Cost Allocations for Construction Insurance and Risk

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Cost Sensitivity, Recognition and Allocation for Construction

Insurance & Risk

C

2

: Cost of Risk Dynamics in 60

Minutes or Less

Charlie Woodman, CPA

Caroline Keonraad, CPCU

Risk Finance Advisory

Willis National Construction

2012 Willis Construction Risk

Management Conference

September 20, 2012

Intro

• With increased competition, the dynamics of the bidding process is becoming more critical as are the recovery of costs where allowed

• Insurance and risk management costs are a significant and, often, highly variable element in project profitability, especially where loss retentions are assumed and insurance rates are in specific or cyclical flux

• Establishing realistic risk cost ranges provides greater flexibility in job costing / traditional costing to aggregate levels erodes competitiveness

• Components to always consider and factor into a costing rate:

• Program costs with ultimate expected and adverse loss performance

• Un(der) insured high severity adverse loss risk margins

• Insurance renewal fluctuations especially where projects are long-term

• Insurance program minimums and exposure-based premium adjustments

• Administrative and internal risk management costs

2

Construction Industry Somewhat Unique

• All value is added to the engineering and construction process by managing risk

• Two broad categories of risk

• Fortuitous: Insurance Costs

• Commercial/Technical

• Managing commercial and technical risk is what engineers and contractors do best

• Design / Cost / Schedule / Quality

• Subcontractor performance

• Some engineers & contractors also manage fortuitous risk well and increase their margins at both the corporate level and the project level

Risk Transfer + Risk Retention + Admin = Insurance Costs

• Risk Transfer: Contractual

Insurance

• Risk Retentions

• Deductibles

• Property

Fixed Property

• Builder’s Risk

• Equipment

• Casualty, including Legal Defense

• Self-insured Retentions

• Un(der) insurables: Rework / Rip & Tear, etc.

• Business Risk

• Legal Defense

• Workers’ Compensation

• General Liability / Casualty

Umbrella

• Professional and Pollution

Liability

• Subcontractor Default

• Administration

• Safety Operations

• Claims and Defense Management

• Compliance

• Time

• Transaction Costs

All These Can Exhibit Variability To Some Extent

Discussion

• Financial Recognition of Losses and Contingencies (Expenses)

• Costing Dynamics

• Expected Losses & Retentions

• Adverse Loss Sensitivities

• Severity Exposures

• Insurance / Risk Transfer Costs

• Internal Costs

• Issues and Considerations

5

Basic Elements of Cost of Risk: Not To Proportional Scale

Expected Losses within

Deductible

Taxes

Insurance Premiums

Brokerage Commissions or Fee

Uninsured Losses

6

Loss Adjustment

Expense

Regulatory

Compliance

Adverse Losses within Retention

Legal Expenses

Cost of

Reinsurance,

Imbedded

Administrative

Costs

Risk Control

Economics of Insurance: Typical Commercial Insurance – 1

st

Dollar / Guaranteed Cost

• Components of Traditional

Insurance:

 Expected loss and ALAE

Taxes and regulatory fees

 Overhead and administration

Insurer selling and distribution expense

 Reinsurance and

Intermediary charges

Risk Margins

 Surplus charges

Risk Based Capital offsets

Profits & Losses

55 -75%

Fixed (25%-35%)

Insurance Company

Overhead, Taxes,

Reinsurance Cost,

Commission

Profits & Investment Income

Underwriting Profit and

Investment Income Accrued by

Insurance Company and or

Reinsurer

Odd Variable

 Risk Margins

 Surplus & RBC

7

Insurance Program Risk Costs with Large Deductibles /

Retentions

Incurred Losses: The Variable Stuff

65% – 90+%

“Fixed

Costs”

Fixed

• Risk Transfer

• Taxes

• Safety & Claims

Mgmt

• Loss Control

• Admin & Compliance 8

Losses: the 800 Pound Gorilla Sitting In The Corner

• Make up the vast majority of insurance cost uncertainties

• In Guaranteed Cost: Standard Premium including Experience Mods

• In ‘Loss-sensitive Programs’ : Deductibles and Retentions

• Losses = Pure Loss (claimant satisfaction costs) + Loss Adjustment

Expense (loss reconciliation activity costs)

• Losses and their uncertainty broken down into two (2) types

• Frequency / Burning Losses: Actuarially Predictable – WC / GL / AL

• Admin vs Self-perform GC

• Severity / Adverse / Catastrophic Losses: Tougher to Predict - PL / Comp Op / SDI

