FLORIDA KEYS AQUEDUCT AUTHORITY BOARD OF DIRECTORS MEETING OPEN TO THE PUBLIC

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1 FLORIDA KEYS AQUEDUCT AUTHORITY BOARD OF DIRECTORS MEETING OPEN TO THE PUBLIC A G E N D A FLORIDA KEYS AQUEDUCT AUTHORITY BOARD ROOM 1100 Kennedy Drive Key West, Florida WEDNESDAY, MAY 14, :00 a.m. INSURANCE WORKSHOP Presentation and Discussion of Florida Keys Aqueduct Authority Property, Liability and Casualty Insurance Program for

2 FLORIDA KEYS AQUEDUCT AUTHORITY OVERVIEW OF 2014/15 PROPERTY AND CASUALTY INSURANCE PROGRAM

3 INSURANCE TYPES CURRENTLY PURCHASED BY FKAA Property including Boiler and Machinery General Liability Flood Workers Compensation Public Officials Liability Crime Fiduciary Liability Vehicle Liability Environmental Liability Board Member s Bond Inland Marine/Equipment Coverage

4 Florida League of Cities INSURANCE AGENTS SERVING FKAA Arthur J. Gallagher Key West Insurance Agency General Liability Vehicle Liability Public Officials Liability Workers Compensation Property and Boiler and Machinery Crime Fiduciary Liability Environmental Liability Board Member s Bond Inland Marine/Equipment Coverage Flood

5 INSURANCE COMPANIES PARTICIPATING IN FKAA S PROGRAM The Florida Municipal Insurance Trust Ironshore Specialty Insurance Co. Westport Insurance Corp. Travelers Casualty and Surety Company of America NGN Insurance Company American Bankers Insurance Company of Florida All insurance companies participating in FKAA s program, with the exception of The Florida Municipal Insurance Trust, enjoy a favorable rating from the A.M. Best Company, the leading evaluator of insurance company operations. The Florida Municipal Trust is one of the premier insurers for Florida governmental entities. They were established in 1977 and currently have over 600 insured members. They have a Policy Holder s Surplus (Net Worth) in excess of $220 million.

6 PROPERTY INSURANCE ACE American Insurance Company and Westport Insurance Corporation (Swiss Re) provides FKAA s Property, Boiler and Machinery and the majority of FKAA s Inland Marine Insurance on a on a quota share basis with ACE responsible for 70% of each loss and Westport responsible for 30% of each loss. Arthur J. Gallagher serves as the agent for this coverage. The policy term for FKAA s Property and Boiler Machinery coverage is from 3/31/14 to 3/31/15. Coverage is provided on a policy form exclusively designed for utility operations. Coverage is provided on an All Risk basis which means that the policy will respond to all claims regardless of the nature of the loss unless it is specifically excluded in the policy. The policy provides overall limits of $127,562,516 based on the Statement of Values filed with the insurers by FKAA.

7 PROPERTY INSURANCE (continued) The policy does have several Sub-Limits. Some of the more notable Sub-Limits are: Peril Sub-Limit Peril Sub-Limit Named Windstorm $50 Million Flood $1 the Florida City Location Only Inland Marine/Mobile Equipment $3,700,000 Demolition and Increased Cost of Construction $2,500,000 EDP Equipment and Media $3,000,000 Newly Acquired Property (90 days) $2,000,000 Miscellaneous Unnamed Locations $1,000,000 Business Interruption $100,000

8 PROPERTY INSURANCE (continued) All claims will be subject to a $50,000 deductible except for the following Peril Deductible Peril Deductible Named Windstorm 5% of the value of the structure damaged subject to a $250,000 minimum Flood 5% of the value of the structure damaged subject to a $1,000,000 minimum Business Interruption 3 Days Boiler and Machinery Losses $25,000 All claims will be settled on a Replacement Cost basis except for the following losses Mobile Equipment losses will be settled on an Actual Cash Value Basis Business Interruption losses with be settled on an Actual Loss Sustained Basis.

9 PROPERTY INSURANCE (Continued) The annual premium for FKAA s 2014/15 Property Program is $782, including all fees and taxes.

10 GENERAL LIABILITY INSURANCE The primary protection provided by a General Liability policy is for claims brought by third parties alleging either bodily injury or property damage. The Florida Municipal Insurance Trust (FMIT) provides FKAA s General Liability insurance. The Florida League of Cities serves as the agent for this coverage. The policy term for FKAA s General Liability coverage is from 10/1/13 to 9/30/14. Coverage is provided on an Occurrence basis with terms and conditions that are consistent with industry standards. The policy provides overall limits of $3 million with no annual aggregate

11 GENERAL LIABILITY INSURANCE (continued) The policy is subject to a $25,000 per occurrence deductible with a Stop Loss provision. If the total of the deductibles exceed $75,000 in any given policy year, the deductible is eliminated for all future claims that occur during the policy year. The policy has been expanded to include coverage for the following types of losses: Premises & Operations Products Liability Completed Operations Personal Injury Employee Benefit Liability Premises Medical Coverage

12 GENERAL LIABILITY INSURANCE (Continued) The annual premium for FKAA s 2013/14 General Liability coverage is $33,497 including all fees and taxes.

