C131 Flash cards
Chapters 1-12
What is the purpose of a cross-liability clause?
It allows the policy to respond as if each named insured had a separate policy.
Resources to Assist Analysis
Survey Forms: designed to elicit specific details of exposures
Goal is to describe, classify and assess risk
Can be used as checklist to ensure that the broker gathers all relevant information
Prompts broker to initiate discussions about improving exposures
Analysis by Exception: determining which risk will likely affect the client the most
Familiarize yourself with the industry
Ask tailored questions to determine how client’s business is different from others in the same industry
Information Resources
Researching the company and industry online or at a library
Reading industry specific periodicals
Speaking with insurance company personnel who may be familiar with the exposures
Talking to insurance claims personnel to understand losses this industry has experienced
Research the Individual: how the company you are dealing with differs with others in the industry
Companies Differ Regarding:
o Specific risks faced including risks assumed in contracts
o Insurance requirements – both optional and mandatory for the jurisdictions
o Risk Appetite: what the client is prepared to retain – help with decision
Example: deductibles & self-insured retentions
Client’s Records: can reveal how the organization is run, specific losses it may be exposed to
Loss History: can provide information about the types of loss that a client is prone to
Frequency of small losses could indicate need to amend loss control procedures to avoid in future
Can indicate the need for a higher deductible
Potential for severe loss, loss control techniques and insurance is appropriate
Inspection: can reveal information pertinent to underwriting a risk
Example: client states premises protected by sprinkler but building is old and sprinklers painted over
Risk Management
: permit insurance/risk professionals to apply systematic approach to eliminate loss exposures/minimize detrimental effects of loss exposures at least possible costs
o As a Science: identifies, measures and controls risk
o As an Art: relies heavily on experience and common sense
o Used as prospecting tool, ensures that brokerage and insurers taking only risks they are prepared to manage/service
o The Risk Management Process:
Risk Analysis: identifying and analyzing risk exposures
Objective is to find a cost-effective manner to manage risk
Loss Prevention Advice: formulating options for dealing with each
exposure
Selecting the Best Technique/Combination of Techniques for Dealing with the Exposure
Implementing the Chosen Technique or Combination of Techniques
Monitoring the Results and Modifying Techniques Used as Necessary
Risk Manager:
can be principal of the client’s business, working alone, working together with accountants/plant
managers/vice president/HR manager/lawyer
Large Organizations: responsible for developing/co-ordinating risk management functions, acting as
advisors to the business
Small Organizations: duties shared among line managers
Outside Experts:
Outside Experts: may need to refer to if limits and boundaries of risk management are outside of your scope
Municipal Fire Departments: inspect a location, point out fire hazards and recommend corrective action
Police: crime prevention services
Accountants: estimate amounts subject to loss and determine resources available to handle the loss costs
Lawyers: review leases/contracts and give legal advice
Consultants: help identify exposures, critique practices, advice on compliance with legal requirements
o Example: safety consultants, trucking workplace health
Property Appraisers: set insured values
Levels of Risk
Frequency of Loss: some risks are more likely to occur
Severity of Loss: some have greater financial consequences than other
Example: house by the side of a river and the river is known for potential to overflow – this is a high risk
situation
o If one home is a summer house valued at $35,000, placed on the bank
o Second is a luxury home valued at $500,000, placed up the hill
o First home is a greater risk for loss but second home has a larger severity of claim
Example: 1993 flooding of the Red River & Mississippi River
o Some residents decided to abandon their properties and move to higher ground
How do you Identify & Analyze Risk Exposures?
What is at risk?
What may give rise to a loss?
How much could a loss cost?
