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The Risky ‘Business of Art’ Explored at Observer Event

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From left: Massimo Sterpi, Elena Zavelev, Anne Bracegirdle, Devin Finzer, Curt Bilby / Photo: Keith Sherman & Associates

NEW YORK—On May 21, the Observer’s inaugural “Business of Art Observed” event brought experts in art, insurance, risk management, tech and finance to the Roosevelt Hotel to discuss established and emerging risks facing the $50 billion art industry.

The “Insurance and Risk Management” session wasted no time exploring creative risk and claims management approaches to the various forms of potential damage to artwork. From transit to security to geopolitical risk, panelists agreed fine art coverage is not a paint-by-numbers process, and said the “framing of a claim” can facilitate a payment.

“Insurance companies get a bad reputation,” said Mary Pontillo, senior vice president and national fine art practice leader at DeWitt Stern. “But the higher-end, really good-quality insurance companies are looking for ways to pay claims. I think that’s where there are a lot of misconceptions.”

For example, she mentioned advising a client whose work was being kept on a yacht. While certain maritime and environmental risks such as humidity were not covered by the policy, she was able to demonstrate that ocean spray had been the source of the damage and successfully get the claim covered.

The session discussed modernizing risk management in the art market and how the industry should apply forensic due diligence to transactions and ensure they view all business activities through a lens of strategic risk. And with transparency cited as a continuous challenge, Dennis Wade, a senior partner at Wade Clark Mulcahy, LLP, who has handled international fine art matters, pointed out the importance of reputation risk when drafting a policy.

“Many policies also contain an exclusion for the dishonesty of the person to whom you deliver or entrust the goods,” Wade said. “So if you consign a work to a corrupt gallerist, there may be an exclusion in your policy and you may not be covered at all.”

The emergence of blockchain technology dominated discussion at another session, “Art Market 2.0: Using Art & Technology to Drive the Industry Forward.” According to panelists, authentication and secure transactions have risen to the top of their risk registers. New Art Academy Founder Elena Zavelev said blockchain’s ability to put individual faces on digital artwork has mostly solved the prior risk of unauthorized duplications, forgeries, and fraud. Zavelev and her co-panelists said blockchain may facilitate a long-term change in the way art is created, sold, curated and insured by improving the ability to track a work’s provenance.

Christie’s AVP Anne Bracegirdle said the masterstroke for streamlining the authentication process is to create a digital, industry-wide registry. Tokenizing original works, she said, would simplify the experience of buying, selling and trading. “If each piece had its own digital identity that would stay the same, no matter where it went, it would instantly provide secure provenance and prices,” Bracegirdle said. “There are companies like Consensus and Microsoft working to create distributed identity networks. The security within that could be applied to scale blockchain—regardless of which blockchain you’re interacting with. Digital identities would provide clients with access to all their consignments and their purchases in one consolidated space, which currently doesn’t exist.”

The evolution of art was also a hot topic during this session since what’s considered a “finished piece” is no longer just a physical canvas. Digital, virtual and even crypto-art may be in their relative infancy but these are gaining global popularity and could significantly influence the industry, said Devin Finzer, co-founder and CEO of OpenSea, a peer-to-peer marketplace for crypto collectibles, gaming items, and digital art.   

“[Owning digital products] has always been confined to a specific ecosystem, like event tickets to a ticketing site,” Finzer said. “Blockchain offers a new type of ownership for these digital assets and it’s exciting for digital art because you can own it in a variety of [digital forms]. Right now, we see the enthusiasm is from tech enthusiasts, but I think over time these ideas around digital ownership will cross over to a mainstream crowd who appreciate the art more than the technology.”

Press Release: RIMS Commends Congressional Foresight to Extend Flood Program Prior to Government Shutdown

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National Flood Insurance Program May 31st Extension Avoids Dangerous Lapse in Coverage

NEW YORK – In the waning hours prior to the U.S. Federal Government’s partial shutdown, RIMS, the risk management society™, welcomed congressional action to extend the National Flood Insurance Program (NFIP). Extended through May 31, 2019, the program will become the responsibility of incoming House Financial Services Chairwoman Maxine Waters (D-Calif.) to draft a longer-term reauthorization.

A long-term reauthorized NFIP bill would provide critical financial support to a wide range of businesses experiencing flood emergencies and continues to be a RIMS legislative priority. The NFIP was the focus of the Society’s 2018 Legislative Summit held in October in Washington, DC. Additionally, this November, RIMS signed a joint letter with other insurance, real estate and banking organizations, urging Congress to take immediate action to avoid a lapse in the program.

