You are on page 1of 38

Engineering insurance and reinsurance

An introduction
Engineering insurance and reinsurance
An introduction
Contents

1. Foreword 5

2. Engineering insurance – historical reflections 7

3. Engineering classes of business – a summary 9

4. When does engineering insurance begin? 11

5. Non-renewable (one-off) covers 13


5.1 Contractors’ All Risks insurance 14
5.2 Erection All Risks insurance 16
5.3 Contract Works All Risks insurance 18
5.4 Extensions of cover and special clauses 19
5.5 Advance Loss of Profits insurance 23

6. Renewable covers 26
6.1 Contractors’ Plant and Equipment insurance 27
6.2 Boiler and Pressure Vessel Explosion insurance 28
6.3 Machinery Breakdown insurance 29
6.4 Loss of Profits following Machinery Breakdown insurance 30
6.5 Deterioration of Stock insurance 32
6.6 Computer All Risks insurance 33
6.7 Low Voltage and Electronic Equipment All Risks insurance 34

7. Reinsurance 36
7.1 Forms and types of reinsurance 36
7.2 Engineering reinsurance 37
7.3 Engineering treaty wordings – terms and conditions 39
7.4 Recent developments in reinsurance 42

8. Engineering and Swiss Re 45

9. Visual perspectives 46

3
1. Foreword

A well-known dictionary defines There are several specialised publications


engineering as “the activities or function which deal with the individual lines of
of an engineer” and “the application of engineering insurance, but few which
science and mathematics by which the give an overview of this complex and
properties of matter and the sources of extremely interesting branch. This
energy in nature are made useful to bulletin attempts to provide a basic
people in structures, machines, products, introduction to engineering insurance
systems, and processes”. Both of these and reinsurance. It is intended for
definitions have a strong relationship to companies and underwriters who as yet
the words “engineering insurance”, which have no profound experience in this
the insurance industry uses as a collective fascinating field.
term to describe various types of policies
for the protection of construction works,
as well as the erection and operation of
machinery.

5
2. Engineering insurance – historical reflections

The origins of engineering insurance are From 1920 to 1930, some German and
to be found in the inspection of steam British companies introduced a contrac-
boilers. In the nineteenth century, in tors’ policy providing insurance cover for
Great Britain during the industrial revo- buildings and civil works during the
lution, the frequent occurrence of explo- course of construction. Based on this
sions involving serious property damage policy, Contractors’ and Erection All
and loss of life made it necessary to take Risks policies were developed. However,
steps to guard against such dangers. In neither of these types of policies reached
1854, prominent gentlemen interested in any great importance until after World
the use of steam decided to form the Man- War II when postwar reconstruction and
chester Steam Users’ Association. Members development brought these covers to their
were entitled to use the services of boiler present standing.
inspectors who were employed by the
association. This organization not only With the advance of technology, other
gave advice on how to prevent explosions engineering policies such as Computer
but also undertook to guide its members All Risks, Low Voltage and Electronic
in the most advantageous and economi- Equipment All Risks, and Deterioration
cal method of using the plant. This of Stock following Machinery Breakdown
principle is still maintained today. Plant were developed, along with business
owners can call upon the engineer- income protection covers such as Advance
surveyor for advice and suggestions on Loss of Profits, written in conjunction
plant operation and maintenance. with Contractors’ All Risks and Erection
All Risks policies.
Though the Manchester Steam Users’
Association rendered valuable services, it Today, new engineering insurance pro-
was not an insurance company. In 1858, ducts are being sought. New insurance
however, in response to an evident need, needs are arising in respect of risks such
certain members founded the first engi- as prototype machinery, contractual
neering insurance company, the Steam liabilities and guarantees, and certain po-
Boiler Assurance Company. This com- litical risks (expropriation, confiscation,
pany started with the insurance of boi- change of law etc) which have so far been
lers, and its lead was soon followed by considered uninsurable. These needs have
the formation of similar companies. At been largely brought about by the after-
first only boilers were insured, but covers math of new project finance methods, and
were gradually extended to pressure ves- the transfer of these risk elements is often
sels of various kinds. Engine Insurance imposed by project financiers. In order
(known today as Machinery Breakdown to meet this demand, new insurance solu-
insurance) began in 1872, and both boil- tions – for example in the fields of non-
er explosion and engine covers rapidly vitiation, liquidated damages, availability
spread to other industrialised countries. and performance guarantees – have been
and are being developed. At Swiss Re, we
By the beginning of the twentieth believe that engineering insurance will
century, the first insurance policies for continue to evolve. The engineering in-
loss of profits following machinery surance industry will undoubtedly have to
breakdown were being issued. At the remain flexible and adapt itself to new
same time, erection insurance (covering insurance needs as a result of the huge
the on-site erection and assembly of technological advances which the world
machines) appeared. The policy was on a is facing.
“named perils” basis and did not cover
fire, but it offered reasonable protection
for small and medium-sized erection
projects.

7
3. Engineering classes of business – a summary

The classes of business under the collec- In principle, there are business income
tive heading “engineering insurance” can protection covers which dovetail with
be categorised as either property or practically all engineering property
business income protection policies; and covers. However, in this publication only
as either non-renewable or annually the most common types are dealt with,
renewable covers: bearing in mind that engineering insur-
ance is essentially a material damage
cover.

Property covers Abbreviation Some of the policies are of the broad,


all risks type (property insurance against
Contractors’ All Risks CAR 1 physical damage by all risks of loss
(synonyms: Builders Risks, Course of Construction) except those specifically excluded), which
Erection All Risks EAR 1
offer protection against human and
Contract Works All Risks CWAR 1
technical errors and the perils of nature.
Contractors’ Plant & Equipment CPE 2
Certain combinations of cover are also
Machinery Breakdown (synonym: Boiler and Machinery) MB 2
possible: for example cover for contrac-
Boiler & Pressure Vessel Explosion BPVE 2
tors’ plant and equipment may be
Computer All Risks COMP 2
endorsed to CAR, EAR and CWAR
Low Voltage & Electronic Equipment All Risks LVEE 2
policies, or boiler and pressure vessel
explosion to an MB policy.
Business income protection covers
Annually renewable engineering property
Advance Loss of Profits in conjunction with CAR, EAR, CWAR ALOP 1 and business income protection covers
Loss of Profits following MB MLOP 2 are also encountered under Industrial All
Deterioration of Stock following MB DOS 2 Risks (IAR) policies – a multiline package
policy which can include fire, marine,
1 = Non-renewable (or one-off) covers liability and engineering. It is usually
2 = Annually renewable covers bought by large industrial or commercial
enterprises to protect all of their installa-
tions, whether at home or abroad. Policy
forms are either standard or tailor-made
although one form customarily domi-
nates in each country. The main problem
lies in interpreting the cover: all possible
risks – even unknown ones – are insured
unless explicitly excluded. Loss adjust-
ment can also cause headaches, especially
in the field of business income protec-
tion. Therefore, if written, it is impera-
tive to ensure that the cover concept is
transparent, that the IAR policy does not
undermine the conditions usually appli-
cable to the respective mono-line covers,
that risk assessment is carried out sepa-
rately for each type of mono-line, that
the premium is commensurate with the
risk, and that no technically unjustified
discount is given.

9
4. When does engineering insurance begin?

Most projects usually start with a more of the annually renewable types of
feasibility study. The CAR, EAR or engineering policies provide cover during
CWAR policy (sometimes in the operational phase. The exception
conjunction with an ALOP cover) to this flow is the annually renewable
incepts at the beginning of the CPE policy which, depending on what is
construction or erection phase and ends actually insured, may be in force during
upon completion of the project. Then, either the construction/erection phase or
depending on the type of risk, one or the operational phase, or both.

From feasibility study to operation

Off-site activities On-site activities


Phase

Feasibility study Transport Construction Operation


Design Erection
Manufacturing Commissioning/testing
Possible covers

Fire & Extended Coverage Marine Contractors’ All Risks (CAR) Fire & Extended Coverage
Professional Indemnity Storage Erection All Risks (EAR) Fire Loss of Profits
Contract Works All Risks (CWAR) Liability
Advance Loss of Profits (ALOP) Contractors’ Plant
Contractors’ Plant and Equipment (CPE)
and Equipment (CPE) Boiler and Pressure
Vessel Explosion (BPVE)
Machinery Breakdown (MB)
Loss of Profits
following MB (MLOP)
Deterioration of Stock
following MB (DOS)
Computer All Risks (COMP)
Low Voltage and Electronic
Equipment All Risks (LVEE)

