PROCUREMENT AND THE INSURANCE INDUSTRY WHAT YOU NEED TO KNOW NOVEMBER 2015

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1 PROCUREMENT AND THE INSURANCE INDUSTRY WHAT YOU NEED TO KNOW NOVEMBER 2015 National Practice Leader Public Entity Corporate Insurance Topics to be discussed: Corporate Insurance understanding the difference between obtaining quotations vs. brokerage services Construction Coverage Transit Coverage Fleets, buses, etc. Professional Liability Insurance - When to request it from your suppliers Property Valuations whose responsibility is it? Specialty Coverage i.e. IT, Fuel Suppliers, Cyber, All Related Third Party Suppliers Sole Sourcing vs. RFP which process will bring you the best result? MARSH 1 10:45 11:30 1

2 PUBLIC ENTITY INSURANCE 2 Public Entity Insurance Quotations vs. Broking Services Quotations allowing various insurance brokers to canvass the insurance marketplace and present their best terms. Broking Services Several brokers submit their proposed services, resources and deliverables. MARSH 3 10:45 11:30 2

3 Public Entity Insurance Quotations vs. Broker Services Directors and Officers Insurance Trustees Councillors Errors and Omissions Insurance Municipal Educational Healthcare Property Insurance Commercial General Liability- Including Abuse Crime Insurance Boiler and Machinery (Equipment Breakdown) Insurance Cyber Liability Automobile Garage Automobile Special Risk Policies: AD &D, Foreign Student Policies, Travel Policies, Kidnap and Ransom, Key Man Insurance, Community and Affiliated Groups MARSH 4 CONSTRUCTION INSURANCE 5 10:45 11:30 3

4 Construction Insurance Insurance contracts are generally handled by either: Principal arranged insurance. Contractor arranged insurance. Early consideration needs to be given as to which option is the most suitable. Today, major construction projects are generally insured by project specific insurance policies arranged or coordinated by the owner (Principal). These insurance programs are designed and developed to meet certain objectives which include: Broad coverage. Achievement of optimum premium/deductible options. Elimination of any gaps in cover between the ongoing Annual Insurance arranged and the Contract Works Insurance (particularly relevant at handover time). Ease of administration including claims handling. MARSH 6 Principal / Owner Controlled Construction Insurance This is the form of program used when the owners of the property (The Principal) undergoing construction or development takes the responsibility for arranging the appropriate insurances associated with the project. This can either be for a new stand-alone project or an extension to an existing structure. MARSH 7 10:45 11:30 4

5 Principal / Owner Controlled Construction Insurance Advantages Significant advantages to the Principal in controlling the insurance on any construction project: 1. The Principal dictates the extent and level of the cover to be arranged. 2. A Principal controlled insurance program avoids the need to check all the different policies provided by Contractors and Sub-Contractors. MARSH 8 Principal / Owner Controlled Construction Insurance Advantages (cont.) 3. If the Contractor arranges the insurance, the premiums would be paid to the Contractor usually in the first progress payment. 4. Should the Principal wish to insure Advance Loss of Profits (i.e. Protection for revenue which has to be deferred or is lost due to a delay in completion of the contract from an insured peril), the two policies have to be insured with the same Insurer and the Principal in these circumstances would have to arrange both policies. 5. The choice of Insurers rests with the Principal and they can be confident in their security. 6. As there is only one Insurer or a few co-insurers, losses are likely to be more promptly settled. 7. The Principal can ensure that all claims are payable directly to themselves and this will determine that large claims payment are not available for other creditors of the contractors. MARSH 9 10:45 11:30 5

6 Principal / Owner Controlled Construction Insurance Advantages (cont.) 8. The Principal can select reasonable deductible levels under the policy and make the contractor liable for this deductible. 9. Insurance protection may be arranged to ensure that cover continues after the works have been handed over to the principal by the contractors. 10. There should be a saving in premium as many contractors and sub-contractors include a profit element in insurance charges. They generally have blanket policy rates which may be weighted due to a variety of reasons. 11. As Marsh is in constant contact with the Principal, the sums insured selected in respect of the particular contract can be periodically reviewed to ensure that there is no under insurance resulting from inflation and variation in the project during construction. 12. Insurer attitudes towards risks vary with competition. MARSH 10 Contractor Controlled Construction Insurance This is the form of insurance program utilized when the contractor assumes the full responsibility for arranging the insurances surrounding a particular construction project. Typically, this would be for stand-alone projects. Not only does the contractor agree to complete the works as described, they accept liability for full care of the works until practical completion, including the agreed maintenance period and defects liability period. The contractor must maintain insurance for the works, construction equipment together with third party liability arising out of the performance of the contract works. Responsibility generally ceases when the principal uses, occupies or takes over any portion of the works. MARSH 11 10:45 11:30 6

