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Agenda 09/10/2024 Item #16E6 (Approve the purchase of liability, automobile, cyber, and other miscellaneous insurance coverage for FY2025 in the estimated premium of $1,116,001,99)16.E.6 09/ 10/2024 EXECUTIVE SUMMARY Recommendation to approve the purchase of liability, automobile, cyber, and other miscellaneous insurance coverage for FY 2025 in the estimated premium of $1,116,001.99. 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, the Risk Management Division administers Fund 5016 (Property & Casualty Insurance Fund) to finance its Property and Casualty Insurance Program. Claims are administered by Davies North America. Brown & Brown is the County's contracted broker of record. 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, 2024. For the FY 2025 renewal, a Coverage & Premium Comparison 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 6.85% or $71,523.70. This increase is due primarily to an increase in ratable exposures as reported in the application to the underwriters. However, because the County prepaid the pollution insurance policy in FY 2024 for a three-year term, the overall payment decrease by 8.08% or $98,128.02 in FY 2025. • The property insurance policy renews on April 1, 2025, 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. • The County rejects the option to purchase uninsured motorist insurance. All carriers hold a Best's financial rating of "A, Superior" or higher. FISCAL IMPACT: The estimated annual premium excluding the pollution insurance coverage is $1,116,001.99 as outlined in the Coverage & Premium Comparison sheet. Sufficient funds have been budgeted within Fund 5016 (Property & Casualty Insurance Fund) for this purchase. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To approve the purchase of insurance coverage as outlined in the Coverage & Premium Comparison sheet, effective October 1, 2024, and authorize the County Manager or designee to complete and execute the applications, legal counsel engagement letter as required by the cyber insurance carrier, or other documents necessary to bind coverage and services. Prepared by: Michael K. Quigley, RMPE, Director, Risk Management Division Packet Pg. 1453 16.E.6 09/ 10/2024 ATTACHMENT(S) 1. FY 2025 Renewal Summary and Premium Comparison (PDF) 2. Collier 10-1 Casualty Executive Summary 24-25(PDF) Packet Pg. 1454 16.E.6 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.6 Doc ID: 29803 Item Summary: Recommendation to approve the purchase of liability, automobile, cyber, and other miscellaneous insurance coverage for Fiscal Year 2025 in the estimated premium of $1,116,001.99. Meeting Date: 09/10/2024 Prepared by: Title: Manager, Risk Finance — Risk Management Name: Greily Gonzalez 08/26/2024 1:52 PM Submitted by: Title: Risk Management Director — Risk Management Name: Michael Quigley 08/26/2024 1:52 PM Approved By: Review: Risk Management Corporate Business Operations County Attorney's Office Office of Management and Budget Office of Management and Budget County Manager's Office Board of County Commissioners Michael Quigley Director Review Kenneth Kovensky Corporate Business Operations Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Debra Windsor Level 3 OMB Gatekeeper Review Blanca Aquino Luque OMB Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 08/26/2024 1:58 PM Completed 09/03/2024 2:27 PM Completed 09/03/2024 2:44 PM Completed 09/04/2024 8:58 AM Completed 09/04/2024 11:26 AM Completed 09/04/2024 11:33 AM 09/10/2024 9:00 AM Packet Pg. 1455 q u.i T aseLpind o} 1enoiddd : EOOR) uosiaeduaoo wnivaaJd pue AjewwnS lemoueN SZOZ k=l :;uauayoejjv a c O N m CQ C 0 u C E d L a 06 d cm m O U H N a o aoo a tE aEm E„Eom oD. rn Eo9EGa - 'm Em %--=om w E� 0 m m _ n d a E$ o e 0oo.� 4 00o a` N r o � Ili � N r oyNyW O~ NnoOf o r W o c o O1 t�,., NN C. p �6 yNyW Ill fomR m y000.O+i m ' c oo - w ,� - mo 0o r� N W a o E" E" m E" m o M° E N° `� n d E �' E cO E o E tD o E v `o y 0 t N w M n - �' d cO w w N w N w J '2 cM r C wl r N W m tG O O G ^ O o G N O G O O G O N Q O O 6 Z w V i0 m N nW nN N x x Q a a -6 a 9 V 0 0 0000 0 0 0o o S 88888 O O $$$$ O O- J uoi voi voi o 0 0 0 m a a o0 o 0 0 0 0 o c m U N Q a a w o o m o m ri w F» <» <» <» <» E E ° O u3 u3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0» o o 0 0 o o o 088 0 0 O O 888 o o 0 0 o o 0 o 0 o - CO N 0 0 o 0 X W N k W N N 0 0 0 O O o 0 G w W Q N G W m O o 0 o w woo rn rn w E o 0 J o 0 C C j Z W o O O O U ° O U p o K M O 0 om _ 16 Q o =- o >+ N m b Y r Z = d QC G N N a N O 2 `o Y V 0 a o o o o q o d z o o o o 0 '° O J 0 0 d a C IL NO w _ U y a o W LL O Z N O w d .n - - vi 0 0 0 0 0 0 0 0 o o 0 0 W 0 y N O C O O O fVW O O G O O O O O O O O N 'R Ci 3> WN Q� 0 O O O O O O v v Lf. 7 li N \ \ N N N 6 \O C L O O W O ow O M O.N o u 0 « j m C i _ c X J N N m J = T C `d O o '6 r Yl c O E a O t N n w> N m " E U U i. m E U N 'x o a C° NI d W N 0 d y .