Alternate Risk Transfer (ART) - Insurance Strategies

Home
>
Insurance
>
Alternate Risk Transfer (ART) - Insurance Strategies

Alternate Risk Transfer (ART) - Insurance Strategies

Risk Management

Alternate Risk Transfer is a fancy way of saying alternate methods of insurance and risk management, of which there are many. From the most basic alternative of going without insurance (self-insuring) to so-called "program business captives", there are a wide variety of strategies from which to choose.

To understand why ART strategies are so popular it is important to understand a few facts about insurance pricing.

►Insurance Premiums are related primarily to economic cycles NOT primarily to claims.

"The claims that recent increases in medical malpractice liability insurance premiums in Connecticut are attributable to overly generous jury verdicts are unfounded. The more likely explanation for the sudden rise in rates is the decrease in investment earnings of the medical malpractice insurers?" Professor Tom Baker, Director, Insurance Law Center, University of Connecticut School of Law

Every time insurance industry profits decline sharply, the industry declares an "insurance crisis" - rates go up sharply, deductibles rise and underwriting guidelines tighten.

►Insurance Premiums have risen much faster than claims.

Median medical malpractice payments rose 35 Percent from 1997 to 2001 (an average of 8.5% a year). Average premiums for single health insurance coverage increased 39 percent over that time period (9.5% per year). (Source: National Practitioner Database)

►A small number of insured may be responsible for a large percentage of losses.

National Practitioners Database:

For example, in Florida, 6% of the doctors were found to be responsible for 51% of the malpractice claims. 2,674 out of 44,747 doctors have paid two or more malpractice payments. These doctors are responsible for 51% of total malpractice payments.

24 Florida physicians have paid 10 or more malpractice settlements since 1990.

Needless to say, the 94% pay for the poor claims experience of the 6%. ART Strategies

Conventional insurance markets are one-year indemnity contracts designed to transfer specific hazard risks. Typical features of an ART strategy are:

►Multi-year, multi-line coverage

►Coverage tailored to special need of insured

►Provides coverage not generally available in the marketplace

►Risk retention by insured

There is a multifarious trade-off between risk retention, complexity and cost among the various different ART strategies. Not surprisingly, the plans with the least risk, complexity and expense generally provide the least benefit. As more risk is retained, the greater and greater benefits can be obtained. Of course, complexity and administrative expenses grow as well. Windward Harbor can help you find, execute and manage the right strategy for you. We have listed the basic ART strategies below.

►Guaranteed Cost Insurance Plans

Traditional insurance coverage.

►Loss Sensitive Insurance Plans

Insurance coverage for a specific insured where the final premium is based on the insured's losses.

►Risk Purchasing Groups (RP's)

Risk Purchasing Groups were created by the Liability Risk Retention Act of 1986. The purpose of the act was to break through the myriad of state insurance regulation in the hopes of making it easier for groups to purchase liability insurance. The act allows groups of individuals combine to purchase liability insurance while prohibiting states (regulators) or insurance companies from discriminating against them.

►Self-Insured Retention Plans (SIRS)

The primary difference between a deductible and a self-insured retention is that a deductible amount counts against the total limits of the policy, reducing total coverage, whereas a self-insured retention plan provides limits of coverage in excess of the self-insured retention so that the amount payable under the policy is not reduced by the amount of the retention.

►Protected Cell Captives (Segregated Portfolio Companies)

PCCs (SPC's in certain domiciles) are essentially rent-a-captive companies that ensure complete separation among program participants. According to the laws of specific domiciles, PCCs or SPC's generally guarantee complete separation of each cell's assets, capital, and surplus from each other. Because they can achieve economies of scale, rent-a-captives make captive insurance affordable for companies that would not otherwise be large enough to profitably own and operate their own captive. Windward Harbor LLC owns a BVI licensed Segregated Portfolio Company - Windward Harbor SPC Ltd, which provides rent-a-captive services for selected clients on an annual fee basis. Each segregated portfolio has its own economic ownership, tax Id number and files a separate tax return.

