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INSURANCE: AN EFFECTIVE RISK TRANSFER VEHICLE

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1 INSURANCE: AN EFFECTIVE RISK TRANSFER VEHICLE
PROJECT RISK MANAGEMENT & ALLIANCE FOUR POINTS BY SHERATON HOTEL SHANGHAI, CHINA OCTOBER 22-23, 2009 INSURANCE: AN EFFECTIVE RISK TRANSFER VEHICLE Good afternoon. I would like to thank Marcus Evans for promoting PROJECTS RISK MANAGEMENT & ALLIANCES. Nowadays, Risks are becoming more and more complex and losses and exposures take place in huge magnitude. Recently, our country, the Philippines was hit by two strong typhoons that devasted the northern part of the island of Luzon, severely affecting lives and properties. Almost simultaneously, there was earthquakes and tsunami in Samoa, earthquakes in Indonesia and floods in India. During our lifetime, we were able to come across unimaginable losses—either financial, damage to properties or loss of lives. Some major losses that impact the way we do business today were total losses in Bhopal, Bintulu Refinery, Toulouse Chemical Plant, Piper Alpha oil platform, Exxon Valdez, Barings and Enron collapse, UBS and AIG losses, Financial Sector losses in USA and UK. Imagine the rehabilitation and restoration needed to fund all of these physical and material losses amounting to billions and trillons of dollars? And what about the loss of human lives which cannot be replaced? And EPC Project risks is just one of the many risks that we have to manage properly, hence Project Owners and Stakeholders will not only lose huge sums of money but the beneficiaries of such projects will be compromised, and it could mean, make or break for a nation and its people. CARLOS H. YTURZAETA Director, E&RM Phils., Inc.

2 PRESENTATION OVERVIEW
PROJECT RISK MANAGEMENT & ALLIANCE PRESENTATION OVERVIEW Presentor’s Perspective EPC Projects/Types of EPC Projects EWRM: Foundation of INSURANCE Project Players Concerns CREDITORS CONTRACTORS PROJECT OWNERS INSURERS EPC Project Activity/Project Participants Some Common Loss Exposures in EPC Projects INSURANCE Solutions/Benefits/Claims Administration Post Loss Objectives No substitute for a Comprehensive EWRM. My presentation will cover the following: Perspective, types of projects, and so on.

3 PRESENTOR’S PERSPECTIVE
PROJECT RISK MANAGEMENT & ALLIANCE PRESENTOR’S PERSPECTIVE As an Insurance Officer – Project Owner As a Risk Manager – Project Owner As an Insurer/Reinsurer/Reinsurance Broker As a Claims Manager As an Auditor/Accountant/Compliance Officer In this presentation, my perspective is more as a PROJECT OWNER. For 25 years, I have worked in an energy conglomerate called Philippine National Oil Company (PNOC). PNOC is engaged in refining, distribution and marketing of oil; renewable energy like geothermal, coal, and gas; exploration of oil, gas, geothermal and coal; shipping and transport as well as dockyard operations; research and development of renewable alternative energy like biogas, ethanol, biodiesel. Saudi Aramco was a partner at the oil refining and distribution under PETRON CORPORATION from while the Philippine Government l holds 40% ownership of the company and the public with 20%. Today, it is already a completely privatized company. For 25 years I held various positions from auditor, accountant, compliance officer, insurance officer, risk and property manager, insurer and reinsurer, claims manager and project owner representative. However, in Dec 2002, at the age of 49 years old, I exercised an early retirement and for seven years now, I have been enjoying a fairly good exciting life of balance between rest and recreation, professional development and social, community and charity work. And one of the things that occupy my professional development work is my passion for Risk Management and Captive Insurance.

4 EPC PROJECTS:MEGA PROJECTS
PROJECT RISK MANAGEMENT & ALLIANCE EPC PROJECTS:MEGA PROJECTS Major infrastructure that costs over US$1 Billion. Projects attracting high level public attention.* Projects inviting high level political interest.* Substantial direct and indirect impacts on the community and environment.* Projects with large magnitude of tasks involved in planning, developing and management.* Design and Construct; Turn-key Basis; Design and Build; Lump-sum EPC Projects are more or less synonymous with Mega Projects – huge infrastructure projects. *Maybe below US$1 billion but the impact is great.

