2017 Power Broker

Energy, Renewable

Helping New Business in a Big Way

Susan Garrard, AIS, AINS
Senior Vice President
Beecher Carlson, Boston

Few brokers can say they were present at the creation of a new business.

“I formed a company about a year ago that acquires pre-construction solar projects and funds the construction and operations,” said the company’s managing partner. Since then, he said, “Susan has essentially served as our in-house insurance expert. She helped us purchase a very cost-effective policy. She led the review process by the independent insurance consultant required by our financing partners, and helped ensure that we didn’t purchase any unnecessary coverage. She’s helped us start thinking about corporate insurance that will be needed to protect our firm and other special requests such as the purchase of decommissioning bonds required for our projects.”

When Garrard is not helping to found whole new entities, she is supporting ongoing concerns in their efforts to launch new lines of business. In one case, that was literally new lines, as in a fiber-optic smart grid for one client.

“We had to battle both federal and state bureaucracies that had a lot of different concerns,” said the risk manager. “We were largely self-insured, and we were going to the market for the new venture.

“It was Susan who was not afraid to step in and tell our story. Her ability to think outside-the-box and communicate in a non-cookie-cutter way won the day for us,” the risk manager said.

Sweetening the Deal

Robert Logan
Vice President
Aon, Dallas

“Rob is new with us, so 2016 was his first full renewal cycle,” said one risk and finance manager. “With the backdrop of several years of material premium increases and some ‘know your customer’ issues with the primary insurer, Rob proactively clarified and resolved the issues and fostered a best-price negotiation for the current renewal.”

In changing the tone and the parameters of a longstanding relationship between carrier and insured, “Rob set the expectations for an improved casualty 2017 renewal price point upon achievement of improved claims performance.”


Coming back for a second helping, Logan also took in hand errors and omissions coverage for the same client. “He oversaw a study of the differences between the standard electric and gas utility offer from our mutual and the commercial markets. In the final hours of renewal, he secured for us an 11.9 percent reduction when the expectation from other peers was flat to 2 percent reduction.”

The vice president at another renewable energy client confirmed that Logan was instrumental in assisting the company in winning new business for itself. The client operated its own power plants, as well as some owned by other entities. The client already had what they felt was a competitive property program, and Logan suggested they could gain new operating contracts by offering property coverage as part of its proposals. The client was able to secure new business with the help of that sweetener to its bids.

Providing Room to Grow

Charles Long
Area Senior Vice President
Arthur J. Gallagher, Boston

While some energy sectors are struggling, a common challenge in renewables is managing rapid expansion. “We have grown significantly from about 300 employees four years ago to more than 850 today,” said the director of finance at one such company.

“As we expanded beyond our core business into solar it was obvious after the first year that our incumbent broker needed help. We sought an expert in the renewables market. When we found Charlie, he first created a very efficient program for us by consolidating some policies and putting others out to market to get the best pricing. Beyond that, he created a program within which it is easy for us to add new projects. That extends from builder’s risk to property, general liability and umbrella once projects are operational.”

The client credited Long with a diligent gap analysis that led to wider gains. “He reviewed our policy and found several holes in coverage for a solar project. In refining our policy, Charlie was able to get us the coverage we needed at no additional cost. He has also been creative in the use of new policies.” Some recent examples are a potential revenue guarantee on the production of solar power and advanced payment coverage for large projects.

Another client credited Long with “flawless execution” on the insurance that underpins the participation of their tax-credit equity investors. “It is a very complex structure. If we suffer a loss, we could have to pay back our tax credits. He had to tailor-make the policy with clear guarantees.”

Tackling Complexities With an Analytical Eye

Mark Nelson, AFSB, CPCU
Senior Vice President
AssuredPartners NL, Cincinnati

Bonding is a challenge for many small firms. There are always strict qualifications even to apply, along with specific limits and restrictions. The irony is that many programs demand more administrative capability than can be supported by the companies that the programs are supposed to be helping.

