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Proactive Tips for Businesses Facing Hail Damage Claims

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Last week, a severe thunderstorm unleashed massive hailstones in Alberta, Canada, damaging dozens of cars and unleashing potentially record-breaking hailstones the size of grapefruits. While the stones were notable, the storm was less of a rarity—indeed, hail is becoming increasingly common and increasingly costly as a natural catastrophe peril around the world. In 2020, Aon’s Global Catastrophe Recap identified hail damage in a severe thunderstorm as the driver of one of Canada’s costliest severe weather events on record. In 2021, insurers faced multiple billion-dollar loss events resulting from severe convective storms in the United States, with the greatest damage inflicted by hail that impacted the Plains, Midwest, Southeast and Northeast.

“Public perception often assumes that tornadoes drive the bulk of annual severe convective storm (SCS) damage costs,” said Steve Bowen, managing director and head of catastrophe insight on Aon’s Impact Forecasting team. “The reality is that large hail typically accounts for a majority of thunderstorm-related losses in North America during any given year.”

Further, North America is not alone in facing this peril, as hail also caused significant recent damage events in parts of Europe last year, struck Australia yesterday, and NOAA reports China, Russia, India and Northern Italy are all prone to damaging hailstorms.

As companies assess their natural disaster preparedness, there are some proactive measures that should be taken specifically for hail to leave organizations best positioned for any resulting insurance claims. Many commercial property policies contain provisions that any lawsuit against an insurer must be filed within one year following the “inception of loss,” otherwise it is barred. In other words, the “inception of loss” date starts the one-year clock ticking. The question then becomes, when exactly is that date? The Wisconsin Supreme Court hit this issue head-on in the case of Borgen v. Economy Preferred Ins. Co. In this 1993 opinion, the court determined that the phrase “inception of loss” in the context of hail damage essentially means “the date of the specific hail storm,” not “the date I discovered the hail damage.”

In 2018, the 5th Circuit Court of Appeals took things a step further in Certain Underwriters at Lloyd’s of London v. Lowen Valley View, L.L.C. In that case, a hotel filed a lawsuit against its insurer for refusing to cover hail-related roof damage under a commercial property insurance policy. The 5th Circuit agreed with the insurer’s argument that: 1) several hail storms had struck the vicinity of the hotel in the several years preceding the claim; 2) only one of those storms fell within the relevant coverage period; and 3) the record lacked reliable evidence permitting a jury to determine which of those storms, alone or in combination, damaged the hotel. The 5th Circuit further rejected the hotel’s engineering report, which asserted the subject storm was the “most likely” cause of the damage, deeming it insufficient.

Taken together, these decisions can blindside businesses that believe their insurance policies will automatically respond in the event of hail damage.

Let’s say you operate a business in Plano, Texas, and have a commercial property policy with a renewal date of January 1, 2022. You’ve noticed some recent leaks over the past week in your 8-year-old roof. Based on this discovery, you enlist a roofing contractor to investigate further. You learn that the roof needs to be replaced due to the existence of hail damage, so you submit a claim to your insurance carrier. Now, consider Plano has had at least 11 significant hail strikes since your roof was installed, according to StormerSite: 

Storm Date                 Min. Hail Size Range (Max)
11/10/2021                         1.00”
4/23/2021                          1.00” (up to 2.00”)
5/18/2019                          1.00”
3/24/2019                          1.25” (up to 1.75”)
6/6/2018                            1.00”
4/6/2018                            1.50” (up to 2.00”)
4/21/2017                          1.75”
4/11/2016                          1.50” (up to 2.50”)
3/23/2016                          1.25” (up to 2.00”)
4/27/2014                          1.25”
4/3/2014                            1.75”

Based on the Borgen case, the relevant “inception of loss” date would be the most recent hail storm on November 10, 2021, and each specific storm prior to that. This would mean any claims potentially implicating the events on May 18, 2019, and earlier could be time-barred, assuming your prior insurance policies contain the one-year filing limitation mentioned above. Given the number of equivalent hail strikes over the course of those eight years, you will likely have an uphill battle under Lowen Valley View in attributing the recent April 2021 and November 2021 storms to a loss under your current policy.

Even if it were somehow possible to assign each item of roof damage to a particular hailstorm—and further that statute of limitations issues would not limit recovery almost entirely—the number of storms creates another problem. With 11 storms occurring over the life of your roof, the insurer could argue that would mean 11 separate occurrences, which in turn would mean having to go through 11 separate deductibles before you ever saw a single dollar of insurance proceeds. Depending on the amount of your deductible, this means recovery could be impossible as a practical matter.

Read together, these rulings put the onus on business owners in areas at risk for hail damage to proactively conduct at least annual inspections to determine the existence of any roof damage potentially attributable to a particular insurance policy. It further puts the onus on business owners to understand the insurance claim process, including seeking tolling agreements to extend the deadline for filing a lawsuit.

