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    ENTERPRISE

    IN THEEHOT SEAT

    MEDIA

    PREVENT, MITIGATE, INSURE

    Product recall

    insurance

    Specialised RM

    disciplines

    IRF presidentINSURANCE

    INDUSTRY INSIGHT2010 challenges2010 challengesCASE STUDY: Alan Hutcheson CEO ofTrackergives an insight into how the

    companys disaster recovery plan was put to the test

    VOLUME 4 N 1 FEBRUARY 2010

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    Call us for an obligationfreedemo on 011 507 0123

    Don't ignore your organisations risk

    www.cqs.co.za

    Recognised by more than 2,000risk professionals globally

    as the worlds leadingrisk management

    solution.

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    HOT SEAT

    4 Tracker fire a case study

    GENERAL INSURANCE

    10 Brokers corner. Preparing to document theRM plan. By Johann Maree

    12 Industry insight. Succeeding in a drastcallytransformed insurance sector

    SHORT TERM

    14 Industry insight. 2010 challenges andopportunites

    20 Product recall. Beware the CPA. By KeithMarshall

    LONG TERM

    22 Industry insight. Lessons from the past,priorites for the future

    I N I D FEBRUARY 10

    Coverconcept

    anddesign:FrdrickDanton

    EMPLOYEE BENEFITS

    25 Disabled employees. Reasonable accommodaton in theworkplace. By Anton Engelbrecht

    26 Retrement RA season. Lump sum RA contributonsfor tax benefits

    30 EB in an economic downturn. The risk of not havingemployee benefits. By Taryn Marcus

    RISK MANAGEMENT

    31 Specialised risk management disciplines. Integratngspecialised risks in ERM. By Vanessa Payne

    EXECUTIVE SECTION34 SAICA Annual Financial Services Conference

    ASSOCIATION PAGES

    36 IRF Taking the retrement industry into the future37 FIA welcomes new CEO

    MARKET NEWS

    40 Green buildings. Re-energisingtred assets to reduceoperatng costs

    40 Sixth annual Top Women Empowerment Awards

    REGULARS & EXECUTIVE SECTION

    3 Editors note38 Subscribe

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    All products are written by insurance company subsidiaries or affiliates of Chartis Inc.Coverage may not be available in all jurisdictions and is subject to actual policy language.

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    2010 Challengesand opportunities

    EDITORS NOTE

    The hot seat of this issue ofEn-terprise Risk deals with a fascinating real

    time case study entitled Rising from theashes. During the early hours of Saturday

    17 January 2009, the Tracker head office in

    Darrenwood, Johannesburg was gutted by

    a fire that ripped through the building. Ac-

    cording to Andre Ackerman, Trackers CFO,

    the disaster recovery plan (DRP) was ex-

    ecuted with military precision, enabling the

    company to carry on with their business of

    recovering vehicles. They took their first call

    just five hours after the disaster. The entire

    administrative staff was fully operational at

    an off-site location by Monday morning.

    The case study looks at the vital role that

    each of the parties played in the implemen-

    tation of the plan. The client was Tracker,

    the disaster recovery site and service pro-

    vider was IBM, the insurance broker was

    Alexander Forbes Risk Management Serv-

    ices, the insurer was Mutual & Federal and

    the loss adjuster was Cunningham Lindsey

    South Africa. The damage was estimated at

    some R40 million, but the DRP ensured that

    not even a fire could prevent Tracker cus-

    tomers and staff from taking back tomor-

    row. A story well worth reading.

    Enterprise Risk starts the year 2010 with

    two industry-insight articles that give the

    views and opinions of the leaders in the

    short- and long-term sectors. Each focuses

    on the lessons learned from 2009, and the

    challenges and opportunities that lie aheadfor the upcoming year. While 2009 was most

    certainly a difficult time for the industry,

    there are undoubtedly many opportunities

    for those willing to take the initiative. The

    one word that just about every leader men-

    tioned as being a key priority is customer.

    As a result, the levels of customer servicewill rise even further.

    In the last quarter of 2009, I took over the

    editorship ofEnterprise Risk when Sandra

    Jordaan left. This was intended to be for

    the period while a replacement was being

    found. I am pleased to let you know that

    we have now appointed an editor forEn-

    terprise Risk. Bronwyn Barnard, who cur-

    rently edits Emergency Services SA and

    Occupational Risk for 3S Media, will be

    taking over from me with effect from the

    next issue, with Monique Terrazas continu-

    ing as assistant editor. I wish the team all

    the best for taking this growing magazine

    to even greater heights in this remarkable

    year of 2010. I would also like to thank the

    industry for their support.

