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SR-10-28-1975-11B Santa Monica, California, October.l7, 1975 4 a ~. ~. a~~+ ' ~` ~- TO: Mayor and City Council ,~~~~,~ ~° ~)' ''~'~ ~r• m ~l ~'ss~~ FROM: City Staff QV ~ `~ ~ )~ "~ ,yy-~,~~w€_ SUBJECT: City's Excess Liability Insurance ~~3us~"~ `o ~"~ ~iiY CSErs t'a^ 6Ft~5~ F~7R FIk,4tiR. Introduction This report examines (1} the current method used by the City to place its liability insurance; (2) the effect of recent increases in the premium for this insurance; and (3) recommendations to examine the placement of City insur- ante, reduce the premium for the excess liability policy, and facilitate the administration of the City's insurance program. Background Present me+~od of obtaining City liability insurance--Since 1932 all of the City's liability insurance has been placed through the Independent Insurance Agents Association of Santa Monica, Inc> The Association, through an insurance committee, advises the City (and the School District) as to levels of coverage, seeks out insurance carriers willing and capable of insuring the City, solicits bids, evaluates the bids and submits the lowest and best bid to the City for its acceptance. The Independent Insurance Agents Association of Santa Monica is made up of the insurance agents. and brokers within the City who have direct access to a wide spectrum of insurance sources. The three-member Insurance Com- mittee of the Association is made up of Carl Tegner and Harvey Box, both To: Mayor and Council -2- October I7, 1g75 of Century Insurance and Service Agency, and Jerry McNees of White and Company (Mr. McNees is also President of the Independent Insurance Agents Association of Santa Monica). The commission on the premiums for the City's insurance :is distributed fifty percent to the Association, twenty-five percent to the agency placing the insurance, and twenty-five percent to the Insurance Committee Premium increase for excess liability policy--The City carries a compre- pensive excess liability policy with a maximum insured limit of $1, 000, 000, and, up until this point, with a $10, 000 deductible limit. The purpose for this policy is to provide the City with protection against successful claims against the City's liability up to $1, 000, 000.' The City had been self-insured for claims between $0 and the $10, 000 deductible. With respect to this excess liability insurance, the carrier (Reserve Insur- ante Company) informed the City 30 days before the anniversary date that the policy would not be renewed for the following year. Although the policy was written for three years in 1973 (which would have covered us until 1976), the insurance carrier took the option of cancelling the policy 30 days before the anniversary date of August 20 as provided in the policy. The City was first informed by the carrier and subsequently by the Insurance Agents Association representative. Needless to say, the City Staff was very con- cerned about the fact teat the Association was not aware-that this situation To: Mayor and City Council -3- October 17, 1975 might occur and should have provided more warning to the City. However, the Association's position is that the insurance agency cvho placed the policy did not receive any advance notice of the cancellation. As far as the agency was concerned, the insurance carrier was going to renew the policy at the existing ($15, I75) premium or at a slightly higher premium. The Associa- tion maintains that this is the first time in the history of the Association that a carrier has raised the premium on the second anniversary of a three- year policy. They state that policies have been cancelled or premiusn.s raised in the face of large claims against the carrier but never when supported by the almost claim-free experience such as the City has had (only one claim was paid by the insurance company in five years for $2, 500. 00). The Association went to work immediately to obtain an alternate carrier and called the City on August 28 to inform us that they had secured coverage and that the City would not be without liability insurance, As a result of the Association's selection process, they have recommended re-insuring with the same insurance carrier, but at a much higher rate, The Association states that they had to do considerable "arm-twisting" in order to get the carrier to re-insure the City even at the higher rates and that no other carrier was willing to issue a policy at close to these rates, The new rates for the $1, 000, 000 limit are: Deductible $ 10, 000 25, 000 50, 000 - 100, D00 200, 000 Premium $ 89, 500 70, 900 61, 000 52, 000 49, 000 To: Mayor and Council -4- October 17, 1975 Our present deductible is $10, 000 at an annual premium of $15, 175. This premium has remained the same for five years, If we were to select the same coverage with the same deductible, the $89, 500 premium would be 589% higher than the existing rate. Even the recommended $52, 000 rate is 342ofo higher than the present premium with a $100, 000 deductible. In addi- tion, the carrier is only willing to insure the City on a year-to-year basis rather than providing multi-year coverage. The Staff and the City Attorney met with the Insurance Committee on Octo- ber 7 to review the situation described above. In summary, several courses of action are available with short and long-run consequences, Alternatives Short-Run L Advise the Insurance Committee to search for other carriers for the same coverage at a lower premium. The Insurance Committee claims to have already diligently pursued this alternative and that no other carrier is willing to provide the current level of excess liability coverage at anywhere close to the price quoted by Reserve Insurance Company for continuing the policy. The next lowest quo- tation was $90, 000 fora $Z5, 000 deductible, compared to $70, 900 for the same deductible with Reserve Insurance Company. The Committee also advised that the carrier may again exercise its option to cancel the policy and the City would be either (a) without excess liability insurance during its search for another carrier; or (b) required to pay an inordinately high premium for interim coverage during its search for coverage--a search that might prove fruitless. 