“Mark assisted our firm to structure our energy-savings contract so that the performance and payment bond was limited to the initial project and not the ongoing preventive maintenance,” said one company president.

“He also assisted in reviewing our contracts to help make sure our bond and insurance risks were properly mitigated and provided relevant comments. Further, he assisted in mitigating our owners’ indemnification based on our working capital and net worth.” Altogether, that was huge material help to a growing company with many irons in the fire.

“We are an $80 to 90 million company and I am banging up against my bonding limit,” the president of another client company said. “When we stretched, he went to the mat for us. He was very analytical in his approach, which makes him very different from other salespeople.”

The vice president of finance at another firm credited Nelson with being proactive in addressing the complexities of bonding.

“Mark organized a meeting this year with all our lawyers and accountants. They have all the information, but then what?  Mark doesn’t wait for us to call him. If he leaves his agency, I’m going with him wherever he goes.”

Enabling Startups to Succeed

Blake Parrish
Vice President
Marsh, Los Angeles

Startups and venture initiatives are common, but that does not mean that they are openly welcomed by the insurance market. Quite the contrary, investors and underwriters alike demand assurances.

“Insurance for a green development is a challenge,” said a principal of one investment firm. “We backed a small development with seven projects and no track record. Blake went to the market for us, and then went back after every few deals to canvass the market and see if we were getting the best coverage at the best price and terms. I don’t think anyone else would do that, retrace his steps like that.”

The principal also noted that in the middle of one project, the client had to switch general contractors, which is usually highly disruptive to the project and to the insurance program. “Blake took it in stride. We had lots of stress points, but insurance was not one of them.”

A different client had a highly technical scientific development project. More complex still, it was an international collaboration. “Blake demonstrated how Marsh would mitigate the wide range of issues that stem from our distinctive technical objectives and from the project’s global makeup of collaborators,” said the lead contract specialist on the project.

“He is insuring the importation of hundreds of technical components as they cross oceans, and then are driven up remote mountain roads. It takes a particularly savvy broker to learn not only how we will safely transport these components, but to also educate insurance carriers on these same details.”

Helping Green Energy Happen

Tim Pierce, ARM
Senior Vice President
Marsh, San Francisco

In the past few years, large utilities have started to embrace renewable energy. In their newfound enthusiasm to go green, traditional power generators and distributors have had to rely on their brokers to guide them through a very different insurance and risk management environment.

Tim Pierce earned his spurs this year in part working with one major utility and a large government entity on a photovoltaic project. The utility brought him in early as part of the feasibility study for the plan, which would be adjacent to and provide power for the government installation.


As a greenfield plan in green energy, it was something like three-dimensional chess, with engineering plans being reviewed for safety, security, insurability and risk management.

The director of insurance for the utility confirmed that the end result was a solid understanding of the exposure presented by the government site and the planned solar array. That in turn underpinned the assumed risk and design features and also confirmed that the insurability of the project would not present unacceptable financial risk or premium issues over the lifetime of the solar array.

Another important win for Pierce this year involved a client that had a routine renewal become highly complex unexpectedly. “Underwriters don’t like uncertainly,” the client said. Pierce was able to complete the renewal in a player-to-be-named-later fashion: Coverage was bound with wording to allow for adjustments as necessary by the carriers.


Monica Brecka
Managing Director, Southern Region Manager, Umbrella & Excess Casualty Practice
Aon, Lutherville, Md.

More from Risk & Insurance

More from Risk & Insurance

Employment Practices


Sexual harassment is a growing concern for corporate America. Risk managers can pave the way to top-down culture change.
By: | March 5, 2018 • 12 min read

The #MeToo and #TimesUp movements opened up Pandora’s Box, launching countless public scandals and accusations. The stories that continue to emerge paint an unflattering picture of corporate America and the culture of sexual harassment that has permeated it for decades.


“The clock has run out on sexual assault, harassment and inequality in the workplace. It’s time to do something about it,” reads the official tagline of Time’s Up, one of the most vocal groups demanding change.