    Editor

    ENTERPRISE

    ENTERPRISE RISKFeb10

    PUBLISHER Elizabeth Shorten

    EDITOR Debbie Besseling

    ASSISTANT EDITOR Monique Terrazas

    CREATIVE DIRECTOR Frdrick Danton

    CONTRIBUTORS Johann Maree, Keith Marshall, Anton

    Engelbrecht, Taryn Marcus, Vanessa Payne

    CHIEF SUB-EDITOR Milton Webber

    MARKETING MANAGER Jackie Slavin

    PRODUCTION MANAGER Felicity MoonPRODUCTION ASSISTANT Constance de Sousa

    FINANCIAL MANAGER Andrew Lobban (ACIS, FCIBM)

    ADMINISTRATION Tonya Hebenton

    SUBSCRIPTION SALES Cindy Cloete

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    ISSN 1993-8217

    Copyright. All rights reserved.

    All articles in Enterprise Risk are copyright protected and may not

    be reproduced either in whole or in part without the prior written

    permission of the publisher. The views of contributors do not

    necessarily reflect those of Enterprise Risk or the publisher.

    PUBLISHER MEDIA 4, 5th Avenue, Rivonia, 2191

    PO Box 92026, Norwood 2117 Tel: + 27 (0)11 258 6200

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    STRATEGIC PARTNERC

    RESEARCH INSTITUTE(PTY) LTD

    ENTERPRISE RISKDEALSWITHA

    FASCINATINGREALTIMECASESTUDYENTITLEDRISINGFROMTHEASHES

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    ENTERPRISE RISKFeb10

    In the early hours of aSaturday morning last year, the Track-

    er building was engulfed in flames,

    causing an estimated R40 million in

    damages to the first floor of the build-

    ing. Fortunately, no one was injuredand a comprehensive disaster recov-

    ery plan was in place. A combination

    of Trackers disaster recovery plan,

    and its partnerships with the relevant

    role players, ensured that what could

    have been a business disaster turned

    The chain of events following the fire that raged at Trackers building

    early last year proved sobering and provided fascinating insight into

    the dynamics of executing such a plan.

    TRACKER FIRE A CASE STUDY

    Risingfrom theashes

    into one of the proudest moments in

    Trackers history.

    On the following pages, we look at

    how the disaster recovery (DR) plan

    was implemented by considering the

    roles of the various players, what

    they did right and the lessons that

    can be learnt from this exceptionalexperience.

    The exceptional teamwork and pro-

    fessionalism of all the relevant role

    players have been identified by all in-

    volved as one of the key success fac-

    tors in implementing the DR plan.

    THE ROLE PLAYERS

    The client Tracker

    The DR site andservice provider IBM

    The insurance broker Alexander Forbes risk

    management services

    The insurer Mutual & Federal

    The loss adjuster Cunningham Lindsey

    South Africa

    The implementation of Trackers DR plan was impressive, turning apotential business crisis into a proud moment for the company.

    Disaster recovery in act ion

    Following a devastating fire attheir building in the early hours of a Sat-

    urday morning early last year, Trackers im-

    plementation of a well-planned and thor-

    oughly tested disaster recovery (DR) plan

    was nothing short of impressive: critical

    services were recovered within three hours

    and the execution of the total recovery plan

    was completed within six days.

    Of course, behind the scenes lay months

    of preparation, testing and capital expendi-

    ture spend to ensure not even a fire could

    prevent Tracker customers and staff from

    taking back tomorrow.

    THE DISASTER RECOVERY PLAN

    Business continuity is the number-one risk

    on Trackers risk register, says Alan Hutch-

    eson, CEO of Tracker. The first business

    continuity plan was devised by an external

    consultant as far back as 2004, and this planreceived a major overhaul in 2007. At the

    time, a new DR contract was entered into

    with IBM and the DR location was moved.

    Following this overhaul, we maintained

    Aftermath of the fire that ravaged the

    Tracker building in 2009the discipline of continuously updating the

    business continuity plan.

