Chapter 2: Risks written in the London Market Flashcards
Agricultural crop and forestry/hail insurance
Anything farmed commercially
Main peril is the loss of the crop due to weather/disease
Bloodstock insurance
Covers racehorses and show jumpers
Livestock
Covers all animals (including fish) that can be reared commercially
Contingency insurance: concert/event cancellation
Covers the cost of refunding tickets and rearranging the event to try recoup some cost
Claiming on a racehorse
- usually when they have to be euthanised
- pay out is the insured value of said racehorse
- claims can be made on depreciation in value of the horse if it fails to breed
Claiming on a racehorse
- usually when they have to be euthanised
- pay out is the insured value of said racehorse
- claims can be made on depreciation in value of the horse if it fails to breed
Things to consider on Contingency risks from UW perspective
- are the enough rest breaks between dates (score for re-arranged dates)
- venue for a one off event
- the health of performer and their family
- whatever the cancellation/refund policy is on tickets being sold
Typical contingency claims
- cricket cancelled due to rain
- concert cancelled due to artist health
Overredemption
- volume of vouchers being redeemed outweighs the cost so extra profits are reduced
- risk can be insured based on the normal level of sales
Prize indemnity
- winning a prize at a charity event (hole in one contest) that is of high value may be covered by insurance
- UW calculates the odds of the incident occurring
Personal accident insurance
Covers against accidental injury (subject to exclusions and disclosure)
Benefits policy - pay predetermined amount in the event something.
Different levels of payout depending on severity of injury
Paid weekly/monthly for an agreed period. If no improvement after that period, can be paid permanent total disablement
Permanent total disablement
Lump sum payment after the agreed period of PA insurance if condition has not improved
PA and illness/sickness
PA policies may offer coverage for illness as well as accidents
Cover sudden onset illnesses such as heart failure rather than chronic longstanding conditions
Kidnap and ransom (K&R)
Payment of the ransom itself if the insured is kidnapped
May also include medical/psychological treatment after the event
Another main area of coverage is payment for team of hostage negotiators
Considerations for writing K&R
Who is insured and what makes them targetable
What is the nature of their personal security (will often send in security experts to assess)
Confidentiality after risk is written the identity of the insured is kept confidential
Construction insurance (CAR)
Larger projects it makes more sense for head contractor to take out CAR insurance rather than each sector take out their own
To avoid paying claim, insurer will have to process the loss being claimed fell within one of a number of exclusions
Policy terminates at the end of construction
Claims on CAR policies
- policy period needs to take into account if insurer is still on risk if work has been handed over
- claims must work out if still applicable
-occasionally there is a maintenance period (no longer than 12 months) to see over handover/completion
What is covered under a CAR policy
- loss or damage to the building
- machine movement
- business interruption
- public/employers liability
- damage to plant (machinery) which is used for construction/installation
Extensions to CAR policy (if required)
Cost of restructuring plant
Breakdown/explosion of machinery
Reconstructing plans
Redrawing of plans lost in flood or explosion
Expediting expenses extension (CAR)
Covers extra cost to cover paying overtime or air freight charges required to ensure repairs/rebuildings are done as quickly as possible
Exclusions for expediting expenses
- defective design/materials or workmanship
- existing property
- breakdown/explosion
- anything contractor is not liable for under contract
- wear/tear/deterioration
Considerations when writing CAR
- experience of contractor
- all contracts entered in by contractor, employer and sub contractors
- contract value - sum insured (often have scope for value increased during the period)
- when and where it’s taking place
CAR Claims
Injury claims because of people falling
Sinking due to rainfall
Parts of structure do not fit together properly
Collapse of equipment (I.e crane) will be damaged itself but also may cause damage to environment
Erection all risks
Can be absorbed into a CAR policy
- covers loss/damage to owned equipment as well as liability cover should said equipment cause damage
Erection all risks
Can be absorbed into a CAR policy
- covers loss/damage to owned equipment as well as liability cover should said equipment cause damage
Property (buildings) insurance
Can vary from refineries/chemical plants to shops and offices
Property (machinery) insurance
Varies depending on the type of building
Includes plant/fixtures/fittings/office equipment, computers and money
Property (stock) insurance
- Can include raw materials, materials in production process nad finished stock stored on-site
Typical heads of cover in an all risks policy
- Fire (including underground fire)
- Lightning
- Explosion
- Earthquake
- Aircraft
- Riot/strikes (Public Order Act 1986)
- Malicious Acts
- Storm, flood or escape of water
- Impact damage (third party vehicle/animal)
- Sprinkler leakage
- Subsidence
3 categories of property exclusions
- Risks/losses/damage to property that they will never cover
- Risks that may be covered after considering the risk presented (inventory shortage/freezing)
- Risks that insurer usually provides as ‘buy-backs’ (i.e. risks the insured can pay additional premium to buy cover for the excluded)
Reinstatement
- Used in property insurance as a way of indemnifying the insured in the even of a loss
- Insurer agrees to make good the lost/damaged property.