Likelihood
Frequency
Severity
Avoiding Risk:
Avoiding Risk: eliminate potential losses if possible
Example: if client permits members of public to tour plant, could be liable for injuries suffered on premises
o Can avoid risk by discontinuing tours
Eliminating one risk can cause another to be created
o Example: sending goods by common carrier instead of the insured’s own truck, can increase risk
of loss to the goods in transit
Reducing Risk:
Reducing Risk: can be accomplished by a variety of loss control techniques – reducing frequency and severity
Physical Safety Measures:
o Examples: Installing safety devices on machines
Removing ice driveways/walkways reduces vehicle and pedestrian accidents
Lighting in parking areas reduces risk to individuals by deterring thieves
Removal of flammable waste
Administrative Safety Measures:
o Duplicating valuable information and storing off premises
o Monitoring driving records (MVRs) of drivers
o Regular audits of cash/inventory
o Requiring credentials, references and proof of insurance from independent contractors
Retaining or Transferring Risk
Transferring Risk: two types
o Non-Insurance Transfers/Contractual Transfers: transfers risk to others in contractual agreements
Retaining Risk: two reasons for retention
o Minor Exposures: predictable and within the client’s tolerance
Example: a company owns 50 laptops valued at $3,000 each – average of ten stolen or otherwise each year resulting in claim of $30,000
Renewal premium to insure is $45,000
Client would be advised to retain the risk
PIPEDA – 10 Principles
PIPEDA – 10 Principles • Accountability • Identifying purposes • Consent • Limiting collection • Limiting use, disclosure, and retention • Accuracy • Safeguards • Openness • Individual access • Challenging compliance
What is FOIPP?
The Freedom of Information and Protection of Privacy Act
applies to all public bodies rather than private organizations in
the province of Alberta
What is CASL?
Canada’s new Anti-Spam Legislation (CASL) is a broad
piece of legislation that was designed to prevent/reduce
‘spam’. It does so by prohibiting the sending of
‘commercial electronic messages’ unless they meet
specific form, content and consent requirements.
Risk Managers
Identifying loss exposures Preventing loss Reducing loss Financing loss Educating others Act as a resource
Sourcing Clients
Clients may be obtained ___actively____ & ______passively_
» How a client sources out a broker (passive)
» How a broker sources out a client (active)
Standard
• insured pays deductible before insurer
will pay remainder of loss
Franchise
• if loss exceed the deductible, insurer
will pay total loss
Disappearing
• as loss increases, deductible decreases
Risk Management Process
- Identify & Analyze Risk Exposures
- Formulate Options
- Select Best Technique(s)
- Implement Technique(s)
- Monitor Results; Modify as necessary
How do you Select Best Technique(s)?
Reduce/ Eliminate
Assume / Retention
Transfer(insurance or contracts)
How do you Monitor Results; and Modify as necessary?
How is the program working?
Any losses?
Any Changes?
How do you Formulate Options?
Loss Control: Techniques that reduce (size)
1) Avoidance
2) Loss Prevention
3) Loss Reduction
4) Separation/Diversification
5) Non-insurance risk transfer
Loss Financing: Techniques to pay for losses that do occur
Retention: Self insurance through source of funds(current funds, unfunded reserves, funded reserves, borrowing, Captive Insurance Company)
Transfer: Business Contract Insurance Contract
How do you Implement Technique(s)?
Requires a technical decision – what should be done
Requires a managerial decision – who should do it, and when it should be
done
A risk management plan needs to be created and should include:
• An overall implementation plan (how this will get done)
• Communications plan (telling people why - clients, business partners &
employees)
What types of client records could help you
identify and / or analyze their risks?
Financial statements Accounting records Contracts Sales brochures Websites
What are the consequences of loss?
» Time shortage » Cost of replacing customers » Delay in taking products to market » Loss of employees » Interruption of business growth
Initial Assessment – Before the 1st Meeting
Size Location Structure Industry Customers Processes Services Offered Objectives / Goals Attitudes / Beliefs / Culture
two factors to determine best method to use to contact and market to clients
1) What does the client want?
2)How much client contact does the intermediary need to be
effective?
Describe the initial interactions with clients when gathering data for
their insurance and risk management programs
First Steps: Will depend on the size and complexity of the account
Gaining Trust: Establishing credibility & building rapport
Selling Risk Analysis
Obtaining Documents
Evaluation of Client’s Needs: What can the information tell
you?