How to Strengthen Your Safety Program and Cut Workers Compensation Costs

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Controlling business costs is top-of-mind for organizations of all sizes and can take many forms, from moving the business to a less expensive building in a more economical part of town to cutting advertising costs. Many companies overlook one key way to control costs that can be easily implemented and managed while also improving work culture overall: implementing a safety program to better manage workers compensation costs. When the average workers compensation claim is around $40,000, taking steps to mitigate workers compensation risks and better manage claims can be a great opportunity for any business to both ensure the safety of its workers and protect the bottom line.

Risk professionals can help reduce costs by taking steps to implement any of the following:

  • Improved safety programs
  • More active involvement in claims management
  • Build out a return to work program

Encourage your internal teams to establish a well-planned and detailed new hire onboarding program that reinforces a strong safety culture. Here are some steps that you can integrate into your existing onboarding program that will also help control unnecessary or redundant workers’ compensation claim costs.

Practice Makes Perfect

Onboarding new employees means taking the time to acclimate them to how your business operates in terms of safety procedures, jobsite dos/don’ts, and any potential hazards. Repetition is key for any new employee learning the ropes, but especially for those workers who are jumping into a new role. Ensure all new hires have the appropriate time and space to practice any safety protocols and consider implementing a safety quiz at the end of a designated orientation period to test retention.

Use the Buddy System

Provide each new employee with a veteran employee buddy. This partnership aims to help the new employee get acclimated more quickly to the new environment. During their time together, the veteran employee can discuss safety concerns and identify potential hazards. As worksites can become overwhelming with the amount of hustle and bustle, it will be critical for the new employee to have a partner who is able to help keep an eye out for them and monitor their safety until they are ready to venture out on their own.

Cultivate a Culture of Safety

Encourage managers and team leaders to commit to safety goals and practice what they preach. Setting an example for employees early means that management must be “all in” on safety. This ensures that employees on all levels understand that safety is a company-wide priority. Building a foundation of safety-focused programs with the goal of keeping claim costs low will be key to solidifying each employee’s connection to the organization.

There are myriad ways to reduce workers’ compensation costs. What will be most important to your organization is taking into consideration the time and resources it will take to efficiently improve this area of your business. Whether your team decides to do this independently or with the help of a vendor like a PEO, it is essential for companies to prioritize this part of their business to reduce risk. 

Five Strategies to Protect Against Ransomware and Other Cyberattacks

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As organizations continue to adapt to remote or hybrid work models, it has never been more vital to have a robust cybersecurity program to better protect against ransomware attacks and other cyberattacks against company systems and personnel. Ransomware attacks have proven a particular risk in recent years, with attacks like the Colonial Pipeline and myriad attacks on health care organizations demonstrating the serious impact of cyberattacks beyond financial risks, affecting everyday life and business operations.

Ransomware and other cyberattacks are always evolving. Attackers are constantly finding new ways to infiltrate environments while trying to stay undetected. Cyberattacks can target many different points in an organization’s ecosystem, including firewall configuration, patch management, network segmentation and defensive technology. The following five strategies can help companies mitigate cyberrisk and respond to threats quickly and efficiently:

1. Strengthen Asset Inventory
You cannot protect what you do not know exists or cannot see. Having an efficient asset management program can significantly increase visibility and rapidly provide detailed information about systems in the event of a cyberattack. Organizations should document system or device types, operating systems and software used. To be more granular and aggressive, consider documenting what ports and service systems use for business functions and use that as a baseline for future firewall rules and network exceptions.

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Having a strong program is key for every organization, but is even more important in remote work environments.

2. Conduct Security Awareness Training
A comprehensive and effective security awareness program for employees benefits the organization at large. An efficient security awareness program extends visibility and cyber threat detection beyond defensive technologies applied in the environment by empowering people to be a critical line of defense. A robust security awareness training program allows employees to assist with the detection of network anomalies, suspicious emails and other potential threats.

3. Assess Antivirus and Endpoint Detection and Response Programs
Traditionally, antivirus programs have helped detect malicious activity. However, the problem with the traditional antivirus approach in modern day cybersecurity is that attackers regularly update their code to obfuscate and bypass signature-based antivirus products. By employing an endpoint detection and response (EDR) product, organizations create an efficient response to detecting malicious programs and activities based on network anomalies rather than signatures alone. If purchasing and implementing an EDR solution is not viable, consider additional layers of defense around the antivirus software. Ultimately, the goal is to increase visibility and the ability to alert upon suspicious activity.

