Risk Insurance

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Risk insurance plays a critical role in Enterprise Risk Management (ERM) by providing a structured mechanism for transferring certain risks that could otherwise have a significant financial impact on an organization. Within the framework of ERM, organizations seek to identify, assess, and mitigate risks across various categories, such as operational, financial, strategic, and compliance risks. Risk insurance offers a vital tool for managing these uncertainties by transferring the financial burden of specific risks to an insurance provider. This allows organizations to safeguard their financial stability and focus on their core operations even when unexpected events occur. One of the primary advantages of using risk insurance in ERM is its ability to protect against catastrophic losses. Events such as natural disasters, cyberattacks, or liability claims can lead to substantial financial losses and disrupt business continuity. By purchasing insurance coverage, organizations can ensure that these risks are managed without exhausting internal resources. This transfer of risk helps to mitigate the potential impact on cash flow, profitability, and long-term sustainability. Additionally, insurance policies provide organizations with predictability in managing risks, as they pay a fixed premium in exchange for coverage, helping to stabilize their financial planning. In practice, organizations integrate risk insurance into their overall risk transfer strategy by assessing which risks are best mitigated through insurance versus other methods, such as risk avoidance or retention. For example, a manufacturing company might insure its physical assets against fire and theft, while a technology firm may prioritize cyber liability insurance to protect against data breaches. Through this approach, insurance becomes a key component in balancing the organization’s risk portfolio, allowing it to focus on higher-return activities while protecting against low-probability but high-impact events. Moreover, the use of insurance aligns with an organization’s broader risk culture and governance. Insurance not only provides financial compensation but also often includes access to expertise, such as risk assessments and loss prevention advice from insurers. This can enhance the organization’s overall risk management capabilities. In sectors where regulatory requirements mandate certain types of insurance, such as workers’ compensation or liability insurance, compliance with these requirements also reinforces the organization’s commitment to responsible risk management. In summary, risk insurance is a vital tool within ERM, enabling organizations to transfer specific risks to an insurer and thereby reduce their potential financial exposure. It supports financial resilience, enhances strategic risk management, and allows organizations to focus on growth and operational excellence without being derailed by unforeseen events.

History of Risk Insurance

The integration of insurance into Enterprise Risk Management (ERM) is rooted in the long history of insurance as a tool for managing uncertainty. Insurance, in its earliest form, dates back thousands of years to ancient civilizations that sought ways to protect against financial loss from unforeseen events. Over time, as business practices and risk management evolved, insurance became a foundational element of modern risk strategies, eventually finding its place within the broader framework of ERM. The origins of insurance can be traced to ancient Mesopotamia, where merchants used contracts to spread the risk of their cargo being lost during transport. Similarly, maritime trade in ancient Greece and Rome saw the emergence of rudimentary insurance mechanisms to protect against shipwrecks and piracy. These early practices laid the groundwork for the development of formal insurance markets in the Middle Ages, particularly in marine insurance, as global trade expanded. By the 17th century, the insurance industry began to formalize with the establishment of the first modern insurance companies. For instance, Lloyd’s of London, founded in the late 1600s, became a key player in insuring maritime ventures. The Industrial Revolution of the 18th and 19th centuries further accelerated the growth of insurance as businesses sought to protect themselves against risks associated with industrialization, including fire, machinery breakdowns, and worker injuries. The concept of risk management as a distinct discipline emerged in the mid-20th century. Initially, it focused on identifying and mitigating operational risks, primarily through insurance. Organizations relied heavily on insurance to protect against losses related to property damage, liability claims, and business interruptions. However, as risk management matured, it became evident that insurance alone could not address all types of risks, particularly those that were strategic or financial. This realization gave rise to ERM in the late 20th and early 21st centuries. ERM represents a holistic approach to managing risks across an organization, considering a wide range of threats and opportunities. Within this framework, insurance continues to play a crucial role as a risk transfer tool, but its use is now more strategic. Rather than relying solely on insurance, organizations under ERM evaluate the cost-effectiveness of transferring certain risks versus retaining or mitigating them through other means. Today, insurance is an integral part of ERM, offering a safety net for risks that are difficult to predict or mitigate entirely. It complements other risk management strategies by providing financial protection and stability, enabling organizations to pursue their objectives with greater confidence. The evolution of insurance within ERM underscores its enduring importance as a mechanism for managing uncertainty in an increasingly complex risk environment.

