Saturday 23 October 2010

Hurricane Paula Spares Mexico's Coast, Heads for Cuba

October 13, 2010

Category 2 Hurricane Paula passed 60 miles east of the resort town of Cancun, Mexico this morning, packing maximum sustained winds of 100 mph, according to catastrophe modeling firm AIR Worldwide. With hurricane force winds extending only 15 miles outward from the center, Paula did not bring damaging winds to the hotel-lined Yucatan coast. In Cancun, maximum recorded winds were below tropical storm strength.

Ahead of the storm, authorities evacuated 1,500 residents off the Isla Holbox and 60 fishermen from Isla Contoy, and sea travel was suspended to and from Cozumel. Paula's passage near these islands earlier this morning was uneventful, and no damage has been reported thus far, AIR said.


"The rapid intensification that Paula went through yesterday has concluded, and there has been little change in strength in the storm overnight," said Dr. Tim Doggett, principal scientist at AIR Worldwide. "The upper levels winds have increased as expected, which will result in higher amounts of wind shear around Paula. This will gradually weaken the storm over the next couple of days."

According to the National Hurricane Center's (NHC) 10:00 AM CDT advisory, the storm was located approximately 70 miles east of Cancun and 65 miles west-southwest of Cuba. It is moving north near 5 mph, and an upper level flow is expected to turn Paula to the northeast and then east later today toward Cuba. On its projected path, Paula is not expected to threaten Mexico's main offshore oil-producing region.

NHC's current forecast takes Paula north of western Cuba around a persistent area of high pressure over the Caribbean. Tropical storm force winds could start affecting Cuba beginning this evening, and a hurricane warning is in effect for the province of Pinar del Rio, Cuba.

"If the storm tracks further eastward, interaction with mountainous terrain will further disrupt the storm," said Doggett. "Given the small size of this system, once the storm encounters these mountains, it should decay quickly."

Doggett said it is possible that Paula will track further north, remain over water, and approach the Florida Keys. "If this scenario is realized, Paula may be able to maintain its structure for a longer period of time and impact the western Keys over the weekend. However, given the existing environmental shear, it is unlikely the system will be at hurricane strength at that time," he said.

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Employers Should Consider 'Increased Risk Test' When Evaluating Workers' Comp Benefits

October 14, 2010

The Nevada Supreme Court has ruled that although employers are not "absolutely liable" when employees are injured "on the job," companies should apply the "increased risk test" to determine whether they are entitled to workers' compensation benefits.

The justices explained the increased risk test in Rio All Suite Hotel & Casino v. Phillips. According to court documents, Kathryn Phillips was a poker and blackjack dealer at the Rio All Suite Hotel & Casino in Las Vegas. While taking her mandatory 20-minute break during her usual eight-hour shift, she walked down the stairs to the employee break room, slipped, and fractured her ankle.

Her treating physician determined her injury was work related, and Phillips had surgery to repair her ankle. But Rio's third-party administrator, Sedgwick CMS, denied her claim saying Phillips did not prove the injury arose out of her employment.

"The types of risks that an employee may encounter during employment are categorized as "those that are solely employment related, those that are purely personal, and those that are neutral," the high court said.

In Phillips' case, the risk appeared to be neutral -- "neither distinctly employment nor distinctly personal character." However, the court said it was appropriate to apply the increased risk test, which "examines whether the employment exposed the claimant to a risk greater than that to which the general public was exposed."

After evaluating the case, the state Supreme Court said, "that substantial evidence in the record supports the conclusion that under the increased-risk test, Phillips' injury arose out of the course of her employment."

Phillips was required to take six periodic breaks, and there was no evidence to suggest that employees had any other means of reaching the employee break room without the stairs.

"Because the employees' periodic breaks were mandatory, Phillips was required to use the staircase six times during each shift. In fact, in its opening brief, Rio calculated that during the course of Phillips' 17-year employment, she traversed the stairs approximately 25,000 times,' the court said. Thus, the court concluded that the frequency with which Phillips was required to use the stairs subjected her to a significantly greater risk of injury than the risk faced by the general public. Consequently, Phillips should be awarded benefits, the high court wrote.

