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Item C60 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19-20.2001 Division: Management Services Bulk Item: Yes --X- No Department: Administrative ServiceslRiskManagement AGENDA ITEM WORDING: Approval to accept proposal from Florida Municipal Insurance Trust and renew Agreement #386 at a net annual premium of$157,001 to be paid in quarterly installments of $52,333 to Florida League of Cities" First installment due on October 15,2001. ITEM BACKGROUND: This program provides $5,000,000 excess liability insurance over the County's $100,000 Self-Insured Retention for General, Public Officials and Automobile Liability Claims. Also provides auto physical damage and Ambulance Attendants Medical Malpractice Coverage. Coverage was bid out and Florida Municipal Insurance Trust through the Florida League of Cities was the most favorable to the County of the 3 bidders. PREVIOUS REVELANT BOCC ACTION: Awarded bid to Florida League of Cities, Inc. 9/20/2000 at an annual premium of$140,929. CONTRACT/AGREEMENT CHANGES: This represents a 9% increase over the 200012001 premium. The total increase is $16,072. The new renewal dates are 10/1/01-9/30/02. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $157.001 BUDGETED: Yes --X- No COST TO COUNTY: $157.001 REVENUE PRODUCING: Yes No ~ AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/P~ing _ Risk Management LJ \( , DIVISION DIRECTOR APPROVALd /J- ~ ~ - JAMES L. ROB RTS DOCUMENTATION: Included --X- To Follow_ Not Required DISPOSITION: AGENDA ITEM # l-<:-fIo COUNTY OF MONROE, FLORIDA 2001/2002 LIABILITY PROGRAM PROPOSAL EVALUATION July 2001 Background For a number of years Monroe County has purchased its Liability and Employee Dishonesty insurance from the Florida League of Cities (The League), The specific coverages provided by the League included: ~ Premises and Operations (General Liability) ~ Vehicle Liability and Physical Damage ~ Public Officials Liability ~ Employee Dishonesty Both the General and Vehicle Liability programs require the County to assume the first $100,000 of each claim as a self-insured retention. The County only purchases Physical Damage insurance (comprehensive and collision) on those vehicles that have a relatively high value (in excess of $25,000). A $1,000' deductible applies to all physical damage claims. The Employee Dishonesty policy provides limits of $500,000 for dishonest acts of employees and does not contain a deductible. The Florida League has been providing insurance protection for its members since 1977 and has developed a favorable reputation for providing quality insurance at competitive prices. Until 1998 the League realized a continual growth in its Retained Earnings (Net Worth) to the point where they had accumulated a surplus of $127,212,949, It is critical for any insurer to maintain sufficient surplus in the event higher than anticipated losses to occur. During 1999 the League experienced abnormally high losses and lower investment income. This resulted in the League realizing a Net Loss of$41,580,433. Its Retained Earnings at the end of 1999 was $85,632,516. The League realized another significant Net Loss ($43,649,050) during the 2000 year. This resulted in Reported Retained Earnings as of September 30, 2000 of $41,983,466. The fact that the League realized a 67% reduction in its Retained Earnings over a two-year period prompted the County to obtain competitive bids for its Liability and Employee Dishonesty insurance effective October .1t, 2001. At the same time the County requested Interisk to investigate and monitor the financial condition of the League in an attempt to determine if corrective actions has been taken and if the League can be viewed as a financially sound insurer. -- Interisk met with the League on several occasions to discuss the corrective actions they have taken and their future financial projections. The League advised that they have non-renewed over fifty percent (50%) of their less-profitable accounts and has strengthened their underwriting guidelines. In addition, they have restructured their medical insurance plan significantly reducing the benefits being offered. They further ~ indicated that these steps have already produced positive results and they believe that they are restoring the financial strength of the League. Remarketine Efforts During the later part of March 200 1 the County publicly notified interested parties that they were seeking proposals for its Liability Insurance program. On March 26, 200 1 detailed bid specifications were distributed to those agents contained on the County's master vendor list and those that responded to the public notice, In an effort to control the process and ensure all proposers had an equal opportunity to submit competitive proposals, all agents were required to submit, ranked in order of preference, those insurers they wanted to utilize to structure the County's progrnm. Based on their requests, participating agents were assigned insurance companies they were authorized to approach on behalf of the County, A total oftive (5) agents indicated they wanted to participate in the process and a total offourteen insurance companies were ultimately assigned. It is believed this represented the majority of the agents and insurers with the experience and desire to provide governmental entities with liability insurance within the state of Florida. In an effort to provide all proposers with the same underwriting information, written requests for additional information were received through May 7,2001. An addendum to the bid specifications was prepared responding to all questions submitted and the addendum was distributed to all participating proposers. The proposals were publicly opened on Julll, 2001. All five (5) participating agents submitted proposals with two (2) agents submitting multiple options. The attached chart summarizes the major features of each proposal and compares them to the County's current program. Following is a narrative discussion on each proposal with recommendations for the County to further consider the proposal or to eliminate it from further