Download - Business Interruption Presentation

1. B usinessI nterruption Insurance Coverage

2. Topics 1. Basics of business interruption coverage 2. How to calculate the loss3. How to present your claim effectively and achieve resolution with the insurance company 3. Basics of Business Interruption Coverage Section I 4. Basics of Business Interruption Coverage

Protect the insured against loss of income.

Put the insured in the same financial position as if no loss had occurred.

Section I Purpose of Business Interruption Insurance 5. Extended to cover theActual Loss Sustainedby the Insured during aPeriod of Interruptiondirectly resulting from physical damage of the type insured against by this Policy, to property not otherwise excluded by this Policy, utilized by the Insured and located as described elsewhere in this Policy Business Interruption Insurance typicallyprovides that it is: Section I 6. Business Interruption Chain Rule Section I IN THE EVENT OF 1. A Discrete Event of Physical Loss or Damage 3. From a Risk of Loss 4. Where No Exclusion Applies 5. Which Causes an Interruption of Business Operations THE POLICY COVERS 6. The Defined Loss 7. For The Defined Indemnity Period 2. To Described Property 7. Direct Loss Section I

Concurrent Causation

Policy will cover so long as the cause of the loss is the predominant or efficient proximate cause

8. Section I

Physical Destruction of

Property Not Required

Loss of Use of Property

Constitutes Physical Loss

Physical loss or damage means:

physical dispossession of property from the insured without their consent , or actual, substantive, physical changes to property that reduce the propertys worth orusefulness , as distinguished from changes that exist only in the minds of people.

Physical Loss or Damage 9. Examples of Covered Losses Of Use Section I

Hughes

Data Tab

First Presbyterian Church

10. Covered Property Section I

Service Interruption

Customers/Suppliers

11. Fortuity Section I

Cant insure property as theflood waters approach

Subjective knowledgenecessary

Insurer must prove thatpolicyholder was aware ofdamage attime insurancepolicy incepts

12. Section I Suit Limitation

Suit must be commenced

within one year of date of loss

Strict Construction

Tolling of the

Limitation Period

Date of Discovery of

Damage

13. Actual Loss Sustained This policy is intended to cover the Actual Loss Sustained during a Period of Interruption directly resulting from physical loss or damage of the type insured against by this Policy... Basics of business interruption coverage Section I 14. Gross Earnings Gross Earnings shall be defined as the net sales value of production less the cost of all raw stock, materials and supplies utilized in such production and any other non-continuing expenses. Basics of business interruption coverage Section I 15. Basics of business interruption coverage Section II A typical period of interruption clause provides, in pertinent part, as follows: The period from the time of the physical damage of the type insured against by the Policy to the time when with due diligence and dispatch damaged buildings and equipment could be repaired or replaced and made readyfor operations under the same or equivalent physical and operating conditions that exist prior to the damage, not to be limited by the day of expiration named in this Policy 16. Extended Period of Indemnity - Additional period which typically covers an insured for loss of market share Contingent Business Interruption - Covered loss that occurs to a companys suppliers orcustomers Basics of business interruption coverage Section I 17. How to Calculate the Loss Section II 18. Section II In determining the indemnity payable Consideration shall be givento the experienceof the business beforethe probable experiencethereafter How to calculate the loss 19.

Factors to consider:

Actual experience of the business before the loss

Expected experience of the business after the loss

Actual experience of the business after the loss - Mitigation

Reasonableness of repair period- due diligence and dispatch

How to calculate the loss Section II 20.

Other Key Factors

New customers

New product lines

Changes in market prices

Changes in market demand

Cost cutting measures expected during loss period

Seasonality

Competitor changes

New supplier agreements

Section II How to calculate the loss 21.

Continuing Expenses

Fixed expenses

Payroll of key employees

Some utilities

Depreciation

Rent

Contractual obligations

Advertising

Others?

How to calculate the loss Section II 22.

Non-continuing or Saved Expenses

Raw materials and supplies

Ordinary payroll vs. key employees

Utilities

Maintenance

Rental equipment

Sales commissions

Others?

