HomeMy WebLinkAboutCS 21-10
City Report To
Executive Committee
PICKERING Report Number: CS-21-10
Date: June 14, 2010 9 1
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: 2010/2011 Property and Liability Insurance Renewal
Recommendation:
1. That Report CS 21-10 of the Director, Corporate Services & Treasurer be
received;
2. That the City of Pickering renew its property, liability and other coverages
through the Frank Cowan Company for the period July 1, 2010 to June 30, 2011
inclusive on terms and conditions acceptable to the Director, Corporate Services
& Treasurer;
3. That the Director, Corporate Services & Treasurer, as part of the Risk
Management Program, be authorized to continue the Reimbursable Deductible
Program through the Insurance Adjuster and the Frank Cowan Company and
further, that the Director be authorized to settle any claims including any
adjusting and legal fees where it is in the City's interest to do so;
4. That the Director, Corporate Services & Treasurer be authorized to purchase
additional insurance, make changes to deductibles and existing coverages, and
alter terms and conditions as becomes desirable or necessary in order to limit
potential liability exposure and to protect the assets of the City and it's elected
officials and staff; and,
5. That the appropriate officials be authorized to take the necessary actions to give
effect thereto.
Executive Summary: The City's insurance program continues to operate
successfully and the above recommendations provide for a renewal of the policies
basically on the same or improved terms and conditions in the past years which also
provides coverage for the Library, its Board and its employees.
Report CS 21-10 June 14, 2010
Subject: 2010/2011 Property and Liability Insurance Renewal Page 2
92
Financial Implications: The premium renewal cost has been provided for in the
various cost centers through the approval of the 2010 budget by Council and the
renewal premium cost is within the 2010 budgeted amount.
Sustainability Implications: Insurance renewal provides the City with financial
security and is therefore better able to maintain financial sustainability.
Background: Each year on July 1, the City's general liability and property insurance
policies come up for renewal. As approved by Council at the time of the 1998 renewal,
the Treasurer undertook an extensive review of all aspects of the City's insurance
program. The City of Pickering embarked in a Risk Management Program, the initial
phase of which involved negotiating renewing premiums with the City's broker. The
result of the negotiations was a decrease of approximately $75,000 or 20 percent, in
the premiums from that of the prior year. The savings were transferred to the Self
Insurance Reserve. In our opinion, this program has served the city well, and today
there is almost $1 million in this reserve.
Recommendation 4 provides the Treasurer with the authority to continue to review and
adjust insurance coverages where appropriate during the year to reflect business
requirements and current market and business environment conditions.
Insurance Market and Trends
The current liability and property insurance market remains steady for most standard
lines of insurance business with municipal insurance experiencing an above average
increase.
The Court awarded damages are getting larger especially for bodily injury claims.
These awards are primarily driven by the costs of providing future care for injured
persons. As the severity of awards increases, so does the exposure to municipalities
as they are often viewed as having "deep pockets".
Municipal property liability premiums continue to increase as a result of the legal
provision of the joint and several liability application leveraged with large court awards
and with the municipality as being seen as having "deep pockets". The joint and
several provisions of the Negligence Act, indicate, "Where damages have been caused
or contributed to by the fault or neglect of two or more persons and, where two or
more persons are found at fault or negligent, they are jointly and severally liable to the
person suffering the loss\or damage Also known as the 1% rule, the joint and
several provisions may oblige a defendant, which is only 1 % at fault, to pay the
plaintiff's entire judgment particularly in cases where the other defendants are financial
unable. In other words the defendant who is 99% at fault does not have the financial
strength or assets to pay the claim. Therefore, the municipality, who is viewed as
having "deep pockets", pays the remainder of the claim.
Report CS 21-10 June 14, 2010
Subject: 2010/2011 Property and Liability Insurance Renewal Page 3 93
The City also experienced a continued increase in claim costs. Individual claims are
becoming more complex resulting in more time to manage the claim, more detailed
investigation and more experts and legal costs involved in defending the claim. Even if
the City is not liable there are always costs in defending the claim.
Basic risk management states that you should diversify your risk. Many insurance
companies have customers throughout the Province or Canada to diversity the risk
associated with a local catastrophic event. With the City of Pickering being a direct
customer of the Frank Cowan Company (who has customers throughout the Province
and beyond) the geographical risk diversification is achieved and maintained.
