Insurance

February 21, 2023

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Thoughtful Risk Management and Dutiful Oversight Agenda

The settlement with Activision Blizzard could have widespread implications for how companies choose to manage risk, according to Nir Kossovsky, CEO of Steel City Re, which provides insurance for reputation and assists companies in establishing risk management functions. Kossovsky said that companies should create “reputation risk leadership committees” composed of representatives from “every silo” of the company that interacts with a critical stakeholder group…“No one can argue with thoughtful risk management and dutiful oversight, but you need a demonstrable, effective process to make that claim.”

February 12, 2023

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Demonstrating Quality and Effectiveness—not merely effort—is one of the strategic benefits of ESG and reputation insurances.

Demonstrating Quality and Effectiveness. In this recent post by the National Association of Corporate Directors, the lawyer authors write, “Documenting the board’s activities is a critical component of demonstrating management’s efforts to monitor relevant risks and board review of these efforts.” Under the DoJ’s enhanced enforcement guidelines, simply demonstrating effort is not sufficient. Demonstrating effectiveness—not merely effort—is crucial; and it is one of the strategic benefits of ESG and reputation insurances.

February 7, 2023

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All risk is connected. As in Dirk Gently’s world, everything in the risk world is now connected, but without the humor of Douglas Adams. The consequences of operational perils between and among employees—the sorts of things that might have triggered coverage with Employment Practice Liability insurance, is now a matter for derivative litigation and the SEC.

January 24, 2023

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Building resilience requires a demonstrably effective, insurance-authenticated system.

Risk Strategy Authentication and Communication.If you oversee an effective reputation risk strategy process, but no one knows it, is it actually effective? This is a vital question boards of directors, senior executives, and risk professionals need to ask themselves in this era of enhanced regulatory enforcement. Building resilience requires a demonstrably effective, insurance-authenticated system.

January 3, 2023

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The velocity of risk is approaching military-grade speeds.

Reputation risk emerges when the expectations of a critical mass of stakeholders shifts, and the value of favorable expectations transforms into the costs of emotionally-rich disappointment. Twitter’s blue check “chaos” shows that the velocity of reputation risk boosted is approaching military-grade speeds.

December 23, 2022

Third party authentication (insurance as a signaling device) deters reputational attacks and mitigates crises.

Eli Lilly defused a tweet-induced reputational crisis. […] In the days since that event took place, Lilly’s stock underperformed the S&P and underperformed some of its pharmaceutical industry peers. Why the lingering effect on Lilly’s stock price? What could it have done differently? What could a company in its position do now? And how could have third party (insurance) authentication played a strategic role?

December 22, 2022

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The behavioral economic properties of insurance have long successfully nudged social change.

In San Jose, Calif….on Jan. 1, the city will begin requiring gun owners to carry liability insurance to compensate victims harmed by the negligent or reckless use of a firearm. The behavioral economic properties of insurance have long successfully nudged social change.

December 19, 2022

To follow the quality of risk management, follow the insurance money.

To follow the quality of risk management, follow the insurance money:  Insurers are denying or limiting coverage to clients with exposure to bankrupt crypto exchange FTX, leaving digital currency traders and exchanges uninsured for any losses from hacks, theft or lawsuits, several market participants said. […] The FTX collapse will also likely lead to a rise in insurance rates, especially in the U.S. D&O market, insurers said. The rates are already high because of the perceived risks and lack of historical data on cryptocurrency insurance losses.

December 5, 2022

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ESG-related false advertising litigation. Consumers are increasingly questioning environmental claims, sometimes landing directors in court.

ESG-related false advertising litigation. Since the onset of 2021, there have been multiple class actions filed in federal courts over greenwashing claims targeting companies from the retail industry, such as H&M and Allbirds, and food manufacturers, like Vital Farms. The statements attacked by consumers in these lawsuits varied due to the wide-ranging nature of the marketing techniques used by the companies, including the use of internal sustainability metrics as well as the reliance on benchmarks created by third parties.

December 2, 2022

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Parametric insurance grows in importance. A parametric insurance policy—one that is triggered and insures to model—makes ESG coverage possible.

Parametric insurance grows in importance. In a session at the Cayman Captive Conference 2022 Eddie Brooks, associate director of Alternative Risk Transfer Solutions at WTW, looked at how index-based, or parametric, insurance has emerged over the past two decades as a risk transfer mechanism with particular application to emerging risks resulting from the climate and nature emergencies.  A parametric insurance policy—one that is triggered and insures to model—makes ESG coverage possible. 

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