Section C Flashcards

(46 cards)

1
Q

Section C - Definition: Responsible Party

A

When an event occurs, there is one or more responsible party who immediately assumes the entire loss.

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2
Q

Section C - Definition:
Liability

A

Liability always attaches on an unlimited basis. That is, unless and until that entity transfers some of the
risk or the loss is limited by statute, there is no limit on the size of a potential loss.

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3
Q

Section C - Types of Risk Transfer

A

“Self-insurance” - refers to many different types of risk retention.

“Retained risk” is used generally.

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4
Q

Section C - Types of Risk Transfer
“Guaranteed Costs” Generally

A

Entity can transfer ALL liability, subject to any limit specified in an insurance contract.

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5
Q

Section C - Types of Risk Transfer
“Guaranteed Costs” Specifically

A

Entity’s Cost are not influenced by the actual loss experience.

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6
Q

Section C - Types of Risk Transfer
“Guaranteed Costs” Premium

A

Typical for the final premium to depend on a retrospective audit of the exposures base (e.g., payroll or sales).

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7
Q

Section C - Types of Risk Transfer
“Guaranteed Costs” Benefits

A

The entity may take back a small per claim deductible (for example, up to as much as $10,000) so that the entity’s final cost is the audited premium plus the deductibles on actual losses.

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8
Q

Section C - Types of Risk Transfer
“Guaranteed Costs” Cost / Cons

A

Generally are not cost effective for large entities when a substantial portion of the loss experience is predictable.

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9
Q

Section C - Types of Risk Transfer
“Retrospectively Rated Policies” Generally

A

Entity can transfer ALL of the liability, SUBJECT TO ANY LIMIT specified in an insurance contract, to the insurer for a premium

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10
Q

Section C - Types of Risk Transfer
“Retrospectively Rated Policies” Premium

A

Premium is a function of the actual loss experience.

Final premium will depend on both the audited
exposure base and the loss experience, possibly subject to a minimum and maximum.

Final cost is the final premium.

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11
Q

Section C - Types of Risk Transfer
“Retrospectively Rated Policies” Costs / Cons

A

Final premium / final cost may not be determined for several years after the policy’s expiration date.

The entity has a potential liability to (or potential asset from) the insurer for the difference between the final premium and premiums paid to date.

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12
Q

Section C - Types of Risk Transfer
“Large Deductible Policies” LOB

A

Commonly seen in Worker’s Comp

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13
Q

Section C - Types of Risk Transfer
“Large Deductible Policies” Generally

A

Entity can transfer ALL of the liability, SUBJECT TO ANY LIMIT specified in an insurance contract, to the insurer, then TAKE BACK A SUBSTANTAIL DEDUCTIBLE via an endorsement to the policy.

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14
Q

Section C - Types of Risk Transfer
“Large Deductible Policies” Premium

A

Final premium for the policy depends on the audited
exposure base.

Entity’s final cost is the sum of the final premium, the losses within the
deductible, and possibly claims handling costs.

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15
Q

Section C - Types of Risk Transfer
“Large Deductible Policies” Cons / Costs

A

Until all of the claims within the deductible are paid, the entity has a liability to the insurer for the unpaid deductible claims

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16
Q

Section C - Types of Risk Transfer
“Self-Insurance Policies” Generally

A

Entity can purchase NO COVERAGE (and thus RETAIN ALL OF THE RISK) or purchase coverage that only applies to large claims, typically called “excess insurance.”

Entities also continue to bear risk for costs not covered by their commercial policies.

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17
Q

Section C - Types of Risk Transfer
“Self-Insurance Policies” Premium

A

final premium for the excess coverage may depend on a retrospective audit of the exposure base.

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18
Q

Section C - Types of Risk Transfer
“Self-Insurance Policies” LOB

A

common for exposures where insurance coverage is not required by regulation, such as APD and other first-party exposures, GL/Products Liab, warranty
coverages, Med Prof Liab /General Liab coverages, and many management type risks

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19
Q

Section C - Types of Risk Transfer
“Self-Insurance Policies” LOB part 2

A

Increasingly less common for WC with the growth of LDD policies.

