PRESENTOR Patrick D. Kennedy, Vice President Kraus-Anderson Insurance

1. PRESENTOR Patrick D. Kennedy, Vice PresidentKraus-Anderson Insurance | pkennedy@kainsurance.com | O: 952.707.8236|http://www.linkedin.com/in/patrickdkennedy Presentation available at www.kainsurance.com

2. REDUCE YOUR COST OF RISKSTRATEGIES FOR SHORT & LONG TERM SAVINGS ON CORPORATE INSURANCE. • PROPERTY & CASUALTY - MARKET TREND. • INSURANCE - - A CORPORATE ASSET? • COST OF RISK VS. COST OF INSURANCE. • CONTRUCTION RISK MANAGEMENT - BEST PRACTICE SUGGESTIONS FOR 2012

3. PROPERTY & CASUALTY INDUSTRYCarnac the Magnificent says . . . . . - - Ratings company A.M. Best put the pre-tax tally from catastrophes through the first nine months of 2011 at $38.6 billion in the U.S. alone. That figure doesn't include still mounting losses from the record- breaking earthquake in Japan and massive flooding in Thailand. 12/06/2011; Dow Jones News Service • First Half 2011 US CAT Losses Already Exceed Losses from All of 2010. Even Modest Hurricane Losses Will Make 2011 Among the Most Expensive Ever for CATs • Insurance Information Institute • August, 2011

4. Number of Federal Disaster Declarations, 1953-2011* A new record set in 2011 with 86 declarations through Sept. 30. It is no wonder that FEMA is broke! The average number of declarations per year is 34 from 1953-2010, though that few haven’t been recorded since 1995. The Number of Federal Disaster Declarations Is Rising and Set a New Record in 2011 *Through October 31, 2011. Source: Federal Emergency Management Administration: http://www.fema.gov/news/disaster_totals_annual.fema ; Insurance Information Institute.

5. Top 12 Most Costly Disastersin U.S. History (Insured Losses, 2010 Dollars, $ Billions) Taken as a single event, the 2011 Spring tornado season would become the 5thcostliest event in US insurance history *Losses will actually be broken down into several “events” as determined by PCS. Sources: PCS; Insurance Information Institute inflation adjustments. eSlide – P6466 – The Financial Crisis and the Future of the P/C

6. PROPERTY & CASUALTY INDUSTRYCarnac the Magnificent says . . . . . - - Travelers Chief Executive Jay Fishman, “said his company had increased prices for business-insurance clients by 5.2% in October and 5.8% in November, the largest rates increase in several years.”12/06/2011; Dow Jones News Service - - S&P also called the workers comp industry’s track record of underwriting results “dismal,” with only three years of underwriting profits being earned during the past two decades. “Although many property/casualty insurers, especially those writing workers compensation, rely on investment incomes to offset underwriting losses, current historically low investment yields could also hinder such dependence going forward,” S&P said. 1/23/2012; Standard & Poor’s Corporation Report.

7. PROPERTY & CASUALTY INDUSTRYCarnac the Magnificent says . . . . . William R Berkley, CEO Berkley Companies . . . . “Two and a half years ago, I thought the cycle was going to change because I expected AIG not to get the degree of help from the government that it did. I was incorrect. The government, as we all know, effectively bailed out AIG, which delayed the inevitable.” “Berkley says the assistance allowed AIG to cut prices, and it ‘held the market in check,’ preventing widespread rate increases.” NU Online News Service, December 7th2011

8. PROPERTY & CASUALTY INDUSTRYCarnac . . . Please Translate! What does all of this mean to me? • Industry-wide Rate increases for first time in 7 years. • Building/Property Rates are leading the way. • Market trend will last 2 Years - minimum. • Standard Market buyers: revise your composite rate / unit cost pricing renewal expectations. • Standard Market buyers: conduct early pre-renewal meetings, discuss what renewal strategy changes should take place because of this market change.