Engineering insurance involvement


Engineering covers

11
5. Non-renewable (one-off) covers

Non-renewable policies are concluded • In the event of any occurrence which


for projects under construction and/or might give rise to a claim under the
erection. The sums insured for such pro- policy, the insured must immediately
jects can easily reach millions of dollars, advise the insurers and supply all
resulting in a real need for insurance particulars and proofs of claim as may
cover for principals and contractors be required.
alike. In some markets, it is compulsory
to insure construction and erection General exclusions
projects. Most financial institutions will • Liquidated damages or penalties for
not provide financing unless the project delay or detention, or in connection
is protected by a suitable policy. with guarantees of performance and
efficiency; loss of market.
The period of insurance for all non-re- • Wilful act or omission or gross
newable covers – that is, the construction/ negligence of any director, manager or
erection phase of a project – commences responsible site official.
immediately after the unloading of pro- • Nuclear risks: losses arising from
perty to be insured on the site, or with ionising radiation or contamination by
the onset of the insured contract work. It radioactivity from any nuclear fuel or
ends for any part of the contract works from any nuclear waste from the
when handed over to the principal, or combustion of nuclear fuel, as well as
when taken into use, or on the date losses caused by or contributed to or
specified in the policy wording, which- arising from nuclear weapons material.
ever occurs first. Therefore, the actual • Political risks such as war, civil war,
period of insurance is determined by the civil commotion, etc.
construction/erection time schedule.
The common features of projects insured
All non-renewable policies have certain under non-renewable policies are
general conditions and general exclu- normally limited to similarities in
sions. Some of the main points are as construction/erection and/or the type of
follows: risk. However, this is not sufficient to
establish premium rates. The topog-
General conditions raphy, geology, hydrology and natural
• The insured shall take all reasonable perils exposure of each particular risk,
precautions to prevent loss, damage or fire protection measures, and several
liability and to comply with sound other technical factors, all have a con-
engineering practise, statutory require- siderable influence on hazards during
ments and manufacturers’ recommen- construction/erection, and thus on the
dations designed to ensure the safe premium rate. Therefore, except for
working of plant and equipment. simple, homogeneous risks such as one-
Furthermore, the insured must also storey or two-storey residential houses, it
maintain in efficient condition all is not possible to establish rating
contract works, plant, machinery and manuals with fixed tariffs. More com-
equipment insured by the policy. plicated risks must be assessed indivi-
• The insured is obliged to immediately dually. Rating guides based on expe-
inform the insurers of any material rience and statistical analysis help the
change of risk (changes in the sums in- underwriter to assess risks, but the final
sured, construction/erection time sche- premium rate must be determined
dule, design criteria etc). This is individually using information provided
extremely important because such ma- by the insured. To ensure that infor-
terial changes in the risk itself can af- mation is supplied in complete and
fect the insurer’s exposure, and thus it useful form, the insurer provides detailed
may have an effect on the terms and questionnaires to be filled out, and may
conditions previously agreed for the request plans and drawings.
risk.

13
5.1 Contractors’ All Risks insurance (CAR)

Contractors’ All Risks (CAR) insurance Particular exclusions


policies cover all types of building and In addition to the general exclusions,
civil engineering construction and offer CAR policies also exclude normal
protection against the hazards which making good, normal upkeep, conse-
may threaten works under construction. quential loss of any kind or loss of use,
Most construction projects include damage to plans, losses only discovered
certain elements of machinery erection during the course of an inventory, wear
(eg installation of air conditioning and and tear, corrosion, erosion, deteriora-
lifts in buildings). If such erection works tion due to lack of use, and normal
are of an ancillary nature (not over atmospheric conditions. The basic policy
roughly 10 – 20% of the total project wording also excludes damage caused
value) they can be insured under the by defects in design, plans or specifi-
CAR policy, thereby making it un- cations, as well as direct damage caused
necessary to issue an additional EAR, by defective material or bad
or a CWAR (Contract Works All Risks) workmanship.
policy.
Sum insured
Cover The sum insured is the anticipated value
The policy provides cover on an all risks (usually referred to as the “total contract
basis for physical loss or damage to the value”) of the completed works including
insured property, providing such loss or materials, salaries, transport, custom
damage is of an unforeseen and duties and taxes, plus the value of any
accidental nature, and is not otherwise material or labour supplied by the prin-
excluded from the scope of the policy. cipal. During the course of construction,
the insured is obliged to advise the
Insured parties insurers immediately of any change in
In most cases, the project as a whole is the sums insured. Upon completion of
insured. Therefore, the insured parties the project, the final total investment is
(principal or employer, contractors and declared, making it possible to adjust the
sub-contractors) are considered as one provisional premium that was initially
entity (the “joint insured”). charged on the basis of the anticipated
total contract value.
Main hazards
The main hazards covered are: fire and Loss settlement
explosion, theft, burglary, collapse, earth- Loss settlement is made on the basis of
quake, seaquake, landslides, storm and valid bills, documentary evidence and
flood. Certain perils (especially forces of justification, as the case may require.
nature) obviously vary from location to The cost of any provisional repairs will
location, and the likelihood of loss or only be borne by the insurer if such
damage is also influenced by the actual repairs constitute part of the final repairs
type and method of construction. and do not increase the total repair costs.
The cost of any alterations, additions
and/or improvements which may be
undertaken as a result of any loss or dam-
age are not indemnifiable.

14
In repairable damage cases, the basis for • Expenditure incurred in repairing or
loss settlement is the cost of the repairs replacing any work or property
necessary to restore the property to its covered or coverable under the
condition immediately before the material damage section of the policy.
covered occurrence, less salvage. Total • Liability arising out of loss or damage
losses are settled at the actual value of to any property or land or building
the property immediately before the caused by vibration, or by the removal
loss occurred, less salvage – but never or weakening of support, or injury to
exceeding the sum insured stipulated in any person or property occasioned by
the policy, of course. or resulting from any such damage.
(Under certain circumstances and
Claims are subject to a monetary excess, against payment of additional pre-
or deductible, borne by the insured. mium, this exclusion may be waived –
Most policies stipulate different excesses and limited cover offered – by way of
according to defined groups of perils, eg an endorsement to the policy.)
major perils (loss due to forces of nature • Also excluded is liability arising out of:
or collapse); consequences of defective a) bodily injury to, or illness of, the
material/workmanship; and all other employees or workmen of the
types of claims. The reasons for excesses contractor(s), or the principal, or
are twofold: firstly to eliminate small any other firm connected with the
claims, where administration costs often contract work;
can exceed the claimed amount itself; b) loss or damage to property
and secondly, to ensure that the insured belonging to, or held in the care,
will comply with his obligation to avoid custody or control of, the con-
claims by taking all reasonable precau- tractor(s), or the principal, or any
tions to prevent loss or damage. other firm connected with the
contract works, or of any employee
Third party liability or workman of one of the aforesaid;
Contractors and subcontractors should c) any accident caused by vehicles
have annually renewable general liability licensed for general road use, or by
policies to protect their construction waterborne vessels or aircraft;
activities against claims made by third d) any contract or agreement, unless
parties. However, in some countries it is such liability would have attached
common for CAR policies to include a in the absence of such contract or
restrictive third party liability section. agreement;
This section protects the insured against e) technical or professional advice
third party claims for any bodily injury given by the insured or by any
or property damage caused by construc- person acting on behalf of the
tion activities. The intention behind a insured.
CAR policy’s third party liability section
is not to replace Contractors’ General
Liability policies. The section should
operate as a subsidiary cover only, and
there are a number of important
exclusions:

15
5.2 Erection All Risks insurance (EAR)

Erection All Risks (EAR) policies cover Main hazards


the erection of individual machines or The variety of hazards threatening erec-
complete plants – ranging from complete tion works vary according to the type of
power stations to lifts and air condition- works and location. If machinery erec-
ing equipment. The policy wording is tion takes place in buildings – and many
similar to CAR. Many erection projects projects do – the exposure to forces of
call for a certain amount of ancillary nature (except flood and earthquake) is
construction work (eg foundations for usually less pronounced than in CAR.
the machines to be erected, or a building One main hazard is fire or explosion,
to house them). If the value of such especially during the final erection phase
construction work does not exceed when values at risk accumulate, or
approximately 10 – 20% of the total during testing when raw materials and/or
project value, it can be covered under feedstock are introduced. Equally serious
the EAR policy together with the is machinery breakdown during the test-
machinery. ing and commissioning period. The
possibility of substantial mechanical
Cover damage occurring during this phase
EAR policies provide protection on an should not be underestimated.
all risks basis, including cover for the
testing and commissioning of the erected Exclusions
machines – providing that they are not The exclusions are basically the same as
considered prototypes. Similar to CAR, under CAR policies.
EAR covers physical loss or damage of an
unforeseen and accidental nature, which Sum insured
is not otherwise excluded from the As in CAR, the initial sum insured is the
policy. In contrast to CAR, however, anticipated value of the completed
EAR policies also cover faults in erection works. If necessary, it must be adjusted
(ie bad workmanship occurring at the during the course of erection. The final
erection site itself ). total investment is declared upon com-
pletion of the project. This permits final
Insured parties adjustment of the provisional premium,
The insured parties are as in CAR, with which is charged initially on the basis of
the addition that the machinery manu- the anticipated total contract value.
facturer may be included as an insured
party if he performs a function on the Loss settlement and third party
erection site. However, cover is limited liability
to accidents originating from on-site The comments made for CAR are also
activities. The off-site design work and valid for EAR.
actual manufacturing of the machines at
the manufacturer’s premises are not
covered.

