Section C - Definition: Responsible Party
When an event occurs, there is one or more responsible party who immediately assumes the entire loss.
Section C - Definition:
Liability
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.
Section C - Types of Risk Transfer
“Self-insurance” - refers to many different types of risk retention.
“Retained risk” is used generally.
Section C - Types of Risk Transfer
“Guaranteed Costs” Generally
Entity can transfer ALL liability, subject to any limit specified in an insurance contract.
Section C - Types of Risk Transfer
“Guaranteed Costs” Specifically
Entity’s Cost are not influenced by the actual loss experience.
Section C - Types of Risk Transfer
“Guaranteed Costs” Premium
Typical for the final premium to depend on a retrospective audit of the exposures base (e.g., payroll or sales).
Section C - Types of Risk Transfer
“Guaranteed Costs” Benefits
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.
Section C - Types of Risk Transfer
“Guaranteed Costs” Cost / Cons
Generally are not cost effective for large entities when a substantial portion of the loss experience is predictable.
Section C - Types of Risk Transfer
“Retrospectively Rated Policies” Generally
Entity can transfer ALL of the liability, SUBJECT TO ANY LIMIT specified in an insurance contract, to the insurer for a premium
Section C - Types of Risk Transfer
“Retrospectively Rated Policies” Premium
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.
Section C - Types of Risk Transfer
“Retrospectively Rated Policies” Costs / Cons
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.
Section C - Types of Risk Transfer
“Large Deductible Policies” LOB
Commonly seen in Worker’s Comp
Section C - Types of Risk Transfer
“Large Deductible Policies” Generally
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.
Section C - Types of Risk Transfer
“Large Deductible Policies” Premium
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.
Section C - Types of Risk Transfer
“Large Deductible Policies” Cons / Costs
Until all of the claims within the deductible are paid, the entity has a liability to the insurer for the unpaid deductible claims
Section C - Types of Risk Transfer
“Self-Insurance Policies” Generally
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.
Section C - Types of Risk Transfer
“Self-Insurance Policies” Premium
final premium for the excess coverage may depend on a retrospective audit of the exposure base.
Section C - Types of Risk Transfer
“Self-Insurance Policies” LOB
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
Section C - Types of Risk Transfer
“Self-Insurance Policies” LOB part 2
Increasingly less common for WC with the growth of LDD policies.
Section C - Types of Risk Transfer - Workers Comp Sidebar
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
Section C - Types of Risk Transfer
“Self-Insurance Policies” LOB part 3 (uncommon)
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.
Section C - Types of Risk Transfer
“Claims Made Policies” Generally
Liability for claims that will be reported after the expiration of the policy will remain with the entity
Section C - Types of Risk Transfer
“Claims Made Policies” Cons / Costs
Subject to substantial reporting lags meaning entities can accumulate substantial unreported claim liability that is uninsured as of a given accounting date.
Section C - Types of Risk Transfer
“Claims Made Policies” Example
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