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Category Archives: Insurance

Product Recall Lessons from Big Brands

Nestlé, Clorox and Unilever all made headlines due to recall incidents. What are some key takeaways for small businesses?

Product recall events can span across a wide range of industries due to errors in processing, contaminated ingredients, faulty machinery or accidental human errors. In the last month alone, we’ve seen no less than three high profile food and beverage and consumer goods recall incidents from leading global brands.

Less than a week ago, Nestlé USA issued a recall on its chocolate chip cookie dough over potential presence of foreign material in the form of soft plastic film within the product. This comes less than a month after a recall of the fudge flavor cookie dough for another foreign body issue.

In the same month, British multinational consumer brand Unilever recalled 19 aerosol dry shampoos from brands including TRESemme, Suave and Dove. This was due to elevated levels of benzene – a chemical that can cause leukemia and blood cancers through skin contact.

Clorox similarly recalled 37 million units of scented surface cleaners and all-purpose cleaners containing bacteria which could pose a risk of infection for people with weakened immune systems. Customers were asked to apply for a reimbursement online.

All manufacturers have product recall exposures, and multinational corporations like Nestlé and Unilever are no strangers to recall incidents. In fact, product recall incidents are more common than not. In Q1 of 2022, the US hit a 10-year record high with over 900 million units of recalled goods across all industries. Studies show both frequency and severity of recalls are on the rise due to the ongoing supply chain issues and cost of living crisis.

It’s important to keep in mind that recall costs – such as the cost of getting the goods off shelves or back from customers – only make up a small percentage of the average loss. When an error or fault is discovered during production, investigations must take place to determine the reason.

Ultimately, recalls of any kind impact cash flow. Smaller businesses often have less financial leverage and are therefore more vulnerable to damage to brand reputation and loss of sales. In many cases, there will also be rectification costs to re-manufacture the products, clean down and repair of the production lines, and re-design the manufacturing process.

They can be one step closer to preventing a crisis by creating recall plans, crisis management plans and conducting mock recalls that are well laid out and frequently tested and ensuring business continuity and balance sheet protection with a product recall policy.

Source: www.cfcunderwriting.com


Avoiding the Underinsurance Surprise

We thought we’d share an excerpt from an IRMI (International Risk Management Institute) publication in the US on underinsurance.  We have noticed the same troubling trend of underinsurance resulting in hefty co-insurance penalties here in Canada.

Author: Ann Rudd Hickman, CPCU, CRIS, ARM, Assistant Vice President, Editorial, IRMI

Over the past 2 years, supply chain disruptions, an ongoing labor shortage, and the war in Ukraine have driven steep increases in the cost of goods and services, including the cost of construction. Last month, we examined the impact of these realities on builders risk insurance, but risk managers must consider the effects of inflation on other coverages as well.

The most obvious question is whether the limits of insurance are still adequate. For property insurance, an estimate of the cost to repair or replace damage to real and personal property is needed to answer this question. Insurance companies have tools for calculating replacement cost, but these are typically only used at renewal and so may not account for inflation during the policy period. For liability insurance, damages incurred by third parties will be equally impacted by inflation; therefore, liability limits should be adjusted to reflect the likelihood of higher awards.

Another potential risk associated with inflation is that coinsurance penalties in a property policy may be triggered. A coinsurance provision reduces the insurance recovery on a claim if the property is not insured to a stated percentage of value at the time of the loss. (The risk of a coinsurance penalty can be eliminated by incorporating an agreed value provision.)

Find more tips for ensuring your policies are protected against the impact of inflation by clicking here.


Intro to FinTech Insurance

Digital innovation is transforming financial services across the world. New technology and distribution methods are offering customers faster, individually tailored and more accessible financial products.

The insurance industry is on the cusp of a more modernized approach for FinTech businesses. It is now crucial for brokers to advise clients on potential pitfalls in standard insurance policies and source policies tailored to their unique needs.

In the intro you will learn:

What is FinTech?
FinTechs are technology-led financial services companies which provide consumers and businesses with innovative tools and products to manage and control their money, whether it be app-based banking, digital lending, investment platforms, trading platforms or money transfer services.

The need for bespoke insurance
Understanding the unique exposures faced by FinTech businesses as they continue to innovate is key to ensuring the right coverage.

Key exposures for FinTech
FinTech businesses have a unique combination of exposures that don’t fit the typical financial institution (FI). These risks include the ever-evolving regulatory environment, technology failure, cybercrime and more.