• Generally, loss intensity grows with time

We can measure outcomes / pose “what ifs” / Apply Portfolio

Approaches

9

First: Financial Reporting of Losses for Contractors

• Financial Reporting is expense recognition which is a reactive activity

• Costing is a rationalization activity which is a proactive activity

• Financial reporting is the responsibility of Owners, CFOs, Management,

Controllers and Independent CPAs - all share the risk

• Reliance by various users on financial statements:

• Sureties

• Banks and finance companies

Regulatory boards - licensing

Owner and prime contractor prequalification

• Suppliers

• Stockholders (owners)

Joint venture partners

• Costing is the responsibility of various technical areas combining to establish reasonable expectations of project costs

10

Intro To Losses

• A Loss is the Paid (to date) + Claim (Case) Reserve + Incurred-But-Not-

Reported (IBNR)

• What is a Loss Reserve?

• Amount necessary to settle unpaid claims

• Case Reserves

• Claim reported but not yet paid

• Assigned a value by a claims adjuster or by formula

• IBNR reserves include: Most difficult to measure and justify

• Reserves for claims not yet reported (pure IBNR)

• Claims in transit

• Development on known claims

• Reserves for reopened claims

Loss Characteristics by Line

• Emergence (E) vs. Settlement (S)

Builder’s Risk

A E

Automobile Liability

S

A E S

Completed Ops / Defect / Statute of Repose (Included in SDI)

A

Workers Compensation

A E

E S

S

Basic Loss Measurement Techniques:

Definitions

• Sometimes solely Industry-based

• Composite to Insurer Expectations

• Loss Development Method using Historical Patterns

• Triangles

• Compiled to measure the changes in cumulative claim activity over time in order to estimate patterns of future activity.

• Loss Development Factor

• The ratio of losses at successive evaluations for a defined group of claims (e.g. accident year).

• Loss Sensitivity Simulation (discussed later): Not Used in Construction

That much

Basic Reserving Techniques:

Application of Paid LDM: Land of Actuaries.

LDFs

24-36

Evaluation Interval in Months

36-48 48-60 60-72 12-24

1.800

1.235

1.134

1.085

1.052

72 to

Ultimate

1.070

Accident

Year

1995

1996

1997

1998

1999

2000

12

3,780

4,212

4,901

5,708

6,093

6,962

Cumulative Paid Los s es ($000 Omitted)

Development Stage in Months

24

6,671

36

8,156

48

9,205

60

9,990

7,541

8,864

10,268

11,172

12,532

9,351

10,987

12,699

13,797

15,477

10,639

12,458

14,401

15,646

17,550

11,536

13,517

15,625

16,976

19,042

Sample Calculations for Accident Year 2000:

At 24 Months :

At 36 Months :

12,532 = 6,962 x 1.800

15,477 = 12,532 x 1.235

or 15,477 = 6,962 x 1.800 x 1.235

72

10,508

12,136

14,220

16,437

17,859

20,032

12 to Ult

3.079

Cumulative Development Factors

24 to Ult

1.710

36 to Ult 48 to Ult 60 to Ult

1.385

1.221

1.126

72 to Ult

1.070

Final

Total

Cos t

11,244

12,985

15,215

17,588

19,109

21,435

Recognition of Losses: Rule

• A loss or group of losses is recorded only when (FAS 5):

• The likelihood of actual loss is probable, AND

• The amount of the loss is reasonably subject to estimation.

• If reasonable estimates of loss or losses produces a range of equally likely outcomes – (FIN 14) book the minimum.

• Treat the tail of claims-made expected losses as unlimited loss(es) regardless if a new policy will likely be purchased.

• Importance

• A company cannot set aside reserves for a loss it believes might occur before it actually happens.

• If a loss occurs, a company must recognize the full value of the loss as an expense on its financials in the accounting period in which it knows of the event

• Actual payment reduces a reserve; should not effect earnings.

15

Probability

• Remote – the chance of the future event or events occurring is slight

Reporting Action: Do nothing or

ID as a Risk of Business, if large, in MD&A

• Reasonably Possible – the chance of the event or events occurring is more that remote but less than likely

• Reporting Action: Disclose in

Notes

• Probable – the future event or events are likely to occur

• Reporting Action:

• If Measurable: Book to Financials:

Disclose in Notes

• If Immeasurable: Disclose in

Notes under “Claims, Lawsuits and Other Contingencies”

16

Potential FASB change

– “Remote”, if significant, must be disclosed.

