PROFESSIONAL INDEMNITY INSURANCE COUNCIL OF ENGINEERS JANUARY 22, 2014

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1 PROFESSIONAL INDEMNITY INSURANCE COUNCIL OF ENGINEERS JANUARY 22, 2014

2 RISKS MANAGEMENT MIX STRATEGY Transferred Risk (Insurance) Level Of Risk Reduced Risk (Safety Measures) Avoided Risk Retained Risk

3 PROFESSIONAL INDEMNITY INSURANCE (PI) To indemnify the insured against legal liability for any claim first made against them during the period of insurance. Arising from Wrongful Act (i.e. negligent act or error & omission) in the conduct of the Professional Services practice carried on by the insured. Professional Indemnity Policy would provide cover for:- compensation, and/or damages awarded against professional legal costs and other expenses associated with defending legal actions (subject to consent of the insurer).

4 DEFINITIONS Wrongful Act shall mean any error, misstatement, misleading statement, act, omission, neglect or breach of duty committed, attempted or allegedly committed or attempted, by an Insured while performing or failing to perform Professional Services. Professional Services shall mean services performed by an Insured solely in its capacity as their Business Practice for or on behalf of a customer of the Insured. Business Practice shall mean the business conducted by the Insured, as specified in the Schedule.

5 CLAIM MADE BASIS Claims made basis shall apply only to wrongful acts which happen, and for which claim is made against the Insured, while the insurance is in force. Retroactive Date 1/1/2011 Wrongful Act 15/5/ st Policy 2 nd Policy 3 rd Policy Claim Made 16/11/ Claim first made on 16/11/2013, Wrongful act happen on 15/5/2012

6 PROFESSIONAL INDEMNITY INSURANCE (PI) Policy schedule Limit of policy, Up to client, Normally Limit ~ USD 1 M USD 20 M Deductible, ~ > USD 10,000 Premium, ~ > USD 7,000 Type of Policies 1. Annual Policy - For all activities of the Insured and shall renew every year. 2. Single Project Policy - For Specific activity with period more than 1 year. Generally up to 10 Years. 3. Excess Layer Placement - In case of Higher Limit, Broker may use Local Insurance as Primary Layer and use International Reinsurer as Excess Layer

7 POLICY EXTENSION - Libel and Slander - Project Management - Outgoing Principals - Loss of Documents - Intellectual Property - Estates and Legal Representatives - Acquired Entity or Subsidiary - Fraud and Dishonesty (Optional) - Increased Aggregate Limit of Indemnity (Optional) - Joint Venture Liability - Consultants, Subcontractors and Agents - Run-off Cover Insured Entity or Subsidiary

8 STANDARD EXCLUSION - Prior or Pending Claim - Known Claim & Known Circumstance - Fraud and Dishonesty - Assumed Duty or Obligation - Related or Associated Entities - Supply of Goods - War & Terrorism - Absolute Asbestos - Previous Business - Bribe & Illegal Payment - Fines and Penalties - Punitive Damage - Nuclear

9 STANDARD PREMIUM PRACTICE Deductible Experience & Qualification Limit of liability Annual Report & Overall business Claim History Business Type

10 PROFESSIONAL INDEMNITY INSURANCE (PI) Market Capacity LOCAL CAPACITY USD 5 M USD 20 M INTERNATIONAL CAPACITY USD 10 M USD 30 M Example Of Local Capacity Non Preferable Risk * Geotechnical / Soil * Environment Engineering * Nuclear Engineering * Mining Engineering * Chemical Engineering * Aeronautical / Space Engineering * Marine / Naval Engineering * Offshore Platform Engineering Limit of Capacity USD 20 M USD 5 M 10 M USD 10 M Single Project Period 7 Years > 10 Years 1.5 Years

11 PROCESS OF BUYING POLICY Policy Client Application Broker Insurers 1. Insured complete Application Form submit to Broker. 2. Broker approach the markets for insurance terms. 3. Broker return Quotations with suggestion to Insured. 4. Insured select the prefer one, then receive Policy from Broker while Broker continue support for any claims that may occur. Insurer Insurer Insurer

12 ROLE OF INSURANCE BROKER To work for insurance related issues on your behalf To assist you in buying insurance and not selling To analyze and survey of your insurance needs and arrange the insurance which most suits to your exposure. Market with underwriters different appetites and capacities. To clarify and discuss with you to choose the appropriate insurance program To handle and manage the claim until the claim is finally settled

13 CLAIM EXAMPLES CLAIM INVESTIGATION 1. What actually happened? Concrete Beam Cracked 2. What went wrong? Incorrect Design 3. Why did it go wrong? Loading calculation error 6 Storeys Shopping Complex at Samutprakarn, Concrete Beam Cracked in 2013 Rectification Cost approx 6mb 4. Was the Insured or one of their employees responsible for what went wrong? Yes 5. Is the loss covered by the policy? Yes 6. Are the Insured s business activities correctly described in the policy schedule? Yes 7. Was the loss notified in accordance with the requirements of the policy? Yes

14 CLAIM PROCESS 1 Claim First Made 2 CLAIMANT Pay damages, Indemnity 4 INSURED Claim Consult 3 INSURANCE Broker report claim and assist Insured to get their Claim. BROKER

15 STANDARD CLAIM PRACTICE The Insured must give to Broker a written notice of any Claim first made against the Insured - as soon as practicable and during the Period of Insurance. Relevant documents : The date in which the Insured/Company first became aware of the matter, if other than the court summons. Notice letters and/or demand letter and/or other written correspondence from the claimant etc. (if any). Other additional documents, if required. In case there is a circumstance which the Insured realize that it may lead to a claim in the future, it is required by the Insurer to report such circumstance to reserve the right of claim. Broker may also be able to advise you about whether a situation is a circumstance that should be notified.

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