9. PROPERTY & CASUALTY INDUSTRYCarnac . . . Please Translate! What does all of this mean to me? • Consider Risk Financing Alternatives - Higher Deductibles / Retentions. - Loss Sensitive Plans. - Self-Insurance. - Captives • ADDITIONAL STRATEGIES:- Negotiate to extend current policies at current rates in order to accomplish a Renewal Date change. - Consider changing your Anniversary Date to a less popular time (ie., 3/31, 6/30, 9/30). - Identify a Risk Control Action that you can specifically ‘monetize’ as a direct savings in your upcoming renewal.

10. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! Insurance Policies - - acquired and then put away. However, when Loss occurs, recovery of the ‘Insurance Asset’ immediately becomes all too real.FUNDEMENTALS OF INSURANCE AS AN ASSET • Document Retention Policy • Track / Retain “Additional Insured” Endorsements. Why? Because they are one of your Insurance Assets. • INSURANCE TEAM - Important to Work Together as Allies. • Communicate, Communicate, Communicate . . . . .

11. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! INSURANCE TEAMFocus on Insurance Program Fundamentals - Catastrophe Protection. - Loss Prevention. - Claims Management. - Benchmarking & Record Keeping. - Contract Compliance. - Bottom-line Price. and Communicate, Communicate, Communicate . . . .

12. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! TOTAL COST OF RISK CAN YOUR INSURANCE TEAM ANSWER THE FOLLOWIG RISK COST QUESTIONS? • What are our significant risk cost drivers? • What is our organization’s Annual Cost of Risk? • What direction is it headed?

13. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! TOTAL COST OF RISK What are significant risk cost drivers? Common categories are: • Retained (Uninsured) Losses • Transfer (Insurance) Costs • Administrative (Labor) Costs • Risk Control Costs

14. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! TOTAL COST OF RISK Driver #1) RETAINED (UNINSURED) LOSSES “Cost of accidental losses not reimbursed by insurance or other outside sources”. • ACTIVE RETENTION; such as Deductibles, Self-Insured Retentions or conscious noninsurance. • PASSIVE RETENTION; unplanned acceptance of losses because of failure to act, forgetting to act or failure to identify loss exposure.

15. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! TOTAL COST OF RISK Driver #2) TRANSFER COSTS • Insurance Premiums • Noninsurance Indemnity or outside sources to fund losses. • Loss Funding. • Agent/Broker Remuneration, if outside premiums. • Broker Fees for (a) safety services, (b) claims administration, (c) consulting/training

16. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! TOTAL COST OF RISK Driver #3) CLAIMS ADMINISTRATION EXPENSES Claim expenses for losses not included in the Insurance Premiums. • Third Party claims administrator . • Public Adjuster or Claim Consultant. • Salary burden of in-house claims administration.

17. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! TOTAL COST OF RISK Driver #4) RISK CONTROL COSTS “The costs associated with the prevention or reduction of accidental losses.” Money spent on Risk Control can greatly influence the ultimate cost of (a) Retained Losses, (b) Transfer Costs, and (c) Claims Administration.

18. INSURANCE IS AN ASSET, NOT A CERTIFICATE OF ACHIEVEMENT! TOTAL COST OF RISK CALCULATING THE COST OF RISK

19. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 Treat your Insurance / Risk Management Program as an Corporate Asset. Create a Risk Management TEAM. Have the TEAM Set Goals & Benchmark results. The TEAM should include Owner/Sr. Mgmt, Accounting, Safety, Legal and Insurance Personnel. Include your Agent/Broker or Consultant. If not able or willing, get a new one.

20. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 COST OF RISK IDENTIFY IT DOCUMENT IT BENCHMARK IT COMMUNICATE IT

21. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 CONTRACT ALERT: Fix Your Out-of-Date Insurance Requirements! Insurance Terms and Demands that use out dated language / terms / Forms. “Indemnification” Demand that does not match up with the ‘Additional Insured’ Demand; and Visa Versa . . . .

22. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 CONTRACT ALERT: Fix Your Out-of-Date Insurance Requirements! Stop treating “Certificates of Insurance” like Insurance Contracts - they are not! Changes to a Certificate do not change the Insurance Policy. Stop asking for out-of-date ACORD Certificate forms. Stop asking for ‘Notification’ by Insurers that is different and/or greater than provided for to the ‘Named Insured’. ‘Notification’; try asking for the same notification rights granted to the “first Named Insured”. Simply / Clear.

23. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 Build a ‘BEST PRACTICE’ WC System - Really! Most Contractors still employ a ‘reactive’ non-integrated WC Management System. A WC Best Practice System that is detailed, disciplined, reactive and accountable is a very realistic objective. Start with this: Ask your Team- What is our lowest possible Experience Modifier? Ok, now, how are we going to get there?

24. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 UPDATE YOUR HIRING PROCESS Now is the time after Economic slowdown. “Hire Slow & Fire Fast”. Most do the opposite. Subject to your CBA - Make Employment offers in writing and make them ‘Conditional’ upon: Physical Assessment (yes expensive but significant ROI). Drug Testing Background Check / MVR Review Update your Employment Application.

25. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 TECHNOLOGY E&O COVERAGE - CONSIDER IT Very Underestimated Risk. All Companies today have Internet & Technology-related exposures. Tech exposure rises as digital wireless networks create nearly limitless access to information. Liability associated with being breached by an outsider; Data Loss & Business Interruption. Liability associated with malicious code (viruses) transmitted to a third-party.

26. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 EMPLOYMENT PRACTICES LIABILITY (EPL)You don’t have this? You're kidding, right? Could this happen to you? Employee sues for wrongful termination, age and/or disability discrimination, sexual harassment, failure to promote, discipline, or hiring (or failure to hire) practices. Lawsuit brought by customers, vendors, and service providers because your employee harassed them{Optional third-party coverage}.

27. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 CONSIDER FLOOD INSURANCE During a 30Yr Mortgage, 10.5% chance of Fire damage; 26% of experiencing flood damage (3X greater chance). Eff 1/1/09 (post Katrina) new mandatory ISO End. with broader ‘water’ exclusionary language. Flood Coverage (including BI/EE) is available from private markets and NFIP. Ask about ISO Flood End. CP6510. Ask Broker to Flood Map and present Coverage Options for all Owned Property.

28. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 HARD MARKET COMING? Concerned about - Rising premiums? Reduced or more expense Specialty Coverages? Need to strengthen Loss Prevention Program but not sure you will see positive effect on your Cost of Risk? Budgeting your Cost of Risk on Projects that are 2 to 4 years to complete and collect? Explore Alternative Risk Financing Options; Now vs Later!

29. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 ARE YOU A CANDIDATE FOR A CAPTIVE PROGRAM? Ask Yourself & Your Team: Are there sufficient premiums to justify the Captive option? Are you prepared to assume more risk? Do you have accurately documented loss experience and do you believe in that history? [ Look to your Cost of Risk benchmarked data ]

30. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 WHAT ARE THE BENEFITS OF A CAPTIVE PROGRAM? Because ‘Funding’ is linked to your actual Loss Experience, the immediate savings can be significant. Joining a large financially sound Captive can provide more predictable short and long term pricing. Possible Tax burden relief . Investment Income on your ‘Funding’ and all Reserves. More direct connection between enhanced Loss Control & Prevention program and your actual costs. MORE CONTROL OVER YOUR ‘COST OF RISK’!

31. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 CRM for 2012 - REVIEW Treat Your Corp Risk Mgmt Program more like the Corporate Asset that it is. Cost of Risk; Figure it / Benchmark it / Communicate it. Update your Sub/Vendor Contracts; specifically update / coordinate your ‘Insurance’ & ‘Indemnity’ Sections.

32. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 CRM for 2012 - REVIEW WC Best Practice Program; if you're not sure what this is, then you don’t have it. Update Your Hiring Process today to realize some long-term ROI. Technology E&O Coverage; currently a very undervalued and underutilized Risk Transfer tool.

