scope of what is covered by the insurance contract. The
value added is often difficult to quantify—but nonetheless essential.
One final thought, an integrated risk management program allows a business
to budget more effectively by having a base fixed cost of risk management,
the risk manager, and by minimizing the uncertain costs of risk (losses,
fines, etc.) that may have not been identified without a full-time risk
manager on staff.
—Gregory Altsman, Supervisor - Corporate Learning Department,
Erie Insurance Group, Erie, Pennsylvania
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