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Infographic: The Risk List

7 Dangerous Natural Catastrophe Risks

Dangerous weather events can wreak havoc on businesses. Presented by Travelers.
By: | September 15, 2014 • 1 min read
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The Risk List is presented by:

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The R&I Editorial Team may be reached at riskletters@lrp.com.
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A Toxic Brew

Environmental Time Bomb

The increasing number of vacant properties creates a toxic brew of environmental risks.
By: | September 15, 2014 • 7 min read
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The cost of failing to safeguard a vacant building against environmental risks such as mold and Legionella can run into multimillions of dollars.

And with tens of thousands of vacant and abandoned office buildings, hotels and other properties across the United States, according to federal government estimates, experts believe a growing list of serious health hazards is a time bomb just waiting to explode.

But that’s only the tip of the iceberg. The biggest emerging threat on the horizon is the sudden proliferation of crystal methamphetamine production laboratories in empty urban buildings, fueled by an industry believed to be worth almost $30 billion globally.

“Environmental risk has traditionally been viewed as an area with low frequency/high severity impact; however, due to more stringent environmental regulations and our increasingly litigious society, frequency of claims are on the rise.”– John Wasilchuk, account executive for commercial insurance, Lockton

Environmental risk, as a whole, is big business in the United States, with a market of more than 40 insurers estimated to be worth $1 billion to $3 billion, which is set to grow exponentially over the next decade as a result of a surge in demand.

Vacant Building Problems

Veronica Benzinger, chief broking officer, Aon Risk Solutions Environmental Services Group

Veronica Benzinger, chief broking officer, Aon Risk Solutions Environmental Services Group

The difficulty mainly stems from a sharp rise in buildings that have become vacant as a result of tenants being unable to pay their leases, or hotels partially shutting down during the off-season to save on running costs.

Veronica Benzinger, chief broking officer at Aon Risk Solutions Environmental Services Group, said the problem is exacerbated by increased vandalism, fire, and theft, as well as squatters and the general dilapidation of the building resulting from a lack of care and attention.

“A lack of basic supervision, security and maintenance can contribute to the building quickly falling into disrepair and becoming uninhabitable,” she said.

Mold: The “No. 1” issue

Despite all of those issues, the No. 1 problem with vacant buildings remains mold, according to Richard Sheldon, environmental practice leader at Willis North America.

Once it finds the right conditions, he said, mold rapidly multiplies and spreads within 72 hours.

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“The scale of the problem can be anywhere from a simple and relatively inexpensive remediation process to full scale clean-ups running into the tens of millions of dollars, when you factor in business interruption,” Sheldon said.

Benzinger said the worst form of growth is Stachybotrys Chartarum, known as black or toxic mold. It produces toxic compounds called myotoxins, which when released into the air are harmful when they come into contact with humans.

Although mold can affect all buildings, she said, it’s often worse in more modern properties where the air flow is restricted, creating greater potential for them to become breeding grounds for mold.

“The biggest problem is water intrusion,” she said. “Once that happens, mold can grow and proliferate throughout the building.

“Mold can affect any building, but it’s often worse in new buildings. All it needs to grow is the right temperature, moisture and food.”

Susan Doering, vice president and director, Tokio Marine Specialty Environmental

Susan Doering, vice president and director, Tokio Marine Specialty Environmental

Susan Doering, vice president and director of Tokio Marine Specialty Environmental, said: “The bottom line is that vacant buildings are prime real estate for mold growth — which can lead to loss of property value, potential harm to new inhabitants, and costs incurred to mitigate the problem.

Construction projects that are restarted after a period of dormancy can also face issues related to damaged building materials that were exposed to the elements while the project was abandoned.

“The most common issue faced in this scenario is damp building materials that will be enclosed in the building envelope, creating an environment that is perfect for mold growth,” Doering said.

