Transcript Slide 1
The Insurance Manager’s Role in a Crisis October 2003 Meeting Philadelphia Insurance Manager’s Association A Group Discussion Facilitated by Doug Hartman 1 Genesis of the topic The impetus for this topic arises out of my shock, disappointment and depression as a result of wellpublicized crises that impacted my clients. I set out to find out what crisis management is and to find out what the role of the insurance manager should be. • 9/11 – Executives with whom I was working on client matters perished in the World Trade Centers. I basically stopped working for a month, mainly because I didn’t feel like it. It took weeks for phone services to be restored to lower Manhattan – and months to reconstruct lost client documents. I asked myself, “What can I do to prepare my clients in case this happens again?” • Bankruptcy of Enron – Four years ago, as a special products underwriter, I had some contact with Enron’s risk manager. By chance I spoke to him the day before Enron went under. All those employees who lost their retirement savings – what a travesty. Enron still employs 19,000 and my risk manager friend, to my great relief, found employment with one of their divested subsidiaries. • Class Action Suits against My Client – Soon after completing a workers comp loss payout study, news of the recall of 17,500 hip implants hit the papers. As far as I could tell, their risk manager became a key player in the recall and eventual settlement of claims. What help should I have offered this company? • Suits against a Roman Catholic Archdiocese – Six or seven years ago I managed a risk management audit of an archdiocese. I was told that priest misbehavior incidents and claims were outside the scope of my review – and that God would take care of the sinners. Should not I have though about the criminal implications of this and not just the insurance implications? • Criminal charges against executives of HealthSouth – Ten years ago I did some work for them. I am baffled as to how such criminal theft and accounting fraud could have happened – under the nose of my former employer, Ernst & Young! 2 What kind of crises are we talking about? Potential Causes of a Crisis Plan Elements These are the types of events we discussed. The four components of crisis management are: • • • • • 1. 2. 3. 4. Property perils Liability claims Workplace violence Terrorism Executive misbehavior Emergency management Business Continuity Crisis Communication Security Core Assets What 1. 2. 3. crisis management is all about: People Finances Reputation 3 What happens to insurance managers in a crisis? • Answer depends on the scope of responsibilities – – – – • Insurance transactions – If you are solely responsible for insurance transactions, you are probably going to be confined to working with the insurance company to maximize your claim recovery (if one is due) and avoid cancellation prior to the expiration date. Before saying anything to your broker and insurance company, confer with the senior executive at your company who is managing the crisis. Your broker account executive can facilitate getting your information to the carrier(s) so as to avoid cancellation or denial due to violation of an insurance policy condition. Insurance claim administration – If your job description includes claims, you should count on spending a lot of time and energy in the defense of your company – or in seeking recovery for lost property. Again, your broker should be able to guide you through the claim presentation and negotiation process. An expert in business interruption claims is essential in large property losses. Management of self-insurance mechanisms – Risk managers with self-insurance trust funds, captive insurance companies and other alternative mechanisms will face additional chores, such as notification of reinsurers and appointment of legal defense firms. Safety Department – Safety and design professionals on staff can provide valuable input to the management of a crisis. Companies without these professionals on staff are advised to seek help from their brokers or other professional service firms. Are these new Enterprise Risk Managers or Senior Risk Officers the “Smartest Guys in the Room?” Not according to Bethany McLean and Peter Elkind, authors of a new book about Enron bearing this title. Insurance managers who are no longer the owners of the risk identification process, need to lay claim to responsibility for event risk management. 4 What can the insurance manager do? • • • • • Crisis management plans and committees – While published materials advocate the formulation of plans and the organization of committees, our group of insurance managers had little to say on this topic. One risk manager told about his company’s well-orchestrated hurricane evacuation plans. Emergency Checklists - It is a good idea to use checklists in a crisis. Examples of emergency checklists include what to do if there is an aircraft accident, a school shooting, an epidemic, a chemical spill, civil commotion and an earthquake. Handling employees and their families – We discussed the importance of the company taking the initiative to notify families and provide them assistance. A number of important do’s and don’ts were discussed. Releasing information to the press and the public – Published materials stress the importance of channeling the internal reporting of information to a senior executive or committee so that a designated person can release information to the public. Our group seemed to recognize this. At the same time, they realize that their company needs to be responsive to their insurance companies who are not likely to leak anything untoward to the public. Ground rules for effective crisis communication: Employ aviation communications techniques: Read back what you hear. Orient all communications toward action. Effective crisis response is not passive Honesty – the Best Policy – Does Not Mean Saying Everything Bruce T. Blythe, Blindsided, Ch. 9 If a consultant is hired, your law firm should engage them so that whatever they discover is protected – Our insurance manager group understood the importance of this. I provided them some Web sites to visit for help. These included www.MarshCrisisAcademy.com , where you can test your company’s crisis preparedness, www.cmiatl.com and www.CrisisExperts.com 5 How can insurance managers plan for events that never have happened before? • Risk mapping, tornado diagrams and other analytical techniques – • Enterprise-wide risk assessments – • How to plan for events that never have happened before? We discussed the starting point of the 5-step risk management process, which is the classification and measure risk. Our group had familiarity with these analytical techniques. However, none in our group said that they had had this kind of analysis performed. Our group was familiar with the ascendancy of the senior risk executive or enterprise risk manager, although none had an executive that had one of these titles at their company. Nor did anyone in our group say their company had conducted an enterprise-wide assessment. We ended with a general discussion of Weik and Sutcliffe’s concept of the High Reliability Organization “HRO.” HROs are… – Preoccupied with failure. Any lapse is a symptom that something is wrong… separate errors can coincide at one awful moment. – Reluctant to simplify. Skeptical, they look beyond the consensus perspective. – Sensitive to operations. Attentive to the front line, they look for loopholes in safety procedures. – Committed to resilience. They detect, contain and bounce back from errors. – Deferential to experts. They promote diversity and are not hierarchical in their organization. Weik and Sutcliffe, Managing the Unexpected, ch. 1 Having served aboard U.S. Navy aircraft carriers, a prime example of an HRO, I could relate to what Weik and Sutcliffe had to say. Their book is available at www.BarnsandNoble.com 6