Importance of insurance

Risk transfer is a key way to manage hazard risks, often achieved through insurance, which is also known as risk financing. Insurance works by having the insurance company agree to pay a specific amount if certain events occur. There are two main types of insurance contracts. First-party insurance covers the insured’s losses, such as property damage. Third-party insurance compensates others who suffer losses or injuries caused by the insured, such as motor third-party or general liability insurance. Insurance contracts are based on utmost good faith, meaning the insured must provide all relevant information. Failure to do so can lead to the insurer cancelling the policy or refusing to pay claims. Insurance offers several benefits. It provides financial compensation for unexpected losses, reduces uncertainty, and can be cost-effective if the loss exceeds the premiums paid. Additionally, insurers often provide specialized services like loss prevention advice. However, there are downsides, including delays in claim payments, disputes over coverage, and challenges in determining adequate coverage limits, which can lead to underinsurance. Organizations can also explore alternatives to traditional insurance for transferring risk. These options include contractual risk transfer, captive insurance companies, mutual insurance pools, financial derivatives, and other alternative risk financing methods. Companies may also retain some financial risk by opting for large deductibles, self-insurance, or creating captive insurance. Insurance primarily addresses risks with low likelihood but high impact, such as catastrophic losses or legal liabilities. Beyond covering physical damage, it can also help with disaster recovery, business continuity, and increased operational costs after a loss.

Different types of insurance are

  • Mandatory, legal and contractual obligations
    • Employers’ liability – compensation to employees injured at work
    • Public liability – compensation to the public or customers
    • Motor third party – compensation following a motor accident
    • Product liability – compensation for damage or injury
    • Professional indemnity – compensation to the client for negligent advice
  • Balance sheet/profit and loss protection
    • Business premises – damage to premises by adverse events
    • Business interruption – loss of profit and increased cost of working
    • Asset protection – losses, such as loss of cash, goods in transit, credit risk and fidelity guarantee (staff dishonesty)
    • Motor accidental damage – repair of own vehicles
    • Terrorism – compensation for damage caused by terrorism
    • Loss of a key person – compensation for the loss of a key staff member
  • Employee benefit/protection of employee assets
    • Life and health – benefits to employees that can include: life cover, critical illness cover, income protection, private medical costs, permanent health cover, personal accident and travel injury/losses
    • Directors’ and officers’ liability – legal and compensation costs

In most cases, buying insurance is optional. However, many countries require insurance in specific situations, usually for liability. This includes insurance to compensate injured employees and cover damages in road accidents. Beyond these mandatory types, organizations can choose whether to buy insurance based on their risk assessment and whether the risks are manageable. They also consider the cost (premiums) and how much the insurance will cover.

Insurance is often purchased for risks that are unlikely to happen but could cause significant damage, like floods, hurricanes, or major fires. For example, a publishing company knows it must buy employers’ liability insurance and motor third-party insurance to meet legal requirements. Additionally, magazine wholesalers require the company to have libel and slander insurance. To protect its finances, the publisher also buys property damage and business interruption insurance, as well as credit risk and goods in transit insurance. The company might also offer staff benefits like life insurance, critical illness coverage, private medical insurance, and personal accident and travel insurance. To protect its directors, the company purchases directors’ and officers’ liability (D&O) insurance. By reviewing its needs with insurance brokers, the company ensures its insurance program covers only what is necessary, suitable, and cost-effective.

