Construction Companies Insurance Needs

Posted on June 23, 2023 by Marijana Dabic

Methods of design and construction are evolving quickly in a sector that builds everything from skyscrapers and airport terminals to underground rail links and housing. But these projects come with significant risks that need specialist insurance.

Construction still relies on manual labour but is increasingly supported by sophisticated technologies embedded into every operational stage. To navigate today’s evolving exposures, businesses require insurance that is designed specifically for their unique needs.

Design and construction

Disputes over the specifications of a project and whether the design, build and/or materials used differ from what was initially agreed upon can escalate quickly. Perhaps the wrong materials were used or the physical construction does not have the same dimensions as those stipulated in the plans.

Errors and omissions (E&O)

E&O insurance provides cover for the costs associated with defending claims for losses arising from such mistakes. Insurance can also cover withheld fees during these disputes.

If a construction company is held responsible for injuring somebody or damaging their property, even if it was accidental or unintentional, it may face a civil claim.

Technology

Computer-aided design, building information modelling and AI-powered generative design are now part of everyday operations for design and construction companies of all sizes. So too are project management systems and procurement platforms.

If platforms fail or generate incomplete, inaccurate or inappropriate designs and/or models, it can stall projects and lead to losses. Insurance protects construction businesses from such losses and provides the support to manage any associated reputational fallout.

Cyber

Cyber attacks can freeze supply chains and put projects on hold. What’s more, they come in many different forms, from ransomware to phishing scams known to con construction companies into making payments against fake invoices or even deceiving account departments into changing account details to false ones, operated by the criminals.

Since construction businesses make regular payments to a wide variety of suppliers, they are an attractive target for fraudsters.

When cyber events hit, responding fast will limit impact and losses. Cyber insurance enables this response, providing access to the required expertise to act quickly and effectively, as well as the financial support to cover the associated losses.

Intellectual property

Intellectual property sits at the heart of many construction businesses, from the project plans they create to the products they develop or use under license.

New companies might try to piggyback on an established business’s brand, by using a similar name, slogan or logo. It’s easy to get too close and infringe on a competitor’s intellectual property.

Insurance helps to provide the expertise and financial support to pursue infringement claims against others and also to defend claims if construction businesses find themselves accused of infringement. The right cover also provides financial support for legal fees and settlements.

Source: www.cfcunderwriting.com

What the Future Holds for Open Banking

Posted on May 25, 2023 by Marijana Dabic

Open banking is still in its infancy, yet it has the potential to reshape the banking industry on a global scale. To take full advantage, it’s important for financial institutions to understand the risks involved – as highlighted in new recommendations from the Joint Regulatory Oversight Committee.

As the world turns towards open banking – a term used to describe the use of open standards, technology and APIs that allow financial institutions to securely share customer data with third-party providers – consumers are set to benefit from a host of new product and service innovations.

But for institutions far and wide, open banking isn’t so much tearing up the rulebook as it is writing a second volume, with just chapter one complete.

The current state of play

As things stand, open banking is mostly unchartered territory. The US open banking ecosystem lacks the privacy rules afforded to consumers in the traditional banking industry, introducing a series of technical and privacy challenges which may be enough to dissuade firms from entering the market.

Meanwhile, the UK market is more structured. Open banking was initiated in 2017, following an investigation conducted by the Competition and Markets Authority into retail banking. This was followed by the Second Payment Services Directive passed in 2018, which made it mandatory for banks to share their database with third-party providers via APIs.

With tensions around privacy, competition and data portability still taking center stage, the UK’s Financial Conduct Authority (FCA) and the Payment Systems Regulator (PSR) acted as co-chairs of the Joint Regulatory Oversight Committee (JROC), to publish recommendations on its vision for the expansion of open banking in the UK. These recommendations not only shed light on the future of open banking in the UK, but they also show how other nations can enable open banking safely and successfully.

Laying the groundwork for success

With demand skyrocketing, open banking systems need to scale quickly if they’re to keep up. More than that, they need to become economically sustainable while remaining resilient, reliable and efficient. That’s no small task, so it’s no surprise the JROC recommendations state that strong regulatory direction is required to build an environment where a wealth of new products and services can emerge.

An open banking ecosystem depends on enhanced data sharing and collection. This encourages innovation and competition, but the ecosystem should also put protections in place if things go wrong. To mitigate the risks that come with open banking, financial institutions must understand the level of financial crime, their unique exposures and how to address them.

On top of the ecosystem and data sharing practices, the JROC is also set to prioritize payments. Creating a greater choice of payment methods would offer flexibility and more cost-effective alternatives to direct debits and card payments. The payments space needs a commercially sustainable model in place, along with the right dispute resolution processes.

Taking a proactive approach to risk

As new measures and infrastructure improvements are rolled out, we’ll see a fresh surge of product innovation in the FinTech market. This will lead to an increased use and reliance on open banking by consumers and businesses, resulting in a growth of total investment in open banking.