16
Definitions Commissioning*
Cold-testing (functional testing) The taking into operation or the putting
The checking of parts and elements of under load of insured property or any
insured property by mechanical, electri- part thereof with feedstock or other
cal, hydrostatic, or other forms of testing materials for processing; or in electrical
under “no load” conditions. Correct power stations, the connection to a grid
rotation of electrical motors is to be or other load circuit of electrical
checked before coupling them to generating, transforming, converting or
machines. Cold testing excludes the rectifying equipment.
operation of furnaces or the application
of any direct or indirect heat, the use of Commissioning test, acceptance test*
feedstock or other material for process- Operation of insured property under
ing. In electrical power stations, cold production conditions for the purpose of
testing excludes connection to a grid or attaining performance (quantity, quality)
other load circuit of electrical generating, specification requirements.
transforming, converting or rectifying
equipment. * For insurance purposes, these three
definitions are collectively known as
Hot-testing (operational and the “Testing Period”.
commissioning tests)*
The checking of parts, elements and/or
production lines of insured property
under full or partial load and normal or
simulated operational conditions includ-
ing the use of feedstock or other material
for normal processing or other media for
load simulation. In electrical power
stations, hot-testing means checking
after connection to a grid or another
load circuit of electrical generating,
transforming, converting or rectifying
equipment.

17
5.3 Contract Works All Risks insurance (CWAR)

In some projects the sums insured for


the construction part of a project and
the erection part can be roughly equal:
an example would be a hydroelectric
power plant including the construction
of a dam, river diversion and power-
house buildings, and the erection of
turbine generators with coolers, exciters
and all auxiliary equipment. This
normally entails issuing two separate
policies – one for the construction works
and one for the erection of the machin-
ery. However, there is another possibility:
In order to close any possible gaps in
cover and to reduce administration,
Swiss Re have developed a Contract
Works All Risks policy which is a combi-
nation of the Contractors’ All Risks and
Erection All Risks policies. The insur-
ance protection offered is as described
under Contractors’ All Risks and Erec-
tion All Risks policies (Chapters 5.1 and
5.2).

18
5.4 Extensions of cover and special clauses

There are numerous extensions of cover Furthermore, as it is usual for the prin-
and special clauses which can be applied cipal or owner to conclude a cover for
to CAR, EAR and CWAR policies. fire and extended perils upon completion
Application mainly depends upon the of the project, maintenance endorse-
type of work to be done and the project ments will normally not be called upon
location. The extensions of cover and to pay for fire and natural perils losses
special clauses are endorsed to the basic during the maintenance period.
policy wording by way of specially
worded endorsements. Only the most Debris removal
important and frequently used of these Although debris removal may be found
are described here. as an extension of cover, it is usually
included in the basic policy wording.
Extensions of cover This cover is for the costs incurred by
Maintenance the insured for the clearing, removal
The works contract (that is, the contract and/or disposal of debris (eg bricks and
between the principal and the contractor rubble after the collapse of a building)
which details the work to be carried out) following an event which is insured
often specifies a maintenance period under the policy. The removal of other
(also referred to as the defects liability (extraneous) debris is also covered,
period) which begins at the time the providing such removal is made
works are provisionally handed over to necessary by an indemnifiable loss (for
the principal (ie when construction/ example, the removal of silt following
erection work is completed), and ends flooding). The limit of indemnity is
when the works are finally handed over. expressed as a monetary limit per event;
Contractors often require insurance depending on the type of risk and
cover for these maintenance obligations, location, it usually ranges between 1%
which usually last from 6 to 24 months. and 10% of the total contract value.
It is possible to give such cover by
adding an endorsement to the construc- 50/50 clause
tion or erection policy. There are two Goods in transit to the construction/
main types of maintenance cover: (a) erection site – especially if they are
“visits maintenance”, which covers imported – are usually covered under a
damage which the contractor causes marine policy. Upon arrival at the site,
directly, when he is on-site with the such goods must be inspected for
purpose of complying with his mainte- possible damage during transit. However,
nance obligations; and (b) “extended if the goods are to be left in their
maintenance”, which provides the same packing until later, the packing is
cover as visits maintenance, plus cover inspected visually, and if any external
for damage caused by the contractor sign of damage is found, the goods must
during the construction/erection period be unpacked and inspected immediately.
but first discovered during the mainte- Claims for any damage revealed by such
nance period. Both of these endorse- an incoming inspection can be lodged
ments exclude loss or damage resulting under the marine policy. However, if
from normal, regular duties associated damage is discovered when the goods are
with the proper upkeep and operation of unpacked at a later date, and it is not
the insured property (including normal possible to establish whether the damage
plant management duties and instruction was caused before or after their arrival,
or training of the operating staff ), no settlement is made 50/50 under marine
matter what the contractor’s contractual and construction or erection policies.
obligations may be in this regard.

19
Existing property late completion penalties. These costs
Quite often, existing property is already can be covered by way of a policy
located on the construction or erection endorsement. The sum insured is either
sites, or in the immediate vicinity. If expressed as a limit of indemnity per
such property belongs to the insured – event or a percentage of the repair cost
the principal and/or the contractor(s) – of any damage. The cover may be
or is in their care, custody or control, it extended to include the cost of deliv-
obviously cannot be considered third ering goods by air freight.
party property. However, it is possible to
insure such property against loss or Manufacturer’s Risk (defects in design,
damage directly due to the construction, material and workmanship)
erection or testing of works covered There are a number of clauses which
under the material damage section of the provide various degrees of cover for
construction or erection policy. Loss or defects in the design, material and
damage is not covered if it is caused by workmanship of a project. In most cases
forces of nature, or is due to any cause only the consequences of such defects are
not related to the contract works. All covered which means that the faulty part
consequential losses are also excluded itself is excluded. For example, if during
from cover. The limit of liability is testing one of the blades attached to the
usually expressed as an aggregate limit rotor of a turbine generator set flies off,
for the period of insurance. only damage to the rotor and/or the
turbine casing is covered. The clauses
Contractors’ Plant and Equipment replace the corresponding exclusions in
Most contractors conclude a separate the basic policy wording. An example of
policy for the plant and equipment they a clause providing cover for consequen-
use in the construction or erection of a ces of defective design material and
project. A separate policy is preferable workmanship is as follows:
because the cover is not limited to one
particular site, as is the case with a “This policy excludes loss of or damage
construction or erection policy. However, to and the costs necessary to replace
sometimes the principal or contractor repair or rectify:
will prefer to include their plant and a) Insured property which are in a
equipment under the construction or defective condition due to a defect in
erection policy – especially if special design plan specification materials or
plant is needed to do the job. Such workmanship of such insured property
inclusion is possible by way of a policy or any part thereof.
endorsement which must include a list – b) Insured property lost or damaged to
periodically updated – of the items enable the replacement repair or
covered. The period of insurance com- rectification of insured property
mences with the arrival of the plant excluded by a) above.
on site and ends after notification to the However paragraph a) above shall not
insurer upon its withdrawal. apply to other insured property which
are free of the defective condition but are
Expediting costs damaged as a consequence thereof ”.
Following an indemnifiable claim under
the construction or erection policy, the Cross liability
contractor may have to order overtime, This extension of cover attaches to the
night shifts or work on public holidays; third party liability section of a CWAR,
or it might be necessary to have goods CAR or EAR policy. The widely used
delivered by express freight to keep the term “cross liability” often leads to
work on schedule and avoid payment of confusion about what is actually covered:

20
“separate insured liability” would probab- damage (eg cracks not impairing stabili-
ly be a more accurate expression. The ty); damage which occurred prior to the
purpose of the endorsement is to specify commencement of the insured’s opera-
that any person or body who is named as tions or caused by an event not related
the insured in the policy schedule shall to the insured works; claims directly or
be considered as a separate and distinct indirectly caused by loss or damage to
entity. This means that the words “the underground services (pipes, cables etc.),
insured” shall be considered as applying roads, pavements and other slab-on-
to each such person or body, just as if a ground structures; or swimming pools.
separate third party liability policy had
been issued to each of them in his name Special clauses
alone. However, in no event shall any Existing underground cables
insured be considered as a third party. Existing underground facilities (electric
Thus, if one named insured breaches the cables, telephone cables, water and gas
policy conditions, this will result in voi- pipes, sewers etc) are often present at
dance of the policy for him; however, construction/erection sites, and some-
third party liability cover will still remain times they have to be relocated before
in force for the other named insureds construction/erection commences.
who have not breached the conditions of However, no matter whether they have
the policy. to be relocated or not, it is obviously the
insured’s duty to find out whether such
Vibration, Removal or Weakening of underground facilities run through the
Support site or in its vicinity, in order to avoid
This is also an extension of cover damage. The purpose of this special
attaching to the Third Party Liability clause is to ensure that the insured takes
section of CWAR, CAR or EAR policies. all possible steps to locate such
It extends liability to include the total or underground facilities. Therefore, repair
partial collapse or imminent danger of costs following accidental damage to
collapse to third party buildings and underground facilities are only indem-
structures caused by vibration or by the nifiable if the insured has: (a) requested
removal or weakening of support, subject and obtained the exact position of all
to certain conditions which include: cables/pipes from the public authorities
• The preparation of a report at the or owners of such underground facilities;
expense of the insured on the and (b) traced their existence and indi-
condition of any endangered building cated their location on the site. Conse-
or structure in the vicinity of the quential loss is not covered.
works under construction or erection.
The report must indicate any existing Used machinery
defects and be submitted to the The erection of used (second-hand)
insurers. machinery presents a special risk because
• The condition of any endangered it is no longer under the manufacturer’s
building or structure must be sound or guarantee in most cases. Quite often it is
the necessary loss prevention measures not possible to determine whether the
must have been taken at the insured’s machinery is in first-class condition.
expense prior to the commencement of Therefore, losses due to previous
the works which could endanger the operation and testing/commissioning
third party property. should be excluded from policy coverage.
In addition to these points, the Used
The endorsement does not cover damage Machinery policy endorsement also
to buildings or structures under demoli- excludes damage caused by dismantling,
tion or declared by the relevant public except in cases where dismantling has
authority to be dangerous; superficial been insured under the same policy as

