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Insurance Solutions for 4 Critical Business Challenges

It's time to think differently about insurance.
By: | March 3, 2014 • 5 min read

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“Instead of thinking outside the box, get rid of the box.”
-Deepak Chopra

As globalization and technological innovation continue at a relentless pace, businesses are faced with new and unexpected risks. Companies need to manage these exposures as well as ensure regulatory compliance on a global scale. All the while, heightened competition demands constant innovation and improvement while maintaining financial flexibility and maximizing shareholder returns. It’s not easy.

Insurance is a vital tool that helps companies thrive in this difficult business world. And sophisticated practitioners of advanced risk management strategies understand that insurance can do much more than just cover traditional risks with a standard, annual policy.

At AIG, Global Risk Solutions (GRS) specializes in creating nontraditional solutions to unique risks and strives to be on the forefront of utilizing insurance in new ways. Whether it’s a Global Fronting Program that meets a company’s regulatory requirements for insurance, or a customized Alternative Solution that leverages innovative structures to insure complex or unusual risks, GRS utilizes a consultative approach to understand complicated challenges and structure programs tailored to the requirements.

The following case studies demonstrate how GRS designed insurance solutions to solve four pressing business problems.

1. State Lottery Worried “Lucky Numbers” Will Actually Hit

Some risks are truly unique. And while the risk may not have broad applicability, the approach used to address the challenge often provides insight into the ways that creative insurance solutions can apply to areas far afield from traditional insurable perils.

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Example: In state lotteries, certain numbers get played much more often than others. When those “lucky numbers” are drawn as winners, there is the potential for a higher-than-average number of winning tickets.

Insurance Solution: To protect itself against such an outcome, one state lottery group sought catastrophe-like insurance coverage for the amount of the lottery’s annual payout that exceeded a fixed percentage of its annual revenue. By utilizing data collected by the lottery over 20 years, GRS structured a program that protected the state lottery from the adverse cash outflow resulting from one of the popular number sets being drawn. The program’s five-year term assured stable pricing and guaranteed capacity.

2. Prove It

Many risk professionals solely view insurance as a means for transferring risk, which limits their thinking of how insurance can address a wide variety of challenging issues. “This limitation is particularly relevant when risk transfer is not the motivation for the insurance purchase,” said Scherzer. “For example, when the sole need for insurance is to provide evidence of insurance to meet a regulatory requirement, paying to transfer the risk to a third party may be an unnecessary expense.”

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“We can’t solve problems by using the same kind of thinking we used when we created them.”
– Albert Einstein

Example: A food-and-beverage company was comfortable retaining risk rather than transferring it to a third party but faced a requirement for locally admitted policies. The company needed insurance coverage for a number of different lines of business to protect against risks that included strikes, loss of key suppliers, cyber risk, event cancellation, property catastrophe, credit risk and more.

Insurance Solution: GRS designed a multiline fronted program with a substantial limit where AIG companies fronted the insurance policies for the different lines of insurance, and the risk was reinsured back to the company’s captive. This program enabled the company to satisfy the requirement for locally admitted policies, benefit from favorable loss experience and address different types of exposures, some of which were difficult to insure in the traditional insurance market.

3. Don’t Let Risks Hold up a Merger

Negotiating a company’s sale is always a complicated process, particularly in industries with long-tail risk exposures.

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Example: A transportation company with three divisions — auto, bus and taxi — was being sold. The buyer estimated the transportation company’s exposure to auto liability to be $10 million higher than the seller’s estimate. In order to avoid reducing the sale price, the seller pursued an insurance solution to address the buyer’s concern.

Insurance Solution: GRS designed a program providing retrospective excess auto liability coverage with $10 million limits funded by the seller. At the end of the seven-year policy term, any remaining money (plus interest) not paid out for claims, is returned to the seller. The structure enabled the seller to get his sale price and potentially benefit financially if the actual losses end up lower than the buyer expected.

4. Un-trap Your Cash

Businesses want to avoid posting collateral that will trap cash because a counterparty doesn’t truly understand the risk created by certain activities. In many cases, it’s better to replace a capital requirement with an insurance policy that will not reduce the company’s liquidity position. The value to the customer may not be in the reduction of costs, but in freeing up lines of credit and releasing working capital for other applications.

Example: For its employer’s liability risks, a manufacturing company’s captive insurer maintained collateral in the form of letters of credit. The parent company wanted to reduce the amount of collateral letters of credit provided by its captive to the insurance companies that front for it.

Insurance Solution: GRS structured a buyout of the captive’s underlying insurance policies, which eliminated the need for the company to post collateral to cover the risk.

The Takeaway

It’s time to think differently about risk and insurance. The examples above show that the world is changing and businesses need insurance solutions that are adaptable, creative and meaningful for companies to thrive in this interconnected, globalized world.

AIG’s GRS is more than a traditional insurance provider — it’s a problem-solver with a wide array of resources to address risk. Learn more about GRS here.

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This article was produced by the R&I Brand Studio, a unit of the advertising department of Risk & Insurance, in collaboration with AIG. The editorial staff of Risk & Insurance had no role in its preparation.




AIG is a leading international insurance organization serving customers in more than 100 countries.

More from Risk & Insurance

More from Risk & Insurance

Risk Focus: Workers' Comp

Do You Have Employees or Gig Workers?

The number of gig economy workers is growing in the U.S. But their classification as contractors leaves many without workers’ comp, unemployment protection or other benefits.
By: and | July 30, 2018 • 5 min read

A growing number of Americans earn their living in the gig economy without employer-provided benefits and protections such as workers’ compensation.

