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News

Willis Press Release

31-01-2012

11 January 2012

In response to Mactavish research, Willis UK & Ireland have launched the Willis Client Academy, a series of free training workshops aimed at supporting insurance buyers across the UK. The Mactavish Corporate Risk and Research Report, released in March 2011 identified serious deficiencies in the insurance placement process which pose a real threat to UK businesses. The Willis Client Academy aims to mitigate this threat by helping insurance buyers develop confidence and expertise in key areas of risk and insurance, enabling them to manage their businesses’ risks and insurance programmes more effectively.

Captive Review, Placement Reform - implications for captive managers, Rob Smart

31-01-2012

“In November’s Captive Review, Mactavish Research Director Rob Smart argues that captive managers are ideally positioned to demand much-needed improvements in the insurance placement process. While a wealth of evidence suggests most companies are being left exposed by an inadequate placement process, running a captive gives a cadre of sophisticated buyers the information and opportunity to be at the forefront of driving positive change, and to be more demanding customers of the insurers and brokers arranging the programme beyond the captive’s borders.”

FT NEDC, Businesses exposed to costly failings in insurance protection, Bruce Hepburn

31-01-2012

“Mactavish CEO Bruce Hepburn, writing for the FT Non-Executive Directors’ Club, highlights the potentially critical value of insurance to businesses and the inadequacy of the corporate insurance placement process. Insurance remains an undervalued asset despite subsuming up to 10 per cent of net profits and serving as a vital form of contingent capital in the case of severe losses. Mactavish research revealed an unwarranted complacency of many Boards regarding the reliability of claims payments alongside a limited understanding of insurance law. Reform of the placement process and more active governance of insurance arrangements are required to ensure policies respond when needed.”

(This article was first published by the Financial Times Non-Executive Directors’ Club -  www.non-execs.com)

BLM video response to Mactavish report

31-01-2012

12 January 2012

In this webcast, Berrymans Lace Mawer LLP (BLM) partner Helen Grimberg provides a summary of the Mactavish report – Corporate Risk and Insurance: the case for placement reform. She discusses the proposed reforms and explains how the report makes excellent use of research interviews with insurance buyers, brokers and underwriters. You can read more and view the webcast here.

New Mactavish/PwC report published

14-03-2011

Corporate Risk & Insurance: The Case for Placement Reform was released on Monday 14 March. The Financial Times and several other media outlets, including The Independent and The Times of London, ran stories on the report.

Over the course of the past two years we have conducted over 600 consultations with policyholders, interviewed over 100 leading insurance industry leaders and analysed more than 100 market submissions. This authoritative study has enabled us to dig down deeply into how risks are transferred to the insurance market.

We believe we have uncovered major flaws in how corporate insurance is arranged. These flaws pose a real threat to UK firms, far greater than any business we talked to acknowledges. The report also exposes serious failings on the part of Boards of British businesses to properly govern their insurance arrangements
Mactavish puts forward seven real, pragmatic recommends for reform. These Protocols have been endorsed by several leading insurers and brokers. Please click here to see a list of these testimonials.

If you would like a full copy of the report please call Stuart Bailey on 0207 463 0638 or email: mail@mactavishgroup.com

Insurance & Broking industry responses to the Mactavish Protocols

11-03-2011

Herbert Smith
Alexander Oddy, Partner, Herbert Smith, said:
“The Mactavish report identifies a series of issues around the insurance placing process.  What stands out is that these issues appear now to be taking place against a background of dynamically changing risk exposures within insurance buyers’ organisations.  Under English insurance law the responsibility for making a fair presentation of the risk falls squarely on the insurance buyer.  A failure to do so can put the entire insurance protection at risk.  The ultimate objective for all parties in the insurance transaction - buyers, brokers and insurers - should be certainty as to the agreed risk transfer.  That is the best way to avoid disputes which are costly, time consuming and serve none of their interests.  If the Mactavish Protocols are adopted even in part then insurance buyers are likely to stand a better prospect of getting claims paid when they need it most - at the critical time of a major loss.”


