Case Study # 1 -- Insurance Risk Management Review - Major U.S. Technology Developer
The client wished to obtain an expert, independent review of its property and casualty insurance programs in order to identify coverage deficiencies, if any, which could be improved and determine if insurance pricing was appropriate given its loss history and exposures.
We reviewed copies of the client's insurance policies and provided our observations on potential coverage issues and improvements possible in the marketplace. We also advised the client on the propriety of coverage limits purchased and its current premium pricing arrangements based on its peer group. Our findings served as a negotiating tool for the client in its discussions with its insurance providers concerning renewal of insurance policies.
Case Study #2 -- Insurance Risk Management Review -- Entertainment Company
As part of a broader review of its financial policies and procedures, the client wanted an independent evaluation of its property and casualty insurance programs.
Reviewing the client's insurance policies, we noted several deficiencies which could be readily addressed, even though the size of the account was modest. More importantly, we identified the absence of several insurance coverages, therefore exposing the organization to unanticipated risk. We presented our findings to the client's senior management and assisted the client in meetings with its insurance provider to resolve the newly identified issues.
Case Study # 3 -- Insurance Broker - Evaluation and Selection - Nonprofit Environmental Organization
We were retained by a global environmental advocacy organization to review its insurance programs and evaluate the performance of its insurance broker. In addition to identifying coverage deficiencies, we concluded that the client had outgrown the service capabilities of its insurance broker.
Alternative broker candidates were discussed with the client which authorized us to structure and implement a broker evaluation process using a Request For Proposal (RFP) format. At the completion of the process, we recommended the strongest candidate which the client accepted as its new broker. We then developed a broker transition plan to provide for a seamless transfer of responsibilities to the new broker and assisted the client in its execution.
Case Study # 4 -- Captive Feasibility Review -- Midwest Medical Center
A major, regional medical center was seeking solutions to rapidly increasing insurance costs, diminution of coverage and impending loss of leading physician practitioners due to similar issues. The medical center's insurance provider recommended formation of a captive insurance company.
We reviewed the medical center's exposure metrics and historic loss experience as well as the risks related to affiliated physicians for on-premises as well as private practice coverage. We identified several under-evaluated items for management consideration. The Board of Directors invited us to present and discuss our findings, which we did on an expedited basis to assist in their decision to postpone implementation of the captive concept.
Case Study # 5 -- Captive Feasibility Study and Implementation -- International Technology Company
A major international technology developer wanted to efficiently manage its potential liability risks in areas where the commercial insurance industry had failed to provide satisfactory risk solutions. The client wished to minimize its insurance related costs, obtain recognition for its favorable loss history and enjoy financial advantages, if possible.
Working closely with the client's legal and tax advisors, we designed a customized captive business plan which addressed the client's risk management goals and also provided outstanding financial advantages. We continue to provide periodic utilization reviews to ensure efficient, continuing operation and update the captive business plan, as needed.
Case Study #6 -- Captive Feasibility Study -- International Software Technology Company
The client was interested in determining whether its worldwide property and casualty insurance programs could be favorably impacted through the creation and use of a captive insurance company.
After identifying with the client the best coverage categories for full analysis, we engaged in a detailed review of several insurance coverages. In addition to evaluating coverage quality, we consulted with an accredited actuary to examine a full array of options for loss retentions, coverage limits and designs to dovetail with the client's commercial insurance, where appropriate. Given the particular risk profile for this client and its mix of statutorily required and optional insurances, a captive insurance company solution would not result in immediate, significant cost savings.
Case Study #7 -- Merger & Acquisition Due Diligence -- Transportation Company
A major transportation company was considering the acquisition of a large, mature competitor and wanted to better understand the risks and exposures it was being asked to assume.
We worked with the legal, financial and tax advisors of the client on a confidential, expedited basis to evaluate the risk profile and investigate the loss history of the target company. We discovered several concerns related to the previous captive insurance ventures and unfunded loss liabilities of the target. As part of the merger & acquisition team, we interviewed executives of the target company and participated in extensive data room reviews. Our work ultimately provided the client with an enhanced negotiating position to seek financial and contractual concessions from the sellers.
Case Study #8 -- Merger & Acquisition Due Diligence -- Distilled Spirits Manufacturer
A major international distilled spirits company was engaged in the acquisition of another major alcohol beverage manufacturer and wanted to be assured that past potential product liabilities were adequately covered by insurance.
We participated in the review and evaluation of data room documentation, interviewed key financial and operational executives and visited key production/storage facilities. While most property and casualty insurance issues had been properly addressed by the target company or would become moot after the completion of the acquisition, we discovered an important coverage gap in the target's historic liability insurance. This gap was created by the subsequent insolvency of an insurance company from which the target had purchased liability insurance. Working with the client's insurance broker, we negotiated with the client's current underwriters to provide a special "nose" coverage to fill in the historic coverage gap, thereby eliminating a thorny M&A issue.
Case Study #9-- Sarbanes-Oxley Compliance -- Worldwide Specialty Chemical Manufacturer
This leading chemical manufacturer needed to meet the requirements of Sarbanes-Oxley Section 404 throughout the organization.
We assisted the client's treasury team and its SOX compliance advisors on the insurance risk management protocols. We identified risk management responsibilities, policies and practices, interviewed key personnel and documented our examination. All pertinent functions were described and mapped. Key areas for further management consideration were highlighted. Testing protocols were prepared for discussion/adoption by the certifying authority.
Case Study #10 -- Litigation Support -- Directors' & Officers Liability (D&O) Insurance Coverage Dispute -- Technology Development Company
The clients needed expert assistance to pursue their D&O coverage lawsuit against their insurance company. The insurance company had denied coverage for loss and defense expenses related to the clients' settlement of complex underlying litigation involving various alleged wrongful acts.
We worked closely with clients' counsel, reviewing the settlement of the underlying litigation, analyzing the clients' D&O insurance coverage and rendered a report containing our expert opinion on coverage applicability. This report, as well as our subsequent testimony, was introduced as evidence supporting our clients' position. The coverage dispute was resolved favorably with our clients receiving a multimillion dollar settlement.
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