P&C Insurance

Expert Advice: Considerations When Quoting Your Personal Insurance Policies

Expert Advice: Considerations When Quoting Your Personal Insurance Policies

Many policyholders believe that by seeking out new quotes and potentially switching providers, they can secure lower-cost policies. This can certainly be the case but there are several other factors outside of cost that need to be considered when making these decisions.

Directors & Officers Liability (D&O): Beyond the Dec Page

There are many elements to consider when choosing to first purchase or renew a directors & officers liability (D&O) policy. These include the limit of insurance you wish to carry, whether that limit will be shared with other coverages such as employment practices or fiduciary liability, and how much risk you wish to retain via a policy retention. However, there are many other provisions of a D&O policy that warrant taking a closer look at when final decisions are made. In this article, we will review retroactive dates, the duty to defend provision, and the hammer clause.

As you may be aware, a majority of D&O policies are written on a “claims-made” basis. This means that in the event of a claim, it will be the policy in place at the time the claim is made that is responsible for providing coverage (if in fact it is a covered claim). Because of this open-ended period of coverage, many insurance companies will add a “retroactive” date to the policy. This establishes a starting line for the period of coverage for incidents that could give rise to a claim. In many instances, the retro date will be the inception date of D&O coverage and will remain the same even as the policy renews each year. With this, it is very important to ensure that the retroactive date is not amended if D&O coverage is moved to a different carrier. Lastly, while retroactive dates are common when writing a claims-made policy, there are some insurance companies that will provide “full prior acts” coverage, which do not restrict past events by way of a retroactive date.

The second two coverage provisions apply to the defense of a covered D&O claim. The first is the Duty to Defend Provision, which at a high-level is simply stating who is responsible for defending a claim. This is usually the first item addressed in the Defense Section of the Policy Conditions. When a policy is categorized as “Duty to Defend,” it is the insurance company that has the right and duty to defend a claim. The other option is a Duty to Indemnify or Reimbursement Policy, where it is the responsible of the policyholder to defend a claim. The main impact of this provision pertains to which party chooses defense counsel. If a policyholder would prefer that the insurance company take charge when a claim is made, then they are well-suited with a Duty to Defend policy. However, if they would like to take ownership of defense, or have preferred legal counsel that they would like to use, subject to carrier approval, then they would be better suited with a Duty to Indemnify or Reimbursement Policy. With that said, both Duty to Defend and Duty to Indemnify policies require the policyholder to cooperate with the insurance company in the defense of claims.

The final coverage provision is the Hammer Clause. This provision is similar to coinsurance on a property policy, where it shifts more risk onto the policyholder in certain claim scenarios. It states that the insurance company must obtain consent from the policyholder to settle a claim. However, if the policyholder does not provide consent to settle, then they will be responsible for a set portion of defense costs and paid judgment beyond the original settlement offer. For example, ABC Advisors has a D&O claim, and their insurance company is recommending they settle for $100,000. ABC does not wish to settle, but also has an 80/20 Hammer Clause on their policy. If the claim eventually settles for $175,000 plus an additional $25,000 of defense expenses, then ABC Advisors would be responsible for $20,000 of the additional claim costs.

As you can see, there is much more to a directors & officers liability policy than what is listed on the declaration page. If you have any questions, or wish to discuss the coverage in greater detail, please contact a member of our Commercial Property & Casualty Team.

Contact Us:

Bill Mooney

Director, Commercial Insurance

bmooney@capstonegrp.com

Office: 215-542-8030

Admitted vs. Non-Admitted Insurance Carriers

In the wake of the collapse of Silicon Valley Bank, the Federal Deposit Insurance Corporation (FDIC) has been brought to the spotlight. The FDIC provides certain levels of insurance for depositors in case their bank fails, becomes insolvent, or goes out of business.

Over the last few days, our Capstone Team has fielded questions regarding similar scenarios in which insurance companies fail or become insolvent, and protections or backstops that might be available to insureds in those situations. Those questions lead to an important distinction between: Admitted vs. Non-Admitted insurance carriers.

Admitted Insurance Carriers

Admitted insurance carriers are insurance companies that are licensed by the state government to sell insurance within the state. They are required to comply with state regulations and file their rates with the state's insurance department. Admitted carriers must also participate in state insurance guaranty funds, which provide coverage and steps in the pay claims in the event the insurance company becomes insolvent; similar to the FDIC insurance we’ve been hearing about recently.

Advantages of Admitted Insurance Carriers:

  1. Regulated by the state: Admitted carriers must comply with state regulations, ensuring that they follow fair and consistent underwriting practices.

