Dealing with Contractors' All Risks Claims A Practical Approach

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1 Dealing with Contractors' All Risks Claims A Practical Approach A Joint Workshop organised by SCI & AICLA M Hotel, Singapore 24 & 25 June 2013

2 Dealing with Contractors' All Risks Claims A Practical Approach A joint workshop organised by SCI & AICLA Intermediate to advanced VENUE: M Hotel Programme HIGHLIGHT This two-day workshop, aims to provide participants with practical and useful insights of the claims management and broader policy issues in dealing with Contractors' All Risks (CAR) claims, including Advanced Loss of Profits (Delayed Start-Up). Our workshop facilitators are highly experienced loss adjusters who have spent years handling CAR claims and financial aspects of loss. They will share their expertise with participants, who will also have the opportunity to work in groups on practical case studies aimed at reinforcing their entire learning experience. Day 1 Material Damage & Third Party Liability claims To set the scene, there will be an overview of the current and new mega projects in Singapore and the region, as well as a review of the typical issues arising out of CAR claims by way of practical examples and case studies. There will then be a look at the general principles in dealing with these types of claims ranging from who is an insured under the policy, operation of the more usual design/workmanship exclusions, typical endorsements, treatment of overheads and profit etc. There will also be reference to the operation of PI polices and how these can overlap into CAR claims. The second part of the day will look at the case study in specific detail providing a workshop environment leading to outcomes in respect to certain of the issues raised in the morning session. A Welcome Drinks session will be organised at the end of Day 1 to facilitate greater interaction and networking amongst participants. Day 2 Advanced Loss of Profit / Delayed Start-Up claims The second day will look at the financial aspects of CAR claims. Above all, an ALoP / DSU claim is a business interruption claim and a review of the accounting fundamentals is the starting point for Day 2. Building on this foundation, the peculiarities of the financial aspects of CAR claims will be explored, including analysing profit for a business that hasn t started, loss mitigation (ICOW) measures and coverage, and the role of P&G costs. Claims handling techniques will also be discussed. Finally, the information learnt during the day will be tested and explored in a claims scenario workshop. Note: To provide homogeneity, the same case study will be used on both days 1 and 2 to enable attendees to understand the linkage between the material damage aspects, PI and the financial aspects of CAR claims. FOR WHOM Claims Executives and Managers from insurance/reinsurance companies and broking firms.also suitable for Loss Adjusters; Underwriters, Business Development and Marketing Executives from insurance/reinsurance companies; Client and Account Executives and Managers of insurance/reinsurance broking firms; and Risk Managers of insurance buyers. LEARNING OUTCOMES By the end of the programme, you will be able to: Understand the technicalities of Contractors' All Risks claims and associated Financial Claims. Describe the practical challenges of handling such claims. Highlight the practical issues and operational concerns that insurers need to focus on in handling and managing these claims. programme outline Day 1 Overview of the current and new mega projects in the region Review of the main general principles of dealing with Contractors' All Risks Claims Introduction to the case study Relating key concepts such as design exclusion/endorsements to practical examples Understanding the overlap of Contractors' All Risks policies with PI Policies Application of key concepts to the case study Day 2 Overview of Gross Profit related claims Introduction to key concepts Exploring mitigation issues Establishing future profit Examination of P&G costs Detailed case study DATE(S) & FEE 24 & 25 Jun 2013 (9.00 am to 5.00 pm) Singapore-based participants * (inclusive of 7% GST) S$1, (Member Company) S$1, (Non-Member Company) (covers welcome drinks, programme materials, tea breaks and lunches) Overseas participants (See notes on "Administrative Information" page) S$1, (double occupancy) S$1, (single occupancy) (covers three nights' hotel accommodation, welcome drinks, programme materials, tea breaks and lunches) * Eligible for funding under the MAS FSDF via

3 programme FACILITATOR Jaye Kumar Jaye was born in Malaysia, completed his high school and tertiary education in England and has worked extensively in South East Asia, UK and for the last 25 years, in Australia. Jaye is a Chartered Loss Adjuster (Fellow), Chartered Mechanical Engineer and has a Masters in Business Administration. He has been a practicing loss adjuster for over 30 years and specialises in engineering claims. In 2000, Jaye formed a national loss adjusting company with 35 independent adjusting companies across Australia that operate under a strategic alliance partnership and heads this Company as the Managing Director. Jaye has been actively involved with the Australasian Institute of Chartered Loss Adjusters (AICLA) and has served on the AICLA Board since As the International Development Director of AICLA since 2003, he has been responsible for expanding AICLA s membership base across the region and internationally. AICLA has international membership chapters in Malaysia, Singapore, Hong Kong, Indonesia, Thailand and Vietnam and is further expanding this to the Middle East and Europe. programme Leaders Ian McWalter Ian has now worked as a loss adjuster for some 34 years, and for the past 23 years, has specialised in Construction and Engineering claims. He graduated in law from the London School of Economics in 1977 and entered loss adjusting in the UK in 1978 where he worked for a period of 11 years. His experience in the UK was mainly in the area of building related claims. In 1989, he returned to Australia where he joined an Australian technical assessing company in 1991 as a director and shareholder. In 2011, he left to set up a loss adjusting company that specialises in Construction and Engineering claims. The company currently employs 4 adjusters, 2 of whom are civil engineers. The majority of his work during his time in Australia has been in the area of professional indemnity, product and public liability claims, contract works and builders home warranty insurance. His work in respect of Professional Indemnity claims ranges from claims against building inspectors, architects and engineers, to claims involving project managers, building consultants and construction companies. He has also had extensive experience in the field of Home Warranty claims dealing with the collapse of individual builders to large company collapses. Ian has been actively involved with AICLA for over 15 years, having previously held the position of Education Director, International Development Director and President. He has also been a member of the Academic Council for ANZIIF, AICLA s educational service provider.