- Have restore building to pre-loss condition
- May not be possible to apply reductions for wear and tear
- must make sure sum insured is adequate to pay for the reinstatement activities
Reinstatement memorandum
- Cases where underinsurance or average applies
triggers the application of the average clause if the sum insured represents a % of the full reinstatement value
Day One Average Memorandum
- used to try to counteract the impact of inflation given that reinstatement may take several years
Onshore energy risk
- Property risk where subject matter insured is specific to energy industry
Considerations when writing onshore energy
- Location
- Activity
- Risks being created by the nature of the activity
Claims will be similar as other property (Fire/explosion)
Glass insurance
- Covers fixed glass and will provide cover for boarding up, replacing alarms, lettering and frames
- useful if you dont need full property
Stock insurance
- Covers raw materials
- form of physical damage insurance and set up in a way that there is an agreed sum insured (should be max exposure the insured faces)
- Pay deposit of premium at start of the policy and make regular declarations with balancing payments
- claims include theft or damage
Theft insurance
- Insurers require “Forcible entry or exit of the premises”
Perils excluded from theft policies
- Fire
- Money
- War
- Collusion
- Entry gained by using tricks or keys
Pecuniary insurances
- Monetary/financial loss rather than physical injury
Money insurance
Covers all risks of loss to money which is under the responsibility of the insured.
Not just cash, includes cheques, stamps, vouchers, lottery and travel tickets
Negotiability
- Concept of ease of transfer
- cash can be passed person to person, vouchers can be handed off
*freely negotiable
Cheques are not usually freely negotiable.
Non-negotiable documents claims
Issue is whether stolen documents can be reconstructed
- insurer will pay the cost of reprinting
Fidelity guarantee insurance
Covers loss of property as a direct result of fraud
most policies cover even if an employee has left (for up to 24 months AFTER)
Insurer will look at internal processes
3 bases of FG insurance
- Blanket cover for all employees
- Named employees only
- Named roles only
Examples of internal risk management an insurer will require and Insured to do for an FG policy
- Obtaining and checking references of employees
- Correct procedure for cheques and other money movement
- Regular checking of cash kept on premises
- daily banking of any cash/cheques coming in
- bank account reconciliation
- procedure for stocktaking
- full audit at least once a year
Business interruptions insurance
- assists with replacing outcome missed out on due to physical loss
- set out waiting period and maximum payout time
- claims require some physical loss/damage to have occured to insured property
BI insurance sum insured calculation
- Work out an amount for each day/week/month which represents the maximum indemnity payment during the interruption
deductible/excess = waiting period (in days)
Waiting period
if waiting period set at 14 days and you return to work after 7 days you cant make a claim
Contingent business interruption
- Where supplier has suffered there own loss and cant supply insured
- Insured power supply is cut off due to local powerstation
- covers indirect losses due to loss or damage at 3rd party premises.
- Also have waiting periods and finite days/months of coverage
Supply chain insurance
- insurance designed to cover the situation where the insured’s business is interrupted because another party lets them down.
Homeowners insurance
- property risk
- same type of risk as commercial property, including damage to buildings caused by various perils
D&O liability insurance
- protects senior personnel from claims made by shareholders because of their decisions causing financial loss
- either US and non-us
- Either financial institutions or non-financial institutions
- covers damage and legal cost but not necessarily punitive damages
D&O exclusions
- Fraud
- Insured persons making a financial gain
- Anything that was already being investigated by authorities
- Anything notified to prior insurer
- Pollution/radiation/war
- Anything done by an insured person prior to the firm becoming a subsidiary of the insured firm
- Bodily injury/emotional distress
D&O extensions
- automatically adding in any companies acquired after inception as long as insurer is notified prior
- Employment claims
- Extension of the policy if not renewed
- Representation costs for insured persons being asked to appear before investigators
D&O Claims
- Arise when shareholder alleges wrongdoing by director or officer that has reduced the value of their investment
- Can also arise from possible breaches of legislation
- Includes cost of defending a director/officer for breach but will not pay if found guilty
D&O policy example
Policy expires 20/10/2020 but has extended reporting period until 19/10/2021
Claims that come in before 19/10/2021 can be advised to original insurer as the wrongdoing happened before 20/10/2020
If the wrongdoing was after 20/10/2020 or claim was made by investor after 19/10/2021 then policy cant be triggered
Errors and Omissions (E&O)/PI and professional negligence
- interchangeable and covers all types of claims made against professionals
- Compulsory under Solicitors Act 1974 for any authorised SRA members
- protects innocent victims
- Claims made policy
PI claims
- claim as a result of business activity against the insured
- covers damages and legal costs
Types of reasons for PI claims
- Negligence or breach of duty of care
- Negligent misstatement / misrepresentation
- IP infringement
- breach of confidence / misuse of any information
- Defamation
- Dishonesty of employees
- Other civil liability
PI exclusions
Excludes losses caused directly/indirectly by
- Investment
- Operation of pensions/employee benefits
- Sale/purchase of stocks/shares
- Breach of tax/competition legislation
- Pollution/war/nuclear risks
- Cyber risks
- Any liability assumed under contract which is greater than non-contractual liability would be
- Anything that can be insured elsewhere
- Deliberate/reckless/dishonest acts
- fines and penalties