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HomeMy WebLinkAbout1985-02-19; City Council; 7657-2; Renewal of excess liability InsuranceCARLSBAD — AGEND^ILL AIM 76^7- •*£ MTfi 2/19/85 DFPT. PCH ' . TITLE: RENEWAL OF EXCESS LIABILITY' INSURANCEi , DFPT. HD.KT r|TY ATTY - CITY MGR._^ZeL*f OLU •Occ Q. Q. O1 _l O OO RECOMMENDED ACTION: Approve Resolution No. 79 / 7 ' authorizing the purchase of $900,000 excess liability insurance at an annual premium $66,858 from Planet Insurance Company. ITEM EXPLANATION , , -• " The City purchases liability insurance up to a limit of $20,000,000. Currently, the City self insures the first $50,000 and the first $950,000 coverage over .this self insured retention is provided by Twin City Fire Insurance Company. The remaining $19,000,000 excess liability insurance is provided by International Insurance Company. The Twin City Fire Insurance policy expires on March 16, 1985. ,--."' PRESENT COVERAGE Company City Self Insurance Twin Cities International Insurance Amount "of - Coverage $ 50,0'00 " 950,000 19'million $20 million Premium $30,760 38,330 '$69,090 Term 3/15/84-3/16/85 1/1/85- 1/1/86 Renewal of this Twin Cities policy has been extremely difficult under the , current adverse market conditions. Seven carriers were contacted, however, only two companies submitted quotations. Company Planet Insurance Planet Insurance xProtective National Self Insured Retention $ 50,000 100,000 . 100,000 ; Amount of Coverage $ 950,000 900,000 500,000 Premium $106,907 66,858 64,200 The premium savings between the $50,000 and $100,000 self insured retention level is $40,049., The additional cost to maintain a $50,000 self insured retention does not appear justified in light of the premium cost, the City's loss history, effective loss control program and cash flow advantages. PAGE 2. OF AB # PROPOSED COVERAGE Company City Self Insurance Planet Insurance International Insurance FISCAL IMPACT Amount of Coverage $ 100,000 900,000 19 million $20 million' Premium $ 66,858 38,330 $105,188 Term 3/-16/85-3/16/86 1/1/85-.1/1/86 An uncommitted balance of $603,998 is available in the City's liability self insurance fund to pay this premium and any losses within the self insured retention. EXHIBITS , 1. Resolution No. 79/7 -2-.; Memorandum from Risk Management Consultant dated February 8, 1985. •1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING PURCHASE OF EXCESS LIABILITY INSURANCE. WHEREAS, the City's Insurance Broker has received quotations for excess liability insurance; and WHEREAS, upon evaluation of the quotations received, the City desires to renew coverage in the amount of $900,000 excess over a $100,000 self insured retention. NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager is hereby authorized to execute a Purchase Order for the purchase of the City's excess liability insurance with Planet Insurance Company in the amount of $66,858. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 19th day of February ,1985, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None MARY H. 0ASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clterktr (SEAL) February 8, 1985 . TO: . CITY MANAGER FROM: Risk Management Consultant EXCESS LIABILITY INSURANCE MARCH 16, 1985 RENEWAL Excess liability insurance within the first $1 million of the City's liability program comes up for renewal on March 16th. Insurance extending protection from $1 million to $20 million has already been renewed effective January 1, 1985, and the purchase from International Insurance Company was approved by City Council at their meeting of December 18, 1984. The current, renewal is occurring at a time of a dramatic and continuing deterioration in insurance markets. Many companies have withdrawn entirely from municipal risks, and others are raising their rates up to 400%. This deterioration is affecting all commercial risks, but is particularly severe in the public,sector because of heavy losses and continuing uncertainly over the escalating effect of the "deep pocket" rule. PREMIUM HISTORY •; Since the inception of the self insurance program on Ouly 1, 1981 the following: premiums .have been paid for coverage up to $1 million: Term Self Insured Retention Premium 7-1-81/82 $100,000 $37,131 7-1-82 to 3-16-83 , 100,000 27,231 3-16-83/84 - 100,000 21,750 3-16-84/85/ , - 50,000 ' 30,760 MARKETING OF RENEWAL . Renewal quotations have been sought through the City broker, and a quotation was also requested from the San Diego County Cities Risk Management Authority. The City broker submitted a full application and specifications to seven insurance Carriers, the only carriers presently known to be entertaining municipal liability insurance. These were Planet, Protective National, First State, Twin City, Saint Paul, Industrial, and Chicago Insurance Company. Five of these, carriers refused to quote. No additional markets were available to the Risk Management