2. Advise the Insurance Committee to extend the excess liability insur- ance coverage with the existing carrier for aone-year premium of $52, 000, In making this latter recommendation, the Staff realizes To: Mayor and Council -5- October I7, 1975 that the deductible amount increases from $lA, 000 to $100, 000 and, therefore, subjects the Gity to higher risks. However, the City Attorney maintains, based on actual experience of the last five years, that this is not an unreasonable risk for the City to assume.- During the past five years the City has paid only one claim over the $10, 000 deductible. In that claim the amount was $12, 500, so the insurance carrier paid only $2, 500. This short-run alternative would require additional funds in the amount of $37, 000 be appropriated from unap- propriated reserves to pay the increased premium. 3. Request the insurance Committee and the Staff to review the one million dollar limit on the current policy as to whether or not this is adequate coverage and provide a quotation of premiums within three weeks. Long-Run 1. Expiration dates of policies--In order to budget for premium increases, all liability policies should expire on May 15 of each year tivith pre- mium increase notice to be sent to the City by April 15 of each year. Premium increases, if any, could therefore be included in the pro- posed budget and premiums paid on July 1 when the budget is in effect. In the present case of the excess liability policy discussed above, the City could not adequately predict the premium increase; hence, the necessity for the appropriations request. 2. Increased deductible--In addition, as of June 1975, the reserves in the self-insurance fiend were $208, 850. The Staff feels that reserves have been built up to provide adequate claim payment coverage barring a major catastrophy. Further, the City. Attorney maintains that a law- . suit in excess of $100, 000 would take more than a year to adjudicate, and because of this fact, the Council would have adequate time to budget for the expenditure should the occasion arise. On the other hand, retention of the $10, 000 deductible would result in the higher premium of $89, 500 per year. 3. Insurance Placement Method--The Staff recommends a reexamination of the City's method of obtaining insurance. Preliminary contact with other cities using Local insurance associations such as we do indicate a general movement away from placing all insurance with such associa- tions. The general feeling by other cities is that the area of municipal insurance underwriting has become so limited that it is not necessary for local associations to do much "shopping" for carriers since there To: 2dayor and City Council -6- October 17, 1975 f' iFi,_~y \1 are a relatively few firms offering municipal liability insurance. ~'"°J `l There appears to be two other insurance placement alternatives worth exploring: (a) Contracting with a professional insurance consulting firm not authorized to sell insuraace, to locate carriers willing to provide for the City's liability insurance needs; (b} to •exnploy an insurance professional on the City staff to locate such carriers, whose salary would be offset bg savings in premium dollars achieved through a comprehensive risk management program. The alternative to this recommendation is to continue the present method of placing the Gity liability insurance without studying other methods, 4. Depooling poor risk cities--The City Attorney's office suggests that efforts be made to eliminate poor risk cities from the liability insur- ance pool, thus creating a separate pool for cities with "good" insur- ance experience (low dollar value of claims paid). This is a long- term program and will require participation by many cities. This alternative is being pursued by the League of California Cities and it is suggested that Santa Monica participate in this and similar efforts to reduce premiums. The long-term result of this recommendation is that carriers dealing with "good" risk cities would have a lower loss ratio (ratio. of dollar value of claims paid to premium dollar col- lected) which should result in lower premiums. Recommendation It is recommended that: '~,,. 1. Theme Ca-fy~ncrease the deductible on the excess liability policy from $lo, o0o to $loo, 0003 2. Thy 6ouirc'ilppropriate $37, 000 from unappropriated reserves to Account #O1-8274-302 to pay for the increase in premium for the excess liability policy recommended by the Fnsurance Committee (Reserve Insurance Company 3. `~he policy expiration dates be changed to May 15 of each year to facilitate budgeting for premium increases, if any; To: Mayor and City Council -7- October 17, 1975 4. ~ he Staff review alternative methods of placing the City's liability. insurance and report back to the Council within ninety (90) days~`:cLu.r9,Z~~(I 5. ~`he City Attorney's office be directed to cooperate with other cities, the League of California Cities and the insurance industry in efforts to reduce premiums for those cities with comprehensive risk manage- ment programs. Prepared by: Ralph Wilson David P. Dolter Richard Knickerbocker DPD: j s