Open banking works as it empowers users to make better decisions about their finances through increased visibility of spending and financial health, while also making financial services more accessible. The JROC recommendations will lay the foundation for institutions to create new products and services. Both consumers and SMEs stand to gain from additional functionalities and the benefits of competition, including lower fees for payments and product innovation.

Source: www.cfcunderwriting.com

Does Cyber Insurance Cost Too Much?

Posted on April 27, 2023 by Marijana Dabic

We often hear that cost can make cyber insurance a non-starter for businesses. We get it; broad coverage comes at a price given the value of services provided with a policy these days.

So, CFC has listed below the 5 key reasons a cyber insurance policy, is worth the financial investment.

Cyber is a business’ largest exposure
We’re in a digital age and businesses no longer rely on paper trails and filing cabinets. This digital reliance has shifted a business’ assets from tangible to intangible, making them wildly accessible and opening even the smallest of businesses to a whole new era of risk.

Subsequently, most companies today state that cyber risk is in their top three, if not their number one business risk given their reliance on technology. Since the frequency of loss is that much greater for a cyber event than traditional perils, such as a fire – it makes sense that the cost of cyber insurance today will mirror a business’ largest exposure.

CFC has created a cyber risk heat map, which explains the varying levels by industry. Hint, nearly no business is safe!

Premiums are a fraction of the cost compared to a cyber claim
The price of cyber insurance may seem higher than expected given many still consider it a discretionary purchase, but when you compare the thousands, hundreds of thousands, or even millions in costs that cyberattacks can incur for business, it’s an easy decision to make.

And the severity of those claims continues to rise. According to the latest Coveware report, it’s been noted that fewer victims are paying ransomware demands, so threat actors are demanding more money to compensate for the lower hit rate, making individual claims more expensive.

This lower hit rate on ransomware has also meant hackers are pivoting back to previous attack techniques, with the likes of business email compromise attacks showing an increase of 147% across the second half of 2022 (for SME businesses).

A good cyber policy should offer proactive protection from attacks
At CFC, from the minute the policy is bound, their cyber security team works around the clock to protect businesses against cyber-attacks.

This is a proactive, protective service that identifies potential threats using insights from a variety of sources, including public and private threat intelligence feeds that go well beyond the usual outside-in scanning tools available to insurers. If a cyber security issue is found, their team will reach out through their Response app to work with a potentially compromised business, to eliminate the threat before it can cause harm.

To pay for this level of monitoring externally, a business would need multiple providers, all individually costing upwards of thousands every year. Whereas, all of this work is done for free, as part of the standalone CFC cyber policy, as well as expert incident response and recovery.

Expert incident response and recovery
One of the other critical elements of a cyber policy is the availability of in-house cyber incident response. At CFC, their team of cyber threat analysts, digital forensic specialists and incident responders, CFC Response, is available 24/7 to triage incidents, contain threats, and repair networks if a cyber incident occurs.

Cyber policies cover a lot
A good, stand-alone cyber policy, such as a CFC cyber policy, includes comprehensive coverage.

Many small businesses do not have access to enterprise-grade security teams, threat intelligence feeds that can inform them of whether they are listed on a threat actor’s target list, or access to a multi-disciplinary team of experts who know how to respond to cyber-attacks and compliment existing IT personnel.

Equally, should the worst happen, cyber insurance policies cover cyber incident response costs, including IT forensics, legal, breach notification and crisis communications to cybercrime costs that include social engineering, theft of personal funds and cyber extortion.

All told, this can cost anywhere from thousands to hundreds of thousands, and there is no limit to the range of support required during a cyber incident. CFC’s security team estimates that the average downtime following a ransomware attack can be up to 2-3 weeks, and that’s only with the expert assistance of a cyber incident response team provided by an insurer. With a broad policy, the insured can focus on getting their business back up and running, rather than worrying about what will and won’t be covered by their insurer.

It is estimated that that cyber-attacks will cost the globe $8 trillion dollars in 2023. Yet, we estimate, only less than 20% of businesses have taken out a cyber insurance policy as of today. Cyber insurers are not just there to step in after an attack has taken place, ready to pay the many external teams a business needed to pull in to recover.  Instead, coverage from a cyber insurer like CFC protects and prevents attacks on businesses from the minute they bind a policy.

Cyber insurance is not expensive, cyberattacks are. And with the right cyber insurance product, it should be the easiest purchase a business has ever made to cover its largest exposure.

Source: www.cfcunderwriting.com

Uncovering Liabilities for Canadian Physicians

Posted on March 31, 2023 by Marijana Dabic

Technology advancements have allowed the number of Canadian physicians providing remote care to skyrocket. This is great news for patients, but when faults arise, this can blur the lines as to who is responsible.