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Friday 22 October 2010

ACE Makes Marine Appointments

October 14, 2010

ACE Global Markets (AGM) announced key appointments as part of a restructuring of its Marine team in London, as follows:

Mike Reynolds has been promoted to Class Underwriter for the Marine Hull and Marine Liability Account. Mike was formerly Deputy Hull and Yacht Underwriter for AGM and the Marine Manager for the UK & Ireland. He will be responsible for the performance of the Marine Liability, Hull, Yacht and War classes and report to Andrew Williamson, AGM Product Line Head.

James May joins AGM as Deputy Marine Hull and Liability Underwriter. James was previously with Hiscox Underwriting for seven years where he held roles within their Marine Hull, Cargo, Liability and Reinsurance departments. Prior to Hiscox, James worked for Price Waterhouse Coopers.

Peter Jerman joins as Yacht Underwriter in the Marine Hull team. Peter was previously with RFIB, the international Lloyd's insurance and reinsurance broker, where he was a Marine Hull and War placement broker before specializing in Yacht business. Prior to RFIB he worked for Besso in their Marine department.

David Kirk has been promoted to the position of Deputy Cargo Underwriter and will also continue to assist on the AGM Specie account. David joined ACE five years ago and has worked within the marine department initially as Specie Underwriting Assistant and then on the Specie and Cargo product lines.

Michael Southgate has joined AGM to assist Jason Roe, Fine Art and Specie Underwriter, in underwriting the specie account. Mike was previously with Heath Lambert Limited where he was an Account Executive dealing with a worldwide book of Jewelers' Block, Cash in Transit and general Specie accounts. He also placed a number of large Fine Art risks.

Williamson commented: "These appointments demonstrate our ongoing commitment to the marine market. The team provides a range of skills and expertise that will further enhance our service and the delivery of first class underwriting to our clients."

Source: ACE Global Markets

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Soft Market Persists; Fierce Competition to Continue into 2011: Marsh

October 14, 2010

Soft commercial insurance market conditions persisted through the third quarter of 2010, with lower rates on average across major coverage lines, according to a new report from broker Marsh.

Intense competition and overabundance of capacity continue to define the commercial insurance market, which is likely to remain stable into 2011 barring an unforeseen market-changing event, Marsh said in its report, U.S. Insurance Market Report 2010, Third Quarter Update: Insureds Net Benefits as Downward Rate Pressures Persist.

Based on data compiled from Marsh accounts renewing in the third quarter, the report found that:

Property rates declined an average of 6.1 percent;General liability rates declined an average of 6.7 percent;Workers' compensation rates declined an average of 5.3 percent;Auto liability rates declined an average of 0.1 percent; andDirectors & officers liability (D&O) rates declined an average of 8.7 percent.

"Commercial insureds continue to experience favorable market conditions as competition among insurers remains high and capacity plentiful," said Joe McSweeny, president, United States and Canada Division, Marsh. "A surplus of capacity, continued profits for insurers, and a stable litigation environment should lead to continued stability in the fourth quarter of 2010 and into 2011."

Marsh's report found that despite an estimated $18 billion in worldwide insured catastrophe (CAT) losses in the first two quarters of 2010, property rates for domestic and global businesses purchasing insurance in the U.S. typically declined five to 10 percent in the third quarter.

Barring some unforeseen event, the property market's abundance of capacity will likely impel insurers to further decrease rates into 2011 in order to maintain market share, according to the broker's report.

Similarly, primary casualty—comprised of workers' compensation, general liability, and automobile liability—remains largely a "buyer's market," with rates trending downward on average across all lines of business through the third quarter. Collateral continues to be an important negotiation point with primary liability carriers and often overshadows rate discussions during renewals. Insureds with a concentration of collateral with one carrier, or with specific collateral issues or needs, may have difficulty finding alternative solutions, Marsh said.

Rate trends for lead umbrella generally were similar to those experienced in the primary market, while excess liability rates showed moderate decreases on average, based on the class of business and competition levels.

The primary and excess D&O market remains extremely competitive, with premium reductions continuing to be realized in the first three quarters of 2010 for companies with favorable risk profiles. Rate changes for individual companies varied significantly depending on several factors, including market capitalization, industry, liquidity and loss experience.

One area of interest to D&O underwriters is the potential impact of the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. While the full impact of the legislation will not be known for some time, Section 922 of the Act provides new incentives to whistleblowers, including substantial "bounties" in proceedings where the Securities and Exchange Commission (SEC) collects more than $1 million in fines or penalties. These new provisions could lead to a wave of employee whistle blowing that could result in significant regulatory activity and follow-on civil litigation.

