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Canadian Institute of Actuaries. L’Institut canadien des actuaires. 2007 Annual Meeting ● Assemblée annuelle 2007 Vancouver. Over 65 years in Insurance and Risk Management Industry Strong business values Impeccable reputation with clients and insurance markets
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Canadian Institute of Actuaries L’Institut canadien des actuaires 2007 Annual Meeting ●Assemblée annuelle 2007 Vancouver
Over 65 years in Insurance and Risk Management Industry Strong business values Impeccable reputation with clients and insurance markets “Do what’s best for the client” Offering a full array of Insurance and Risk Management services Property Casualty Director’s and Officer’s Liability Professional Liability Engineering Risk Modeling Alternative Risk Financing Group Home & Auto Group Benefits 2007 Annual Meeting Assemblée annuelle 2007 Who is Morris & Mackenzie
Holistic approach to Risk Management Needs and goals analysis Traditional Insurance only one of the available options to transfer risk Alternative Risk Management solutions Proven track record with impressive client loyalty Dealing with over 100 selected and approved insurance markets Market Selection Committee Maintain business relations with insurance markets that meet high standards of commercial ethics and financial strength 2007 Annual Meeting Assemblée annuelle 2007 Who is Morris & Mackenzie
Risk Management with emphasis on Control, Transfer and Financing of Risk Claims settlement for Insurers and Clients (S.I.R) Implementation and analysis of databases for clients 2007 Annual Meeting Assemblée annuelle 2007 Who is Morris & Mackenzie
CIA’s 1st guiding principle “In carrying on its activities and programs, the Institute holds the duty of the profession to the public above the needs of the profession and its members” Dual role of Insurance Protect public interest Protect actuaries Insurance market position relative to Actuarial Professional Liability Difficult to obtain insurance High premiums Limited scope of coverage Questionable exclusions Inadequate limits of insurance Few insurers with in-depth knowledge of Actuarial activities 2007 Annual Meeting Assemblée annuelle 2007 CIA and Professional Liability Insurance: A Brief History
MSC forms Task Force to assess need of a Professional Liability Insurance Program Initial TF recommends to commission a broker to provide insurance on a mandatory/voluntary basis RFP sent to six (6) brokers Morris & Mackenzie appointed MSC forms PLIAC to develop the program with M&M M&M and PLIAC create presentation to insurers Coverage requirements and deliverables Underwriting criteria Characteristics of Actuaries Distributions strategies 2007 Annual Meeting Assemblée annuelle 2007 ProAct: A Brief History
Obstacles in developing the program Generally unfavorable insurance market position in regards to Actuarial Professional Liability Actuarial activities under heavy scrutiny Increasingly litigious environment Increasing damages sought/awarded New program – no predecessor Accurate claims information and loss data for Canadian Actuaries is unavailable M&M mandates law firm to prepare litigation and jurisprudence report Difficult to forecast level of CIA member participation 2007 Annual Meeting Assemblée annuelle 2007 ProAct: A Brief History
Mandate Protect Public Interest Protect Actuaries Develop sustainable Professional Liability Insurance Program Professional Liability Insurance accessible to all Broad terms and conditions of coverage tailored to Actuarial Activities Uniform policy wording Cost efficient and competitive program Flexible limit and deductible options 2007 Annual Meeting Assemblée annuelle 2007 ProAct: A Brief History
Proposals received from four (4) leading and reputable insurance markets AIG Aviva Axa Lloyd’s Analysis and comparison of each proposal and M&M recommendation submitted to PLIAC Lloyd’s proposal selected unanimously January 2007 official ProAct launch Step 1: Creation of Voluntary Professional Liability Insurance Program COMPLETED 2007 Annual Meeting Assemblée annuelle 2007 ProAct: A Brief History
Key components Claims made Retroactive date Deductible Defense costs and legal expenses Occurrence limit Aggregate limit Policy terms and scope of coverage Insuring agreements Territory 2007 Annual Meeting Assemblée annuelle 2007 Professional Liability Insurance
ProAct advantages Purchasing and negotiating power Product accessibility Competitive terms & conditions Credible statistics to enhance Risk Management Common causes of claims Preventative measures Sustainability Uninterrupted coverage Stability in terms of coverage Ongoing client contract requirements Enhanced credibility 2007 Annual Meeting Assemblée annuelle 2007 ProAct: The PL Solution
