may the odds be ever in your favor! - casbo the o… · as a senior she felt she should be sitting...
TRANSCRIPT
![Page 1: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/1.jpg)
But If They Aren’t, Know What Your
Insurance Covers
May The Odds Be Ever in Your Favor!
Greg AlbertiGuy Carpenter & Company
David FloresShasta Union High School District
Eric LucasSchools Excess Liability Fund 2017 CASBO Annual Conference
![Page 2: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/2.jpg)
But If They Aren’t, Know What Your
Insurance Covers
May The Odds Be Ever in Your Favor!
Greg AlbertiGuy Carpenter & Company
David FloresShasta Union High School District
Eric LucasSchools Excess Liability Fund 2017 CASBO Annual Conference
![Page 3: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/3.jpg)
Movie Trivia!
2
![Page 4: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/4.jpg)
What was Katniss’ weapon of choice?
3
![Page 5: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/5.jpg)
Who was Luke’s father?
4
![Page 6: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/6.jpg)
What was Spock’s favorite greeting?
5
![Page 7: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/7.jpg)
What city were the Dirty Harry movies set in?
6
![Page 8: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/8.jpg)
Primer on Liability CoverageSome Nuts and Bolts for Your Toolbox…
Takeaways:I. Eric Lucas Observations
II. Greg Alberti Parties to the Transaction(s) Define Broker/Agent Role in this RelationshipReinsurance Terminology Designing a ProgramHypothetical Cover Tower
III. David Flores Real Life @ Shasta Union HSD Front Lines IssuesWithout a Risk Management Department ViewRelationship with NCSIG
IV. Eric Lucas Case StudiesSummary/Wrap/Questions
7
![Page 9: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/9.jpg)
So whatever is your mantra…
8
![Page 10: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/10.jpg)
The Nuts and Bolts Will Be Discussed…
• Your program needs to look like this…
• Shiny, new, organized, and polished at everyrenewal.
• Not one size fits all but has a variety and adaptability that is a fit for whatever situation may present itself.
9
![Page 11: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/11.jpg)
10
And not like this:Rusty, possibly broken, barely holding tight, torqued to the max, and unable to handle any stress as it hasn’t been tested, reviewed or maintained in years.Which can lead to…
![Page 12: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/12.jpg)
11
this…“Leaking” for many coverage years. Unknown to anyone until there is a “problem”.All happening under your watch.And that problem leads to…
![Page 13: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/13.jpg)
12
this…A very unhappy boss.And you become Milton…Dazed and Confused.And you give this response…”and I’ll get back to you.”
![Page 14: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/14.jpg)
13
With the most likely result being this…And lucky if you even get this…
![Page 15: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/15.jpg)
So who else is in this relationship?
Your actuary, your broker/insurance rep, and an underwriter for the reinsurer or excess insurer.So what is the role of each on this team? Best defined by the following:An actuary, a broker/insurance rep, and an underwriter are riding in a car. The broker/insurance rep has their foot on the gas;The underwriter has their foot on the brake;All the while the actuary is looking out the back window telling them where to go.
14
![Page 16: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/16.jpg)
The Parties to the Transaction
15
![Page 17: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/17.jpg)
The Parties to the Reinsurance Transaction
16
Insurance or Reinsurance
Company
Pools (FICOH, TWIA)
Correspondent Brokers
London Companies
Lloyd’s
Syndicates
Members
Insurance/JPA
Intermediaries(such as Guy Carpenter)
Managers
![Page 18: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/18.jpg)
ReinsuranceA Definition
17
![Page 19: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/19.jpg)
Basic Terminology and Concepts:AM Best Rating“A” ratings and above are assigned to companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations.Economy of Scale Basic 101: The greater the quantity of a good produced, the lower the per‐unit fixed cost because these costs are shared over a larger number of goods. PoolingCedeTo pass on to the reinsurer all or part of the financial interests of insurance policies written by an insurer (the ceding insurer) with the object of reducing the cedent'spossible liability.Occurrence BasisFor coverage to be provided, the act giving rise to a claim needs to occur within the policy period. The claim does not need to be reported during the policy period.
18
![Page 20: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/20.jpg)
Basic Terminology and Concepts:
• Retention – The amount an insurer keeps net for its own account or the dollar amount excess of which reinsurers assume the reinsured’s loss from property and liability exposures.