21
the re-erection. However, even then, it Construction of pipelines, conduits and
should be noted that there is no cover mains
whilst the dismantled machinery is being Trenches are excavated prior to the
refurbished or whilst it is in transit from installation of pipelines, cables etc; and
one site to another. Marine insurance in order to avoid excessive damage due
should be arranged to cover the latter to the forces of nature (especially water),
peril. it is common practise to restrict the
length of trench which may be open at
Fire prevention measures any one time. The corresponding policy
During construction and erection, the endorsement stipulates the lengths of
insured property is usually not so well individual trenches, as well as the total
protected against fire losses as compared length of all trenches combined, which
with a completed and operational risk. may be totally or partially open at any
The purpose of the Fire Prevention one time. In the event of a claim, only
Measures endorsement is to ensure that damage which occurs to the agreed
certain basic measures are indeed taken length of totally or partially open
in order to prevent fires. Such basic trenches is indemnifiable. In the case of
measures include the immediate removal pipelines which have been partially laid
of waste material, empty boxes, waste but not properly connected, the endorse-
wood, paper etc from buildings and ment also states that the open ends of
construction/erection works; or the the pipes shall be provisionally sealed at
relocation of any such material, until the end of each working day or when
permanent removal, to the site’s “safe” there is any immediate danger of
side (with respect to the direction of flooding. Otherwise, the expenses for
prevailing winds); the readiness of a clearing and cleaning pipe sections of
firefighting crew and firefighting mud or silt are not covered.
equipment before any machinery,
equipment or interior furnishing is Road construction
stored or installed in the bare structure Similar to the construction of pipelines,
of buildings or machine rooms; the conduits and mains, roads without final
presence of a watchman equipped with surfacing are susceptible to water damage
fire extinguishing equipment; and a (the base materials washing away). There-
direct communication line to the fire fore, the road construction endorsement
alarm centre whenever hot work is done restricts policy liability to certain agreed
(such as welding, flame cutting, the use lengths of work faces which are uncom-
of open fire for the application of hot pleted at any one time.
coatings etc).

22
5.5 Advance Loss of Profits insurance (ALOP)

This type of insurance may also be • extensions and alterations of coverage


encountered under the name CAR/EAR as granted to the material damage
Loss of Profits, Delayed Earnings sections of CAR, EAR and CWAR
Insurance, Delayed Opening of Business, policies, unless otherwise specifically
Delay in Start-up, Loss of Rent, and agreed in writing;
Loss of Interest. It is a business income • restrictions imposed by public
protection cover with the aim of cover- authorities;
ing the principal’s loss of gross profit • alterations, modifications and
resulting from a delay in completion of improvements to the insured works
the construction and/or erection works. that were effected after the occurrence
A prerequisite for granting ALOP is for of the material damage accident;
an underlying CAR, EAR or CWAR • shortage of funds, penalties, delays of
policy to be in force. Normal working supplies, late completion, non-
delays are not covered under ALOP. completion, loss of contract;
• loss or damage to existing property or
Cover objects in the care, custody or control
Cover is limited to the actual loss of of the insured; loss or damage to the
gross profit sustained resulting from a contractors’ plant and equipment; loss
delay in the completion of the project; or damage to operating media and
the delay itself must be caused by a loss feedstock;
covered under a CAR, EAR or CWAR • earthquake, volcanic eruption,
policy. However, the ALOP cover does tsunami, hurricane – unless otherwise
not embrace the full extent of perils agreed in writing.
covered under CAR, EAR and CWAR
policies (see the exclusions). Sum insured
The sum insured is usually either the
Insured party expected annual gross profit, revenue
The insured party is only the principal rent or fixed costs which obviously have
or owner of the project to be constructed to be defined case by case.
or erected as defined in the underlying
CAR, EAR or CWAR policy. Period of insurance
The period of insurance is identical to
Exclusions that of the underlying CAR, EAR or
The special exclusions for ALOP are that CWAR policy, excluding the
insurers shall not be liable for losses maintenance period.
resulting from delay due to:

23
Only one claim per policy

Accident
Anticipated completion date

Actual project completion date


Accident
Accident
Accident

Initial estimated construction period Delay

There can be no more than one claim under ALOP cover. This is because there is only
one project completion date, regardless of the number of material damage losses. It is
this single delay that triggers the insured’s single ALOP claim.

Loss settlement occurrence of the accident. After receipt


The period of delay – which serves as the of sufficient evidence that a delay has
basis of indemnity – starts at the date on been caused by an accident insured
which the project would have been under the CAR, EAR or CWAR policy,
completed had no accident occurred, but indemnification is made on the basis of
not earlier than the originally planned the actual incurred loss of gross profit or
completion date of the construction rental income for the actual period of
and/or erection works as defined in the delay. However, this period must not
CAR, EAR or CWAR policy schedule. It exceed a certain period of indemnity
ends with the actual date on which the (usually 12 months) which is agreed
project is completed, but not exceeding upon inception of the policy. As the
the length of time it takes with the ALOP policy is subject to a time excess,
exercise of due diligence and dispatch to the indemnifiable amount has to be
rebuild, repair or replace such part of the reduced in the same proportion as the
property which has been lost or damaged period of delay less the time excess bears
to its condition immediately prior to the to the period of delay.

24
6. Renewable covers

Renewable covers are concluded for • In the event of any occurrence which
installations, equipment and machinery might give rise to a claim under the
once they are ready for commercial policy, the insured must immediately
operation, ie after completion of con- advise the insurers and supply all
struction/erection and upon successful particulars and proofs of claim as may
testing and commissioning. Policies are be required.
usually renewable annually. Hence,
contrary to non-renewable covers, it is General exclusions
possible to review the terms and condi- • Damage arising out of wilful act,
tions every 12 months. wilful negligence by the insured or its
management.
Such policies have their own peculiarities • Faults or defects existing at the time of
in respect of the actual scope of cover commencement of the insurance
granted. These are more fully described policy which are within the knowledge
in the following chapters on the indivi- of the insured or its management.
dual types of cover generally available. • Loss or damage for which the manu-
However, similar to non-renewable facturer or supplier of the property is
covers, all renewable policies are subject responsible either by law or under
to certain general conditions and general contractual obligations.
exclusions. Some examples are as follows: • Nuclear risks: losses arising from
ionising radiation or contamination by
General conditions radioactivity from any nuclear fuel, or
• The insured shall take all reasonable from any nuclear waste from the com-
steps to maintain the insured property bustion of nuclear fuel, as well as
in efficient working order and to losses caused by, or contributed to, or
ensure that no item is habitually or arising from nuclear weapons material.
intentionally overloaded. The insured • Political risks such as war, civil war,
shall fully observe the manufacturers’ civil commotion etc.
instructions for operation, inspection
and overhaul, as well as governmental, In many cases it is easier to establish
statutory, municipal and all other correct premium rates for renewable
binding regulations in force concern- covers than for non-renewable risks
ing the operation and maintenance of because proven machinery have many
the insured plant and machinery. common features and are often subject
• In the event of any material change in to similar claims. Therefore, statistical
the original risk; alteration, modifica- analysis has enabled premium rating
tion or addition to an insured item; manuals to be established for various
departure from prescribed operating types of machine or branches of
conditions, whereby the risk of loss or industry. However, due to fast technical
damage increases; or changes in the developments, underwriters today face
insured’s interest (such as discontinua- large problems in rating new or proto-
tion or liquidation of the business, or type machinery, for here little or no
being placed in receivership), the statistical analysis is available. Thus in
policy shall be voided unless its such cases, the involvement of an
continuance is agreed in the form of engineer with in-depth knowledge of the
an endorsement signed by the new technology is indispensable.
insurance company.

