Category Archives: Insurance

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Crop Insurance Cuts

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A proposal made by the House of Representatives Budget Committee yesterday would cut U.S. farm and crop insurance subsidies by $30 billion over 10 years, which is a much greater reduction than agricultural-state lawmakers suggested previously. Budget chairman Paul Ryan called for the reductions.

Ryan’s plan would reduce “the fixed payments that go to farmers irrespective of price levels” and “reform the open-ended nature of the government’s support for crop insurance so that agricultural producers assume the same kind of responsibility for managing risk that other businesses do.

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The potential effect is two-fold, however. If the proposed budget is passed, there is a strong possibility that there will be no farm bill this year.

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According to Representative Colin Peterson (D-MN), it will essentially guarantee it.

Republican leaders, in attempting to avoid defense cuts, have chosen to “leave farmers and hungry families hurting,” Peterson, the ranking Democrat on the House Agriculture Committee, said in an e-mailed message.

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If a farm bill is not passed this year, Congress would need to approve an extension of the existing farm law or else a 1949 law, which comes with higher costs and limited planting regulations, would go into effect.

Let the partisan debate begin.

Property Insurance and Disaster Recovery

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How well a company can recover from a disaster often hinges on the quality of the recovery plan. And as Joshua Gold and Lawrence Bartelemucci of Anderson Kill & Olick point out in a new article, this plan needs to be in place before a disaster strikes. In order to develop the most effective plan, certain key considerations, both from an insurance perspective and a property perspective, must be addressed. Developing a checklist of these items can make all the difference. For example:

  • Is your space worth rehabilitating? If it is, then your company will need to contract for design and construction services to rehabilitate the current space or rebuild on site. If the space that will be rehabilitated is leased, your company needs to coordinate its efforts with the landlord.
  • If it is not worth rehabilitating, then your company must consider how it will dispose of the space (for example, selling the property or cancelling the lease), and how it will acquire new permanent space. In addition, your company will need to contract for design and construction services for its new space. This process should involve a zoning analysis to ensure that your company can build what it needs and conduct its operations on the chosen site.

For more insight, be sure to check out their article, only on RMmagazine.com.

Managing the Risk of Cyberattacks: When Will Boards Learn?

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Even after the many cyberattacks initiated by Anonymous and Lulzsec, it seems boards are still not exercising appropriate governance over the privacy and security of their digital assets, that’s according to a new study by Carnegie Mellon CyLab entitled “Governance of Enterprise Security.”

The study says that “even though there are some improvements in key ‘regular’ board governance practices, less than one-third of the respondents are undertaking basic responsibilities for cyber governance. The 2012 gains against the 2010 and 2008 findings are not significant and appear to be attributable to slight shifts between ‘occasionally,’ ‘rarely,’ and ‘never.'”

A look at the numbers:

And even with the advancement of enterprise risk management throughout organizations, it seems there is still a disconnect between boards and senior executives understanding that privacy and security and IT risks are a part of ERM. A whopping 58% of those surveyed said their board did not review the organization’s insurance coverage for cyber-related risks.

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The survey proved that they do not have full-time senior level personnel in place to manage privacy and security risks.

Less than two-thirds of the Forbes Global 2000 companies surveyed have full-time personnel in key roles responsible for privacy and security in a manner that is consistent with internationally accepted best practices and standards.

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Moreover, the common practice of assigning security personnel both privacy and security responsibilities creates segregation of duties issues at line responsibility levels.

Though there are signs of progress compared to previous years, the 2012 CyLab survey shows a serious lack of attention at the top in regards to cybersecurity.

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D&O Insurance: The Cooperation Clause and Privileged Communications

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Directors and officers and the insurance companies that insure them often have a complicated relationship that can be both cooperative and adversarial. And as Richard Giller of Alston & Bird LLP explains in an online exclusive article, this relationship becomes even more complicated in the face of a lawsuit that strains the parties’ ability to communicate. He discusses how this effects the cooperation clause of the policy and the ramifications of sharing confidential or privileged information with a D&O insurer.

Because sharing information with a D&O carrier may be critical to assist in the evaluation of liability risks, the cooperation clause had been described as a material provision of the policy and a condition precedent for the insured’s rights under the policy. A breach of the cooperation clause that causes actual and substantial prejudice to the carrier may operate to relieve the insurer of liability under the policy. Thus, the risks associated with the failure of a policyholder to cooperate could be catastrophic.

Giller also offers useful strategies that policyholders and carriers could employ in order to maintain the confidential nature of their communications, including joint defense and confidentiality agreements. So be sure to check out his interesting and informative article, only on RMmagazine.com.