13 AUTOMOBILE LIABILITY The primary protection provided by an Automobile Liability policy is for claims brought by third parties alleging either bodily injury or property damage resulting from the operation of motor vehicles. FKAA s policy has been expanded to include Physical Damage coverage for vehicles scheduled on the policy. Liability coverage extends to any automobile being operated on FKAA business. The Florida Municipal Insurance Trust (FMIT) provides FKAA s Auto Liability insurance. The Florida League of Cities serves as the agent for this coverage. The policy term for FKAA s Automobile Liability coverage is from 10/1/13 to 9/30/14. The policy contain terms and conditions that are consistent with industry standards. The policy has a per occurrence limit of $3 million with no annual aggregate. Physical Damage claims are settled on an Actual Cash Value (ACV) basis.

14 AUTOMOBILE LIABILITY INSURANCE (continued) The policy is subject to a $25,000 per occurrence deductible with a Stop Loss provision. If the total of the deductibles exceed $75,000 in any given policy year, the deductible is eliminated for all future claims that occur during the policy year. Each Physical Damage claim is subject to a $1,000 deductible. The annual premium (including all fees and taxes) for FKAA s 2013/14 Automobile Liability coverage is as follows: Liability $39,344 Physical Damage 15,539 Total $54,883

15 PUBLIC OFFICIALS LIABILITY This policy provides protection for the Errors and Omissions of FKAA s Board of Directors and FKAA s employees. The policy defines Errors and Omissions as follows: A claim for damages alleging liability for any error, misstatement, omission, neglect or breach of duty by members. The term members include the Board of Directors, employees and volunteers Coverage has been extended to include Employment Practice Liability claims defined as Discrimination Employment related misrepresentations Failure to grant tenure Failure to provide or enforce adequate or consistent employment practices Harassment Retaliation Violation of Civil Rights Wrongful dismissal, discharge or termination Wrongful deprivation of career opportunities Wrongful failure to employ or promote Wrongful discipline

16 PUBLIC OFFICIALS LIABILITY The Florida Municipal Insurance Trust (FMIT) provides FKAA s Public Officials Liability insurance. The Florida League of Cities serves as the agent for this coverage. The policy term for FKAA s Public Officials Liability coverage is from 10/1/13 to 9/30/14. The policy contain terms and conditions that are consistent with industry standards. The policy has a per occurrence limit of $3 million with no annual aggregate. The policy is subject to a $25,000 per occurrence deductible with a Stop Loss provision. If the total of the deductibles exceed $75,000 in any given policy year, the deductible is eliminated for all future claims that occur during the policy year. The annual premium for FKAA s 2013/14 Public Officials Liability coverage is $35, including all fees and taxes.

17 WORKERS COMPENSATION FS 440 basically specifies that an employee that suffers a job related injury is entitled to the following benefits: All medical expenses related to the job related injury A portion of the injured employee s wages that the employee may loose as a result of his or her job related injury while the employee is recovering from his or her injury. This amount typically amounts to 60% of the pre-injury wages the employee was earning. Permanent Impairment benefits based on the impairment rating that was assigned by the treating physician FS 440 stipulates that Workers Compensation is the sole remedy available to injured employees. In theory, they are not entitled to file a tort claim against their employer. Workers Compensation policies typically include coverage referred to as Employers Liability coverage. Employers Liability coverage will provide coverage for claims that resemble a Worker s Compensation claim but for some reason fall outside the provisions of FS 440. Such coverage is rarely invoked.

18 WORKERS COMPENSATION (continued) Most Workers Compensation policies (including FKAA s policy) do not contain a monetary limit and will provide all benefits specified in FS 440 regardless of cost. FKAA s Workers Compensation coverage is provided by the Florida Municipal Insurance Trust (FMIT) with the Florida League of Cities serving as the agent. FKAA s Workers Compensation policy provides Statutory limits for Workers Compensation claims and limits of $1 million for Employers Liability claims. FKAA s is required to absorb the first $2,500 of each Workers Compensation claim as a deductible. The annual premium of FKAA s Workers Compensation policy is estimated at $247,212 based on a projected payroll of $16,638,119 and an Experience Modification Factor of.91. The actual premium will be determined at the end of the policy year based on FKAA s actual payroll

19 ENVIRONMENTAL LIABILITY Most insurance policies contain an exclusion for claims resulting from the release of pollutants and contaminants into the ground, water or environment. Not only does FKAA s operations expose them to Environmental claims, they have an agreement with the Department of Navy referred to as the Utilities Privatization Agreement that requires FKAA to maintain Environmental Liability coverage with minimum limits of $10 million. Ironshore Specialty Insurance Company provides FKAA s Environmental Liability Coverage with a per incident limit of $10 million. Arthur J. Gallagher serves as FKAA s insurance agent for this coverage. While coverage is provided on a Claims Made basis, the policy does not contain a Retroactive Date that provides coverage for claims first reported to the insurer regardless of when they occur. Another attractive feature of the coverages being provided by Ironshore is that it provides coverage for all of FKAA s locations without having to schedule each location on the policy. Most Environmental Liability policies only provides coverage for locations scheduled on the policy.