    PLANNING

    Hutcheson notes that several factors con-

    tribute to successful planning of DR. You

    have to know your business, and never

    assume that a disaster will not happen. Sce-nario planning is crucial. But perhaps what

    is most important is that business continu-

    ity is taken seriously. The company must be

    willing to invest time and money to facilitate

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    ENTERPRISE RISKFeb10

    thorough planning and a DR plan owner

    within top management must be tasked to

    ensure that senior people are putting in the

    time and effort required. Critical processes

    and IT systems must be identified, and the

    technology layout of the business must be

    documented in such a way that non-IT peo-

    ple can also understand it. The plan should

    always cater for more, rather than less. Itmust also be remembered that small things

    do matter, for example in this case, recover-

    ing our staffs personal belongings as soon

    as possible.

    Documenting the plan in full is another

    key element identified Hutcheson. If your

    full business continuity plan is not docu-

    mented, you better avoid the disaster. In

    this specific instance, because there were

    no casualties of key staff, we did not have

    to implement the full plan. We had experi-

    enced executives who had prepared the DR

    plans to execute them.

    Choosing the right DR location and sup-

    plier is part of the planning process. Crucial

    factors to consider include the proximity of

    the DR site to the main business location

    in terms of the risk versus the cost for both

    natural and unnatural disasters, difference

    in power and communication grids, as well

    as operational practicalities such as staff

    transport. The cost of a DR infrastructure, as

    well as additional costs such as insurance,

    must also be considered. The assistance of

    a service provider with the right know-how

    and facilities are invaluable to ensure the

    right decisions are made, and for this rea-

    son Tracker partnered with IBM.

    IMPLEMENTATION AND TESTING

    You cant have a plan on paper only,

    says Hutcheson. Long before we needed

    our business continuity plan, we had im-

    plemented crucial aspects thereof, for ex-

    ample, signing the DR site contract, pre-

    paring the DR site and putting the right

    communication infrastructure in place, in-

    cluding updating staff contact details on a

    monthly basis.

    Successful testing was done in critical

    areas. If possible, do a full test. Do not as-

    sume that aspects of the DR plan do not

    require testing. Develop testing plans and

    record the results. Implement changes from

    what you learn in the testing.

    EXECUTION

    Execution requires military precision, says

    Hutcheson. The DR director must take

    charge, maintain discipline and not allow

    panic. Crucial to the execution is the right

    person for the job, concise decision-making

    and a skilled secretary who can document

    all meetings and immediately distribute the

    minutes with detailed action plans. Senior

    staff need to be involved but only members

    of the crisis management team should be

    present at the meetings. It is also crucial as

    top management trusts the appointed team,

    and while holding people accountable, al-

    lows reasonable freedom with regard to

    decision-making.

    In terms of technology, the relationships

    with vendors, customer-partners, data and

    telecommunication partners are critical. The

    perceived rats and mice systems are im-

    portant and companies should also consider

    alternate technologies to make a change

    over easier.

    PROTECTING THE BRAND

    A comprehensive communication plan tar-

    geting the media, customers and stakehold-ers, as well as staff members, was immedi-

    ately implemented to protect the brand.

    The first step was to issue a holding state-

    ment, conveying the following key mes-

    sages:

    Only the top floor of one of Trackers ad-

    min buildings was affected.

    A comprehensive Disaster Recovery Plan

    is in place.

    Tracker was still able to track and recover

    vehicles.

    There was no suspicion of a crime syndi-

    cate attack.

    Nobody was hurt.

    Effectively, it was business as usual.

    Once the company had established a firm

    handle on the crisis, a proactive media re-

    lease highlighting all the positive aspects

    of the fire was disseminated. Constant con-

    tact was maintained with key media to en-

    sure that the facts accurately reported.

    A general script was prepared for custom-

    ers and other stakeholders, and the control

    room staff were briefed to handle queries.

    Key stakeholders and board members were

    notified and a statement was posted on the

    Tracker website. An emergency Tim from

    Tracker recording session was scheduled.

    Online social media and blog sites were

    monitored and addressed. An advertorial

    CRITICAL FACTORS FOR A

    SUCCESSFUL DR PLAN

    A strong and capable DR team to take controlof the situation.

    Senior staff should be allowed to make

    decisions pertaining to their areas.

    Main focuses:

    critical operations up and running ASAP

    vigorously defend the brand

    communicate with customers/partners

    be sensitive and supportive to staff

    thorough understanding of IT and

    Ops systems.