5 According to Ownership
PROJECT RISK MANAGEMENT & ALLIANCE EPC PROJECTS According to Ownership GOVERNMENT – OWNED (Petronas, Pertamina, PNOC, PTT, PROC, etc) Wholly-financed by government Partly government and partly private PRIVATELY -OWNED/PRIVATELY- FINANCED May have different ownership structure - JVs, SPVs, JOINT VENTURE – PRIVATE AND GOVERNMENT Wholly - private but with government investment/financing Partly private and partly government but managed by privately …with different ownership structure. NOTE: SOME PROJECTS ARE SELF-MANAGED

6 EPC PROJECTS According to Purpose
PROJECT RISK MANAGEMENT & ALLIANCE EPC PROJECTS According to Purpose UTILITIES WATER SUPPLY WATER DISTRIBUTION ELECTRIC DISTRIBUTION HUGE SUBSTATIONS DESALINATION PLANTS MASSIVE IRRIGATION SYSTEMS ENERGY POWER PLANTS TRANSMISSION LINES OIL AND GAS (UPSTREAM, DOWNSTREAM) PETROCHEMICALS MINING & EXPLORATION GEOTHERMAL & COAL WINDPOWER HYRDRO & WINDPOWER PLANTS …..and different purposes and objectives and benefits to community and country.

7 EPC PROJECTS According to Purpose
PROJECT RISK MANAGEMENT & ALLIANCE EPC PROJECTS According to Purpose TRANSPORT ROADS & BRIDGES MASS RAIL TRANSPORT AIRPORTS TUNNELS & WATERWAYS HARBORS & PIERS VESSELS TELECOMS TELEPHONE LINES TELECOMS TOWER INTERCONTINENTAL CABLES AND LINES SATELLITES

8 EWRM: THE FOUNDATION OF INSURANCE
PROJECT RISK MANAGEMENT & ALLIANCE EWRM: THE FOUNDATION OF INSURANCE Before I formally proceed with the discussion on the USE OF INSURANCE in EPC PROJECTS, I would like to give you the FOUNDATION of INSURANCE, which is RISK MANAGEMENT. INSURANCE is part and parcel of EWRM. It is an important tool in Risk Finance. RISK MANAGEMENT 101

9 RISK MANAGEMENT ENTERPRISE-WIDE
The Total Approach to the protection of assets, earnings, liabilities, reputation, and personnel against predictable and unpredictable losses in order to achieve the maximum efficiency at minimum cost. Risk Management is now called Enterprise-wide Risk Management because the risk exposures of an organization or even a country and its people are so huge and complex that a TOTAL APPROACH is necessary in order to protect lives, properties and environment. Modern definition of Risk Management or Enterprise-wide Risk Management. The old definition simple dealt with insurable assets that were insurable.

10 THE RISK MANAGEMENT PROCESS
Here is my favorite Graphical Chart on EWRM. EWRM is a PROCESS. It consists of Identification, analysis, control, finance and administration.

11 RISK IDENTIFICATION METHODS
(Risk Profiling) Survey or questionnaire Going through the Company’s financial records Review of contracts, audit reports and surveys Flowcharting of operations Consulting/Engaging 3rd party experts Ocular and physical inspection Table top discussion/interview with key personnel Risk identification or Risk profiling is the first step. There are many ways of identification and profiling and I will not discuss this in detail anymore.

12 RISK MEASUREMENT/ANALYSIS
Frequency - probability or chance/likelihood Workshop/Brainstorming Loss History Forecasting Severity - impact of losses/adverse effects PML, EML, mathematical models Impact on 3rd parties Simulation models The second step is Risk Measurement and Analysis. After identifying the risk and/or loss exposures, we measure the FREQUENCY and the SEVERITY of the LOSS. FREQUENCY is the probability or the chance or the likelihood that such event will occur. SEVERITY is the impact or adverse effects of an event if it occurs.

