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HomeMy WebLinkAbout07 - Workers Compensation Excess Insurance Coverage & Cost RenewalCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. September 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Human Resources, Lauren Farley, Risk Manager, (949) 644 -3302, fadey@city.newport-beach.ca.us SUBJECT: Workers Compensation (WC) Excess Insurance Coverage and Cost Renewal — Policy Period, 9/1/03 to 9/1/04 ISSUE: Does the City Council approve the City Manager's binding (purchase) of the excess workers compensation insurance coverage? RECOMMENDATION: City Council approves the renewal of WC Excess Insurance Coverage with the SIR of $1 million, coverage limits of $100,000,000 and premium of $434,679 for FY 03/04. DISCUSSION: Background: The city purchases excess workers compensation insurance as a risk - financing tool to protect against catastrophic loss in this area of its benefit obligations. This coverage has been purchased since September 1,1995. The insurance markets continue to be very volatile for all local governments for excess workers compensation coverage and reflect that coverage has become very expensive and limited. In fact, due to the limited number of markets that will write excess WC coverage to California municipalities our final renewal quotes were received on 8/29/03 with expiration of our current coverage on 9/1/03. Some neighboring agencies in Orange County only received one viable quote for this coverage while some other agencies in the state of California received no quotes and now completely self- insure this coverage. The excess workers compensation markets continue to experience similar repercussions as the general liability markets, such as tightening of underwriter standards, a fixed coverage limit (previous available limits were much broader at a statutory level), more exclusions of specific types of coverage, paid losses exceeding earned premium, catastrophic losses in 2001 and still a loss of investment income to offset obligations. Workers Compensation Excess Insurance Renewal September 9, 2003 Page 2 Page 2 Again, the passing of AB 749, effective this January continues to greatly influence this market situation. The increasing of benefits to injured workers by approximately 22% without some measurable reductions in the overall costs of workers compensation claims will continue to negatively impact this coverage. The League of California Cities along with the state's public risk management associations are still working diligently to effect change in clean up legislation to lessen the impact of AB 749 on local governments. The private sector is also very involved in the on going clean up legislation effort. Renewal Quotation: With this situation in the workers compensation arena, staff was able to obtain various comparable quotes for council review (Attachment A). Historically, the City has had very few losses that would reach the SIR level of either the expiring SIR amount of $500,000 or the new SIR amount of $1,000,000. Those claims that reached the lower level SIR only did so by relatively small amounts. Given the longer payout of workers' compensation losses, the City can fund overtime losses between the $500,000 and the $1,000,000 level without major financial disruption. The City's loss experience indicates the probability of large losses is relatively small. However, when losses occur in sufficient size to breach the SIR, the losses have the potential to be of catastrophic portions. The National Union proposal offers the greater protection while allowing the workers compensation internal service fund to retain a certain level of risk within its financial capacity. Therefore, staff recommends the renewal policy from National Union as outlined below: Carrier SIR WC & Employers Liability Premium National Union $1 million $100 million /$1 million $434,679 (AIG) per occurrence for both Coverages Funding Availability: Appropriate funds exist in the budget (# 6010 — 8638) to Attachments: Attachment A cover the expenditure. Subm' d by: 6. Diana Axley, HR Dire for C E L L a U W P. W w O U c 0 id N d0 E N O V E N N o L L N � yJ W N co M 64 0 W a a A E H W 0 O W °o N yak aK N D O O 00 00 1� m m O 7 f0 W 7 F' y W N V M N (O r m N 0-2 m <7 o o W 2 9 O O O O O O O W zU: 7 z O O O O O O O O H 2 ? W a O O O O O O O O z W a a LL f W O O N O O N O LL W N HW 0 fA W J a a W 00 O O O O O O O N O 00 2 W O N O O N O W O O LL N cli r \ O O of z z z z z z z J U \ U r O f f H - W 8 8 O O O O O g g o -oa O ad o W Q fA fA fA fA fA fA fA w r N w a �, J \ J z J W p oo O O N z O o Y 2 i o 0 0 8 0 O 0 O O O p 0 7 Y W� O W J O O O O p O 0 (K yZj J O 3 i N N N N O O O N z 0 Q 6 5S N O to to to to to to to 0 � W p U of U 0 p 0 r0F z O - OO z OZa a a a a N R' U9 O a O Z x a+ + a u`S w v z O z O z O Z O z O z O z O o c O w Z WO z a a a a W> a a a > w o 0 0 o ga O O O o a z O O a ,, w z W O Z U= U ~ N z W 7 W U O 7 N Z ZQ m W y y O O j y O U W W 2 U a N F a a z?d L)i N THE CITY OF NEWPORT BEACH Excess Workers Compensation Marketing And Cost Comparison Overview For Policy Years 1998 -2003 Marketing Comparison: From 1998 through 2001 policy years, we went to a minimum of 6 carriers with Employers Reinsurance being the most competitive each year. In 2002 we went to 7 carriers, with Employers Reinsurance, Hartford and CSAC quoting, and the other carriers, AIG, Safety National, Insurance Corporation of Hanover and General Reinsurance all declining. During the current renewal we went to 6 carriers, with AIG, Ace and CSAC offering quotes and Wexford /Continental declining, Midwest's quote was not a viable option and Safety National no longer provides coverage in California. Cost Comparison: Policy Year Carrier WC Limit EL Limit Retention Premium* Rate 1998 -1999 Employers Statutory $1,000,000 $275,000 $43,625 .1115 Reinsurance 1999— 2000 Employers Statutory $1,000,000 $275,000 $49,552 .1115 Reinsurance 2000 -2001 Employers Statutory $1,000,000 $275,000 $55,143 .1225 Reinsurance 2001 —2002 Employers Statutory $1,000,000 $350,000 $66,660 .1377 Reinsurance 2002 —2003 Employers $25,000,000 $1,000,000 $500,000 $193,953 .3553 Reinsurance 2003 -2004 AIG $100,000,000 1 $1,000,000 $1,000,000 1 $434,679 .7827 j *Premium is developed by applying the rate per $100 of payroll