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Agenda 09/28/2021 Item #16E 4 (Purchase of Liability, Auto and Insurance Coverage)09/28/2021 EXECUTIVE SUMMARY Recommendation to approve the purchase of Liability, Automobile, and other insurance coverage for FY 2022 in the estimated premium of $897,494. OBJECTIVE: To protect the County against financial loss from casualty related claims and lawsuits and to comply with contractual and statutory requirements through the implementation of a cost effective, best value Casualty Insurance program. CONSIDERATIONS: Pursuant to Florida Statutes Section 768.28 and Chapter 440, the Risk Management Division administers the Property Casualty Fund (Fund 516) to finance its Property, Casualty program. Claims are administered by Johns Eastern Company. Assured Partners of Florida (Insurance and Risk Management Services) is the County’s contracted broker of record for coverage. The County purchases excess coverage to protect against catastrophic losses; to cover a cause of action not limited by a state statutory tort cap (such as Employment Practices Liability); to comply with contractual requirements such as grants and leases; or if a claims bill is enacted pursuant to chapter 768.28, Fla. Statutes. The current program expires on September 30, 2021. For the FY 2022 renewal, a Renewal Summary Sheet is attached which illustrates the pricing for each carrier by line of coverage and the purpose/basis of each coverage. The significant highlights of the renewal are as follows. · Total premium for all coverage lines increased 2.55% or $23,523. This increase is due primarily to an increase in ratable exposures as reported in the application to the Underwriters and a general hardening of the market, primarily in the Cyber insurance sector. · The Property Insurance program renews on April 1, 2022 and is not included in this recommendation. Additionally, Aviation, Flood and Workers’ Compensation Insurance are not included in this recommendation and will be submitted separately. All carriers hold a Best’s financial rating of “A, Superior” or higher. FISCAL IMPACT: The estimated annual premium is $946,872; however, the Pollution insurance policy was pre-paid for three years in FY 21, thus, no premium will be due in FY 22 and FY 23. Therefore, the net premium due in FY 22 estimated to be $897,494 as outlined in the Renewal Summary Sheet. Sufficient funds have been budgeted within Fund 516, Property and Casualty Insurance for this purchase. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues and requires majority vote for approval. -JAK RECOMMENDATION: It is recommended that the Board approves the following: 1) The purchase of insurance coverage as outlined in the Executive Summary and the Renewal Summary Sheet effective October 1, 2021. 2) The rejection of Uninsured Motorist Insurance, authorizing the County Manager or designee to 16.E.4 Packet Pg. 1299 09/28/2021 execute the necessary rejection forms. 3) Authorize the County Manager or designee to complete the applications or other documents necessary to bind coverage and services effective October 1, 2021. Prepared by: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management Division ATTACHMENT(S) 1. FY 22 Casualty Renewal Summary (2) (PDF) 2. Marketing Detail Letter (PDF) 16.E.4 Packet Pg. 1300 09/28/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4 Doc ID: 19987 Item Summary: Recommendation to approve the purchase of Liability, Automobile, and other insurance coverage for FY 2022 in the estimated premium of $897,494. Meeting Date: 09/28/2021 Prepared by: Title: Operations Coordinator – Risk Management Name: Greily Gonzalez 09/07/2021 10:24 AM Submitted by: Title: Division Director - Risk Management – Risk Management Name: Jeff Walker 09/07/2021 10:24 AM Approved By: Review: Agenda Clerk Preview Geoffrey Willig Agenda Clerk Preview Completed 09/07/2021 11:03 AM Risk Management Jeff Walker Director Review Completed 09/07/2021 1:42 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/07/2021 1:54 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 09/07/2021 4:11 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/08/2021 