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Prepare Now for Spring Thaw Flooding

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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.

Enterprise Risk Management Needed in Battle Against Corruption

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Even though the U.S. government has broadened its pursuit against corruption, only about 9% of organizations see Foreign Corrupt Practices Act monitoring as a top concern, according to “Bribery and Corruption: The Essential Guide to Managing the Risks” by ACL.

Many companies have policies against corruption, but it still exists. Although remaining competitive can be difficult in some parts of the world that see payments, gifts and consulting fees as part of doing business, companies need to identify these risks and manage them across the organization. There is much is at stake, as penalties are rising and more companies globally are being fined, the study found.

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According to ACL, if a formalized ERM process exists within an organization, then the anti-bribery and anti-corruption (ABAC) risk assessment process should ideally be carried out within that ERM framework. In some organizations, however, the overall risk management process is fragmented, meaning that the risks of bribery and corruption are considered in relative isolation. Whichever approach is taken within an organization, the process of defining the risks should involve individuals with sufficient knowledge of the regulations and ways the business actually works.

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“We encourage companies to maintain robust compliance programs, to voluntarily disclose and eradicate misconduct when it is detected, and to cooperate in the government’s investigation. But we will not wait for companies to act responsibly,” said Leslie Caldwell, assistant attorney general in the criminal division at the Department of Justice. “With cooperation or without it, the department will identify criminal activity at corporations and investigate the conduct ourselves, using all of our resources, employing every law enforcement tool, and considering all possible actions, including charges against both corporations and individuals.”

The study’s findings also include:

Insider Threats Missing from Most Cybersecurity Plans

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When it comes to damaging cyberattacks, a horror movie cliche may offer a valuable warning: the call is coming from inside the building.

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According to PwC’s 2014 U.S. State of Cybercrime Survey, almost a third of respondents said insider crimes are more costly or damaging than those committed by external adversaries, yet overall, only 49% have implemented a plan to deal with internal threats. Development of a formal insider risk-management strategy seems overdue, as 28% of survey respondents detected insider incidents in the past year.

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In the recent report “Managing Insider Threats,” PwC found the most common motives and impacts of insider cybercrimes are:

Insider Cybercrime Consequences

These threats can come from a variety of sources, from employees to trusted business partners who are given extensive access. Even after the costly lesson from the Target breach about the risk of contractors with system access, only 44% of respondents in PwC’s survey have a process for evaluating third parties before engaging in business operations with them, and just 31% include security provisions in contract negotiations.

To fortify against the risk, the firm recommends that organizations use a phased approach to build an insider threat management program over time.

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This should be formed with an eye to compliance with the National Institute of Standards and Technology (NIST) framework, which highlights the key functions: Identify, Protect, Detect, Respond, and Recover. To explain how and when to tackle these, the report explains:

building an insider threat program

Haulers of Crude Finding Coverage Scarce

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HOUSTON—The recent spike in oil and natural gas production has led trucking companies to grow so quickly that they sometimes scramble to find qualified drivers. This has meant tightening coverage with a limited number of carriers and a market in “disarray,” Anthony Dorn, a broker with Sloan Mason Insurance Services, said today at the IRMI Energy Risk and Insurance Conference.

“Carriers have taken a bath on construction risks,” he said. “Only nine carriers will write crude hauling.”

There is a huge need for risk management in trucking right now, he added. “A lot of these are fly-by-night companies. They are running with drivers that have no experience, they are getting violations from the DOT left and right for not having licenses and adequate brakes on their trucks and they are running on dirt roads that aren’t made for 100,000 pound units,” Dorn said. “It’s a very risky place for underwriters. If we don’t do something as agents and as risk managers there will be fewer carriers.”

The recent downturn in the oil and gas market has also been a game-changer for some companies. Dorn predicts a “cleaning of the crop” of truckers. Inexperienced companies with new drivers will “fall by the wayside. What we are going to be left with are companies that are well-run with proper safety procedures in their fleet.”

Once that happens, he believes more carriers will enter the market. “But as of now, in general the whole market is in disarray,” he said.

He noted that agencies such as the Department of Transportation have vehicle reports available online, which insurers now frequently access when considering whether to take on a trucking company as a risk. He suggested that companies looking for coverage also check these reports and work closely with their risk managers and safety directors to correct any problems, such as drivers without adequate experience.

“There is a huge opportunity out there right now for risk managers to approach these companies and tell them, ‘If you don’t have a risk manager to help with your losses, you are not going to be able to find insurance.’ Right off the bat, I’d say 50% [of trucking companies] are declined as soon as they walk in the door,” Dorn said. As a result, he has seen companies declined by every insurer and forced to form a new LLC or even shut down.

Loren Henry, also a broker with Sloan Mason, said that another thing they are seeing as oil prices drop is companies formed to haul salt water for hydraulic fracturing looking to other opportunities. “They start hauling agricultural products and paper products, whatever there is that is not oil and gas related,” he said. “That is typically not going to be covered under their auto policy.

” He advised fleet owners to be aware of this and communicate any changes to their broker to find out specifically what is covered.

“We have had some losses recently, where a company made a shift from what they were hauling because they had lost some saltwater accounts. They were hauling cattle and they had a loss and it wasn’t covered because it is not in the policy language,” Henry explained.

“I don’t know where all these water-haulers are going to go,” Dorn added. “You’re going to see massive fleets go on sale and you’ll get huge discounts on trucks. You are going to see some transitions.”

Dorn added that one of his clients is now hauling salt water with half of his trucks and cattle with the rest. He advised his client to form another LLC for the cattle-hauling if he expects to get insurance coverage, as insurers would cover one or the other, but not both.

Asked whether companies are hiring risk managers and if they are also listening to their advice, he said, “Yes, especially after they get their premium. When they go from $5,000 a unit to $12,000 a unit their ears perk up pretty quick. They are willing to do almost anything to get that pricing down. It’s sad because companies are actually being put out of business because their premiums are too high.”

He expects the next year to see a lot of changes. “A lot of companies will go by the wayside,” he said. “A lot of smaller companies will be gone—they will sell their trucks or be bought out by bigger fleets.”