Category Archives: Risk Management

Ed Hochuli Negotiates with the Big Boys

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In a colorful presentation at RIMS 2013 in Los Angeles last week, NFL referee and attorney Ed Hochuli shared his secrets of successful negotiations gleaned from decades on the gridiron and in the courtroom. Accompanied by film clips showing him flubbing on-field instructions and being berated by coaches, Hochuli pointed out that there are two types of negotiators. Understanding the strengths and weaknesses of each is how you win the negotiation.

The aggressive type, he explained, are “always on the push.”

They use intimidation, threats, claims of superiority and cast blame on their opponents in an effort to get their way. Aggressive negotiators will make extreme demands and few concessions. While these types will rarely get taken advantage of, they tend to create a feeling of mistrust and are, more often than not, unsuccessful — 75% receive poor results, Hochuli said. Cases take longer to resolve and end up going to trial at twice the rate of other cases.

Cooperative negotiators, on the other hand, try to find agreement and move toward their opponents.

They generally establish credibility and good faith by presenting themselves as trustworthy and fair.

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They are willing to make concessions in an effort to reach the best outcome for both parties. This strategy results in more success and easier settlements, as both parties tend to feel like they’re getting something out of the deal. Of course, this strategy runs the risk of exploitation, especially by an aggressive opponent who considers a cooperative opponent to be weak.

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But Hochuli pointed out that this can still work as long as the cooperative party understands what is happening and doesn’t get rattled.

Hochuli’s final bit of advice for successful negotiation was simple: Make the first offer.

He demonstrated how starting with a low number in a discussion anchors the conversation to that range and can allow you to set the tone for settlement at an appropriate level for your company. It gives the opponent a better idea of what a claim is worth. Or at least what a company is willing to pay.

And when you’re negotiating with, say, the NFL about ending last year’s referee lockout, this is probably good information to have.

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Green Construction Risks and Rewards

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Green construction has become more and more popular over the past decade. Businesses and homes are turning to green while the government encourages it through tax incentives. But going green is not just about sustainable or local products in construction. It involves specific construction standards, various rating systems and green construction codes. Last week, a session at the RIMS Annual Conference & Exhibition helped us understand the complexities of green construction.

Speaking on the matter were:

Stephen Grossmark, partner at Tressler
James McIlnerney, vice president, field operations and risk manager for Leopardo
Matt Lumelleau, producer for Lockton Companies

There are many different green construction standards depending on what type of construction is being done and what the intent is. ASTM International (formerly the American Society for Testing and Materials) is known as the gold standard for green construction standards. There is also ASHRAE (the American Society of Heating, Refrigerating and Air Conditioning Engineers), which focuses on building ventilation.

And of the different green construction rating systems, the most prominent is LEED (Leadership in Energy and Environmental Design), which addresses:

  • Sustainable sites
  • Water efficiency
  • Energy and atmosphere
  • Materials and resources
  • Indoor environmental quality
  • Innovation in operations and regional priority (using local products)

With LEED there are four certifications: certified, silver, gold, platinum. As the speakers said, LEED is a flexible program as to the number of points needed to earn a green construction certification and how they are earned.

“It’s not whether you can get a green certification, it’s how green are you going to be,” said Grossmark.

“Basically, the whole point of LEED is to convert structures from energy efficiency to energy neutral to energy-producing buildings,” he added.

The most impressive example is the Bullitt Center in Seattle, which is known as the greenest commercial building in the world. The building captures rainwater and uses it on site. It even uses raw swage as fertilizer off site. “The goal is to be self sustained, not to pull electricity from the grid if they don’t have to, or water for that matter,” said Grossmark.

According to McInerney, there is a basic formula for sustainable design. He believes that design plus construction plus commissioning equals:

  • Higher productivity
  • Healthier conditions for occupants
  • Meeting green market demands
  • Potential tax credits

But of course, as McInerney pointed out, there are performance and contractual concerns. As with anything, there are risks involved.

The major causes of loss for green buildings are:

  • Envelope leaks
  • Electrical fires
  • Plumbing leaks
  • Mold growth
  • Building code and rating upgrades
  • Unknown green construction risk
  • Vegetative roofs (the weight of the soil can cause problems)
  • Indoor air-quality problems (can use vapor extrusion to move bad air out)
  • Materials characteristics and integration
  • Brownfield sites (environmental exposures related to prior land use)

Then there are the builder’s issues, including:

  • Inexperienced contractors and subcontractors
  • LEED projects require experienced personnel
  • Alternative energy and other advanced systems/learning curves
  • “Greenwashing”
  • LEED point challenges

“If it’s your first time building a green building, you’re not going to get everything right,” said Lumelleau.

There are two ways of dealing with that from insurance standpoint: OCIPs (owner-controlled insurance programs) and CCIPs (contractor controlled insurance program). Current carriers of such insurance include Liberty, Fireman’s Fund, FM Global, Travelers, Zurich, GenRe and Lexington/AIG. Many times, carriers will offer discounts for green-certified buildings for property coverage or upgrades to greener technologies after a loss occurs. 

RIMS Presents Awards and Honors

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RIMS announced the winners of its series of industry awards yesterday, which were presented during the RIMS 2013 Annual Conference & Exhibition Award Luncheon in Los Angeles.

The Harry and Dorothy Goodell Award, RIMS’ most prestigious honor, was presented to Daniel W. Houston (pictured above), executive director, enterprise risk management and learning for The McCart Group in Duluth, Georgia. Named in honor of RIMS first president, the award pays tribute to an individual who has furthered the goals of the Society and the risk management discipline through outstanding service and achievement.