evaluation. Johnson Insurance A$lencv The Johnson Insurance Agency submitted a proposal from the St. Paul Insurance Company, St. Paul enjoys a favorable rating from AM. Best & Company, the leading evaluator of insurance company operations. The Johnson agency proposed a program with per occurrence limits of $5 million and an annual aggregate of $7 millioIt The $7 million aggregate is viewed as less attractive as the current progrnm since the current program does not contain an aggregate limit. An Aggregate limit is the most the insurer will pay during a policy period, regardless of the number of claims reported. The Employee Benefits, Medical Attendants and the Public Officials coverages were proposed on a Claims Made basis as compared to the County's current program which provides coverage on an Occurrence basis. A Claims Made policy will provide coverage only for claims submitted to the insurer during the policy year, regardless of when they occurred. An Occurrence policy will respond to claims that occurred during the policy period, regardless of when they are reported. While this change will not immediately effect the coverage the County is purchasing, it could adversely effect the County in the future. If the County were to have some or all of its coverages on a Claims Made basis and converts the coverage(s) to an Occurrence policy, the County could be exposed to uninsured losses. This potential gap in coverage can be best explained by an example. Assume the County has a Claims Made Liability policy that expires on October 1, 200 1. The policy is replaced with an Occurrence policy when it expires. If a claim were to occur-on September 15, 2001, however the County does not learn of the claim until October 15,2001 (and therefore not report it to the insurer prior to the Claims Made policy expiring), the County coyJd be faced with an uninsured loss. The Claims Made insurer would deny the claim since it was not reported to them prior to the expiration of the their policy and the new insurer would deny the coverage since the claim did not occur during their policy period. To avoid such a gap in coverage, the County would have to purchase "Tail" coverage on the Claims Made policy that could cost as much as twice the annual premium. It is normally advantageous for an organization to have all of its coverages on an Occurrence basis, if possible. The remainder of the St. Paul's program is consistent with the County's current program. The total cost of the Johnson's proposal is $239,412. The Johnson Agency also submitted an alternative proposal with a $250,000 per claim retention for an annual premium of $199,286. Both of these amounts are higher than other acceptable proposals and it is recommended that the Johnson's proposals be eliminated from further consideration. 2 Marsh USA Marsh USA submitted a proposal from Coregis Insurance Company. Coregis enjoys a favorable rating from A.M Best & Company. While the Marsh's proposal is similar to the County's current program. several differences are worth noting, ~ Coregis is only willing to provide coverage subject to a $5 million annual aggregate, As was explained above, this iS,viewed as a limitation compared to the County's current program. ~ The Employee Benefits Liability and the Public Officials coverages were proposed on a "Claims Made" basis. Again this is viewed as a limitation. The remainder of the coverages proposed by Marsh are consistent with the County's current program. Marsh proposed an annual premium of $235,599 for their insurance program. Since this represents a cost significantly higher than other viable alternatives and the terms and conditions are not as attractive as the current program, it is recommended that Marsh be eliminated from further consideration. Arthur J. Gallagher Gallagher proposed two separate alternatives. One was from TIG Insurers and the other from United National Insurance Company. Both insurers enjoy a favorable rating from AM. Best & Company. Both the TIG and the United National proposal are similar to the County's current program, however the Employee Benefits and the Public Officials Liability coverages would be provided on a "Claims Made" basis. In addition, the TIG proposal did not contain coverage for Employee Dishonesty claims. To offset the limitation of having part of the program provided on a "Claims Made" basis, both TIG and United National agreed to limit the amount the County would have to absorb as self-insured losses during the policy year. TIG established a maximum retention of $650,000 and United National established a maximum retention of $500,000. While this would be viewed as an enhancement to the County's insurance program, it should be noted that the County's retained losses have never approached these levels. Gallagher's proposal from TIG would cost an annual premium of $203,000 and the United National program would cost $238,000. Both these amounts represent a cost significantly higher than other available options. It is for this reason that both the TIG and the United National proposal as submitted by Arthur 1. Gallagher be eliminated from further consideration. LB Brvan LB Bryan utilized three separate insurers in stJUcturing their program. Bryan proposed utilizing North River Insurance Company for the General Liability, Vehicle Liability and Public Officials Liability. Bryan proposed using Travelers Insurance Company for the Employee Dishonesty coverage and Western World Inswance Company for the Medical Attendants Professional Liability in.suraRce. All three insurers enjoy a favorable rating from AM. Best & Company. Utilizing three separate insurers will increase the difficulty to administer the program and could make it less stable. Since the overall premium will be shared between three different insurers, there is a greater possibility that one of the insurers will be unwilling to renew their coverages in future years. Even if they all elect to renew, one or all of them may elect to increase their premium by a higher percentage than if one insurer had the entire program. This may force the County to accept the higher priced policy in order to keep the program in