MHSA 7750 – RISK MANAGEMENT AND INSURANCE RISK FINANCING AND INSURANCE TR-5-28 RISK FINANCING Concentrates on arranging the availability of funds to meet losses arising from the risks that remain after the application of risk control. Includes the tools of • Retention • Transfer RISK FINANCING: GENERAL CONSIDERATIONS TR-5-29 Choice between retention and transfer is sometimes dictated by the first rule of risk management. • When a risk exceeds organization’s risk-bearing capacity, it must be reduced or transferred. • In some cases where the organization could afford the loss, there may still be advantages in transfer. FINANCING LOSSES VERSUS FINANCING RISK TR-5-30 Not all losses involve risk, which is the possibility of a deviation from what is expected. • If "expected" losses are $20,000 a year, but could be as much as $1,000,000, the risk is $980,000 ($1,000,000 minus $20,000). • The $20,000 predictable loss may be retained or transferred to an insurer. • The remaining $980,000 represents "risk," which may also be retained or transferred to an insurer. TR-5-31 THE COST OF FINANCING RISK Assuming a loss ratio of about 66 percent, if expected loss (that is, the average loss per insured) is $20,000, the premium will be about $30,000. • If the firm could be certain that losses would not exceed $30,000 a year, it would save by retaining the entire risk. • But losses could conceivably reach $1,000,000. • To protect against the possibility of a total $1,000,000 loss, it must maintain a liquid reserve of $980,000. 137 TR-5-32 COST OF FINANCING RISK The cost of risk is the difference in earnings on a $980,000 reserve kept in a semi-liquid form, and the return if the $980,000 were applied to the firm’s operations. If the return on funds applied to operations is 15% and the earnings on the invested reserve is 6%, the opportunity cost is $88,200 ($147,700 minus $58,800). A more complete analysis would consider the effect of taxes on both costs. TAX CONSIDERATIONS AND RISK RETENTION TR-5-33 Premiums for insurance are fully deductible by the insured. Contributions made by a corporation to a self-insurance fund are not deductible. Tax law does not eliminate the tax deductibility of self-insurance—it only forces companies to wait until they actually pay a claim before taking the deduction. TAX TREATMENT OF PROPERTY LOSS RECOVERIES TR-5-34 If the insurance recovery exceeds the book value of a destroyed asset. there is a taxable gain, to the extent the recovery exceeds book value. • This type of loss and recovery is termed an involuntary conversion and is subject special tax treatment under Internal Revenue Code Section 1033(a). • the taxpayer has the option of recognizing (and paying taxes on) the gain, or deferring taxation of the gain. TR-5-35 RETENTION Risk retention encompasses a variety of risk financing techniques. • In its simplest form, retained losses are simply paid as an operating expense like any other costs. • At the most complex level, it can involve the formation of a captive insurance company to serve as a vehicle for funding the retained losses. TR-5-36 FUNDING THE RETENTION PROGRAM Funding refers to the measures taken to ensuring availability of funds to meet the losses that occur. • When an organization elects to retain some of its risks it may be logical to budget for the uninsured losses that will probably take place. 138 • Whether the retention program should be supported by segregation of specific assets to cover losses depends on ♦ the size of the potential losses ♦ the variability in losses from year to year ♦ the availability of assets in the absence of a fund9 TR-5-37 REASONS FOR SELF-INSURANCE The main reason that firms elect to self-insure certain exposures is that they believe it will be cheaper to do so in the long run. Self insurance • avoids certain expenses associated with traditional commercial insurance • the organization’s loss experience may be better than average • investment income may be earned on loss reserves • Self-insurance can avoid the “social load” in insurance rates. TR-5-38 DISADVANTAGES OF SELF-INSURANCE Self insurance may • leave the organization exposed to catastrophic loss. • result in greater variation of costs from year to year and possible loss of tax deduction • create adverse employee and public relations in some areas. • involve the possible loss of ancillary services from insurance companies. TR-5-39 CAPTIVE INSURANCE COMPANIES A captive insurance company is an entity created and controlled by a parent, whose main purpose is to provide insurance to that parent. Two types of organizations may be considered. 1. 2. Pure captives Association or group captives TR-5-40 CAPTIVE DOMICILES Captives have traditionally been classified as onshore or offshore. • An onshore captive is incorporated domestically and conducts business in the United States. • An offshore captive is incorporated in a foreign jurisdiction and operates from that location, but it may still primarily insure U.S. risks. • Usually, foreign captives operate under the surplus line laws of the states. 