►Self-Insured Groups & Pools (SIG's)

While the concept differs slightly from state to state, SIGs work similarly in the nearly 40 states in which they are legal. A group of employers form a nonprofit corporation or trust and hire a professional to manage it. This new entity then purchases the insurance, meaning the SIG members essentially "own" their own workers' comp company.

The group pools the money it otherwise would pay an insurer, earning investment income on funds held in reserve. If a SIG program cuts down on workplace injuries and claim costs, the surplus, or "dividend," from premiums is returned to members.

Of course, if a company or the group as a whole has catastrophic losses, members pay the difference, up to a limit. Above that point, the group buys excess insurance to offset a single large loss or a combination of losses.

►Captives (See Captive Services)

A captive insurance company is an insurance company that is owned and controlled by its insureds. According to Captive Insurance Companies Association (CICA), the first captive ever formed was in the late 1800s, and was designed to write more cost effective fire insurance policies for New England textile manufacturers that were hit hard by increasing market rates.

Captives gained popularity in the 1980s as a result of the US liability crisis, particularly in the medical arena.

As captives have continued to grow over time, employers are considering employee benefits as a new or expanded coverage. The more recent hard market and changing economy is expected to spur even more and rapid industry growth yet this year.

Single Parent (Pure) Captive: A single parent captive is owned and controlled by one owner, typically the parent organization, and is formed as a subsidiary company. The captive subsidiary underwrites policies for the parent, and solely bears the risks of the parent.

►Group Captive: A group captive is owned and controlled by multiple insureds. They may or may not be related entities or a part of a homogeneous group like industry or trade groups. Typically, companies of similar size pool their risks in an industry captive with customized insurance plans. Similarly, companies of similar size in different industries can also form group captives to enjoy the benefits of a captive model. More recently, associations have been forming association captive insurance companies to offer captive services as part of their membership benefits.

►Agency Captive: Agency captives are companies typically owned by groups of brokers or other insurance intermediaries and are typically structured like rent-a-captives.

►Risk Retention Groups

Risk Retention Groups were also created by the Liability Risk Retention Act of 1986, which provides for streamlined regulation. A RRG is an insurance company in every regard but has one very important regulatory distinction. Every RRG chooses a single state in which to be domiciled and regulated. The act provides that the RRG is then eligible to do business in all states.

►Program Business Captives

Associations, regional producers and corporations who desire to assume some selected third-party exposure.

Wayne Walker, Windward Harbor Insurance Management LLC ©Windward Harbor LLC 2004

Windward Harbor Insurance Management LLC is a licensed insurance manager in the British Virgin Islands with office in Pinehurst, NC, Atlanta, GA, and St Petersburg, FL.

In The News:

Yahoo! News: Top Stories

Ill. House impeaches gov, who vows 'not to yield' (AP)

AP - The Illinois House voted overwhelmingly Friday to impeach Gov. Rod Blagojevich, setting up an unprecedented trial in the state Senate on whether he should be thrown out for abuse of power, including allegations that he tried to sell President-elect Barack Obama's vacant Senate seat.

Israel and Hamas ignore UN call for cease-fire (AP)

AP - Israeli jets and ground troops hammered at Hamas targets in the Gaza Strip and Islamic militants fired barrages of rockets at southern Israeli cities Friday, ignoring a U.N. resolution calling for an immediate cease-fire after two weeks of combat.

Jobless rate jumps to 7.2 percent in December (AP)

AP - The nation's unemployment rate bolted to 7.2 percent in December, the highest level in 16 years, as nervous employers slashed 524,000 jobs, capping one of the worst years in modern history for American workers.

Obama says his economic plan will be refined (AP)

AP - President-elect Barack Obama said Friday that he and Congress will "hone and refine" his nearly $800 billion economic recovery plan, as he seeks to patch fissures with senior Democrats over key features of the still-emerging plan.

Baltimore mayor indicted on theft, perjury charges (AP)

AP - Mayor Sheila Dixon was indicted Friday on charges that she accepted illegal gifts during her time as mayor and City Council president, including travel, fur coats and gift cards intended for the poor that she allegedly used instead for a holiday shopping spree.