Spread of Legionella

Letting a building fall into disrepair carries with it a multitude of health risks, including the Legionella bacteria, which causes Legionnaire’s disease. The bacteria can quickly develop and spread through the building’s heating, ventilation and air conditioning systems (HVAC) if they are poorly maintained, Benzinger said.

The first case of Legionnaires' disease occurred in July 1976 at a convention of the American Legion at the Bellevue-Stratford Hotel (pictured here) in Philadelphia. Photo courtesy of Library of Congress, Prints & Photographs Division, PA.51-PHILA.344-1

The first case of Legionnaires’ disease occurred in July 1976 at a convention of the American Legion at the Bellevue-Stratford Hotel (pictured here) in Philadelphia. Photo courtesy of Library of Congress, Prints & Photographs Division, PA.51-PHILA.344-1

This is prevalent in hotels that close down some of their units in the winter months, she said.

“It’s particularly common in artificial water systems, fire sprinkler systems, and hot and cold water systems because the bacteria can survive at relatively low temperatures,” Benzinger said.

“So unless the system is properly maintained, when the next person moves in and they turn on the taps again, they can get a nasty shock.”

Or worse. If the bacteria makes contact with humans, it can become a potentially fatal form of pneumonia.

Sheldon of Willis said that, as a result of the potential threat it carries, Legionella has become one of the key areas of cover in environmental liability insurance in recent years.

“The issue has been around for quite some time now, but it hasn’t necessarily been covered in standard policies previously and has only really come to light recently, which goes to show that the level of concern about it has heightened,” he said.

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“We have seen some big losses in the U.S. in the last couple of years, particularly in the hotel and hospitality trade, due to the spread of Legionella, which have resulted in payments of $10 million and upwards.”

Sheldon said the costs aren’t limited to the clean-up operation either.

He’s also seen some substantial bodily injury claims due to exposure to Legionella, which have resulted in large settlements being paid.

“Our estimates are that some of these losses are in the multimillion range,” he said.

Crystal Meth Production

Another fast growing problem, said Benzinger, is the proliferation of methamphetamine laboratories, where the drug can be quickly and cheaply manufactured using toxic substances such as drain cleaner and paint thinner.

Video: The illegal production of meth contaminates properties with hazardous chemicals and creates a strong risk of fire or explosion.

“These hazardous toxins can quickly spread to and contaminate the adjoining properties, putting the health of residents at risk as the fumes permeate into shared amenities such as air conditioning systems and are inhaled,” she said.

“Ultimately, it can kill your brain cells and also damage your lungs and other vital organs.”

Sheldon said the clean-up costs of the residual toxins produced by methamphetamine labs can be “catastrophic,” depending on the quantity and type of materials used in its production.

“It has to be handled very carefully and generally involves a full blown hazardous waste disposal team to handle the materials involved properly and safely,” he said.

Cover Available

On the whole, these types of environmental risks — and the litigation defense costs associated with them — are excluded from most general liability or property insurance policies, leaving property owners to defend themselves against lawsuits arising from the threat of contamination.

But, Sheldon said, there are tailored policies available that allow building owners to manage these risks while protecting their main assets.

“There are insurance policies available that extend beyond the traditional general liability cover and will provide you with a high level of cover for mold and Legionella clean-up, as well as the remediation of methamphetamine labs and their contents,” he said.

A number of industry organizations have launched new practices in recent years to provide cover for vacant and distressed properties, in response to this growing list of environmental problems.

With many abandoned buildings in inner cities being demolished and removed, contractors’ pollution liability insurance policies are also being put in place to protect workers against pollution claims brought against them, with cover limits starting from $500,000 and rising to more than $50 million.

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Site pollution or pollution legal liability has also become more readily available, providing property owners with protection against third- and first-party claims — including defense costs — resulting from pollution conditions.

Variations of this policy include secured creditor environmental insurance and lender liability, which cover financial institutions and borrowers throughout the buying and selling process.