Review Exclusions: examine wordings of existing policies to determine if any exclusions resulting in uninsured exposures
Locations and Values: do the values appear reasonable
Loss History: identify patterns of loss frequency or severity
Example: loss history of a retail bakery
o Claim involving broken tooth due to hard object in a sandwich
o Product list does not include pre-made sandwiches, client advises occasionally caters office parties
Financial Statements: analysis of client’s sales/exposures to calculate business interruption values,
Contracts: determine client’s exposures
What are examples of activities that you would do during subsequent
meetings?
-Additional questions » Additional requests for information » Site inspection » Survey completion » Loss prevention, risk control & risk retention conversations
How does a broker turn a lead into an opportunity to provide insurance quotation?
Step 1
• Research client & industry prior to the meeting. Prepare.
Step 2
• 1st meeting (engage , agree, & gather information)
Step 3
• Analyze & evaluate information (what remains, next steps)
Step 4
• 2nd meeting (more depth including inspection/visit)
Step 5
• Final analysis to ensure everything needed for insurer quotation
Outline the process of client contact and assessment of client needs and
service requirements
- Do an initial assessment because each client is unique.
- There is no set formula for how to interact, so consider the following:
o What does the client want?
o How much client contact does the intermediary need in order to be effective? - Gather information
- Investigate risk exposures
- Consult colleagues, insurers, the Internet, and the client’s website regarding account, industry trends, and profiles of the prospect’s industry
Describe the purpose of additional meetings with the client and the
information that can be collected during these interactions.
A second or even third meeting with a prospective client is a marketing exercise as much as a factfinding venture.
• Engage the client and ask appropriately targeted questions.
o Identify and clarify loss exposures
• If inspections are required, have the client conduct the tour at a time convenient to all insurers who want to visit the premises in order to limit inconvenience to the client.
• Engage in further discussions (e.g., cyber risk).
Soft
Market
• Excess financial capacity.
• Marketing efforts are intensified.
• Premium rates fall, policy conditions relax, and loss
prevention reduces.
Hard
Market
• Companies avoid being the first to raise premium rates.
• Follows from rates of return drops.
• Insurers approach risks cautiously, underwriting
standards exact, rates increase.
• Insurers withdraw from markets and run-off risks.
•Warranty
is a promise by an insured to maintain certain conditions of the risk during the term of the policy. It is a secondary or collateral promise of the contract, but it is deemed to be material to the risk;
Promissory warranty
promises not only that a fact is presently true but that it will
continue to be true during the policy period;
–Affirmative warranty
states that a fact is true when the insurance policy is purchased
How to Select insurers (3)
» Risk appetite
» Specialty markets
» Financial strength
What affects the choice of policy forms?
Exposures and size
» Coverage client wants plus enhancements recommended
» Variations between individual insurers
» Warranties
» EIL – environmental impairment liability insurance
What things should you Compare and contrast with each insurers? (5)
» Definitions » Exclusions » Extensions » Limitations » Conditions
Important fine print of the policy wordings:
Look for inconsistent terms: rider, floater, wording = same thing!
Term “all risks” inconsistently used.
Changing Markets = Change to policy wordings
(They change for a variety of reasons.)
Customization of wording using manuscript wording
What’s the difference between a Producer and a Marketer?