139 TR-5-41 GROWTH OF CAPTIVES From a hundred or so in the late 1950s, the number of captives licensed worldwide by 2000 was over 4,000. By 2000, it was estimated also that over half of the Fortune 500 companies have established captives. TR-5-42 TAX TREATMENT OF CAPTIVES Some captives were formed in the belief that a tax deduction not available for self-insurance would be granted for payments to a captive. The IRS position since 1972 has been: • A captive is an insurance company in form only, not substance. • Since there is no shifting of risk, the premiums paid by the parent to a captive are self-insurance reserves and not deductible. • The captive has been formed primarily for the purpose of tax avoidance and therefore premiums to it are not deductible. TR-5-43 THE RISK RETENTION ACT OF 1986 The Risk Retention Act of 1986 amended the Product Liability Risk Retention Act of 1981, which was limited to product liability exposures. • The 1986 law expanded the provisions of the law to apply to most liability coverages. Like its predecessor, the Risk Retention Act of 1986 authorized two mechanisms for group treatment of liability risks: • Risk retention groups for self-funding (pooling) and • Purchasing groups for joint purchase of insurance TR-5-44 RISK RETENTION GROUPS A risk retention group is a group-owned insurer whose primary activity consists of assuming and spreading the liability risks of its members. They are insurance companies, regularly licensed in the state of domicile, and owned by their policyholders who, in effect, double as shareholders Members must have a community of interest (i.e., similar risks) and once organized, they can offer "memberships" to others with similar needs on a nationwide basis. • A risk retention group need be licensed in only one state, but may insure members of the group in any state. • The jurisdiction in which it is chartered regulates the formation and operation of the group insurer. 140 • Risk retention groups are prohibited from joining the state insolvency guaranty fund. TR-5-46 PURCHASING GROUPS A "purchasing group" is an entity that buys insurance for its members. Like participants in risk retention groups, members of purchasing groups must be in similar or related businesses which exposure them to similar liability risks. • Unlike a risk retention group, a purchasing group does not retain risk. • It purchases group liability insurance from insurance companies for its members. TR-5-47 POOLS A risk sharing pool represents a mechanism that is closely related to association or group captives, but which is actually a separate technique. • A group of entities may elect to pool their exposures, sharing the losses that occur, without creating a formal corporate insurance structure. In this case, a separate corporate insurer is not created, but the risks are nevertheless "insured" by the pooling mechanism. Many authorities believe that pooling is appropriately classified as either transfer or retention, depending on the situation. • In one sense, pooling is a form of transfer, in the sense that risks of the pooling members are transferred from the individuals to the group. • In another sense, it is a form of retention, in which the organization's risks are retained, along with those of the other pooling members. TR-5-49 RISK TRANSFER: BUYING INSURANCE Although insurance is only one of the techniques available for dealing with the pure risks, many of the risk management decisions culminate in a choice between insurance and non-insurance. It is therefore useful to examine the application of some basic principles of risk management to the area of insurance. TR-3-1 NATURE & FUNCTIONS OF INSURANCE In its simplest aspect, insurance has two fundamental characteristics: 1. Transfer of risk from the individual to the group 2. Sharing of losses on some equitable basis 141 OPERATION OF INSURANCE ILLUSTRATED 1. 2. 3. 4. 5. 6. 7. 8. 9. TR-3-2 1,000 dwellings valued at $100,000 each. Each owner faces risk of a $100,000 loss. Owners agree to share losses that occur. If a house burns (total loss) each owner pays $100 ($100 X 1,000 = $100,000). This is a pure assessment mutual insurance plan. Potential difficulty: some members might refuse to pay their assessment. This problem can be overcome by requiring advance payment for predicted future losses (based on past experience). If 2 total losses are predicted, each owner’s cost is $200. If we add $100 for a cushion and for operating expenses, the cost is $300. INSURANCE DEFINED: INDIVIDUAL VIEWPOINT TR-3-4 Insurance is an economic device whereby the individual substitutes a small certain cost (the premium) for a large uncertain financial loss (the contingency insured against) which would exist if it were not for the insurance. TR-3-5 RISK REDUCTION THROUGH POOLING 1. 2. 3. 4. The risk an insurer faces is not merely a summation of risks transferred to it by individuals. Insurer can predict within narrow limits the amount of losses that will occur. If the insurer could predict future losses with absolute precision, it would have no risk. Accuracy of insurer’s prediction is based on the law of large numbers. PROBABILITY THEORY AND LAW OF LARGE NUMBERS TR-3-6 Probability theory is the body of knowledge concerned with measuring the likelihood that something will happen and making predictions based on this likelihood. PROBABILITY THEORY AND LAW OF LARGE NUMBERS 1. 