  2. Participation in insurance guaranty funds: Admitted carriers participate in state insurance guaranty funds, which provide protection to policyholders in the event the carrier becomes insolvent.

  3. Higher level of consumer protection: Admitted carriers must comply with state regulations, providing an additional layer of protection to policyholders.

Disadvantages of Admitted Insurance Carriers:

  1. Limited flexibility: Admitted carriers must comply with state regulations, which can limit their ability to tailor policies to meet specific needs.

  2. Limited availability: Admitted carriers are only licensed to operate within specific states, which can limit policy options for businesses with multi-state operations.

Non-Admitted Insurance Carriers

Non-admitted insurance carriers are insurance companies that are not licensed by the state government to sell insurance within the state. They do not have to comply with state regulations and do not participate in state insurance guaranty funds.

Advantages of Non-Admitted Insurance Carriers:

  1. Greater flexibility: Non-admitted carriers are not subject to state regulations, allowing them to offer more flexible policies to meet specific needs.

  2. Broader coverage options: Non-admitted carriers are not limited to state-specific regulations, allowing them to offer coverage in multiple states.

Disadvantages of Non-Admitted Insurance Carriers:

  1. Lower level of consumer protection: Non-admitted carriers are not subject to state regulations, providing less protection to policyholders.

  2. Higher risk: Non-admitted carriers are not required to participate in state insurance guaranty funds, increasing the risk of financial loss in the event the carrier becomes insolvent.

  3. More expensive: Non-admitted carriers may charge higher premiums due to their increased risk exposure and lack of state oversight.

Which Option is Right for You?

Most businesses carry several different types of commercial insurance policies. Some policies may be through an admitted carrier, others may be placed through non-admitted carriers it’s not a “all or none” situation. Deciding between an admitted or non-admitted insurance carrier will depend on a variety of factors, including the types of coverage needed, the specific needs of the business & industry in which you operate, and the organizations’ level of risk tolerance. For businesses that require coverage in multiple states or have unique or higher-hazard operations, a non-admitted carrier may offer greater flexibility. However, for businesses that prioritize consumer protection and the assurances of the state guarantee fund, an admitted carrier may be the better option.

In conclusion, admitted and non-admitted insurance carriers offer distinct advantages and disadvantages. The correct direction differs on a case-by-case, and even a policy-by-policy basis. It's essential to work closely with your trusted insurance & risk management advisor to carefully evaluate the specific needs of the business and level of risk tolerance, and understand the options available to you, before selecting an insurance carrier for all lines of coverage.

CONTACT US:

Thomas Fox, clcs

Risk Management Advisor

tfox@capstonegrp.com

Office: 215-542-8030

2023 Property & Casualty Market Outlook

Introduction

Since 2019, the commercial insurance industry has been grappling with a hardening marketplace, one characterized by increased premiums, stringent underwriting criteria, restricted terms of coverage and less competition amongst insurance carriers. This was caused by a combination of increased claim frequency and severity, increasing jury awards in liability cases, lasting complications created by the COVID-19 pandemic, evolving cyber security threats and natural catastrophes causing large-scale property damage.

Trends to Watch

As we enter 2023, developing trends such as labor shortages, supply chain disruptions, and inflation issues will continue to have a direct impact on insurance buyers. However, for the first time in three years we are seeing such volatile industry conditions begin to stabilize for organizations with above-average risk profiles or exposures. When looking ahead, there are some notable trends that are impacting insurance buyers across many industries.

Labor Shortages – Labor shortages continue to present challenges for employers, impacting businesses of all industries and sizes. A recent survey conducted by Provident Bank identified that 75% of businesses have been affected by current worker shortages. To help combat various workforce movements, many employers have adjusted their hiring and retention strategies.

Supply Chain Disruptions – While most businesses have resumed normal operations and increased production levels since the dark days of the pandemic, consumer demand in many industries continues to outweigh inventory and shipping capabilities. Rising fuel costs, the ongoing shortage of labor, and extreme weather events have only added to the supply chain bottlenecks mostly impacting employers in the manufacturing, construction, and retail sectors.

Inflation Issues – Labor shortages and supply chain disruptions have largely contributed to rising inflation concerns in the commercial insurance industry. According to recent BLS data, the 2022 consumer price index (CPI) for urban consumers increased by 9.1% year over year in June 2022, a 40-year high. The elevated CPI has driven up claim costs across several lines of insurance, inflating the total loss experience of the property & casualty industry.

Notable Coverage Lines

Certain coverage lines such as Property, Umbrella, Employment Practices Liability (EPLI), and Cyber liability will continue to drive hard market conditions while others such as Workers Compensation will provide opportunities to leverage market competition.