o Producer (Account Executive): responsible for prospecting for and meeting with clients, presents proposal to client
o Marketer: prepares request for quotations and submits the request to underwriters
Analyzes quotations received and prepares proposal
Outline the factors that affect how a risk is marketed
Organizing the Data:
Teamwork
Marketing
o Marketing Strategy
o By the End of the Second Meeting:
By the End of the Second Meeting:
Completed identification and analysis of client’s loss exposures
Gained understanding of business operations
Determined his/her wishes with respect to insurers
Begin preparing submission (completed after 3rd meeting)
Marketing approaches
o Market Intelligence: knowing what general market offers
Market Trends: knowledge allows you to make more detailed market comparisons and develop stronger strategies
Market Research: understanding various insurers’ appetite for business, being aware of premium levels/rates for different risks, keeping up to date on changes in wordings such as new exclusions
Universal Changes in Wordings: terrorism, mould, pollution exclusions due to events affected industry
Individual Changes in Wordings: insurer decides to change general liability wording from an occurrence basis form to claims made form for certain classes
Market Conditions: Hard/ Soft
Manuscript Wordings:
wording that does not conform to the standard wordings in general use, often unique to policy involved
o Can be developed by either the broker or the insurer (typically is the broker)
Quotation Request:
a set of documents submitted to an underwriter describing the risk to be insured and the coverages required
o Intended to provide the underwriter with sufficient detail to assess, underwrite and price the risk
o Cover Letter: brief summary of the risk and specify the date by which you want to receive the quote
o Effective Submissions: describe the risk/coverages required in format that enables underwriter to know if they can write
Proposal Contents
Name and address of the insured
List of locations, vehicles and equipment
Name and address of proposed insurers
Details of coverages being quoted along with details of any key exclusions, warranties, special extensions
Statement of terms and conditions of proposal
Recommendations for any additional coverages not currently carried
Subscription Policy
a single policy in which the coverage is shared among two or more companies – company with the largest share is the lead company & will issue policy documents
Same submission is sent to each insurer
Only lead will quote on the non-property coverages
Others will indicate rates/deductibles/wordings they require and percentage of risk they will write
Excess & Umbrella Policy
What are they? When does a client need it?
- World Wide Coverage
- Excess Coverage over underlying personal insurance policies
- Personal Injury Coverage
- Defense, Settlement & Supplementary Payments
- Compensatory damages the insured is legally obligated to pay
- Omissions coverage for insured who is an officer/director of nonprofit organization
Underwriting Tips
» House hold members details
» Convictions/Accidents/Claims details for past 5 years
» All property owned
» Current primary insurance information
» Requested limit
» Business or income producing activities
» Denied, cancelled or non-renewed last 5 years
» Under age drivers
» Own, lease, charter aircraft
» Sit on non-profit board of directors
Possible insurer responses:
1) Request for more information
2) Decline the risk
3) Quote the terms (desired outcome!)
4) Quote part of the terms
When more than one insurer?
» Organize, document & illustrate the quotes so that you can formulate a
recommendation to your client
» Select the one that represents the best dollar value for the most
comprehensive coverage provided by the most stable insurer taking into
account client preferences
How to Prepare the Proposal?
» Customized based on size of client/account:
- Small: Informal meeting or phone call/F2F or e-mail.
- Medium: More elaborate presentation Phone or F2F.
- Large: Presented in person and in written form
All information the client needs to decide whether the intermediary can supply the wanted coverage & whether they will purchase this set of options and recommendations
What are the Proposal Contents?
Name and address of the insured
List of locations, vehicles and equipment
Name and address of proposed insurers
Details of coverages being quoted along with details of any key exclusions, warranties, special extensions
Statement of terms and conditions of proposal
Recommendations for any additional coverages not currently carried
The Fourth Meeting: Presenting the Proposal
o Discussion Content: Explain specific items of the written
proposal – the ones you know that matter the most. Introduce experts if applicable.
o Explaining Terms: Exclusions Warranties: actions that must be taken for coverage to exist Your Recommendations
-Legal: coverages accepted, recommended and declined. Coverage has yet to be bound until after the client selects the insurance program
o Document Advice
o Premiums
Closing the Sale
- Ask for the Sale
- Handle client hesitation
- Take out the word price in your vocabulary. » Replace it with value
Tactics to Combat Delay
“If I can do that for you today, will you go ahead with the
insurance?”
» Act as if the client has made the decision already.- Where can I send the pink card, to your personal email?
-Alternative Close: by offering more than one clearly defined alternative to the customer.» Would you like to go with $1 million in liability or $2
million.
