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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

Preventing Burst Water Pipes

Unrelenting frigid weather often means frozen water pipes – one of the biggest risks of property damage. In fact, a burst pipe can cause more than $5,000 in water damage, according to IBHS research.

Structures built on slab foundations, common in southern states, frequently have water pipes running through the attic, an especially vulnerable location. By contrast, in northern states, builders recognize freezing as a threat and usually do not place water pipes in unheated portions of a building or outside of insulated areas.

Freezing temperatures can be prevented with the installation of weather stripping and seals. This offers two major benefits: keeping severe winter weather out of a structure, and increasing energy efficiency by limiting drafts and reducing the amount of cold air entering.

These areas should be inspected for cold air leaks to determine where sealing is needed:

  • Windows and doors
  • Vents and fans
  • Plumbing
  • Air conditioners
  • Electrical and gas lines
  • Mail chutes

IBHS recommendations:

  • Provide a reliable back-up power source, such as a stand by generator, to ensure continuous power to the building.
  • Interior building temperature can be monitored by a central monitoring company to ensure prompt notification if the interior of the building reaches low temperatures during after hours, power outages or idle periods.
  • Recessed light fixtures in the ceiling below the open area that is directly under a roof, such as attic space, should be insulated to prevent the release of heat into the attic.
  • Check to see if there is any visible light from recessed light fixtures in the attic.
  • If there is, they are not adequately sealed or insulated. Sometimes, especially in low sloped roof buildings, the space above a suspended ceiling located below the roof may be heated and cooled like the occupied area below.
  • If that is the case, there is no need to insulate above the suspended ceiling or seal the ceiling’s penetrations.
  • Insulate all attic penetrations such as partition walls, vents, plumbing stacks, electric and mechanical chases, and access doors that are not properly sealed.
  • Ensure proper seals on all doors and windows. Depending on the building or room size, fan tests can be conducted to ensure room and pressurization tests.
  • Seal all wall cracks and penetrations including domestic and fire protection lines, electrical conduit, other utility service line, etc.
  • Sprinkler systems should be monitored by a constantly attended central station to provide early detection of a sprinkler pipe rupture due to freezing.
  • Insulation and/or heat trace tape with a reliable power source may be installed on various wet sprinkler system piping. This includes main lines coming up from underground passing through a wall as well as sprinkler branch lines.
  • UL-approved gas or electric unit heaters can be installed in unheated sprinkler control valve/fire pump rooms. If backup power is provided, the heaters should also be connected to this power source.
  • A monitored automatic excess flow switch can be placed on the main incoming domestic water line to provide early detection of a broken pipe or valve when the space is unoccupied.

 

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.”

Plastic Bags Voted Out in California

For years, plastic bag manufacturers have prevented passage of laws banning their product in California, but they appear to have lost the battle. On Aug. 29, the California State Senate passed a ban on single-use plastic grocery bags—passed the day before by the State Assembly—making them the first state in the nation to do so. The bill awaits Gov. Jerry Brown’s signature.

Sponsored by Senators Alex Padilla (D-Pacoima), Kevin de Leon (D-Los Angeles) and Ricardo Lara (D-Huntington Park/Long Beach), the bill would phase out single-use plastic bags in California grocery stores, convenience stores, liquor stores and pharmacies.

“Single-use plastic bags are not just a coastal issue,” Sen. Alex Padilla said in a statement. “They are found in our mountains, our deserts, our rivers, streams and lakes.  They are also in our parks and neighborhoods.  It is a statewide problem that deserves a statewide solution.”

He explained that, “The so called, ‘progressive bag alliance’ is funded by the plastics industry. These out-of-state special interests are out of touch with California and our values.

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 Californians care about the environment. In cities and counties throughout the state, Californians are speaking out loud and clear in support of the bag ban.” Currently, 124 cities and counties in California have a local ordinance in place, covering 35% of the population.

More than 14 billion single-use plastic bags are given out by retailers annually and, according to the U.S. Environmental Protection Agency, 88% of these bags are not recycled. According to CalRecycle, in California, only 3% are recycled.

Massachusetts and Washington are also considering a ban on single-use bags. Seven states, including Hawaii, New York, Pennsylvania, Vermont and Virginia, are weighing state-imposed fees for plastic shopping bags, the Press Enterprise reported. Washington, D.C. has charged a fee of 5-cents per bag since 2010.

According to Sen. Padilla, SB 270 will:

•     Prohibit grocery stores and pharmacies from making single-use plastic bags available, beginning July 1, 2015. If paper bags are offered to customers, they would have to include recycled content.

•      Prohibit convenience stores and liquor stores from making single-use plastic bags available, beginning July 1, 2015.

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•      Grandfather in existing local ordinances.

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•      Provide up to $2 million in competitive loans to businesses transitioning to manufacture of reusable bags.

Under the new law, stores may sell paper, durable reusable bags, and compostable bags with a minimum charge of 10 cents each. The 10 cent charge is to encourage consumers to bring their own reusable bags. The bill also seeks to protect and create green jobs by creating standards and incentives for plastic bag manufacturers to transition to making reusable bags, according to Californians Against Waste (CAW).