20
Q

Section C - Types of Risk Transfer - Workers Comp Sidebar

A

Workers’ compensation self-insurance is regulated
by states, usually by a division that is separate from the insurance regulator, which is charged with approving entities to become self-insured and HOLDING ANY REQUIRED COLLATERAL

21
Q

Section C - Types of Risk Transfer
“Self-Insurance Policies” LOB part 3 (uncommon)

A

Self-insurance is uncommon for other exposures where insurance is required by statute, such as automobile liability for regulated vehicles, because it can be interpreted to violate state or federal financial responsibility requirements, but it is permitted and regulated in some states.

22
Q

Section C - Types of Risk Transfer
“Claims Made Policies” Generally

A

Liability for claims that will be reported after the expiration of the policy will remain with the entity

23
Q

Section C - Types of Risk Transfer
“Claims Made Policies” Cons / Costs

A

Subject to substantial reporting lags meaning entities can accumulate substantial unreported claim liability that is uninsured as of a given accounting date.

24
Q

Section C - Types of Risk Transfer
“Claims Made Policies” Example

A

Hospital that purchases annual guaranteed cost claims-made medical professional and general liability insurance policies effective January 1, 2018.
For the hospital’s financial statement as of June 30, 2018, liability for all claims reported through December 31, 2018, has been transferred to the insurer, but claims with occurrence dates prior to June 30, 2018, that will be reported in 2019 or later are not insured and thus must be accounted for as an unreported claim accrual of the hospital.
So long as the hospital continues to purchase coverage, it will not actually pay any claims. Instead, its unreported claim accruals will be converted to purchase
future insurance policies while simultaneously adding newly incurred but unreported claims to the accrual