20 ENVIRONMENTAL LIABILITY (continued) In addition, Ironshore is providing coverage for all of FKAA s above ground fuel storage tanks without the requirement that they be scheduled on the policy. FKAA s Environmental Liability policy was written on a 3 year basis with a policy term of 12/23/13 to 12/23/16. All claims are subject to a $10,000 deductible. The 3 year premium for FKAA s Environmental Liability policy is $110, which equates to an annual premium of $36,716.85

21 FIDUCIARY LIABILITY To provide FKAA with protection associated with the administration of their Employee Deferred Compensation Plan a Fiduciary Liability policy has been purchased from Travelers Casualty and Surety Company. The current policy was written on a 3 year basis with a policy term of 3/1/14 to 3/1/17 Arthur J. Gallagher serves as FKAA s insurance agent for this coverage. The policy provides per claim and annual aggregate limits of $1, The policy is not subject to a deductible While coverage is provided on a Claims Made basis, the policy does not contain a Retroactive Date that provides coverage for claims first reported to the insurer regardless of when they occur. The premium for FKAA s Fiduciary Liability policy is paid annually at an amount of $3, This equates to $9, for the 3 year period.

22 CRIME INSURANCE FKAA purchases its Crime insurance from Travelers Casualty and Surety Company with the following coverages: Employee Dishonesty Forgery or Alterations On Premises/In Transit theft Money Orders and Counterfeit Money Computer Fraud Funds Transfer Fraud The policy provides limits of $500,000 for each coverage line. Each claim will be subject to a $25,000 deductible except for Money Orders and Counterfeit Money claims that will be subject to a $2,500 deductible. Arthur J. Gallagher serves as FKAA s insurance agent for this coverage. The current policy was written on a 3 year basis for a term premium of $7, that equates to an annual premium of $2,

23 INLAND MARINE/EQUIPMENT INSURANCE In an effort to comply with FEMA regulations, FKAA purchases an Inland Marine/Equipment insurance policy that provides coverage for the following items reflected in the following schedule: Item Value 2006 Wacker Trencher Compactor $26, Wacker Trencher Compactor $26, John Deere Skip Steer Loader $26,042 Coverage is provided on an All Risk basis and contains a per occurrence deductible of $1,000 All claims will be settled on an Actual Cash Value (ACV) basis. Coverage is provided by the Florida Municipal Insurance Trust with the Florida League of Cities serving as FKAA s agent. The policy term is from 10/1/13 to 10/1/14. The annual premium for this coverage is $866.

24 PUBLIC OFFICIALS BONDS Currently FKAA purchases Public Officials Bonds from National Grange Mutual Insurance Company for the individuals that sit on its Board of Directors. Each Bond has a Principal Sum of $10,000 and is triggered by the failure of the Board member to faithfully perform their duties as an official of FKAA. FKAA pays an annual premium of $ for each Bond. Based on FKAA having 5 Board Members, this equates to $ every 4 years. The following issues should be considered whenever discussing FKAA s Public Officials Bond. 1. The term Faithful Performance is not defined on the Bond. This will make it difficult to perfect a claim. 2. All proceeds from the bonds will be paid to the Florda Secretary of State and not FKAA. 3. In 1998 the State amended Florida Statute eliminating the requirement for governmental officials to purchase Public Official Bonds and transferred the decision making to the government entity. FKAA s legal staff should be consulted regarding any decisions regarding if such bonds should continue to be required.

25 NFIP FLOOD Due to the lack of affordable Flood Insurance, Congress created the National Flood Insurance Program (NFIP) in FKAA takes advantage of the NFIP primarily due to the lack of affordable Flood Insurance. NFIP protocols require that separate policies be issued for each building/structure. FKAA purchases NFIP Flood Insurance on 30 different buildings. The amount of coverage that is purchased varies by location. The sum of the building limits amount to $4,959,500. The sum of the contents limits amount to $4,054,300. Each policy contains a separate deductible for the building coverage and a separate deductible for the contents coverage. FKAA s deductibles range from $1,000 to $3,000. The total of the premiums for all NFIP policies amounts to $175,241.

26 PREMIUM ONLY SUMMARY Coverage Premium Property Insurance $782,006 General Liability 33,497 Automobile Liability and Physical Damage 54,883 Public Officials 35,006 Workers Compensation and Employers Liability 247,212 Environmental Liability (3 year premium) 110,151 Crime (3 year premium) 7,945 Inland Marine 866 Public Officials Bonds 620 Flood 175,241 Total Premium Costs 1,447,427

27 SUMMARY AND CONSLUSION Overall it is believed that the Florida Keys Aqueduct's Property and Casualty Insurance Program is well structured, is provided by quality insurers and is reasonably priced.

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