8:25 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/20/2021 4:42 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/28/2021 9:00 AM 16.E.4 Packet Pg. 1301 Collier County Government FY 22 Casualty Insurance Renewal Summary FY 22 Premium and Limits All Lines Aggregate $ 633,956 $ 576,264 -9.10% Limits Purchased:$5,000,000 General Liability $5,000,000 General Liability $5,000,000 Auto Liability $5,000,000 Auto Liability $5,000,000 Public Officials $5,000,000 Public Officials $600,000 Workers Comp $1,000,000 Auto Physical $1,000,000 Auto Physical Damage Replacement Damage Replacement $1,000,000 Crime $1,000,000 Crime Terrorism/Active Shooter Liability $ 79,375 $ 63,745 -19.69%Underwriters at Lloyds Terrorism- $10,000,000 per occurrence/ $20,000,000 aggregate. Active Shooter- $5,000,000 limit per occurrence. Terrorism- $10,000,000 per occurrence/ $20,000,000 aggregate. Active Shooter- $3,000,000 limit per occurrence. Excess Crime (Employee Dishonesty) $ 10,276 $ 10,732 4.44% Limits Purchased:$4,000,000 Employee $4,000,000 Employee Dishonesty Dishonesty $4,000,000 Computer $4,000,000 Computer and Funds Transfer Fraud and Funds Transfer Fraud $1,000,000 Faithful Performance $1,000,000 Faithful Performance Statutory Accidental Death $ 18,428 $ 18,428 0.00% Limits Purchased:Statutory- Includes Statutory Changes pertaining to Cancer Presumption Statutory- Includes Statutory Changes pertaining to Cancer Presumption Carrier/Vendor FY 22 Casualty Renewal Summary This is a two year rate guarantee. Hartford Insurance Death benefits provided to law enforcement officers and extended to paramedic staff pursuant to FS 112.19. Policy Type FY 21 Premium and Limits % Change FY 21 Deductibles and Notes $1,000,000 retention Hanover Insurance Purpose $300,000 per occurrence for General Liability, Automobile Liability and Public Officials Liability; $100,000 for Crime; and $50,000 for Auto Physical Damage Primary coverage layer providing coverage for bodily injury, property damage, professional acts, employment practices, workers' compensation, limited inverse condemnation/eminent domain, and employee dishonesty/fidelity. FS 768.28, FS 440, Federal Statutes. $100,000 retention per occurrence. Terrorism is excluded from most policies. This program covers liability arising out of acts of foreign and domestic terrorism otherwise excluded. Active Shooter-First Party Coverage for Direct Physical Damage. Third Party Coverage for Bodily Injury and Property Damage resulting from Malicious Attack. Princeton Excess and Surplus Excess crime layer providing coverage for employee dishonesty, Faithful performance by public officials and Computer and Funds Transfer Fraud. Page 1 16.E.4.a Packet Pg. 1302 Attachment: FY 22 Casualty Renewal Summary (2) (19987 : Approval of Liability, Automobile, & Other Collier County Government FY 22 Casualty Insurance Renewal Summary Pollution Liability $ 49,378 $ 49,378 0.00% $148,134 for Three year Rate $148,134 for Three year Rate Limits Purchased:$2,000,000 each loss $2,000,000 each loss $4,000,000 aggregate $4,000,000 aggregate Maritime Employers Liability $ 13,905 $ 16,337 17.49% Limits Purchased:$1,000,000 $1,000,000 Excess Maritime Employers Liability $ 17,031 $ 19,268 13.13% Limits Purchased:$4,000,000 $4,000,000 Cyber Insurance $ 76,000 $ 167,720 120.68% Limits Purchased:$10,000,000- Recommended due to recent increase in Cyber attacks on Public Entities $5,000,000- Recommended due to recent increase in Cyber attacks on Public Entities Contingent Law Enforcement Professional $ 25,000 $ 25,000 0.00% Limits Purchased:$3,100,000 Limit $3,100,000 Limit $3,300,000 Aggregate $3,300,000 Aggregate Total Premium 923,349$ 946,872$ 2.55% FY 22 Premium Due (Total less Prepaid*)897,494$ Change in Ratable Exposures FY 21 FY 22 % Chg. Budget 2,059,994,300$ 2,204,425,700$ 7.01% Net Operating Expenditures 932,494,095$ 992,465,047$ 6.43% Employees 2,484$ 2,418$ -2.66% Vehicles 1,207$ 1,193$ -1.16% Auto Physical Damage Values 31,686,994$ 37,492,295$ 18.32% Payroll 153,308,009$ 155,590,409$ 1.49% Average Change 4.91% Provides coverage for liability from a data breach; defense costs; ransomware and mitigation/compliance