• Limit of Liability – The maximum amount for which the reinsurer is liable under a reinsurance contract:
• Layering – Splitting a “tower” of reinsurance into sections each section having a retention and limit of liability
19
$5MJPA / Member Retained
$20M x $10M
$25M x $30M
$30M -
$55M -
$5M -
$5MInsurance/JPA Retained
$10M -
![Page 21: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/21.jpg)
Designing the Reinsurance Program
20
![Page 22: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/22.jpg)
Designing a Reinsurance Program Structure
Analysis and Decision Making: Setting a Retention & Layering
21
Cost of Reinsurance/ Market Conditions
→ All other contract terms being equal a lower retention will cost more
than higher retention
→ Hard Market versus Soft Market
“Working” Layer: “Significant” Claim Frequency
“Capacity” Layer: “Infrequent” Claim Severity
Layering: Is “sideways” coverage unlimited or limited, free or at a cost?
Layering a Reinsurance Program
![Page 23: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/23.jpg)
Designing a Reinsurance Program Structure
Analysis and Decision Making: Layering a Reinsurance Program
22
What are the key factors that influence layering a XOL(Excess of Loss) program?
Underwriting Experience / Exposures
Reinsurer Relationships and Appetite: Pricing and Capacity
Maximize Coverage / Minimize Cost
![Page 24: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/24.jpg)
CTE Case$5M
JPA / Member Retained
$20M x $10M
$25M x $30M
$30M -
$55M -
$5M -
California JPA Excess Liability Pooling Loss Coverage Example
$5MInsurance/JPA
Retained
$10M -
![Page 25: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/25.jpg)
$5MJPA / Member Retained
$20M x $10M
$25M x $30M
$30M -
$55M -
$5M -
California JPA Excess Liability Pooling Loss Coverage Example
$5MInsurance/JPA
Retained
$10M -
Molestation Case(s)
![Page 26: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/26.jpg)
$5MJPA / Member Retained
$20M x $10M
$25M x $30M
$30M -
$55M -
$5M -
California JPA Excess Liability Pooling Loss Coverage Example
$5MInsurance/JPA
Retained
$10M -
Major Bus Accident
![Page 27: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/27.jpg)
Do you have enough coverage????
26
![Page 28: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/28.jpg)
Shasta Union HSD Why we are interested
• Recent Experience– review/revision of insurance requirements for people doing business with the district
– new requirements and procedures established to help monitor
• Result ‐ significant increase in awareness around risk management at the district level
• With increased awareness, lots of questions about risk around different site activities previously “under the radar”
• Nuts and bolts questions about Certificates of Insurance, Additional Insured coverage limit waivers
27
![Page 29: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/29.jpg)
Questions such as …
• What about school activities previously overlooked? Sports Program Fundraisers – baseball, football, and basketball campsAssociated Student events – offsite activities such as fundraisers
• Does district coverage allow? What are the risks with the activities? Ramifications if there’s a problem?
• Facilities Rentals ‐ what events are ok? Camps(fingerprinting, background checks);
• Vendors can’t provide required coverage? Can we waive? Who’s decision is that?
28
![Page 30: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/30.jpg)
We needed answers but:
• No official risk management department• Insurance landscape mostly unfamiliar • So we capitalized on our relationship with our pool manager (like a consultant)
• A phone call away for coverage questions for specific activities/events
• Available to meet with school admin/faculty• Provides information about current issues and legislation (drones, hoverboards, etc.)
• Also participating on Excess Liability JPA Board
29
![Page 31: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/31.jpg)
Do you have enough coverage????
30
![Page 32: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/32.jpg)
Now Let’s Talk Some Real Life…
Case ITitle: Awareness of bus stop issues.Facts: HS student walking to designated bus stop. He is jaywalking; has his hoodie up; has earbuds in. He is hit by a 3rd party & dies from his injuries.Issues:Who is at fault?Is there an issue with the district’s stop location?Per Code, did Supt. review/designate location?Was traffic control required?Status/Result: Significant financial exposure with litigation brought by Mother via wrongful death claim.
31
![Page 33: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/33.jpg)
Your Coverage Implicated Here Is…?General Liability (GL)Your SIR/Deductible is in play and more.
Damages:Economic‐
Medical BillsFuneral Expenses
Non Economic‐Loss of companionship, society, and comfort.