“Business leaders, especially those located in areas of the country most susceptible to flood disasters, can breathe a sigh of relief knowing that an NFIP lapse has been avoided,” said RIMS CEO Mary Roth. “While RIMS is happy that the NFIP received an extension, the Society will continue to work diligently with elected officials, offering our support to help create a more permanent, long-term solution.”

RIMS’ Political Action Committee (RISK PAC) has been soliciting donations to allow the Society to continue to engage and support Members of Congress who have demonstrated their commitment to the reauthorization of the NFIP. For more information about RISK PAC or to donate, visit www.riskpac.org.

Q&A: California Businesses Prepare for the Next Quake

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On October 18, more than 10 million Californians participated in The Great Shakeout to prepare for the next catastrophic earthquake and bring awareness to earthquake preparedness across the state. The United States Geological Survey (USGS) predicts a 99% chance of a magnitude 6.7+ earthquake in the Bay Area within the next 30 years, preparation is essential.

Kate Stillwell is a structural engineer and founder and CEO of Jumpstart, a new earthquake insurance provider which helps families and individuals following a disaster via text. As a business owner and lifelong Californian, Stillwell took part in the Shakeout and shared her experience and insight for earthquake preparedness.

Risk Management Monitor: How difficult is it to get businesses to take part in an event like the Shakeout?

Kate Stillwell: The trick is to make it fun. It only takes a few minutes, and if you can get some good laughs out of it, all the better. Also, for the San Francisco Bay Area, the anniversary of the 1989 Loma Prieta earthquake is always the same week as ShakeOut, so people remember and talk about it around the proverbial water cooler.

RMM: How beneficial is it for them to take part?

KS: It builds muscle memory. You need to know what to do without thinking because you won’t be thinking.  Just as important is that the drill strikes up a conversation about other ways to get prepared, not just at work, but at home, too.

RMM: What did you take away from this year’s event?

KS: We got a great video of ourselves and since we’re in a co-working space, we did it in front of all the other startups, which reminded them they need to practice and get prepared, too. 

RMM: What are some commonalities that small, medium and large businesses share when preparing for earthquakes?

KS: Businesses of all sizes must keep their employees safe. Employees need to know how to react, to “Drop, cover, and hold on,” like we emphasize during the ShakeOut, and to climb under desks or other sturdy objects and stay put. Businesses also generally face the challenge of convincing employees to take preparation seriously and review preparedness plans, that’s why national events like the Great ShakeOut are such an effective tool.

RMM: How do small, medium and large businesses differ when preparing?

KS: Small businesses have the advantage of all co-workers knowing one another and being able to physically look out for each other in the event of a disaster. For homeowners, we always say that neighbors are the people you’ll rely on in the event of a disaster, and it really is similar at work. Colleagues are able to look out for each other in the event of an earthquake, and this is much easier for smaller teams. In a larger business, you can replicate these positive effects by grouping people by team.

RMM: How have preparedness plans changed in recent years? What significant improvements, if any, have you noticed or instituted?

KS: The rapid development and improvement of earthquake sensor networks have been the most significant improvement in earthquake preparedness recently. The USGS ShakeAlert system began Phase 1 operations just a couple days ago, providing hospitals, transit systems, and other institutions the earliest possible earthquake warnings so they can initiate life-saving operations. It’s not enough time to evacuate a building, but it is enough time to stop the elevators and open the doors, so people don’t get trapped. These kinds of full-system improvements are making huge strides in helping us prepare and stay one step ahead of the next big earthquake.

RMM: What are some difficulties California businesses – or businesses with operations there – face, that differ from those in other high-risk areas?

KS: One of the biggest factors is downtime. There are so many externalities outside of a business’ control, which affect how soon an operation can get back up and running. The prudent approach for a business with operations in California is to locate any operations requiring continuous uptime, such as out-of-state data centers. Also, consider designating a secondary location for executive operations until the home facilities can be occupied.

RMM: What are the most effective safety drills businesses can perform?

KS: No matter what type of emergency, a really important drill is to practice an alternative chain of command with a command-and-control style of making decisions.  This is so foreign to the normal style of making decisions. In emergency situations, the best person to be in the “command” position is usually not the day-to-day business leaders; it’s someone with emergency response training.