The increased usability and adoption of digital tools such as AI, telehealth and remote patient monitoring has been a complete game changer for the healthcare industry. Physicians can treat patients remotely, wherever they are, meaning less time, money, and stress.

Cover for physicians & surgeons by the Canadian Medical Protective Association (CMPA)

Physicians providing in-person care to patients residing in Canada are eligible for assistance from the Canadian Medical Protective Association (CMPA); which provides medico-legal advice and assistance.

If eligible for CMPA cover, there are no financial limits to the legal assistance given to members or to the damages paid to patients.

Where the lines blur

However, when conducting digital care, or via telehealth the lines begin to blur as to how the CMPA applies.

The CMPA cover does not generally extend to Canadian physicians residing abroad, and these members have previously found it difficult to find another suitable insurer to provide the professional liability cover they require.

Not having the necessary cover invalidates a member’s practice permit, creating an extremely serious issue.

The CMPA accepts that physicians or patients who are out of the country on a short-term basis need to engage with each other e.g., on holiday or during an emergency. But also states it is not set up to assist with medico-legal problems and legal actions that arise outside of Canada, or that result from care given outside of Canada.

In these situations, where a claim arises out of telehealth care given remotely, the CMPA will consider giving assistance, but on a case-by-case basis.

Non-Canadian residents who receive treatment also have to meet a multitude of criteria before the CMPA cover will respond.

This ambiguous cover leaves practitioners unclear as to the level of cover they have, and the help that is available to them.

Clarity in cover

As technological capabilities extend, exposures can increase, especially when care is given outside a practitioner’s jurisdiction. Healthcare providers will need to protect themselves in the event the CMPA coverage does not apply due to any of the above circumstances.

CFC can help to create peace of mind with the ‘wrap around’ intention of their digital healthcare form that encompasses anything which would traditionally fall outside the CMPA cover, with respect to telehealth. This provides comfort to physicians that wherever, and however, they deliver healthcare services they will be covered.

Understanding exactly when their liability cover will respond, and having confidence in the protection in place, will enable physicians to focus on treating their patients – wherever either party is located.

Source: www.cfcunderwriting.com

Top 3 Tech Exposures in Design and Construction

Posted on February 24, 2023 by Marijana Dabic

The construction industry is in the midst of a technological boom. It doesn’t matter whether you’re a large design build firm or a small artisan contractor, technology exposures – like software and cyber related errors, are becoming inescapable.

As the construction insurance industry continues to grasp this boom in tech, many insurers are neglecting the traditional construction errors and omissions (E&O) exposures in favour of technology E&O, and vice versa. CFC has looked into some top tech tools in the design and construction industry that may be more exposed than you think.

Software platforms

Construction software platforms, such as Procure or Autodesk are growing in popularity because they can solve a wide array of challenges like improving connectivity, project management, data collection and key processes all in one centralized place.

With this heavy reliance on technology, it’s important to also consider what happens if the platform fails. What happens if there’s an error in the platform software itself resulting in incorrect construction drawings being sent, or even a cyber breach resulting in loss of sensitive data?

Even a contractor using the software is not immune to these exposures. Disclaimers used by several major platforms deny liability for E&O as a result of their software. Providers are not often likely to leap to a construction manager’s defense if the platform fails, or if it is disrupted by a cyber-attack on your business.

Contractors can take some refuge by their insurance provider trying to rectify any damage caused to their project and reputation, or respond to an ongoing cyber breach in order to minimize further losses.

Generative design

Generative design utilizes artificial intelligence (AI) technologies to generate and explore multiple design options and to optimize project solutions. The AI learns what design elements work and what doesn’t using pre-set rules, parameters, and design preferences.

Generative design software is being used increasingly as part of the design build process. While human beings may still be involved in the sign-off processes for these AI-generated designs, the exposure to a business using a technology platform to create drawings in the first place will mean that anyone working with this software should have construction E&O in place. Broad coverage for technology errors should be included, otherwise they could risk technology claims falling through the gaps.

Modelling and virtual reality

While use of computer-aided design (CAD) and building information modelling (BIM) for construction dates back to the pre-2000s, digital visualization in construction is heading to new, complex heights. There are an increasing number of tools for contractors, construction engineers, planners, or safety personnel to plan and visualize construction activities. Some platforms enable project stakeholders to visually explore assets in full virtual reality (VR), even when still under construction.

The reality is though, whether it be CAD, BIM, or even VR, errors and costs can always occur, from an incorrect rendering of plans, to broken contractual clauses as a result of a data breach. A huge variety of construction personnel utilize 2D or 3D electronic renderings in some form or other and therefore, technology errors coverage is essential to take into consideration.

There are many more technological advances and investments being made in the construction industry today. 3D printing of building materials or even programmed robot constructors could be a common practice in the future. As well as the multitude of construction E&O exposures faced by the construction industry, they are also faced with growing technological and cyber event exposures too.

Source: www.cfcunderwriting.com