-Alternative Close:
» The alternative close works by offering more than one clearly defined alternative to the customer.
» Examples:
» Would you like to go with $1 million in liability or $2
million.
» Would you like to go with Intact and 11 equal payments
of $—- or a down payment with Aviva and spread over
12 payment at $—-
Obtain signature from client – why?
» Part of closing of sale
» Ensures it meets their expectations
» Confirms purchase of all coverages
» Agreement of the selected insurer
» Avoid E&O claim
» Any changes requires initials by client & broker
» Collect premiums (down pymt or total) once final instructions received
Ordering the Policy
Document any Changes o Confirm Binding o Binding Prerequisites o Issue a Binder -Confirm accuracy of documents before sending to client and forward them promptly
Contra Proferentem means
against the offeror
a contract of adhesion
a contract of adhesion
When one party drafts the policy wording and controls it
Warranties
conditions an insured must fufiull
How long are binders usually issued for?
30-60 days
What are valid insurer responses? (4)
- Requesting more info
- Declining quote
- Quoting on all or parts of the risk
- not responding
What financial issues surround a broker’s commissions as they relate to broker letters of record?
If the letter is sent during the policy term, you may not receive income for the remainder of the policy while you are liable for the outstanding premiums. If the letter is sent near the policy expiration, the previous broker may receive the renewal commission even though you are doing the work.
To avoid this, investigate the financial status of an account before you take it on, and if necessary, consider making arrangements for a fee for services.
What factors must be considered when preparing a premises survey? (6)
- Property- suitability
- Business interruption- bottlenecks
- Crime -employee theft
- Liability, automobile- cover and rating basis
- Risk retention- claim reporting requirements
- Unexpected exposures
What is the “shotgun” approach in marketing and why should it be avoided?
Sending a completed proposal for ANY given risk to ALL of the insurers you represent.
This negatively affects your relationship with underwriters as the risk may not be something that they are willing to take on, or if they want the risk, their chance of writing any given risk is greatly diminished.
Sales Objections Steps (4)
- Acknowledge the concern
- Clarify understanding & provide information
- Restate or revise the recommendation
- Check for acceptance
What are the 4 kind of contracts that need to be REVIEWED?
- Premises Lease
- Equipment Lease
- Request for Proposals
- Mergers & Acquisitions
a statement of values
a statement of values
the insured will have to provide. If insurance is provided on a stated amount co-insurance basis,
A boilerplate lease form
A boilerplate lease form
contains standard written content that is not changed from one contract to another
The term boilerplate refers to standardized text, copy, documents, methods, or procedures that may be used over again without making major changes to the original.
. If the business’s greatest need to remain viable is to stay open or to open again quickly following a
loss, what type of coverage does the client require?
: Extra expense insurance which pays the expenses over and above normal costs to facilitate early reopening
A shotgun approach involves sending
: A completed proposal for any given risk to all insurers represented
A bailee is someone who
receives the property of another for an agreed temporary period for some purpose other than a sale.
Two exclusions unique to a contractors’ equipment floater CEF are
muskeg and overloading
.: used to insure larger equipment such as equipment used for road building, excavation, building construction, municipal road maintenance and snow removal equipme
Which high-hazard operation is excluded in a normal commercial general liability policy?
: Underpinning
What is covered under insuring agreement V of the 3-D policy?
Losses that occur if the recipient of a cheque alters it to increase the amount
Bid Bond
guarantees that the contractor will accept the work if awarded it?
CGL exclusions(5)
- Professional Liability. aka errors & omissions
- injury to employees
- cars, watercraft & aircraft
- Care & custody
- pollution
a CBE&S commercial building equipment and stock form (CBE&S) excludes
Boiler and Machinery.
- automobiles, watercraft
- furs or jewellery
- property vacant for more than 30 days
There are 3 forms of income replacement insurance under business interruption:
—Profits
» Gross earnings
» Rental income
Motor Truck Cargo
» What are the Two forms written all risks or named perils
-– provides insurance for most property in the course of transit. Two forms –
- Truckman’s form
- Owner’s form
What kind of BI insurance does a manufacturer need?