The GoFundMe campaign that supports the Time’s Up Legal Defense Fund raised more than $16.7 million in less than a month, making it the most successful GoFundMe initiative on record.

Funds will be used to help victims of sexual harassment and assault bring legal action against harassers, as well as provide public relations consultation to manage any media attention such suits might attract.

The problem was never really a secret.

In surveys conducted since 1980 by the U.S. Merit Systems Protection Board, 40 percent of women and 15 percent of men consistently reported being sexually harassed at work.

In a sweeping meta-analysis of 25 years’ worth of research data, published in “Personnel Psychology,” an average of 25 percent of women reported experiencing sexual harassment at work. When respondents were given clear definitions of harassing behavior, that figure shot up to 60 percent.

The current climate is just now pushing awareness to the forefront. It was reported last November that law firms in the nation’s capital are seeing a spike in inquiries about sexual harassment cases.

Laura Coppola, regional head of commercial management liability in North America, Allianz Global Corporate & Specialty

In addition, the Equal Employment Opportunity Commission (EEOC) website is seeing visits to its harassment web page double.

There’s no question the costs to businesses can be staggering. Twenty-First Century Fox reportedly incurred $50 million in costs tied to the settlement of sexual harassment and discrimination allegations in its Fox News division, as well as a $90 million settlement of shareholder claims arising from sexual harassment scandals.

In June, the company disclosed in a regulatory filing that it had $224 million in costs during the fiscal year related to “management and employee transitions and restructuring” at business units, including the group that houses Fox News.

If time is indeed up, it won’t just impact Hollywood, Silicon Valley or Capitol Hill. It will impact every workplace, in every industry.

“It affects everybody,” said Marie-France Gelot, senior vice president and insurance & claims counsel for Lockton’s Northeast Claims Advisory Group.

“I think anybody in corporate America — at some point — has seen it or been aware of it or been around it.”

“This particular phenomenon is certainly at a much wider scope than we’ve seen in the last decade or so,” said Laura Coppola, regional head of commercial management liability in North America, Allianz Global Corporate & Specialty.

“This is going to touch many industries, many segments, and many people.”

Employers are beginning to wonder if their workplace could be next.

“I think if you’d been asking [insureds] a year ago, ‘Are you interested in hearing about sexual harassment prevention?’ I think the answer would have been, ‘No, we’re good, we’ve got it,’ ” said Bob Graham, vice president, HUB International Limited.

“But I think now everyone’s saying ‘Sure, yes, we’d like to hear something.’ ”

Leading the Conversation

As American workplaces come under increasing scrutiny, the time is ripe for a large-scale pivot in the way employers manage risks related to sexual harassment.

The co-chairs of the EEOC’s select task force on the study of harassment in the workplace expressed it aptly in 2016:

“With legal liability long ago established, with reputational harm from harassment well known, with an entire cottage industry of workplace compliance and training adopted and encouraged for 30 years, why does so much harassment persist and take place in so many of our workplaces? And, most important of all, what can be done to prevent it? After 30 years — is there something we’ve been missing?”

Experts in the management liability field unanimously told Risk & Insurance® these issues should be elevated to the board level and the C-suite.

“Just as cyber liability shifted rapidly from an IT discussion to a board level discussion, so too will the harassment and discrimination discussion go beyond HR and be elevated to the highest levels,” said Coppola. It will become a corporate-wide, enterprise-wide conversation.

“It’s going to take some time to get to that board level, but it’s going to have to happen,” said Paul King, national practice leader, management and professional services, USI Insurance Services.

“Risk management and HR cannot go down parallel paths, not understanding one another. Not anymore. There’s too much at stake.” — Paul King, national practice leader, management and professional services, USI Insurance Services

Risk managers, said Kelly Thoerig, U.S. employment practices liability coverage leader, Marsh, are well suited to lead this conversation, which means actively partnering with human resources, the legal department, the general counsel’s office and outside counsel.


“Just like the quarterback depends on the offensive line, on receivers, on the running backs, it’s not a one-man show,” said King. “This can’t be the risk manager operating in a vacuum; they have to be liaising with multiple parts of the organization.”

