Pro active Risk Management What the Clubs are doing to prioritise risk and reduce claims International Marine Claims Conference September 2013 karl.lumbers@thomasmiller.com 1. What is the Club doing 2. What is the industry driver for proactive risk assessment i. ii. iii. Money Culture change Regulation 3. What is risk 4. What can be done (practically) to reduce risk i. ii. iii. iv. What does P&I do best New claim structure What is the best use of that structure What is the advantage of a risk based inspection 5. Conclusion 1. What is the Club doing • Bringing together the work of the • • • • • Claims execs Underwriters Ship Inspectors Loss Prevention …….. and Members “In a more focused way” • How • Initially • • • • Analysis work of the 80’s/90’s Ship quality/benchmarking work of the 90’s Human Error/Latent Failure work of the late 90’s/00’s The Risk Profiling of 00’s • Why • Less claims/Less premium 2. What is the industry driver for proactive risk assessment Profit Culture change Regulation i. “Profit” It’s not just about less claims/ less premium • • • • • Increased Insurance Costs Increased Management Costs Loss of Image/Reputation Loss of Business Loss of Profit Shipowners generally not philanthropic In business to make a profit for themselves, their shareholders/investors But also under pressure to prove themselves (culture change) ii. “Culture change” Not only are we now living in a world where there is less money in the system We now live in a “Show me” rather than a “Trust me” world I’m a Doctor, Police officer, MP just does not work in todays society Marine Industry - No different Charterers want to see evidence Authorities want to see evidence Courts want to see evidence Trust me I’m a large well established quality ship owner just does not work anymore SHOW ME !!! iii. “Regulation” ISM Changes As from 1st July 2010 Port State Control want to see even more 1.2.2 Safety management objectives of the company should inter alia (establish safeguards against all identifiable risks) New assess all risks to its ships, personnel and the environment and establish appropriate safeguards. More pressure, than ever before, on todays shipowner to show he is in “control” of his risks 3. So what is risk Different things …….. to different people Risk can be expressed by the general formula: Risk = Frequency x Consequence In insurance terms number x value of claims This formula gives you the ability to prioritise 120,000 Personal Injury Collision 100,000 Value US$ 1 2 80,000 Low Frequency High Value High Frequency High Value Low Frequency Low Value High Frequency Low Value 60,000 FFO 40,000 3 Cargo 20,000 Fines 0 0 1 2 3 4 5 6 7 8 9 10 11 12 Number of incidents by risk type 13 14 15 16 17 Number and value of large claims by …… Cause of claim Port of incident Type of injury Type of accident Where accident occurred Time of day accident occurred Nationality of person injured Type of illness Type of cargo Type of damage to cargo Port cargo damaged in Port cargo loaded Port cargo discharged How was cargo damaged Who was responsible Etc ……………. slide 21 As insurers we are risk managers So we do need to do something about it 4. So what can be done (practically) to reduce risk when money is tight i. ii. iii. iv. What does P&I do best New claim Structure What is the best use of that structure What is the advantage of a risk based inspection i. “What does P&I do best” The strength of the P&I system Is its ability to measure damage caused by 90% of the worlds blue water fleet to Assets Environment People What can we do as insurers • Not expert on running ships (22 mariners) • Can’t tell our Members what to do • We are expert on handling claims though • 600 claims 13$m a month • We use skilled claims handlers lawyers, correspondents, surveyors to investigate, underwriters to assess risk on a daily basis • We know what goes wrong – we pay for it WE KNOW THAT FOR EXAMPLE……………. Personal Injury claims now cost more than cargo claims !!! 40 35 30 20 15 10 5 G A n Un re co ve ra bl e Po llu tio io n lis Co l O FF Cr ew No n Cr ew 0 Ca rg o % 25 That the Main Cause of Large Claims is ………… 35 30 25 With an increasing input of shore person error 20 15 10 5 0 Deck Officer Error Crew Error Shore Person Equipment Failure Medical Structural Failure Error Pilot Error Mechanical Faliure Number % Value % Eng Officer Error That old ships aren’t always riskier than new…....... 