    Strong vendor relationships.

    Loyal and committed staff acting

    as ambassadors.

    Dont underestimate the softer issues. Remain positive and maintain a sense

    of humour.

    Provide continuous food and refreshments to

    the DR team and those helping out.

    IFYOURFULLBUSINESSCONTINUITYPLANISNOT

    DOCUMENTED, YOUBETTERAVOIDTHEDISASTER

    KEY ELEMENTS OF SUCCESSFUL DR

    Hutcheson identifies the following key

    elements in a successful DR:

    Planning

    business continuity plan

    documenting the plan

    choosing the right DR location and

    supplier Implementation

    Testing

    Execution

    Alan Hutcheson, CEO, Tracker

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    branded DR site. Coloured Tracker shirts im-

    proved coordination and stationery packs

    were handed out. Hot snacks and drinks

    were served and music played to lift morale.

    All teams were fully briefed by their manag-

    ers, before entering the state-of-the-art DR

    site and logging onto all the normal Tracker

    systems. A voice, fax and e-mail script was

    prepared for all staff to help field queries on

    the blaze.

    TRIUMPH FOR TRACKER

    R40 million of damages to the Tracker

    building, a loss that in most other instanc-

    es would have crippled a business, turned

    into a triumph for Tracker. Perhaps more

    importantly, the brand suffered no dam-

    age because of a superbly executed

    communications strategy.

    Tracker staff, instead of being flustered

    and disorganised, experienced some of their

    proudest moments as they witnessed the

    professionalism with which the recovery

    was executed, a fact confirmed by the many

    proud and congratulatory messages on the

    Tracker website.

    A crucial element of a DR plan is ensuring business continuity and

    resiliency. This was highlighted in this case study.

    IBM The DR site and service provider

    Business cont inui t y and resi l iency

    Following the fire at theirbuilding during the early hours of a Sat-

    urday morning, the Tracker team ran their

    operations from the IBM BCRS site for

    60 days, requiring in excess of 500 seats.

    The Tracker operations were relocated

    within hours of the fire and as a result of

    the exceptional planning and profession-

    alism of all the parties involved, it was

    business as usual even before news of the

    fire broke.

    Cynthia Crose, vice-president, integrated

    technology services at IBM sub-Saharan

    Africa, explains just how quickly the re-

    covery plan was implemented. The IBM

    BCRS team was summoned to the recovery

    THE RIGHT BUSINESS RESILIENCY STRATEGY

    Business resiliency can provide near-term cost efficiencies as well as strong, long-term ROI.

    Mitigate risk Avoid the costs of downtime, brand damage and market share lost to competitors,

    and reduce the financial impact from business disruptions.

    Protect brand and revenue Properly assessing the threats to your IT infrastructure, their potential

    business impact and your tolerance for risk can help you plan a realistic strategy.

    Protect capital Analysing cost trade-offs can help you avoid unnecessary investment.Reduce costs Resiliency solutions can help protect you from failed restores and lost data.

    Improve service You can align resilient infrastructure to the needs of your business to maintain

    service-level agreements based on your tolerance for r isk.

    facility even before the fire fighters had left

    the scene, and by 10am the technical team

    had started rolling out the call centre, and

    the emergency control room was relocated

    to the IBM BCRS site. By 11am, car track-

    ing was up and running again, and by 2pm,

    the call centre seats for Trackers staff were

    ready and office seats were being rolled out

    and delivered. By 5am on Monday morn-

    ing, an IBM team, along with Trackers cri-

    sis management team, were on site ready to

    welcome Trackers staff and assist them in

    getting them settled in.

    Crose notes that there were several suc-

    cess factors that contributed to the success-

    ful implementation of the business conti-

    nuity plan. These are graphically presented

    in graph 1.

    LESSONS LEARNED

    In this case, a number of critical success

    factors implemented by IBM were again

    highlighted as crucial to a successful busi-

    ness continuity plan, adds Crose. Firstly,

    the business continuity processes need to

    be flexible, while adhering to IBM govern-

    ance guidelines. Secondly, test, test and

    test to ensure the team not only knows,

    but also owns the clients disaster recov-

    ery plan. Thirdly, the value of having in-

    frastructure 100% ready at all times was

    also underscored again. And lastly, we

    were reminded never to underestimate the

    volumes of call records, people, etc., which

    requires careful logistical planning in terms

    of often-overlooked issues such as park-

    ing, extra housekeeping requirements and

    additional security.

