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Risk Link Roundup

These topical articles highlight some interesting and relevant issues in the world of risk and insurance; from how Uber could impact the insurance industry, to Deepwater Horizon lessons-learned, to supporting workers with chronic conditions to board integrity.

What Will Be the Uber of Insurance?

From Insurance Thought Leadership: Insurance is ripe for disruption, and, given the conservative nature of the reigning carriers and large brokers, it is a fair guess that a lot of innovation will come from outside the industry. There are a few of candidates that might be in the winner’s circle when the dust settles.

Gard: Six Takeaways from Deepwater Horizon

From Marine Log: P&I club Gard estimates that BP’s claims and costs from the Deepwater Horizon disaster are more than $70 billion. Gard lists six important lessons emerging from the 2010 incident and the ensuing litigation during the past five years.

Employers Urged to Accommodate Workers’ Chronic Conditions

From Business Insurance: When it comes to workers with chronic conditions, employers should focus on providing accommodations and support rather than managing a disease, an expert said during the Disability Management Employer Coalition’s 2015 conference in San Francisco.

Integrity? The Buck Stops at the Board

From Listed Magazine: Companies are quick to blame “rogue employees” when they experience an ethical failure within. But employees merely reflect a company’s true and actual culture, internal controls and practices—all of which point right back to the board

Cybersecurity, Product Recall and Drones Top List of Emerging Casualty Risks

The cybersecurity insurance industry is booming, with demand for this specialty coverage vastly outpacing any other emerging risk line, according to a new survey by London-based broker RKH Specialty. In fact, 70% of the insurance professionals surveyed listed cyber as the top casualty exposure.

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The brokers, agents, insurers and risk managers RKH queried after April’s RIMS 2015 conference said their top casualty concerns after cyber are product recall and drones (11% each), with others including e-cigarettes, autonomous vehicles and telematics totaling only eight percent.

RKH Specialty Study Graph

“Losses stemming from cyber-related attacks and business interruption can be catastrophic for individual businesses,” said Barnaby Rugge-Price, RKH Specialty’s CEO.

“Healthcare and retail have been the major buyers in the cyber space to date but we are seeing an increasing conversion rate across the whole of our portfolio. After a number of years of looking at the offering, clients are increasingly deciding to purchase the cover as the product has improved and the frequency of attacks has continued to increase. There has also been a heightened focus on the business interruption aspect, where cyber attacks can cause whole facilities to shut down. But whether cyber related or not, any interruption to the supply chain can cause a disproportionate loss. The survey highlights the importance of specialist insurance for a whole host of emerging risks.”

Turning specifically to property exposures, supply chain disruption was identified by 61% as the top risk, followed by flood (30%) and tornadoes (9%). The findings reflect a growing recognition of the potential exposures that longer and more complex supply chains introduce, the firm said.

The brokerage also asked insurance professionals what they think clients are and will be most concerned about when evaluating a broker’s service, and in turn, what brokers will need to focus on to stay competitive. They predict:

RKH Specialty broker service

Prepare Now for Spring Thaw Flooding

After a harsh, cold winter, the clear, sunny skies and rising temperatures of spring are much appreciated. Businesses, however, also need to be ready for the possibility of flooding that may result from heavy rains combined with melting ice and snow.

The National Oceanic and Atmospheric Administration (NOAA) notes that flooding causes more damage in the United States than any other weather-related event. On average, flooding causes $8 billion in damages and 89 fatalities annually. Warming weather also often brings ice jams along rivers, streams and creeks, which can cause further flooding.

“In addition to the threat of floods that occur when severe weather hits, snow and ice have been piling up in many areas of the U.S. this winter,” Bill Boyd, senior vice president with CNA Risk Control, said in a statement. “When temperatures rapidly increase, so does the rate at which snow and ice melt…” which can create serious problems for those heavily affected this winter. “As spring temperatures begin to rise, it’s imperative for businesses to create emergency plans for flooding, which could cause costly property damage or disrupt operations,” he said.