13 RISK MEASUREMENT/ANALYSIS
F r e q u e n c y Improbable S e v r i t y Regular LOSS CONTROL and PREVENTION Negligible RETENTION This quadrant is what I normally use in my presentations about EWRM. You can find other books, presentations and lectures containing more boxes, sometimes 6, 8 or even more. But I would like a simple one. One that is basic. A quadrant. Here we can see that the FREQUENCY of an event could take place from improbable into regular while the SEVERITY of an event could be negligible towards being catastrophic. I use the quadrant to measure SEVERITY & FREQUENCY in order to identify what POSSIBLE EWRM SOLUTION can be used in order to mitigate, reduce and control the adverst effects of the event. And if you look at this quadrant, INSURANCE is only one of the many EWRM solutions to mitigate effects of negative/adverse events. CRISIS MGMNT Good Governance Bus Continuity Plan Disaster Recovery Plan INSURANCE Bus. Continuity Plan Disaster Mgnt Plan Emergency Mgnt Plan Catastrophic

14 RISK MANAGEMENT TECHNIQUES
RISK CONTROL – Stop losses from happening or if it happens, reduce the effects and impact of the loss. AND/ OR RISK FINANCE - Provides fund if and when losses occur. The 3rd step of EWRM is to adopt an appropriate/applicable EWRM Technique, whether to CONTROL or FINANCE or to do both.

15 RISK CONTROL RISK FINANCING 1. Retention through 1. Risk Avoidance
RISK MANAGEMENT TECHNIQUES RISK CONTROL RISK FINANCING 1. Retention through - Deductibles - Reserve/Funds - Current Expensing - Borrowing - Self-Insurance - Captive Insurance 2. Transfer through - INSURANCE - Hold Harmless/Outsource 1. Risk Avoidance 2. Loss Prevention 3. Loss Reduction 4. Segregation of Risks 5. Combination Diversification Outsourcing Risk CONTROL is basically avoidance, prevention, reduction, segregation, combination, diversification and outsourcing. Risk FINANCE on the other hand is retaining risks and losses through deductibles, reserving, expensing, borrowing, self-insurance and captive insurance while transferring risks and losses thru INSURANCE and hold harmless clauses and again, outsourcing the risk exposures.

16 CONTROL (Avoid, Prevent, Reduce)
QUESTION: CONTROL OR FINANCE? CONTROL (Avoid, Prevent, Reduce) In an EPC contract or Project Management contract, the project owner and all parties concerned should have to strike a proper balance in order not to compromise the interests of the various parties involved, especially the ultimate beneficiaries of the project. The questions to be asked are: Is there enough financial resources to immediately rebuild, restore and replace in case there is a loss. Is there an adequate risk transfer mechanism to fund such restoration and rebuilding? If the answer is leaning towards NOT ENOUGH, then, the organization should really have a comprehensive EWRM control program in place. FINANCE (Retain or Transfer) IDEAL: PERFECT BALANCE

17 RISK MANAGEMENT TECHNIQUE TRANSFER
INSURANCE EAR, CAR Guarantees and Bonds ALOP following EAR, CAR, Marine Cost Overrun Repayment Guarantees Errors and Ommissions, Professional Indemnity Reinsurance Non-insurance transfers contractual transfers hold harmless outsourcing or subcontracting-use of 3rd party experts. TRANSFERRING of risks is a risk management solution of last resort. The key to managing risk is CONTROL—anticipate, avoid, prevent, reduce, recovery, continuity of operations. Since we’re talking about maximizing insurance as a Risk Management Technique, we will deal with all the insurance coverages applicable to EPC Projects. Actually, EPC Project-type of arrangement is a Risk Management approach in order to minimize huge loss exposures on the part of the Project owner. The project is outsourced, there is a fixed contract price, all responsibilities are defined and cost-benefits are properly considered even in the start of the project. That in itself is Risk Management in contrast to a project that is handled by the owner himself—engineered, procured, construct, funded, operated, maintained, paid, etc. by the owner. May it be an EPC Contract or a Project Management Contract, Risk Transfer through INSURANCE, Reinsurance and Non-insurance transfers like contractual transfers, hold harmless clauses and outsourcing and subcontracting, INSURANCE PRINCIPLES & PRACTICES are still the same.