Risk Strategies Needed

Tokio Marine’s Doering said good property management is key to avoiding the build-up of mold and Legionella in the first place. HVAC systems need to be kept at a moderate temperature, and regular surveys to check for leaks, musty odors or mold growth should be carried out.

She added that water systems should also be flushed regularly and drained when not in use to reduce the likelihood of Legionella spreading.

John Wasilchuk, account executive for commercial insurance at Lockton, said having a sound environmental risk management strategy is paramount, particularly in the hospitality industry, where a clearly defined water management plan and a comprehensive pollution prevention plan are essential.

“Environmental risk has traditionally been viewed as an area with low frequency/high severity impact; however, due to more stringent environmental regulations and our increasingly litigious society, frequency of claims are on the rise,” he said.

Therefore it’s fundamental for businesses to have an effective strategy in place to mitigate against those risks and to make sure they are covered should the worst happen.

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Alex Wright is a U.K.-based business journalist, who previously was deputy business editor at The Royal Gazette in Bermuda. You can reach him at riskletters@lrp.com.
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Sponsored: Helmsman Management Services

Six Best Practices For Effective WC Management

An ever-changing healthcare landscape keeps workers comp managers on their toes.
By: | October 15, 2014 • 5 min read

It’s no secret that the professionals responsible for managing workers compensation programs need to be constantly vigilant.

Rising health care costs, complex state regulation, opioid-based prescription drug use and other scary trends tend to keep workers comp managers awake at night.

“Risk managers can never be comfortable because it’s the nature of the beast,” said Debbie Michel, president of Helmsman Management Services LLC, a third-party claims administrator (and a subsidiary of Liberty Mutual Insurance). “To manage comp requires a laser-like, constant focus on following best practices across the continuum.”

Michel pointed to two notable industry trends — rises in loss severity and overall medical spending — that will combine to drive comp costs higher. For example, loss severity is predicted to increase in 2014-2015, mainly due to those rising medical costs.

Debbie discusses the top workers’ comp challenge facing buyers and brokers.

The nation’s annual medical spending, for its part, is expected to grow 6.1 percent in 2014 and 6.2 percent on average from 2015 through 2022, according to the Federal Government’s Centers for Medicare and Medicaid Services. This increase is expected to be driven partially by increased medical services demand among the nation’s aging population – many of whom are baby boomers who have remained in the workplace longer.

Other emerging trends also can have a potential negative impact on comp costs. For example, the recent classification of obesity as a disease (and the corresponding rise of obesity in the U.S.) may increase both workers comp claim frequency and severity.

SponsoredContent_LM“The true goal here is to think about injured employees. Everyone needs to focus on helping them get well, back to work and functioning at their best. At the same time, following a best practices approach can reduce overall comp costs, and help risk managers get a much better night’s sleep.”
– Debbie Michel, President, Helmsman Management Services LLC (a subsidiary of Liberty Mutual)

“These are just some factors affecting the workers compensation loss dollar,” she added. “Risk managers, working with their TPAs and carriers, must focus on constant improvement. The good news is there are proven best practices to make it happen.”

Michel outlined some of those best practices risk managers can take to ensure they get the most value from their workers comp spending and help their employees receive the best possible medical outcomes:

Pre-Loss

1. Workplace Partnering

Risk managers should look to partner with workplace wellness/health programs. While typically managed by different departments, there is an obvious need for risk management and health and wellness programs to be aligned in understanding workforce demographics, health patterns and other claim red flags. These are the factors that often drive claims or impede recovery.

“A workforce might have a higher percentage of smokers or diabetics than the norm, something you can learn from health and wellness programs. Comp managers can collaborate with health and wellness programs to help mitigate the potential impact,” Michel said, adding that there needs to be a direct line between the workers compensation goals and overall employee health and wellness goals.

Debbie discusses the second biggest challenge facing buyers and brokers.