    Crose also says that testing and exercis-

    ing is vitally important to ensure effective

    and efficient business continuity. Apart

    from making sure the business continuityplan works, testing and exercising is an

    important way to train the relevant people

    and to maintain a high state of readiness.

    It also allows a company to capture any

    Cynthia Crose, vice-president,

    Integrated Technology Services, IBM,

    sub-Saharan Africa

    was placed in several key newspapers within

    a day to put stakeholders minds at ease.

    To avoid rumours and panic, positive

    e-mails and SMSs were sent to all staff

    members within hours of the blaze, followed

    by details concerning their return to work.

    Senior managers were briefed by trauma

    counsellors to deal with their staff. To keep

    inquisitive staff away from the scene of the

    fire, a variety of photographs of the burnt

    building were posted on the intranet site.

    On the Monday morning, staff were greeted

    by a welcoming committee to an extensively

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    HOT SEAT

    changes and to audit the plan, while creat-

    ing awareness among staff at all levels, as

    well as among stakeholders.

    BUSINESS RESILIENCY DOES MATTER

    Many different threats and opportunities

    can arise that can threaten the stability of

    a companys business and IT operations,

    from the obvious weather-related risks,

    such as hurricanes or floods, to the unex-

    pected, successful marketing or public rela-

    tions campaigns that result in an overload

    of a system and a subsequent crash, ex-

    plains Crose. A business resiliency strat-

    egy must centre on understanding all the

    potential risks, which can be data driven,

    business driven or event driven, across theenterprise.

    IBM's successful business continuity

    is illustrated in DIAGRAM 1

    The broker plays a pivotal role in the relationship between the insured,

    the insurer and external specialists such as the loss adjustor.

    ALEXANDER FORBES The insurance broker

    The role of t he broker

    The recent Tracker fire claimclearly demonstrated how the right broker

    can optimise the synergies between the vari-

    ous role players in the insurance industry.

    When the Tracker team arrived at their

    premises on the morning of Saturday 17

    January 2009 to discover an estimated

    R40 million of fire damage, their first port

    of call was their broker, Alexander Forbes

    Risk Services.

    Alexander Forbes risk services immedi-

    ately appointed a loss adjuster, Cunning-

    ham Lindsey South Africa, to visit Trackers

    premises, assess the damage, investigate the

    root cause and adjust the claim once it had

    been formulated by the client and presented

    by the broker to the insurer. On the Monday

    following the fire, Mutual & Federal ratified

    the loss adjusters appointment and within

    48 hours after the devastating fire, the loss

    adjustors preliminary report was received.

    Since the loss was correctly covered by

    the insurance policy arranged by Alexan-der Forbes, Mutual & Federal could swiftly

    process the claim and make interim pay-

    ments to assist Tracker with the immediate

    costs faced.

    Arranging the right cover with the right

    insurer, acting swiftly within the insurers

    mandate and choosing the right loss ad-

    juster were crucial to the prompt settling of

    the claim. However, perhaps most important

    was the brokers role in arranging adequate

    insurance and managing the clients ex-

    pectations and experience throughout the

    claim process.

    The broker is the link between the in-

    sured, the insurer and external specialists

    such as the loss adjuster, managing expec-

    tations and optimising synergies among

    the various role players, says Jaco Smit,

    business unit manager at Alexander Forbes

    risk services.

    THE BROKER-CLIENT RELATIONSHIP

    In the relationship between the broker and

    the client, it is crucial that the broker has a

    thorough understanding of the clients busi-

    ness. In essence, the broker must understand

    the clients needs by having an in-depthunderstanding of his clients business and

    then translate these into a comprehensive

    risk management strategy to ensure that

    all exposures to the clients business are

    properly addressed.

    A broker must take a holistic view of the

    clients business, and provide the expertise

    Jaco Smit, business unit manager,

    Alexander Forbes risk services

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    and insight to ensure an enterprise-wide ap-

    proach to risk management is implemented,

    says Smit.

    THE BROKER-INSURER RELATIONSHIP

    While the clients needs must always come

    first, the value of long-term relation-

    ships between brokers and insurers cannot

    be underestimated.

    It is crucial that both the broker and in-

    surer clearly understand and operate within

    the agreed mandate to ensure prompt settle-

    ment of claims,adds Smit.