Profits insurance – because cover continues until business returns to pre-loss levels or indemnity period
reached.
» Transit exposures forms (3)
» transportation floater
» motor truck cargo form
» trip transit floater
What does Cyber Risk Package usually cover? (4)
virus
theft data breach,
Network down
copy right/ trademark
General Contractors – two types
“Project Managers”
“Jack of all Trades”
Guarantees that the contractor will complete the job as set out in the contract, on time, within the bid budget amount, and free of liens upon completion.
Performance Bond
Guarantees that all
suppliers of labour and
materials furnished for use
on the project will be paid.
Labour & Materials
Payment Bond
Contractors can be held legally liable for injuries or damage that arise (2)
during their work and after its completion
If contractors rent premises, they are responsible for the physical damage under the
Tenants legal liability policy
What are the various types of “hazardous
operations”? with contractors?
- Excavation
- Tunneling
- Demolition
- Underpinning work
Stop gap coverage
. Stop gap coverage protects business owners from lawsuits filed over workplace injuries.
Identify all exposures that arise out of builders risk construction projects.
• Exposures include the following: o Children playing in area o Damage to underground cables/pipes o Tools dropped on passersby o Materials blown off the roof
Property and liability policies typically EXCLUDE losses occurring during
alteration or
addition unless permission has been granted
Factors affecting the quality of
work:
Builder’s experience
Builder’s expertise
Builder’s reputation
Contractors need to purchase various types of coverage:
o Bonds
o Liability
o Equipment coverage
What are the five usual exclusions in warehouseman’s legal liability insurance?
- Money, securities, and other financial documents, such as evidence of debt or title
- Employee theft and dishonesty
- Standard nuclear incident and war exclusions
- Loss of use of property
- Custody of care
List five items usually covered by environmental liability/pollution coverage
- Sudden and accidental pollution events
- Gradual pollution events
- Off-site cleanup costs
- Prior act
- Shareholders, officers, employees, directors, or other members of elected boards
- Damages involving noise or other sensory phenomena
What are five factors to consider when recommending cyber insurance?
- What security is already in place?
- What security needs to be in place?
- Where are their cloud accounts located?
- Which risks can be avoided, retained, or controlled?
- Which risks need to be insured (or transferred)?
- What kinds of personal information are being stored?
CGL insurance provides coverage for the insured’s legal liability arising from what and subject to
what? (5 marks)
a. CGL coverage arising from and subject to
• Premises
• Operations
• Products
• Completed operations exposures
• Subject to policy conditions, limitations, and exclusions
A CGL insurance wording insures clients’ legal liabilities under what four sub-sections
Coverage A: Bodily Injury and Property Damage Liability
Coverage B: Personal and Advertising Injury Liability
Coverage C: Medical Payments
Coverage D: Tenants Legal Liability
What exclusions are common to CGL policies?
- Injury to employees
- Automobiles, watercraft, and aircraft
- Care, custody, or control
- Pollution
. What five steps should an intermediary go through regarding initial contact for a policy renewal? (5
marks)
- Review the client’s current exposures and coverages with them
• Discuss changes that have taken place during the policy term
• Prompt the client for any changes not previously brought to the intermediary’s attention
• Determine what progress has been made on any loss control measures or recommendations
• Start collecting renewal information
If the property is written on a blanket basis, the intermediary should prepare a new statement of
values. What updates should be included?
- Updates to a new statement of values (any five of the following)
• Any new locations, including storage-only locations
• Changes in building values due to renovations and additions
• Changes in the value of any improvements and betterments
• Changes in inventory values due to increased stock or the addition of higher valued items
• Upgrades or changes in equipment
• Changes in values due to inflation
Advantages of wrap-up liability
- All parties and claims are insured on one policy
- Coverage is uniform
- Policy limits are dedicated to the particular project insured
- Costs can be controlled
- Loss history is insulated