� o E O > Q vo O W o 0 a a. o o an d o da c c Yy = 2 LLJ _ y W Qoo m E m c v v d �j u m �O o m m > A N 10 ¢ U :.% c m 10a m—a >U ° U W w m m a E� lL O c'a N a0. 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E Z d 'w a .ai E 2 o, m m o y v Q m' `o- c J ° y¢ `0 2• y o 2• W w 3 y - ow o d a w m e n d m o ` m c w o. m `o J a v¢ m :: E '- o ° " in o o -o N m E '° w p_ i. o - 0' ce3 ` '�'^ d o' ` C a`� o' J w w' 3 W m ox0 ac o d w `0 S d a d'e my a - ¢ a 9 `o N- T w c o m o o t E N E LL LL a ci a' v o a N d T :� c` 3 "O ryi Q N o° r S d N t y S N d t 0 F d C 41 o a a° a° w z° > of j Q F Q S- ii Q- LL O I 16.E.6.b I Brown & Brown Collier County Board of County Commissioners, et al Executive Summary—10/1/24-25 Insurance Renewals Excess Casualty, Cyber, Crime, Terrorism liability/Active Shooter, Pollution, Maritime, AD&D Insurance Renewal Program Difference LINE OF COVERAGE ANNUAL PREMIUM* RECOMMENDED** $ PROGRAM PREMIUM Excess Casualty Package $728,974.00 $817,713.00 $88,739.00 I 12.17% Cyber Liability: $168,000.00 $187,000.00 $19,000.00 11.31% Excess Crime: $9,118.29* $9,216.99* $98.70 1.08% Terrorism Liability & Sabotage/Active $75,056.00 $76,500.00 $1,444.00 1.92% Shooter: Maritime Employers $19,250.00 Not Renewing ($19,250) (100%) Liability AD&D First Responders $19,080.00 $572.00 ($18,508.00) (97.00%) Statutory TOTAL PREMIUM* $1,019,478.29 $1,091,001.99 1 $71,523.70 1 7.02% Pollution Liability (3-Year 2023-2026 2023-2026 Term prepaid in 2023 ) $169,651.72 1 Pre -Paid on 10/1/2023 * 2023/2024 Premiums include any applicable fees and are per the approved board agenda summary **2024-2025 Premiums include Recommended coverage options, which include program enhancements. Financial Results ➢ Exposure Increase in Revenues: 6.53% ➢ Exposure Increase in Payroll: 3.60% ➢ Overall 7.02% increase, which includes enhanced deductible structure on Cyber Liability 1 1 P a g e As of 812212024 Packet Pg. 1458 1 I 16.E.6.b I Insurance Marketing Summary 10/1/2024-2025 ExcessPackage Quoted 9% rate increase due to claims activity, with 3% Princeton Excess & Surplus Lines Ins. Co.* payroll increase. Will not consider underwriting without Excess Workers Safety National Compensation. Submitted; indicated potentially favorable premium, but Ambridge declined due to coverage deficiencies compared to incumbent program, including Crime, APD/Equipment, and Raceway limitation. Submitted; indicated favorable premium, but did not Berkely pursue to formal quote due to significant coverage deficiencies compared to incumbent program, including APD/Equipment, and special endorsements. Allied Public Risk Minimum SIR - $1M Hudson Minimum SIR - $1M . - Indian Harbor Ins. Co./ AXA XL* Quoted retention options Quote Received with deductible options; recommended Starr Indemnity option is to decrease retention. NOTE: Coverage details are exempt from Public Record per HB7057. RECOMMENDED AIG Declined to offer terms Allmerica Financial Benefits Ins. Co. / Quoted —Incumbent Hanover* Full marketing in 2022 — no markets could compete with Hanover Lloyds of London / Hiscox* Lloyd's of London / Beazley/MacDuff McGowan Programs Quoted - Incumbent Quoted — 2 separate policies - RECOMMENDED Approached in 2023, quote not competitive 2 1 P a g e As of 812212024 Packet Pg. 1459 1 I 16.E.6.b I *Denotes Incumbent 3 1 P a g e As of 812212024 Packet Pg. 1460 1 I 16.E.6.b I Insurance Market Conditions Casualty 12024 Liability Market General liability insurance continues to face a challenging market. Premiums have increased steadily, with 25 consecutive quarters of rate increases. Increased claims severity, higher litigation costs and economic inflation drive this trend. Underwriting capacity has decreased, causing carriers to become more selective in their underwriting criteria. In addition to traditional exclusions, incorporating exclusions for PFA liability exposures (forever chemicals) is becoming standard. Insureds are experiencing rate fatigue and frustration with the continual increase in premiums and additional requirements from carriers. The market is expected to remain tight, with carriers focusing on risk management, higher retentions and loss prevention strategies to mitigate rising costs. Directors and Officers (D&O) rates have decreased while employment practice liability (EPL) claims have increased slightly. The errors and omissions (E&O) space is less soft than other lines, with minimal increases or flat rates, primarily driven by service exposures. EPL renewals depend on