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Insurance Claims from Colorado Wildfires at $450 Million and Growing

The residents of Colorado have had a rough 2012. In April it was announced that 98% of the state was facing drought conditions, which raised crop prices and, even worse, set the stage for what would become one of the worst wildfires in Colorado history.

The High Park Fire in Larimer County and the Waldo Canyon Fire in Colorado Springs have caused insured damage of $450 million with expectations that the number will grow significantly since the claims process has just begun. This figure is double the $224 million logged during the Fourmile fire west of Boulder in 2010, which was considered the state’s most costly. As of July 3rd, all but two Colorado counties had been deemed disaster areas.

Here is a video of the situation just two weeks ago:

Surprisingly, 2012 (so far) is not the worst wildfire year we’ve seen. The Insurance Information Institute states:

There have been 28,912 wildfires that burned 2.3 million acres in 2012, as of July 4, according to the National Interagency Fire Service. This compares with 37,326 wildfires that burned 4.9 million acres during the same period in 2011, and 30,354 wildfires that burned 1.5 million acres during the same period in 2010.

The same cannot be said for the nation’s drought — it is the worst in half a century. The Washington Post has uploaded close to 20 sad and startling photos of the drought of 2012. Take a look. It’s worth your time.

25 Insurance Legends

Last week’s issue of National Underwriter profiled the industry’s “Living Legends: 10 Visionaries Who Fundamentally Changed Insurance Forever — For Better or Worse.” Their online supplement took it even furthering, offering a list of “The Top 25 Living Legends of Insurance.”

From household names like investment oracle Warren Buffett and financial sector watchdog Barney Frank to industry leaders like Travelers CEO Jay Fishman and Willis CEO/Chairman Joe Plumeri, the list summarizes the contributions of so many insurance titans.

However, by far my favorite description has to go to Insurance Information Institute (III) head honcho Robert Hartwig, who National Underwriter calls an “Omnipresent Guru.”

You might think Robert Hartwig is omnipresent. When he’s not on TV giving the insurance perspective on a wide range of issues or being quoted in various national publications, Hartwig is traveling across the globe giving presentations on the industry.

“I make about 100 presentations a year,” says the president of the Insurance Information Institute. “It’s very common for me to be in two or three different cities every week—and they’re not near each other.”

But despite always being in such high demand, Hartwig has developed a reputation for himself and the I.I.I. for being a credible source of information in the insurance world.

“If you were to ask me which of the countless websites available to keep in touch with our industry today, I’d say the best is I.I.I.,” says Hank Watkins, president of Lloyd’s America. “Bob is very good at what he does. He’s a true spokesperson for the industry.”

Hartwig really is the best in the biz.

A Worldwide Need for a Better Cyber Insurance Market

A new report from the European Network and Information Security Agency (ENISA) claims that Europe’s citizens and businesses could benefit from better protection for their computer systems and data if the cyber insurance market can be kick-started.

Though cyber security is an important concern for European and national policy makers, businesses and citizens, there is concern that traditional coverage offered by Europe’s insurance providers may not comprehensively address digital risk, according to the report, “Incentives and Barriers to the Cyber Insurance Market in Europe.”

ENISA has made four recommendations to address this issue:

  • Collect empirical data on cyber insurance in Europe, looking at types of risk insured, premiums paid and levels of payouts to determine future trends. The action could be taken by insurance underwriters, firms or regulatory authorities.
  • Examine incentives for firms to improve their data security as a way for them to reduce their risk and financial liability if they breach data protection regulations. Fact finding with the European Commission would be a first step to understanding this area.
  • Establish agreed frameworks to help firms put a measurable value on their information. The work could be assisted by privacy and information security advisors, underwriters and the European Commission. ENISA could also provide further support.
  • Explore the role of governments as an insurer of last resort, following other models where policy intervention is in evidence when catastrophic risk is involved. This could be investigated by EU Member State governments and the European Commission.

Meanwhile, in the U.S., the topic of cyber liability exposures and coverage was of top concern at the Casualty Actuarial Society’s Seminar on Reinsurance, held earlier this month in Boston. There, it was noted that 72% of large U.S. companies do not have cyber liability insurance, while 33% believe they don’t have significant data exposure, since they believe their internal controls are adequate (according to a study by Towers Watson).

The business of cyber insurance is growing, however. Michael L. McCarthy, a vice president of professional liability treaty reinsurance at Axis Capital, estimated the market at about 0 million in premium per year, most of it in the United States, and growing at 10 to 25% per year.

According to a release from the Casualty Actuarial Society, John Merchant, of Freedom Specialty Insurance Company, divided coverage into five broad categories:

  1. Liability coverage, which covers damages from loss or compromise of sensitive third party data, like patient medical records. It also covers liability arising from damage to a third party’s network because the insured’s network caused a data breach, such as if a virus traceable to the insured’s network infects another network. And it covers e-media issues, like libel or slander or misuse of a company’s trademark.

  2. Expense coverage, which covers the cost to notify every person whose privacy has been breached. Often that includes providing the victim services like credit monitoring, identification theft monitoring or restoration of a stolen identity.
  3. Regulatory coverage, which covers the company’s costs if the breach triggers investigation by state or federal authorities.
  4. Industry group coverage, which handles fines assessed by industry associations for data breaches. For example, Visa, MasterCard and Discover have established a Payment Card Industry-Data Security Standard. If a credit card issuer fails to adhere to the standard, it can be fined. The coverage handles the fine.
  5. First party coverage, which handles loss of revenue from network interruptions caused by a security breach, or the cost of restoring lost data.

However you divide it or analyze it, the fact remains that there is still an inadequate market for cyber insurance, both in the States and abroad. Though recent statistics have shown growth, we must remember that it is an emerging market and with that comes risks, mistakes and lessons.

Supreme Court Upholds Health Care Law

In one of the most closely-watched decisions in recent years, the Supreme Court upheld the Affordable Care Act, including the controversial individual mandate requiring most Americans to purchase health insurance or face a financial penalty. SCOTUS Blog posted a succinct one paragraph summary of the decision:

The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn’t comply with the new requirements, rather than all of their funding.

The 5-4 decision was seen as a victory for the Obama Administration and will certainly become a key issue in the upcoming November election as Mitt Romney has already vowed to repeal the law should he win the presidency. In fact, this division was likely anticipated by Chief Justice John Roberts in his majority opinion:

We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nation’s elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions.

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Roberts did conclude, however, with regard to the constitutionality of the individual mandate:

The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance.

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Such legislation is within Congress’s power to tax.

Regardless of its ultimate fate, the Affordable Care Act stands, much to the benefit of the some 30 million Americans without health insurance.

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To illustrate where these uninsured are concentrated, the Atlantic offered the following map.