About Caroline McDonald

Caroline McDonald is a writer and former senior editor of the Risk Management Monitor and Risk Management magazine.
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Yeager Airport Added to W.Va. Chemical Spill Lawsuit

A consolidated class-action complaint contends that poor management of a construction project extending runways at Yeager Airport created conditions causing runoff, contributing to the January chemical leak that left hundreds of thousands of West Virginians without water.

The West Virginia Gazette reported that in the complaint, filed June 20 in federal court, plaintiffs allege the airport’s runway extension project, which began in 2004, created storm water runoff that disturbed the Freedom Industries tank farm. This eventually led to the failure of the tank that leaked 4-methylcyclohexane methanol (MCHM) and PPH (polyglycol ethers), chemicals, mostly used to clean coal.

The chemical leak began on Jan. 9, when authorities discovered that 7,500 gallons of chemicals had leaked from an aging storage tank into the nearby Elk River.

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Gov. Earl Ray Tomblin issued a State of Emergency for Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam and Roane counties. Up to 300,000 residents were affected and hundreds were sickened. Dozens of lawsuits have been filed since the coal-cleaning chemical contaminated the region’s water supply.

The complaint, filed by residents and businesses affected by the spill, states that, “erosion of the tank’s foundation and the increased water on the tank site and the associated process of repeated wetting and drying of the tank bottom, which resulted from the Airport’s runway extension project and the lack of associated or adequate storm water controls, significantly caused or contributed to the MCHM tank’s failure in January 2014.”

The new complaint also names Triad Engineering as a defendant. Triad worked for the airport on the extension project, which had numerous problems from the start. The complaint states that the airport and Triad “did not design or plan for any permanent storm water detention or retention structures following completion of the runway extension project.

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According to the lawsuit, storm water controls that were installed were inadequate to control the excess storm water caused from construction.

NAMIC Nixes Car-Sharing

While car-sharing has been given the green light in California, Oregon and Washington, some insurers are cautioning against it.

In the states that have passed laws, legislation prevents insurers from canceling the policy of an owner who rents a vehicle. Car-share programs are also required to provide liability insurance acceptable approved by the state.

Car-sharing services allow a car’s owner to turn a personal auto into a personal Zipcar and rent it out by the hour or the day. The owner sets a price, and an intermediary service lists the car online, connects the owner with people who want to it and takes a portion of the fee.

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According to CNBC, insurance companies worked with California’s legislature on the car-sharing law to make it work. Pete Moraga with the Insurance Information Network of California said, “We knew that this was a trend that was not going away, so our goal was to come up with a law that was advantageous to all parties.”

But the National Association of Mutual Insurance Companies (NAMIC) is opposed to New York’s proposed bill, A.8007B, which would regulate car-sharing programs.

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They claim it would likely result in lawsuits arising out of disputes over coverage.

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NAMIC pointed out that the rise of formal car-sharing programs throughout the United States has uncovered numerous insurance-related challenges, especially over the role of the car owner’s personal insurer and what exposure it may have.

“Unfortunately, the insurance provisions in this bill lack sufficient clarity and will likely result in unnecessary coverage disputes and consumer confusion,” said John Murphy, NAMIC’s state affairs director for the Northeast. “With a car-sharing program, an insurer lacks important information for gauging the risk. Car sharing is essentially a commercial enterprise, and the personal auto carrier should not be required to cover a risk that it never intended to cover.”

Murphy said that the insurer of any car involved in a car-sharing program needs to be free to decide whether it wants to underwrite the vehicle, exclude any damage resulting from such use, and cancel or not renew any vehicle participating in a car-sharing program. He also said that because New York has a competitive auto insurance marketplace, it is likely that some carriers will develop insurance products for the car-sharing market.

The 1,400 NAMIC member companies serve more than 135 million auto, home and business policyholders and write more than $196 billion in annual premiums, accounting for 50% of the automobile/homeowners market and 31% of the business insurance market.

Insurance Industry Encouraged About TRIA Renewal

The House Republicans’ proposed bill to extend the Terrorism Risk Insurance Act (TRIA), set to expire at the end of this year, is “encouraging,” but there are also concerns, insurance industry experts say.

Representative Randy Neugebauer (R-Texas) introduced the TRIA Reform Act of 2014 on June 17, which would modify and extend TRIA.

TRIA provides a government backstop for insurers and reinsurers in the event of a catastrophic terrorist attack. The proposed bill would extend the program for five years and make insurers more active participants in the market, according to American Banker. The proposed bill also distinguishes attacks that are nuclear, chemical, biological or radiological (NBCR) from other terrorist attacks and increases the industry’s cost for conventional attacks.

Earlier in June, the Senate Banking Committee approved a bill that would extend TRIA for seven years, increase insurers’ co-pay for all attacks from 15% to 20% after a deductible, and increase the threshold for mandatory recoupment from $27.5 billion to $37.5 billion.

“The House bill is a very encouraging sign, especially because it comes on the heels of the Senate bill (S.

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B. 2244) a few weeks ago,” said Robert P. Hartwig, president and economist of the Insurance Information Institute. “Though the bills contain substantive differences, I think a compromise can and will be reached. Time is of the essence as the uncertainly in the markets is already causing disruptions in the form of exclusionary language and because it is an election year there are relatively few days left on the Congressional calendar.

