2017 Power Broker

Nonprofit

Keeping Schools’ Missions at the Forefront

Brandon Cole, CPCU, CRM, CIC, ARM-P, RPLU, CISR, AINS
Area Vice President
Arthur J. Gallagher, Irvine, Calif.

School clients count on Brandon Cole to provide them the risk management education they need to perform their missions.

Oakland, Calif.-based Thrival World Academies, a new nonprofit, was designing a program to provide publicly subsidized education abroad to racially and socio-economically diverse students. “Since we were in our design phase, many aspects of our program shifted during this period, and Brandon supported us through all of these shifts,” said Executive Director Emma W. Hiza.

“He helped us to understand our insurance needs, to get quotes and ultimately bind all of the liability — domestic and foreign,” she said.  Cole also “has participated in meetings with the school district where we are working to help us discuss shared risk and negotiate with their insurance officials,” Hiza said.

“Without the insurance coverages that Brandon supported us in obtaining, we would not have been able to launch this fall.” she said. “His consistently quick response time has been critical to our success.”

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At the Brooklyn Prospect Charter School in Brooklyn, N.Y.,  Cole not only  provided guidance on travel insurance options when students studied abroad but also ensured that the institution managed the risk of taking students outside the country, said Hillary Prince, director of finance. “We’ve since had three international trips, and everyone came home safely, so that’s priceless,” she said.

Streamlining Coverage on a Budget

Jason Helfert
Vice President
The Horton Group, Orland Park, Ill.

Nonprofit organizations count on Jason Helfert for much more than placing insurance.

CSF Illinois, an agency that supports children and adults with disabilities, tapped Helfert for help completing a merger with another organization.

“As one would suspect, the merger process is complicated, especially in our industry,” said Chief Executive Officer Mary Pat Ambrosino. “We must deal with private business factors, state issues and family issues, sometimes concurrently. While our organization went through a complicated, lengthy process, Jason Helfert helped us navigate every insurance issue that needed to be addressed with ease.

“Knowing that our organization did not have to worry about a lapse in coverage put our minds at ease, smoothing the transition period,” Ambrosino said, “Further, our costs remained relatively the same, and Jason had no monetary incentive for consolidating two existing coverages into one.”

Another nonprofit faced climbing workers’ compensation claims and costs. Helfert aided the agency in establishing a board that meets regularly to review accidents and recommend changes in policies and procedures to prevent future accidents. The board consists of agency staff and experts from Horton and the agency’s insurer.

“In the last fiscal year, our costs were almost 20 percent lower than the previous year, when we did not have the review board,” an agency official said.

Finding an Insurance Structure That Works

Ken Porter, ARM
Principal
Porter & Curtis, Media, Pa.

Ken Porter’s church clients depend on his sophisticated approach to their insurance needs.

An independent consultant noted that a mutual client was not confident in the claims information a third-party administrator provided, largely because the client had a “less-than-centralized approach” in managing its various entities, including schools, churches and charities.

Porter worked with the client’s legal team to jettison the disjointed insurance arrangement and beef up its general insurance and misconduct insurance trust. “He arranged for excess insurance of varying amounts, depending on the exposures presented, and utilized an independent casualty actuary to set up appropriate funding for losses and expenses of the trust,” the consultant said.

“The trust structure should also help to keep the client’s other assets from being subject to attachment in the event of lawsuits. There should be savings in the future due to reinsurers potentially becoming involved because of the more formal trust structure.”

The client’s risk manager noted that the trust arrangement means the client no longer needs to purchase costly misconduct coverage and can direct the savings of several hundred thousand dollars to the trust. “We have been able to now conduct actuarial studies on the program as well as to have clearly defined financial accountings of each trust account” that is distinguishable from the general operations, the risk manager said.

Focusing on Cost Control

Bill Powell, ARM
Area Executive Vice President
Arthur J. Gallagher, Itasca, Ill.

Nonprofits count on Bill Powell to help rein in overhead costs.

A large social services agency with a stratospheric 140 percent workers’ compensation loss ratio faced skyrocketing insurance premiums. Powell took over the account and first ensured that the agency’s claims were reserved and handled properly. Then he initiated loss-projection studies and an experience modifier analysis.

Facing a nonrenewal from the incumbent carrier, Powell marketed the program to more than a dozen insurers, investigating first-dollar as well as self-insured options.