There are many types of insurance available, and the specific needs of an organization will help determine what coverage to buy. However, sometimes insurance isn’t easily accessible or is too expensive, even if the organization wants it. Recently, more organizations have started looking at all the risks they face through an enterprise risk management (ERM) approach. This involves carefully deciding how much insurance is actually necessary.

For example, if a project has significant risks but insurance only covers some of them, buying that limited coverage may not make sense. As a result, some organizations now rely less on insurance to manage risks. Insurance costs also change over time, depending on the market cycle. During a “soft market” (when premiums are low), organizations tend to buy more insurance because it’s more affordable. In a “hard market” (when premiums are high), they often buy less insurance and may use a captive insurance company instead. These cycles usually last between 6 and 10 years.

Features of the business insurance requirement includes

  1. Business has employees –  Employers’ liability
  2. Employees travel outside the country – Business travel
  3. Members of the public could be affected – Public liability
  4. Business supplies products or components – Product liability/recall
  5. Business provides professional advice – Professional indemnity
  6. Theft or dishonesty by employees could occur – Fidelity guarantee
  7. Business occupies business premises – Premises insurance
  8. Premises has machinery or other stock – Contents cover
  9. Business depends on machinery or computers – Engineering insurance
  10. Business could be disrupted by fire, flood etc – Business interruption
  11. Business is involved in transporting goods – Goods in transit
  12. Business provides life benefits to employees – Life and health
  13. Certain staff are key to operation of business – Key person
  14. Business would suffer in event of a bad debt – Trade credit
  15. Business has directors and/or officers (D&O) – D&O liability

When deciding on insurance, organizations should consider the 6 Cs of insurance buying:

  1. Cost: This includes the insurance premium and any amount the organization has to pay out-of-pocket for a claim (like a deductible or excess).
  2. Coverage: Insurance policies often have limits, exclusions, and conditions. Organizations must check these carefully to ensure the policy covers their risks adequately.
  3. Capacity: For large companies with valuable assets, a single insurer might not cover the full amount. They need to assess how much coverage the insurer is willing to provide.
  4. Capabilities: Some insurers offer extra services, like risk management support or business continuity planning. These can influence the choice of insurer.
  5. Claims: The main purpose of insurance is to ensure claims are paid when an insured event occurs. The insurer’s track record in handling and paying claims is crucial.
  6. Compliance: Organizations need to comply with legal and tax rules, such as insurance premium taxes, which vary by country or region. Policies also need to be valid in every country where the company operates.

Other Important Considerations:

  • Financial Stability: It’s important to choose an insurer with strong financial health. Insurers collect premiums upfront but may pay claims much later, so their financial stability and credit rating matter.
  • Claims Handling: Filing claims can be complex, especially for business interruption losses, which are harder to calculate than property damage. Well-prepared business continuity plans can reduce disruptions and the size of claims.
  • Contract Certainty: Policies should be finalized and issued before the coverage period starts to avoid disputes.

Some countries only accept insurance from approved (admitted) insurers, which can limit the use of captive insurance companies. Organizations must ensure their policies meet local regulations wherever they operate.