18 RETAINED/FUNDED RISK (Deductibles, Funded Self Insurance, etc)
QUESTION: RETAIN OR INSURE? RETAINED/FUNDED RISK (Deductibles, Funded Self Insurance, etc) Again, there has to be a perfect balance in transferring risks. Not all INSURANCE PROVIDERS will accept all types of risks. Some of these risks like those predictable recurring and normal events, those caused by gross negligence, gross incompetence and grave erroneous conduct, and finally, the extreme ones like sabotage and terrorism, fraud and syndicated felonies could hardly if not totally be insured. TRANSFERRED RISKS (Insurance and Hold Harmless) IDEAL: PERFECT BALANCE

19 CONTROL OR FINANCE RETAIN OR TRANSFER?
CORPORATE CULTURE FINANCIAL STRENGTH LOSS HISTORY MARKET CONDITION MANAGEMENT STYLE Note: Management may set a policy on risk retention and transfer once the EWRM is set in place. At the end of the day, the balancing act of INSURING/TRANSFERRING risks and RETAINING/ABSORBING risks depends on several factors: The culture of the organization whether they are risk takers or risk averse. The financial strength of the company, whether they have enough funds to absorb risks or not. The loss history, whether losses dominate their projects in the past or not. The industry situation, whether or not the present situation is inclined towards insurance or towards prevention and control. And of course, the Management style.

20 PROJECT RISK MANAGEMENT & ALLIANCE
MAXIMIZING THE USE OF INSURANCE Let us now evaluate how we can make optimize the use of Insurance as a Risk Financing mechanism to protect the various interests in the EPC projects.

21 EPC PROJECT PARTICIPANTS
HOST GOVERNMENT SUPPLIERS EQUIPMENT MANUFCTRS FEEDSTOCKS EPC CONTRACTOR SUB-CONTR OPERATOR ADVISORS LEGAL/EWRM CREDIT/FINANCE ENGRS/CONSULT PROJECT OWNER* First of all, let us identify who are the key players of the PROJECT, may it be EPC or other types of mega projects, regardless of the ownership and relationship structure. Each interest should be properly protected and INSURANCE is one of the most important tool in Managing Risks. POWER PURCHASERS DISTRIBUTORS INVESTORS CREDITORS LENDERS INSURERS REINSURERS GUARANTORS *COULD TAKE MANY DIFFERENT FORMS: JV, MULTIPLE OWNERS, SPVS, INVESTORS ONLY DURING CONSTRUCTION, ETC.

22 EPC PROJECTS: PHASES OF ACTIVITIES
PLANNING/DESIGNING/COST BENEFIT/FEASIBILITY/SELECTION OF FINANCIAL ADVISORS/LENDERS/INVESTERS ESTABLISHING PROJECT OWNER/COMPANY/EITHER EXISTING OR NEW ENTITY FINANCIAL CLOSING/BIDDING OF PROJECT/CONCLUSION OF CONTRACTS We also have to know the different phases of activities involved in the PROJECT—from conceptualization, feasibility study, planning, designing, selection of advisors, establishing the project owner, financial closing, bidding, conclusion of contracts, construction, shipment of machineries, commissioning and testing. SHIPMENT OF MACHNERIES & EQUIPMENT/CONSTRUCTION COMMISSIONING AND TESTING

23 EPC PROJECTS: PHASES OF ACTIVITIES (Con’t)
TURNOVER/ACCEPTANCE BY PROJECT OWNER/COMPANY TURN OVER TO OPERATOR AND/OR MANAGEMENT COMPANY COMMERCIAL OPERATIONS/ACCOMPLISHMENT OF OBJECTIVES OF THE PROJECT ….turnover and acceptance by the PROJECT OWNER, turnover to Operator and/or Management Company, commercial operations, payment to lenders and creditors and investors, generating income to pay for lenders and investors, and continuous operations. GENERATING INCOME/PAYMENT TO LENDERS/INVESTORS FULL PAYMENT AND CONTINUOUS OPERATIONS