The Richard W. Bland Memorial Award was presented to Janet Kerr, vice president of risk management, Boston Properties, Inc. The award was created by RIMS Kansas City Chapter in 1974 to recognize a member’s dedicated commitment in the area of legislation or regulation.

The Ron Judd “Heart of RIMS” Award pays tribute to the legacy of Ron Judd, who served as RIMS executive director for 22 years. Individuals are nominated by chapters for outstanding performance in furthering risk management at the chapter level.

This year, there were two “Heart of RIMS” Award winners.  Scott B. Clark, risk & benefits officer for the Miami-Dade County Public Schools and former RIMS President in 2011, was presented with the award for his work with RIMS Greater Miami Chapter.  Karin McDonald, director of risk and insurance for Hydro One Networks Inc., was also presented with the award for her work with the RIMS Ontario Chapter.

The Cristy Award was presented to Ed C Mitchell, director of risk management for Metropolitan Stevedore Company in Wilmington, California. This award acknowledges the individual who earned the highest marks on the three exams required to earn the Associate of Risk Management designation.

RIMS and Business Insurance magazine presented the 2013 Risk Manager of the Year Award to Lori Gray, risk management division chief for Prince William County in Virginia.

RIMS also recognized the exceptional work of its chapters for outstanding chapter programming and conferences, advancing the risk management profession, outstanding member services, and membership growth. Details about chapter award winners will be available at www.RIMS.org/newsroom.

RIMS and AIG Announce 2013 Risk Management Hall of Fame Inductees

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Robert Nighan (second from left) accepted the honor for Hall of Fame inductee David Sterling while the late Robert Spencer’s honor was accepted by his wife Charlotte (third from right) and daughter Libby (second from right). (Photo: Joe Zwielich)

David C. Sterling and Robert S. Spencer are the newest members of the Risk Management Hall of Fame, RIMS and AIG announced today. The Risk Management Hall of Fame serves as a means to maintain the history of the field of risk management and recognizes risk practitioners who have made significant contributions to advancing the discipline. Both honorees were officially inducted at RIMS 2013 Annual Conference & Exhibition in Los Angeles.

In order to be selected, the Risk Management Hall of Fame considers the following criteria: considerable contributions to the field; significant achievements, innovation and trend setting; demonstrated leadership, character and service; and the highest caliber of ethical and professional conduct.

So with this in mind, here are some of the accomplishments of the 2013 inductees:

DAVID C. STERLING

David C. Sterling joined The Hartford Financial Services Group, Inc. in 1964 after serving two years with the U.S. Army at Fort Kobbe, Panama Canal Zone.  He retired from The Hartford after 42 years as assistant vice president and senior risk manager, where he managed The Hartford’s worldwide risk programs and exposures to accidental loss including the placement of all insurance and non-insurance programs designed to protect the organization.

David is a risk and insurance pioneer. He purchased and implemented one of the first EPLI (employment practices liability insurance) programs in the insurance industry; purchased and implemented one of the first cyber risk liability, property and crime insurance programs; and implemented one of the industry’s first blended multi-year program for a financial institution and rolled the program over several times to achieve significant savings.

Throughout his career, he shared his professional experiences and expertise with students and risk professionals who expressed interest in advancing their careers.

At the West Hartford Branch of the University of Connecticut, he taught the Insurance Institute of America’s Risk Assessment program, one of three courses required for The Institute’s Associate in Risk Management (ARM) designation.

Additionally, he was a reviewer of The American Institute for CPCU (now called “The Institutes”) texts for the Chartered Property Casualty Underwriter (CPCU) designation program which focuses on risk management and insurance, as well as a reviewer of other texts published by them. For more than 30 years, he served The Institutes on its CPCU Exam Review Committee. He also authored a CPCU monograph entitled “Environmental Liability: An Insurance Perspective.”

David is currently a member of RIMS Connecticut Valley Chapter, the CPCU Society and the Society of CIC. He holds 28 professional risk management and insurance designations, as well as a State of Connecticut’s producer’s license and a State of Connecticut’s certified insurance consultant license.

ROBERT SPENCER

During his 17-year career, Robert S. Spencer held numerous risk management positions including vice president of insurance for Fuqua Industries Inc.

At Fuqua, he was responsible for the development and implementation of the organization’s risk management program that included a very diverse portfolio that includes everything from the manufacturing of lawnmowers and sporting good to being the eighth-largest trucking company in the United States. In 1976, he co-founded Fuqua’s Bermuda-based captive, Fuqua Insurance Company Ltd.

Robert is credited with setting standards on the dealings of captives with reinsurance markets, both domestic and international. He was also responsible for a workers compensation self-retention program that was adopted by 31 U.S. states in the Fuqua program.

Robert served the Atlanta Chapter of RIMS in all officer positions including president in 1973. He also served as a vice president of RIMS from 1974 – 1977 and RIMS president from 1977 – 1978. He was a founding member of the Canadian Institute of Chartered Accountants.

Most importantly, Robert was quick to share the knowledge he gained with others so that the principles of “good” risk management could be passed on without reinvention. He fostered numerous programs at both the Atlanta Chapter and international levels of RIMS to support students, and expose them to the risk management profession.

Thirty-four years after his death in 1979, his legacy continues to provide educational opportunities for young men and women seeking to advance their education in business, insurance, actuarial sciences, and the risk management fields through the Spencer Educational Foundation.  Established in 1979 in his memory, the Foundation funds the education of tomorrow’s risk management and insurance industry leaders.  Since 1999, the charitable organization has awarded $4.7 million in student scholarships and $2.2 million in educational grants.

Additionally, Robert was responsible for establishing RIMS’ Anita Benedetti Student Involvement Program in 1978.