33. CONSTRUCTION RISK MANAGEMENTBEST PRACTICE SUGGESTIONS FOR 2012 CRM for 2012 - REVIEW EPL; a mature coverage that should be considered part of a standard Insurance Program. Flood Insurance; consider it on all owned Property. Hard Market Strategy; seriously consider an Alternative Risk Finance Option such as Large Deductible, Loss Sensitive or Captive Program.

34. CONSTRUCTION RISK MANAGEMENTSPECIFIC INSURANCE STRATIGIES AUTOMOBILE INSURANCE REVIEW ‘GARAGING TERRITORY’ OF ALL VEHICLES. IF YOUR FLEET CONSISTS OF 35 OR MORE PRIVIATE PASSENGER VEHICLES, CONSIDER SELF-INSURING THE COLLISION EXPOSURE. MAINTAIN COLLISION COVERAGE ON HIGHLY VALUED VEHICLES. REVIEW IDEA OF DROPPING (A) MEDICAL PAYMENTS, (B) PIP, (C) UNINSURED COVERAGES. WHY? THE MAJORITY OF PERSONS DRIVING OR RIDING IN A COMPANY VEHICLE HAVE MEDICAL / LOST WAGE COVERAGE UNDER WC AND/OR AN EMPLOYEE BENEFIT PROGRAM. DELETE VEHICLES THAT QAUALIFY AS “MOBILE EQUIPMENT” FROM YOUR AUTO POLICY SCHEDULE [WARNING; REVIEW & UNDERSTAND THE DEFINITION OF “MOBILE EQUIPMENT” IN YOUR CGL POLLICY].

35. CONSTRUCTION RISK MANAGEMENTSPECIFIC INSURANCE STRATIGIES LIABILITY INSURANCE AUDIT AND UNDERSTAND YOUR CLASSIFICATION CODES. MAKE SURE THE LOWEST-RATED CLASSIFICATION CODES THAT APPLY TO YOUR OPERATIONS ARE BEING USED – BY ALL BROKERS. TRUCK DRIVER PAYROLL; EXCLUDE FROM YOUR CGL OPERATIONAL PREMIUM BASIS. WHY? NEGLIGENCE ARISING OUT OF THE OPERATION OF A VEHICLE IS COVERED UNDER YOUR AUTOMOBILE POLICY. ‘OVERTIME’ SURCHARGES PAID TO EMPLOYEES – EXCLUDE IN PREMIUM COMPUTATION.

36. CONSTRUCTION RISK MANAGEMENTSPECIFIC INSURANCE STRATIGIES WORKERS COMPENSATION INSURANCE LOSS SENSITIVE PLANS; CONSIDER THEM. WHY? DEPENDING ON YOUR PREMIUM SIZE, YOUR ACTUAL LOSS HISTORY, AND IF YOU ACTUALLY BELIEVE IN YOUR OWN HISTORICAL DATA; A LARGE DEDUCTIBLE, RETROSPECTIVE OR SELF-INSURED PROGRAM CAN HELP COVERT YOUR WC PROGRAM INTO A PROFIT CENTER. CLASSIFICATIN CODES; CONDUCT YOUR OWN AUDIT. WHY? IN GENERAL, PROPER CLASS CODES IS A “BEST GUESS” UNDERTAKING. INTELLIGENT USE OF THE SCOPES MANAUL CAN WILL EFFECT THE COST OF YOUR CURRENT & PRIOR YEARS COVERAGE. PAYROLL LIMITATIONS; UNDERSTAND THEM. WH7Y? IN MOST STATES, THERE ARE LIMITATIONS ON OWNER/OFFICER PAYROLL - NO MATTER WHAT CLASSIFICATION YOU ARE IN.

