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Return to Virginia Business - December 2003

Commercial Insurance

Isabel's wake-up call
A new hurricane warning: Read your policies and make a plan.

by Robert Burke
Virginia Business
December 2003

WEB POINTERS
For additional information on commercial insurance and disaster planning:
Insurance Information Institute
Institute For Business & Home Safety

Hurricane Isabel was roaring but Jim Wilkerson needed one more look at his family’s restaurant on the Potomac River in tiny Colonial Beach. At just past 9 p.m. he went out in the driving rain and wind to see what was still standing. “All the doors were there, the sign was on the building, the radio antenna was still there,” he says. “No visible damage, other than the water was probably two feet over the highway. I said, ‘We’re going to make out.’”

Daylight, though, told a different story. High waters pushed by the winds “knocked the whole back wall out and just came on in,” he says. Wilkerson, 56, says he’ll rebuild — an insurance adjuster and structural engineer looked at the property soon after the storm — and reopen in the spring. “I’ve worked on the water and in the restaurant and seafood business all my life,” he says. “This is the worst I’ve ever seen.”

That’s what commercial insurance is for, to handle catastrophic events that would otherwise kill a business. In all, Colonial Beach lost all four of its riverside restaurants, a tough blow for the local economy. But what happened to this Northern Neck town stands in contrast to the impact that Isabel had across the rest of Virginia.

The storm produced widespread damage, downing trees, flooding homes and businesses and knocking out power, which particularly hurt merchants who lost inventory or couldn’t reopen for days. Total insured losses in Virginia totaled $450 million, with commercial losses accounting for 20 percent of that, according to the New York-based Insurance Information Institute, a trade group. The total damage in all states affected was estimated at more than $1 billion. But Isabel weakened as it came ashore and didn’t turn out to be the catastrophic event many feared. “You usually think of hurricanes knocking your buildings down,” says Jim Kitchin, president of Virginia operations for Richmond-based Hilb Rogal & Hobbs Co. Commercial claims were typically for wind damage to roofs and signs, business interruption losses or spoilage claims from restaurants and grocery stores, he says. “So from an actual insurance loss, it won’t be as devastating as it could have been.”

In addition, says Kitchin and others, Isabel isn’t likely to push commercial rates higher. They’ve climbed steeply in recent years as the industry emerged from a long pricing war, the fallout of slumping investments and huge losses from the Sept. 11 terrorist attacks. Concerns about potential claims from asbestos, mold and future terrorist attacks also helped drive rates up and competitors out of the market.

But the higher rates have had their effect and insurers are making money. The property/casualty insurance industry’s rate of return for the first half of this year was 9.7 percent, compared to 1 percent last year. The industry’s combined ratio — the cost of writing policies and paying claims versus the premiums charged — has dramatically improved. In 2001 it hit 116 percent, meaning carriers were losing 16 cents for every dollar of coverage. Losses that year hit a record $52 billion. That ratio dropped to just below 100 for the first half of this year, according to the insurance institute, and underwriting losses for the year should be between $4 billion and $6 billion.

As a result, the pace of rate increases is slowing, says William Coyner, senior research analyst who follows the insurance sector for Charlottesville-based SNL Financial. “We’re not getting the 15 to 20 percent rate increases we saw a year ago,” he says. “Anywhere between 7 to 10 percent is what I’ve been hearing, at least on the commercial side.” In another year or so rates may begin to drop as competition increases, he says.

Other issues that pushed rates up are showing signs of cooling off. Congress is working on asbestos legislation that, if approved, would create a trust fund to compensate asbestos victims. A plan proposed by Senate Majority Leader Bill Frist (R-Tenn.) would have insurers contributing $46 billion and asbestos manufacturers paying up to $67.5 billion. Democrats are pushing for a bigger fund. Coyner says most insurers will be glad if a decision is made no matter what it is. “They just want a final number that they’ll have to pay. They don’t really care how high it is, they just want it to be over with,” he says.
There’s also less uncertainty in directors and officers insurance.
Premiums for that coverage soared in the wake of corporate scandals, and it has been a difficult coverage for insurers to price, Coyner says. “Nobody expected we would see as many bankruptcies and as many issues with directors and officers as we’ve seen in the past few years. But, at this point, most of the writers of that insurance now have a few years under their belt figuring what the cost could end up being, so now they can price it a little better.”

Another environmental hazard, though, still shows signs of disrupting coverage. Mold-related insurance claims totaled $2.5 billion in 2002, more than double the previous year. Mold, found usually in heating and air-conditioning systems or in poorly ventilated areas of buildings, can be an irritant and in rare instances dangerous. Some insurers cover mold claims but have hiked premiums while some won’t cover it at all.

The next group to suffer will be contractors in fields such as heating and air conditioning, plumbing, siding — anything that might be linked to moisture in a building, says Cindy Amick, executive vice president with S.L. Nusbaum Insurance Agency in Norfolk. “The construction-defect claims are just totally out of hand,” she says. “We’ve had insurers say they absolutely will not write (policies) on any companies in that business. It’s really going to hit the small contractors hard. It’s going to put a lot of them out of work.”

Insurers, of course, limit what they’ll cover because they have to or face going out of business. If the risk seems too high, they’ll walk away. “I think people forget that insurance is not a nonprofit organization,” Amick says. One option that coastal states south of Virginia have adopted is the creation of a “wind pool” funded by insurers in the state to help residents and business recover from wind damage. Amick says in the mid-1990s she and a handful of other agents tried to persuade state officials to consider creating a wind pool but were met by heavy resistance from major insurers. One problem with the wind pool approach, Amick acknowledges, is that some insurers would stay out of Virginia entirely to avoid having to pay into the pool.

Isabel was for many in Virginia a lesson on why you should pay close attention to the terms of your policy to see where insurers draw the line. In the days after the storm ripped across the state many in affected areas were stunned to find that they were obligated to pay a higher deductible — often thousands of dollars more — if the damage to the property was caused by a windstorm.

These mandatory “wind deductibles” take the place of fixed deductibles if a hurricane strikes. Instead of a $500 deductible, for example, a claimant might have to pay 2 or 3 percent of a property’s total insured value to cover windstorm damage. In recent years insurers have been inserting wind deductibles into policies to protect themselves after $15.5 billion in losses from Hurricane Andrew in 1992.
San Antonio, Texas-based USAA has about 40,000 policyholders in Hampton Roads and other parts of eastern Virginia. It began inserting a 2 percent wind deductible in policies renewed this year, much to the chagrin of claimants, who complained loudly that they weren’t properly notified about the change. Two weeks after the storm, USAA announced it would waive the wind deductible for Isabel-related claims on homes it insures in Virginia and Maryland.

Exactly whether the deductible is applied or not can vary. Some insurers apply them only if the affected property was actually struck by a hurricane. Amick says that for most policies in Hampton Roads, the wind speed measured at Norfolk International Airport defines whether it’s a hurricane or not. Isabel weakened as it came across North Carolina and technically didn’t reach the minimum 74 miles per hour, Amick says.

In Isabel’s wake, property owners at least know more about how a hurricane or other natural disasters might affect them. Hurricanes aren’t that rare; Virginia has felt the affects of about 40 hurricanes in the past 100 years. So a little respect for the power of nature is a good thing, says Kitchin of Hilb Rogal & Hobbs. Businesses shut down for days from loss of power or damaged property should update their “what if” scenario, he says. “It’s as simple as making arrangements for another building or getting your phones back up. Just preparing for the worst. It can happen.”

Return to Virginia Business - December 2003


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