2. 3. 4. Likelihood of an event is assigned a numerical value between 0. and 1. Impossible events assigned a value of 0. Inevitable events assigned value of 1. Events that may or may not happen are assigned a value between 0 and 1, with higher values assigned to those with greater likelihood. TR-3-8 TWO INTERPRETATIONS OF PROBABILITY 1. TR-3-7 Relative frequency interpretation: signifies the relative frequency of occurrence that would be expected, given a large number of separate independent trials. 142 2. Subjective interpretation: probability is measured by the degree of belief (e.g., student says she has a 50:50 chance of getting a B in the course). TR-3-9 DETERMINING THE PROBABILITY OF AN EVENT 1. 2. A priori estimates determined from the underlying conditions ♦ probability of flipping a “head” is .5 ♦ probability of drawing Ace of Spades is 1/52 A priori estimates not significant for us except in illustrating Law of Large Numbers TR-3-10 LAW OF LARGE NUMBERS 1. Even though we know the probability of “head” is .5, we know we cannot predict whether a given flip will be a head or a tail. 2. Given a sufficient number of “flips,” we would expect the result to approach one-half “heads” and one-half “tails.” 3. This common sense notion that probability is meaningful only over a large number of trials is recognition of the Law of Large Numbers. The observed frequency of an event more nearly approaches the underlying probability of the population as the number of trials approaches infinity. TR-3-12 A POSTERIORI PROBABILITIES 1. When probability cannot be determined by underlying conditions (i.e., a priori), it can be estimated based on past experience. 2. A posteriori probabilities are based on observed frequencies of past events. 3. After observing proportion of the time that various outcomes occur, we construct an index of relative frequencies of occurrence called a probability distribution. TR-3-13 PROBABILITY DISTRIBUTION 1. Probability distribution is an index of the relative frequency of all outcomes. 2. The probability assigned to the event is the average rate at which the outcome is expected to occur. 3. Probability distributions generally constructed on basis of a sample. 143 TR-3-14 ILLUSTRATION OF SAMPLING OF LOSSES Year Houses that Burn 1 2 3 4 5 Total 7 11 10 9 13 50 Average 10 Year Houses that Burn 1 2 3 4 5 Total 16 4 10 12 8 50 Average 10 TR-3-16 STANDARD DEVIATION Year 1 2 3 4 5 Average Losses 10 10 10 10 10 Actual Losses 7 11 10 9 13 Summation of Differences Squared Number of Years Difference Squared 9 1 0 1 9 20 Difference 3 1 0 1 3 = 20 5 = 5 Variance = 4, Standard Deviation = 2 Year 1 2 3 4 5 Average Losses 10 10 10 10 10 Actual Losses 16 4 10 12 8 144 Difference 6 6 0 2 2 Difference Squared 36 36 0 4 4 80 Summation of Differences Squared Number of Years = 80 5 = 16 Variance = 16, Standard Deviation = 4 TR-3-18 SIGNIFICANCE OF STANDARD DEVIATION 1. 2. 3. 4. The smaller the standard deviation relative to the mean, the less the dispersion of the values in the population. In our example, if a large number of samples were taken, 68.27% of the means (of the samples) would fall between 10 + the standard deviation. For the first set of data, 10 + 2. For the second set, 10 + 4. DUAL APPLICATION OF LAW OF LARGE NUMBERS TR-3-19 1. To estimate the underlying probability accurately, insurer must have a large sample of experience. 2. Once an estimate of probability has been made, it must be applied to a large number of exposures to permit the underlying probability “to work itself out.” TR-3-20 INSURANCE DEFINED SOCIAL VIEWPOINT Insurance is an economic device for reducing and eliminating risk through the process of combining a sufficient number of homogeneous exposures to make the losses predictable for the group as a whole. ECONOMIC CONTRIBUTION OF INSURANCE 1. 2. 3. TR-3-21 Creates certainty about burden of loss Spreading losses that do occur Provides for an optimal utilization of capital TR-3-22 INSURANCE: TRANSFER OR POOLING? 1. The view that the essence of insurance is risk transfer emphasizes the individual’s substitution of a small certain cost for large uncertain loss. 2. Emphasis on pooling or risk sharing emphasizes the role of reducing risk in the aggregate. 3. Insurance can exist without pooling, but not without transfer. 145 TR-3-23 INSURANCE AND GAMBLING 1. In gambling, there is no chance of loss (and therefore no risk) prior to the wager. 2. In the case of insurance, the chance of loss exists whether or not insurance is purchased. 3. Gambling creates risk, while insurance provides for the transfer of existing risk. TR-3-24 ELEMENTS OF AN INSURABLE RISK 1. 2. 3. 4. Large numbers of exposure units Definite and measurable loss The loss must be fortuitous The loss must not be catastrophic TR-3-25 OTHER FACETS OF INSURABLE RISK 1. 2. Randomness-adverse selection Economic feasibility TR-3-26 SELF-INSURANCE 1. 2. 