PricewaterhouseCoopers
Richard Sykes, Governance, Risk & Compliance lead, PwC, said:

“Many UK companies are unaware they are facing costly and damaging gaps in their insurance coverage. The risk that an insurance policy won’t pay out is not being recognised by boards. The lack of quality and in-depth information around risk exposure provided by companies to their insurers is currently inadequate and has left many businesses with unreliable and inappropriate cover. Companies need to make more informed decisions about how much risk they should retain or transfer, rather than simply seeking to minimise insurance expenditure. Insurance needs to move up UK companies’ agendas and become a more important part of their wider risk and capital-management plans.”


Willis

James Nicholson, Managing Director, Willis Risk Solutions, said:

“Willis applauds Mactavish’s continued tenacity in challenging the status quo and shining a torch on the fact that we as an industry must be better at demonstrating the immense value insurance provides in supporting businesses. As a change leader, Willis endorses the study’s findings which are in line with our drive to challenge inefficient insurance practices and lead reform through innovation such as our unique carrier benchmarking tool, the Willis Quality Index.”


Zurich Global Corporate UK

Ann Haugh, CEO, Zurich Global Corporate UK, Commented:

“The Mactavish report raises challenges for the insurance sector that Zurich is committed to addressing. We look forward to working with brokers and customers to drive forward its recommendations.”


Axa Corporate Solutions UK

Emmanual Nivet, CEO, AXA Corporate Solutions UK, commented:

“The intellectual integrity and market-wide experience that underpins Mactavish’s Placing Reform Report has resulted in a robust, pragmatic paper which clearly points the way forward for our industry. AXA Corporate Solutions supports the findings of this report which closely mirror our own long standing belief that customers, brokers and insurers must work together in a more informed and co-operative manner than is currently the case. Our confidence in the pertinence of the report is perhaps best evidenced by the fact that a number of our Client Commitments, such as ‘scenario testing’ policy wordings, are based on the report’s findings.”


Aviva Corporate & Specialty Risk UK

Axel Schmidt, Chief Underwriting Officer, Aviva Insurance, commented:

“The placement reform report flags a number of tough yet fundamentally addressable challenges. Aviva Corporate & Speciality Risk (CSR) will be working with clients and brokers to address the report findings and by including them within the Aviva CSR value proposition.”


AIRMIC

John Hurrell, CEO, AIRMIC, commented:

“Mactavish’s research is thorough and convincing, and it lifts the lid on a potential crisis looming in the UK commercial insurance market. Airmic has long argued that the current legal framework for commercial insurance contracts is unsustainable as it requires buyers to anticipate what the insurer may regard as ‘material’ information. Any alleged breach of this rule, even if innocent and unrelated to a particular claim, can lead to an insurer avoiding a policy on grounds of non-disclosure. This research illustrates just how dangerous the situation can be. Mactavish’s proposed remedies are credible and well argued. They align with Airmic’s own work to produce a best practice guide and, with Herbert Smith, to create a remedial clause that provides greater clarity for both parties.”

AIRMIC Live panel discussion now online (audio)

15-04-2010

On April 13th AIRMIC (the Association of Insurance and Risk Managers) hosted The Perils of Non-Disclosure, a live panel discussion into the Mactavish Research Report. The panel consisted of David Hertzell (Law Commissioner for Commercial & Common Law), Paul Maynard (Broking Director for Willis UK), Mark Platten (Chief Underwriting Officer for Zurich Global Corporate), John Hurrell (CEO of AIRMIC), and Bruce Hepburn (CEO of Mactavish).

The call is now available to download or stream online in the members section of the AIRMIC website.

Direct link (please note that you already must be logged into the AIRMIC website in order for this to work. Alternatively, log into the site and then navigate to ‘AIRMIC LIVE’ in the members section. The Mactavish discussion is the one dated 13-04-10 and is approximately 45 minutes long.