Property – The economic trends described above are directly impacting construction costs and property replacement values. Significant natural events including Hurricane Ian, flooding in Kentucky and Tennessee and wildfires in the Northwest have also contributed to rate increases. It’s imperative to individuals and corporations review their property coverage limits and make adjustments according to replacement costs in today’s dollars. The Council of Insurance Agents & Brokers (CIAB) Q3 2022 Property & Casualty Market Report indicated a 11.2% average increase in commercial property rates.

Auto – The auto insurance market has experienced substantial challenges in recent years stemming from surging accident frequency and severity, numerous road safety challenges, widespread driver shortages, and the increase of nuclear jury verdicts. These trends have led to poor underwriting results for insurance companies, resulting in 45 consecutive quarters of auto premium increases passed onto insureds, according to CIAB. The CIAB Q3 Property & Casualty Market Report indicated a 7.6% average increase in commercial auto rates.

Umbrella – The umbrella and excess liability markets continue to be adversely impacted by large claim trends. Social inflation, third-party litigation funding and tort reform have accelerated the frequency of large settlements and jury verdicts. The CIAB Q3 Property & Casualty Market Report indicated a 11.3% average increase in commercial Umbrella rates.

Employment Related Practices Liability (EPLI) – Labor shortages in some industries, coupled with recent mass layoffs in others, has already resulted in an uptick of Employment-related claims. In response, underwriting is beginning to tighten for both first-time buyers as well as on renewal policies. When providing information that may be perceived as unfavorable to underwriting (i.e. recent downsizing), it’s important to provide additional details of why decisions were made and the steps your company has taken to avoid potential litigation from current and former employees. Consider including a narrative attached to general application submissions.

Cyber  – Cyber insurance has been a source of pain for many employers in recent years. Ransomware attacks and data breaches have led insurers to drastically increase premiums, limit coverage, and demand greater network security requirements from employers. According to recent CIAB industry data, many insureds experienced 50%-100% rate increases in 2022. All organizations, regardless of size or industry, should continue to prioritize their cyber hygiene and network security.

Workers Compensation – Workers Compensation rates are expected to remain stable in 2023, as underwriting results have been favorable in recent years. Carrier competition for this coverage line is strong, which will continue to drive down rates and offset increases in other challenging lines. The CIAB Q3 Property & Casualty Market Report indicated a -0.7% average decrease in Workers Compensation rates.

Tips moving forward

While the insurance market outlook has been grim in recent years, we expect the turmoil to marginally stabilize in 2023. For employers, it’s important to focus on what you can control. That is, implementing solid risk management strategies to minimize claim history and improve your risk profile. It is equally important to align yourself with an experienced insurance broker who will proactively differentiate your business to the underwriting community and evaluate alternative risk financing options where appropriate.

Contact Us:

Gregory L. Chaples, CIC

Vice President - Property & Casualty

gchaples@capstonegrp.com

Office: 215-542-8030

LinkedIn

Capstone Announces Promotion of Bill Mooney, Director of Commercial Insurance

Capstone Group is pleased to announce the promotion of William Mooney to the position of Director within the firm’s Commercial Property & Casualty division, effective October 1, 2022. 

Bill joined Capstone in 2016 as an Account Executive and has since been promoted to Senior Account Executive. Over the years, Bill has been involved in the onboarding and ongoing management of key accounts within the firm’s Commercial Property & Casualty division. As the team has expanded, Bill has served as a mentor for new hires and continues to be a technical resource for all team members.

“Bill joined Capstone nearly 6 years ago, when our firm was still very much in our infancy,” remarked Kevin Fox, Managing Partner of Capstone. “Since then, Bill has not only helped advance our Commercial Property & Casualty division but has helped shape our firm’s overall approach to account management and what we consider to be the optimal client experience. As we plan for our next phase of growth, Bill’s experience, technical expertise, and his passion for teaching, make him a perfect fit for this new position to help lead our Commercial P&C division moving forward.”

In his new capacity as Director, Bill will be responsible for overseeing the account management and customer service team within the firm’s Commercial Property & Casualty division. Bill will be working closely with Vice President of Commercial Insurance, Greg Chaples, to ensure the team is equipped to properly manage evolving client needs and execute on divisional growth goals and long-term initiatives.