26
6.1 Contractors’ Plant and Equipment insurance (CPE)

Construction and erection works often Particular exclusions


call for the use of heavy, specialised In addition to the general exclusions,
machinery such as tunnel boring CPE policies exclude mechanical and
machines, earthmoving equipment, electrical breakdown. However, if an
cranes, pumps, air compressors etc. accident occurs as a result of such a
It is possible to cover such plant and breakdown, these consequences are
equipment by way of an appropriate indemnifiable. Further exclusions are:
endorsement under CAR, EAR or normal wear and tear; lack of oil or
CWAR policies. However, specific items coolant; deposits of rust; exchangeable
of plant are usually only on one tools and parts; fuel etc; vehicles licensed
construction/erection site until the for general road use; waterborne vessels;
particular job for which they are total or partial emersion in tidal waters.
designed for is completed. Obviously,
such jobs do not last for the whole Sum insured
construction/erection period and the The sum insured is the new replacement
plant is moved on to the next site as value of all plant and equipment insured
soon as its job is finished. Therefore, in under the policy, including all freight
most cases, cover granted by means of an costs, custom duties and erection costs.
endorsement to the CAR, EAR or
CWAR policy would not be suitable, Loss settlement
because such policies are limited to loss In case of a partial loss (ie a claim which
or damage caused at one particular does not exceed the actual value of the
construction/erection site only. It is machine at the time of the accident), all
preferable to issue an annually renewable repair costs are indemnified which are
Contractors’ Plant and Equipment necessary to restore the machine to its
policy, because it caters for plant and operating condition immediately before
equipment used at different locations. the accident (less the agreed excess
carried by the insured). Should the
Cover actual value of the machine or part
Cover is on an “all risks” basis, and is thereof be increased due to the repairs,
basically for unforeseen and accidental the indemnifiable amount is reduced by
physical loss or damage due to external taking depreciation into account.
causes (see the particular exclusions).
In case of a total loss (ie when the
Insured party damage exceeds the actual value), the
The owner of the insured plant and indemnity is the actual value at the time
equipment. of the loss (less the excess and any
salvage).
Main hazards
The main hazards are: fortuitous Depreciation is a very important factor
working accidents, fire, burglary, theft, in the settlement of plant and equipment
faulty operation, natural perils such as claims. Especially in the case of mobile
earthquake, storm and flood, collision plant, working enviroments are often
and overturning. extremely hard. Consequently, many
types of plant have a limited life span
and depreciation is much more rapid
than for stationary machines.

27
6.2 Boiler and Pressure Vessel Explosion insurance (BPVE)

This type of insurance provides protec- • Collapse: the sudden and dangerous
tion against the dangers of explosion and distortion (whether or not attended by
collapse of boilers and pressure vessels. rupture) of any part of the plant
The policy is widespread in markets caused by a crushing stress by force of
influenced by the United Kingdom. It is steam or other fluid pressure (other
not so well known in other markets than the pressure of ignited flue gases
where cover is more often provided by unless otherwise agreed in writing).
way of a Machinery Breakdown and Fire
policy. Particular exclusions
The most important particular exclu-
Cover sions are damage or liability caused by:
The cover embraces material damage to explosion of flue gas (unless otherwise
boilers and pressure vessels. In addition, agreed: see “Cover”), hydraulic tests;
it includes cover for material damage to other tests exceeding the maximum
other property belonging to the insured, pressure permitted by the inspecting
third party property damage, and fatal or authority; wilful setting of safety valves
non-fatal injuries to third parties not above that specified by the authorities;
employed by the insured, always pro- failure of individual tubes; and wear and
viding that such loss is a consequence of tear.
a boiler or pressure vessel explosion or
collapse. However, the classical policy Sum insured
excludes damage or liability caused by The classical BPVE policy usually
fire preceding or following explosion, embraces three different sums insured:
as well as natural hazards such as wind- • material damage (value of the boilers
storm, typhoon and hurricane, or and/or pressure vessels);
volcanic and seismic events. • surrounding property
(limit of indemnity);
By way of policy endorsement, flue gas • third party liability
explosion (explosion of ignited flue gases (limit of indemnity).
in boiler furnaces, flues or stacks) may Some BPVE policies show only one
be covered. overall sum insured for the three covers.
In such cases, indemnification follows
Insured party the same sequence until the overall sum
The insured party is the owner of the insured is exhausted: for example, if the
plant. overall sum insured is fully used for the
material damage loss, there is no cover
Main hazards for surrounding property or third party
As the name says, the main hazards are liability.
explosion and collapse, which are often
caused by excessive internal pressure or Loss settlement
lack of water. The definitions of these The basis of loss settlement for material
terms are as follows: damage claims is the cost of repairs
• Explosion: the sudden and violent necessary to restore the property to its
rending of the plant by force of condition immediately before the
internal steam or other fluid pressure accident occurred, less salvage or – in
(other than pressure of ignited flue case of total loss – the actual value of the
gases unless otherwise agreed in property, also immediately before the
writing) causing bodily displacement accident occurred. Surrounding property
of any part of the plant together with and third party liability claims are settled
forcible ejectment of contents. in accordance with the actual loss,
subject to the limits of indemnity. An
agreed monetary excess is deducted from
the indemnifiable amounts.

28
6.3 Machinery Breakdown insurance (MB)

Machinery Breakdown (MB) insurance Sum insured


offers protection against sudden and The sum insured is the new replacement
unforeseen physical loss or damage to value of the insured machinery which
machinery which has been erected and is can be defined as the cost of replacing a
operational or at rest. It is basically an machine by a new one of the same
accident insurance and cannot be capacity, including transport and erec-
construed as a “life insurance” for tion costs as well as taxes and customs
machines. This is because machines have duties.
only a limited life span due to wear and
tear: therefore, machinery owners must Loss settlement
depreciate their machines annually and More than 90% of MB claims are partial
establish reserves for replacement. losses. In case of a partial loss (ie a claim
which does not exceed the actual value
Cover of the machine), all repair costs are
Following an insured event, the policy indemnified which are necessary to re-
pays for all repair costs, provided the store the machine to the operating con-
cost of repair does not exceed the actual dition immediately before the accident
value of the machinery at the time of the occurred, less the agreed excess, which is
loss. In the case of a total loss (ie when- borne by the insured, and any salvage.
ever the repair costs exceed the actual The indemnity includes the costs of new
value of the machinery), the actual value parts where necessary, dismantling and
is indemnified. re-erection costs, ordinary freight
charges, and custom dues and taxes.
Insured party However, whenever the actual value of a
The owner of the machinery. machine or part thereof at the time of
the loss is increased by the repair, the
Main hazards indemnifiable amount is decreased by
The main causes of damage covered taking depreciation into account. This
under MB policies include: fortuitous refers in particular to the rewinding of
working accidents; a machine’s tearing electrical motors, re-blading of rotors
apart due to centrifugal force; short etc.
circuits; defects or faults in design, mate-
rial or manufacturing; and incorrect In the very rare case of a total loss (ie
operation. when the damage exceeds the actual
value), the indemnity is the actual value
Particular exclusions at the time of the loss, less the excess
In addition to the general exclusions, and salvage.
MB policies also exclude corrosion,
erosion, wear and tear; breakdown due
to testing or intentional overloading;
damage for which the manufacturer or
supplier is responsible either by contrac-
tual obligations or law; exchangeable and
consumable items such as fuel, tools,
belts, cutting edges etc; hazards covered
under other types of insurance such as
fire, explosion, earthquake, theft, burgla-
ry etc.

29
6.4 Loss of Profits following Machinery Breakdown insurance (MLOP)

Similar to Loss of Profits following Fire, determined every year on the basis of the
MLOP covers the financial consequences insured’s accounts. As exact figures are
of a machinery breakdown. not known until after the end of the
year, the sum insured is calculated provi-
Cover sionally, on the basis of the preceding
The cover is limited to the actual loss of year’s accounts. This provisional figure
gross profit sustained due to a loss usually includes a safety margin in order
covered under an MB policy, and also to avoid underinsurance. When the exact
insures costs incurred in reducing the figures become available, an adjustment
amount of a claim. is made.

Insured party Period of insurance


The insured party is the owner of the The period of insurance is identical to
machinery as defined in the MB policy. that of the underlying MB policy –
usually one year. Though the actual
Particular exclusions period of indemnification may vary from
The particular exclusions are basically case to case, it rarely exceeds 12 months.
the same as in the MB policy. In
addition, the MLOP policy does not Loss settlement
cover any increase of loss of gross profit The settlement of claims in plants with
due to: bodily injury; circumstances very regular production using common
which are in no causal connection with production lines is fairly straightforward.
the accident (eg delay incurred in ob- In plants with fluctuations of production
taining import licences, foreign exchange and/or where the loss may be reduced by
etc); extensions or improvements of the using existing reserve capacity during or
machinery effected after the occurrence after an insured event, settlement be-
of the accident; lack of capital; or any comes rather complex.
restrictions imposed by public authori-
ties. Claims must be documented by suffi-
cient evidence that the interruption was
Sum insured in fact caused by an accident covered
The sum insured is the gross profit under an MB policy. Indemnification is
which is the annual total of net profit made according to the actual incurred
and standing charges. If required, cover loss of gross profit for the actual period
can be extended to include wages and of interruption, less an amount calcu-
salaries which are added to the standing lated proportionally on the basis of the
charges. The total sum insured is time excess stipulated in the policy.

30
MLOP: sum insured (gross profit)

Net profit

Variable costs such as


● energy Break-even point
● raw materials
● transportation

Turnover

Standing charges:
All costs which accrue irrespective of
whether the plant is operational or not eg
● interest
● rent, amortization, leasing

● salaries and wages (optional)

100% Production 0%

Gross profit = net profit + standing charges

MLOP: basic principles of loss settlement

Previous year Running year

Standard Shortfall
turnover in turnover
Turnover

period X (T/0 x) period Y (T/0 y)

Actual turnover
in period Y
Time
Period A
Resumption of full turnover

12 months Repair time

Indemnifiable
period
Date of accident

Time excess

Loss adjustment formula:

Repair time – time excess


(T/Ox – T/Oy) ✕ Z ✕
Repair time

Gross profit in period A


whereby Z (ie rate of gross profit) =
Turnover in period A

The indemnifiable amount is the sum produced by applying the rate of gross profit (Z)
in period A to the amount by which the turnover during the indemnity period falls
short of the standard turnover (turnover in period X minus actual turnover in period Y).