    THE BROKER-LOSS ADJUSTER

    RELATIONSHIP

    One of the most important characteristics of

    a good broker is the ability to harness both

    internal and external expertise and experi-

    ence. Usually, the insurer appoints an ad-

    juster of its choice. However, an experienced

    broker will liaise with the insurer prior to

    the appointment of a loss adjuster to agree

    on the latters availability, flexibility, skill

    and integrity to ensure the client receives a

    fair settlement, says Smit.

    Warren Buffet said, It is only when the

    tide goes out that you learn who has been

    swimming naked."

    "When facing a catastrophe of this

    magnitude without the assistance of an

    experienced broker, this bit of Buffet wis-

    dom takes on a whole new meaning, com-

    ments Smit.

    DIAGRAM 2 Interlinked relationships

    The raging fire at Trackershead office in Randburg caused an esti-

    mated R40 million of damage. The chain

    of events following the fire proved that a

    trusting relationship between policyhold-

    ers, short-term insurers and brokers can

    result in swift action to solve a potentially

    crippling problem, explains Ken Law-

    rence, general manager: claims technical

    for Mutual & Federal.

    CHAIN OF EVENTS

    The first link in the chain was the swift

    reporting of the loss to Trackers broker,

    the Alexander Forbes group. They immedi-

    ately informed Mutual & Federal, and the

    insurer responded rapidly by assembling a

    senior team to deal with the loss.

    Alexander Forbes also immediately ap-

    pointed a loss adjuster. The loss adjusters

    preliminary report was received within 48

    hours, allowing the claim to be processed

    without delay.

    An internal special investigations unit

    was appointed to establish the cause of

    the fire, with the assistance of forensic in-

    vestigators.A loss management plan was presented

    to Tracker, providing clarity regarding the

    claims process. To date, Trackers claims

    experience had been exceptional, and

    The fire that occurred at Trackers head office demonstrated the value

    and peace of mind the right insurer can provide.

    MUTUAL & FEDERAL The insurer

    The role of t he insurer

    given the substantial loss and potential

    lengthy period of business interruption, a

    number of interim payments were made to

    Tracker to assist in reinstating the busi-

    ness, says Lawrence.

    KEY SUCCESS FACTORS

    The claim was handled within the short-

    est period and the business was reinstated

    within hours. This can be attributed to a

    number of key factors: Formidable teamwork between all par-

    ties involved.

    Mutual & Federals senior manage-

    ment team dealing with the claim had

    DIAGRAM 3 Illustrating Mutual &

    Federal's partnership approach

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    9

    extensive underwriting and claims man-

    agement experience, as well as the au-

    thority to make immediate decisions.

    Alexander Forbes clearly understood

    their mandate, duties and options

    from the outset and coordinated the

    entire process, while managing the

    clients experience.

    Mutual & Federal had a strong and posi-

    tive relationship with the loss adjuster,

    whose timely report was a crucial aspect

    in the swift handling of the claim.

    Tracker had a comprehensive disaster re-

    covery plan, which was well executed.

    LESSONS LEARNT

    A number of pertinent lessons can be

    learned from the Tracker claims process:

    A partnership approach to good claims

    management is required.

    The loss adjusters roleis vital in the claims process and through

    possible pre-loss nomination or knowledge,

    a vital trust relationship can be established

    with the insureds relevant representatives.

    According to Ken Maclean, branch man-

    ager, Cunningham Lindsey South Africa,

    As students of insurance, we read about

    the principles of utmost good faith and

    the responsibility of the insured to dis-

    close material facts. However, the need for

    trust goes way beyond this. As far as the

    insured is concerned, it is a two-way street

    with the insured needing to trust and have

    faith in all those involved in the insurance

    arrangements both from a policy and claims

    point of view.

    The test of any insurance is the claims

    service. Unlike many things that are bought,

    it is invisible at the time of purchase and

    therefore effectively taken on trust from

    both parties to the contracts point of view.

    The insured needs the comfort of trusting

    the service and understanding what willoccur when and how, in the event of a loss,

    to protect assets and trading as well as,

    most importantly, reputation and brand.

    The broker can play a vital role in the

    appointment of a loss adjuster, ensuring

    that the appropriate firm with the requisite

    technical expertise and capacity is selected.

    A trust relationship must therefore also ex-

    ist between the broker and adjuster.