Web Seminar with Herbert Smith now available to view online

24-03-2010

Herbert Smith hosted a live web seminar on March 18th to talk about issues relating to the duty of disclosure, in response to the recent Mactavish report.

This event is still available to view online by following the below link. Registering with your name and email address will quickly give you access to the presentation.
Click here

(Please note that the presentation is best viewed using Internet Explorer, as some issues have been reported viewing it with other browsers)

On the same site you can also download an mp3 of the audio and a pdf of the accompanying slides to view offline at your convenience. You can find these by clicking the ‘downloads’ tab.

IACCM call with Mactavish CEO, Bruce Hepburn online now

23-03-2010

The International Association for Contract & Commercial Management hosted a conference call with Mactavish CEO, Bruce Hepburn, to talk about the implications of the Mactavish report for contract managers.

This event is still available to view online by following the below link. Registering with your email address will quickly give you access to the presentation.
Click here

PRESS RELEASE: INSURANCE CRISIS COULD ADD FINAL CHAPTER TO CREDIT CRUNCH, WARNS MACTAVISH

06-01-2010

PRESS RELEASE 6th January 2010

The below release contains separate sections below the main release with specific details for each of the INSURANCE, MANUFACTURING, CONSTRUCTION, RETAIL AND FINANCIAL SERVICES sectors. Please review as appropriate.

INSURANCE CRISIS COULD ADD FINAL CHAPTER TO CREDIT CRUNCH, WARNS MACTAVISH

Companies running increased risks in the wake of the financial crisis, and failures by company management and the insurance industry to address them effectively could create a ‘perfect storm’ in the commercial insurance market.  This will prompt a new phase of the financial crisis, according to extensive new research by Mactavish, the specialist research firm that works with leading insurers, brokers and banks.

The first round of its Sector Risk Research Programme, published today, has involved in-depth consultations with senior executives at more than 250 major companies in the UK in the manufacturing, construction, retail and financial services sectors, mainly with turnovers between £50m and £5bn. 40 consultations with senior insurance executives were also held.

The research, which has been reviewed by the insurance practice at PwC and by analysts at Citi, shows that risks faced by companies have risen sharply due to the recession, increasing existing risks such as supply chain vulnerability, and adding new ones as firms adapt to survive. It also reveals that neither company management nor insurers have fully recognised changes to risk profiles, meaning insurance companies may be carrying unrecognised risks while firms’ cover may be inadequate, leaving investors exposed.

The report warns that: “Parallels can be drawn between large property & casualty insurance institutions today lacking the ability to fully understand changing risk exposures and more publicised past failures of financial institutions to understand risks assumed. While loss impacts naturally lag economic changes by several years, turmoil in commercial insurance is expected as a latter phase of the financial crisis.”

Key findings include:

  • The effect of the economic downturn has been to drastically raise the pace of change in the business world, way beyond headlines on failure rates and bailouts. The speed, number and significance of important granular changes across most companies’ day to day operations are unprecedented.
  • Such a severe recession has altered existing risks companies face and added new ones. Businesses are moving into less familiar activities, cutting costs and stretching themselves and their trading partners in order to cope with recession. For example, one high-tech manufacturer had doubled its rate of new-product launches in 2009 while cutting manufacturing lead times by 75% in a bid to cope with the downturn.
  • Management focus remains on putting new measures in place, with few yet understanding or communicating how risk is different. For example, the research found that 65% of companies do not review how their risk is explained to insurers as part of the contract on which their company relies. This puts insurance cover at risk and may leave shareholders bearing unexpected losses at a time when capital is scarce.
  • Insurance brokers and insurers have also so far failed to address these changes, suggesting systemic under-pricing of risk and a requirement for a potentially severe insurance market correction.