25 Not just old ships that have claims 20 % 15 10 5 0 0-4 Years 5-9 Years 10-14 Years 15-19 Years 20-24 Years 25-29 Years Number % Value % 30 Years+ PI Large Claims Location of incident 0 Weather deck Engine Room Cabin Ashore Hold Galley Accommodation Drill floor Mooring Station Tw een Deck Gangw ay Lounge bar Supply boat Launch Bridge Lifeboat 5 10 % 15 20 25 PI Claims Type of Accident 0 Fall (Other) Slip & Fall Struck by falling object Strain by lifting Fall from ladder/Scaff Mooring incident Passenger Casualty Caught in machinery Strain by pulling pushing Fall/Slip from gangway Cruise cancellation Strain by holding/lifting Explosion 2 4 6 8 % 10 12 14 16 18 Collision Large Claims Type of Incident 35 30 25 % 20 15 10 5 0 Crossing One static vessel Meeting End on Overtaking Meteorological Conditions Visibility Poor Wind Sea State Good Rough 6 to 8 8 + Fair Moderate Calm 3 to 6 0 to 3 Slight Pr e sh ip m Lo ss fe st at io n In ua lity ng lo ss sin ki en tq by ic Th ef t O ve rb oa rd Sh or ta ge ec on om Lo st in at io n al da m ag e on ta m Ph ys ic et da m ag e ea t/ F or st Pu re H C W That most Large Cargo Claims are caused by water damage 25 20 % 15 10 5 0 The Clubs know what goes wrong - they pay for it BUT At the moment a lot of the data lies unstructured/unused in computers We need to pull it together Ventilator leakage Bilge line non return valve not working Liquefaction Hatch top dogs missing Draught survey error Poor quality bags Crack in tank top Tarpaulin segregation not suitable Drain pipes blocked Ballast line left open Hatch cover rubbers worn Inadequate ventilation Debris in cargo Poor design of vents De humidifiers inoperable Scupper pipe corroded Bunker tank vent pipe failure Stevedore pilferage Poor tallying High moisture content Inherent vice Smoking Hydraulic leakages Bills not in accordance with Mates receipts How ? ii. “Develop a claim structure” By using a simple tried and trusted methodology Threat & Consequence Analysis Some people call it bowtie Hazard Recovery Release preparedness Impacts/Consequences Causes/Threats Preventive controls • To prevent the release of a hazard we need to have controls in place to reduce the risk of that upset, and we need to have recovery measures identified to stem the consequences if the hazard release causes an serious incident to develop. Who is using this Methodology Let’s put this into a marine context …….. We know that Risk = Frequency x Consequence So from the graph below we can see the number of claims (red) x value (blue) But we have to prioritise – we can’t solve all the problems at once Water damage is clearly high risk 25 20 15 10 5 sh ip m io n ta t fe s In en tq sin ki Pr e Lo ss by ic ec on om ua lity ng lo ss ef t Th Pu re ge O ve rb oa rd Lo st Sh or ta da m ag e ea t/ F or st in at io n H on ta m Ph ys ic al C et da m ag e 0 W • • • So lets have a look at this in marine terms 25 20 15 10 5 io n ta t fe s In en tq sin ki sh ip m Pr e Lo ss by ic ec on om ua lity ng lo ss ef t Th ge Sh or ta da m ag e O ve rb oa rd Lo st Pu re H ea t/ F or st in at io n al Ph ys ic on ta m C et da m ag e 0 W • We know that one of the HAZARDS of carrying cargo is that it can get damaged • We know that one of the THREATS that can cause damage is water. • We know that the CONSEQUENCE of water damage to cargo is invariably a claim • This is not rocket science owners already know this and they have lots of CONTROLS in place to prevent the damage occurring in the first place and lots of CONTROLS in place to reduce the extent of damage once it has occurred • So let’s develop this basic methodology • So we can • Record the Threats, Consequences and Controls relevant to the Club’s claims • In a consistent/repeatable manner so we can provide a ongoing benchmark against which to measure risk • Build up a history for reference • Show the problems clearly to everyone from ship to boardroom • Prove to others that Members are in control of their risks Industry needs this as we know ……………….. “You can’t manage what you can’t measure” So this is our basic claim structure Hazard Something that has the potential to cause a P&I incident Threat Consequence Something that if not controlled could cause a P&I incident What is the monetary cost to the Club (think claim) Carriage of Cargo by Sea Cargo by sea Loss/Damage to Cargo Controls Controls Something which reduces the possibility of that threat causing an incident/event, something