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Risk Link Roundup

Here are a few articles that caught my attention during the past week highlighting some interesting issues impacting the world of risk and insurance. They include tips on handling cyber disputes, news about the coming El Niño, Department of Labor remote work policies, how students at Butler University are establishing a captive insurer and an interesting look at potential FCPA lessons learned from the July death of Cecil the Lion.

5 Tips for Success in Cyber Litigation

Insurance Thought Leadership: Many insurance coverage disputes can be, should be and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort to courts or other tribunals to obtain the coverage they paid for, or, with increasing frequency, they are pulled into proceedings by insurers seeking to preemptively avoid coverage. – See more at: http://insurancethoughtleadership.com/5-tips-for-success-in-cyber-litigation/#sthash.m6sFEr8X.dpuf

El Niño and La Niña: Weather Patterns that Could Impact Your Business

Interstate Restoration: “…the Godzilla El Niño.”“All Signs Indicate a New Monster El Niño is Coming.” These quotes aren’t from a new action movie. They are just a couple of examples of the dramatic headlines and descriptions about the potential of this year’s El Niño. Since most of the stories hearken back to the El Niño of 1997 – 98—the strongest on record—it’s understandable if you’re concerned about the potential impact that of this year’s El Niño on your business. But depending on where you’re located, you may or may not need to worry.

DOL Forcing Everyone to Change Remote Work Policies: Pitfalls to Avoid

HR Morning: If the DOL’s new overtime regs go through as written — and there’s every indication to believe they will — employers of all stripes will have much more than just classification issues to contend with.

Grant Helps Butler Create Student-Run Insurance Company

Butler University Newsroom: The Butler University College of Business will establish a student-run insurance company with the goal of having the company fully operational by the 2019–2020 academic year, thanks to a $250,000 gift from MJ Insurance and Michael M. Bill.

On the Death of Cecil the Lion and the FCPA

Compliance Week: Cecil the Lion was shot and killed in July. What does the death of this well-known and well-beloved lion in Zimbabwe have to do with the Foreign Corrupt Practices Act? More importantly, what are the lessons to be learned by any chief compliance officer or compliance professional from this event? Much more than you would first think, actually.

3 Strategies to Protect Your Organization from Political Risk

From the Middle East to Eurasia to Eastern Europe, events and potential events that translate into political risk fill the news.

Political risk is instability that damages or threatens to damage an existing or potential asset, or significantly disrupt a business operation. Examples include sustained political and labor unrest, terrorism and violent conflict. This risk is increasingly regional in nature, as the Arab Spring and sudden spread of Islamic State control demonstrate.

According to the new Clements Worldwide Risk Index, political unrest is the number one concern among top global managers at multinational corporations and global aid and development organizations.

Risk managers in these organizations responded in the Worldwide Risk Index survey that political risk and instability—including cyber attacks—are real and growing. Twenty-eight percent of top managers surveyed stated political unrest was their top concern, while 25% cited kidnapping, and nearly 10% cited terrorism.

When it comes to terrorism, the Worldwide Risk Index results align with the data. The U.S. State Department’s Annual Country Report on Terrorism released recently indicates that the number of terrorist attacks worldwide in 2014 increased 35%, while total fatalities from terrorism activities grew by 81%, compared to 2013.

But as violence and unrest have increased, readiness for it trails far behind. Twenty-one percent of respondents admitted being “not prepared at all” for a terrorist attack, while 11% considered themselves “very prepared;” 17% said they were “very prepared” for the ramifications of a disease outbreak, while 10% they were “not prepared at all” for that threat; and 21% said they were “not prepared at all” for a cyberattack.

Perhaps most troubling, these concerns and lack of preparedness are impacting business decisions. Twenty-one percent of Worldwide Risk Index respondents had delayed plans to expand into new countries due to rising international risks.

So what can executives do to bring their organizations’ preparedness in line with growing risks around the world?

First, they can invest more in risk management overall. This means emergency planning, training, security and other techniques to manage and reduce risk. An important element is also testing the plan, which typically highlights gaps. Forty-four percent of Worldwide Risk Index respondents increased spending on this activity. While not a majority, it is still a significant percentage of organizations investing more in basic risk management.