Bruce Hepburn, Chief Executive of Mactavish, said:

“Major business changes and great uncertainty around commercial risks have been caused by the recession, but nobody has really focused on this yet. This means that some companies are not properly insured, and insurers are carrying greater risks than they realise. Investors could end up bearing the cost of losses.

“The issue should not be underestimated. Companies are ultimately more reliant on insurance now given that few have the luxury of significant cash reserves and access to new debt remains limited.

“British firms contain new risks that have not been properly understood or reflected. As a result of this combining with existing pressures on insurers, the insurance sector and the companies it serves could be facing a perfect storm that would form another phase of the financial crisis. Our research suggests that company managements, insurers and investors all need to wake up to face this reality.”

Achim Bauer, partner, PricewaterhouseCoopers, commenting on the Mactavish research says, “Many commercial insurers have failed to keep pace with the unprecedented changes in commercial risk and the findings have revealed significant flaws in the way commercial risk is assessed and insurance placed”.

“Insurers need to act quickly to identify areas of their portfolio where underwriting is most seriously misaligned, adjust reserves and explain the implications to their stakeholder community. Failure to do so will only exacerbate losses and further undermine market confidence.”

Citi’s investor note on the research warns of the risk to the property & casualty insurance sector. It says, “a sharp increase in commercial claims could be the ’straw that broke the camel’s back’ – driving a substantial shake-out, but with real differentiation between the insurers who are prepared and those who are not.”

“It is likely that the impact of the recession has yet to work its way through the system, with the potential for the changed risk environment to have much greater impact in 2010 and 2011. As such, we think this is an area that investors need to be on top of, as these trends could have a material impact on stock prices over the next 18 months, not only at a sector level, but also in differentiating between (…) insurers”

INSURANCE INDUSTRY IMPLICATIONS

These findings clearly have potentially severe consequences for the insurance industry which underwrites the risks concerned. A significant focus of the study was therefore in testing insurer assessments of the changes observed, the level to which they are currently understood and their impact on insurer policy.

Key findings included:

  • Faced with sudden changes, the historic risk assessment models used by insurers become increasingly unreliable. Given the increase in risk, widespread under-pricing is inevitable through 2010 as underlying risk increases while rates suffer continued downward pressure.
  • An increased and more uncertain risk environment will impact claims costs, even if it can take years to become clear. It also raises the importance of existing weaknesses in the system used to explain and underwrite individual risks, leaving company shareholders and insurers exposed.
  • This introduces a new risk to earnings for Property & Casualty (P&C) insurers. Mactavish expects real variance in how exposed insurers are to this segment, and how well they are able to respond to the challenge of building closer customer relationships to better understand risks.
  • The insurance industry continues to fail to communicate its value to customers – with depressingly little buyer recognition of the value provided despite greater-than-ever dependence of companies on insurance capital.
  • This suggests that conditions are set for the type of extreme and localised volatility for which insurers have been harshly criticised in the past. The industry already works on very tight margins following fierce competition, and supported by an unusually benign claims environment recently. Recessionary risk impacts may break this cycle.

Mr Hepburn said: “The sheer level of business risk impact suggested by this research will become a huge issue for the insurance industry at a time when margins continue to shrink. Long-standing weaknesses in the system of understanding risk are increasingly exposed and history suggests some will rise to this challenge a lot better than others.”

Mr Bauer, PricewaterhouseCoopers, added: “This is a wake-up call to the insurance industry. Both insurers and insurance intermediaries need to fundamentally rethink how risk is assessed, how companies are insured and how to keep pace with an increasingly complex, uncertain and fast changing risk landscape. Taking action now will reduce the immediate business impact and strengthen their market position”

INDEPENDENT MANUFACTURING

Research in this sector focused on independent UK manufacturing companies between £50m and £5bn in turnover across a wide range of product categories, as opposed to subsidiaries of foreign companies where many UK risks are managed by the parent.