Marsh's third quarter update is based on data from Marsh's Global Benchmarking Portal and reflects transactions brokered by Marsh through the end of the third quarter.

Source: Marsh

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Auto Insurance Quotes Comparison: Two Killed as Combine Strikes Power Lines on New Jersey Farm

Auto Insurance Quotes Comparison: Two Killed as Combine Strikes Power Lines on New Jersey Farm

Thursday 21 October 2010

Stanford Denied Use of Lloyd's Insurance to Pay Fraud Defense

October 14, 2010

Copyright Reuters

Accused swindler Allen Stanford may not use $100 million in a Lloyd's of London directors and officers insurance policy to pay the lawyers defending him on charges of running a $7 billion fraud, a U.S. judge in Texas ruled Wednesday.

Stanford's criminal trial is scheduled for January on charges that he and other top executives of Houston-based Stanford Financial Group swindled investors who bought certificates of deposit issued by Stanford International Bank in Antigua.

A ruling by U.S. District Judge Nancy Atlas said that lawyers for Lloyd's had proven at a trial in August that it was likely that Stanford had committed money laundering. Stanford and his co-defendants deny any wrongdoing.

The court "concludes as to each plaintiff that the policy's money laundering exclusion applies to justify underwriters' denial of insurance coverage at this time,'' Atlas's written ruling in Houston federal court said.

She said that the findings "are neither final findings of fact nor conclusions of law'' for use in the criminal case or the civil case by the U.S. Securities and Exchange Commission against Stanford and three other executives.

The executives had argued that they could not afford to pay their lawyers because their assets were frozen when the SEC charged them in February 2009.

The Lloyd's underwriters of the directors and officers policy denied coverage after one defendant, former Stanford Chief Financial Officer James Davis, pleaded guilty to some of the charges last year.

The cases are Laura Pendergest-Holt et al v Certain Underwriters at Lloyd's of London, U.S. District Court for the Southern District of Texas, No. 09-3712 and U.S. v Stanford 09-342 and SEC v Stanford International Bank 09-298.

(Reporting by Grant McCool, editing by Gerald E. McCormick)