About Capstone Group:

Founded in 2013, Capstone Group is an independent risk management, employee benefits, and insurance brokerage firm. As an emerging firm in a mature industry, Capstone's mission is to provide results-driven solutions that transcend what our clients have come to expect from traditional insurance and benefits brokers. To accomplish this goal, Capstone’s efforts begin and end with attracting and retaining the very best industry experts and client service representatives as a part of the team. To learn more about Capstone or submit an inquiry, visit: www.capstonegrp.com 

 

Captive Insurance: Regain Control of Your Insurance Program

Captive Insurance: Regain Control of Your Insurance Program

A Captive insurance program can be an attractive opportunity for businesses to gain more stability and control over their insurance costs. The Captive model allows like-minded businesses to band together to share and spread risks by essentially becoming shareholders in their own insurance company.

We’re in a Hard Market … What Now?

Introduction

The commercial insurance marketplace is cyclical. A “hard market” is characterized by rising rates and premiums and a tightening of capacity, or an insurers unwillingness to provide coverage and limits they were previously comfortable providing. For the first time in nearly 20 years, the insurance marketplace began to harden in 2019 and has only been exasperated by recent current events, i.e. supply chain issues, political & social unrest, inflation, and general economic uncertainty.

A hard insurance market impacts all consumers of traditional commercial insurance products: small and large businesses, for profit and non-profit, private, and publicly traded organizations. Some industries and lines of coverage are impacted more than others. This article is intended to educate business owners and executives on how to properly prepare and identify a few strategies to consider to best navigate these challenges.

Hardest-Hit Coverages

Coming into 2022, most analysts were predicting between 12% - 15% price increases across all lines of commercial insurance. The lines driving those increases include:

  • Commercial Property: Fueled by continued increases in damages caused by weather & climate-related disasters. Especially for higher-value property schedules and higher-hazard operations.

  • Umbrella/Excess Liability: Historically pricing has been lower-cost, more stable. Recent trends such as nuclear verdicts and litigation funding are resulting in exceptionally high jury awards that drastically increase claim costs.

  • Management Liability (D&O and Employment Practices Liability): Driven by many socioeconomic factors, including: increased M&A activity, Pandemic-related layoffs, and “social inflation

  • Cyber Liability: Cyber insurance is experiencing a hardening market on rocket fuel. We are seeing unprecedent sharp increases in claims activity, rate increases, and coverage changes in a relatively short period of time. It’s more important now than ever to work with forward-thinking insurance advisors who understand the evolving coverage forms and have access to a broad range of cyber providers to adequately navigate these challenges. To read more on this topic, check out our article published by the Delaware Valley Family Business Center.

Navigating Choppy Waters

While the outlook may seem grim in the short-term, there is hope for those organizations willing to prioritize their risk profile and align themselves with an advisor who will strategically approach the marketplace and prepare alternative options on their behalf. The current market conditions make alternative funding options, such as large deductible or Captive arrangements, viable and attractive solutions for many organizations looking to regain control of their insurance costs.

  • Prioritize Your “Risk Profile” –  As insurance carriers look to recover losses from rapidly increasing claim activity and historically underpriced polices, underwriters are under immense pressure to carefully evaluate each renewal. The carrier’s pricing and coverage offerings will be heavily influenced by your “Risk Profile”. That is, the frequency and severity of claims along with the presence of proactive risk management and loss control programs. If you have experienced claims in the past, consider what could be done to prevent such incidents from reoccurring in the future. It’s also a great time to revamp (or implement) a strategic safety & loss control program that addresses exposures unique to your organization. Best-in-class organizations, when presented as such to the insurance carrier community, receive the best pricing and coverage.

  • Start Early, Have a Plan – Many organizations scramble to find alternatives after receiving unfavorable, last-minute renewal quotes from incumbent carriers. Often, these unpleasant surprises come with little warning or justification. For this reason, it’s important to start the process early, particularly when involving multiple carriers in the quoting process. Equally important is the quality of information being submitted to the insurance company when quoting. The “submission” should be detailed, accurate and complete, ultimately telling a favorable story about your organization to the underwriting community. This process creates competition amongst insurance carriers, giving you confidence that you’re receiving the best pricing and coverage terms available in the marketplace.

  • Identify “Softer” Lines - Fortunately for consumers, not all lines of coverage are hardening at once. Our team continues to deliver more manageable increases, and even rate decreases, in select coverage lines that should be negotiated aggressively during annual renewals in order to help offset any unavoidable increases in the lines mentioned above.

  • Consider Alternative Risk Financing

    As stated in the beginning of this article, a hard insurance market impacts all consumers of traditional, “guaranteed-cost” commercial insurance. So, what about non-traditional or alternative options?

    Alternatives such as self-insurance and Captive Insurance Arrangements (“Captives”) can certainly provide a hedge against fluctuating market cycles. On a basic level, a captive is an insurance company that is wholly owned and controlled by its insureds. Thus, giving control and potential underwriting profits back to the organizations themselves as opposed to the insurance company.