Captive insurance companies

A captive insurance company is a type of insurer created and wholly owned by a business or a group of businesses to provide coverage specifically tailored to their needs. Unlike traditional insurers, a captive primarily serves its parent company, offering more control over insurance policies, premiums, and claims management. This structure allows the parent company to address unique or specialized risks that may not be adequately covered by the commercial insurance market. One of the primary benefits of captive insurance is cost efficiency. By eliminating the profit margins and administrative costs of third-party insurers, captives can reduce the overall cost of insurance. Additionally, captives provide the flexibility to design custom policies, ensuring that the parent company’s specific risks are adequately covered. Over time, if claims are lower than expected, the captive retains the surplus funds, potentially boosting the company’s financial performance. Captives also grant access to the reinsurance market, where insurance is sold to insurers at lower rates. This allows companies to secure coverage for large or catastrophic risks more cost-effectively. Financially, captives can offer tax advantages in certain jurisdictions, further reducing costs. However, setting up a captive involves significant upfront expenses and ongoing management, including regulatory compliance and reporting. These insurance entities are often established in jurisdictions with favorable regulatory and tax environments, such as Bermuda, the Cayman Islands, or Vermont. Captives may insure a wide range of risks, including property damage, liability, business interruption, and cybersecurity. For large companies with complex risk profiles, captives provide a strategic tool for risk management and financial stability, helping them better control their exposure and insurance-related costs. A captive insurance company is an insurance provider owned by a business that doesn’t normally operate in the insurance industry. Its main purpose is to offer insurance coverage to its parent company by using the company’s own financial resources to cover expected losses or claims. The business that owns the captive is called the parent organization. Captive insurance companies are usually set up in locations with favorable regulations and tax benefits, such as Guernsey, Bermuda, or Ireland. These companies can sometimes provide insurance directly in other countries, but this might involve regulatory challenges with non-admitted policies. More commonly, captives work as re-insurers. This means they back up a traditional insurance company, known as the fronting insurer, which handles claims for the parent company. The fronting insurer pays the claims initially and then gets reimbursed by the captive for the part of the loss that falls under the captive’s coverage. The organization that owns the captive usually agrees to pay a portion of any loss (called a deductible or excess). The captive then covers the next layer of loss up to a specified limit, both for individual claims and for total claims during a policy year. If a loss exceeds the captive’s limit, the fronting insurer covers the rest. For legally required insurance, like workers’ compensation, the fronting insurer is responsible for paying the full claim and later recovers the covered amount from the captive. This setup poses a credit risk for the fronting insurer because it relies on the captive to reimburse it. To manage this risk, the fronting insurer may delay its payment to the claimant until it receives the necessary funds from the captive.

Some captive insurance companies not only provide coverage for their parent organization but also offer insurance to third parties. For instance, retailers of electrical goods might use a captive to offer extended warranty insurance. Similarly, travel agents might set up a captive to provide travel cancellation insurance to their customers. In these cases, the customer buys a policy from a well-known insurer, but the captive funds the coverage by acting as a re-insurer for the fronting insurer. This arrangement allows the business, like the travel agent, to earn extra income and profit from the insurance offerings. Captive insurance companies have several advantages. They often lower overall insurance costs by setting lower premiums and can access reinsurance markets with better rates and higher risk capacity. Captives also encourage greater risk awareness and loss control since the parent company directly bears the cost of claims. Additionally, they can provide broader coverage than what is typically available in the commercial market, and in some cases, offer tax benefits, although these have become less significant in recent years. However, there are downsides. Captives take on claims that would otherwise be handled by commercial insurers, which increases financial risk for the parent company. The parent must also allocate capital to ensure the captive’s solvency. Any large claims paid by the captive ultimately affect the parent company’s balance sheet. Operating in foreign territories can bring compliance challenges, particularly when policies are issued on a non-admitted basis. Managing a captive also requires significant administrative effort and resources from the parent organization. Despite these challenges, many organizations find captives advantageous. Popular locations for establishing captives include Guernsey, Ireland, and Malta, which offer favorable regulatory environments.

Benefits of captive insurance companies: For many years, large companies have gained significant advantages from running their own captive insurance companies. These captives were often created to provide insurance when coverage was either unavailable or too expensive. Many of them were set up in offshore locations like Bermuda or the Cayman Islands, which offered favorable conditions. While the main benefit of captives is improved risk management, the tax advantages have also been a key factor. A well-structured and properly managed captive can offer several benefits, including tax deductions for premiums paid by the parent company, the ability to accumulate funds in a tax-friendly location, and favorable tax rates on distributions to the captive’s owners. Captives also protect assets from business and personal creditors, help reduce the parent company’s insurance costs, provide access to lower-cost reinsurance, and insure risks that would otherwise be difficult or impossible to cover.

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