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Wednesday 20 October 2010

Poll Shows AIA IPO Price Seen Above Mid-point; Will Raise $19.8 Bn

The IPO of American International Group Inc's Asian life insurance unit is set to command a valuation above the mid-point of an indicative range as attractive valuations draw in investors to the world's second-largest float this year.
Bailed out insurer AIG plans to sell more than half of its stake in AIA Group Ltd through a Hong Kong listing, aiming to raise up to $20.5 billion at the top price, including a rare up size option and an overallotment to underwriters.
Asia has led the world in IPOs, raising $90 billion in the first nine months of the year, according to data compiled by Thomson Reuters -- more than double the combined total from the United States, Europe, the Middle East and Africa.
"Unlike Chinese insurers, which are in a relatively high growth stage, its (AIA) growth is seen at a slower pace. It will be attractive if it can price near the lower end range," said Patrick Yiu, a director from CASH Asset Management.
AIG is offering 5.86 billion shares in a range of HK$18.38-HK$19.68 each ($2.35-$2.52) under the basic offer.
At its top end, AIA will be valued at $30.5 billion, just above the $30.4 billion UK insurer Prudential had offered for AIA in June, after cutting its initial bid. The bid ultimately failed.
A Reuters poll of 17 participants forecast AIG to price its IPO at HK$19.14 each, with estimates ranging from HK$18.38-HK$19.68, matching the official indicative price range.
Ten fund managers, two analysts, four traders and one hedge fund manager participated in the poll, which closed on Wednesday.
On Sunday, sources said the AIA IPO had already been covered more than five times in the first week since it was launched on Oct 5.
At the top end, AIA will be valued at 1.32 times price to embedded value, far lower than some of the Chinese insurers such as China Life and Ping An Insurance Co.
AIA's unique position as the only listed life insurer with a wide foot print in the rapidly growing Asia Pacific region is a big draw for investors, fund managers said.
The firm operates in 15 markets in Asia. Unlike many other foreign insurers, AIA has 100 percent ownership of its entities in China, Indonesia, Malaysia, Thailand and Vietnam. AIA has more than 300,000 agents in Asia.
AIA's large size means it will have a sizeable weighting in the benchmark Hong Kong stock index, creating additional demand from Index tracking funds. CLSA Asia Pacific expects AIA to have a 5 percent weighting in the Hong Kong index.
"It will leave you with no choice but to go ahead and subscribe for the shares even if it is priced at the higher end of the range," said Alex Wong, a director with Ample Finance Group. "It is a hot issue and there is ample market liquidity," Wong added.
At $20.5 billion, the AIA IPO would be the world's second biggest so far this year and the largest ever on the Hong Kong stock exchange. It could generate about $300 million in underwriting fees.
The IPO follows the record-breaking $21.9 billion IPO of the Agricultural Bank of China Ltd in July.
Citigroup Inc., Deutsche Bank AG, Goldman Sachs Group Inc and Morgan Stanley are joint global coordinators for the IPO. AIG has hired a total of 11 book runners to market the offer.
MARKET RALLY
AIA's offer is being supported by strong foreign inflows into Asia which has driven many regional stock markets to multi-year highs. The MSCI Asia-Pacific ex-Japan index has rallied about 13 percent from its August lows.
The IPO is set to be priced on Oct. 21/22 and trading will start on Oct. 29.
AIA traces its roots in Asia to 1919 when Cornelius Vander Starr, a young American entrepreneur, established a fire and marine insurance agency Shanghai. It has more than 23 million in-force policies and a brand widely recognized in Asia.
"Retail investors are excited about the issue due to its already established brand name and relatively significant market share. People are betting on another hefty gain on debut," Alfred Chan, chief dealer at Cheer Pearl Investment.
Both China Life and Ping An trade more than 2 times price to embedded value due to their higher growth rates in China.
Embedded value is a measure commonly used to gauge the value of insurance companies and includes the present value of future profit from long-term insurance contracts.
(Additional reporting by Daisy Ku and Lee Chyen Yee in Hong Kong, and Kevin Lim in Singapore; Writing by Denny Thomas; Editing by Anshuman Daga)
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NSM Hires Squires as Business Development Manager

Austin, Texas-based NSM Insurance Group has hired Jimmy Squires as business development manager for south Texas, Alabama, Arkansas, Louisiana, Missouri, Mississippi and Tennessee.
Squires has more than 20 years experience with carriers and managing general agencies in both senior marketing and underwriting roles primarily in Southern states. He has significant experience building relationships with independent agents in his prospective states and will provide knowledge and leadership in developing those and establishing new relationships, NSM said in a statement.
NSM Insurance Group is a national property/casualty insurance service firm and specialist in the development and implementation of industry specific insurance programs.
Source: NSM Insurance Group
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Tuesday 19 October 2010