    In response to rising rates and dwindling capacity, our team has certainly seen an uptick in interest in captives, but it’s important to note that these arrangements are not a fit for all organizations. For starters, there are minimum premium thresholds for most captive programs (starting at $100,000 in combined workers compensation, general & auto liability premiums). Additionally, due to funding arrangements and the risk-sharing nature of group captives, these programs are only advantageous for financially stable, well-run organizations with a dedicated focus on safety and a favorable claims history.

Conclusion

While we hope we are starting to turn a corner in the hardening market cycle, we are still diligently guiding our clients through challenging 2022 renewals that will likely extend into next year. Please consider us a resource and feel free to reach out to discuss your organizations’ unique situation.

Contact Us:

Kevin M. Fox, CIC

Managing Partner

kmfox@capstonegrp.com

Office: 215-542-8030

Capstone Group Announces Hiring of Gregory Chaples, Vice President of Property & Casualty

PR Newswire - Spring House, PA., January 27th  – Capstone Group, a leading provider of risk management, insurance brokerage, and employee benefits advisory services, is pleased to announce the hiring of Gregory L. Chaples as Vice President. In his new role, Chaples will be responsible for overseeing the continued growth and evolution of Capstone’s Property & Casualty divisions.

“Greg’s experience, leadership, and reputation within our industry will have an immediate positive impact on our firm. But what ultimately led to this decision is our shared values and vision of the future for our Property & Casualty divisions,” said Kevin Fox, Management Partner of Capstone. “As a Certified Insurance Counselor, Greg has developed a technical skillset for managing complex insurance programs. That knowledge, coupled with his ‘people-focused’ mentality, make Greg a tremendous addition to our team.”

Chaples has spent the last 10 years of his career at reputable insurance institutions, where he has gained experience in the areas of: coverage analysis, risk control, customer service, business development, management, and team building.

“I look forward to working alongside Capstone’s dedicated and talented team that has already accomplished so much in a short period of time,” said Chaples. “We are very excited to build upon this foundation by continuing to align ourselves with the region’s top employers and industry professionals.”

About Capstone Group:

Founded in 2013, Capstone Group is an independent risk management, employee benefits, and insurance brokerage firm. As an emerging firm in a mature industry, Capstone's mission is to provide results-driven solutions that transcend what our clients have come to expect from traditional insurance and benefits brokers. To accomplish this goal, Capstone’s efforts begin and end with attracting and retaining the very best industry experts and client service representatives as a part of the team. To learn more about Capstone or submit an inquiry, visit: www.capstonegrp.com 

Source: PR Newswire January 27, 2022

Cyber Threat: What is "Social Engineering"?

Insight Provided by NortonLifeLock

Most cybercriminals are master manipulators, but that doesn’t mean they’re all manipulators of technology — some cybercriminals favor the art of human manipulation.

In other words, they favor social engineering, meaning exploiting human errors and behaviors to conduct a cyberattack. For a simple social engineering example, this could occur in the event a cybercriminal impersonates an IT professional and requests your login information to patch up a security flaw on your device. If you provide the information, you’ve just handed a malicious individual the keys to your account and they didn’t even have to go to the trouble of hacking your email or computer to do it.

As with most cyber threats, social engineering can come in many forms and they’re ever-evolving. Here, we’re overviewing what social engineering looks like today, attack types to know, and red flags to watch for so you don’t become a victim.

Read More

Thomas Fox named as Risk Management Advisor

We are pleased to announce the promotion of Thomas Fox to the position of Risk Management Advisor within Capstone’s Commercial Property & Casualty division, effective March 1st, 2021.  

Since joining Capstone in 2019, Tom has been an integral part of Capstone’s client services team, serving as both an Assistant Account Manager and an Account Executive. In those roles, Tom was responsible for overseeing the day-to-day insurance and complex risk management needs of corporations and non-profit organizations of all sizes.

Through his training and experience, Tom has developed a skillset that makes him an asset to Capstone’s current and prospective clients, including but not limited to: safety & risk assessments, contract reviews, claims management, cost & coverage analysis, and carrier negotiations.

In his new capacity as a Risk Management Advisor, Tom will be responsible for business development and identifying organization that would benefit for the products and services offered by Capstone’s Commercial Property & Casualty division. In addition to making connections within his personal network, Tom will also represent Capstone within the many organizations and associations the firm currently supports, including the Philadelphia Chamber of Commerce, the MidAtlantic Employers Association, and Life Sciences PA.