employment count changes and loss history. Premium and retention increases are generally flat to low single -digit increases on accounts with stable exposures and favorable loss history. Underwriters continue to focus on high wage earners and California employees, which can impact quoted terms. Biometric privacy remains a prominent issue that is influencing the market. Commercial Aut< The business auto insurance market is experiencing significant rate increases and reduced capacity. Carriers are grappling with higher claims costs driven by increased accident severity, medical cost inflation and rising repair costs of more sophisticated vehicle technologies. Nuclear verdict concerns, driver shortages, novice drivers and distracted driving all add to difficulties in the insurance industry's effort to maintain profitability and stability. This has led to a hardening market with stricter underwriting standards and higher premiums. Underwriting Scrutiny There is increased underwriting scrutiny surrounding internal controls related to Fiduciary Liability, Commercial Crime and Employment Practice Liability (EPL). Carriers are asking direct questions regarding an organization's controls and may require supplemental applications. 4 1 P a g e As of 812212024 Packet Pg. 1461 1 I 16.E.6.b I Commercial Crime Social engineering continues to be a significant driver for claims in the commercial crime space. Carriers are potentially willing to offer higher limits, including excess social engineering coverage in crime policies. The market remains flat, with exposure increases managed through retention adjustments. Impacts of Artificial Intelligence Rapidly evolving artificial intelligence (Al) technology continues to be uncharted territory, posing potential financial impacts or unforeseen exposures. Colorado recently passed the first regulatory bill for Al, which could lead to possible claims for those not responsibly and cautiously utilizing the tool. Public companies will likely face the brunt of the impact, with Al disclosures increasingly scrutinized. 5 1 P a g e As of 812212024 Packet Pg. 1462 1 I 16.E.6.b I Insurance Market Conditions CYBER RISK 12024 Rate Trends The cyber insurance market continues to experience downward pressure on rates, averaging flat to 10% reduction, with significant variations based on size, industry and controls. Increased competition from new and returning carriers drives broader coverage, lower retentions and higher limits. Traditional markets, facing competition from insure-techs, are adjusting pricing to grow in small and middle markets and competition on layered programs is driving down excess pricing. There is concern that the continued elevated claims activity may cause broad market - wide rate increases and more challenging market conditions as we look to the second half of 2024 and the first half of 2025. Carrier Appetite Most carrier appetites remain broad, although specific industries face difficulties due to outside political or economic factors. Newer environmental, social and governance (ESG) concerns, such as coal or nonrenewable energy, affect utility companies and producers of vice products like tobacco and alcohol. These pressures may extend to other industries in the future. On large accounts with significant premiums, carriers are more willing to increase limits from $5M to $10M. For small to middle -market businesses, carriers typically maintain $5M limits. Nonetheless, underwriting standards are still high, causing greater competition for buyers with a strong security posture. Claims & Coverage Limitations Carriers continue to raise questions about catastrophic losses, with many releasing new language limiting war coverage. These changes are driven, in part, by reinsurance restrictions. Many carriers will complete their reinsurance renewals on July 1, when we may see a renewed emphasis on specific risk areas. Professional services, education and manufacturing sector policies continue to be the most impacted by cyber events, with a high frequency of business email compromise, ransomware and cybercrime claims. Carriers are concerned about privacy - related incidents, particularly those resulting from violations of the Biometric Information Privacy Act (BIPA) and tracking technology non-compliance. While the immediate effect of new SEC cyber guidance appears limited to directors' and officers' liability policies, some predict the SEC requirement to report cyber incidents publicly will increase the frequency of class action lawsuits. The industry continues to monitor the implications of artificial intelligence and how to protect sensitive data disclosed via chatbots. 6 1 P a g e As of 812212024 Packet Pg. 1463 1