24 SOME OF THE RISK/LOSS EXPOSURES
EPC PROJECTS RISK MANAGEMENT SOME OF THE RISK/LOSS EXPOSURES SUBSTANTIAL COST OVERRUNS >50% OF ORIGINAL COST. SUBSTANTIAL BENEFIT SHORTFALLS BANKRUPTCY OF PROJECT OWNER/CONTRACTOR/OPERATOR WITHDRAWAL OF LENDERS CANCELLATION OF HOST GOVERNMENT PERMITS POLITICAL RISKS LIKE WAR AND TERRORISM. WITHDRAWAL/BANKRUPTCY OF INSURERS AND REINSURERS DELAY START UP AND DELIVERY. DELAY IN EQUIPMENT PROCUREMENT AND DELIVERY. LOSSES DURING CONSTRUCTION LOSSES DURING COMMISSIONING AND TESTING. WITHDRAWAL OF POWER PURCHASER OR DISTRIBUTOR CURRENCY FLUCTUATIONS UNSTABLE LAWS, LEGAL &, REGULATORY FRAMEWORK, PRICING ERRORS IN DESIGN AND RESULTANT SPECIFICATIONS Knowing the key players of the PROJECT and the PHASES OF ACTIVITIES will then give us the various risks and loss exposures that surface before, during and after project implementation.

25 Stable contract price; Cost overruns provided
EPC PROJECT RISK MANAGEMENT: CREDITORS’/LENDERS’ CONCERNS (Bankability/Acceptability of Project) Project completion as scheduled: normally tied up with off –take agreements or income generation. Stable contract price; Cost overruns provided Provision for Extension of Project Costs and Project Completion date Output/Off-take Guarantees (ALOP/DLD) Limited liability of Project Owner to Contractor Performance & Surety Bonds – 20% performance and 10% surety for design & latent defects & Retention. Security from Contractor (Consortium and its Head Offices): Back to Back Guarantees And every PROJECT key player has its own concerns and issues to settle. Take the case of the CREDITORS/LENDERS. Lenders are exposed more than anyone else in the PROJECT, especially in PROJECT MANAGEMENT where the collateral is the COMPLETED PROJECT itself. If the Project fails, the Creditors will certainly be left holding the bag. Major concerns therefore are Costs, Completion and Realization of Project benefits.

26 EPC PROJECT RISK MANAGEMENT: CREDITORS’/LENDERS’ CONCERNS (continued)
Viability of project maintained until operation. All changes/milestones communicated to Lenders. Lenders named as additional co-insured. Limited design and techno risks Lowest Country, political and credit risks. Comprehensive Insurance Cover (seamless cover) Guaranteed Payment of Loan. Smooth Certifications Process (acceptance, commissioning & testing, governments, environmental, international standards) Moreover, Creditors and Lenders are concerned by the project viability until the loan is fully paid and secured. In some instances, Lenders would want to be named in the policy to the extent of its exposure in the project. Creditors are worried about country risks, design and techno risks, seamless insurance cover, and government and industry standards certification process. In fact, some Creditors require certifications as a pre-requisite for the final financing draw-down.

27 EPC PROJECT RISK MANAGEMENT: CONTRACTOR’S CONCERNS
COMPREHENSIVE INSURANCE PROGRAM SEAMLESS INSURANCE PROGRAM OWNER CONTROLLED INSURANCE PROGRAM HOST COUNTRY LAWS, REQUIREMENTS. LOCAL EXPERTISE –SUPERVISORY & LABOR LOCAL MATERIALS & EQUIPMENT LOCAL SUB-CONTRACTORS—ENGINEERING & SUPPORT SERVICES REASONABLE PROJECT OWNER The Project Contractor on the other hand has its own concerns and issues to reckon with. Being the one on the Contractors are becoming more selective. Especially is oil and gas projects, Contractors are limited and Project Owners and Sponsors are also categorized as Class A, Class B and Class C in terms of professionalism and integrity.

28 EPC PROJECT RISK MANAGEMENT : PROJECT OWNER’S CONCERNS
THE MOST APPROPRIATE PROJECT THAT WILL GIVE THE DESIRED BENEFITS/OBJECTIVES AN IDEAL CONTRACTOR/MANAGER/SUPPLIER ATTRACTIVE FINANCING SCHEME & LIBERAL CREDIT TERMS AND CONDITIONS. SEAMLESS INSURANCE PROGRAM LEASE COST EFFICIENT CLAIMS ADMINISTRATION TECHNICAL SUPPORT SERVICES CLASS ‘A’ REINSURERS Munich Re, Allianz, Hanover Re, General-Cologne Re Swiss Re, Zurich Financial Services SCOR, AXA GARD; Scandinavian RI Lloyds Syndicates/Bermuda RI AIG/Hartford And of course, the Project Owners Concerns and issues. The Project Owner’s desire is to come up with the most appropriate project that will give the desired benefit and objectives of the stakeholders, selection of an ideal contractor and other service providers, attractive financing scheme and seamless protection thru a comprehensive insurance program. Project Owners/Sponsors normally benchmark with best practices and network with industry players. More often, Project Owners are driven by competition and customer demands.