How to Manage Employment Risk in a Slow Economy

The difficult economic conditions of the last few years are on t op of most people's minds. Challenging economic circumstances are adversely impacting individuals and proving destructive to public entities across the nation. The weak economy affects cities and counties everywhere and it seems no person or group is entirely immune.
Layoffs have become increasingly common — and along with them, the number of employee discrimination cases has grown.Last year saw a sharp increase in the number of claims filed under the Americans with Disabilities Act (ADA), meaning more people are filing lawsuits claiming discrimination against their employers. More claims were filed by people with disabilities during 2009 than at any other time during the 20-year history of the ADA, with almost 21,500 related charges filed with the Equal Employment Opportunity Commission.
It's no coincidence that increased layoffs and discrimination suits have a direct relationship. Two circumstances have helped generate this alarming fact. First, recent changes to the ADA have expanded the reach of the act, opening up benefits to those who were formerly not protected. Second, current economic conditions have led to widespread workforce reductions, which makes employers more vulnerable to discrimination suits. Complaints include issues such as arbitrary firing (or dismissals), being overlooked for a promotion or not receiving proper accommodations to complete one's work.
Layoffs Done Right
In order to avoid lawsuits, employers must not inadvertently discriminate in workforce reduction plans, not only against those with disabilities, but also against those belonging to other protected classes. Terminating employees is never easy, but there are some suggested practices to minimize legal repercussions. Among them:
• Exhaust available options. Prior to layoffs, ensure all other alternatives have been explored. Reduce the number of temporary and part-time employees. Offer early retirement buy-out options. Establish an abbreviated work week.
• Communicate early and often. Advise employees as soon as possible of the coming changes. Hold individual meetings with affected employees. Make information readily available to all staff members so concerns can be addressed and the spread of misinformation diminished.
• Ease the transition. If possible, make assistance available to employees. Consider offering outplacement programs such as vocational rehab, family financial planning and health-care/benefits meetings.
• Document everything. Document all actions and why those decisions were made. Have a clearly written plan on staff reductions and be sure to follow it.
• Work closely with legal counsel. Each step of the process of employee reduction, termination or furloughs should be closely scrutinized by your legal advisers. Prepare legal counsel with documentation to ensure that there is not a violation of a federal law or an unintentional appearance of discrimination. Most insurance carriers are willing to provide assistance with employment practices and employment issues.
• Make security a priority. We've all heard of the tragic episodes of workplace violence that are somber reminders that workplace safety cannot be taken for granted. Employing proper security practices can help ensure that employees are protected from a potentially dangerous situation. Your business should also train employees to recognize warning signs such as employees making threatening remarks about supervisors and other employees. When layoffs do occur, ensure current employees are safe from retaliation.
EPLI: Your Legal Protection
Layoffs come with a whole host of potential legal claims. State laws and other government entities, such as the EEOC, are also catalysts for discrimination suits. Consequently, it is important that risk managers ask themselves: Do we have the right to reduce staff or employee work hours? The quick answer is yes, absent a contract, union agreement or other employment manual, and as long as staff or work-hour reductions are not discriminating against a protected person or in violation of a federal or state law. All decisions regarding staff reductions should include the insight of experienced legal counsel, lest an organization risk putting itself into an unforeseen legal position.
But even when a layoff is conducted in the most appropriate, fair way possible, lawsuits are sometimes inevitable. That's where Employment Practices Liability Insurance (EPLI) comes in, to help protect your business against claims by workers that their legal rights as employees have been violated. EPLI offers defense against a wide range of employee lawsuits, including discrimination, sexual harassment and wrongful termination.
Available as a stand-alone product and sometimes as an endorsement to a Business Owner's Policy (BOP), companies large and small should invest in this type of protection, as no business is immune from legal repercussions.
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Molenaar is vice president of risk control for OneBeacon Government Risks.
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Everest Re Management Shakeup: Taranto Stays; Jones Leaves

The Everest Re Group's Board of Directors has announced that Joseph V. Taranto has accepted its request to reconsider his decision to retire and will remain as Chairman and CEO through December 31, 2012.
At the same time the Board announced that Ralph E. Jones III, currently Everest Re's president and COO, "has asked the Company to accept his resignation effective October 7, 2010."
Taranto stated: "I am dedicated and energized to continue to lead the Company forward. Given all of Everest's strengths, I expect us to continue to perform well despite challenging market conditions. I also want to thank Ralph Jones for his contributions to Everest and wish him the very best."
Standard & Poor's Ratings Services issued a statement in reaction to the two announcements indicating that Everest Re's ratings "were unaffected by today's announcement of the resignation of Ralph E. Jones III, president and chief operating officer, effective Oct. 7, 2010." S&P also noted that he had been "expected to become the CEO of Everest effective Jan. 1, 2011."
S&P expressed confidence in Taranto's leadership, indicating "we don't believe this management change is a concern, based on Mr. Taranto's extensive experience at Everest. Nevertheless, we note the void created by Mr. Jones' sudden departure, given his previous role at the company and his 30-plus years of industry experience."
Source: Everest Re and Standard & Poor's
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Monday 18 October 2010

North Carolina Opens Criminal Probe of Insurance Agent Who Killed Himself

State Insurance Department officials say they have begun a criminal investigation into the businesses of a Fayetteville man who killed himself in August.
The Fayetteville Observer reported that a spokeswoman says the state Insurance Department has begun the investigation of the business affairs of 63-year-old Raymond Lee Mulkey Jr.
Documents filed in Harnett County court show Mulkey left behind more than $40 million in liabilities and only $8 million in assets.
Those debts caused the Insurance Department to audit Mulkey's insurance businesses in Dunn and Fayetteville. Department spokeswoman Kristin Milam says the criminal investigation began after the audit was finished.
Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Affordable auto insurance

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Sunday 17 October 2010

Rate and compare auto insurance help save, save money

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Understanding auto insurance

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