Added King, “Risk management and HR cannot go down parallel paths, not understanding one another. Not anymore. There’s too much at stake.”

Connecting with outside counsel can also be of great benefit to risk managers, said Coppola.

“[They can] provide a very independent objective view of what they see in the overall market and how their knowledge of the individual client’s best practices can be improved and enhanced to ensure that they are protecting employees and the organization.”

Brokers and carriers also may be able to offer insights and services. Unfortunately, that piece is often lost because risk management and HR are siloed.

“The [knowledge of the] services that come with the insurance policy end up with the policy — in a drawer in the risk manager’s office,” said Tom Hams, employment practice liability insurance leader, Aon.

“HR doesn’t know that they exist. Even if they’re just online blogs or something like that, they could be more meaningful to the HR department than they are to risk management.

“So it’s important to make sure that companies are aware they’ve got those tools and — more importantly — to share them internally.”

Expediting Cultural Change

The X factor that underpins every aspect of these efforts is culture, experts agreed.

“It’s not so much ‘does the company have best-in-class policies and procedures in place;’ I think many of them do. I think that a significant change needed is doing a full overhaul of corporate culture, and that’s no small feat,” said Gelot.

Paul King, national practice leader, management and professional services, USI Insurance Services

True culture change can only come from the top level. But that isn’t likely to happen unless everyone at the top understands what the scope of the exposure could be if it’s not addressed appropriately on the front end. And for that, money talks, said Thoerig, who will be presenting on the topic at RIMS 2018 in San Antonio.

“Nothing is more instructive than real tangible claims examples and settlement amounts. Arm yourself with … recent, relevant claims examples specific to the industry and the jurisdictions the company operates in.”

In addition, said King, HR and legal should be regularly feeding claims information to risk managers to share at quarterly meetings of the board and give specific updates around these issues.

Armed with that level of intelligence, top brass can set the goals that will drive all anti-harassment efforts, said experts, putting an emphasis on identifying and correcting behavior that could potentially expose a company to liability.

Better Training and Reporting 

The best anti-harassment programs are multilayered, said Hams, with each facet carefully tailored to suit the employee population, the industry and the organization’s goals. A clearly defined policy is essential, stating that harassment will not be tolerated and neither will retaliation against those who report it.

The policy should be clear that employees are expected to report harassment or unacceptable behavior. Hams said he’s seen companies go so far as to state employees who don’t speak up are in violation of the policy.

“At least it should give them pause to stop and think about what they might have seen before they click the button or sign the document,” he said.

Companies should consider how uncomfortable employees may be about speaking up. An open-door policy is a start.

But there should also be multiple reporting points throughout the organization, said Hams, and an anonymous hotline for those reluctant to bring the matter up with anyone in their chain of command, and a multilingual hotline as well.

An effective training plan will have multiple moving parts and should touch every level of the organization from the executive suite to managers and supervisors to the rank and file. Comprehensive training is especially critical for the managers and supervisors who might receive or investigate complaints.

Many large employers already have training programs that can be considered best-in-class. Small to midsized employers, however, may still be using the cookie-cutter compliance-centric training that has dominated the field for decades.

The goal of this training is to hit all the bases related to Title VII of the Civil Rights Act, ticking off a list of acts or speech that would be considered illegal and affirming the company will not tolerate illegal behavior.

Overwhelmingly though, this type of training misses the mark. Studies have shown that this one-size-fits-all training is ineffective, especially when it’s a rote check-the-box exercise. Employees get the message their employer doesn’t take the subject too seriously.

Worse, it can even aggravate tensions, creating more discriminatory behavior from men who avoid working with women just to eliminate the chance of being accused of anything.

One study even found that men were more likely to place blame on the victim of sexual abuse after they’d received that type of anti-harassment training.

Even at best, compliance-centric training will still fail, because it only addresses behaviors that violate the law. But there is a broad array of behavior that — while not quite illegal — shouldn’t be tolerated.