31
6.5 Deterioration of Stock insurance (DOS)

DOS is special insurance for the protec- Sum insured


tion of perishable goods stored in ware- The sum insured for goods stored for a
house-type cold stores or rooms. The lengthy period of time is normally the
policy is not intended for goods stored estimated selling price on the expected
in retail shops/stores. date of sale. In respect of frequently
changing stock, the sum insured is the
Cover purchase price for the maximum amount
Cover is for perishable goods (eg meat, of goods stored at any one time. In the
fish, vegetables, fruit) stored in cold latter case, the sum insured and pre-
stores which suffer damage as a conse- mium is determined on the basis of
quence of an insured machinery break- monthly declarations.
down accident. Such damage occurs as
a result of rise or fall in temperature, a Period of insurance
change in the concentration of gases or DOS policies are usually concluded for
the action of refrigeration media escap- 12 months. However, the policy schedule
ing from the equipment in cold stores, must show the storage period(s) and the
due to a breakdown of the refrigeration anticipated sales date(s) of the goods in
system or by the loss of cooling media. store.

The policy may be extended to include Loss settlement


losses caused by failure of the public Depending on the sum insured (esti-
power supply, providing that the power mated selling price or purchase price),
supply is usually reliable and that an the indemnity (in the event of a loss) is
emergency power plant is available. either:
a) the difference between the estimated
Insured party average selling price for the insured
The insured party is the owner of the period and the proceeds obtained
goods in store (who is not necessarily the from the goods affected by the
same as the owner of the cold store accident; or
itself ). b) the difference between the purchase
price and the proceeds obtained from
Particular exclusions the goods affected by the accident.
The particular exclusions pertaining to
the DOS policy are shrinkage, inherent If at the time of loss the goods are of
defects or diseases of the stored goods, greater value than the declared sum
natural deterioration or putrefaction of insured, the indemnity is reduced in the
stored goods, improper storage and same proportion that the sum insured
packaging, deviations from designer’s bears to the amount required to be
specifications, overloading of storage insured.
chambers beyond their maximum rated
capacity, and failure of the public power The excess which is usually defined as a
supply unless otherwise agreed by percentage of the loss is deducted from
endorsement. the final loss settlement figure.

32
6.6 Computer All Risks insurance (COMP)

The Computer All Risks policy offers Material Damage section:


complete protection for entire computer • loss or damage for which the seller,
configurations. Due to the inclusion of lessor or maintenance company is
so-called “internal damage” (incorrect responsible;
operation, negligent or malicious acts • loss or damage resulting from the use
etc), the standard policy is not suitable of the insured object after damage has
for personal and portable computers, occurred but before permanent repair
which should only be insured against has been effected;
external damage (fire, forces of nature • normal wear and tear, gradual deterio-
etc). ration due to normal atmospheric
conditions;
Cover • seismic activities (however, earthquake
The policy is of an all risks nature, cover may be included by special
covering unforeseen accidental loss or agreement);
damage from any cause whatsoever other • consequential loss of any kind, or loss
than those specifically excluded. It is of use.
divided into three sections:
• Material Damage to the computer Loss of Data/Data Media section:
configuration itself; • normal wear and tear of media;
• Loss of Data and Data Media covering • erroneous programming, perforating,
the data material itself (tapes, discs, loading or printing;
punch cards etc) and the reconstruction • discarding or erasing of data which has
of such data as a result of an insured not been caused by insured damage.
material damage accident;
• Additional Costs for the continuation Additional Costs section:
of computer operations following an • costs for loss containment unless
insured material damage accident otherwise agreed with the insurer;
using other installations including • costs arising from circumstances which
rent, overtime and data media. are not connected with the insured
material damage;
The Loss of Data/Data Media and Addi- • consequential loss such as loss of
tional Costs sections are optional, but market or interest.
cover cannot be purchased without the
corresponding Material Damage section. Sums insured
Material Damage: the new replacement
Insured party value of the computer configuration.
As computers are either bought, leased Loss of Data/Data Media: a reasonable
or rented, the insured party may be the limit of indemnity based on the estima-
owner, or the leasing or rental company, ted cost of a loss.
depending on who concludes the policy. Additional Costs: A limit of indemnity
based on the estimated costs per day
Main hazards multiplied by the number of working
The main hazards are fire, water damage, days per year, or alternatively, a first loss
theft and faulty or incorrect operation. basis.

Particular exclusions Loss settlement


The particular exclusions for each of the Material Damage claims are settled on
three sections are listed below. the same basis as described under
Machinery Breakdown. Loss of
Data/Data Media and Additional Costs
claims are settled according to the actual
loss, but obviously cannot exceed the
limits of indemnity stipulated in the
policy.

33
6.7 Low Voltage and Electronic Equipment All Risks insurance (LVEE)

This insurance basically follows the Main hazards


Material Damage section of the The main insured perils are incorrect
Computer All Risks Policy, and offers operation, burglary, theft, faulty design
protection for all types of electronic and material, short circuit, excessive
equipment such as telephone exchanges, voltage, fire, forces of nature except
electronic measuring equipment and seismic activities (however earthquake
hospital equipment. may be included by way of endorsement)
and any damage caused by water.
Cover
The policy covers unforeseen accidental Particular exclusions
loss or damage on an all risks basis. These are the same as the Material
Damage section of Computer All Risks
Insured party policies.
The owner of the insured equipment (or
in certain cases the renting or leasing Sum insured
company). The sum insured is the new replacement
value of the electronic equipment as
specified in the policy schedule.

Loss settlement
Loss settlement follows the conditions as
stipulated for Machinery Breakdown.

34
7. Reinsurance

7.1 Forms and types of reinsurance

Engineering reinsurance methods are no reinsurance). Therefore, if a reinsurer


different from those used for other accepts 90% of a risk, for example, and
classes of insurance such as fire or the retention of the insurance (ceding)
casualty. Reinsurance is either placed on company is 10%, both premiums and
a facultative basis, an obligatory basis or claims are distributed in the same ratio
a combination of the two. 90:10, ie proportional to the
corresponding commitments.
Forms of reinsurance
Facultative reinsurance is the oldest form In proportional reinsurance, the price
of reinsurance. Risks are reinsured the reinsurer pays for receiving the
individually, whereby the insurance business is the “reinsurance commission”.
company can freely decide if it wants to This commission, which the reinsurer
reinsure a particular risk or not. The pays to the ceding company, is normally
reinsurer, too, may decide without any expressed as a percentage of the original
obligation whether he wants to accept in gross premium. Originally, the idea
reinsurance, or decline the offered risk. behind this commission was to help the
Facultative reinsurance is used in cases insurance company with its acquisition
where, after the insurer has used up both and operating costs – which a reinsurer
its retention (the amount which it is does not have to the same degree. Such
prepared to bear for its own account) costs include agents’ commissions,
and the capacity available to it under administration, and claims adjusting
obligatory reinsurance programmes (if costs (except external expertise and court
any), there is still a surplus amount costs). However, in today’s competitive
needed to make up the risk’s total sum marketplace, the nature of the reinsur-
insured. It is also used for risks or perils ance commission has become more
which are excluded from obligatory commercial, and underwriting results
reinsurance programmes. form part of the criteria for agreeing on
the actual percentage.
Obligatory reinsurance is treaty (contract)
reinsurance for portfolios. In obligatory In non-proportional reinsurance, no
reinsurance, the direct insurer is obliged proportional distribution of premium
to cede to the reinsurer a contractually and claims is fixed between the ceding
agreed share of the risks defined in the company and reinsurer in advance.
reinsurance treaty. The reinsurer is Distribution of a claim depends on the
obliged to accept that share: hence the actual claims amount. The amount of a
term “obligatory”. The reinsurer cannot claim which a ceding company is pre-
therefore refuse to provide insurance pared to bear for its own account is
protection for an individual risk falling contractually agreed. This is known as
within the terms and conditions of the the “deductible” or “excess point”. That
treaty. Nor may the direct insurer decide part of a claim which exceeds this
not to cede such a risk to the reinsurer. deductible is borne by the reinsurer up
As a rule, obligatory reinsurance treaties to an agreed limit. As price for this
are terminable on an annual basis. reinsurance cover, the reinsurer expects
to receive an adequate portion of the
Types of reinsurance original premium. In calculating this
In every type of proportional reinsurance, price, the reinsurer takes into account
premium and claims are shared between the claims experience made during the
the insurance company and the reinsurer previous years (= experience rating) or
in the same proportion as stipulated in the future loss expectancy according to
the contractual agreement. According to the kinds of risks involved (= exposure
the type of contract, this proportion is rating). The reinsurer is only obliged to
identical for all risks ceded to the pay when the reinsured portfolio or
contract (quota share), or it can vary reinsured risk suffer losses which exceed
from risk to risk (all other proportional the excess point.