3. Definitional impossibility: cannot transfer to or pool with oneself. Nevertheless, the term has found widespread acceptance and we should construct an acceptable operational definition. Acceptable operational definition ♦ enough exposures for predictability ♦ financially dependable ♦ geographic dispersion TR-3-27 THE FIELDS OF INSURANCE 1. Private insurance 2. voluntary programs designed to protect against financial loss Social insurance 3. compulsory insurance programs generally operated by government Public benefit guarantee programs quasi-social coverages usually associated with regulation TR-3-28 PRIVATE (VOLUNTARY) INSURANCE 1. 2. Usually (but not always) voluntary Usually (but not always) offered by private insurers 146 TR-3-29 CLASSIFICATION OF PRIVATE INSURANCE 1. 2. 3. Life insurance Accident and health insurance Property and liability ♦ fire ♦ marine ♦ casualty ♦ fidelity and surety bonds TR-3-30 SURETY BONDS Surety bonds represent a special class of risk transfer device, and strictly speaking are not contracts of insurance. A surety bond is an agreement by one party, the “surety,” to answer to a third person, called the “obligee,” for the obligation of a party called the “principal.” • If the principal fails to perform in the manner guaranteed, the surety will be responsible to the oblige. In a sense, the surety is analogous to the cosigner of a note and like a cosigner, is responsible for the obligation if the principal defaults. The primary obligation to perform rests with the principal, but if the principal is unable to meet the commitment, the surety must pay for the loss. • In this event, the surety may take possession of the principal’s assets and convert them into cash to reimburse itself for the loss paid. • Most surety bonds are issued for persons doing contract construction, those connected with court actions, and those seeking licenses and permits. TR-3-32 SOCIAL INSURANCE Based on the notion that there are some people in society who face fundamental risks that they cannot deal with themselves. Social insurance programs rest on the premise that if an individual cannot provide for a reasonable standard of living through personal efforts, society should assist. TR-3-33 SOCIAL INSURANCE DEFINITION 1. 2. Coverage is compulsory Eligibility derived from contributions: no requirement to demonstrate need 3. Method of determining benefits prescribed by law 4. Benefits not directly related to contributions 147 5. Definite long-range plan for financing 6. Cost borne primarily by contributions 7. Plan administered or supervised by government 8. Plan not established solely for government employees SOCIAL INSURANCE PROGRAMS IN THE U.S. 1. 2. 3. 4. 5. TR-3-35 Old-Age, Survivors and Disability Insurance Railroad Retirement, Disability and Unemployment Insurance Unemployment Insurance Medicare State Compulsory Temporary Disability PUBLIC GUARANTEE INSURANCE PROGRAMS TR-3-36 1. Quasi social insurance programs, mainly in connection with regulation of financial institutions. 2. Insurance principle is used to protect lenders, depositors, or investors against loss resulting from failure of a financial institution FEDERAL PUBLIC GUARANTEE PROGRAMS 1. 2. 3. 4. TR-3-37 Federal Deposit Insurance Corporation National Credit Union Administration Securities Investor Protection Corporation Pension Benefit Guarantee Corporation SIMILARITIES IN VARIOUS FIELDS OF INSURANCE TR-3-38 1. Although details of operation may vary, the programs discussed all use some form of pooling of exposure units. 2. The possibility of loss is transferred from the individual to the group where losses are shared on some prescribed basis. 3. Basic concepts of pooling and sharing of losses and individual’s substitution of small, certain cost for large, uncertain loss are fundamental to all the programs. TR-5-50 COMMON ERRORS IN BUYING INSURANCE 1. 2. 3. Buying too much Buying too little Buying too much and too little at the same time 148 PRIORITY RANKING FOR INSURANCE COVERAGES Essential insures against losses that could cause bankruptcy Important insures against losses that would require resort to credit Optional Insures against losses that could be met from assets or cash flow TR-5-51 TR-5-52 LARGE LOSS PRINCIPLE 1. Probability that a loss may or may not occur is less important than potential severity of the loss. 2. Important question is not “can I afford the insurance?” but “can I afford to be without it?” 3. When available dollars cannot provide all the essential and important coverages required, a part of the loss may be assumed through deductibles. TR-5-53 INSURANCE AS A LAST RESORT 1. Insurance always costs more than the expected value of the loss. 2. People who purchase coverage against small loss exposures are trying to beat the insurance company at its own game. 3. Insurance should be used as a last resort. TR-5-54 SELECTING THE AGENT 1. Most important service provided by the agent is probably advice. 2. Primary consideration in selecting an agent should be knowledge of the insurance field and interest in the needs of the client. 3. One indicator of a knowledgeable and professional agent is a professional designation (CPCU, CLU). TR-5-55 SELECTING THE INSURER 1. 2. 3. Major consideration should be financial stability Cost Other considerations include attitude toward claims and cancellation 149