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HOW’S
THE WEATHER?
Hurricanes Cause Questionable
Insurance Arrangements To Sprout Up
Last year's hurricane season has roiled the insurance industry,
causing a "capacity crunch" and a spike in property insurance
premiums wherever there is windstorm exposure. Also, policy
terms have taken a turn for the worst. Don’t grab for
the cheapest proposal on the table.
Insurers
Capping Their Limits at Less Than Full Exposure
One problem
is with property insurance programs under Portfolio Policies
rather than Dedicated Policies. Under portfolio policies,
there is a great risk of inadequate limits in the event of a catastrophe.
With dedicated insurance, the limits provided for a particular building
are solely for that building and cannot be impaired by losses at
any other property. For example if a property has
a $20 million limit, which is equal to its replacement cost, then the
owner can be secure that in the face of an event causing severe
or total loss, that limit will be available for the building.
Under a portfolio policy, on the other hand, many buildings are
covered, all subject to a single “per occurrence” limit,
and that limit is usually a fraction of the total values at risk.
For example you might have a $5 billion portfolio covered under
a policy with a per occurrence limit of $500 million. By the
same token, on a lower level, you could have a $1 billion portfolio
with a $150 million limit. Now, if an owner insures a $50
million building under such a program, the limit seems high enough
at first glance. The potential problem materializes if multiple
properties are damaged by a single loss event, such as a catastrophic
hurricane, whereupon the limit is far exceeded. The limits
for earthquake and flood, other possible catastrophes, can be and
often are even lower than the basic per occurrence limit.
For example, for the $1 billion portfolio, the flood limit
could be $30 or $40 million. The premium for these kinds of
policies would be much lower than for dedicated insurance, for obvious
reasons.
Problems with this portfolio concept would only become evident following
a major event, and such major events are rare, though not as rare
as they used to be. The remoteness of these major events only
causes the potential insurance limit problem to go unnoticed.
However, these policies are a scandal-in-waiting if there has not
been full disclosure.
To be sure, this can be a legitimate cost-cutting technique if there
is full disclosure, and there is sufficient geographic spread, with
professional modeling of loss scenarios. None of these conditions
exist in the portfolio programs we’ve considered to date,
many of which have been offered by property managers.
Excessively High Deductibles
In the not-too-distant
past, your property insurance deductible may have been $10,000,
25,000, 100,000 -- whatever number could be absorbed reasonably
comfortably, recognizing the concept that "trading dollars"
with an insurance company is an unprofitable transaction.
The purpose of the insurance, rather, was risk transfer. Now,
however, insurers are forcing unacceptably high deductibles on owners
with any coastal proximity. The most common deductible that
is being imposed on insureds is 5% of values at risk. So,
if building replacement plus rental income equal $10 million, the
deductible is $500,000; $20 million -- $1 million; and so
on. There is no logic to this, but until the market settles
down and capacity returns, we will be seeing a lot of it.
Shop for alternatives.
The
End of Blanket Limits (for now)
Blanket limits
have been the cushion against underinsurance. If you had multiple
properties, the best approach would have been to insure them under
a blanket limit equal to the replacement cost of all the properties
in total. Under this structure, the blanket limit
is available to cover any loss, rather than each property being
limited to the stated value for that single property. This
was a cushion for accidental underinsurance, and for other contingencies.
As the weather gets more and more unpredictable, we are more and
more concerned with two of these contingencies: the cost of debris
removal and sudden spikes in localized construction costs.
Debris removal does not have a separate limit, but rather is included
within the building amount. As a result, in the event of a
total loss, the cost of replacing the structure plus the cost
of removing and disposing of the debris will exceed the limit of
insurance. Total losses from weather events have until
now been rare.
The other concern
is what happens to the cost of construction when the demand for
construction services and materials is so great that it overwhelms
the supply in a geographic area. Spikes in construction cost
on the order of 20-40% and more have been observed in Florida and
Louisiana. This does the obvious to the adequacy of a single
building's insurance limit.
Both of these
problems have been well handled by blanket limits. Now that
the problems are becoming much more real, the insurance industry
has decided blanket limits pose too much risk (for them).
Which party to the insurance transaction is in the risk business,
again? It becomes harder and harder to tell.
Flood
Limits are Separate
Flood is separate
from windstorm. It may be excluded altogether from the property
policy, or it may be included, but at a limit much lower than the
full replacement cost. Several issues to watch out for:
1) the flood limits are aggregate (per policy term), not per occurrence.
Let the limit be high enough to cover more than one occurrence;
2) if the flood is part of the basic property policy, make sure
a flood loss triggers the loss of income coverage; 3) if the flood
coverage is separate, make sure it includes loss of income, and
law and ordinance as well; and 4) purchase flood coverage even if
not in a “special flood hazard area.” The special
areas are areas where there will be a flood every 100 years on average
– 101 years and up, and you are in a different zone.
Does that mean no exposure? Certainly not (even if the zones
are assigned with absolute accuracy, which they aren’t).
Weather catastrophe strategy
involves more than insurance --you should have a business continuity
plan. But, some risk must be transferred to insurers; make
sure you understand how effectively that’s been accomplished.
Given
the inevitability of losses, you'll be judged not by whether you
were the victim of an event, but by how well you planned
for it.
(C) 2006 Licata
Kelleher Risk and Insurance Advisers, Inc. Permission granted for
distribution as is (with full attribution).
Contact us for
risk management strategy and implementation. We stand ready
to be your partner in your business ventures.
Licata Kelleher
is a risk management and insurance advisory firm. The firm does
not sell insurance, but does counsel clients on the effectiveness
of insurance, on reducing the cost of insurance and on the risk
management process.
The above is
intended to be general information, and should not be construed
as specific recommendations.
Other Articles:
INTERNATIONAL
RISK MANAGEMENT
Fall 2005
EMPLOYMENT
LAW MORPHS INTO A MONSTER
Spring 2004
INSURANCE
BROKER SUED BY NEW YORK ATTORNEY GENERAL
Fall 2004
UNDERSTANDING
THE DYNAMICS OF THE INSURANCE MARKET-
Summer 2004
WORLD
TRADE CASE UNVEILS INNER WORKINGS OF INSURANCE BROKER-Winter
2004
A
RISK MANAGEMENT APPROACH CFOs (AND THEIR ACCOUNTANTS) CAN LOVE-Fall
2003
PRESERVING
COVERAGE FOR INNOCENT INSUREDS-Summer 2003
LEAVING
TERRORISM COVERAGE ON THE TABLE
-Spring
2003
COMPUTER
SECURITY IS NOT A BLACK HOLE -Winter
2003
"LET'S
BE CAREFUL OUT THERE" -Fall
2002
WHAT
WARREN BUFFET KNOWS ABOUT
INSURANCE COMPANY FINANCIALS-Spring/Summer 2002
OPPORTUNITIES
ABOUND IN DEVELOPMENT
OF CONTAMINATED PROPERTIES -Spring 2002
"YOU
CAN'T PAY US THIS MONTH?
WHAT DO YOU MEAN 'NEW DEVELOPMENTS?" Winter 2001
WORLD
TRADE TERRORISM --
REPERCUSSIONS FOR INSURANCE MARKET-Fall 2001
ENERGY
AVAILABILITY: CURRENT REALITY OR FOND MEMORY?
-Summer 2001
"HOLD
THAT BALLOT UP TO THE LIGHT"
-Spring 2001
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