    The first day on any major incident is

    crucial as critical decisions will need to be

    taken to ensure trading continuity. While

    business continuity plans such as Trackers

    disaster recovery plan may be in place,

    the adjuster is influential in the decision-

    making process, and the insured must have

    comfort that the adjusters commercial acu-

    men will have been gained by involvement

    in a range of industries and loss scenarios.

    Reputational risk runs far beyond any

    coverage provided by the policy and this

    is where the need for trust is the greatest.

    Communication remains the key to reten-

    tion of trust, an awareness of issues fac-

    ing a business is vital and the broker again

    has an important role to play in convey-

    ing information not only to the insurer but

    also to the adjuster in a claim scenario,"says MacLean.

    Ken Lawrence, general manager, claims

    technical: Mutual & Federal

    Transparency and good communications

    are essential.

    Insurance must be recognised as the

    final mitigation for the unexpected and

    as the clients backstop.

    Giving the broker a clear mandate to act

    in the event of loss, such as the appoint-

    ment of a loss adjustor from an approved

    panel, accelerates the claims process.

    For Mutual & Federal, this experience has

    highlighted the importance of fostering

    excellent business relationships with our

    brokers and policyholders. When a short-

    term insurer, broker and policyholder act

    as a unified force, a large-scale disaster

    can be resolved within hours and the

    Tracker case study is proof of this, says

    Lawrence.

    Although being paid by the insurer, the loss adjuster acts as a mediator

    between the insured and the insurer to achieve a fair settlement.

    CUNNINGHAM LINDSEY SA The loss adjuster

    Negot iat ing claim set t lement s

    Ken Maclean, branch manager,

    Cunningham Lindsey SA

    Trust is mutual and in the context of

    claims is best demonstrated by early re-

    lease of funds through interim payments at

    a time where cash flow is most likely to

    be stretched.

    With the nature and vast extent of the

    damage, we have no reservations in plac-

    ing on record that had it not been for the

    Trackers disaster recovery plan, the loss

    would have resulted in far serious implica-

    tions from both a cost and business conti-

    nuity point of view.

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    COVER STORYGENERAL INSURANCE ENTERPRISE RISKFeb10

    The context of a problem consistsof the strategic context, the organisational

    context and the risk management context.

    A working knowledge of the FAIS Act and a

    documented business plan will assist in map-

    ping the context for the development of a riskmanagement plan.

    STRATEGIC CONTEXT

    The strategic context includes the na-

    ture of the environment in which a fi-

    nancial advisory business operates. Some

    questions advisers should look at are:

    What relationships does the advisory busi-

    ness have that are necessary for the busi-

    ness to operate?

    What laws, regulations, rules or standards

    apply to the advisory business?

    ORGANISATIONAL CONTEXT

    The organisational context includes the way

    the advisory business is structured and how

    it operates, including the extent of operative

    knowledge advisers have of their relevant ar-

    eas of responsibilities. This context may be

    technical or non-technical. It includes the ad-

    visory businesses' aims, activities, structure,

    membership and method of operation. These

    are some questions to ask:

    What are the aims and objectives of the ad-

    visory business?

    What is the core activity? Who is involved

    both internally and externally?

    What equipment does the business have

    and/or use?

    RISK MANAGEMENT CONTEXTThe risk management context includes the

    nature of operational, technical and regulato-

    ry frameworks and what is being done. Some

    questions to ask include:

    What is the advisory business currently do-

    ing in terms of risk management, either for-

    mally or informally?

    Is the advisory business insured?

    Is the advisory business a sole practitioner

    or does it have a legal persona?

    The goals, objectives, values, policies and

    strategies of the business and how advisers

    contribute to these are also important consid-

    erations that help define the criteria by which

    decisions are made about the acceptability of

    risks, the form and basis of controls, and the

    management options available.

    Within this overall risk management con-

    text, it is also important to identify the strate-

    gic and organisational functions, such as:

    business management

    economic circumstances

    corporate governance

    commercial and legal

    financial management

    human resources

    technology and systems

    unnatural or natural events.

    Once these functions have been identified,

    risk management policies and strategies can

    be considered.