costs associated with a breach response Provides coverage for the liability arising out of the operation of watercraft; injury to crew; and injury to divers pursuant to the Jones Act 33 U.S.C. Sec. 901. $100,000 deductible per loss. For FY 21 the carrier offered a three year rate guarantee in the amount of $148,134 pre paid. FY 22 is the second year of a three year rate guarantee. The annual premium amount is shown is for comparison purposes. Indian Harbor Liability and clean up coverage for the discharge of pollutants from scheduled tanks, landfills and vehicles to comply with FS 376.309- Financial Responsibility Law. $10,000 *Pollution was prepaid for a three year period in FY21. Premium will not be due in FY 22. Liberty Mutual Insurance Company None Florida Sheriff’s Self- insurance Fund Coverage to protect the Board of Commissioners for negligent acts arising out of the law enforcement activities of the Sheriff pursuant to various Florida Statutes, case law and Federal Statutes. $1,000,000 American Alternative Insurance $250,000 Indian Harbor Page 2 16.E.4.a Packet Pg. 1303 Attachment: FY 22 Casualty Renewal Summary (2) (19987 : Approval of Liability, Automobile, & Other September 2, 2021 Jeff Walker, Division Director Risk Management Division 3311 Tamiami Trail, East, #D Naples, FL 34112 Re: Casualty Insurance Renewal Effective 10/1/21 – Marketing Detail Jeff; Package – Auto Physical Damage, General Liability, Auto Liability, Public Officials Liability, Crime Insurance, Worker’s Compensation – Princeton Excess & Surplus Insurance Company 1. Policy limits and self-insured retentions remain the same as expiring. A Communicable Disease Exclusion will be added at renewal. A specimen form is attached. 2. Annual premium: $628,764 Expiring premium: $633,956 3. Ratable exposures have changed for the renewal: 20-21 21-22 Budget $2,059,994,300 $2,204,425,700 Net Operating Expenditures $932,494,095 $992,465,047 Employees 2,484 2,418 Vehicles 1,207 1,193 APD Values $31,686,994 $37,492,295 Payroll $153,308,009 $155,590,409 4. There are options available for consideration: a. Auto Physical Damage 1) Increase the SIR from $50,000 to $100,000 - $3,900 premium savings 2) Increase the limit on covered items from $60,000 to $100,000 - $1,785 savings 3) Increase the limit on covered items from $60,000 to $150,000 - $5,140 savings 4) Remove the Auto Physical Damage from the ALA - $140,359 savings 16.E.4.b Packet Pg. 1304 Attachment: Marketing Detail Letter (19987 : Approval of Liability, Automobile, & Other Insurance for FY 2022) b. Auto Liability 1) Remove the Uninsured Motorists coverage on Take-Home vehicles - $2,500 savings c. Auto Liability, General Liability, Public Officials Liability and Auto Physical Damage 1) Increase the SIR from $300,000 per occurrence to $500,000 per occurrence on AL, GL and POL, and from $50,000 to $100,000 on APD – annual premium $531,529 – a savings of $97,235 d. General Liability and Public Officials Liability 1) Increase the SIR from $300,000 per occurrence to $500,000 per occurrence – annual premium $558,448 – a savings of $70,316 e. Worker’s Compensation 1) Remove this coverage from the ALA - $50,000 savings f. General 1) Remove the Clash coverage – PESLIC is not able to offer this. 5. Additional markets approached for quotes: a. Risk Placement Services (the current broker) 1) Ambridge/BRIT – Pending b. Safety National – declined to quote as they were unable to compete on the Excess Worker’s Compensation portion. Their casualty program is only offered in congruence with their Excess WC program. c. Preferred Governmental Insurance Trust (PGIT) – declined to quote. Cannot compete with the broad scope of coverage in the current program, cannot provide physical damage coverage because of capacity issues. d. Florida League of Cities, Inc. – informed us they do not wish to provide a proposal at this time. e. Breckenridge Insurance – informed us they are unable to provide a quote at this time. 1) Underwriters at Lloyds f. Apex Insurance Services 1) Berkley - Pending 2) Chubb Insurance - Pending 3) Old Republic - Pending 4) Travelers Insurance – declined as Johns Eastern is not an approved TPA 16.E.4.b Packet Pg. 1305 Attachment: Marketing Detail Letter (19987 : Approval of Liability, Automobile, & Other Insurance for FY 2022) Terrorism Liability/Active Shooter Liability – Underwriters at Lloyds (Hiscox) 1. Policy limits and self-insured retentions remain the same as expiring. 