29 INSURANCE COVERAGES EPC PROJECTS RISK MANAGEMENT
Here are the various insurance programs that are available to an EPC Project. Each Player or stakeholder in the Project has his own protection needs. And therefore, the most appropriate and comprehensive risk management program should be in place. Insurance should only be secondary.

30 OWNER-CONTROLLED INSURANCE PROGRAM
EPC PROJECTS RISK MANAGEMENT OWNER-CONTROLLED INSURANCE PROGRAM Over-all Control of the EPC reinsurance program. Seamless transition from construction to Operational phase. Coverage as least cost due economies of scale. Delay in Start Up (DSU) or ALOP can be easily effected Owner has choice of insurer security – Class A & Industry Claims paid directly to Owner or JV Owners. Interface with Owners existing insurance program. Where handover is on phase-by-phase basis. Elimination of redundant insurance services & expenses. All Project parties covered for same risks – single point responsibility- back-to-back guarantees. Control of Claims/Coordinated Claims Admin. Safety/Loss Control services from Insurance providers. OCIP or owner-controlled insurance program are secured by the Project Owner either new or within the existing OCIP program. Large companies have existing OCIP for CAR and EAR, CGL, etc. and all they have to do is to report such risks with existing reinsurers. The advantage is that only one party is responsible for bundled service rather than unbundling which may be expensive and may result in gaps.

31 BENEFITS OF A COMPREHENSIVE INSURANCE PROGRAM
EPC PROJECT RISK MANAGEMENT BENEFITS OF A COMPREHENSIVE INSURANCE PROGRAM PROTECTION IS ASSURED IF COVERAGE IS SEAMLESS FUNDS DELAYS IN PROJECT COMPLETION. ENHANCES PROJECT CREDIT. INSURANCE IN A PROJECT BECOMES A FORM OF Collateral Enhanced form of security ENHANCED CONFIDENCE OF LENDERS REDUCTION OF PROJECT FINANCE COSTS REDUCTION IN PROJECT OVERHEADS. STAKEHOLDERS CONFIDENCE PEACE OF MIND OF ALL PLAYERS. DELIVERY OF DESIRED PROFITABILITY FOR ALL. In any project, a seamless insurance program is always desired by the Project Players. More than the maintenance of the needed capital for the project, some of the benefits of a comprehensive insurance program are….. protection is assured,enhanced lenders confidence, reduction in costs and overhead, stakeholders confidence, peace of mind and delivery of desired profitability.

32 EPC PROJECTS RISK MANAGEMENT RESPONSIVE CLAIMS MANAGEMENT
PRIOR TO THE LOSS --Proper Property Valuation/Appraisal --Adequate Bonding Requirement --Specific Job Description/Deliverables --Loss simulation; Drills and exercises; Training & Education; Emergency Preparedness, --Loss History; Loss Forecasting DURING THE LOSS -- Reliable and capable adjusters with integrity -- Disaster Management/Disaster Recovery -- Salvage and subrogation values and rights. -- Preservation of evidence and securing of witnesses POST LOSS -- Submission of documents and evidences. -- Close coordination among claimants, adjusters, insurance companies, brokers and other third parties if any. -- Policy interpretation; Questions on clauses -- Payment on Account; Settlement in 30 days -- Negotiation skills; compromise and ex-gratia settlement. -- Subrogation/Recoveries. -- Business Continuity Equally important is the Claims Administration Program not only in EPC Projects but even in going concern businesses. Yes, primary concern of Project Owners is to come up with a comprehensive insurance program. Normally, Insurers/Reinsurers and Project Owners should formulate a guidelines on Claims Administration and should form part of the EPC Project Documentation and to be communicated to all concerned parties. Likewise, included in such Claims Administration Program is the pre-selected Loss Adjusters and Surveyors in cases of losses. Otherwise, there could be a tug-of-war who to appoint when the loss occurs.