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American Insurance Association (AIA) President Leigh Ann Pusey lauded introduction of the bill, saying that it “adds to the growing momentum behind TRIA’s reauthorization in both the House and Senate. We urge the Committee to swiftly mark up the TRIA Reform Act and move it to the House floor for a vote before the August recess.”

The new law would progressively raise the program’s threshold following conventional attacks from $100 million to $500 million. Insurers would make a 20% copayment after a deductible in the wake of a conventional attack, compared to 15% for NBCR attacks.

Hartwig noted that the insurance industry has some concerns related to the “bifurcation” of NBCR and non-NBCR risks. “Under the bill, non-NBCR risk would be subject to the increased trigger which would rise from its current $100 million to $500 million by 2019,” he said. “Likewise, there’s concern about the increase in the industry’s co-share from 15% to 20%. In both instances, the increase in the industry exposure to potential loss could result in reduced capacity, particularly capacity originating with smaller insurers. The bifurcation also adds an unnecessary layer of complexity to the process.”

In a statement, Pusey also expressed concern “with certain provisions of the bill that could lead to decreased market capacity. Most notably, the creation of a bifurcated approach for nuclear, biological, radiological and chemical (NBCR) attacks vs. conventional attacks falsely assumes that the insurance market operates based on the same distinctions.” She said that differentiation based on the type of event introduces “needless complexity, creating potentially adverse consequences under the program and insurance market capacity.

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We are also concerned about the steep increase in the program trigger and co-share, which could also lead to a reduction in capacity.”

Hartwig concluded that while the success of TRIA is “unambiguous, providing continuous benefits to the American economy at essentially no cost to taxpayers, the current resurgence of terrorism in Iraq reminds us that the threat of terrorism is omnipresent.”

He added that some TRIA opponents cite that the bill was originally designed as a temporary measure. “While that may be so, the past 13 years have demonstrated that the U.S. remains under constant threat. Last year’s Boston Marathon bombing made that crystal clear. Prior to the Marathon bombing there had been many unsuccessful terrorist plots—ranging from efforts to bring down airliners to bomb plots in several US cities.”

Neugebauer said he believes the TRIA Reform Act of 2014 will lead to a stronger private market, preventing U.S. taxpayers from making ongoing payments to support another federal program. The House banking committee will vote on the bill on June 18.

Best of the Worst in Insurance Fraud

The second most costly white collar crime in America behind tax evasion, insurance fraud costs an estimated $80 billion annually. Questionable claims rose 26.7% across the United States between 2010 and 2012, according to Mercury Insurance Company, whose Special Investigation Unit (SIU) of 50 investigators nationwide examines questionable claims. The team completed 1,476 investigations in California alone, exposing more than $24 million in attempted fraud, the company said.

“It’s amazing the things people will do to try and cheat the system, but they don’t know we’ve seen it all,” said Dan Bales, national director of special investigations for Mercury, which established one of the country’s first SIU’s in 1978. “Our SIU goal is to stay several steps ahead of these criminals and continue to uncover fraud, which can contribute to as much as 30% of customers’ premiums.”

Below are Mercury’s Top 3 “Best of the Worst Claims,” in 2013, highlighting some of the methods used to try and beat the system.

Claim #3: Bicycle Down

The claimant alleged he was struck as his bicycle passed behind a Mercury-insured vehicle that was backing up in a parking lot. He called the police, filed a report claiming injury and property damage, and was then transported by ambulance to a medical center to treat his alleged injuries.

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The real story was quite different, however, as this criminal didn’t know the entire incident was caught on video. The video clearly showed the claimant intentionally slapping the back of the insured vehicle with his hand and then guiding his bicycle to the ground to make it look like he’d been struck by the car.

The claimant retained an attorney to pursue an injury claim, which was denied by Mercury following the police report that included the security camera video taken at the scene. The claimant was ultimately arrested, convicted and sentenced to three months in jail with three years’ probation, and also had to pay a fine, restitution and his medical bills. Watch the video clip

Claim #2: Wrong Way Driver

The insured stopped at an intersection in front of a repair van. Suddenly, the two vehicles collided in what appeared to be a rear-end collision, which necessitated police being called to gather statements.

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The insured driver and passenger claimed the van driver had rear-ended the insured’s vehicle and both were allegedly injured. However, the van driver’s adamant contention that he hadn’t caused the accident led the investigating officer to seek surveillance video, which he found at a nearby gas station. Sure enough, the footage revealed that instead of proceeding through the intersection as expected, the insured driver threw her vehicle into reverse, slamming into the front of the van.

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The insured driver and her passenger were subsequently charged with insurance fraud and conspiracy, and the driver was also charged with assault with a deadly weapon … her car. And yes, the claim was denied. Watch the video clip

Claim #1: A Not-So-Merry Christmas

Looking to make some quick Christmas cash, the insured and two cohorts staged an accident and filed medical payment claims through Mercury, which were identified as questionable and assigned to the SIU for investigation.

A detailed claims history was compiled for the three individuals, who were then interviewed by SIU investigators. What the investigators found was that each claimant’s story was different, so they began to look deeper. That’s when they uncovered some very compelling evidence that suggested this accident was staged.

The SIU team discovered the insured’s prior claim history showed a loss at the same location with the same facts provided. A confession quickly followed about his latest claim, as well as a description of all the fraud he’d committed on each of his previous claims. All three claimants were convicted and given probation, community service and ordered to pay more than $26,000 in restitution to Mercury Insurance.

Suspicious activity can be reported to the National Insurance Crime Bureau.