And, you incur attorney fees in defending. Result:Verdict of $20.5m.0% negligence assigned to student.0% liability assigned to the driver. The district assigned 100% responsibility for this tragic event.
32
![Page 34: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/34.jpg)
This Can Happen Anywhere…Case II
Title: This has never happened before. Facts: Annual 4th of July parade in Town with the HS cheerleaders participating on a float as has been the case for many years. But, over the years, the record keeping & procedure following for this field trip has become quite lax and then non‐existent for this particular 4th of July. Non‐owner, driver of an uninsured off‐road type pickupthat has had the engine modified with a turbo boost with a bunch of non‐listening high school girls sitting on hay bales and/or wheel humps in the bed of the truck.So what possibly could go wrong here?
33
![Page 35: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/35.jpg)
Plenty Can And Did…One cheerleader was told to sit on the hay bale in the middle of the bed.As a senior she felt she should be sitting on the open tailgate.She gets up & at the same time, the non‐owner, inexperienced driver guns the truck through a drainage pan at a stop and she falls to the street.Add all of this up and what do you get?“A significant threat of litigation/financial exposure to the school district.” Your defenses?
34
![Page 36: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/36.jpg)
Your Coverage Implicated Here Is…?General Liability (GL)
Your SIR/Deductible is in play and beyond…Damages (severe TBI as a result of the fall)
Economic (Life Care Plan)Past and future medicalRehabFuture Wage Loss
NoneconomicPain & SufferingDisfigurementLoss of Enjoyment of Life
Attorney Fees‐DefenseWhat did this equal to in this case?
$17,500,000+
35
![Page 37: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/37.jpg)
Now One Involving Student Medical Issues…
CASE IIITitle: Communication is key.Facts:Middle school student diagnosed with a heart issue. Hypertrophic Cardiomyopathy (HCM)Note to school says can participate in certain activities.Participates in PE Tiger Run at his own pace.Suffers a major heart issue.Brain w/o oxygen for 7‐9 minutes resulting in traumatic brain injury.
36
![Page 38: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/38.jpg)
How Did/Could This Happen?
Poor communication by Mom to SchoolDownplayed the significanceShould have “bubbled” the kid
Poor follow‐up by School to:Student’s parentsSchool NurseStudent’s physicianStudent’s PE teacherShould have had a meeting
37
![Page 39: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/39.jpg)
Your Coverage Implicated Here is…?
General Liability (GL)Your SIR/Deductible is in play and beyond…Damages (severe TBI)
Economic (LCP again)Past and Future Medical billsRehabWage Loss
Non EconomicPain and SufferingLoss of Enjoyment of Life
Wrongful death claim of parents?Your attorney fees
What is the result?$13.5m 38
![Page 40: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/40.jpg)
Last Case…A HypotheticalCASE IVTransportation ExposureCollege van w/ 6 students & driver error results in a crash. Waivers are essentially void due to driver action which increased the risk of being a passenger.
Various injuries:Two students escape injuryOne student w/arm fractureOne student w/neck fracture (partial paralysis)One student w/head injury (TBI)One student w/spinal injury (full paralysis)
39
![Page 41: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/41.jpg)
Your Coverage Implicated Here Is…?Auto Liability (AL)Again, your SIR/Deductible is in play and likely into your coverage tower for the student exposures.
DamagesEconomic
Medical Bills past & futureLoss of Future Wage Earning CapacityLife Care Plans
NoneconomicPain & SufferingPermanency
So the question posed to you is…
40
![Page 42: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/42.jpg)
Do we have enough coverage here?
Is it $25m?Is it $35m?Is it $50m?Is it $75m?
41
![Page 43: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/43.jpg)
Summarize & End Already!
1. Your broker relationship is important.2. They are your “portal” to the market.3. Review your Program: minimum at renewal.4. Identify new risks & how to handle.5. Learn from others.6. Design your program to meet your needs.7. What does the future hold for educational
entities in CA?
42
![Page 44: May The Odds Be Ever in Your Favor! - CASBO the O… · As a senior she felt she should be sitting on the open tailgate. She gets up & at the same time, the non‐owner, inexperienced](https://reader036.vdocument.in/reader036/viewer/2022062602/5ec5686c668468537156f400/html5/thumbnails/44.jpg)
Questions?
43