2. Financing Alternatives

Risk managers must constantly re-evaluate how they finance workers compensation insurance programs. For example, there could be an opportunity to reduce costs by moving to higher retention or deductible levels, or creating a captive. Taking on a larger financial, more direct stake in a workers comp program can drive positive changes in safety and related areas.

“We saw this trend grow in 2012-2013 during comp rate increases,” Michel said. “When you have something to lose, you naturally are more focused on safety and other pre-loss issues.”

3. TPA Training, Tenure and Resources

Businesses need to look for a tailored relationship with their TPA or carrier, where they work together to identify and build positive, strategic workers compensation programs. Also, they must exercise due diligence when choosing a TPA by taking a hard look at its training, experience and tools, which ultimately drive program performance.

For instance, Michel said, does the TPA hold regular monthly or quarterly meetings with clients and brokers to gauge progress or address issues? Or, does the TPA help create specific initiatives in a quest to take the workers compensation program to a higher level?

Post-Loss

4. Analytics to Drive Positive Outcomes, Lower Loss Costs

Michel explained that best practices for an effective comp claims management process involve taking advantage of today’s powerful analytics tools, especially sophisticated predictive modeling. When woven into an overall claims management strategy, analytics can pinpoint where to focus resources on a high-cost claim, or they can capture the best data to be used for future safety and accident prevention efforts.

“Big data and advanced analytics drive a better understanding of the claims process to bring down the total cost of risk,” Michel added.

5. Provider Network Reach, Collaboration

Risk managers must pay close attention to provider networks and specifically work with outcome-based networks – in those states that allow employers to direct the care of injured workers. Such providers understand workers compensation and how to achieve optimal outcomes.

Risk managers should also understand if and how the TPA interacts with treating physicians. For example, Helmsman offers a peer-to-peer process with its 10 regional medical directors (one in each claims office). While the medical directors work closely with claims case professionals, they also interact directly, “peer-to-peer,” with treatment providers to create effective care paths or considerations.

“We have seen a lot of value here for our clients,” Michel said. “It’s a true differentiator.”

6. Strategic Outlook

Most of all, Michel said, it’s important for risk managers, brokers and TPAs to think strategically – from pre-loss and prevention to a claims process that delivers the best possible outcome for injured workers.

Debbie explains the value of working with Helmsman Management Services.

Helmsman, which provides claims management, managed care and risk control solutions for businesses with 50 employees or more, offers clients what it calls the Account Management Stewardship Program. The program coordinates the “right” resources within an organization and brings together all critical players – risk manager, safety and claims professionals, broker, account manager, etc. The program also frequently utilizes subject matter experts (pharma, networks, nurses, etc.) to help increase knowledge levels for risk and safety managers.

“The true goal here is to think about injured employees,” Michel said. “Everyone needs to focus on helping them get well, back to work and functioning at their best.

“At the same time, following a best practices approach can reduce overall comp costs, and help risk managers get a much better night’s sleep,” she said.

To learn more about how a third-party administrator like Helmsman Management Services LLC (a subsidiary of Liberty Mutual) can help manage your workers compensation costs, contact your broker.

Email Debbie Michel

Visit Helmsman’s website

@HelmsmanTPA Twitter

Additional Insights 

Debbie discusses how Helmsman drives outcomes for risk managers.

Debbie explains how to manage medical outcomes.

Debbie discusses considerations when selecting a TPA.

SponsoredContent

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This article was produced by the R&I Brand Studio, a unit of the advertising department of Risk & Insurance, in collaboration with Helmsman Management Services. The editorial staff of Risk & Insurance had no role in its preparation.


Helmsman Management Services (HMS) helps better control the total cost of risk by delivering superior outcomes for workers compensation, general liability and commercial auto claims. The third party claims administrator – a wholly owned subsidiary of Liberty Mutual Insurance – delivers better outcomes by blending the strength and innovation of a major carrier with the flexibility of an independent TPA.
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