Key findings included:

  • A sharp surge in outsourcing and overseas joint venture activity with the recession acting as a catalyst, significantly increasing supply chain complexity. Half of all sector respondents said they had a current project of this kind. Few had begun to analyse risk implications.
  • Supply chain vulnerability has increased.  More than 80% of respondents said this issue had changed their risk profile. Supplier failures, enforced single sourcing, reduced stock levels, cutting of excess production capacity and other issues were all cited as reducing resilience.
  • Increased product development and diversification into new areas. In response to falls in demand, many firms have targeted new market segments, launched new products and extended product provision into a wider service offering. New products and markets typically increase failure rates while service offerings create new insurance requirements. Few firms had considered insurance issues.
  • Firms have faced pressure to accept extra liabilities in areas like product warranties, recall costs, design risk, consequential loss and so on. More than a quarter of manufacturers cited such pressures having already caused them to accept more risk. As one internal audit manager put it: “We are routinely now receiving pressure from customers whereby they try to transfer what feels like unlimited liability for the entire project. It’s getting much harder to negotiate.”
  • Extreme examples of such change existed, and are detailed in case studies with the main report.

Mr Hepburn said: “The visible impact of the recession on manufacturing has been widely reported. However, there are also greater risks beneath the surface in the sector, which pose further threats to companies, investors and insurers.”

CONSTRUCTION

Research focused on companies in the £50m to £5bn turnover bracket and covered all main parts of the sector: housebuilding, commercial property, civil engineering / public works, materials suppliers and support services. As widely reported, the impact of the recession on construction has been particularly brutal, especially during the first half of 2009.

Key findings included:

  • A forced diversification of work and a flight to public sector work, with nearly two thirds of respondents citing a move to new types of work or joint ventures in the face of reduced demand. This can involve companies taking on unfamiliar risks such as asbestos exposure or working in derelict buildings. It also changes contract & specification frameworks, creating a new risk management challenge. One group health & safety manager commented “Contractors are now routinely winning bids they’re not qualified to do.”
  • The sector fears a second round of company failures and consolidation if public-sector demand falls through spending cuts before real private-sector recovery occurs.
  • Respondents point to a vastly increased potential for contractual disputes and for companies to unwittingly take on new liabilities. Throughout the sector, contracts have become less standardised, and negotiations with both customers and sub-contractors more pressured. All respondents recognised difficulty in controlling contracts, especially with multiple desperate bidders. One in three (30%) reported specific additional liability risks already taken on.
  • Intense cost-cutting has increased risks for many. Widespread reductions in health and safety spending and site supervision resource, less pre-qualification checking and ‘suicidal’ bidding practices encouraging corner cutting have increased risk.
  • An unprecedented level of mothballing of existing construction sites also creates new risks around arson, vandalism and public safety.

Mr Hepburn said: “The recession has already had a brutal impact on the construction sector and continues to place huge stresses on companies within it. Desperate bidding for contracts is a particular concern, creating knock-on risks that are not fully realised.”

RETAIL

Research spanned retailers across a wide range of product segments and focused on companies with £50m to £5bn of sales. Nearly all respondents, except counter-cyclical areas and food retailing, reported major falls in consumer spending during 2009.

Key findings included:

  • Retailer product risk exposure has increased, whereas in the past it has been passed up the supply chain. Three quarters of respondents cited business changes to increase this risk category: from direct involvement in product design, upstream cost-cutting outside of retailer control, refocusing on own-brand products and sourcing from lower-cost countries where liability cannot be passed back easily.
  • As the insurance director of one retailer put it: “The mix of what we sell has changed dramatically. We now source extensively from the Far East… we realise that there is simply no prospect of getting money out of them [specific Chinese suppliers responsible for a large claim]”
  • Like manufacturers, retailers are faced with much more fragile supply chains with greater risk of business interruption. 90% of respondents cited changes contributing to increased risk, from consolidation of suppliers and/ or distribution facilities to expanded use of ‘just-in-time’ methods.
  • Credit-insurance-market contraction has been particularly pronounced for retailers, with half of respondents raising concern. In segments with few suppliers, this has particularly led to sudden liquidity demands and sharply reduced supplier choice for some retailers, increasing risk of reduced product quality.
  • As the finance director of one retailer commented: “Last year no one wanted to work with us because it was impossible to buy credit insurance on our risk. As we were moving our supplier base to the Far East, we had to work with the few suppliers who agreed to sell to us. It’s far from ideal.”