4 programme Leaders Ir. Pooba Mahalingam Pooba is a professional engineer with over 20 years of experience in construction, insurance and loss adjusting. He deals with construction, engineering, liability and property claims mainly for various insurance companies. He is currently the Executive Director at an international loss adjusting company in Singapore and leads the Construction, Power and Engineering (CPE) team for the organisation. He was based in Christchurch, New Zealand as a member of the CAT loss team handling the 2011 earthquake claims. Pooba has previous experience working with an international loss adjusting firm in Kuala Lumpur where he was responsible for mega projects risk management and claims handling. This included the following large construction risks KLIA, KLCC, KL Tower, LRT 1 & 11, Sprint Highway and Smart Tunnel. He also gained further regional engineering exposure when he handled assignments in Brunei, Indonesia, Singapore, Vietnam and Hong Kong. Pooba has handled some high profile cases in the past and is a well known presenter on construction risks and claims handling. Leon Briggs Leon is the National Chief Adjuster at the New Zealand office of one of the world s leading global loss adjusting and claim management companies. As well as being a Fellow of AICLA, Leon is also a Fellow of ANZIIF and a member of the New Zealand Institute of Chartered Accountants. He has an accounting degree with First Class Honours from Victoria University of Wellington in New Zealand. Leon handles major losses, particularly catastrophe and Business Interruption. He has handled disaster claims in Australia and the Pacific, and spent three months in Louisiana after Hurricane Katrina, subsequently moving to Texas to work as a forensic accountant. Since September 2010, he has almost exclusively been involved in the Christchurch Earthquake losses, handling a portfolio of his own claims as well as leading his company s Major Loss Unit, which handles most of the company s claims over US$400,000.

5 Administrative Information REGISTration Registration may be made online at Before registering, participants are advised to refer to the For Whom section of the respective Programmes to ensure that they meet the recommended experience and qualification prerequisites. A Certificate of Attendance will be awarded at the end of the programme to participants, who have attended all the programme sessions. REGISTration deadline Registra tion will close once the places are filled. For overseas participants, hotel accommodation is subject to availability. Participants are advised to register early. PAYMENT INSTRUCTIONS The programme fees can be paid by any of the following methods: Bank Draft (in Singapore dollars) Telegraphic Transfer (in Singapore dollars) NETS (Only at the SCI Reception Counter) Credit Card (VISA or MasterCard only) Registrants whose fees are being paid by their employers/principals can obtain an invoice from the website: Hotel Accommodation for Overseas Participants M Hotel, Singapore 81 Anson Road Singapore Tel: (+65) Overseas participants who do not require hotel accommodation can pay the NON-MEMBER COMPANY fee (excluding the 7% GST). For more details, please contact the Technical Training Department. PROGRAMME CANCELLATION / POSTPONEMENT POLICY All notification of withdrawals, postponements and substitutions must be sent in writing to SCI. Full refunds can be obtained up to 30 days before the programme start date. Due to the costs incurred for programme preparation and administration, any cancellations or requests for postponement received 30 days or less from the programme start date will be subject to a penalty on a proportion of the full course fee as described in the chart below: Time Cancellation Policy More than 30 days notice 0% 8 to 29 days notice 25% Less than 7 days notice 100% Funding Support MAS Financial Training Scheme The Monetary Authority of Singapore (MAS) administers Financial Training Scheme (FTS) grants to financial sector organisations that sponsor eligible Singapore-based participants to training programmes that meet qualifying criteria. For more details, please visit or contact the MAS at or About the Singapore College of Insurance (SCI) The Singapore College of Insurance (SCI) is a not-for-profit professional training and education body set up in 1974 as part of Singapore s efforts to develop as a financial hub. For more than thirty years, the SCI has remained focussed in its efforts to upgrade the technical expertise of insurance practitioners and to provide them with professional advancement opportunities through its series of practice-oriented programmes and internationally-accredited qualifications. Since the late 1970s, the College has also played the role of an industry examination body to conduct regulatory examinations for those wishing to join the financial advisory, life and general insurance industries. In recent years, the SCI has also expanded its role to include talent development programmes such as the Insurance Executive Scholarship Programme. About the Australasian Institute Of Chartered Loss Adjusters (AICLA) The Australasian Institute of Chartered Loss Adjusters (AICLA), established in 1997, is the leading international loss adjusting professional and educational body for loss adjusters with an extensive and growing membership base. The primary object of the Institute is to advance the Profession (of Loss Adjusting) for the benefit of its practitioners and the public in general through the continual education of its Members and the encouragement of skilled, ethical and sound practice in the Profession.

6 9 Temasek Boulevard #14-01/02/03 Suntec Tower Two, Singapore Tel: (+65) Fax: (+65) CPE Registration No: M Period of Registration: From 26 September 2011 to 25 September 2015

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