When this kind of activity is allowed to flourish unchecked, the environment becomes increasingly toxic for those on the receiving end. It also tells employees that the company will tolerate harassment as long as it’s not overly egregious. In that case, it’s just a matter of time before the company is faced with a serious claim.

“Nothing is more instructive than real tangible claims examples and settlement amounts. Arm yourself with … recent, relevant claims examples specific to the industry and the jurisdictions the company operates in.” — Kelly Thoerig, U.S. employment practices liability coverage leader, Marsh

In its 2016 report, the EEOC’s harassment task force recommended changing tactics, exploring alternative training models such as respect-based civility training — what some call professionalism training.


The theory is “if you train them to act in a professional manner, these things tend not to happen at all,” said Hams.

The EEOC also suggested bystander intervention training, which is designed to empower employees to intervene when they witness harassing behavior.

Experts agreed whatever training programs or modules a company chooses, it’s important the training material reflect the workforce and be continuous and regularly refreshed.

A certification scheme also should be put in place to ensure the training is hitting the mark. While the law does not yet require companies to prove the effectiveness of their programs, some suggest it’s only a matter of time before the courts catch up to the problem.

What’s more, said Coppola, it’s simply the right thing to do for companies that want to confirm they’ve created a culture where all employees can expect to be treated professionally.

Zero Tolerance

Gelot and others believe a zero-tolerance policy should be a key component of an effective anti-harassment program.

“There are many companies that have Harvey Weinsteins and Matt Lauers and Kevin Spaceys working in their midst and those people are tolerated. Employees know about them — it’s not a secret.”

Bob Graham, vice president, HUB International Limited

Particularly when the harasser is a high-level executive, companies may wrestle with the decision to look the other way or lose a key rainmaker. In a zero-tolerance environment — one that starts at the top — the decision would be clear.

“What we saw with Matt Lauer and Charlie Rose — they were terminated immediately as the accusations came out. That’s zero tolerance. That’s sending a message to all of the employees within the company that this is completely unacceptable, we won’t tolerate it, and [it] clearly sends a message to the public at large.”

Employers should promote a workplace culture where all forms of harassment and discrimination are unacceptable and reportable, said Gelot. That’s the only way to take the fear and the stigma out of reporting.

That said, the EEOC offers a word of caution on zero-tolerance policies applied militantly without regard for common sense. Employers should hash out the specifics of which acts merit immediate termination versus a warning.

Overzealous application of the zero-tolerance doctrine can backfire if an employee fears her coworker’s children will go hungry if she reports his lewd or sexist jokes.

Creating a Dialogue

As with managing any other exposure that touches everyone, robust sharing of ideas and best practices has the power to improve the risk profile of entire industry sectors.

Facebook raised eyebrows in December, making public its sexual harassment policy in full.

“I hope in sharing it we will start a discussion, both to help smaller companies thinking about this for the first time, and to improve our own practices by learning from other companies,” wrote Lori Goler, Facebook’s global VP of people, about the company’s bold move.


That level of disclosure is making some risk professionals uncomfortable. But others acknowledge the wisdom of it.

“Any time you can share best practices that’s probably a great idea, because no one has all the answers … or at least not all the right answers,” said Graham.

“There’s a reason they did that, and I think it’s for all the right, positive reasons. They want to drive the momentum that is going to reduce or even eliminate what we have seen in corporate America over the last 50-plus years. They want to lead by example, they want to be the model and rightly so,” added Coppola.

“I think we are at a perfect time in our economic environment that allows the evolution of equality in our workplace.”

Part of that should involve making the workplace more egalitarian, said Gelot, and figuring out “how to make female employees not feel ostracized by a ‘boys’ club’ atmosphere, and actively championing the ascension of women into senior rolls.”

“We can’t focus on the past,” said Coppola. “But we can work very hard collectively as a community, and within the insurance industry specifically, to move forward.” &

Michelle Kerr is associate editor of Risk & Insurance. She can be reached at [email protected]