Category Archives: Insurance

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Hurricane Preparation and Recovery Tips for Businesses

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The first Atlantic hurricane of the season is rapidly approaching the mainland United States, with experts currently expecting Hurricane Dorian to make landfall in Florida on Sunday. For businesses both in the storm’s path and beyond, it is important to take the opportunity to consider how to protect property from hurricane damage before and after storms. The Congressional Budget Office estimates that, on average, hurricane damage costs $54 billion annually, and even at this late date, there is always more businesses can do to try to mitigate such losses and damage to their property and operations.

One of the simplest steps is having an accurate replacement cost and business income valuation. If valuations were conducted previously, consider how long it has been and any significant changes, such as assets or location. It is also important to document the property before a storm arrives, including taking photos and videos, or even using 3D-mapping technology to record a detailed account of an entire space, building or structure. Most importantly, confirm with the insurer that the policy is current and that the terms, conditions, and limits are all well understood.

Creating and practicing a detailed disaster plan is another important step. Business owners can use risk modeling programs, which run a range of potential scenarios digitally to flag issues and create a more holistic plan. If digital modeling is unavailable, walking through or rehearsing plans can help identify potential issues. For example, built-in hurricane shutters are great, but if they are not tested ahead of time and then malfunction in the hours before a storm, it may be too late to find an adequate solution. When tailoring the disaster response plan, also consider the available coverage to limit out-of-pocket expenses after a storm. Coordinating with your insurance professional is the best way to minimize uninsured expenses.

One critical factor for any business disaster plan is how to protect data, including business data as well as plans and building layouts. House these valuable documents in a secure location in case of physical damage to the main data storage unit or computer drives. Insurance companies will likely request very specific information to process any claim, so speak with an insurance company adjuster in advance to determine what types of documents they need for filing a claim, then store those in an easily accessible online portal.

Create a business continuity plan that addresses how to expedite recovery or avoid interruption, potentially including employing an off-site workforce, creating an alternative workspace, and locating backup suppliers.

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It should also always include a communication plan so that key players remain connected. Business owners should engage with critical vendors and emergency responders in advance to assist with loss mitigation, temporary repairs, and restoration. Following a wide-spread catastrophe, these vendors are in high demand and having a preexisting relationship will help.

Once the storm passes, the first step must be communication: contact everyone to address safety concerns and identify their needs. Phone lines and internet service are often unreliable following a storm, and business owners should be prepared to use multiple forms of communication, from texts to emails and applications that use Wi-Fi.

After reestablishing contact, quickly document the damage (ideally in both photos and videos) since demonstrating the extent and cause of loss becomes increasingly difficult over time. Policyholders should notify their broker and insurance company of the loss immediately, and once damage is documented, policyholders must reasonably and with due diligence preserve and protect property and commence restoration while mitigating future risk. For example, if a structure suffers roof damage, but no action is taken to “reasonably and quickly” provide temporary cover, rain damage following the storm may not be covered as part of the storm’s damage.

Finally, it is critical to log all logistical and monetary details.

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After a hurricane, there may be challenges accessing damaged areas, so retain all notices, civil orders or police mandates concerning any access limitations to later provide the insurance company. An insurance company cannot expect a policyholder to put a tarp on a roof if access was prohibited. Likewise, policyholders should track all expenditures. After a disaster, the price of restoration services can increase dramatically, so acquire and keep multiple estimates of any cleanup, construction, or emergency service needed. Having these estimates will allow policyholders to assert the cost was both reasonable and necessary and receive reimbursement.

Hurricane season is already here but it is not too late to take preparative steps to help protect your business from the often unpredictable effects of storms. The only things business owners can control are the steps to help prevent and recover from damages.

Catastrophic Floods More Frequent in 2019

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Last week, after already experiencing heavy rainfalls and flooding, New Orleans was preparing for tropical storm Barry, expecting the storm to overflow or even breach the city’s levees. Flights in and out of the city were cancelled, as were concerts and other public events, as the city braced for catastrophe. Barry ended up narrowly missing New Orleans, and instead moved inland, drenching other parts of Louisiana and Mississippi and causing floods and mass power outages in those areas. It was yet another example of how major flooding has become a normal occurrence for many regions of the country, and by all indications, it is becoming worse each year.

The National Oceanic and Atmospheric Administration (NOAA) stated in its report 2017 State of U.S. High Tide Flooding and 2018 Outlook that “The projected increase in high tide flooding in 2018 may be as much as 60 percent higher across U.S. coastlines as compared to typical flooding about 20 years ago and 100% higher than 30 years ago.” This prediction turned out to be accurate, as the United States saw massive flooding throughout 2018, including “sunny-day” or “high-tide” flooding that occurs during high tides outside of hurricane events.