33 INSURERS EXPECTATIONS
PROJECT RISK MANAGEMENT & ALLIANCE INSURERS EXPECTATIONS COMPREHENSIVE PROJECT SURVEY REPORT Nature of Project: Turn-key, Lump Sum, Design & Build Exposures: Natural and Man-Made/Terrorism & Sabotage Risk Management Program Project Owner’s Management Culture especially OHSSE SELECTION OF RISKS Class A, Above Average Risks of the Project Long-term relationships Integrity of Project Owner and other parties to the EPC Project Integrity/Track record of all other players: contractors, operators, lenders, operators Host government’s exposure to political risks/current legislations PROJECT STANDARDS Local government, international Industry standard Fire Codes; Materials Standards The Seamless Insurance Coverage as well as a Responsive Claims Administration Program are achieved only when INSURERS expectations are met. More than the premiums, the Insurers/Reinsurers expect a comprehensive project survey, integrity of project players, commitment of host governments, and the adoption of global industry standards. As the Risk Financing Vehicle provider, it is concerned with the Management Culture and Good Governance of the Project Owner and Contractor. It is for this reason that it is advised that the Insurers/Reinsurers of EPC Projects should primarily consists of the SAME Insurers/Reinsurers of the Operational completed Project, hence we call it SEAMLESS.

34 PROJECT RISK MANAGEMENT & ALLIANCE SOME STATISTICS ON LOSSES
IN THE AIRLINE INDUSTRY 70% OF THE ACCIDENTS WERE CAUSED BY HUMAN ERRORS. IN THE SHIPPING INDUSTRY 65% OF THE ACCIDENTS WERE CAUSED BY HUMAN ERRORS 50% OF THE ACCIDENTS TOOK PLACE ON A CLEAR DAY. IN THE OIL & GAS BUSINESS 50% WERE DUE TO NEGLIGENCE WORK PERMITS, POOR HOUSEKEEPING, CHANGE MGNT. As the saying goes, “To err is human, to forgive is divine”. Because of such loss statistics, more and more the need to educate and train personnel from Project Owner to Contractor and Sub-Contractor becomes imperative. Because of this, there is NO SUBSTITUTE TO A PRO-ACTIVE ENTERPRISE WIDE RISK MANAGEMENT PROGRAM.

35 LOSS EXPERIENCE CYCLE ABNORMAL BUSINES CYLE
PROJECT RISK MANAGEMENT & ALLIANCE LOSS EXPERIENCE CYCLE ABNORMAL BUSINES CYLE In every loss experience, there should be lessons learned. Very important is loss prevention, loss reduction or loss avoidance. Post loss evaluation is also important. *ONLY possible if there is a comprehensive insurance program that is in place.

36 PROJECT RISK MANAGEMENT & ALLIANCE POST-LOSS OBJECTIVES
SURVIVAL CONTINUITY OF OPERATIONS (normal capacity?) STABILITY OF EARNINGS GROWTH POTENTIALS HUMANITARIAN CONDUCT/CSR ENVIRONMENTAL IMPACT INVESTMENT RETURNS TO ALL PARTIES ATTAINMENT OF THE PROJECT OBJECTIVES/BENEFITS When there is a loss, we need to answer questions like: Can we survive the loss? Can we continue operating at normal capacity? Can we maintain the present level of earnings? Is the forecasted growth levels still attainable? Are we going to have potential environment and humanitarian liabilities? Will our shareholders still be assured of the normal return on their investments? Can we still maintain present dividend rate? 5. Will the objectives and benefits of the project still realizeable?