2. Annual Premium: $88,745 Expiring Premium: $79,375 3. Ratable exposures have changed for the renewal: 20-21 21-22 Total Insured Values $1,024,438,779 $1,048,557,727 4. Option to consider: a. Reduce the Active Shooter limit from $5,000,000 to $3,000,000 - $25,000 savings Excess Crime – Hanover Insurance Company 1. Excess limits above the Crime coverage included in the Package policy remain the same as expiring. 2. Annual premium: $10,732 Expiring premium: $10,276 Statutory Accidental Death & Disability – Hartford Insurance Company 1. Policy limits are per the statute. This is a 2-year fixed rate policy. 2. Annual premium: $18,428 (for the period 10/1/21-22) Expiring premium: $18,428 Pollution Liability – Indian Harbor Insurance Company 1. Policy limits and self-insured retentions remain the same as expiring.. This is a 3-year fixed rate policy. 2. Annual premium: $49,378 (for the period 10/1/21-22) Expiring premium: $49,378 16.E.4.b Packet Pg. 1306 Attachment: Marketing Detail Letter (19987 : Approval of Liability, Automobile, & Other Insurance for FY 2022) Cyber Insurance – Indian Harbor Insurance Company 1. Policy limits and deductible have changed for renewal: a. Combined Aggregate limit is reduced from $10,000,000 to $5,000,000 b. The limit for Ransomware claims is reduced from $10,000,000 to $1,000,000 c. The self-insured retention is increased from $100,000 to $250,000 2. Annual premium: $167,720 Expiring premium: $76,000 3. The increase in premium and the reduction in coverage are due to the state of the Cyber Insurance market. This market has hardened significantly primarily because of the substantial increase in the number of ransomware incidents. 4. Options are available for consideration: a. Optional limits and deductibles: Option #1 Option #2 Option #3 Option #45 Option #5 Option $6 Premium $167,720 $155,121 $215,030 $216,227 $273,311 $144,121 Limit $5,000,000 $5,000,000 $5,000,000 $5,000,000 $5,000,000 $2,500,000 Retention $250,000 $500,000 $500,000 $1,000,000 $1,000,000 $250,000 Cyber Extortion, Ransomware Limit $1,000,000 $1,000,000 $2,500,000 $2,500,000 $5,000,000 $1,000,000 b. $5,000,000 Excess of $5,000,000 - Pending 5. Additional markets were approached for quotes: a. Risk Placement Services (the current broker) – all of these markets declined to quote because of the substantial increase in the number of ransomware incidents for the Public Entity class of business. 1) Beazley 2) Travelers 3) TMHCC 4) Chubb 5) ATB 6) Corvus 7) Coalition 16.E.4.b Packet Pg. 1307 Attachment: Marketing Detail Letter (19987 : Approval of Liability, Automobile, & Other Insurance for FY 2022) b. Underwriters at Lloyds via Assured Partners London – “Unfortunately the London market has taken a pause writing Municipalities currently due to a rising number of ransomware claims emanating from this sector”. c. Evolve MGA (Cyber MGA) – “Unfortunately, after reviewing this with our corporate team, this will have to be a decline due to the sheer size. When it comes to government entities, we have a strict appetite at the current moment, so despite the controls the Insured has in place, we will be unable to quote this”. Maritime Employer’s Liability – Atlantic Specialty Insurance Company 1. Policy limits and self-insured retentions remain the same as expiring. 2. Annual premium: $16,587 Expiring premium: $12,555 3. The increase is due to the hardened insurance marketplace. Excess Maritime Employer’s Liability – American Alternative Insurance Company 1. Policy limits and underlying coverages remain the same as expiring. 2. Annual premium: $19,268 Expiring premium: $17,031 Please let us know of any questions. Sincerely, William H. Kuhlman, CPCU Vice President Robert E. Thorngate, CPCU Senior Account Executive 16.E.4.b Packet Pg. 1308 Attachment: Marketing Detail Letter (19987 : Approval of Liability, Automobile, & Other Insurance for FY 2022)