In its recent report on 2018 high-tide flooding and 2019 outlook, the NOAA said that these floods’ median frequency in 2018 “reached 5 days, which tied the historical record of 2015.” Of the 98 observed locations along the U.S. coastline, 12 reportedly broke or tied their all-time records for high-tide flooding in 2018. And now, the NOAA is predicting that 2019 could be even worse.

The NOAA noted that high-tide flooding “is increasingly common due to years of relative sea level increases. It no longer takes a strong storm or a hurricane to cause flooding in many coastal areas.” The Union of Concerned Scientists has said that sea level rise is accelerating, that “sea levels in the U.S. are rising fastest along the East Coast and Gulf of Mexico,” and that the primary reason for this sea level rise is climate change melting land ice and heating oceans.

According to the NOAA’s 2019 projections, it expects high-tide flooding along the U.S. coastlines this year to reach double the numbers from 2000. Additionally, “the Northeast Atlantic could see a 140% increase, the Southeast could see a 190% increase, and the Western Gulf of Mexico could see a 130% increase.”

Almost 40% of the U.S. population lives in coastal areas, and could be at risk from flooding effects. With the start of hurricane season, these dangers will only increase as storms batter the coasts. Even before Barry threatened, New Orleans faced massive flooding last week, while Pittsburgh contended with flash floods. And the week before, heavy rains left Washington, D.C. and surrounding towns swimming in water that overwhelmed the city’s storm water pipes.

These increasing floods mean serious losses for people, municipalities and businesses. The recent DC-area floods reportedly caused $3.5 million in damage to Arlington, Virginia county infrastructure alone. In March, a “bomb cyclone” hit Nebraska, with heavy rainfall causing damages totaling more than $1.3 billion. This figure includes $449 million in road, levee and other infrastructure damage, as well as serious damage to more than 2,000 homes and 340 businesses. Iowa also experienced flooding that caused water treatment plants to shut down, depriving two cities’ residents of fresh water. And across the Midwest, agriculture was also hit hard by flooding, slowing corn and soybean planting. The delay may decrease harvests by at least 8% and increase prices worldwide.

As Risk Management Monitor has previously reported, Texas A&M University at Galveston and the Texas General Land Office examined the 50-year impact of a major storm hitting Galveston Bay on the Texas coast near Houston, finding that major storm events that caused flooding would have huge secondary effects on the economy, both locally and nationally.

Various states, including those along the Mississippi River, have already enacted flood control measures like levees, dams and flood walls, but have seen this year’s increased flooding defeat these measures. Others have encouraged residents to purchase flood insurance to offset losses. But the increasing scope of future floods may mean that these steps are not enough. Though tropical storm Barry missed New Orleans, experts have still expressed concern about coming storms possibly “topping” the city’s levees, which could cause even more damage to the already-flooded city.

FIU Bridge Collapse Due to Negligence, OSHA Claims

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According to a new Occupational Safety and Health Administration (OSHA) report, negligence from almost every party involved led to last year’s collapse of a pedestrian bridge at Miami’s Florida International University, killing 6 and permanently disabling one other. The pedestrian bridge project was supposed to pose lower risk of disruption thanks to a construction method called “accelerated bridge construction,” intended to minimize the time and risk involved on-site by performing much of the work off-site and then relocating it. Yet, according to the report, almost all parties involved shared some fault for the collapse, most notably FIGG Engineering-Bridge Group, the firm that designed the bridge.

On March 15, 2018, the bridge collapsed onto the street below, where multiple cars were waiting at a stoplight. FIGG Engineering-Bridge Group had designed the bridge and engineering firms Louis Berger and Bolton Perez and Associates provided additional design checks. Miami-based construction firm Munilla Construction Management (MCM) managed the bridge’s construction off-site and relocated it to the school using the accelerated bridge construction method.

OSHA says that FIGG produced a “deficient” design and the company’s attempts to seal cracks in the bridge led to its collapse.

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FIGG reportedly also ignored MCM workers’ concerns about the bridge’s growing cracks, saying that it had examined them and did not find anything troubling. Given this response from FIGG, OSHA wrote that MCM should have exercised “independent judgment with regard to implementing necessary safety measures” to address those growing cracks and close the street below. OSHA also said that the road should have been closed immediately as FIGG attempted to repair the cracks—work that, as the Miami Herald reported, put additional stress on already-faulty and weak internal support cables.

