Insurance Specialty Group LLC Introduction to the Asset Protection Program ( APP ) for Residential General Contractors 1 4501 Circle 75 Parkway, Suite F6200 Atlanta, GA (678) 742 6300
Asset Protection Program History Insurance Specialty Group LLC ( ISG ) is a MGA underwriting residential contractors on behalf of AmTrust Financial (A - IX) for CGL and AXIS Insurance Company (A+) for Builders Risk. AmTrust has Shareholder Equity of over $1.1 billion Insurance Specialty Group was formed in 1998 and has underwritten over $700 million of CGL and Builders premiums for residential contractors APP is offered nation-wide using either admitted or nonadmitted paper. 2
Asset Protection Program History The APP combines the risk management of a home warranty, strong sales and subcontractor agreements with broad form CGL and Builders Risk insurance ISG s inception to date CGL ultimate loss ratio is 52% proving the APP s risk management and loss control features protect the builder against frivolous construction defect losses ISG s inception to date Builders Risk loss ratio is 35% These favorable loss ratios allow ISG to be very creative and offer the most competitive terms and conditions 3
Asset Protection Program Acceptable Exposures The APP can provide comprehensive CGL and Builders Risk Insurance for the following types of construction subject to a maximum $10 million value per foundation: Single Family Multi-family - fee simple or condo Mixed Use commercial on 1 st floor and residential above Apartments - including those with condo conversion potential Small Commercial Residential new home REO purchased from a Bank 4
The Asset Protection Program Features and Benefits of APP Written warranty contract between builder and purchaser defining the builders obligations and liabilities Purchaser accepts warranty in lieu of implied warranty laws which are very dangerous Maintains construction defect liabilities in contract law vs. tort law (litigation) Builder conciliation services for 10 years Mandatory arbitration for 10 years Proven Sales and Subcontractor agreements provided to insured Insured Structural Defect coverage either through the Warranty (first dollar) or the CGL policy subject to CGL deductible 5
The Asset Protection Program Risk Management Requirements Builder must sign APP Specification before binding indicating agree to utilize/implement: ISG approved sale agreement ISG approved subcontractor agreements Obtain specified limits of subcontractor insurance Obtain additional insured endorsements Provide insurance policies on critical subcontractors 100% warranty usage 6
The Asset Protection Program Loss Control Reviews Confirm use of approved Sales and Subcontractor Agreements Compliance with ISG s Subcontractor Endorsement Certificate review Use of Quality Control Checklists Initial evaluation (including a jobsite visit) any project/contractor with $50,000 or greater in total premium. 7
Review of Insurance Products 8
CGL Coverage Limits Available Bodily Injury & Property Damage Liability Up to $2 million per occurrence, $2 million general aggregate, $2 million products completed operations aggregate Personal Advertising Injury Liability - $2 million per occurrence, $2 million general aggregate Medical Expenses - $5,000 any one person 9
Annual Practice Policy Admitted and Non- Admitted available Policy term is one year Low deposit premiums Competitive rates Provides full construction defect coverage including subcontractors work Warranty requirement Insured or Builder Backed Wrap Endorsement is available for a rolling wrap concept Construction Defect Endorsement is available which provides construction defect coverage for homes sold during the policy for 10 years or Statue of Limitation, whichever is less 10
Project or Project Wrap For construction projects with more than three homes in one location Policy period up to three years of construction term Endorsement providing construction defect coverage for homes sold during policy term for 10 years or Statue of Limitation whichever is less. Warranty requirement Insured or Builder Backed PAY AS YOU SELL Insured pays for Completed Operations Premium as homes are sold Advantage of Project Policies - One policy covers premise operations for three years and construction defect exposure up to ten years Buy one policy and buy no other CGL insurance policy for the entire project 11
APP CGL Forms Use of CG 00 01 12 07 Additional Insured's Managers and Lessors, State or Political Subdivisions, Mortgagee, Assignee or Receiver and Lessors of Leased Equipment Subcontractors Requirement Endorsement Charge premium for under insured or un-insured Exclusion - Exterior Insulation and Finish System Completed Operations Exclusion Use of Warranty Limited Subsidence Exclusion Excludes subsidence coverage for operations performed prior to inception of policy 12
Modified Blanket Builders Risk No reporting during annual policy period Exposure estimated at inception and audited at the end of the policy Premium for new starts and homes in inventory is prorated based upon actual months in inventory Significant premium reduction over Zurich and other companies offering Builders Risk due to proration of premium (30% projected savings) Limits $1.5M per structure / $5M per occurrence 13
Review of Warranty Products 14
Warranty Products HBW is the leading provider of new home structural warranties in the country The HBW warranty offers the broadest warranty protection to the home builder and is fair to the homeowner The HBW warranty defines the builders legal liability of the residential contractor to the homeowner for the following: One Year Workmanship (Surety) Two Years of Systems HVAC, Electrical, Plumbing (Surety) Ten Years of Framing and Foundation ( Fully Insured) 15
Warranty Products HBW has over 50 Sales Representatives throughout the country. Agent is responsible for discussing and embracing the risk management features of the warranty. The HBW Sales Rep is responsible for selling and servicing the warranty. HBW Sales Reps are available to make joint calls to the builder either before or during the presentation of the CGL quote. HBW Sales Reps will provide leads to the agents on builders enrolled into the HBW program who are not in the APP. 16
Warranty Products Types of Warranty Products offered with each APP Product: Fully insured 2-10 Warranty Surety Coverage for 2 yrs and Framing and Foundation Structural Coverage for 10 years* Builder Backed Warranty (Uninsured warranty cannot be used for homes above $1 mm in total value or for homes located in CO, TX and MS) Priced very reasonable Structural Framing and Foundation Warranty For commercial and apartment exposures with framing and foundation structural defect coverage for 10 years* *The 2-10 Structural Warranty provides coverage for subsidence/soil movement where many other structural warranties do not 17
State Availability Admitted and Non Admitted 18
State Availability CGL Admitted Product Offered in AL, AZ, KS, MO, NM, OR, UT & WA. CGL Non-Admitted Product Offered in all states except NY, HI, AK and NV Builders Risk Offered in AL, AZ, CA, FL, GA, IL, IN, KS, LA, MD, MI, MN, MS, MO, NJ, NM, NC, OH, OR, PA, SC, TN, TX, UT, VA, WA 19
Conclusion 20
Conclusion APP offers the comprehensive protection against construction defect claims and litigation Under the APP, the homebuilders legal construction defect obligations are captured in a contract (contract law) versus tort law. The residential homebuilder is protected against costly construction defect litigation by conciliation and the Federal Arbitration Act. APP provides tested sales and subcontractor agreements APP provides broad and competitive CGL and Builders Risk insurance 21