@ Metro FINANCE AND BUDGET COMMITTEE JULY 14,2010 SUBJECT: EXCESS LIABILITY INSURANCE PROGRAM FOR OPERATIONS PURCHASE EXCESS LIABILITY INSURANCE

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1 @ Metro 3 Los Angeles County One Gateway Plaza 213.g Tel Metropolitan Transportation Authority Los Angeles, CA metro.net FINANCE AND BUDGET COMMITTEE JULY 14,2010 SUBJECT: EXCESS LIABILITY INSURANCE PROGRAM FOR OPERATIONS ACTION: PURCHASE EXCESS LIABILITY INSURANCE RECOMMENDATION Authorize the Chief Executive Officer to negotiate and award excess liability insurance policies with $200 million in limits at a cost not to exceed $3.85 million for the 12-month period effective August 1, through July 31, (Attachment A, Option A). RATIONALE Our excess liability insurance policies expire July 31, Our insurance broker, Aon Risk Services, is responsible for marketing the excess liability insurance program renewal to qualified insurance carriers. Quotes have been finalized from carriers with A.M. Best ratings indicative of acceptable financial soundness and ability to pay claims. Staff has reviewed these quotes to ensure that the policy has been adequately marketed. BACKGROUND Excess liability coverage insures against losses resulting from bus and rail accidents, including bodily injury and property damage to third parties and passengers. The excess liability coverage also includes limited employment practices liability insurance, and errors and omissions coverage. Without this insurance, we would be exposed to catastrophic operating losses from bus and rail accidents. We would also be violating certain contracts and agreements, such as sale/leaseback agreements, that require us to carry excess liability insurance. Aon Risk Services forecasts that insured's with a favorable loss history, limited risk exposure and effective risk management program will experience flat to single-digit rate decreases given the current competitive underwriting environment. However, they forecast the market to become further divided between lead and excess carriers.

2 Should lead carrier rates experience an increase, excess carrier rates are not expected to follow suit due to record levels of capacity and carrier competition. A recent industry forecast from Conning Research and Consulting indicates "Casualty insurance rates won't begin to significantly firm up before " Conning anticipates net premium growth this year of nearly 2%. "While there will be larger underwriting losses this year (2010), over the next few years results will be driven by the economic recovery and a return to a modest inflationary environment." Staff and Aon Risk Services developed an excess liability insurance renewal strategy with several objectives for the renewal which were met. These objectives were: first, diversify our insurance carriers to include international participants and decrease reliance on AIG companies; second, obtain terrorism coverage throughout the entire tower of insurance; and third, to add up to $100 million in limits, for a total of $200 million. The same strategy was used to market the renewal. MTA's loss history has been very good - we have not experienced a loss against our excess insurance layer since the policy period. Our general liability claims inventory has been relatively stable year to year. No significant increase or decrease in new reported claims coupled with a stable claims closure process results in an open inventory that will remain flat. Marketing efforts by our Chief Financial Services Officer, Executive Officer and broker highlighted these bright spots in Metro's risk profile to a diversified group of underwriters. Given the current marketplace for coverage and our favorable loss experience, we experienced an effectively flat year-over-year premium. In Attachment A, Option A maintains self-insurance retention at $4,500,000 with $200,000,000 in coverage excess of this retention, identical to the expiring program with added terrorism coverage at all levels. Options B and C decrease insurance limits. We recommend maintaining the current limits since premium savings are insufficient to warrant a decrease in insurance limits. Attachment B shows the outline of the current program structure. Attachment C is a list of carriers who were solicited to determine if they were interested in participating in our program and their A.M. Best Rating. FINANCIAL IMPACT Funding for eleven months of the $3.8 million in premiums is included in the FYI 1 budget. The remaining month of premiums will be included in the FYI 2 budget in Cost Center 0531 Risk Management - Non Departmental under various projects. In FYI 0, $3.8 million was expensed on this item. EXCESS LIABILITY INSURANCE PROGRAM FOR OPERATIONS

3 Impact to Bus and Rail opera tin^ Budaet The funding for this action is a combination of bus and rail operating funds. No other sources of funds were considered for this activity because the insurance covers predominately losses related to bus or rail operations. This activity will impact ongoing operating costs in FYI 1 by approximately $3.8 million. ALTERNATIVES CONSIDERED Various deductibles and limits of coverage options were considered (see Attachment A). Our estimated penetration of the excess layer and premium history is also shown in this attachment. The recommended Option A secures a self-insurance retention (SIR) at $4.5 million per occurrence with $200 million in coverage excess of this retention. Option A includes a $250,000 excess of the SIR "loss corridor" that we would need to pay before receiving recovery from our insurers. Effectively, the loss corridor increases the SIR by $250,000 for the first claim, but saves us in premiums, a clear net benefit even in years in which the loss corridor needs to be paid. Attachment B shows the final carriers selected and pricing. Attachment C details carriers contacted regarding participation in our program. ATTAC HM ENTS A. OPTIONS, PREMIUMS AND LOSS HISTORY B. FINAL PRlClNG AND CARRIERS C. CARRIERS CONTACTED Prepared by: Greg Kildare, Executive Officer, Risk Management EXCESS LIABILITY INSURANCE PROGRAM FOR OPERATIONS

4 u Chie Fi anciat Services Officer and Treasurer Arthur T. Leahy Chief Executive Officer EXCESS LIABILITY INSURANCE PROGRAM

5

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7 ATTACHMENT C EXCESS LIABILITY INSURANCE PROGRAM POTENTIAL PARTICIPANTS August 1,201 0 through July 31,201 1 COMPANY Ace American Insurance Company Admiral Insurance Company AIG Cat Excess (AIG) Allied World Assurance Company Arch Insurance Company Argo Re Ltd. Argo Underwriting Agency Limited Aspen Insurance Limited Axis Insurance Company Canopius Managing Agents Limited Catlin Insurance Company Chubb Custom Insurance Company CV Starr - Everest Reinsurance Company Endurance Specialty Insurance Genesis Insurance Company Great American Insurance Company Insurance Company Of The State Of PA (AIG) lronstar (Ironshore) Insurance Limited Lexington Insurance Company (AIG) Liberty International l nsurance Company Lloyd's Of London (Multiple Syndicates) RLI Insurance Company SCOR UK Scottsdale Insurance Company Swiss Re Torus Specialty Insurance Company XL America Group Zurich American Insurance Company A.M. BEST RATING A+ XV A+ XI1 A Xll A++ XV A++ XV A XIll A+ X V A+ XV Note: the minimum rating required is A- VII EXCESS LIABILITY INSURANCE PROGRAM

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