Tom is a graduate of St. Joseph’s University in Philadelphia and currently resides in the city’s Fairmount neighborhood. He is passionate about expanding his knowledge and following trends of the evolving insurance industry and was recently awarded the Commercial Lines Coverage Specialist (CLCS) designation.


Contact Information:

Thomas Fox

tfox@capstoneinsgroup.com

Phone: 215-542-8030

LinkedIn Profile

Capstone Group Welcomes Ed Stefanski, Jr.

For Immediate Release:

PHILADELPHIA (PRWEB) MAY 29, 2019

Capstone Group, a leading provider of risk management, employee benefits, and insurance brokerage services, has announced the hiring of Ed Stefanski, Jr. as a Senior Benefits Consultant.

For the past 15+ years, Ed has held various positions within some of the most respected Employee Benefits and Banking institutions in the country. Ed’s diverse experience in these areas, coupled with his consultative approach to creating and implementing cost-effective employee benefit programs, makes him an invaluable asset to Capstone’s current and prospective corporate clients.

“Our management team has known Ed for a long time, both personally and professionally,” said Kevin Fox, Managing Partner of Capstone Group. “His prior experience in various aspects of our business was certainly appealing, but it’s more our shared client-centric approach and desire to continue improving the insurance and benefits distribution model for employers and employees alike that really makes Ed a tremendous addition to the Capstone team.”

Ed joins Capstone Group to partner with employers on navigating rising healthcare costs and changing regulations. He brings expertise in financial analysis, health and welfare benefits consulting, and negotiation and risk reduction. He also specializes in the integration of new benefit programs and technology platforms to ensure seamless delivery for administrators and employees.

https://www.prweb.com/releases/capstone_group_welcomes_ed_stefanski_jr/prweb16335511.htm

Insuring Ride Sharing

Ridesharing has completely changed the transportation industry. In just a few short years, companies like Uber and Lyft have developed ridesharing into a multi billion dollar industry. With such popularity of these businesses, insurers are facing the unprecedented challenge of providing appropriate coverage to both drivers and passengers.

If you are a driver, your regular auto policy most likely will not cover you for ridesharing activities, which could leave you, and your passengers, unprotected or underinsured in the event of an accident. In fact, most personal auto policies specifically exclude using the vehicle commercially as a ride service. 

Developing appropriate coverage is tricky, because there is no way to determine when the car is being used personally vs. as a rideshare vs. in storage. Generally, coverage can be determined based on the average commute of the owner/primary operator and where they live or operate the vehicle; but when transporting passengers a vehicle can be driving any matter of distance, crossing city or even state lines.

Mark Maucere, senior vice president for AmWins Transportation Underwriters, Inc., says, “Our rate [for transportation classes] is based on a point A to point B mechanism, and the problem with these operations is we don’t know when the car is out or in the garage, we don’t know the experience of the driver, car maintenance or in what other ways it is used.”

Companies are searching for a solution, but since the business is so new, there is very little information to use in the underwriting, rate development process. Maucere says: “There is an opportunity here, and we would be interested in potentially looking at these classes of business if we could properly underwrite and put the rate around it...But it’s very difficult until you can grab that data and verify some of the things we can’t verify now.”

Most ride sharing companies provide some form of coverage for drivers. Excess and surplus lines insurer James River currently provides coverage for Uber. The policy has three main parts: 

1. the "Core"--contingent on the driver having his/her own private passenger auto policy; has a $1 million limit that drops down and covers the driver from when he/she is picking up a passenger all the way until the passenger is delivered to the destination. 

2. a lower limit applies when the driver is waiting for a new rider.

3. separate coverage for physical damage to the driver's vehicle occurring while performing ridesharing duties.

For now, insurance is expected to follow this model and remain a surplus lines risk, as it gives flexibility until more accurate data can be collected to establish other provider options.

To read more, check out the original article HERE.

Flooding causes destruction in North and South Carolina

Residents across the Carolinas have experienced catastrophic flooding due to excessive rainfall over the past few days. 16 inches of rain fell in Columbia, South Carolina, on Sunday alone, and multiple other places around the area experienced well over 20 inches of precipitation within the span of a few days. These heavy rains have severely damaged and destroyed dams, homes, businesses, roads, and have also taken lives. The National Guard was deployed to help in parts of South Carolina after the President declared a federal state of emergency on October 3rd. 

To make matters even worse, only about 10 percent of South Carolina homeowners have flood insurance, so many losses from this disastrous flooding will be uninsured. Flood and wind damage are often excluded from Homeowners policies, which many do not realize. 