Service to our Residents
Regrettably, insurance claims or incidents do occur. A key strategic advantage of the
City's insurance and risk management program is that every claim is processed with a
customer service attitude. After a claim or incident is received, City staff quickly contact
(within 24 hours) the claimant, to advise them that the City has received the claim and
to ensure them that the claim is being investigated by the City's Insurance Adjuster.
The City's Insurance Adjuster has many years of local municipal insurance experience
which the City uses as an asset to investigate and settle claims. The City's Insurance
Adjuster is familiar with the City and its municipal infrastructure and this experience has
assisted in reducing claims cost due to his knowledge and or his familiarity with the City,
its policies and procedures. The Insurance Adjuster's service standard is to make
contact with the claimant within two business days. Sometimes, the claimants may not
completely agree with the outcome and City staff may review the claim and/or to
intervene to work towards a solution. The strategic advantage of the "local service
delivery model" is that claims are handled quickly professionally and with a customer
service perspective. In addition, the current "local" service delivery model allows City
staff "hands on" participation in the claims process to better serve claimants who, in the
majority of situations are City residents.
Attachments:
1. Program Summary of Insurance Coverage
Prepared By: Approved / Endorsed By:
Stan Karwowski Gillis A. Paterson
Manager, Finance & Taxation Director, Corporate Services & Treasurer
SK:vw
I
Report CS 21-10 June 14, 2010
Subject: 2010/2011 Property and Liability Insurance Renewal Page 4
94
Recommended for the consideration of
Pickering ' y Coun 'I
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT #-j-T0 REPORT #4a.a I r F
95
Cowan
Frank Cowan Company
2010
MUNICIPAL INSURANCE PROGRAM
CORPORATION OF THE CITY OF PICKERING
Prepared by: Mr. Viano Ciaglia, C.I.P., C.R.M.
Regional Manager
Frank Cowan Company Limited
4 Cowan Street East
Princeton, ON NOJ 1 VO
This is a summary. Nothing herein alters the terms, conditions and viano.ciaglia@frankcowan.com
exclusions contained in the printed insurance contract(s). 1-800-265-4000
REF: 60275/sh
April 20, 2010 T/519-458-4331
F/519-458-4366
96
About Frank Cowan Company
Leader in Public Entity Insurance
Frank Cowan Company has grown to become one of Canada's leading providers of Insurance and
Risk Management solutions for public entities. For over 80 years Frank Cowan Company has been
a pioneer in the development and implementation of innovative insurance programs for the
Municipal, Health Care, Education and Social Services sectors.
Frank Cowan Company is affiliated with Cowan Insurance Group, The Guarantee Company of
North America and Millennium CreditRisk Management through common ownership under
Princeton Holdings Limited.
Cowan Insurance Group provides insurance and risk management products and services to
businesses, organizations, and individuals. Cowan Insurance Group is one of the largest
privately owned business and personal insurance brokerage operations in Canada, and provides
retirement and group benefits assistance to employers, as well as financial advice on life
insurance, disability management, critical illness and long term care. The Guarantee Company of
North America specializes in commercial and contract surety, fidelity, directors' and officers'
liability and personal lines insurance including it's high value Guarantee Gold coverage.
Millennium CreditRisk Management specializes in trade credit and political risk insurance.
Outstanding Service
We are more than just an insurance provider. We are a trusted partner in providing insurance and
risk management services. We work with our clients and their affiliated associations to develop
individualized risk management and claims management programs, advise on procedural or
regulatory change as well as an array of other. services. Our mandate is clear ...help our clients
reduce risk.
Clients also benefit from our affiliations with lawyers, adjusters and others that specialize in the
public sector. The combination of our service -network and internal expertise. allow us to
continually develop innovative, cost-effective solutions and services tailored to the risks of
individual clients.
Financial Stability
Frank Cowan Company, as an Underwriting Agent, represents a select group of financially strong
Canadian based insurers that have made a long-term commitment to public sector risk. Our
business model creates a very stable market for your insurance requirements, and gives our
customers the comfort of knowing that they will always be protected by long-term, high-quality
continuous service.