Next, corporate executives should consider retaining the services of the growing number of political risk, insurance and security consultancies that provide political intelligence. While the quality of these firms vary and they are not a substitute for direct experience, these companies provide useful insights into potential risks one might encounter, especially when starting operations in a new location. Risk managers can also personally monitor catalysts to political unrest, such as elections, which are often linked to demonstrations and disturbances in developing countries, particularly with the rise of social media. Elections and other catalysts have caused disruptions in surprising places around the globe, such as Thailand. Corporate executives, including risk managers, need to understand that no country is absolutely “safe” anymore.

Finally, organizations need to consider increasing their spending on international insurance. Fifty-seven percent of the respondents to the Worldwide Risk Index report doing just that. There are more options than ever before for political violence and risk, kidnap and ransom (K&R), evacuation and related policies. Organizations can work with individual carriers, or with brokers who can help tailor policies to specific risk profiles. The best organizations link their brokers or insurance carriers to their overall risk management strategy and ensure their plans include which broker to contact in case of which emergency, as it may differ for a medical versus a property event.

The global economy is more integrated than ever, with more markets opening every year. Yet global supply lines and other business operations and investments are more dependent on particular political factors than at any time in modern history. Political unrest, instability and even conflict are “normal” realities that drive business decisions in evermore areas of the world. This risk can be managed. To do it, executives need to get serious about bringing their risk management strategies into line with the new “facts on the ground.”

Katrina’s Lessons in Windstorm Risk Management

Hurricane Katrina, which pummeled the Gulf Coast of the United States 10 years ago on Aug. 29, has proven to be the deadliest and costliest disaster on record. The 2005 Atlantic hurricane season was the most active in recorded history with more than 30 tropical and subtropical storms, including 15 hurricanes.

According to the study, Hurricane Katrina 10: Catastrophe Management and Global Windstorm Peril Review by Allianz Global Corporate & Specialty, it was predicted that hurricanes would become more frequent and intense after 2005, however, “In reality, the exact opposite has occurred,” Andrew Higgins, technical manager, Americas at Allianz Risk Consulting explained in the report. Instead, there has been a reduction in Atlantic hurricane activity during the last 10 years, with 2013 seeing the fewest Atlantic basin hurricanes since 1983. “These results illustrate the fact that we do not fully understand the complex climate variables that affect hurricane activity,” he said.

Because Katrina’s impact was so devastating and widespread, many changes have since been made. New Orleans has built a new system of levees, for example. Flooding caused by Katrina revealed the state of the levee systems in the U.S. to be substandard and in need of repairs estimated at $100 billion,the National Committee on Levee Safety found. “There are many levee systems throughout the U.S. that would reveal similar deficiencies if subjected to the same level of scrutiny as those in New Orleans,” according to the study.

“Katrina will always be remembered as an extraordinary natural disaster that affected millions of individuals and businesses and left an indelible impact on the global insurance industry,” Hugh Burgess, head of corporate lines at AGCS, said in a statement. “Even without considering the influence of climate change, the prospect of increasing losses due to storms is more of a result of continued economic development in hazard-prone developed coastal areas. Preparedness limits windstorm exposure and Katrina has taught us many lessons on this front.”

Top lessons from Hurricane Katrina:

1. Storm surge impact and risk modeling

“Storm surge modeling prior to Katrina essentially assumed that the height of the storm surge was a function of the maximum sustained winds,” Higgins said. “Katrina clearly showed that there are other factors that affect storm surge height… We have learned that in addition to wind speed, the physical size of the hurricane can affect the storm surge. Camille’s hurricane-force winds extended 60 miles from the storm center, while Katrina’s extended 120 miles. The larger size of Katrina was a major factor in pushing more water onto the shore.”

2. Flooding threat

The flooding caused by Katrina showed that the conditions of the levee systems in the U.S. are very poor. “The 2013 Report Card for America’s infrastructure developed by the American Society of Civil Engineers rates the levees in the U.S. as a D-,” Higgins said.

