Subcontractor default insurance Baker Tilly Virchow Krause, LLP

Transcription

1 Subcontractor default insurance 2013 Baker Tilly Virchow Krause, LLP

2 History of the market > 1996: Created by demand of contractors with the goal of taking back control when subcontractors default. > 2012: 187 Accounts w/ $48.6B in enrollment CRU 30 Accounts / $4B in enrollment > Purchased by most large general contractors in US > Barriers to entry for other insurers: No readily available loss data the underlying source for insurance company pricing methodologies Surety review in house - we have this product Program sizes require substantial reinsurance support to build capacity limited 2

3 What is SDI? Using Surety on all Subcontractors Default Resolution Controlled by Surety Managing the Subs with SDI Default Resolution Controlled by General Contractor t GC SDI Premium Protection GC Surety Bonds Incl Sub Bond $ Premium Contract Price Contract Contract Price Contract Subcontractors Subcontractors 3

4 Why do GCs buy SDI? 3 rd Party Requirements Lender / Owner / Surety Profit Motive The unused loss funds are returned Altruistic Approach Better Control / Broader Cover / Recognizing i & Pricing i Sub Risk 4

5 Component Typical Values Comment Per Loss Retentions North of $500K Deductible Retained per Sub Contract Default Aggregate Retentions Expressed as Variable or hard wired to x Per Loss Once Aggs are reached its fully insured Co-Payment Loss Retentions in Excess of 10% of the next 5MM it s a Deductible sharing layer Direct Loss Dependent on Limits Offered This pays to finish the uncompleted sub work Indirects Hard Wired $5MM or as a % Pays for financial loss of the direct loss 20% beyond completing the subs work - OH Other Trades Fixed Premiums Loss Funds Premiums The money that goes to the insurance carrier Money that is paid in / set aside to pay for losses within the retention X per 1000 or %.5% of Sub trade Values X per 1000 or % of Sub Trades - Bigger Ret Bigger the Loss Fund % 5

6 3 Markets Overview Comparison Zurich Arch / Catlin XL Est 1996 Est 2009 Est 2012 $50MM $25MM $50MM Jumbo GC s ENR 100 Mid Size GC s $50MM 500MM & Owners Jumbo GC s ENR Year Coverage Period 10 Year Coverage Period 10 Year Coverage Period Indirects Require Proof Indirects Paid w/o Proof Indirects Require Proof Minimum Premiums No Minimums Minimum Premiums Deductibles & Co-Pays Deductibles / Co-pay Deductibles & Co-Pays Waived w/ Reporting Owners Added as Addl Owners Added as Addl Owners Added as Addl 6

7 The CRU underwriting process Review of Application and Info In Person Evaluation SDI PROPOSAL Senior Management Discussion: 1. Strategy 2. Operational Issues 3. Current and Future Plans On-Site Evaluation: 1. Sub-Contractor Prequalification 2. QA/QC 3. Project Controls 7

8 6 major criteria SDI underwriting evaluations of potential GC clients are based on 6 major criteria: > Market focus > Financial health > Strategy for SDI > Belief management team / business strategy > Subcontractor pre-qualification > Subcontractor management 8

9 The resulting overall risk score helps the underwriter decide whether to offer a quote Illustrative Risk Score Result Risk Score Translation Risk Scoring Tool Max Min Chosen Current Future Criteria Weight Weight The resulting overall risk score helps the Weight Score Score 5.0 Market focus 35% 15% 20% underwriter decide whether to offer a : Quote quote with Financial health 20% 5% 10% confidence Strategy for SDI 30% 5% 5% Belief in mgmt team and bus strategy Subcontractor prequalification Subcontractor management 40% 10% 15% % 15% 25% % 15% 25% Total 100% Current Score 100% 85% 85% Future Score 15% 0% 15% Total Score : Consider quote, but also consider more restrictive terms : Decline to quote 9

10 Sample quote of SDI Section 4 Rating Coverage Scenarios and Ratings Option A B C D Per Loss Deductible (Thousands) $500 $750 $1,000 $1,500 Aggregate Deductible $1,500 $2,250 $3,000 $4,500 (Thousands) Fixed Premium Rate $5.64 $4.50 $3.74 $2.79 Los Fund Rate $6.36 $7.50 $8.26 $9.21 SDI Transfer Rt Rate $12.00 $12.00 $12.00 $12.00 Premiums include 10% broker commission Premiums do not include taxes and surcharges 10

11 After general contractor buys SDI Coverage is available a ab any project that the GC enrolls in its program GCs may elect not to enroll one or more projects Once a program is enrolled, all subs are in the program unless the general contractor bonds them Premiums are paid when the program in enrolled No minimum premiums After enrolled program is complete, final sub values are reported and premium is adjusted 11

12 Benefits to the owner of hiring a GC which uses SDI Improved project delivery in the event of a subcontractor default Cost savings over bonding subs and more subs covered Up to 10 year warranty provisions Availability of the assignment of the benefits of the SDI policy if the GC defaults 12

13 Examples of common claim types Defective Work Replacement of poor work by replacement sub Construction defect after project complete (15%) Project Controls Overbillings by subcontractor with other problems Unpaid amounts due by subcontractor to others (15%) Subcontractor Issues Improper estimation of costs or quantities Solvency issues from other jobs (60%) 13

14 How loss is calculated $5,000,000 Original Contract Value $2,000,000 + Change Orders $1,000,000 - Amount Paid on Original Contract $8,000,000 - Amount to Finish Remaining $2,000,000 = Loss Amount Before Indirect $500,000 25% Indirect $2,500,000 Claim Before Deductible 14

15 Other questions > Surplus lines state tax varies by state > Final audits As projects complete NOT PROGRAM Voluntary > No collateral required 1 st party relationship > Loss funds are returned When there are loss payments Or upon request of insured for adjustment > If loss fund is empty, loss is paid minus deductible 15

16 Questions? Tim Cleary, CRIS, CLCS Account Executive & Practice Group Leader M3 Insurance Tim Anderson Senior Vice President Construction ti Risk Underwriters Reminder: To qualify for the CPE credit, you must complete the evaluation form at the end of the webinar. 16

17 Disclosure Pursuant to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, nothing contained in this communication was intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose. No one, without our express prior written permission, i may use or refer to any tax advice in this communication in promoting, marketing, or recommending a partnership or other entity, investment plan, or arrangement to any other party. Baker Tilly refers to Baker Tilly Virchow Krause, LLP, an independently owned and managed member of Baker Tilly International. The information provided here is of a general nature and is not intended to address specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought Baker Tilly Virchow Krause, LLP 17

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