According to the OSHA report, at a meeting with all construction participants on the day of the collapse, FIGG’s lead engineer “acknowledged that his computations could not replicate the cracks and, therefore, he did not know why the cracks were occurring.” Upon being told that the cracks were widening daily, he “stated more than once that the cracks did not present any safety concerns.
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” The engineer had also reportedly called the Florida Department of Transportation (FDOT) three days before the collapse to claim the same.

The report also calls into question Louis Berger’s independent review of the bridge’s designs, noting that the firm’s “constrained” budget and time led to deficiencies in the firm’s analysis, including not examining the post-installation construction phase, during which the collapse happened. OSHA said FIGG violated FDOT requirements by not requiring Louis Berger to conduct the full examination and failing to provide the firm with necessary documents.

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Bolton Perez and Associates was reportedly aware of the cracks in the bridge, but failed to follow DOT requirements to “exercise its own independent professional judgment,” and did not recommend that the street be closed.

After the incident, victims filed 18 lawsuits against 25 companies connected with the collapse, with depositions beginning in May 2019. According to the Miami Herald, MCM declared bankruptcy and in May, the judge overseeing its bankruptcy approved a $42 million insurance settlement for victims and their families. Additionally, FIU has designated that its $5 million insurance payment should go to the victims. FIGG released a statement this week calling the OSHA report “factually inaccurate and incomplete,” citing “flawed analysis.” A National Transportation Safety Board report is forthcoming, but may not be released until 2020.

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Texas Study Shows Business Impact of Major Storms

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A new study conducted by Texas A&M University at Galveston and the Texas General Land Office examines the 50-year impact of a major storm hitting Galveston Bay on the Texas coast near Houston, including secondary effects to the economy. The study focused on catastrophic “500-year” flood events (with a one-in-500 chance of occurring in a year), which, while rare, have hit the state 3 times in recent years. This includes Hurricane Harvey, which struck Louisiana and Texas in August 2017, causing $125 billion in damage, according to the National Hurricane Center.

These larger storms have serious economic impacts locally, regionally and nationally. Over a 50-year time frame, the study notes, “the projected economic impact on Texas’ Gross State Product (GSP) of storm surge without coastal protection is substantial.” In the wake of a 500-year magnitude event, the regional petroleum and chemical manufacturing sectors would see their output decline by 19% (or $175.4 billion) in lost revenue, as well as a projected 17% loss of petroleum jobs (approximately 155,000 jobs) and a petroleum price increase of 13%. It would also impact the region’s housing, with the sector declining by 8%, or $39.5 billion lost in sales.

A 500-year surge event striking Galveston Bay would also have serious impacts for national economic activity, especially because the region processes 25% of the petroleum and more than half of the jet fuel used in the United States. According to the study, U.S. GDP could drop 1.1% (approximately $883 billion), U.S. exports would suffer a 4% drop (approximately $1.66 billion) and “30 states not including Texas will have lower GSP in response to a surge event in Texas.”

“The Galveston Bay region is one of the most flood- and surge-prone areas in the United States with vast amounts of vulnerable residential, commercial, industrial and petro-chemical areas at risk,” said Texas Land Commissioner George P. Bush. “This study clearly demonstrates that, without any new protections in place, future storm surges could have substantial and lingering impacts on Texas’ economy and send lasting ripples through other economic sectors nationwide.”

Turning to mitigation, the authors of the report assessed the potential measure of a 17-foot “coastal spine,” also called a “coastal storm suppression system,” made up of “connecting seawalls and fortified dunes/levees along the coastline to retractable gates.” In October, the Army Corps of Engineers released the study Coastal Texas Protection and Restoration Feasibility Study proposing a similar example of this sort of structure—74 miles of barrier, including “floodwalls (inverted T-walls), floodgates (both highway and railroad floodgates), seawall improvements, drainage structures, pump stations, and surge barrier gates.”

The researchers estimate that a coastal spine would reduce the region’s lost petroleum and chemical manufacturing sector losses to 3% and 5%, respectively, a 1% reduction in regional unemployment, and a 1% increase in petroleum product prices. The report also claims that a coastal spine mitigation plan would reduce Houston-Galveston regional insurance premiums by as much as 28%. This could provide significant relief for insurers as well. Even though insurance and reinsurance only covered about 30% of the total wind and flood damage from Hurricane Harvey, this amounted to tens of millions in losses.

In terms of construction cost, the Texas researchers polled residents of three local counties and found that 56% “believed that both government and port industries should be responsible for financing the coastal barrier system,” and a majority agreed that some form of taxation should support its construction.