25
Section C - Types of Risk Transfer "Claims Made Policies" Extended Reporting Period
covers claims reported after the end of the policy, usually for a limited period of time. In such cases, claims that will be reported during the extended reporting period are covered by insurance and thus may be treated as insured by the entity. Reporting periods extend for 30 to 90 days following the end of the policy period. Claims that will be reported during the extended reporting period are covered by the expiring policy until the inception of the renewal policy, at which time they transfer to the renewal policy. Note, however, that unless the extended reporting period is UNLIMITED, there well may be unreported claims that are expected to be reported after the end of the extended reporting period and thus remain uninsured. Also, an insured may purchase a separate policy that provides limited or unlimited extended reporting (tail) coverage
26
Section C - Types of Risk Transfer "Captives" Generally
An entity can transfer SOME OR ALL of its liability to an affiliated insurance company known as a “captive.
27
Section C - Types of Risk Transfer "Captives" Benefits
typically are regulated by a special division within a state’s insurance department and are subject to somewhat less stringent regulation than an admitted carrier. Can be in non-US Domiciles subject to the local regulation.
28
Section C - Types of Risk Transfer "Captives" Cons
Typically limit the coverages that a captive can write. A captive can either insure its affiliated entity DIRECTLY or REINSURE the entity’s insurer. Captives may limit their overall exposure by purchasing reinsurance
29
Section C - Types of Risk Transfer "Direct Policies" Generally (in relation to "Captives")
An entity can purchase insurance directly from its affiliated captive insurer
30
Section C - Types of Risk Transfer "Direct Policies" Specifically (in relation to "Captives")
typical for coverages that would be otherwise self-insured, although self-insurers usually are not permitted to purchase workers’ compensation insurance from a captive
31
Section C - Types of Risk Transfer "Direct Policies" Cons (in relation to "Captives")
Often, a captive writing direct coverage will not fulfill financial responsibility requirements for personal or commercial automobile liability. Captive coverage also may be viewed as unacceptable in contracting situations where proof of insurance is required
32
Section C - Types of Risk Transfer "Direct Policies" Generally (in relation to "Captives")
Entities with captives often enter into arrangements that share risk between the captive and the commercial market
33
Section C - Types of Risk Transfer "Fronting Arrangements" Specifically (in relation to "Captives" and underlying "GC policy")
When the entity has purchased a guaranteed cost policy, it can take back some (or all) of the risk it has transferred by having its captive reinsure some of the risk In this case, the captive typically will reinsure losses on a ground-up basis, leaving losses excess of its limits with the commercial insurer. In this type of arrangement, the commercial carrier is known as a “fronting” company
34
Section C - Types of Risk Transfer "Deductible Reimbursement" Generally (in relation to "Captives")
In the case where the entity has purchased a large deductible policy, the captive can write a policy directly reimbursing the entity for its deductible obligations. (a way to indirectly have WC and AL coverage using a captive)
35
Section C - Types of Risk Transfer "Deductible Reimbursement" Specifically (in relation to "Captives" and underlying "LDD policy")
In this case, the captive covers its affiliated entity for the entity’s obligations to the insurer NOT for its obligations to claimants. A deductible reimbursement policy, then, can be used to transfer the entity’s retained cost for workers’ compensation or automobile liability losses to a captive without running afoul of regulations limiting the direct writing of such coverages in captives
36
Section C - Types of Risk Transfer "Trusts" Generally
Trusts most often are used to finance professional liability exposures and may be treated as separate entities with their own audited financial statements
37
Section C - Types of Risk Transfer "Trusts" (in relation to "Direct policies")
Coverage typically is provided to an affiliated entity on a direct basis, often when risk management and documentation of costs is required.
38
Section C - Types of Risk Transfer "Trusts" (in relation to "Claims Made policies")
Trusts often provide coverage to their affiliated entities on a claims-made basis, leaving the unreported claims with the original entity
39
Section C - Types of Risk Transfer "Trusts" (in relation to "Excess Insurance")
Excess insurance may be purchased by the original entity or by the trust
40
Section C - Relevant Actuarial Concepts and Considerations
Considerations for unpaid claim estimates are covered in detail in ASOP No. 43. This section addresses some unusual considerations that may be encountered by the actuary in the context of retained risk.
41
Section C - Relevant Actuarial Concepts and Considerations "Intended Purpose of the Actuarial Analysis"
Typically a retained risk actuarial analysis will be used in one of 3 contexts or any combination of the 3: 1. Adequacy of Accruals for Financial Reporting 2. Internal Financial Reporting and Cost Allocation 3.Regulatory Filing for a Qualified Self-Insurance Designation
42
Section C - Relevant Actuarial Concepts and Considerations "Adequacy of Accruals for Financial Reporting"
Frequently actuaries are asked to estimate the indicated financial accrual for self-insured or retained liabilities. Company management may utilize the actuarial indications to directly record the accrual or as a control to confirm the reasonableness of the management estimates The accruals can include provisions for deductibles, self-insured exposure, or potential retrospective premium amounts. Many key issues arise when values will be used for financial reporting since the actuarial estimates as presented in an actuarial work product may be compared to amounts recorded in a company’s general ledger. Key Considerations: 1.Net or Gross of Insurance Recoverables 2.Discounting for the Time Value of Money 3. Combined Accruals that Include Other Insurance-Related Balances 4. Prepaid Balances or Amounts Due From or To TPAs and/or Excess Insurers
43
Section C - Relevant Actuarial Concepts and Considerations "Adequacy of Accruals for Financial Reporting" - Net or Gross of Insurance Recoverables
E.G US GAAP accounting requires the separate presentation of a gross liability accrual for expected future loss payments and an asset related for the related expected insurance recoveries, which may partially offset the gross liability for economic purposes Cons: more complex than a net analysis.
44
Section C - Relevant Actuarial Concepts and Considerations "Adequacy of Accruals for Financial Reporting" - Discounting for the Time Value of Money
Companies may elect or be required under different accounting frameworks to reduce their accrual estimates for the time value of money Cons: The pattern of cash flows for discounting purposes match the cash flow pattern for the entity, which may not match the cash flows to claimants
45
Section C - Relevant Actuarial Concepts and Considerations "Adequacy of Accruals for Financial Reporting" - Combined Accruals that Include Other Insurance-Related Balances
E.G , the financial statement accrual may contain lines of business or insurance-related items such as third-party administrator (TPA) fees that may not be contemplated in the actuarial calculation Cons: difficult to produce a direct comparison of the results of the actuarial analysis with the financial statement entry.
46
Section C - Relevant Actuarial Concepts and Considerations "Adequacy of Accruals for Financial Reporting" - Prepaid Balances or Amounts Due From or To TPAs and/or Excess Insurers