Insurance Update Newsletter
Insurance and Risk Management News Winter 2010
 
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In This Issue


Use A Computer? Here's What You Need To Know
Many businesses keep sensitive client data within their computer network. Data breaches are on the rise - which means data security and privacy regulations are increasing as well. Many states now have specific data breach notification laws that require notification to any client that may be affected by a data breach. Failure to notify may lead to fines and penalties on the business.

In addition, businesses that are considered "creditors" - any entity that regularly extends, renews or continues credit or regularly arranges for the same - are subject to a federal regulation requiring an identity theft prevention program be put into place.

Not only can a business incur costs to extend notification in the event of a data breach, you can also face potential lost income, crisis management and other extra expenses, credit monitoring expenses, extortion threats, and the threat of lawsuits from affected parties.

What can a business do to protect itself? Clearly, quality network security is imperative. Developing an identity theft prevention program is important as well. Independent audits can help to identify security weaknesses and suggest improvements to prevent breaches.

There are insurance products to protect a business against these threats. A number of Cyber Liability and other privacy insurance products have been developed to cover both first party expenses to the business as well as third party liability lawsuits. Coverage forms are not standard and vary significantly by carrier, so a thorough review of actual exposures compared to available coverage is strongly recommended.

For more information, contact us at (800) 814-2122 or info@gibsonins.com.


 
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Market Outlook 2010
Thanks to a relatively quiet 2009 with regard to catastrophe losses in the US such as hurricanes and earthquakes, the overall profitability of the Property and Casualty industry has rebounded nicely from 2008, with the first nine months results reflecting a Combined Ratio (Incurred Losses + Expenses/ Earned Premiums) that improved almost 5% from 2008. Some of this improvement was the result of further releases of loss reserves for asbestos and environmental claims, but those benefits have largely run their course and will not be repeated in 2010. Investment portfolios have stabilized, but overall demand is still down due to reduced employment levels, payrolls, sales and inventories, which has made premium growth difficult, if not impossible, for most carriers.

Now that some of the financial crisis has largely passed for many carriers, including those impacted the most by investment losses tied to subprime mortgages such as AIG and Hartford, the pricing outlook for insurance buyers remains quite favorable for most of 2010, largely due to a continuing oversupply of capacity. Conventional wisdom, for what that's worth, points to modest premium increases by late 2010, and perhaps more significant increases in 2011 and beyond. This, of course, will vary significantly by region as well as by line of coverage. For example, products tied to financial strength and performance, such as Directors & Officers Liability, could see significant increases for those firms whose balance sheets and income statements have suffered the worst in this recession.

One result of the overall financial crisis has been the drive for further reforms and a higher level of regulation at the federal level, leading to the potential creation of the Consumer Financial Protection Agency as well as a Federal Office of Insurance, both of which will likely add some additional costs to the system.

On the Employee Benefits side of the insurance industry, the Healthcare Reform buzz has subsided with the recent election in Massachusetts. Scott Brown's election gave Senate Republicans the power to block consideration of the House/Senate Democratic health care reform bill indefinitely via a filibuster. Although this is all far from over, many employer mindsets are now changing from wait-and-see to acting on initiatives they have been considering.

The biggest wild card remains Healthcare Reform, and what it will eventually look like once Congress combines the Senate and House bills and figures out how to pay for it. The short-term impacts of healthcare reform legislation have received most of the attention in the media, but what remains largely unknown are the long-term effects since many of the key provisions won't take effect until 2013 or 2014 at the earliest.

Health Risk Management (HRM) and Wellness will no doubt become a higher priority for most employers since it may very well be the only means to control costs in the long run. Additionally, as employers continually strive to become more efficient in the workplace, HRM and Wellness will also have a positive long-term impact on employee productivity. Of the total cost of health, 25% is comprised of health care costs, 9% is worker's compensation, 6% is absenteeism, and 60% is attributed to presenteeism!

Gibson's 4th annual Healthcare Summit will take place on March 9th. You can log onto www.gibsonins.com to reserve your seat and enjoy an interactive morning with our blue ribbon panelists who will provide you with an overview of both the short-term and long-term impact of Reforming Healthcare from every perspective.






Workers' Compensation Coverage For Sole Officers
The Indiana Code was amended in May of 2009 to allow for the sole officer of an Indiana corporation to opt out of Workers' Compensation coverage. In general, the officers of a corporation are considered employees and thus are subject to the Workers' Compensation Act. However, the sole officer may elect not to be an employee and thus be excluded from Workers' Compensation coverage. An excluded officer's payroll will not be considered when determining premiums.

In order to elect not to be an employee, written notice must be served to the insurance carrier and the Workers' Compensation Board of Indiana.

A point to note: in Indiana, owners of sole proprietorships and partners of partnerships are not considered employees for the purposes of workers' compensation unless they so elect by serving written notice of such election to their insurance carrier and the Board.

In Michigan, the law regarding exemption from Workers' Compensation coverage remains unchanged; namely, an officer of a corporation who owns at least 10% stock of the corporation may elect to be excluded by notifying their insurance carrier in writing.





Reporting Workers' Compensation Claims Of Medicare Beneficiaries
The Medicare / Medicaid and State Children's Health Insurance Program Extension Act of 2007 (MMSEA Section 111) includes mandatory reporting requirements with respect to any Medicare beneficiary who receives settlements, judgments, awards or other payment under workers' compensation and other insurance types.

For businesses with traditional guaranteed cost Workers' Compensation policies, the insurance carrier is designated as the Responsible Reporting Entity (RRE) and will be responsible for compliance with the law.

However, for any policyholder that self-pays any portion of a workers' compensation claim, that policyholder becomes the RRE and is subject to Section 111 along with any associated fines for non-compliance. In addition, large deductible and third party administrator clients must register as RREs and obtain a RRE number.

Visit http://www.cms.hhs.gov/mandatoryinsrep/ for more information.