37 PLANNING, DESIGN, CONTRACT SIGNING
PROJECT RISK MANAGEMENT & ALLIANCE NO SUBSTITUTE FOR A SOUND RISK MANAGEMENT PROGRAM PLANNING, DESIGN, CONTRACT SIGNING RESPONSIBILITIES OF ALL PARTIES TRACK RECORD/EXPERIENCE OF ALL PARTIES INVOLVEMENT OF REINSURERS from beginning CONTRACT REVIEW-Mismatched related contracts (b2b clause) LOSS CONTROL MEASURES-CONSTRUCTION PREVENTION/REDUCTION BUSINESS CONTINUITY PLAN/EMERGENCY RESPONSE DISASTER MANAGEMENT & RECOVERY DEVELOP CULTURE OF RISK MANAGEMENT CONTROL OF INSURANCE (OCIP) INSURANCE/REINSURANCE/RETENTION SEAMLESS INSURANCE COVER CLAIMS ADMINISTRATION We can, therefore, say that in CIVIL OR ENGINEERING PROJECT, big or small, there is no substitute for a SOUND RISK MANAGEMENT PROGRAM. When we say, there is no substitute for a sound EWRM program, it means an “ounce of prevention is better than a pound of cure”. From planning to design to contract signing, up to construction, testing and commissioning, and finally to operations, a comprehensive EWRM program should be in place. Which means, there should be proper loss control, loss prevention, loss reduction, risk finance and risk transfer measures that are in place.

38 ALLIANCES OF RESOURCES
IN SUMMARY: PROJECT RISK MANAGEMENT ENTAILS: ALLIANCES OF RESOURCES CONTINUOUS ENTERPRISE-WIDE RISK MANAGEMENT PROGRAM/ADMNIN In summary, PROJECT RISK MANAGEMENT requires ALLIANCE of initiatives and interventions. These ALLIANCES should bring together the use of TECHNOLOGY, PROCESSES and of course, the most important of all, PEOPLE. PEOPLE, the most important resource of the organization. And PEOPLE is the most sensitive among all ALLIANCES. It is for this reason that HUMAN RESOURCE TRAINING & DEVELOPMENT comes into play. That is why Conferences like these are very important, not only as a source of learning but also to BENCHMARK & NETWORK so that each one can benefit from BEST PRACTICES. Thanks to MARCUS EVANS for putting this conference together with partners, sponsors and alliance providers. Have a nice day.

39 ACKNOWLEDGEMENTS/REFERENCE MATERIALS USED
Risk and Insurance Management Association of the Phils (RIMAP)– various annual conferences from Risk and Insurance Management Society of North America (RIMS)-various annual conferences in Winnipeg, Florida and San Francisco from International Federation of Risk and Insurance Management Association of Asia and Pacific (IFRIMA) discussion meetings in Florida, Cologne, San Francisco from Federation of Asia Pacific Association of Risk Management Organizations (PAFARMO) annual conferences – Malaysia, Singapore, Sydney, Philippines from Presentation of Wolfgang Zimmermann of Allianz AG, Industrial Division-Engineering/Marine, 2004. Books written by George Head of Insurance Institute of USA and Prakash A. Shimpi of Swiss Re New Markets.

40 CARLOS H. YTURZAETA Certified Public Accountant (CPA)
Ex-Licensed Underwriter & Reinsurance Broker, Insurance Officer, Risk Manager Lecturer, Insurance Institute of Asia & the Pacific (IIAP)/Marine Underwriters Asso of the Phils.(MUAP)/Philippine Institute of CPAs (PICPA) Consultant/Speaker Trainor on Enterprise Wide Risk Management/Captive Insurance/ Accounting, Audit and Tax/Property Management/Estate Planning, DMP, Crisis Mgnt, Claims Admin. Systems and Procedures, Emergency Management, Business Continuity. Established the first Philippine Captive in Bermuda (Overseas Ventures Insurance Corp.or OVINCOR)‏ Established/Gen. Manager of-the first “controlled” Phil. Insurer (Petrogen Insurance Corporation), a fronting company for OVINCOR. 25 years in the largest energy conglomerate in the Philippines consisting of Petron, PNOC, PNOC-Energy Development Corp, PNOC-Shipping & Transport Corp., PNOC-Coal Corp, PNOC-Exploration Corp, PNOC-Tankers Corp—in various capacities. Social work, cooperatives, and community development thru Rotary Club Makati Edsa (District 3830) & Jose Carlo P. Yturzaeta Memorial Foundation, Inc.

41 MARCUS EVANS CONFERENCES
THANK YOU. ENJOY THE REST OF THE WEEK. CARLOS H. YTURZAETA DIRECTOR, E&RM PHILS., INC. CHAIRMAN, MUAP LECTURER/TRAINOR, Enterprise Wide Risk Management, Insurance and Reinsurance, Captive Insurance, BCP, DMP Address: & 41


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