ProAct advantages Enhanced coverage Primary limits up to $5M Excess liability limits available Aggregate limit = two (2) occurrence limit (up to $5M) Accessible to all Areas of Practice Broad coverage for Actuarial Professional Activities Extended Reporting Period Options Defense costs for CIA CPC inquiry Worldwide coverage: claims brought in Canada / U.S. Coverage for TPA activities Retroactive date to match prior insurance Various deductible options 2007 Annual Meeting Assemblée annuelle 2007 ProAct: The PL Solution
ProAct advantages Safety blanket Policy standard Absence of questionable exclusions Claims management Continuous program review, evolution and enhancement CIA involvement Simple process Standard application Standard policy form Proposals typically available within 10 days of submission Insurance Binder issued upon receipt of coverage confirmation Policy issued shortly thereafter One point of contact: submission and service 2007 Annual Meeting Assemblée annuelle 2007 ProAct: The PL Solution
ProAct advantages Sound Risk Management and Insurance Program are essential to long-term success and protection Enables CIA members and firms to voluntarily contract insurance Increase credibility Increase client confidence Expand client base Create a level playing field among competitors Secure financial and operational stability Protect personal assets 1st step in enhancing Public Protection and advancing the Actuarial Profession 2007 Annual Meeting Assemblée annuelle 2007 ProAct: The PL Solution
Personal Liability of Actuaries Actuaries are personally exposed to professional liability lawsuits Financial burden of defense costs and damages (if awarded) Personal assets exposed Employers often have no legal obligation to defend employees Many situations where employers will not defend employees: Company no longer exists Bankruptcy Lack of adequate insurance coverage Loss Control Best Practices & Standards of Practice Professional Development Peer review Due diligence in choice of clients 2007 Annual Meeting Assemblée annuelle 2007 Risk Management Issues
Contracts Clearly defined scope of work performed Clearly defined scope of work not performed Limitation of Liability Hold Harmless & Indemnity clauses Dispute Resolution Process Jurisdiction Reliance on work of others Responsible to review work to determine possibility of errors Don’t try to be everything to everyone Focus on core competencies Client needs / expectations in line with you area of expertise 2007 Annual Meeting Assemblée annuelle 2007 Risk Management Issues
What constitutes a claim? Receipt of written or verbal demand for damages Becoming aware of an intention to make such a demand Becoming aware of fact, circumstances, or events which could reasonably be anticipated to give rise to such a demand What to do in case of a claim? Report the claim as soon as possible! Report to broker/insurer should contain: Copy of initial legal process (Declaration, Motion, etc.) Copy of demand letter and details surrounding receipt of the letter Circumstances, alleged damages, claimant names, etc. Do not discuss the claim with anyone Gather as much information / documentation as possible 2007 Annual Meeting Assemblée annuelle 2007 Claims & Litigation
Claim notification received Adjustor / legal counsel appointed Review claim Advise coverage provided by policy Evaluate claim / request for damages Work with Insured to: gather information and circumstances surrounding claim determine optimal claim resolution strategy Stages of legal proceeding Examination for Discovery Interlocutory Motions Pre-Trial Settlement Conference Mediation / Arbitration Trial 2007 Annual Meeting Assemblée annuelle 2007 Claims Process
Special attention devoted to: Mitigating impact of a claim on the client’s operations and business continuity Reputation Maintaining open lines of communication between all parties involved Coordinate claims process in a timely manner 2007 Annual Meeting Assemblée annuelle 2007 Claims Process
Long term commitment by all parties involved Membership response Higher participation = better insurance terms & conditions Feedback extremely valuable to program advancement Data monitoring and analysis Open communication Coverage modifications and enhancements as Profession and member needs evolve Added value for members Step 2: Basic personal liability coverage for all members 2007 Annual Meeting Assemblée annuelle 2007 Next Steps: Key Components of Program Success
2007 Annual Meeting Assemblée annuelle 2007 Questions?