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Financial Institutions

Assessing Third Party Risk

Companies must assess the risks of vendors that provide critical operations or have access to customer information.
By: | October 21, 2014 • 4 min read
RMA Survey

The financial services industry is in “high gear” to reassess third-party risk management practices in response to regulatory guidance.

Institutions are investing in technology to improve reporting and analytics, so that third-party risks are appropriately assessed and that controls are effective, according to the Third Party/Vendor Risk Management Survey, recently released by the Risk Management Association and sponsored by MetricStream.

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It’s not just about assessing the risks from vendors and their subcontractors, but also affiliates, debt buyers, agents, channel partners, and correspondent banks, to name just a few third parties that banks and credit unions work with, said Edward DeMarco, RMA’s general counsel and director of operational risk/regulatory relations/communications.

Best practices are in “an evolutionary state,” DeMarco said.

“Prudent third-party risk management requires that the third party be risk-assessed in connection with the enterprise and not simply any one individual business line.” — Edward DeMarco, general counsel, Risk Management Association

“Multiple business lines and functional units within an institution might have their own special relationship with the same third party,” he said. “Prudent third-party risk management requires that the third party be risk-assessed in connection with the enterprise and not simply any one individual business line.”

Institutions are also increasingly putting pressure on to make sure third parties assess the risks of their own contractors, DeMarco said.

“For example, a bank might hire XYZ appraisal company, and that company might sub out to appraisal companies 1, 2, 3 and 4,” he said. “While the bank won’t require a report because they are not in control of those relationships, the banking company does expect its third party to assess their risks.”

Other survey findings include:

• Nearly 50 percent of the respondents said their institution’s risk management functions were responsible for oversight of vendor risk.

• More than 50 percent said their institutions send questionnaires to vendors for risk management purposes.

• Roughly one-third said they have more than 25 “enterprise critical” suppliers that have the potential to affect their entire organization in the event of a failure.

• More than 75 percent have in place a supplier code of conduct that suppliers must acknowledge.

Negotiations with third parties and vendors can be time consuming — and cyber insurance coverage is “an integral part” of those conversations. –Michael O’Connell, managing director and financial Institutions practice leader, Aon Risk Solutions.

Peter Foster, executive vice president and one of the leaders of the cyber risk group at Willis, said that many of his financial institution clients require their vendors to complete a Statement on Standards for Attestation Engagements (SSAE) No. 16, which is a guidance from the American Institute of Certified Public Accountants.

“But this is the minimal of what a vendor should be doing to demonstrate how they are protecting their systems,” Foster said.

“That report really doesn’t get deep into the weeds whether or not the security around the data or around operational applications is really secure.

“Financial institutions should take a step further with a set of questions or a physical audit of a vendor, particularly if the application is more critical to operations or contains customers’ personally identifiable information.”

Institutions should also require third parties to have a technology errors and omissions policy with cyber insurance built into the one policy, he said.

An institution should require third parties to name it as an “additional insured” and provide it with certificates of insurance to cover any disruptions, including liability to cover unauthorized access or unauthorized use of data.

An institution should also have coverage for vicarious liability and direct liability under its own cyber policy, which would cover a data breach resulting from outsourcing, Foster said. That way, the institution will be covered if its third party doesn’t have a policy or its policy doesn’t provide such coverage.

Such is often the case with cloud computing firms, he said.

“We recommend [third parties provide coverage] because it should be the first line of dense — the vendor who causes the breach should be paying for the breach,” Foster said. “But we’re also cognizant of the fact that many vendors will not provide that coverage and that the bank needs to use that vendor.”

Negotiations with third parties and vendors can be time consuming — and cyber insurance coverage is “an integral part” of those conversations, said Michael O’Connell, managing director and financial Institutions practice leader at Aon Risk Solutions.

“Also, a critical part of these discussions centers around who is liable for what part and how much of the loss, especially when there is a breach of confidential data,” he said.

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From a risk management perspective, he recommended that vendor risk assessments include answers to these questions:

• Does the insurance fully cover the liability of the insured due to an incident caused by third-party providers?

• Are regulatory investigations, fines and penalties addressed?

• Are first-party business interruption and crisis management included within the cyber policies and are there full limits or sublimits?

“Additionally, the contingent business interruption component must include increased attention to the number and complexity of third-party relationships,” O’Connell said.

Firms must have a complete plan for loss mitigation, restitution, and a response to the potential reputational damage that may be caused, he said.

Katie Kuehner-Hebert is a freelance writer based in California. She has more than two decades of journalism experience and expertise in financial writing. She can be reached at riskletters@lrp.com.
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Supply Chain

An Eye on the Chain

Being a prompt payer insures against insolvency supply chain risk.
By: | October 15, 2014 • 6 min read
10152014_11_analytics_honda_plant

Supply chain risk had been steadily escalating for the last few decades, but it took natural disasters in Japan and Thailand in 2011 to bring the true extent of the risk to the surface.

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In addition to the enormous financial and human losses suffered in those countries, businesses around the globe faced major disruption as key suppliers were wiped out and supply chains ground to a halt.

It was a harsh wake-up call.

“The events in Japan and Thailand really gave rise to a realization of how much greater the risk in people’s supply chains is today than 10 or 20 years ago,” said David Shillingford, senior vice president, supply chain solutions for Verisk Analytics.

“Supply chains have become more efficient — thinner, longer — but in many ways less resilient.”

Video: Supply chain risk management as discussed at the University of Bath.