7 Contractor Controlled Construction Insurance Advantages 1. Contractors have the security of dealing with their own insurers, giving them the ability to negotiate premiums and to negotiate coverage to give their individual approach to insurance and self-retention levels. 2. Since the premium negotiations are in the hands of the contractors, they have the opportunity to re-negotiate the premiums after their appointment, and they could be more cost effective than the tender estimate with potential cost/project gain to their benefit, as often insurance premiums are passed on to the owner on a cost plus basis. 3. Contractors may have control of claims settlement, giving them the power to dispose of claims proceeds or indeed to negotiate contract variations. 4. In the event of a claim, the contractor may negotiate reinstatement payments and times to suit their work schedules and may adopt some flexibility in recoveries from insurers. MARSH 12 Construction Conclusion While both of the methodologies presented in this discussion paper are capable of producing broad cost effective project insurance, we recommend that your first preference should be to place coverage on an Owner controlled program. Given the size of the project and the relatively new nature of the IPD contract delivery method, the ability to directly negotiate, control and monitor the placement through all phases of the construction process is critical. Effective placement of: Course of Construction, Wrap-Up Liability and Professional Liability It is critical to ensure a proper response and successful resolution should a claim be presented during the course of this project while following the terms and conditions of the IPD contract form. MARSH 13 10:45 11:30 7

8 TRANSIT INSURANCE 14 Transit Insurance Commercial Fleet Insurance Guide: Introduction What is considered a commercial fleet from an insurance perspective? There are several definitions of commercial fleet and they are relatively similar. Are commercial fleet insurance rates are high and what do they depend upon? MARSH 15 10:45 11:30 8

9 Transit Insurance Commercial Fleet Insurance Guide: Introduction Commercial fleet insurance rates depend on a number of factors. If you are looking for fleet insurance, especially for fleets with over 5-10 vehicles, this puts you in a unique situation allowing you to bargain from a position of power since you have numerous vehicles to insure. MARSH 16 Transit Insurance Commercial Fleet Insurance Guide: Introduction (cont.) For what types of fleets can you get a fleet insurance quote? There are various types of fleets that can be covered under a commercial fleet insurance policy. MARSH 17 10:45 11:30 9

10 Transit Insurance What does a commercial fleet insurance policy typically cover? Commercial fleet insurance can cover a broad variety of risks to ensure that all the important assets of your business are safe. Here is an overview of key protection elements you should know: Insurance Brief description Do I need it? Example Collision coverage Third party liability Comprehensive coverage Accident benefits Coverage against uninsured drivers Truck cargo coverage Coverage that pays for damages on a vehicle from your fleet in case of an accident involving a collision with another vehicle or object. Coverage that pays for damages or injuries your company s vehicle inflicts on another party. This can also be connected with legal costs and settlements if the other party decides to sue. Coverage that pays for other types of risks (also called perils) such as theft, fire, hail, flooding, tornado, etc. Coverage that pays for medical treatment and rehab, loss of income due to disability or death and funeral expenses. Coverages that pay for two similar issues a counterpart that cannot pay for the consequences of the accident (e.g. no insurance or not enough insurance) or does not want to pay and flees the accident scene (which is a crime). Coverage that pays for damages or theft of cargo that is being transported by your fleet. Yes(Optional) Yes(Mandatory) Often(Optional) Yes(Mandatory) Yes(Mandatory) Often(Optional) Your delivery van was damaged in a collision with another car, causing damaging the right side of the vehicle. One of the minivans from your delivery fleet was involved into an at-fault accident, seriously injuring the driver of another car. Your vehicle has been damaged through severe flooding in Ontario. Your delivery truck driver suffered injuries and was not able to perform his duties for three months, and requires disability payments. Your fleet vehicle had a collision with another car whose driver was at fault. Unfortunately, she did not have enough coverage (minimal coverage) to cover all the required expenses. Part of the cargo you were transporting has been stolen during an overnight stop. Reefer insurance Coverage for damages caused by failure of a reefer motor in your fleet. This does not include reefer motor repairs. Sometimes(Optional) Cargo loss due to refrigeration system failure. Bobtail insurance Coverage that covers your fleet vehicle when your drivers take vehicles home and leave them there. Sometimes(Optional) You or your driver took a car home where it was broken into during the night. MARSH 18 Transit Insurance How can you reduce fleet insurance quote prices? Hire experienced drivers Understand if your new drivers had accidents: Fleet management counts: Work with a public entity insurance broker: MARSH 19 10:45 11:30 10