which we see fail and cause claims What things should be in place to mitigate the cost of that claim once the incident has occurred What are we checking How effective is that control, are there failures just waiting to happen (latent) • Of course water is not the only THREAT which if not CONTROLLED could cause a claim we also have • • • • • • • Cargo Securing Theft/Shortage/Quantification errors Contamination/infestation Ventilation errors Pre shipment quality of cargo Fire Stability error To name a few Hazard Carriage of cargo by sea (Bulk Carrier) Carriage of Cargo by Sea Threat Something that if not controlled could cause a P and I incident Loss/Damage to Cargo Incident Consequence (think claim) What is the monetary cost to the Club Full Cargo Risk Profile (Bulk Carrier/General/Reefer) Full Cargo Risk Profile (Bulk Carrier/General/Reefer) Full Cargo Risk Profile (Bulk Carrier/General/Reefer) “So we now have a structure for what causes all of the Club’s claims !!!” How do we use it Well……… • With the help of our claims executives and underwriters we know what has gone wrong (Risk Profiling) Club/Individual Members/Individual Ships and the cost to the Member/Club, we know those THREATS we see most often • We know from the Club’s Human Error Project that most claims arise from accidents “just waiting to happen” (Latent Failures) and usually in one of 11 areas of operation (See No Room for Error). Coupled with our claims handlers knowledge/experience and in depth analysis of our claims we can determine those CONTROLS most likely to fail. • SO if we know the THREATS and understand the CONTROLS that usually fail our technical staff all ex Masters/ Ch Engs can use their experience to assess the effectiveness of those controls With their experience and over 2000 reference points developed from the system with our claims handlers Each control is rated 1-5 Carriage of Cargo by Sea Loss/Damage to Cargo Is there a dedicated cargo care officer Is there a cargo watch system in place Is there an efficient communication system between ship/shore Does cargo officer know who is in charge of stevedores Are names/responsibilites of shore people known/logged Is there a procedure in place for bad weather rain/wind What procedures are in place for clausing mates receipts Is a rough cargo log book kept Is quality of dunnage checked (unseasoned) Is cargo stored/protected from ships side/tank top if needed From in depth analysis of 23 years of claims Have identified • 6 Primary Risk HAZARDS • 76 Common THREATS which if not contained could cause an incident • 450 CONTROLS which need to be in place and effective if the THREAT is to be contained We now have a verifiable/transparent/structured risk assessment system based on solid claims data We know 13$m of claims is caused by one of iii. So how do we use it for the benefit of our Members At present - Short form visits Summary of findings discussed with crew Future - to use it to work closer with Members where claims trends indicate an issue iv. “What is the advantage of a risk based inspection” Risk Based Inspection - Benefits • Inclusive • Involves all in the chain – – – – – • Structured • • • • • Focus on those claims that cost the Club money Focus on the real causes of claims Enables best use of resources - manpower/money Flexible • • • Discipline - a system to follow, repeatability History - learning from mistakes Benchmarking – comparability (shows how good your controls are against a Club average) Verification - proof you are in control – Charterers, Authorities, Courts Concentrates effort • • • • Member’s crews - sharp end, dealing with the problems day to day Claims handlers - who investigate and manage the problems/claims Underwriters - who assess and rate the financial risk Loss Prevention - who try to reduce the risk, “risk profiling” Ship inspectors – who are the link between ship and shore, assessors Not prescriptive - easily changed, not penalty driven (PSC) Current - follows claims trends Proactive • • Concentrates on accidents waiting to happen (latent flaws) by assessing CONTROLS Identifies areas for improvement 5. Conclusion We now have a STRUCTURED system to PINPOINT & REDUCE “AVOIDABLE” expense which can be SHARED with our MEMBERS Pro active Risk Management What the Clubs are doing to prioritise risk and reduce claims International Marine Claims Conference September 2013 karl.lumbers@thomasmiller.com