After the agency selected United Heartland as the insurer, Powell worked with the carrier to provide the agency enhanced loss control assistance. That included monthly safety meetings and disseminating regular safety and loss control flyers to employees. In 2016, when it faced budget problems because of its state’s own budget woes, the agency’s loss ratio plummeted to 25 percent, resulting in a 25 percent premium reduction.

“We were getting priced out of the traditional insurance market and were facing the possibility of being forced into a risk pool,” an agency official said. “Once we were able to partner with United Heartland, the impact to our risk management program and claims was almost immediate.”

Another client, a Midwestern university, realized a 2 percent reduction in overall premiums. That “was testament to Bill’s [marketing] strategy,” one school official said.

No Project Too Big or Deadline Too Tight

Chris Schwyter
Senior Vice President
Willis Towers Watson, Radnor, Pa.

Chris Schwyter handles issues large and small for clients.

As Villanova University began a $300 million expansion project, it faced risks related to its proximity to the community and a major roadway. Risk management also inherited professional liabilities for design architects and engineering work and other risks stipulated in the contract of the appointed general contractor. Plus, the local township also had collateral requirements for site improvements, said Director of Insurance and Risk Management Ashlie Docktor.

Schwyter’s team “secured protection for Villanova with project-specific coverage for professional liability and environmental liability,” Docktor said. He also assisted in negotiations with the contractor to set worksite safety protocols and transfer some risks back to the contractor or subcontractors. In addition, he placed site-improvement bonds to meet the township’s requirements, Docktor said.

“We increased our protection for the construction project for professional and environmental liabilities and saved considerable money in the switch from letter-of-credit collateral to the surety bond,” Docktor said, “More importantly, the solutions allowed Villanova to proceed on schedule without delay.”

Schwyter helped another university client update its enterprise risk management program by providing resources that helped risk management engage senior management, the client said.

Proactively Tackling Liability Risk

Derek Symer, CPCU
Principal
AHT Insurance, Leesburg, Va.

When a federal jury determined The Hotchkiss School in Connecticut must pay a $41.5 million damage award to a former student who contracted a debilitating tick-borne disease on a school trip to China,  the ruling caught the attention of The Alexandria Country Day School five states away in Alexandria, Va.

Alexandria’s business manager, Robert Powers, was concerned that the case might mean his private day school’s own liability coverage was insufficient. Powers immediately contacted his broker Derek Symer for a solution.

Symer negotiated a “sufficient coverage increase that did not substantially impact [the school’s] budget,” Powers said.  For the next fiscal year, Symer found “more robust coverage — at a cost reduction,” he said, providing much needed relief to a stressed budget.

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With all of their school clients, Symer and his team at AHT Insurance have made a priority of discussing duty of care — both in terms of buying insurance and running workshops on how to mitigate the risk.

Another client, the Maret School in Washington, D.C., wanted to help parents with student-busing assistance without shouldering additional liability.

“Derek’s guidance was quite helpful,” said Darwin Walker, Maret’s assistant head of finance and operations. “Derek’s solid advice enabled the parents and the school to find a workable solution” that relieved the parents of a huge logistical burden while avoiding additional school liability.

More from Risk & Insurance

More from Risk & Insurance

Cyber Liability

Fresh Worries for Boards of Directors

New cyber security regulations increase exposure for directors and officers at financial institutions.
By: | June 1, 2017 • 6 min read

Boards of directors could face a fresh wave of directors and officers (D&O) claims following the introduction of tough new cybersecurity rules for financial institutions by The New York State Department of Financial Services (DFS).

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Prompted by recent high profile cyber attacks on JPMorgan Chase, Sony, Target, and others, the state regulations are the first of their kind and went into effect on March 1.

The new rules require banks, insurers and other financial institutions to establish an enterprise-wide cybersecurity program and adopt a written policy that must be reviewed by the board and approved by a senior officer annually.

The regulation also requires the more than 3,000 financial services firms operating in the state to appoint a chief information security officer to oversee the program, to report possible breaches within 72 hours, and to ensure that third-party vendors meet the new standards.

Companies will have until September 1 to comply with most of the new requirements, and beginning February 15, 2018, they will have to submit an annual certification of compliance.

The responsibility for cybersecurity will now fall squarely on the board and senior management actively overseeing the entity’s overall program. Some experts fear that the D&O insurance market is far from prepared to absorb this risk.

“The new rules could raise compliance risks for financial institutions and, in turn, premiums and loss potential for D&O insurance underwriters,” warned Fitch Ratings in a statement. “If management and directors of financial institutions that experience future cyber incidents are subsequently found to be noncompliant with the New York regulations, then they will be more exposed to litigation that would be covered under professional liability policies.”