Mr Hepburn said: “Supply chain risk and limits on trade-credit insurance remain real issues for retailers. When combined, as they are at the moment, they pose a much sharpened risk in the sector, especially to certain retailers. Our research suggests that we have yet to see the full impact of this cocktail of threatening circumstances.”

FINANCIAL SERVICES

The major focus of research was on medium-sized firms rather than the larger banks.

Key findings included:

  • The most surprising finding was a prevailing view that business models were robust and did not need to adjust in light of recession, even when challenged by clearly increased operational risks.
  • About half of respondents said their firms were simple and not exposed to new high-severity risks arising from fundamental changes in the environment. This raises fears of complacency, especially since some respondents vehemently argue this isn’t the case whilst criticising what they see as an arrogant stance by others.
  • As the finance director of one asset-management company put it: “Risks aren’t changing; there are just changes in profitability.”
  • However, this contrasted with a wide range of new operating risk losses raised during 2009: from breaching investment mandates to negligent advice; a lack of proper due diligence to a surge in various fraud claims.  Given these, in addition to far more onerous regulatory obligations and a more volatile trading environment, it is a strong claim indeed that risk hasn’t changed.
  • Companies also admit to a low level of focus on insurance risks, as opposed to higher profile ‘market’ or ‘credit’ risks. Around 50% of respondents flagged specific areas where they were unsure of the nature of the risks they run today as they relate to issues such as professional indemnity, cyber-crime or potential shareholder lawsuits against senior executives.
  • There is also a marked gap between perceptions of those in the industry and insurers, who consider 2009 to have demonstrated clearly that the risks they underwrite in financial services are greater than previously realised.
  • Regulatory burden from the Financial Services Authority has increased dramatically, with some respondents saying this is diverting resources from risk management.

Mr Hepburn said: “There appears to be confusion in the financial services sector. Many firms claim that the risk environment hasn’t materially changed, while at the same time acknowledging conditions that suggest it has. There may be residual complacency in the sector, despite the savage recession.”

NOTES TO EDITORS

  • Research consisted of in-depth telephone and face to face consultations arranged and conducted throughout 2009 with senior financial and operational management at over 250 UK firms in the sector and size segments set out. Insurer responses comprised risk class heads and policy setters across leading London market insurance operations.
  • All individual responses are held in the strictest confidence and cannot be discussed on an attributed basis.
  • Mactavish is a specialist research business focused on the risk and commercial insurance segment. They have been conducting cutting edge industrial research programmes across the UK, US and mainland Europe since the early 1990s, both as independent programmes and in partnership with leading insurers, reinsurers, brokers and investment banks.
  • Mactavish is chaired by John Coomber, ex. CEO and current Non Executive Director of Swiss Re (where he also chairs the Board Finance & Risk Committee). Mr Coomber alongside other roles is also CEO of the Pension Insurance Corporation.  On its Board, Mactavish also counts on Paul Spencer as Non Executive Director, whose roles include Non Executive Director of WPP (where he chairs the Audit Committee) and Chairman of the Rolls Royce Pension Fund. Mr Spencer has recently retired as Chairman of National Savings & Investments for which he was awarded a CBE for services to the Financial Services industry in the 2010 New Year Honours List.

MEDIA CONTACTS

Stuart Bailey, Mactavish Press Contact on 0207 463 0638 or email stuartbailey@mactavishgroup.com

Rebecca Mill, PwC LLP Media Relations on 020 7213 5829 (mobile: 07793 680467) or email: rebecca.mill@uk.pwc.com