Visit here for more information about Jumpstart.

Hurricane Michael Death Toll Reaches 29 As Water Risks Emerge

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With experts estimating weeks-at-least before normalcy can return to Florida’s Panhandle coast, Hurricane Michael—a category 4 storm which destroyed thousands of houses in Florida and Georgia—has so far caused at least 29 deaths and numerous injuries in four states. Upon its touchdown on Oct. 10, Michael became one of the strongest ever to hit the U.S. mainland with wind speeds of up to 155 miles per hour. Reports indicate that dozens of people are still missing in the U.S. and up to 35 people remain unaccounted for in hard-hit Mexico Beach.

Boston-based Karen Clark & Company, a risk-modeling firm, estimated that Hurricane Michael caused about $8 billion in insured losses. It includes the privately insured wind and storm surge damage to residential, commercial and industrial properties and automobiles. The figure excludes losses covered by the National Flood Insurance Program.

Brian Wooley, vice president of operations for Interstate Restoration, a Texas-based emergency response and general restoration contractor, said the damage outcomes appear similar to major storms that occurred over the last two hurricane seasons.

“With Michael, we have seen far more wind-related damage as opposed to the kind of flooding damage that we saw with Hurricane Florence last month and Hurricane Harvey last year,” Wooley said. “Numerous businesses were completely wiped out and some were left only with standing walls, but no roofs; leaving all of their contents and structures exposed to the environment…they will have to completely rebuild and restock. As devastating as Hurricane Katrina was, Michael caused more widescale wind-related damage. And even with forceful Hurricane Irma, it didn’t destroy entire communities like Michael was able to do.”

More than 158,000 power customers didn’t have electricity yesterday, demonstrating that progress is being made, as 237,000 were reported Monday without power in the southeast as a result. This is a problem exacerbated by the stifling heat, with the hardest-hit areas receiving air-dropped food and water to survive.  The State of Florida said 3 million ready-to-eat meals, 2 million gallons of water and 2 million pounds of ice are being distributed in storm-impacted areas.

Wooley said that many businesses have proven resilient but others are recovering “in a limping manner.”

“Other projects will take months, and still others might take as long as a year-and-a-half depending on the severity of damage, insurance process complexities,” he said.

Environmental Risks

Another risk that residents and businesses in Florida and Mexico will have to contend with is that of grey water, which contains significant chemical, biological, or physical elements.

“[Grey water] may quickly become hazardous to human exposure as microbes and other contaminants begin to grow to dangerous levels when water has been standing in excess of 48 to 72 hours,” Wooley said. “These types of contaminants typically require a special remediation process and careful handling to safeguard against serious health dangers. This issue of harmful algae is an example of why people should be sure to hire a trusted restoration company with extensive experience dealing with these types of storm situations.”

Emergency Orders and Policyholder Protections

On Oct. 14, Florida Gov. Rick Scott directed Florida’s insurance commissioner to take every action authorized pursuant to Executive Order 18-276 to provide additional protections to support recovery efforts in the areas of the state impacted by Hurricane Michael. Gov. Scott and other state legislators made it clear that the expectation for Florida’s insurance companies is to expeditiously respond to policyholders’ needs and to treat families fairly. The quick response of insurance companies is critical to the recovery of Florida families following Hurricane Michael.

Gov. Scott said: “Hurricane Michael absolutely devastated Florida’s northern Gulf Coast and Panhandle and the recovery of every family impacted by this storm is our top priority. Today… we are mobilizing even more resources and staff to provide additional protections for consumers. Our state will never tolerate anyone taking advantage of the families recovering from this storm.”

Gov. Scott directed additional protections for Florida policyholders in the impacted area:

  1. Provide an additional 90 days to policyholders to supply required information to their insurance company. Many Floridians were displaced during this dangerous storm, and providing additional time to submit information to insurance companies gives them needed flexibility.
  2. Require all non-renewals or cancellations issued to policyholders in the days leading up to Hurricane Michael be rescinded for 90 days. This gives policyholders 90 days to either renew their insurance policy, or find a new policy; and
  3. Freeze any and all efforts to increase rates on policyholders for 90 days. Due to the devastating effects of Hurricane Michael, Floridians should be focused on getting back to their normal lives without their insurance premiums being increased.

During the weekend before landfall, Gov. Scott declared a state of emergency for several counties from the Gulf Coast to Navarre on the Panhandle to the Suwanee River.