www.commercialriskeurope.com VOLUME 4/ ISSUE 5/ JUNE 2013
Commercial Risk Europe EUROPEAN INSURANCE & RISK MANAGEMENT NEWS
AIRMIC 2013: CRE caught up with the Airmic’s leading lights, past and present, ahead of its annual conference in Brighton where it is celebrating its 50th year ............................................... p3-4
RISK FRONTIERS 2013: In this issue of CRE we kick off our annual Risk Frontiers survey having begun our discussions with leading risk managers from Belgium, Sweden, Spain and Portugal ................... p10-22
GLOBAL RISK FRONTIERS Q&As: Global Risk Frontiers ’13 drew to a close last month at its one-day London conference. CRE starts a series of interviews with individual risk managers who took part in the GRF survey ................. p24-26
Ferma urges EC to leave subscription market alone Ben Norris bnorris@commercialriskeurope.com
[BRUSSELS]—FERMA HAS WARNED the European Commission that any restrictions to the subscription insurance market will work to the disadvantage of business and insurance buyers. The European federation told the EC that an attack on the subscription systems would reduce market capacity or make it more difficult to access. As was made clear during Commercial Risk Europe’s Global Risk Frontiers conference in London last month, Europe’s risk managers seek ways to increase capacity for large and
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complex risk, not limit it. Any move by the EC against the subscription market would therefore be viewed as a serious backwards step. Ferma’s concerns were raised on 3 June in a position paper commenting on the findings of a study by Ernst & Young on co(re)insurance practices. ‘AHEAD OF REVIEW’ The study was commissioned by the EC ahead of its next review of the Insurance Block Exemption Regulation (BER). The BER grants an exemption to co(re)insurance pools from EU anti-competition rules and will expire in its current form on 31 March, 2017. The EC is concerned about the com-
petitive nature of the subscription market and pooling arrangements. In the conclusions of the 2007 business insurance sector inquiry (BISI), the Commission expressed concerns over ad hoc agreements in the subscription market regarding the practice of premium alignment, stating that ‘the mechanisms behind this general market practice are not clear’. In 2011 it therefore sanctioned the Ernst & Young study to provide a European-wide overview of the practices of pools and adhoc agreements in the subscription market. Its objective is to gain a better understanding of the rationale and the functioning of existing pools and subscription
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markets throughout the EU. In its latest position paper Ferma said that the subscription market ‘plays a critical role in covering industrial risks’. Changes to its operation would be to the disadvantage of commercial insurance buyers, it added, explaining that the in-
surance market shares its concerns. “Co(re)insurance practices are part of the basic functioning of the insurance market in Europe (both the London and the continental European markets). They are the only way to find the huge financial capacities needed in the business insurance sector and no individual market players could meet these needs on their own. As it has been working properly so far and proved its benefits, it should not be hindered. Rather, it should be permitted and allowed to continue,” said Ferma. The federation points out that the first phase in the subscription process, EC SUBS: Turn to P31
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Insurers concede UK placement changes on horizon Certification schemes controversial with claims certainty in spotlight but implementation moves closer they must up Stuart Collins game to maintain Stuart Collins their relevance Ben Norris bnorris@commercialriskeurope.com
[LONDON]—LEADING INSURERS admit that they need to up their game in order to avoid losing relevance to insurance buyers and their companies. The insurers who took part in a panel debate at the close of Commercial Risk Europe’s Global Risk Frontiers debate in London late last month conceded that the level of insurable risk is falling. In response to questions about how this trend could be halted or even reversed, the insurers called for increased discussions and cooperation between risk transfer partners. AGREEMENT Risk managers on the panel agreed with the insurer representatives that the market also needs to exploit the use of bigger and better data, particularly in order to service complex and emerging risks. Nigel Bamber One leading insurance executive boldly urged insurers to increase collaboration via consortiums and risk pools to help maintain relevance and tackle emerging and difficult risks more effectively. RELEVANCE: Turn to P31
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[ LONDON ]—DEMAND FROM UK corporate insurance buyers for more relevant and effective insurance products could soon result in fundamental changes to the way programmes are placed, with revisions to tackle the growing threat to claims certainty heading the lists of likely developments. Many insurance buyers in the UK openly bemoan uncertainty surrounding the settlement of large claims and criticise the insurance industry’s response to emergent risks—such as cyber and supply chain disruption. There is also growing frustration over insurer and broker intransigence and their apparent inability to re-engineer business models.