3. Wind damage prevention

Substantial wind damage occurred to structures that experienced hurricane force winds from Katrina, despite the fact that the recorded wind speeds were less than the wind design speeds. So what happened? “Most of the wind damage occurred to the building envelope,” Higgins explained. “That includes the roof covering, walls and windows. If the building codes had been strictly followed, the wind damage would have been greatly reduced. Poor workmanship and a lack of knowledge were the primary culprits.” He added, “Today, the Gulf Coast is in a better position to withstand the effects of a hurricane due to better education, improved construction guidelines and increased third party inspection.”

4. The importance of business continuity

After widespread catastrophes businesses typically relocate, meaning the client base can diminish until recovery progresses. The key to recovery is to establish a plan in advance that identifies clear priorities for attention to crucial operations, so the business can get back up-and-running as quickly as possible.

5. Insurance coverage issues

While insurance claims settlement levels from Katrina were high, it’s imperative to know what’s protected ahead of time. Many insureds were surprised to find out they were not covered for storm surge losses, the main coverage issue resulting from the storm. Whether damage was caused by wind or water became a key focus of post-Katrina litigation.

6.  Unexpected impact of demand surge

Demand surge is a post-catastrophe complication which can have not only catastrophe-related consequences in terms of rising prices due to a shortage of available goods, but other loss consequences as well. For example, a shortage of American-made drywall because of the demands of rebuilding led to a significant increase in imports of defective drywall manufactured in China. This resulted in a number of environmental issues and eventual litigation, particularly in the storm-affected states of Florida and Louisiana.

Allianz concluded that businesses need to start early to prepare for the worst-case scenario. “Businesses need to be sure to have tested business continuity plans and especially communications cascades in place and have insurance policies at a safe location,” advised Andreas Shell, Head of short-tail claims at AGCS. “Creating a separate booking account to which businesses can record hurricane-related damages to easily identify the loss incurred can also help.”

Terry Campbell, regional claims head, Americas at AGCS noted that every company should take these steps to ensure the claims settlement process runs as smoothly as possible after a windstorm event: “Follow the protocol outlined in the catastrophe response plan. If there isn’t one in place, one should be immediately developed for that event. Ensure there is adequate staff to respond and that there is ongoing communication to include scheduled meetings to discuss progress as well as issues, problems etc. These can be done as frequently as necessary,” he said.

Risk Link Roundup

Here are a few articles that caught my attention this week, highlighting some relevant issues impacting the world of risk and insurance. They include a look behind the recent toxic chemical spill into the Animas River in Colorado, how Bumble Bee’s outdated ovens caused a workers death, the DOJ’s expectations with compliance programs and the U.S. government’s appeal of the ruling on the AIG bailout.

What the Gold Mine Disaster Tells Us

The New York Times: The General Mining Law of 1872 is among the last surviving statutes of the boisterous era of westward expansion. Signed by Ulysses S. Grant, it establishes the basic rules for mining hard-rock minerals like gold, copper and uranium on public lands.

Bumble Bee Foods to Pay $6 million in Death of Worker in Pressure Cooker

Los Angeles Times: On one of his early morning shifts, Jose Melena stepped into a 35-foot-long cylinder-shaped oven at the Bumble Bee Foods plant in Santa Fe Springs. The 62-year-old father of six needed to make a quick repair inside the massive industrial pressure cooker, which is used to sterilize thousands of cans of tuna at a time.

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What the DOJ Expects of ‘Effective’ Compliance Programs

National Law Review: If you have been keeping up with current U.S. Department of Justice (DOJ) antitrust investigations, you have no doubt noticed the hefty criminal fines that have been paid by violators of U.S. antitrust laws. In recent years, the United States government has literally collected billions of dollars in criminal fines.

U.S. Government Appeals Judge’s Ruling Over 2008 AIG Bailout

Reuters: The United States filed an appeal on Wednesday against a U.S. judge’s ruling in June that sided with former American International Group chief executive Maurice “Hank” Greenberg on a legal claim over the company’s 2008 bailout.