Claims examples
A few claims examples involving theft of funds, technology failure, sub-contractor vicarious liability, IP infringement and more.

Click here to request the Intro to FinTech Insurance guide.

Source: www.cfcunderwriting.com


Media Insurance Myths Debunked

Media liability insurance protects businesses against lawsuits brought against them for defamation, intellectual property infringement and breach of confidentiality. Insurance is imperative to cover these wide range of common risks in the media and entertainment industry.

My general liability policy will cover me for media liability claims
The majority of general liability (GL) policies will contain a specific exclusion for defamation and intellectual property (IP) infringement. A typical GL policy will cover bodily injury or property damage due to the insured’s alleged negligence, not for claims arising out of the content they create or disseminate. CFC’s media liability policy offers defamation and IP protection for content creators.

Only commercial entities have an exposure to media liability claims
Any individual with a public profile creating and/or posting content in the public domain has an exposure to defamation, IP infringement and breach of confidentiality. The news is full of examples of celebrities and high-profile individuals being sued for what they say online. CFC’s media liability policy offers protection against all of these exposures.

It’s impossible for us to be infringing on anyone’s IP when we came up with the original idea
It may be true that a business developed an idea from scratch, however, many projects include the use of third party owned IP, such as music or photographs. If you don’t have robust procedures for licensing in content, or even inadvertently make an error with the license owner or fees payable, you could be infringing on IP. Even when third party owned content is not used, it is extremely difficult to comprehensively guarantee your artwork or project is not infringing on another’s IP. CFC’s claims team have extensive experience in handling such IP issues, providing you with peace of mind in the event of a claim.

I have a longstanding relationship with my clients so they won’t sue me if I miss a deadline or cause a copyright infringement issue
Unfortunately, a longstanding relationship does not stop clients from bringing lawsuits against you, especially if they are being sued themselves by a third party for an infringement or defamation issue because you have created the content in question. It is important to protect yourself against both breach of contract, issues as well as media liability claims.

I would never breach an NDA so I don’t have to worry about having a breach of confidence claim or invasion of privacy claim brought against me
An inadvertent verbal slip to someone, a publication catching wind of your work, or accidentally exposing sources can all lead to claims. Particularly for publishing or broadcasting companies, portraying a source or subject in a way that person is offended by could land you in litigation. CFC’s media liability policy does not sub-limit defense costs, and options are available for costs in addition coverage

CFC’s media liability policy offers relevant cover for businesses and individual operating in the media and entertainment industry. Cover includes IP infringement and defamation, breach of contract, contingent bodily injury or property damage and sub contractors’ vicarious liability. CFC can also package cyber liability and commercial general liability into their media package to provide a comprehensive solution. Make sure your clients have the right cover in place!

Source: www.cfcunderwriting.com


Strategies for Navigating a Hard Market

In the insurance industry, the term “hard market” describes the market cycle, when premiums increase, coverage and capacity for many types of insurance decreases. A hard market can be caused by a number of factors, including:

  • falling investment returns for insurers
  • increases in frequency or severity of losses
  • and regulatory intervention deemed to be against the interests of insurers

IRMI Research Analysts have been tracking the ebbs and flows of the market cycle for more than 30 years. What are the trends?

We had an extremely hard market in the mid-1980s that moderated into an extended soft market in 1987 that lasted to 2000 and then turned to a full-fledged hard market following the terrorist attack in September 2001. Improved insurance results and financial performance resulted in a return to a soft market in 2004 that bottomed out in 2013 and remained relatively stable through 2018. In 2019, we entered the current hard market, and it is the toughest market buyers have seen since the mid-1980s.

As you can see, for the past 3 decades, the industry has experienced extended soft markets lasting roughly 10 years followed by hard markets with durations of about 3 years. If this cycle holds true, the market should begin to soften sometime in 2022 or 2023. Only time will tell when it will actually occur.

In the September 2021 issue of The Risk Report, we reported that, while brokers do see signs that price increases are beginning to level off for some lines of insurance and customer segments, the global market continues to harden for most lines and regions. Our message to risk managers is that 2022 will present another challenging renewal cycle and you should be investing in your risk management programs.

IRMI has compiled a checklist of 16 proactive strategies you can put into action to help mitigate the effects of a hard market. Implement these best practices at your company—or share
them with your clients—to present your organization to insurers in the most favorable light possible, and anticipate and plan for possible setbacks in coverage terms, limits, deductibles, and pricing.

Please click here to access the checklist.

Source: www.irmi.com


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