4. Monitor and Detect New Processes
In addition to having inventory on assets, an organization should document legitimate system processes and software. Upon gaining access to an environment, ransomware downloads and executes its installer to infect the victim. Ensuring visibility into your environment can help IT and information security teams to detect programs or processes with behaviors that deviate from the norm. In turn, this allows operations and incident response teams to respond quickly in the event of those anomalies.
One example is Microsoft Windows’ AppLocker, which generates messages and alerts about anomalies such as when an attacker attempts to install an executable outside of the known baselined created. By creating baseline rules, AppLocker will create an 8003 warning message that can be collected and parsed using a security incident and event management (SIEM) product or log aggregator and monitored by the IT or information security team.

5. Network Anomaly Detection
Ransomware moves laterally across the network while infecting systems. This can be done quickly while raising flags or network anomalies such as authenticating to several systems within minutes. It is uncommon for systems or domain administrators to connect to multiple systems rapidly and on a large scale on internal networks. To differentiate between legitimate and potentially malicious activity, network administrators must first document legitimate network connections and known behaviors. This supports anomaly detection by establishing outbound and inbound connectivity from the organization’s servers.

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Once the legitimate network connection is documented and a baseline is created, you can leverage defensive technologies and monitoring programs to alert when deviations occur. Then, create alerts in firewalls and SIEM solutions to quickly detect and respond to network anomalies.

As cybercriminals become more advanced, cybersecurity programs must also evolve to identify and prevent malicious behavior. By implementing the best practices and strategies mentioned above, organizations can dramatically reduce their exposure to ransomware and other cyberattacks.

RIMS Kicks Off RISKWORLD 2022 Honoring Top Risk Professionals

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SAN FRANCISCO—At today’s RISKWORLD 2022 opening ceremony and awards luncheon, RIMS recognized top risk management and insurance professionals with the society’s annual awards.

This year’s Risk Manager of the Year is Courtney Davis Curtis, assistant vice president of risk management and resilience planning for the University of Chicago. As reported in the cover story of the 2022 RIMS Awards Edition of Risk Management, Curtis oversees a small risk management team at UChicago that is responsible for insurance programs covering a wide array of risks, claims management and alternative risk financing and captive operations. In addition to weathering the pandemic and a couple of significant property losses in 2021, Curtis also co-led the sourcing and adoption of a new enterprise risk management framework. Additionally, she has made significant contributions to the broader risk community, serving as this year’s president of the University Risk Management and Insurance Association (URMIA), where she has instituted a new diversity, equity and inclusion (DEI) initiative for risk professionals in the education sector.

“Courtney Davis Curtis’ risk management philosophy is spot on,” said RIMS President Patrick Sterling.

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“Risk professionals must make it their priority to deliver solutions and create pathways for strategic initiatives to move forward.
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Not only is Courtney’s tremendous success at the University of Chicago inspiring but her commitment to giving back to the global risk management community and sharing her experiences to advance this profession is beyond admirable. It is RIMS honor to present Courtney with the 2022 Risk Manager of the Year Award.”

Risk management legend and former RIMS President Lance Ewing earned the society’s most prestigious award, the Harry and Dorothy Goodell Award. Ewing, vice president of enterprise risk management and operations for the San Manuel Band of Mission Indians, was honored for furthering the risk management discipline through outstanding service and achievement.

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In recognition of outstanding programs implemented within her organization, the newest inductee into the Risk Management Honor Roll is Jana Utter, vice president of enterprise risk management for Centene Corporation.

“Collaboration is critical to risk management success and it is apparent that Jana Utter’s ability to bridge gaps across her company has created opportunities to build a strong, cross-functional program that accentuates risk management’s value at Centene,” Sterling said. “Through her volunteer work serving on RIMS committees, this society has benefited directly from her expertise and we could not be more proud than to induct Janna into RIMS Risk Management Honor Roll.”

The society also honored excellence among its chapters, which have been particularly pivotal for engaging the risk community with professional development and networking opportunities amid the pandemic. Lori Seidenberg, director and global head of real assets insurance risk management for BlackRock, Inc., and the current president of RIMS New York Chapter, received the Ron Judd “Heart of RIMS” Award for outstanding performance in furthering the risk profession through the society’s chapters. Several chapters were also recognized for offering exceptional resources, programming and professional opportunities for local members, including RIMS Chicago, RIMS Nevada, RIMS Upstate New York and RIMS Washington. The Atlanta chapter was named RIMS Chapter of the Year, an honor accepted by Tamieka Weeks, Atlanta chapter president and manager of insurance risk for Southwire Company.

Among rising risk professionals, the RIMS Rising Star Award went to Charles Vu, enterprise risk supervisor for California’s State Compensation Insurance Fund, who was honored as an up-and-coming leader in the risk management community for “demonstrating exceptional initiative, volunteerism, professional development, achievement and leadership potential.”

For more information on this year’s award winners and their experiences in risk management, RIMS members can also check out the April 2022 RIMS Awards Edition of Risk Management, available as a digital issue here and a special print issue for those attending RISKWORLD.