tact. Bryan's proposal is similar to the County's current program with three exceptions. The first exception is Bryan's proposal contains a $15 million annual aggregate. While this is a limitation, it is not viewed as a significant factor in the evaluation process since the limit being offered is considerably in excess of the County's historical losses in any given year. The second difference is that Bryan proposed a retention of $100,000 per person and $200,000 per occurrence for claims governed by the Sovereign Immunity laws and $200,000 per occurrence for claims not governed by Sovereign Immunity laws. If this program were selected, this would represent a 3 significant increase in the County's exposure for self-insured claims. It should be noted that the County has never had a claim that exceeded $100,000. If this trend continues, the increased retention would not have an adverse effect on the County's financial position, However, if the County were to experience a catastrophic claim, they could be faced with having to fund an additional $100,000 from their operational budget. The third difference is that the Bryan proposal does not provide physical damage protection for County vehicles. Currently the County has forty-eight (48) vehicles with a total value of $2,283,066 insured for physical damage., Only the higher priced (in excess of $25,000) vehicles are insured for physical damage. The primary reason the County purchases physical damage is to protect themselves from a catastrophic loss, such as a hurricane or major fire where a multitude of vehicles are damaged. The cost of this protection can be quantified in a number of ways. If the County were to experience a catastrophic event and a multitude of vehicles were damaged, the cost could be in excess of $2 million. The County could also purchase separate physical damage insurance on its vehicles. The cost of this insurance cannot be detennined at this time, however it is known that the Florida League currently charges $17,982 for this protection If the County were to purchase separate physical damage insurance, it is believed that the premium would be in excess of what is currently being paid. For the purpose of this analysis, the premium being paid to the League will be used. The combined annual premium for LB Bryan's program is $157,906. If the estimated cost of purchasing separate physical damage insurance ($17,982) is added to this amount, an estimated premium of $175,906 is developed. This is $35,074 more than the County's current program and $18,905 more than the Florida League's renewal proposal. If the County elects not to except the Florida League's renewal proposal, it is recommended that they select LB Bryan's proposal for the 2001/2002 policy year. Florida LeaflUe of Cities The Florida League of Cities (The League) has been the County's insurer for a number of years. The County and the League has enjoyed a good working relationship over the years and the coverages that have been provided are consistent or better than those obtainable from other insurers. While The League appears to operate like a commercial insurer, it should be recognized that The League's program is a trust created pursuant to Florida Statute ~ 768.28(15). As a trust, the League's program is not monitored by the Florida Department of Insurance nor do its members enjoy the protection of the Florida Insurance Guarantee Fund (FIGA). FIGA is a state-administered prOgr3m designed to pay the claims of insolvent insurers. ' The League proposed to renew the County's program with the same tenns and conditions as its current program for an annual premium of $157,001. This represents an increase ofSl6, 169 (11.5%). Most organizations are currently experiencing premium increases of approximately 30% for the upcoming year. It is therefore believed that the increase being requested by the League is reasonable based on current market conditions. Despite the League's reduction in Retained Earnings, it is believed that the County should consider the Florida League's renewal proposal for its 2001/2002 Liability insurance program. Conclusion and Recommendations Based on the proposals received, it is believed that the County's interest would be best served by either the LB Bryan's proposal or the Florida League's proposal. The key deciding factor is determining if the Florida League has corrected the issues that have caused the reduction in its Retained Earnings. While the financial condition of the County's insurers should be a major factor in the evaluation process, in reality any insurer can experience financial difficulties that could impact their ability to pay claims when they become due. Based on the information provided by the League, it is believed that they have taken the appropriate steps to begin the process of recapturing its lost Retained Earnings. It is therefore believed that the Florida League of Cities represents the most attractive alternative for the County's 200 1/2002 Liability insurance program. The following reasons support this belief. 4 ~ L B Bryan's proposal contains a $15 million aggregate limit, while the League's program does not. ~ L B Bryan's proposal contains self-insured retentions that are higher than the Leagues. ~ L B Bryan's proposal does not include Physical Damage protection for the County's vehicles, ~ L B Bryan's proposal utilizes three separate insurers which increases the administrative efforts to manage the program and makes it less stable than if only one insurer were used. ~ L B Bryan's program would cost the County $4,037 more than the Florida Leagues. It is believed the above items offset the concerns that exist with the Florida League's financial position. By retaining the Florida League, the continuity of the County's program can be maintained and assuming the League has corrected its financial difficulties, they will continue to be a viable source of quality insurance at competitive prices for the County in the future. It is therefore recommended that the Florida League of Cities be retained as the County's Liability insurer for the 2001/2002 policy. 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