Texas death row inmate pulls out eye, eats it (AP)

AP - A Texas death row inmate with a history of mental problems pulled out his only good eye and told authorities he ate it. Andre Thomas, 25, was arrested for the fatal stabbings of his estranged wife, their young son and her 13-month-old daughter in March 2004. Their hearts also had been ripped out. He was convicted and condemned for the infant's death.

Rare 'dinky' bird migrates to US for first time (AP)

AP - Birders with binoculars and cameras are flocking to a remote state park in search of a small yellow-chested bird that apparently crossed the U.S. border for the first time from its high-mountain habitat to the south.

Patrick Swayze checks into hospital with pneumonia (AP)

AP - Patrick Swayze has checked himself into the hospital for observation after contracting pneumonia, A&E President Abbe Raven announced Friday at a meeting of the Television Critics Association.

Masked man waits in line to rob Ohio bank (AP)

AP - A man may have tipped his intentions when he stood in line at an Ohio bank wearing a ski mask before staging a holdup. Police in Stow near Akron say a 24-year-old man was arrested minutes later on Thursday following a brief car chase.

AP NFL All-Pro Team includes 15 newcomers (AP)

AP - A changing of the guard Â— and tackles and running backs and receivers Â— saw 15 first-timers make The Associated Press 2008 NFL All-Pro team announced Friday. While such standbys as three-time NFL Most Valuable Player Peyton Manning and six-time All-Pro Ray Lewis made the squad, there was plenty of room for newcomers. Ten of the 14 offensive players and five of the 13 on defense had never been All-Pros.

Illinois House votes to impeach Gov. Blagojevich (Reuters)

Reuters - The Illinois House of Representatives impeached Gov. Rod Blagojevich on Friday for abuse of power, including a charge that he tried to sell President-elect Barack Obama's former U.S. Senate seat.

Israel rebuffs U.N. resolution, pursues Gaza war (Reuters)

Reuters - Israel rejected a U.N. resolution calling for a ceasefire in the Hamas-ruled Gaza Strip on Friday and warplanes and tanks pounded the Palestinian enclave.

Robert Rubin quits Citigroup amid criticism (Reuters)

Reuters - Robert Rubin, a former Treasury Secretary, resigned from Citigroup Inc on Friday following months of criticism of his performance at the giant U.S. bank, whose sinking share price led to a government rescue.

Obama team, Rep. Frank eye bailout fund overhaul (Reuters)

Reuters - President-elect Barack Obama and a key Democratic lawmaker revealed plans on Friday to overhaul the government's $700 billion financial rescue fund as a way to aid struggling homeowners and speed the flow of credit.

Jobless rate at 16-year high as payrolls plunge (Reuters)

Reuters - The unemployment rate surged to the highest in nearly 16 years last month as a deepening year-long recession forced companies to axe more than half a million jobs, government data showed on Friday.

Supreme court to decide voting rights law challenge (Reuters)

Reuters - The U.S. Supreme Court said on Friday it would consider a challenge to a central provision of the 44-year-old voting rights law aimed at preventing states and local governments from making it harder for minorities to vote.

Bank industry slams lawmaker-Citi mortgage deal (Reuters)

Reuters - A top bank industry group said on Friday that it opposes an agreement between Citigroup Inc and Democratic senators that would rewrite U.S. bankruptcy law to help troubled mortgage borrowers avoid foreclosure, saying it could make home loans more expensive.

EU seeks to finalize Russian gas monitoring deal (Reuters)

Reuters - The European Union sought to finalize details on Friday of a gas monitoring deal to allow the resumption of gas supplies to Europe via Ukraine, which have been cut off for days over a pricing row.

Defiant Israel presses Gaza offensive as toll passes 800 (AFP)

AFP - Tanks and warplanes pounded Gaza on Friday after Israel defied a truce order from the UN Security Council as the death toll from the two-week-old conflict against Hamas passed 800.

Somali pirates say they have released Saudi supertanker (AFP)

AFP - Somali pirates said Friday they had freed a Saudi-owned supertanker, whose capture nearly two months ago caused panic in international shipping and spurred the world into tougher anti-piracy action.

Alternate Risk Transfer (ART) - Insurance Strategies

Insurance Insurance