Column: Risk Management

Waiving Stupidity

By: | February 20, 2017 • 2 min read
Joanna Makomaski is a specialist in innovative enterprise risk management methods and implementation techniques. She can be reached at [email protected]

I happened to catch the movie “King Kong” on TV this week. Even though I knew the fictional plot, the fatal outcome for King Kong lingered in my mind. I think it was because I am tired of seeing beautiful majestic creatures captured, caged and turned into circus acts.

Then we the humans are surprised when they get angry and turn on us. One truth seems to hold true — it never ends well for the innocent animal.

Coincidentally, this week I read about “Humpback,” a 12-foot-long alligator caught on video from the Circle B Bar Reserve in Florida. He became an instant attraction on social media due to his absolute mammoth size and lumbering gait.

Reserve workers expressed concern about Humpback’s new celebrity status: “Humpback has lived his life out here, and we want him to live the remainder of his life out here. We don’t want to have to destroy him because somebody was doing something they should not have been doing.”

It should be widely understood as a social contract that if you are doing something you have been told not to do because it is dangerous, and you do it anyway and get hurt, no one is to blame for your hurt but you.

It was frustrating to read. It should be widely understood as a social contract that if you are doing something you have been told not to do because it is dangerous, and you do it anyway and get hurt, no one is to blame for your hurt but you.

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Compare it to, say, skydiving. Caveat: I have never tried it as the sheer thought of plummeting from a plane and having to rely on my wits to pull a rip cord scares me to my core. But if one day I do try it and I get hurt, I know no one is to blame but me.

Sadly, we risk managers all too often need to manage outrageous and ridiculous claims or lawsuits that involve persons not wanting to take accountability for their own irresponsible behaviors. I find this the hardest part of our job as risk managers.
I empathize with the Florida reserve. Now due to some individual’s insatiable thirst for an adrenaline-filled adventure, poor Humpback is in potential jeopardy and so is the reserve.

An animal reserve or refuge is typically run on charitable donations and not rich with funds. Now they may need to consider having visitors sign a waiver before visiting their premises. Fortunately, waivers are still mostly enforceable in Florida.

What is interesting about waivers is that it is a contract that tries to absolve, say, a reserve from fault or liability for injuries that result from their “ordinary” negligence as long as the reserve uses “ordinary” care for its visitor.

What is appropriate care in this situation? How can we save Humpback if he defends himself and creates a ruckus?

“Do not go anywhere near the mammoth alligator that is the size of a small car because he can kill you,” should say the future sign posted every 100 feet around the premises of the reserve. Is that “ordinary” enough? Is it a reasonable action that a prudent professional reserve would take under the circumstances? For Humpback’s sake, I sure hope so. &

More from Risk & Insurance

More from Risk & Insurance

2017 RIMS

Resilience in Face of Cyber

New cyber model platforms will help insurers better manage aggregation risk within their books of business.
By: | April 26, 2017 • 3 min read

As insurers become increasingly concerned about the aggregation of cyber risk exposures in their portfolios, new tools are being developed to help them better assess and manage those exposures.

One of those tools, a comprehensive cyber risk modeling application for the insurance and reinsurance markets, was announced on April 24 by AIR Worldwide.

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Last year at RIMS, AIR announced the release of the industry’s first open source deterministic cyber risk scenario, subsequently releasing a series of scenarios throughout the year, and offering the service to insurers on a consulting basis.

Its latest release, ARC– Analytics of Risk from Cyber — continues that work by offering the modeling platform for license to insurance clients for internal use rather than on a consulting basis. ARC is separate from AIR’s Touchstone platform, allowing for more flexibility in the rapidly changing cyber environment.

ARC allows insurers to get a better picture of their exposures across an entire book of business, with the help of a comprehensive industry exposure database that combines data from multiple public and commercial sources.