Now Costing: Why Cost Accounting is So Important

• It Helps In:

• Bidding

• Determining problem projects

• Supporting change order pricing

• Claims process

• Reconciling job costs to financial reports

• Making better decisions

• Making “expansion” less frightening

• Supporting Audits

• Commercial

• Governmental

Tax

17

Risk & Insurance Costing - Current Trends and Observations

• Meet The “Somes”

• Some contractors only include the cost of insurance premiums in their accrual models without loss consideration.

• Some include the aggregate of total costs and loss exposure (even beyond).

• A contractor’s Total Cost of Risk can include the following:

• Insurance premium costs

• Safety & loss control costs

Cost of having risk management staff

Claim costs within deductible layers

• Un-recovered legal expenses

• Uninsurable or self-insured risks

• This trick is developing a methodology for quantifying your cost of risk while validating those costs for owners

• And provide you a competitive advantage or wiggle room when bidding or negotiating projects 18

Effects of Adverse Losses on Project Profits

Costing Tolerance

Profitability At Risk

Expected

Losses

Unexpected Losses

Stress Losses

Loss(es) Severities

Insurance Cost (including Loss Costs) Allocation

Fixed Expenses

Risk Transfer Premiums

Program Administration

Safety

Brokerage Fee

Project #1

Project #2 Ins Cost

Allocation

Project #3

Variable Expenses

Retained Losses

Loss Adjustment Expenses

Maximum/

Aggregate Loss

Current

Loss

Accruals

Actuarial

Expected Loss

Potential Profit

Loss

Expected

Losses

Risk/Coverage

Description

Workers Comp

Deductible Funding

Primary CGL

Deductible Funding

Primary Auto Liability

Deductible Funding

Umbrella

1st Layer

2nd Layer (Excess)

3rd Layer (Excess)

4th Layer (Excess)

5th Layer (Excess)

Professional & Pollution Liab.

Deductible Funding

Professional Excess

Builders' Risk/DIC

Contractors Equip.

Deductible Funding

Fiduciary Liability

Excess Fiduciary

Directors & Officers Liab.

Employee Dishonesty

Excess Employee Dishon.

Employment Practices Liab.

Excess Layer

Deductible Funding

Risk Management

Safety Administration

Claims Administration

Brokers Fee

Auto Physical Damage

Total:

Typical Practice: Internal vs Market-Based Costing

Limits

Statutory

$2MM/$5MM

$1MM

$50MM

$25MM xs $50MM

$25MM xs $75MM

$25MM xs $100MM

$200MM xs $125MM

$10MM

$25MM xs $10MM

$1MM

9xs1

$10MM

$1MM

4xs1

10

65xs10

Insurance

Program Cost

3.2390%

8.1429%

1.3192%

4.1429%

0.5685%

1.4286%

INTERNAL COST OF RISK

$1,133,639

$2,850,000

$461,736

$1,450,000

$198,980

$500,000

Notes

MARKET COST OF RISK

Allocation

Cost

$4,382,003 Premium w/ $250k ded.

12.5200%

Deductible Loss Pic

Premium w/ $250k ded.

Deductible Loss Pic

6.0083%

Premium w/ $250k ded.

Deductible Loss Pic

2.1968%

$2,102,910

$768,878

Notes

1st Dollar Standard Policy Premium

First Dollar Cost

First Dollar Cost

1.7000%

0.3743%

0.2250%

0.1589%

0.0000%

$595,000

$131,000

$78,750

$55,619

$0

Policy Premium

Policy Premium

Policy Premium

Policy Premium

Self Insured

0.9221%

0.5590%

0.0000%

0.0000%

0.2032%

0.0714%

0.0000%

0.0243%

0.0000%

0.0000%

0.0189%

0.2100%

0.3429%

0.2143%

0.8388%

2.4314%

0.4514%

0.7971%

0.0000%

$322,742

$50,000

Premium w/ $100k ded.

Deductible Loss Pic

$0 Included in 2nd Layer (Excess)

$0

$71,103

$25,000

Risk Transfer-Per Job

Premium w/ $25000ded.