36
7.2 Engineering reinsurance

Although in recent years there has been a Quota share treaty


certain trend towards non-proportional In quota share treaties, the reinsurer
reinsurance, engineering risks are mainly accepts a fixed percentage (ie quota) of
reinsured on a proportional basis. The all insurance policies which fall within
reasons lie in the nature of the portfolios, the scope of the contractually specified
which are usually unbalanced (mixture terms and conditions of the treaty. This
of non-renewable and annually renew- quota is decisive for the distribution of
able risks; long-tail – ie several years liability, premium and claims between
duration – for CAR and EAR risks; the the ceding company and the reinsurer.
relationship between premium generated
and exposure; and the large reinsurance This type of reinsurance treaty is easy to
capacity needed to cover risks with ex- operate and administration costs are low.
tremely large sums insured). Some large Its disadvantage is that it does not take
insurance companies do have non-pro- into account the different reinsurance
portional reinsurance programmes but needs of a ceding company because
their portfolios are large and diversified, everything is tied to fixed percentages. In
giving enough balance to enable them to particular, quota share reinsurance
conclude such programmes. treaties do not help to balance a
portfolio; that is, they do not limit the
The form of proportional reinsurance exposure posed by peak risks (for
cover most commonly encountered in example, those with very high sums
engineering reinsurance is the surplus insured). By the same token, the quota
treaty, although quota share treaties are share treaty may function in areas where
also widespread. Quite often, these two reinsurance cover may not be really
types of treaties are combined into one necessary. Under certain circumstances,
reinsurance programme. Proportional this can restrict the ceding company’s
facultative reinsurance plays a very impor- profit. Despite these disadvantages this
tant role for the placement of amounts type of treaty is often used to cover
which exceed normal treaty capacities. engineering risks – especially when a

Risk sharing under a quota share treaty

Liability

1200

Reinsurer's
quota share
30% 900

Reinsured's
retention 600
70%

300
Currency
unit

Risks

37
new class of business is being marketed liability must be established as well: this
or the engineering portfolio is in the is done by forming “surpluses” defined as
development phase. As in such cases an agreed number of lines, where one
claims experience is not available, calcu- line is equal to the ceding company’s
lation of the premium can be uncertain. retention for that particular type of risk.
With quota share treaty reinsurance, the The same ratio which results when a risk
reinsurer assumes part of this uncer- is distributed into the retention and
tainty. In addition, quota share treaties reinsurance cession is then used in
are suited to keep the risk of random distributing liability, premiums and
fluctuation and the risk of change over a claims between the ceding company and
whole portfolio within acceptable limits. the reinsurer.

Surplus treaty The surplus reinsurance treaty is an


With the surplus treaty, in contrast to excellent aid for the insurance company
quota share treaties, the reinsurer does in creating a balanced portfolio. Because
not participate in all risks. The ceding the retention can be set according to the
company retains risks up to a certain type of risk and the claims expectancy,
maximum limit (called a “line”) for its this type of treaty allows the insurance
own account. The retention can vary company to bring a risk it has accepted
according to the type of risk. Liability into line with its financial means. The
for amounts which exceed the ceding disadvantage of the surplus treaty is that
company’s retention (ie amounts in it is complicated to administer. Costs are
excess of one line) are assumed by the therefore high unless computer support
reinsurer. The reinsurer’s maximum is available.

Risk sharing under a surplus treaty

Liability

1500

eg Facultative
reinsurance 14.3% 3.2%
1200 9.1%
Reinsurer
3 lines = 900
900

64.3% 68.2% 72.6% 75%


600
62.5%
46.4%
300 25%
Reinsured
1 line = 300 21.4% 22.7% 24.2% 25% 37.5% 53.6% 75% 100%
Currency
unit

Risks

38
7.3 Engineering treaty wordings – terms and conditions

The wording of engineering reinsurance Claims consultation


treaties is basically the same as for other In order that the ceding company may
lines of business. However, the under- draw on the reinsurer’s world-wide
writing and reinsurance for engineering experience in the settlement of claims,
risks is in some ways different from a claims consultation clause is often
traditional lines. These differences can be incorporated into the treaty wording:
summarized as follows:
• lack of spread due to the relatively low “Claims affecting this treaty are settled
number of risks; in consultation with the Reinsurer
• exposure to technological changes such whenever a claim is likely to exceed…
as new materials, new methods of (an agreed amount). This consultation
construction, prototype design, new shall commence at once whenever a
dimensions, higher temperatures etc; claim of the aforementioned magnitude
• often above average exposure to is brought to the knowledge of the
hazards of nature and the long-tail Company”.
nature of CAR and EAR insurance.
Treaty capacity
These points make it worthwhile to Compared to fire, engineering reinsur-
examine the following treaty terms and ance treaties are usually quite unbal-
conditions: anced. A typical fire treaty produces a
premium volume-to-capacity ratio of
Conditions of cessions around 1 :1 or 1 :2 whereas the ratio for
In other lines of business such as fire or engineering treaties is around 1 :10 and
casualty, many markets have associations can even reach 1 :30 or more. The main
or bodies which prepare policy wordings reason for this is that cessions of CAR
and rating tariffs that are generally and EAR risks are erratic because of their
followed by local insurance companies. non-renewable nature, and their sums
Apart from a very few markets, this does insured can vary from modest to extreme-
not hold true for engineering. Further- ly high.
more, in many insurance companies,
engineering insurance does not produce The annually renewable risks such as
a large share of the premium income. Machinery Breakdown and Computer
Consequently, because of cost reasons, All Risks present a more balanced range
underwriting is often handled by the of sums insured, and treaty capacity is
Miscellaneous department. This usually based on a company’s portfolio
obviously restricts the accumulation of for these classes of business.
know-how. On the other hand, a
professional reinsurer such as Swiss Re Clearly, capacity may be increased by
with a separate Engineering department concluding a second surplus treaty over
is able to accumulate a wealth of and above an existing first surplus; but
underwriting know-how because of its unless the number of cessions is large
large, world-wide portfolio. Therefore, it enough and the relationship of such
is not unusual for the reinsurer to additional capacity to the average ex-
provide its ceding company with policy posure is fairly balanced, it is preferable
wordings and rating guides with the to make use of facultative capacity for
corresponding underwriting information sums exceeding the first surplus treaty
and instructions. The relevant clause in limits, because engineering risks are
the treaty wording reads as follows: often heavily exposed and one single loss
may ruin treaty results for many years.
“The Reinsurer furnishes the Company
with the policy conditions and rating
principles for the business ceded to this
treaty; the Company binds itself to apply
their rules and premium rates”.

39
Portfolio withdrawal in case of treaty ceded premium volume and unused
cancellation treaty capacity. The following examples
In most property treaties, the portfolio is illustrate how the table of retentions
operated on a “clean-cut” basis. This should be applied.
system is not suitable for engineering
business because especially in respect of For the purpose of these examples, we
CAR and EAR, policies can be of many will assume that a surplus reinsurance
years’ duration. The premiums earned treaty is in force with the following
increase with the gradual completion of capacity:
the works, with a disproportionate share
allocated to the final stages of construc- Maximum retention: 100 000 for the
tion or erection, where the major loss best class of risk
potential lies (higher values at risk). 1st surplus capacity: 10 lines equal to
Calculations of the unearned premium 1000 000
can be made; but as they have to be
made individually for every risk, this can a) Machinery Breakdown insurance,
be very time-consuming. Therefore, as treaty reinsurance cession example
far as CAR and EAR are concerned, risks
are run-off to their natural expiry. For Risk: Beer brewery
annually renewable covers such as Total sum insured: 5 000 000 comprising
Machinery Breakdown, treaty cover 25 machines plus auxiliaries such as
continues to the next original policy piping, instrument panels etc.
renewal date. Highest value of the individual
machines: 1 000 000
Table of retentions Premium rate: 5‰ of 5 000 000 = 25 000
Engineering treaties usually have a table
of retentions. Its main purpose is to We will assume that a beer brewery is
create an optimal balance in the compa- classified as a risk where 100% of the
ny’s retained account and to limit rein- retention may be used.
surance treaty capacity for heavy risks
with a large loss potential. It also stipu- One cession method would be to cede
lates that third party liability (when each insured machine separately accor-
written in conjunction with and forming ding to their individual sums insured. As
part of CAR, EAR and BPVE policies) is many items would have sums insured
retained and ceded in the same propor- which are equal to or less than the reten-
tion (percentage) as the material damage tion, the treaty would only be exposed to
section of such policies. machines which have individual sums
insured in excess of 100 000. This is
It is important for the table of retentions antiselection, and contrary to the princi-
to be used properly, and for the ceding ples of a proportional treaty.
company and reinsurer to discuss its
function and application together. Another method would be to base the
Incorrect application can result in a low cession calculation straightaway on the
total sum insured. This would produce
the following result:

Sum insured Premium %


Retention 100 000 500 2
1st surplus (10 lines) 1 000 000 5 000 20
Facultative placement 3 900 000 19 500 78
Total 5 000 000 25 000 100

40
This method results in too little retained Cession calculations are governed by the
premium for the ceding company, and machine with the highest individual sum
quite often, an unnecessary facultative insured because plants insured under
placement. Machinery Breakdown are very rarely
subject to total losses. Most claims are
The best method is to make initial partial and affect one machine only.
calculations based on the machine with Therefore, although the limits have
the highest sum insured (in this example effectively been exceeded, there is no
1000 000) and apply the resulting undue overexposure to the retention or
percentages to the total sum insured: the treaty.