The Insurance Information Institute says that as of July 31, 2015, there were 199,540 National Flood Insurance Program (NFIP) policies written in South Carolina totaling $133.4 million and covering $50.8 billion in property and contents. NFIP policies provide up to $250,000 in coverage for a residential structure and $100,000 for personal contents. Businesses have slightly higher limits with $500,000 for the structure and $500,000 for contents.

For pictures and more information click here.

Threats to the future of Workers' Compensation

While today's workers' compensation market is generally favorable, there are many demographic and medical factors that are threatening to upset these favorable conditions in the future. 

Medical challenges: 

  • The potential impact of the federal Affordable Care Act: This mandate may well increase workers’ compensation costs by increasing demand for medical services from a fixed number of providers. Simple economics dictates that if more Americans can buy medical services, the cost of those services will rise.

Beyond higher prices, greater demand will also lead to longer treatment and recovery times as claimants wait to get appointments, potentially impacting indemnity costs. This domino effect will certainly impact workers' compensation.

  • The growing use and cost of physical therapy: Fee schedules for physical therapy have increased over the past two years in nine states that have the greatest use of this service in workers’ compensation claims. California increased its fee schedule for all physical therapy billing codes by 5% to 6% in March of this year, while New Jersey increased its schedule by 3.6% last fall.
  • The variability of workers’ compensation costs and treatments among states: The cost for treating the same type of work-related injury differs significantly from state to state, but it shouldn't.
  • Pharmacy trends: There are disturbing pharmacy trends at the provider level. For example, some treating physicians appear to be trying to avoid fee schedules by dispensing prescriptions, compounding medications, or prescribing and filling common medications at uncommon strengths. Americans spent $392 billion on prescriptions in 2014, up 6% from the year before. Per-capita pharmacy spending in America is twice as high as the averages of other developed nations around the world. 

Demographic challenges: 

  • The birth of the “sharing” or “Labor on Demand” economy, driven by technology’s ability to enable people to develop a unique work-life balance: The on-demand economy is best exemplified by online taxi services such as Uber and Lyft. This new economy could impact the workers' comp market by significantly decreasing the number of employees in formal relationships with companies, and changing the definition of a workplace injury. 
  • The aging workforce: Today, roughly 20% of the workforce is aged 65 or older, double the rate in the 1990s. This group typically has fewer, but more expensive, workplace accidents and injuries. Their experience tends to make them safer, while their age often requires longer treatment when they do become injured. In fact, the number of days away from work for employees age 55 and older is nearly double that for other employees, according to the federal Bureau of Labor Statistics.
  • Obesity rates: Today, all 50 states have adult obesity rates of 20% or more. In fact, 35% of Americans are currently obese, and that figure could reach 50% by 2030. Workers' compensation costs are 5.9 times higher for obese employees. While the rate of obesity growth in American adults is beginning to slow, it still remains too high and will stay that way for the foreseeable future. 

Read more here.

 

The Risks of Buying Cheap Insurance

The saying you get what you pay for applies to many parts of life, including insurance. Wanting a great deal is understandable, but it is important that your insurer will be able to provide meaningful help when it is needed. Here are some reasons why cheap insurance might be worthless:

It might not be real. Numbers, especially recent numbers, are hard to come by, but an updated 2015 report from the National Association of Insurance Commissioners found that between 2000 and 2002, the U.S. Government Accountability Office identified 144 fake insurers nationwide that sold fake health insurance to more than 200,000 policyholders, resulting in more than $252 million in unpaid claims.

The NAIC's report also said there are still many fake companies that sell auto, homeowners, rental, life, disability, prescription drug and long-term care policies. And it's evidently a global problem. This year, in England, the Association of British Insurers warned consumers that unauthorized insurance adviser – also known as ghost brokers – were selling bogus car insurance policies.

You're likely underinsured. Sean Scott, a restoration and general contractor in San Diego and author of "The Red Guide to Recovery – Resource Handbook for Disaster Survivors," says many people have been burned by cheap homeowners insurance policies. That doesn't mean your insurance isn't the real thing; even if you have the most ethical insurer in the world, if your premiums are really cheap, your policy may feel fake because there are so many restrictions that barely anything is covered.

Scott offers the example of wildfires that swept through Southern California in 2003 and 2007. He worked with many of the homeowners, but he couldn't help several because of their lackluster insurance policies.

Your claims may be paid at a snail's pace. Granted, this can happen when you're paying big bucks for insurance. But if your payments are going to El Cheapo Insurance, it seems logical that the company specializing in getting the lowest possible premiums from its customers might be a little stingy when it comes time to return some of that money.