Frank Cowan Company
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Cowan Service Solutions
More Than Just Insurance
Cowan offers a full range of services to assist in the management and reduction of risk, which is
equally vital to our clients. Risk Management, Claims Management and our other value-added
services were initiated by Cowan and have evolved throughout our history. Most often we can
provide the services listed below at no additional cost to the client.
Liability Hazard Assessment tip- Our Municipal clients are involved in a wide range of
diverse activities to serve the public. These lead to various
potential public liability situations. We work with our
clients to provide specific hazard identification and
analysis of these exposures.
Building Valuations ACP We conduct periodic detailed inspections of property and
buildings with formal reports, replacement cost valuations
for insurance purposes, photographic inventory with
recommendations to correct potential hazards.
Seminars & Staff Training 40. We deliver a wide range of presentations to our Municipal
clients on an ongoing basis that provide continuous
education for our clients.
Risk Audits a* We help our clients audit systems and processes to reduce
potential losses within their operations and specifically
focus on documentation, reporting and consistency with
accepted standards and practices.
Contractual Review A-0- Our experience contributes insight on the suitability and
effectiveness of liability transfers and appropriate
insurance and indemnity clauses within' your various
contracts.
Publications, Bulletins & Because constant two-way communication is important,
Information Packages our website is available on a 24 hour basis for access to
information on our Services, Publications and programs.
Anyone in your organization can visit us at
www.frankeowan.com to keep informed of common
issues and solutions.
Claims Management rt~- We handle your claim fairly and efficiently. Claims that
are made against you are handled with the consistent
strategy of defending or discouraging those claims that are
without merit, or reaching a reasonable settlement on
claims that do merit payment. Detailed claims progress
reports are produced and can be organized by type of loss
or department to suit your needs.
Frank Cowan Company
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MARKETPLACE CONDITIONS
The Canadian Property & Casualty Insurance marketplace continues to witness consolidation yet
remains one of the most saturated insurance markets in the world, with over. 200 players.
However, amongst the majority of the insurers operating in Canada, specialization continues to be
the trend. Only a limited number of insurers are willing to risk their capital on high liability
exposure classes such as Municipal, Healthcare, Education and Social Services sectors. While the
last few years have brought some stability for the general Property & Casualty market, specialty
classes continue to present unique Underwriting and Claims Management challenges.
The Public Entity sector continues to experience significant losses. Some of these losses have
been driven. by landmark cases, but overall, frequency. and severityof claims have increased
dramatically. As well, the overall cost of claims, which takes into account escalating court
awards, claims administration expenses and the ever-increasing replacement costs of assets, has
continued to rise. Insurers and Reinsurers are extremely cautious about public entity liability
exposures due in part to the complexity of services provided by public sector organizations.
A number of insurers have either imposed coverage restrictions or withdrawn from the public
entity market entirely. Frank Cowan Company, a specialist in public entity insurance, continues
to receive the support and capacity of our insurers. We continue to provide long-term stability for
the insurance and risk management needs of our public entity clientele. Our policies and services
continue to evolve in response to the exposures faced by our clients.
We are confident that our product, service and pricing will reflect our continued commitment to
this sector.
Frank Cowan Company
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COMPREHENSIVE INSURANCE
PROGRAM
2010-2011
Frank Cowan Company
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PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
.
PART 'A - CASUALTY
Municipal Liability
Limit of Protection per occurrence $ 25,000,000.
(No Annual Aggregate Limit)
Third Party Claims Deductible including expenses $ 50,000.
Sewer Backup per Claimant Deductible including expenses $ 50,000..
Wrongful Dismissal (legal expense) Limit per claim $ 250,000.
Annual Aggregate Limit $ 250,000.
Deductible $ 5,000.
Voluntary Compensation Included
Municipal Marina Liability Included
Malpractice Liability Included
Errors and Omissions (Claims Made Form)
Limit of Protection per claim $ 25,000,000.
(No Annual Aggregate Limit)
Deductible including expenses $ 50,000.
Non-Owned Automobile
Limit of Protection per occurrence $ 25,000,000.
(No Annual Aggregate Limit)
Legal Liability for Non-Owned Vehicles (S.E.F. No. 94)
Third Party Liability Deductible $ 10,000.
All Perils Physical Damage Limit $ 500,000.
Deductible $ 500.