Loss Pic

Self Insured $0

$8,500

$0 Self Insured

Self Insured $0

$6,600

$73,500

$120,000

$75,000

$293,580

$850,999

$158,000

$279,000

$0

Per Contract with Willis

Self Insured

28.3840% $9,788,748 Total Internal Cost

1.7000%

0.3743%

0.2250%

0.1589%

1.0000%

1.1342%

0.1429%

0.0374%

0.0000%

0.2032%

0.0714%

0.0214%

0.0243%

0.2143%

0.0155%

0.0189%

0.2100%

0.3429%

0.2143%

0.8388%

2.4314%

0.4514%

0.7971%

31.3527%

$595,000

$131,000

$78,750

$55,619

$350,000

$396,973

$50,000

$13,100

$0

$71,103

$25,000

$7,507

$8,500

$75,000

$5,437

$6,600

$73,500

$120,000

$75,000

$293,580

$850,999

$158,000

$279,000

$89,900

$10,973,459

Policy Premium

Policy Premium

Policy Premium

Policy Premium

Market Indications

First Dollar Cost

Deductible Loss Pic

Market Indication

Risk Transfer-Per Job

Premium w/ $ 250000ded.

Based on historical experience

Actual Cost for $1mm

Market Cost for $9mm xs $1mm

Market Cost Indication for $10mm

Actual Cost for $1mm

Market Cost Indication

Market Cost Indication

Market Cost Indication

Per Contract with Willis

Market Cost Indication

Total Market Cost

Loss Pic

Department Costs

Department Costs

21

Let’s Get Back to Cost Volatility or Uncertainty

• The traditional definition of cost of risk has four basic components:

• Insurance purchased

• Retained losses, including claims management costs

• Risk reduction initiatives

• Administration

• = Costs to be divided by Exposures (Project Values / Total Revenues / Total Payroll)

• = Assumed Insurance Rate

• End of Story?

• This traditional definition ignores a key component of cost of risk: the cost of volatility.

22

Let’s Look at Loss Characteristics using Retention Levels As

Illustrations

P r o p e r t y - P r o b a b ilit y D is t r ib u t io n

14%

12%

10%

8%

6%

4%

$500,000 Retention

$1,000,000 Retention

2%

Unlimited Retention

0%

-

75

0,0

00

1,

50

0,0

00

2,

25

0,0

00

3,

00

0,0

00

3,

75

00

0,0

4,

50

0,0

00

5,

25

0,0

00

6,

00

0,0

00

6,

75

0,0

00

7,

50

0,0

00

8,

25

0,0

00

9,

00

0,0

00

9,

75

0,0

00

10

,50

0,0

00

,25

0,0

11

00

12

,00

0,0

00

12

,75

0,0

00

13

00

,50

0,0

14

,25

0,0

00

,00

0,0

15

00

Losses / (Gains)

Unlimited $500K Retn $1MM Retn

Multi-Risk Comparison

P r o b a b ilit y D is t r ib u t io n s - I n d iv id u a l R is k s

14%

12%

10%

8%

6%

4%

Auto Liability

Builders Risk

Workers Comp

Professional Liab.

2%

0%

0

75

0,

00

0

1,

50

0,

00

0

2,

25

0,

00

0

3,

00

0,

00

0

3,

75

0,

00

4,

0

50

0,

00

0

5,

25

0,

00

0

6,

00

0,

00

6,

0

75

0,

00

7,

0

50

0,

00

0

8,

25

0,

00

0

9,

00

0,

00

9,

0

75

0,

00

10

0

,5

00

,0

11

,2

00

50

,0

12

00

,0

00

,0

00

50

,0

12

,7

13

,5

00

00

,0

14

00

,2

50

,0

00

00

,0

15

,0

15

,7

00

50

,0

16

00

,5

00

,0

00

50

,0

17

,2

00

Losses / (Gains)

Prop. @1MM W.C. @1MM Prod. @1MM Auto @1MM

Portfolio Effect

P r o b a b i l i t y D i s t r i b u t i o n s - Al l Li n e s

10%

9%

8%

7%

6%

5%

4%

3%

Retained Risk @ 85th Percentile

Risks Treated In Combination

Retained Risk @ 85th Percentile -

Risks Treated In Isolation

-

2%

1%

0%

15

,00

0,0

00

16

00

,50

0,0

18

,00

00

0,0

19

,50

0,0

00

21

,00

0,0

22

00

,50

00

0,0

24

,00

00

0,0

25

,50

0,0

00

27

,00

0,0

28

00

,50

00

0,0

30

,00

00

0,0

31

,50

0,0

00

33

,00

00

0,0

34

,50

0,0

00

36

,00

0,0

37

00

,50

00

0,0

39

,00

00

0,0

40

,50

0,0

00

42

,00

00

0,0

43

,50

00

0,0

45

,00

0,0

00

46

,50

0,0

48

00

,00

00

0,0

49

,50

0,0

00

Losses / (Gains)