How to calculate the loss Section II 23. Extra Expense Endorsement This policy is extended to cover 1.The reasonable and necessary extra expenses incurred to temporarily continue as nearly normal as practicable the conduct of the Insureds business. 2.The reasonable and necessary extra costs of temporarily using property or facilities of the Insured or others. How to calculate the loss Section II 24.

To indemnify for loss-related expenses which are incurred toCONTINUE OPERATIONS but whichDO NOTreduce the loss

Extra Expense Coverage Section II 25. Extra Expense Basic Purpose Section II . . . Then the Company Has Incurred Extra Expenses If a Company . . . Has an Insured Physical Damage Loss Which Causes an Insured Interruption of Business LO$$ Which Requires Additional Expenses to Operate the Business LO$$ And Those Expenses INCREASE the Loss . . . LO$$ 26.

Fulfill Contracts

Maintain Market Share

Satisfy Customers

Maintain Goodwill

Maintain Employees

Secure the Property

Simply Operate

Expenses Necessarily Incurred to: Extra Expense Examples Section II 27. Types of Expenses Section II Additional Manpower Additional Utilities Overtime Non-Operating Loss-Related Expenses Resale Price Purchase Price Purchase of Finished Product for Resale Above Sales Price Temporary Facilities Notice Cost to Retain Customers 28. Expense to Reduce the Loss This policy also covers such expenses as are necessarily incurred for the purpose of reducing any loss under this policy,but in no event shall this company be liable for an amount greater than that for which it would have been liable had the Insured been unable to make up any lost production or to continue any business operations or services. How to calculate the loss Section II 29. Expediting Expenses Basic Purpose Section II If a Company . . . Has an Insured Physical Damage Loss Then the Company Has Incurred Expediting Expenses Which Can Be Reduced by Incurring Additional Expenses . . . LO$$ Which Causes an Insured Interruption of Business LO$$ 30.

To be a Recoverable Expediting Expense, the Expense:

1) Must be related to the covered loss

2) Must have been incurred for the purpose of reducing the loss

3) IsLIMITEDto the amount by which the loss is reduced

Expediting Expense Test Section II 31.

The Insurance Company Will Pay up to

If

It Saves a Dollar of Business Interruption Loss!

99 To Simplify . . . MAKES SENSE! Expediting Expenses Section II 32.

Air freight

Telephone charges

Rental units - compressors, generators

Capital items - shelves, remodels, and renovations

Processing agreements

Outside storage of intermediate product

Demurrage

Overtime pay

Excess heat, light, and power

Expediting Expense Examples Section II 33.

Mitigation

Duty to mitigate.

Mitigating revenue must be credited against the claim.

Costs incurred to mitigate must be added to the claim.

How to calculate the loss Section II 34. Business Interruption losses are typicallyadjusted by following these five steps: 1. Pinpoint the length of time during which production or business operations were interrupted because of an insured event 2. Determine the quantity of lost production. This is done by reviewing: inventory records,production records and sales records. Compute what the plant what have normally produced,had there been no loss. The see how manyunits were actually produced. The difference isthe Gross Lost Production.Section II 35. 3. Deduct any sales or production that can be continuedor made up through the use of existing inventories, other plants, working overtimes, etc. The difference is theNet Lost Production. 4. Multiply the lost production by the unit B.I. Value (net profit and fixed expenses). 5. Add back the extra costs associated with the above make up including the extra costs to replenish inventory used to maintain sales during the interruption, overtime premiums, etc. Continued... Section II 36. How to Present Your Claim Effectively and Achieve Resolution with the Insurance Company Section III 37.

Believe in your claim

Present your logic

Present documentation

Meet in person

How to present your claim effectively and achieveresolution with the insurance company Section III 38.

What stops the settlement process?

Exaggerated claims

Withholding information

Unrealistic expectations (by either side)

How to present your claim effectively and achieveresolution with the insurance company Section III 39. Believe in your claim Go for 100% recovery on a defensible claim - -Not for 50% on an inflated claim How to present your claim effectively and achieveresolution with the insurance company Section III 40.

Present Logic

Logic always wins

Lay out the facts

Affidavits

Present Documentation

The insurer will not just take your word for it