37. CONSTRUCTION RISK MANAGEMENTSPECIFIC INSURANCE STRATIGIES WC EXPERIENCE RATING CALCULATE A ‘TEST’ MODIFIER WITH DATA YOU BELIEVE TO BE ACCURATE THEN COMPARE TO BUREAU ISSUED MODIFIER. OPEN CLAIMS; REVIEW & NEGOTIATE 7 MONTHS FROM YOUR RENEWAL DATE. LARGE LOSSES; VERIFY THAT THYE HAVE BEEN PROPERLY LIMITED. AUDIT RESULTS; VERIFY THAT CORRECT ‘FINAL’ AUDIT DATA IS BEING USED IN YOUR CALCULATION.

38. CONSTRUCTION RISK MANAGEMENTSPECIFIC INSURANCE STRATIGIES CONSTRUCTION RISK MANAGEMENT ACTION PLAN PROPERTY INSURANCE BLANKET LIMITS; DO WHAT YOU HAVE TO DO - BUT GET THEM. DEBRIS REMOVAL INCLUDING ‘POLLUTION CLEAN-UP COVERAGE; REVIEW / INCREASE IT. THIS CLAIM SCOPE HAS THE POTENTIAL TO COST MORE THAN REPAIR OR REPLACING THE DAMAGED PROPERTY. LAW & ORDINANCE COVERAGE; MISUNDERSTOOD AND UNDERVALUED. THE LACK OF THIS COVERAGE (OR ENOUGH LIMITS) IS A MAJOR REASON BUSINESS DO NOT REBUILD AFTER A SIGNIFICANT LOSS. BUSINESS INCOME & EXTRA EXPENSE COVERAGE; VERY MISUNDERSTOOD AND UNDERVALUED. FOCUS ON THE ‘EXTRA EXPENSE’ COVERAGE!

39. CONSTRUCTION RISK MANAGEMENTSPECIFIC INSURANCE STRATIGIES CLAIMS ADMINISTRATION LOSS DATA; MAINTAIN YOUR OWN RECORDS. LOSS RUNS ARE YOUR PROPERTY - - DEMAND THAT YOU AUTOMATICALLY RECEIVE PERIODIC REPORTS. HAVE PERIODIC CLAIMS MEETINGS DIRECTLY WITH KEY STAFF MEMBERS OF YOUR INSURER. PROPERTY / BUILDERS RISK CLAIMS; REQUEST ADVANCE PAYMENTS. LARGE PROPERTY LOSS THAT INCLUDES LOSS REVENUE AND/OR SIGNIFICANT EXTRA EXPENSES; CONSIDER HIRING A PUBLIC ADJUSTER. THE COST/BENEFIT RATIO CAN QUICKLY MAKE THIS AN EASY DECISION.

40. CONSTRUCTION RISK MANAGEMENTSPECIFIC INSURANCE STRATIGIES MISCELLANEOUS PREPARE FOR AND DEMAND EARLY DATE TO REVIEW HARD RENEWAL OFFERS. PREPARE AND MANAGE PRECISE SPECIFICATIONS.PRECISE SPECIFICATIONS INCLUDE SIMPLE BUT ACCURATE DESCRIPTION OF OPERATIONS, SUMMARY OF RISK(S), AND OUTLINE OF MINIMUM COVERAGE SCOPE. CONSOLIDATE EFFECTIVE / RENEWAL DATES. REVIEW ALL CONTRACTS CAREFULLY. CONTRACTUAL RISK TRANSFER IS APPROPRIATE AND COMMON IN CONSTRUCTION; BUT BEWARE OF UNUSUALLY BROAD HOLD HARMLESS AND INDEMNIFICATION AGREEMENTS.

41. ACKNOWLEDGEMENTS • INSURANCE INFORMATION INSTITUTE • Gregory L. Peters, Seaton, Peters & Revnew, P.A. • IRMI / Practical Risk Management • IRMI / Construction Risk Management • Mark Garbowski, Anderson Kill & Olick, P.C. • Aaron A. Dean, Fabyanske, Westra, Hart & Thomas, P.A. • Staff & Risk Management Team of Kraus-Anderson Insurance. • National Underwriter Property & Casualty News