Retention : 100 000 = 10 % of 1 000 000 The cession method described above
1st surplus (max. 10 lines) : 900 000 = 90 % of 1 000 000 only applies to Machinery Breakdown.
It cannot be used for other classes of
engineering business. For instance, CAR
Retention/treaty cession and EAR cessions are based on the total
Sum insured Premium %
sum insured of the material damage
Retention 10% of 5 000 000 500 000 2 500 10
section of the cover plus all endorse-
1st surplus: 90% of 5 000 000 4 500 000 22 500 90
ments which carry a sum insured. This is
Total 5 000 000 25 000 100
because contrary to Machinery Break-
down, such risks can suffer a total loss.
In case of a claim, distribution would be
in exactly the same proportion, ie 10 % b) Contractors’ All Risks Insurance,
of the claim is allocated to the retention treaty reinsurance, cession example
and 90% to the 1st surplus treaty.
Risk: Road works
When comparing the cession methods Sums insured:
described above, one notes that the Construction works
last method fulfills certain important (estimated total contract value): 2 900 000
criteria: full treaty capacity has been Debris removal
used as far as possible, premium has (limit of indemnity): 50 000
been correctly allocated, and there is no Contractors’ Plant
and Equipment: 50 000
antiselection because all machines have
Total sum insured: 3 000 000
been ceded proportionately. Additionally,
there is no need for facultative reinsurance
TPL limit: 200 000
in this example, which obviously will
Premium rate: 6‰ of 3 000 000 = 18 000
save administrative costs.

One can of course argue that the reten- We will assume that the table of
tion and treaty capacity have been retentions allows 75% of the treaty
exceeded. However, in Machinery Break- capacity for this type of risk. The
down treaty reinsurance, it is not really retention is therefore
the total sum insured that counts. 75 000 (75% of 100 000).

Retention/treaty cession
Sum insured TPL Premium %
Retention 75 000 5 000 450 2.5
Surplus 10 lines 750 000 50 000 4 500 25.0
Facultative placement 2 175 000 145 000 13 050 72.5
Total 3 000 000 200 000 18 000 100

41
7.4 Recent developments in reinsurance

The traditional types of reinsurance than expected.


described previously in this chapter are • Multi-year contract term:
widely used at present for placing engi- Many traditional reinsurance contracts
neering risks. These types of reinsurance are agreed, at least initially, for a one-
will definitely continue to be applied in year period (though they may run
the future but they will be comple- for much longer). However, multi-year
mented by alternative risk transfer via contracts can provide cedents with
finite reinsurance. Finite risk reinsurance long-term cover under reliable condi-
is based on the same instruments as tions, and furnish finite risk reinsurers
traditional reinsurance. However, it does with a continued flow of premiums.
have certain distinguishing character- This provides both parties with consi-
istics. These include: derably greater latitude for negotiating
• the assumption of limited risk by the prices and conditions, and secures a
reinsurer; long-term partnership.
• a multi-year contract period; • Sharing of result with the cedent:
• sharing the result with the primary A substantial part of the profits accru-
insurer; and ing over a multi-year period is paid
• the explicit inclusion of future back to the cedent, so that there is a
investment income in agreeing the close connection between the cedent’s
price. own loss experience and the actual cost
of reinsurance. In this way, the cedent
These features open the way to new ways receives “compensation” for the limi-
of looking at insurance and reinsurance, tation of the risk assumed by the finite
and are generating increasing interest risk reinsurer.
among insurance companies. • Future investment income as a pricing
component:
• Assumption of limited (finite) risk by the Expected investment is explicitly
reinsurer: defined as a factor in the premium
In finite risk contracts, the primary calculation. This consideration of the
insurer (cedent) transfers two things: time value of money has a special
first, the risk that losses will be settled effect in certain types of liability
sooner than expected, commensurately business, where settlement may take
reducing investment income from the decades.
reserves formed to cover those losses,
and second, a limited but significant Finite risk reinsurance adds a new
underwriting risk. In reality, the under- dimension to a community of risks: risk
writing risk is the risk that actual financing over time as opposed to a risk-
losses paid over the term of the finite balancing proposition on an annual basis
contract may turn out to be greater as seen in conventional reinsurance.

42
Among other things, finite products can: Finite products can also be combined
• stabilize reinsurance costs and capacity with traditional reinsurance solutions in
availability; blended covers. The advantages of such
• smooth result fluctuations; blended covers: a single reinsurance
• expand underwriting capacity; programme under which insurers can
• provide (partial) protection against as- arrange a price for each specific type of
yet-unreported claims; and risk; and this not only for a period of
• optimize the balance sheet. several years, but also for risks from
several different lines of business. Also,
primary insurers utilizing such covers
profit from reduced transaction costs for
risk protection.

Features of finite risk reinsurance products

Assumption Sharing
of limited risk of result
by reinsurer with cedent

Finite risk
reinsurance

Multi-year Explicit inclusion


contract term of investment
income

43
8. Engineering and Swiss Re

A fax, the computer signals an Every day, Swiss Re’s Engineering depart-
incoming e-mail, the telephone rings: ment is faced with requests for technical
assistance and for quotations for risks of
“Can you help me? I need reinsurance various degrees of complexity ranging
cover for a large construction risk. It’s a from relatively simple housing projects
USD 100 million development with two to multi-million dollar petrochemical
35-storey office towers on top of a 3- risks and power stations.
floor shopping centre podium with 5
basements situated in the heart of a large For us, service, expertise and professio-
city. The site is triangular in shape with a nalism are paramount. That’s why Swiss
10-storey 30-year-old hotel about 10 Re Group employs over 50 civil,
metres away on one side, a newspaper mechanical and electrical engineers
printing plant on another, and a 6-lane worldwide for handling facultative risks,
highway on the third side. The insured a product management/development
needs full design cover and all the usual team, several experienced treaty
extensions as well as vibration and underwriters, and a back-up team of
ALOP. We want to quote 6‰ on TCV. competent account administrators. Most
What do you think and how much of our engineers previously worked in
capacity do you have available?” construction, erection and plant opera-
tion. The in-depth, specialised know-
“In two months time we are holding a ledge gained in such working environ-
seminar for our insurance agents. The ments is of immense value in recognising
subjects are Machinery Breakdown and special hazards and perils in relation to
Machinery Loss of Profits Insurance. engineering insurance coverages.
Can you delegate a speaker from Swiss
Re?” In Zurich, our people are divided into
market groups that specialise in the
“Our engineering insurance portfolio has needs of their respective regions. The
grown substantially over the past two engineering account managers and
years. The administration of reinsuring usually their deputies travel extensively
the risks individually on a facultative in the markets to assess our clients’
basis is becoming too costly. Can you needs, deal with treaty and facultative
help us to set up a reinsurance treaty underwriting, carry out risk inspections,
programme?” provide claims handling services, and
arrange seminars and workshops.
“We have just had a large loss during the
erection of a power station. The Contact us for more information about
circumstances of the claim are rather our worldwide engineering activities or
unusual. Could you please assist us in if you would like copies of our specia-
the claims handling?” lised publications dealing with the various
classes of engineering business. We are
“Our new engineering underwriter is an here to help you.
engineer, but has limited experience in
engineering insurance matters. May we
send him to you for a few weeks for
training?”

45
Peter Howard is an Account
Manager in the Engineering
department at Swiss Re in Zurich.
He joined Swiss Re in 1977 after
moving to Switzerland from the
United Kingdom. Following initial
reinsurance training in one of
Swiss Re’s market departments, he
transferred to the Engineering
department in 1981. His current
responsibilities include marketing
and underwriting Engineering
reinsurance products in the Near
and Far East.

Peter Howard gratefully acknow-


ledges the support of numerous
colleagues at Swiss Re in the
preparation of this publication.
Special thanks, however, go to
Max Bommeli and Dr. Hans Mahrla
whose helpful suggestions and
technical assistance in editing the
manuscript are most sincerely
appreciated.

© 1997
Swiss Reinsurance Company,
Zurich

Title: Engineering insurance and


reinsurance. An introduction.

Author: Peter Howard


Produced by: Public Relations and
Language Services

Graphic design: Markus Galizinski,


Zurich

Photos:
Blue Planet, Zurich
(page 19 lower)
Bildagentur Baumann,
Würenlingen
(pages 20 lower, 32)
Bucher-Guyer, Niederweningen
(page 7 upper)
IBM Switzerland, Zurich
(page 33 upper)
Liebherr, Biberach
(pages 14 upper, 27 upper)
Markus Galizinski, Zurich
(pages 1, 4, 6, 8, 10, 12, 25, 35, 44)
Tony Stone, Munich
(pages 7 lower, 22 upper, 34 upper)
Swiss Re (others)

Further copies and a list of other


Swiss Re publications (“Publica-
tions”) may be obtained from:
Swiss Reinsurance Company
Public Relations
Mythenquai 50/60
CH-8022 Zurich
Telephone: +41 1 285 21 21
Fax: +41 1 285 20 23
E-mail: publications@swissre.com
Internet: http://www.swissre.com

(12/97, 3000 en)

You might also like