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With the proliferation of on-demand services powered by digital platforms, questions surrounding who does and does not actually work in the gig economy continue to vex stakeholders. Courts and legislators are being asked to decide what constitutes an employee and what constitutes an independent contractor, or gig worker.

The issues are how the worker is paid and who controls the work process, said Bobby Bollinger, a North Carolina attorney specializing in workers’ compensation law with a client roster in the trucking industry.

The common law test, he said, the same one the IRS uses, considers “whose tools and whose materials are used. Whether the employer is telling the worker how to do the job on a minute-to-minute basis. Whether the worker is paid by the hour or by the job. Whether he’s free to work for someone else.”

Legal challenges have occurred, starting with lawsuits against transportation network companies (TNCs) like Uber and Lyft. Several court cases in recent years have come down on the side of allowing such companies to continue classifying drivers as independent contractors.

Those decisions are significant for TNCs, because the gig model relies on the lower labor cost of independent contractors. Classification as an employee adds at least 30 percent to labor costs.

The issues lie with how a worker is paid and who controls the work process. — Bobby Bollinger, a North Carolina attorney

However, a March 2018 California Supreme Court ruling in a case involving delivery drivers for Dynamex went the other way. The Dynamex decision places heavy emphasis on whether the worker is performing a core function of the business.

Under the Dynamex court’s standard, an electrician called to fix a wiring problem at an Uber office would be considered a general contractor. But a driver providing rides to customers would be part of the company’s central mission and therefore an employee.

Despite the California ruling, a Philadelphia court a month later declined to follow suit, ruling that Uber’s limousine drivers are independent contractors, not employees. So a definitive answer remains elusive.

A Legislative Movement

Misclassification of workers as independent contractors introduces risks to both employers and workers, said Matt Zender, vice president, workers’ compensation product manager, AmTrust.

“My concern is for individuals who believe they’re covered under workers’ compensation, have an injury, try to file a claim and find they’re not covered.”

Misclassifying workers opens a “Pandora’s box” for employers, said Richard R. Meneghello, partner, Fisher Phillips.

Issues include tax liabilities, claims for minimum wage and overtime violations, workers’ comp benefits, civil labor law rights and wrongful termination suits.

The motive for companies seeking the contractor definition is clear: They don’t have to pay for benefits, said Meneghello. “But from a legal perspective, it’s not so easy to turn the workforce into contractors.”

“My concern is for individuals who believe they’re covered under workers’ compensation, have an injury, try to file a claim and find they’re not covered in the eyes of the state.” — Matt Zender, vice president, workers’ compensation product manager, AmTrust

It’s about to get easier, however. In 2016, Handy — which is being sued in five states for misclassification of workers — drafted a N.Y. bill to establish a program where gig-economy companies would pay 2.5 percent of workers’ income into individual health savings accounts, yet would classify them as independent contractors.

Unions and worker advocacy groups argue the program would rob workers of rights and protections. So Handy moved on to eight other states where it would be more likely to win.

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So far, the Handy bills have passed one house of the legislature in Georgia and Colorado; passed both houses in Iowa and Tennessee; and been signed into law in Kentucky, Utah and Indiana. A similar bill was also introduced in Alabama.

The bills’ language says all workers who find jobs through a website or mobile app are independent contractors, as long as the company running the digital platform does not control schedules, prohibit them from working elsewhere and meets other criteria. Two bills exclude transportation network companies such as Uber.

These laws could have far-reaching consequences. Traditional service companies will struggle to compete with start-ups paying minimal labor costs.

Opponents warn that the Handy bills are so broad that a service company need only launch an app for customers to contract services, and they’d be free to re-classify their employees as independent contractors — leaving workers without social security, health insurance or the protections of unemployment insurance or workers’ comp.

That could destabilize social safety nets as well as shrink available workers’ comp premiums.

A New Classification

Independent contractors need to buy their own insurance, including workers’ compensation. But many don’t, said Hart Brown, executive vice president, COO, Firestorm. They may not realize that in the case of an accident, their personal car and health insurance won’t engage, Brown said.

Matt Zender, vice president, workers’ compensation product manager, AmTrust

Workers’ compensation for gig workers can be hard to find. Some state-sponsored funds provide self-employed contractors’ coverage.  Policies can be expensive though in some high-risk occupations, such as roofing, said Bollinger.

The gig system, where a worker does several different jobs for several different companies, breaks down without portable benefits, said Brown. Portable benefits would follow workers from one workplace engagement to another.

What a portable benefits program would look like is unclear, he said, but some combination of employers, independent contractors and intermediaries (such as a digital platform business or staffing agency) would contribute to the program based on a percentage of each transaction.

There is movement toward portable benefits legislation. The Aspen Institute proposed portable benefits where companies contribute to workers’ benefits based on how much an employee works for them. Uber and SEI together proposed a portable benefits bill to the Washington State Legislature.

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Senator Mark Warner (D. VA) introduced the Portable Benefits for Independent Workers Pilot Program Act for the study of portable benefits, and Congresswoman Suzan DelBene (D. WA) introduced a House companion bill.

Meneghello is skeptical of portable benefits as a long-term solution. “They’re a good first step,” he said, “but they paper over the problem. We need a new category of workers.”

A portable benefits model would open opportunities for the growing Insurtech market. Brad Smith, CEO, Intuit, estimates the gig economy to be about 34 percent of the workforce in 2018, growing to 43 percent by 2020.

The insurance industry reinvented itself from a risk transfer mechanism to a risk management mechanism, Brown said, and now it’s reinventing itself again as risk educator to a new hybrid market. &

Susannah Levine writes about health care, education and technology. She can be reached at [email protected] Michelle Kerr is associate editor of Risk & Insurance. She can be reached at [email protected]