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GAZETTE

SEPTEMBER 1989

Insurance Consultancy

and Risk Management

The role of the Insurance Con-

sultant may best be considered

under the following headings:

1. Consultation regarding cover.

2. Risk Management.

3. Consultation regarding claims.

No one would hand over the keys

of their home, shop, or factory to

the first one who comes along and

offers to look after it, for the

cheapest price. First of all, he would

need to know a great deal more

about the offerer - his integrity,

expertise and qualifications for the

job. Yet, every day, people hand

over responsibility for their assets,

sometimes running into millions of

pounds, to Brokers or Insurance

Companies w i t h t he lowest

quotations. The true value of

insurance cover is only known

when the claim arises. With most

commodities you get what you pay

for - that does not necessarily

apply to insurance where you may

not get what you thought you paid

for. The vital rule when buying

insurance is -

If the cover is not

edequete - the price does not

metter.

Eighty percent of commercial

insurances in this country are

arranged by insurance brokers.

Many of these firms, particularly

those who are members of the

Corporation of Insurance Brokers of

Ireland or the National Insurance

Brokers Association, are highly

reputable and provide an efficient

service. Member f i rms must

maintain professional indemnity

insurance and produce Solvency

Certificates each year. Until the

legislation currently before the

Oireachtas is passed, there is

nothing to stop anyone describing

himself as an insurance broker. No

professional indemnity insurance is

necessary, no level of expertise

required and, very often, little to be

had. If the current Bill passes

through the Oireachtas in its

present form, many of these firms

may be forced to become agents,

from whom a relatively low level of

expertise will be required.

A policyholder wishing to obtain

a second opinion may engage the

services of a consultant who will:-

1. Examine all existing insurance

contracts and visit all premises

concerned.

2. Seek any additional information

necessary e.g. the value of

stocks at risk.

by

PEARSE KILCULLEN*

3. Advise on the scope of cover

he considers the policyholder

should have.

4. Identify present inadequacies

in cover.

5. Suggest that professional re-

instatement valuations for

buildings be obtained and

updated annually.

6. If thought necessary, recom-

mend different insurers.

7. If thought necessary, recom-

mend change of brokers.

8. Examine the circumstances

leading up to the contract to try

to identify and rectify any

possible lack of disclosure

which could give rise to serious

problems at the claims stage.

9. Identify material risk alterations

not advised to insurers -

rectify the contractual position

and alert the policyholder for

the future.

10. Examine the possibility of

losses arising due to computers

being accessed by unauthor-

ised persons.

11. Suggest ways in which cover

may be arranged for new kinds

of losses. If the policyholder is

one who makes or supplies a

product that can be consumed,

inhaled or applied to the skin -

he may be advised to arrange

Malicious Product Tamper

insurance. This new form of

cover has been designed to

indemnify a manufacturer for

the cost of recalling a product,

including inventory destruction,

lost profits, business inter-

ruption, product rehabilitation

and consequential loss. The

recall of

Tylenol Extra Strength

in the U.S. in 1982, after

contamination resulting in

seven deaths, cost US$100m,

with loss of sales amounting to

US$400m. The significant

thing about this loss was the

fact that the Courts held that

the cost of recall or sales losses

did not fall within the scope of

the Products Liability policy in

force.

The consultant will not advise on

price - that is the broker's job. He

will recommend that all insurances

be placed by reputable brokers.

Risk Management

In a large commercial concern the

cost of claims controls the cost of

insurance. In recent years we have

seen some Employers' and Public

Liability premiums increase tenfold

in one year - an enormous burden

for industry, particularly, if com-

peting overseas. This has led to the

growth of Risk Management which

is the art of working with manage-

ment to protect company assets

and control or eliminate losses. It is

relatively new in this country and

only of interest to the larger

industrial concerns.

The consultant would seek to

introduce the f o l l ow i ng pro-

cedures:-

1. A major disaster plan.

2. A planned programme of

accident/fire prevention under

*Managing Director of J. P.

Kilcullen & Co. Ltd., Insurance

Consultants and Risk Managers,

Blackrock, Co. Dublin.

245