11 PROPERTY VALUATIONS 20 Property Valuations Whose responsibility is it? Property Owner Broker Adjuster Appraiser MARSH 21 10:45 11:30 11

12 Procurement and the Insurance Industry SPECIALTY COVERAGE 22 Specialty Coverage IT Fuel Suppliers Cyber All Related Third Party Suppliers MARSH 10:45 11:

13 SOLE SOURCING VS. RFP 24 Sole Sourcing vs. RFP Which Process will bring you the best result SOLE SOURCE PROCUREMENTS CANNOT BE USED TO AVOID COMPETITION. Sole Source procurements are recommended when it can be thoroughly documented that the Vendor holds a unique (no other sources have it) set of skills or expertise that make it impossible for anyone else to do the Work or that the goods are not available from another source A compelling sole source request makes a clear and convincing link between the program requirements and why the sole source is the only vendor or contractor capable of meeting those requirements. The need is one of pressing emergency in which delay would be injurious to the public interest; Only one person is capable of performing the work, such as when a supplier owns a copyright or a license; MARSH 25 10:45 11:30 13

14 Sole Sourcing vs. RFP (cont.) The nature of the work is such that it would not be in the public interest to solicit bids (for example, requirements dealing with national security, such as some military projects). Request for Quotation: This method is used to solicit bids for requirements with (low dollar value), including all applicable taxes, from one or more suppliers. The bidder with the lowestpriced responsive bid will be awarded the contract. They are not publicly posted. The bid documents are kept simple in order to award a contract quickly. Invitation to Tender (ITT): This method is used when the requirement has a greater dollar value ; two or more suppliers are considered capable of supplying the requirement; the requirement is adequately defined to permit the evaluation of bids against clearly stated criteria; bids can be submitted on a common pricing basis; and it is intended to accept the lowest-priced responsive bid without negotiations. Request for Proposal (RFP): This method is used for complex requirements, where the selection of a supplier cannot be made solely on the basis of the lowest price. It is used to procure the most cost-effective solution based upon established evaluation criteria. MARSH 26 Sole Sourcing vs. RFP (cont.) Request for Standing Offer (RFSO): This method is used to solicit standing offers to provide goods and services on an as-and-required basis, at firm prices, as per established terms and conditions. It clearly states the requirement, the evaluation method and selection criteria, the call-up procedures, the ranking methodologies, whenever applicable, to be used for making call-ups against the authorized standing offer(s), and all terms and conditions applicable to the contract that is brought into effect, as a result of any call-up. Request for Supply Arrangement (RFSA): This method is used to solicit bids from a pool of pre-qualified suppliers for specific requirements. The intent is to establish a framework to permit expeditious processing individual bid solicitations which result in legal binding contracts for the goods and services described in those bid solicitations. MARSH 27 10:45 11:30 14

15 PROCUREMENT AND THE INSURANCE INDUSTRY WHAT YOU NEED TO KNOW MARSH 28 This document and any recommendations, analysis, or advice provided by Marsh (collectively, the Marsh Analysis ) are intended solely for the entity identified as the recipient herein ( you ). This document contains proprietary, confidential information of Marsh and may not be shared with any third party, including other insurance producers, without Marsh s prior written consent. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modeling, analytics, or projections are subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Except as may be set forth in an agreement between you and Marsh, Marsh shall have no obligation to update the Marsh Analysis and shall have no liability to you or any other party with regard to the Marsh Analysis or to any services provided by a third party to you or Marsh. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or reinsurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage. Marsh is one of the Marsh & McLennan Companies, together with Guy Carpenter, Mercer, and Oliver Wyman. Copyright 2015 Limited and its licensors. All rights reserved :45 11:30 15

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