In the automotive industry, for example, there are significant interdependencies regarding raw materials and parts. The Japanese tsunami wiped out essential component manufacturers and halted car production around the globe.

Meanwhile, added Shillingford: “Supply chain disruption in the pharmaceutical industry can be very costly because of the value of the ingredients, and in both pharmaceuticals and food there are evolving compliance risks to consider too.”

In fact, in today’s interconnected world, almost all industries are affected by supply chain risk. And as an increasing amount of production is farmed out to specialist manufacturers — often in emerging markets — risk is becoming more concentrated.

Sid Feagin, director, enterprise risk management, Aon Risk Solutions, noted that it is now common for firms across many industries to farm out 85 percent or more of their core product to a long chain of suppliers.

“In many cases the risks associated with this are uninsurable, which makes the management of supply chain risk paramount to the success of an organization,” he said.

A Lack of Visbility

However, gaining visibility into the risks of suppliers deep into a complex supply chain is extremely difficult, and many companies have turned to analytic software for help.

“A lot of businesses have a pretty good grip on their direct suppliers, but it’s the second, third, fourth tiers in their supply chains where there is a gap in knowledge and information and an accumulation of risk,” said Caroline Woolley, leader of Marsh’s global business interruption center of excellence.

Computer manufacturer Lenovo uses suppliers from all around the world. According to Mick Jones, the firm’s vice president of supply chain strategy worldwide, analytics have become an essential risk management tool in addition to improving business efficiency. So much so that the firm has created a role akin to a “chief analytics officer,” running analytics teams stationed around the world, he said.

Caroline Woolley, Leader, Global Business Interruption Center of Excellence, Marsh

Caroline Woolley, Leader, Global Business Interruption Center of Excellence, Marsh

“Analytics offers massive value to the business. We are at a start of the journey of using analytics to help us focus on risk. We are investing a lot of time in getting product visibility and order visibility along the entire supply chain, which is an area we can always improve on,” said Jones.

Jones explained that analytics have become essential given the volatile environment of the last five years characterized by natural disasters, socio-economic unrest and financial instability.

“The algorithms in the software are becoming more intuitive and intelligent, so you are able to do more with data and analytics,” he said.

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“In four years, we’ve moved from a very ‘descriptive’ analytics approach — reporting, scorecards, dashboards — through to a more ‘prescriptive’ approach, using simulation and optimization tools to almost predict what is going to happen going forward.”

However, meaningful data on supply chain risk is patchy because a great deal of supply chain risk is not insured and companies typically don’t keep detailed records of their losses. Such risk historically fell between the cracks as far as insurers were concerned, but the last decade has seen a number of specialist products emerge to protect companies against these risks.

“These losses were treated almost as operational risk, which was something companies had to deal with on daily basis, so they weren’t recorded,” said Woolley.

“As we are seeing more of these incidents and getting more data on the impact of supply chain risk, we are seeing a lot more interest in alternative supply chain policies.”

Shillingford said that analytics being developed by Verisk could make it easier for both companies and insurers to identify and calculate the impact of supplier risks more accurately.

“We want to encourage ‘risk-adjusted supply chain optimization.’ Often, supply chain optimization focuses only on efficiency, but we rarely hear people talk about risk and resiliency. In order to do that you have to put a value against the risk,” he said.

“The events in Japan and Thailand really gave rise to a realization of how much greater the risk in people’s supply chains is today than 10 or 20 years ago.”  — David Shillingford, senior vice president, supply chain solutions, Verisk Analytics.

“The chasm between the amount of risk not insured at the present time and the amount of capital available to be deployed to insure supply chain risk [results from a] lack of visibility into the risk. If we are able to provide that visibility it could be the biggest risk transfer opportunity of the next 10 years.”

Tracking Insolvency Risk

While data on weather or catastrophe-related supply chain losses is increasingly abundant, it is far more difficult to track the risk of insolvency within a supply chain in real time. The financial data of companies is released sporadically and can be incomplete. Given the precarious nature of the economy since 2008, the risk of suppliers going bust is very real.

“Insolvency is a significant risk but it may be near impossible to fully understand,” said Feagin. “The key to understanding whether a supplier is solvent or not comes down to access of information.

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“I see companies relying on various sources of information which may be too old or inaccurate to draw relevant conclusions from.”

According to Shillingford, while there are a variety of companies that offer services to assess financial strength, “each has a different methodology, usually expressed as a score, and all face similar challenges obtaining financial data for suppliers to their client’s suppliers.”

Indeed, the software industry has yet to develop an approach that can map solvency risk in real time.

Jones said that analytics play virtually no role in mitigating insolvency risk in Lenovo’s supply chain. “We deal with global suppliers who are based in many parts of the world and the data is difficult to get, but we do have a very sound supplier management approach that allows us to identify issues earlier and more collaboratively.”

Feagin said it’s crucial for companies to focus on their relationships with their suppliers, rather than just crunching numbers.

“In order to get these numbers you need to build up a relationship and trust with the suppliers. Without a strong relationship, you don’t have much power to gain information.

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“There is not a piece of software out there that can tell you whether or not to do business with a particular vendor — it comes down to taking a strategic and focused approach to managing supply chain risk.”

He also noted that companies add uncertainty to their supply chains by failing to pay their suppliers promptly.

“The greatest insurance [against insolvency risk in the supply chain] is being a prompt payer and having a good relationship with suppliers,” he said.

Antony Ireland is a London-based financial journalist. He can be reached 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.

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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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