Authority. The following three quotations were received: ,. . Company Planet (A+:XV admitted) Planet (A+:XV admitted) Protective National (A+:XI admitted) •SELF INSURED RETENTION Self Insured Retention $ 50,000 100,000 100,000 Amount of Coverage $ 950,000 900,000 500,000 Premium $106,907 66,858 64,200 The self insured retention is the amount of each loss plus outside investigative and defense costs which the City must pay for claims arising out of any one accident. Costs over the self insured retention are paid by the insurance carrier. It is clear that Planet Insurance Company has provided the better quotations, both with respect to financial stability in their rating (A+:XV is the highest rating afforded any company) and pricing. The choice is therefore between a $50,000 retention and a $100,000 retention. For the following reasons I am recommending the $100,000 level: • . 1. There is a difference in premiums of $40,000 between a $100,000 and a $50,000 SIR. This savings, when compounded by cash flow consideration and interest, would allow for payment of one catastrophe loss during the policy year 1985-86. An analysis of past experience shows that during the four years of the self insurance program, there were only two years when anticipated losses exceed $50,000. 2. A higher self insured retention gives the City greater control over the program, and avoids pressure being exerted on smaller claims by the insurance carrier to settle within our retention. 3. Until last year the City did carry a $100,000 retention, and current funding of the program is now fully adequate to support this level. COVERAGE MODIFICATIONS Although still providing broad general, automobile and errors and ommissions liability protection, the new program is subject to exclusions which should be noted: 1. Coverage is excluded for the Lake Calavera Dam.- The City broker is attempting to obtain a separate quotation for this protection, but alternative methods of handling this risk should be considered. These , liabilities are shared with the Water District which is responsible for maintaining the dam, and coverage could be more easily and economically obtained under a joint Insurance arrangement with the District. As another alternative, the risk could be eliminated by draining the lake, or even by disposing of the property since it forms no functioning part of the water system. . 2. There is no coverage for claims resulting from a failure to supply water. This again is a joint liability with the Water District, and could best be handled under a joint program. 3. As before, coverage for inverse condemnation is limited, although it now does provide some protection for defense costs. A-. Previously, protection provided for a stop loss of $250,000. This meant that if all losses paid in the,policy year exceeded $250,000, regardless of the number of self insured retentions applicable, the excess carrier would .take over payment. Stop loss coverage is no longer available, but this is ' not of great concern since the possibility of reaching any level approaching $250,000 is extremely remote. SAN DIEGO COUNTY CITIES RISK MANAGEMENT AUTHORITY Planet Insurance Company is the carrier used by the Authority and the same quotation could have been obtained through the Authority. The City Council, however, has already appointed the City broker as our exclusive agent, and obtaining,the quotation through his firm provided a number of advantages. T. Full membership in the Authority which would be required to obtain the quotation involves the payment of substantial membership dues. The additional services provided by the Authority are not necessarily required by this City. In addition, full membership is costly in terms of staff time, since it involves attendance at frequent lengthy meetings. 2. Full participation in the Authority programs could well eliminate the possibility of exploring alternatives in the future. It is wise for the City to maintain this option. 3. The City's current;brokerage contract places a ceiling of $10,000 on commissions payable in any one year. Standard commissions on this renewal alone would total $8,357 and would be subject to no modification and the arrangement with the Authority broker. RECOMMENDATIONS ' It would be my recommendation that the City should accept the quotation provided by Planet Insurance Company at the $100,000 self insurance retention at an annual.premium of $66,858. It would also be my strong recommendation that the City continue to work with the Costa Real Municipal Water District in an attempt to obtain,a solution to questions of joint liability. This is of particular concern in view of the coverage limitations in this renewal, and it should be remembered that any inadequacies.in their insurance program could result in a direct liability by the. City. A full analysis of their current program was contained in my report "of December 18, 1984. DON 3ACK D3/ds