[LONDON]—MOVES TO CERTIFY risk managers could prove more controversial than first thought, as some fear the discipline would not be well served by the constraints of professional status. However, supporters of certification believe professional risk managers are needed to give credibility to the discipline and help promote and drive risk management within organisations.
CLAIMS ISSUE The issue attracting the most momentum for change is the settlement of large claims. According to Mactavish, a specialist insurance consultant, insurers are taking a tougher stance on claims, using onerous clauses to void or negotiate large claims, which can take many years to settle with little confidence in the eventual claim value. The efficacy of insurance is increasingly coming into question among large buyers because claims are being denied on an even greater scale, said Bruce Hepburn, Mactavish’s Chief Executive. “There is a very real problem of claims being denied or disputed—and the more buyers hear about it the more concerned they become,” he said. Insurers have huge scope to void contracts through non-disclosure clauses and warranties included in UK insurance contracts. And although they rarely do invoke such clauses, they can
John Hurrell use them as a tool to settle disputes, explained Mr Hepburn. Mactavish has spent the past 18 months analysing the insurance arrangements of several hundred companies to gather evidence of the extent of the problem. “The evidence we have gathered over the past 18 months is mind blowing, showing systemic problems in how this industry sets out contracts with clients,” he said. The evidence gathered by Mactavish will be used to support the changes to insurance contract law proposed by UK’s The Law Commission, which could be enacted within the next 18 months (see panel p29). PROPOSALS The proposed changes, which aim to address issues with non-disclosure and warranties, will not favour one party over the other, explained Law Commissioner David Hertzell. “They are neutral and fair—but the law is currently weighted too much in favour of insurers, and the outcome is all or nothing,” he said. The legislative changes, if accompaUK: Turn to P29
WILL IT WORK? Both the Federation of European Risk Management Associations (Ferma) and a group of UK risk management bodies have been looking into the viability of certifying risk managers. Speaking at our inaugural Global Risk Frontiers Debate in London, Ferma president Jorge Luzzi said that such a move was proving ‘no easy task’. But initial discussions with other associations under the umbrella of the International Federation of Risk and Insurance Management Associations (Ifrima) had shown that the development of a global certification framework was the best way to go, he said. Likewise, the certification initiative pursued by Airmic and the Chartered Insurance Institute (CII) is progressing and will draw on existing certification schemes, standards and the work of other bodies. The Institute of Risk Management (IRM) embarked last year on a global comprehensive
review of existing competency frameworks from across all branches of risk management. The Institute believes that a clear view of personal competencies gained through both experience and qualifications is the key to a successful and respected certification scheme. IRM has spent nine months working on the project, having looked at some 70 existing risk competency frameworks from many different risk management bodies Steve Fowler around the world. Having analysed the common features, the organisation is now in a position to start developing a certification framework for risk management, said Steve Fowler, IRM’s Chief Executive. Certification would have a global enterprise risk management focus, and link directly to ISO 31000. It will be based on the four common elements found in schemes used in other professions, namely experience, qualifications, continuing professional development and a code of ethics, he said. ‘GRANDFATHERING’ Certification might ‘possibly need a grandfathering system for the grey hairs and no-hairs’ which would enable some existing risk professionals to become certified without needing to obtain further qualifications, said Mr Fowler, admitting that ‘this aspect though would need further consideration, as grandfathering was rare amongst CERTIFICATION: Turn to P29
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