All Lines- Treated as Combined All Lines- Treated as Separate

Loss Sensitivity Simulation

Outputs Item

Simulation#

Statistics / Cell

Minimum

Maximum

Mean

Standard Deviation

Variance

Skewness

Kurtosis

Number of Errors

Mode

45%

50%

55%

60%

65%

70%

75%

80%

5%

10%

15%

20%

25%

30%

35%

40%

85%

90%

95%

Losses at $250,000 per Occurrence

1

3,264,992

8,585,279

5,297,963

680,733

463,397,165,442

0.259430

3.028987

-

4,837,020

4,231,137

4,427,777

4,584,207

4,710,057

4,825,061

4,916,320

5,009,401

5,098,429

5,182,846

5,271,783

5,356,573

5,454,766

5,543,744

5,636,479

5,738,704

5,859,217

5,997,048

6,193,518

6,475,948

NA

26

Expected Losses

Aggregates usually > 95%

Insurance Costs / “Fixed” Components

Cost elements

WC Fixed

GL / Comp Ops Fixed

CPPI Fixed

Builders Risk

Umbrella

TPA and 3rd Party Admin

Loss Control & Safety

Other general overhead

Base case $k Minimum Most Likely Maximum Minimum Most Likely Maximum Sampled

2,000 90% 100% 125% 1,800 2,000 2,500 2,050

5,000

4,000

2,000

90%

90%

90%

100%

100%

100%

125%

125%

125%

4,500

3,600

1,800

5,000

4,000

2,000

6,250

5,000

2,500

5,125

4,100

2,050

1,000

500

1,500

2,500

90%

90%

90%

90%

100%

100%

100%

100%

125%

125%

125%

125%

900

450

1,350

2,250

1,000

500

1,500

2,500

1,250

625

1,875

3,125

1,025

513

1,538

2,563

16,650 18,500 23,125 18,963 Total 18,500

Use of @RISK statistics for key outputs (run simulation for these to be valid):

Probability of meeting value of 18500 15.0% 18,500

Total budget required for 95.0% confidence

19,675 95.0%

Contingency required for 95.0% confidence

1,175

27

Graphic Output

28

Dynamic Financial Modelling with Cost of Risk

• I can now take

• Expected Losses

• Loss Variability

• Severe Loss Probability and

Tolerances

• Fixed Cost Variability over Time

And Combine Them Into a Range of Reasonable Insurance Cost

Rates

“C

2

” Process

29

Special Consideration: Federal Contracting

• Key regulation* for accounting for insurance costs:

• Cost Accounting Standard (CAS) 416, Accounting for Insurance Costs

• Cost Accounting Standard (CAS) 403, Accounting for Home Office Costs

• FAR 31.205-19, Insurance and Indemnification

• FAR 31.201-5, Credits

• FAR 28.3, Insurance

• When to evaluate your current accounting practices for insurance costs?

• Contracts will be CAS covered

• Contracts subject to Federal Acquisition Regulation 31.205-19, Insurance and Indemnification

*Full text of FAR clauses can be found at https://www.acquisition.gov/far/index.html

Full text of Cost Accounting Standards can be found at http://www.access.gpo.gov/nara/cfr/waisidx_01/48cfr9904_01.html

30

Special Considerations & Challenges

• Profitability offsetting between projects

• Contract where “deductibles” are borne contractor; language clarity is essential

• Use of insurance quotes to support insurance costs – Basis Risk

• Use of Loss Exposure Aggregates limits as costing levels

• Multi-state differences in retentions or limits / sub-limits

• Monopolistic states

• Incurred and Paid Loss Retrospectively-rated Insurance

• CCIP minimums and insurance cost timing

• CPPI where contract allows Pollution but limits Professional

• Project-specific coverage cost reimbursement disallowances

• Workers Compensation costs – General Conditions (Auditable Labor Burden) and Admin / Fees (Profit Eroding)

• Defect / Completed Operations /DIC

• Subguard / SDI

31

Questions & Thank You

Charlie Woodman, CPA

Caroline Keonraad, CPCU

Risk Finance Advisory

Willis National Construction

2012 Willis Construction Risk

Management Conference

September 20, 2012

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