Scott Stransky, assistant vice president and principal scientist, AIR Worldwide

The recent attacks on Dyn and Amazon Web Services (AWS) provide perfect examples of how the ARC platform can be used to enhance the industry’s resilience, said Scott Stransky, assistant vice president and principal scientist for AIR Worldwide.

Stransky noted that insurers don’t necessarily have visibility into which of their insureds use Dyn, Amazon Web Services, Rackspace, or other common internet services providers.

In the Dyn and AWS events, there was little insured loss because the downtime fell largely just under policy waiting periods.

But,” said Stransky, “it got our clients thinking, well it happened for a few hours – could it happen for longer? And what does that do to us if it does? … This is really where our model can be very helpful.”

The purpose of having this model is to make the world more resilient … that’s really the goal.” Scott Stransky, assistant vice president and principal scientist, AIR Worldwide

AIR has run the Dyn incident through its model, with the parameters of a single day of downtime impacting the Fortune 1000. Then it did the same with the AWS event.

When we run Fortune 1000 for Dyn for one day, we get a half a billion dollars of loss,” said Stransky. “Taking it one step further – we’ve run the same exercise for AWS for one day, through the Fortune 1000 only, and the losses are about $3 billion.”

So once you expand it out to millions of businesses, the losses would be much higher,” he added.

The ARC platform allows insurers to assess cyber exposures including “silent cyber,” across the spectrum of business, be it D&O, E&O, general liability or property. There are 18 scenarios that can be modeled, with the capability to adjust variables broadly for a better handle on events of varying severity and scope.

Looking ahead, AIR is taking a closer look at what Stransky calls “silent silent cyber,” the complex indirect and difficult to assess or insure potential impacts of any given cyber event.

Stransky cites the 2014 hack of the National Weather Service website as an example. For several days after the hack, no satellite weather imagery was available to be fed into weather models.

Imagine there was a hurricane happening during the time there was no weather service imagery,” he said. “[So] the models wouldn’t have been as accurate; people wouldn’t have had as much advance warning; they wouldn’t have evacuated as quickly or boarded up their homes.”

It’s possible that the losses would be significantly higher in such a scenario, but there would be no way to quantify how much of it could be attributed to the cyber attack and how much was strictly the result of the hurricane itself.

It’s very, very indirect,” said Stransky, citing the recent hack of the Dallas tornado sirens as another example. Not only did the situation jam up the 911 system, potentially exacerbating any number of crisis events, but such a false alarm could lead to increased losses in the future.

The next time if there’s a real tornado, people make think, ‘Oh, its just some hack,’ ” he said. “So if there’s a real tornado, who knows what’s going to happen.”

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Modeling for “silent silent cyber” remains elusive. But platforms like ARC are a step in the right direction for ensuring the continued health and strength of the insurance industry in the face of the ever-changing specter of cyber exposure.

Because we have this model, insurers are now able to manage the risks better, to be more resilient against cyber attacks, to really understand their portfolios,” said Stransky. “So when it does happen, they’ll be able to respond, they’ll be able to pay out the claims properly, they’ll be prepared.

The purpose of having this model is to make the world more resilient … that’s really the goal.”

Additional stories from RIMS 2017:

Blockchain Pros and Cons

If barriers to implementation are brought down, blockchain offers potential for financial institutions.

Embrace the Internet of Things

Risk managers can use IoT for data analytics and other risk mitigation needs, but connected devices also offer a multitude of exposures.

Feeling Unprepared to Deal With Risks

Damage to brand and reputation ranked as the top risk concern of risk managers throughout the world.

Reviewing Medical Marijuana Claims

Liberty Mutual appears to be the first carrier to create a workflow process for evaluating medical marijuana expense reimbursement requests.

Cyber Threat Will Get More Difficult

Companies should focus on response, resiliency and recovery when it comes to cyber risks.

RIMS Conference Held in Birthplace of Insurance in US

Carriers continue their vital role of helping insureds mitigate risks and promote safety.

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