Environmental Liability (Claims Made Form)
Liability of Protection per claim $ 1,000,000.
Annual Aggregate Limit $ 2,000,000.
Self-Insured Retention $ 50,000.
Frank Cowan Company
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PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
Comprehensive Crime
Commercial Blanket Bond $ 2,000,000.
Money Orders and Counterfeit Paper Currency Included
Depositors' Forgery Included
Audit Expense $ 100,000.
Money and Securities - Blanket any Location $ 100,000..
Excess on Securities $ 100,000.
Computer Fraud or Funds Transfer Fraud $ 200,000.
Councillors' Accident
One City Mayor/Regional Councillor, Three Regional Councillors (Durham)/
City Councillor and Three City Councillors and Nine Library Board Members
Accidental Death & Dismemberment $ 10000.
(No Annual Aggregate Limit and No Deductible)
Weekly Income - Total Disability $ 500.
Weekly Income - Partial. Disability $ 250.
Twenty-Four Hour a Day Coverage applies.
Municipal Conflict of Interest
Percentage of Legal Fees and Expenses. 100%
Maximum Limit of Reimbursement per claim $ 100,000.
(No Annual Aggregate Limit)
Legal Expense
Percentage of Legal Fees and Expenses 100%
Maximum Limit of Reimbursement per claim $ 100,000.
Annual Aggregate Limit. $ 250,000.
Frank Cowan Company
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PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
PART B - PROPERTY
Property Insurance (including Data Processing Insurance)
Total Sum Insured * $ 174,421,800.
Valuable Papers $ 500,000.
Accounts Receivable $ 500,000.
Extra Expense (other than Data Processing) $ 1,000,000.
Business Interruption
Rent or Rental Value Form $ 500,000.
Gross Revenue Form $ 2,584,500.
Checkroom Liability $ 5,000.
Data Processing
System and Equipment $ 1,440,800.
Media $ 47,000.
Extra Expense $ 50,000., i
Fine Arts Form $ 2,000.
Exhibition Form As Per Lists Provided
Deductible $ 10,000.
Exceptions:
Fine Arts Form and Exhibition Form $ 2,500.
- Checkroom Liability $ 2,500.
- Fire Training Trailer $ 2,500.
Peril of Flood 25,000.
- Peril of Earthquake 3% or Minimum $ 100,000..
*Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of
insurance or that are excluded from the policy.
Frank Cowan Company
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PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
Equipment Breakdown
Limit per Accident - Comprehensive:
- Steam Engine At Greenwood Museum, 2365 6`h Concession, Greenwood, ON $ 10,000.
All Other Locations $ 50,000,000.
Extra Expense $ 500,000.
Spoilage - Goods under Refrigeration $ 5000.
Business Interruption - Loss of Profits (Gross Revenue)
- All Buildings & Facilities, Greenwood Museum, Pickering, Ontario $ 94,500..
Don Beer Arena, 940 Dillingham Road, Pickering, Ontario $ 600,000. .
- Dunbarton.Indoor Pool, 655 Sheppard Ave. E., Pickering, Ontario $ 100,000.
= Pickering Recreation Complex, 1867 Valley Farm Road, Pickering, Ontario $ 1,790,000.
Expediting Expenses Included
By-Law Cover Included
Errors and Omissions $ 100,000.
Hazardous Substance (including PCB Contamination) $ 500,000.
Ammonia Contamination $ 500,000.
Water Damage $ 500,000.
Professional Fees $ 500,000.
Data Restoration $ 25,000.
Denial of Access 2 Weeks
Deductible $ 10,000..
Frank Cowan Company
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PROGRAM SUMMARY
SUMMARY OF COVERAGES LIMITS/AMOUNTS
PART 'C - AUTOMOIR LE
Automobile Fleet
Liability Limit $ 25,000,000.
Deductibles
Section 3 (Third Party) $ 10,000.
Section 6 (Direct Compensation) $ 10,000.
No Physical Damage applies to:
- 1951 Antique Pumper (Parades)
All Perils $ 10,000.
Garage Automobile
Third Party Liability Limit $ 3,000,000.
Customer Vehicles
Collision Limit $ 200,000.
Deductible $ 500.
Specified Perils Limit $ 300,000.
Deductible $ 500.
Frank Cowan Company
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