According to NOAA:

Snowmelt and the breakup of river ice often occur at about the same time. Ice jams often form as a result of the sudden push exerted on the ice by a surge of runoff into the river associated with snowmelt. Ice jams can act as dams on the river that result in flooding behind the dam until the ice melts or the jam weakens to the point that the ice releases and moves downstream. A serious ice jam will threaten areas upstream and downstream of its location. Six inch thick ice can destroy large trees and knock houses off their foundations. Once an ice jam gives way, a location may experience a flash flood as all the water and debris that was trapped, rushes downstream.

CNA offers these tips for businesses to minimize loss during the thawing season:

Create a flood preparation plan.

Keep water out with barriers, sandbags and other devices.

Relocate materials from lower levels. In some cases, this may simply mean placing stored items on      one or two pallets, or moving items from lower shelves or racks to upper levels.

Review shutdown procedures for affected processes, especially hazardous processes.

Check to make sure drainage, including roof drains, are open and flowing freely.

Thaw Edition tools, checklists and bulletins, can be found at www.cna.com/actnow.

Insurers Will Be Found Not Guilty of Fraud in Sandy Payouts, Expert Says

Insurers will be vindicated of accusations of fraud for rejecting flood damage claims made by Superstorm Sandy victims, an insurance industry expert predicts.

New York’s Attorney General Eric Schneiderman has opened an investigation into accusations against insurers Wright National Flood Insurance Co., units of Travelers Cos. and Hartford Financial Services Group Inc., which contract with the government’s National Flood Insurance Program (NFIP), of rejecting property flood damage claims of Sandy victims based on falsified engineering reports, Bloomberg reported this week.

Called a Write Your Own program (WYO), the Federal Emergency Management Agency (FEMA) allows participating property and casualty insurers to write and service the Standard Flood Insurance Policy in their own names.

Under the WYO program, insurers receive an expense allowance for policies written and claims processed while the federal government retains responsibility for underwriting losses.

The WYO Program operates as part of the NFIP, and is subject to its rules and regulations, according to FEMA, which oversees the flood insurance program.

“I am confident that the attorney general will be satisfied that insurers involved with the Write Your Own program were operating in a manner consistent with NFIP guidelines,” said Robert P. Hartwig, Ph.D., president of the Insurance Information Institute.

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Lawsuits in federal court accuse the insurers of colluding with engineering firms and others to deny or reduce damage payouts based on fraudulent reports. Schneiderman is investigating whether any crimes were committed. According to The Hartford Courant, more than 1,000 lawsuits are involved, alleging that homeowners were underpaid by insurance companies. Attorneys said insurers accepted altered engineering reports in a “peer review” process.

Insurers point out that the property disputes involve only about 1% of all flood claims and that the peer-review process is common practice—a quality control measure to make sure the federal government doesn’t overpay on flood claims.

Regarding the lawsuits that have been filed, Hartwig said, “I am equally confident that the evidence will indicate once again that insurers were operating in a manner consistent with NFIP guidelines.”

He explained that the lawsuits lodged against insurers alleging that certain insurers and firms hired to perform engineering analyses on flood-damaged properties were acting together to reduce or deny claims, “reflect a fundamental  misunderstanding of how the NFIP WYO program works. Engineering firms routinely and appropriately use a peer review process to review work performed. Occasionally, that process leads to additional opinions being reflected in an engineering report, which can thus impact the dollar amount received by claimants. This is part of a routine and necessary quality-control process.”

Hartwig said that this process is “no different than peer review in other technical and scientific disciplines. Using medicine as an example, test results are routinely reviewed by more than one medical professional before a diagnosis and course of treatments are rendered.”

Moreover, he added, insurers and the engineering firms hired are not financially motivated “to pay claimants anything other than a fair and accurate assessment of the losses compensable under the NFIP policy purchased. Insurers that consistently underpay or overpay claims can be removed from the program by the NFIP/FEMA.”