D&O Challenge

Judy Selby, managing director in BDO Consulting’s technology advisory services practice, said that while many directors and officers rely on a CISO to deal with cybersecurity, under the new rules the buck stops with the board.

“The common refrain I hear from directors and officers is ‘we have a great IT guy or CIO,’ and while it’s important to have them in place, as the board, they are ultimately responsible for cybersecurity oversight,” she said.

William Kelly, senior vice president, underwriting, Argo Pro

William Kelly, senior vice president, underwriting at Argo Pro, said that unknown cyber threats, untested policy language and developing case laws would all make it more difficult for the D&O market to respond accurately to any such new claims.

“Insurers will need to account for the increased exposures presented by these new regulations and charge appropriately for such added exposure,” he said.

Going forward, said Larry Hamilton, partner at Mayer Brown, D&O underwriters also need to scrutinize a company’s compliance with the regulations.

“To the extent that this risk was not adequately taken into account in the first place in the underwriting of in-force D&O policies, there could be unanticipated additional exposure for the D&O insurers,” he said.

Michelle Lopilato, Hub International’s director of cyber and technology solutions, added that some carriers may offer more coverage, while others may pull back.

“How the markets react will evolve as we see how involved the department becomes in investigating and fining financial institutions for noncompliance and its result on the balance sheet and dividends,” she said.

Christopher Keegan, senior managing director at Beecher Carlson, said that by setting a benchmark, the new rules would make it easier for claimants to make a case that the company had been negligent.

“If stock prices drop, then this makes it easier for class action lawyers to make their cases in D&O situations,” he said. “As a result, D&O carriers may see an uptick in cases against their insureds and an easier path for plaintiffs to show that the company did not meet its duty of care.”

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One area that regulators and plaintiffs might seize upon is the certification compliance requirement, according to Rob Yellen, executive vice president, D&O and fiduciary liability product leader, FINEX at Willis Towers Watson.

“A mere inaccuracy in a certification could result in criminal enforcement, in which case it would then become a boardroom issue,” he said.

A big grey area, however, said Shiraz Saeed, national practice leader for cyber risk at Starr Companies, is determining if a violation is a cyber or management liability issue in the first place.

“The complication arises when a company only has D&O coverage, but it doesn’t have a cyber policy and then they have to try and push all the claims down the D&O route, irrespective of their nature,” he said.

“Insurers, on their part, will need to account for the increased exposures presented by these new regulations and charge appropriately for such added exposure.” — William Kelly, senior vice president, underwriting, Argo Pro

Jim McCue, managing director at Aon’s financial services group, said many small and mid-size businesses may struggle to comply with the new rules in time.

“It’s going to be a steep learning curve and a lot of work in terms of preparedness and the implementation of a highly detailed cyber security program, risk assessment and response plan, all by September 2017,” he said.

The new regulation also has the potential to impact third parties including accounting, law, IT and even maintenance and repair firms who have access to a company’s information systems and personal data, said Keegan.

“That can include everyone from IT vendors to the people who maintain the building’s air conditioning,” he said.

New Models

Others have followed New York’s lead, with similar regulations being considered across federal, state and non-governmental regulators.

The National Association of Insurance Commissioners’ Cyber-security Taskforce has proposed an insurance data security model law that establishes exclusive standards for data security and investigation, and notification of a breach of data security for insurance providers.

Once enacted, each state would be free to adopt the new law, however, “our main concern is if regulators in different states start to adopt different standards from each other,” said Alex Hageli, director, personal lines policy at the Property Casualty Insurers Association of America.

“It would only serve to make compliance harder, increase the cost of burden on companies, and at the end of the day it doesn’t really help anybody.”

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Richard Morris, partner at law firm Herrick, Feinstein LLP, said companies need to review their current cybersecurity program with their chief technology officer or IT provider.

“Companies should assess whether their current technology budget is adequate and consider what investments will be required in 2017 to keep up with regulatory and market expectations,” he said. “They should also review and assess the adequacy of insurance policies with respect to coverages, deductibles and other limitations.”

Adam Hamm, former NAIC chair and MD of Protiviti’s risk and compliance practice, added: “With New York’s new cyber regulation, this is a sea change from where we were a couple of years ago and it’s soon going to become the new norm for regulating cyber security.” &

Alex Wright is a U.K.-based business journalist, who previously was deputy business editor at The Royal Gazette in Bermuda. You can reach him at [email protected]