And if you do have a cheap insurance policy, here is what to do:

Research your insurer. This would save many a headache caused by bogus insurers. Go to your favorite search engine and start checking out your insurance company.

"Look for companies that have a strong rating with A.M. Best, Moody’s and S&P," O'Dell says, referring to some well-known businesses that have information, such as credit ratings, on financial services. A.M. Best, in particular, is geared toward the insurance industry.

Read the policy. Sounds logical, but plenty of smart people don't. "More than once, clients have shown me a policy they bought through the mail thinking it was a great deal on some life insurance, only to read the coverage and find it was only an accidental death and dismemberment policy. If you die of natural causes, it pays nothing," says David Hardin, president of Hardin Financial Group, a retirement planning firm based in Troy, Michigan.

In addition, be on the lookout for any language in your policy that you don't understand. True, every insurance policy, even the best, has complex language and legalese, but you want to look for a policy that, for the most part, offers fairly clear and straightforward language. And keep an eye out for weasel words – ambiguous phrasing that could mean anything.

Insurance, after all, is all about managing risk and trying to have a happy ending if something terrible happens. If you end up paying for a risky insurance policy, you're already losing.




Up in flames: Failing businesses think fraud is the answer

Arson remains one of the hardest major crimes to solve overall despite advances in forensic science.

Most business owners operate in highly competitive marketplaces. Odds of failure are high, thus compounding the pressure to cheat with insurance arsons. Generally, about nine of 10 startups fail and only about half of startup companies stay open past four years. At least 75% of venture-backed startups fizzle.

Most bankrupt entrepreneurs get back up and try again. Yet a small minority can’t stand the heat so they create their own: They seek the easy path back to solvency by incinerating their businesses for insurance payouts. An investigation of major-city fires by the Scripps Howard News Service reveals that up to 75% of arson cases overall go unreported. Lurking in that finding may be many unreported “scorchings” of businesses for insurance. Much of the $1.5 billion insurers paid out for arsons overall — including the business arsons for profit — thus remains uncontested.

Click here to read about arson cases for insurance money gone wrong.

5 major changes in P&C insurance since Hurricane Katrina

The single largest insured loss event in world history caused more than $41 billion in insured property damage.

In the early morning hours of August 29, 2005, Hurricane Katrina struck the Gulf Coast of the United States, resulting in more than $41 billion in insured property damage, with total economic damage topping $100 billion. The fallout from Katrina has led to significant changes within the insurance and risk management industry. 

According to the Marsh report, "10 Years After Hurricane Katrina: Lessons in Preparedness, Response, and Resiliency," changes over the past 10 years in the property and casualty insurance industry were all influenced by Hurricane Katrina, as well as Hurricane Ike and Superstorm Sandy. The report reviews how property insurance, claims, analytics, risk engineering, and crisis management have changed since Katrina—and explains what has been learned from Katrina and other disasters about protecting people, property, and profits.

Click here to read about the 5 major changes in the P&C insurance industry that are a direct result of Katrina's immense destruction and shocking aftermath.


ACE to acquire CHUBB

In a second major P&C insurance-industry M&A deal this week, ACE Limited and The Chubb Corporation announced today that the boards of directors of both companies have unanimously approved an agreement under which ACE will acquire Chubb. 

As a result of the acquisition, the new company will move up into the “elite” group of global P&C insurers, with a combined total shareholders’ equity of nearly $46 billion and cash, investments and other assets of $150 billion. The transaction is expected to close during the first quarter of 2016.

The combined company, which will assume the Chubb name, is expected to remain a growth company with complementary products, distribution and customer segments.

“We are thrilled to announce the acquisition of Chubb, a venerable company with a great brand,” Evan G. Greenberg, chairman and CEO of ACE Limited, said in a statement. “We are combining two great underwriting companies that are highly complementary. We will make each other better and create a unique company in a class of its own that has greater growth and earning power than the sum of the two companies separately.”

John D. Finnegan, chairman, president and CEO of Chubb, said, “The combination brings together two highly respected and successful companies with complementary capabilities, assets and geographic footprints. We are pleased that the combined company will adopt the Chubb brand and view this as an affirmation that both companies share a commitment to the attributes of quality and service the brand represents.”

ACE’s U.S. commercial lines business provides a broad range of product and services for industrial, commercial, multinational and upper middle market companies, and relies heavily on brokers for distribution. Chubb is best known in the U.S. primarily as a middle-market commercial, specialty and surety insurer with a broad product portfolio and a major agency network. Chubb may be best known in the U.S. for its personal lines coverage to high-net-worth customers—a market that ACE also has been targeting.

Click here to read the full article!