    RISK MANAGEMENT POLICY AND STRATEGY

    To achieve an effective risk management sys-

    tem, it is essential for advisers to develop a

    clear policy statement, which should:

    outline the scope and process

    Before documenting a RM plan, advisers should first place the risks

    they face in context, by understanding the objectives of their business

    within the strategic and organisational environment. BY JOHANN MAREE

    BROKERS CORNER

    Preparing to document theRM plan

    reaffirm commitment to resources

    clarify roles and responsibilities

    define documentation and report-

    ing requirements.

    This policy sets the framework for the risk

    management strategy and applies to all ar-eas and entities within the business. Once

    the context and policy framework is clearly

    established, developing a risk management

    plan becomes easier. The risk management

    strategy should be integrated with other plan-

    ning and management activities.

    RISK MANAGEMENT RESPONSIBILITIES

    All advisory business owners and staff are

    responsible for:

    developing and implementing the risk

    management plan

    reporting serious risk exposures and

    all serious incidents to the advisory

    business owner

    reporting annually on the status of risk

    management actions to the owner and the

    compliance practitioner

    assisting in identifying potential risk expo-

    sures and for developing and implement-

    ing risk mitigation plans for unacceptable

    exposures, which may include:

    preventing potentially damaging events

    through minimisation strategies

    providing decision makers with risk man-

    agement information to assess acceptable

    risks

    where appropriate, transferring risk to

    third parties through insurance and

    contractual arrangements.

    Other stakeholders may be invited to assist

    to identify potential risks and suggest any

    proposed mitigation.

    JOHANN MAREE

    Maree is the co-founder of both the Institute of Practice Management and Myriad

    Planning Solutions, which develops rules-based integrated business solutions for

    financial advisers.

    Dont miss the next article in our Brokers

    Corner series!

    The next article will look at how to identify anddocument the risks advisers face.

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    Succeedingin adrastically

    COVER STORYGENERAL INSURANCE ENTERPRISE RISKFeb10

    The financial crisis has al-ready proved to be a watershed for the insur-

    ance industry in many parts of the world.

    The expectations of customers, investors,

    governments and regulators from the in-

    surance industry are changing rapidly andpervasively and as such, the environment

    is expected to evolve at a rapid pace over

    the next two to three years, ruling out any

    return to the relative stability and certainty

    that preceded the crisis.

    This was revealed by the Pricewaterhouse-

    Coopers (PwC) The Day After Tomorrow for

    Insurance report, which gauged how the

    global slump is reshaping the insurance in-

    dustry and highlighted key developments

    that are likely to affect particular segments

    and geographical markets.

    While the response related to the market

    downturn has varied from country to coun-

    try, there is an overall feeling of uncertainty

    that defines the industry, says Victor Mu-

    guto, Southern African insurance leader at

    PwC.

    Even companies that did not re-

    quire bailouts have responded to

    government requests to cut costs and spend

    more effectively.

    It is clear that all insurers across the world

    will be required to transform their business

    practices to suit the changing sector. This

    shake-up will challenge the competitive rel-evance of some insurers. However, it also

    offers agile and farsighted firms a once-in-

    a-generation opportunity to catapult them-

    selves to the front of what will be a very

    different racing order within many geo-

    graphical markets and classes of business.

    CHANGING CUSTOMERS

    Customers faith in financial institutions has

    waned, internationally. As capital disap-

    peared from the markets, customers have be-

    come more cautious, preferring to hold on to

    their cash. Those who are prepared to invest

    their money are starting to favour simpler

    and less risky products.

    What customers demand from savings

    and investment products and how they

    want to buy them will take a new direc-

    tion within many territories, with compa-

    nies that are slow to catch on, becoming

    increasingly marginalised.

    Clearly, customers will eventually start

    spending, but will search for more effec-

    tive risk protection. The key question is,

    on what terms will customers choose to re-

    engage with insurers and how may product

    and distribution strategies need to change

    to encourage them back into the market?

    says Muguto.

    Whats more, consumer demand profiles

    are also changing in South Africa. Like their

    counterparts in the developed world, the lo-

    cal insurance industry must react to these

    changing customer needs. Customers are be-

    coming more discerning and better able to

    make informed choices.

    The current insurance landscape is drastically different compared to the

    market before the global financial crisis, enabling some insurers to pull

    ahead from their competitors and leaving others behind.

    INDUSTRY INSIGHT

    In addition, local insurers must also ad-

    dress the perceptions of the insurance indus-

    try in the low-income market. The challenge

    for the industry is perhaps greatest in those

    market segments that have no awareness of

    insurance or see no benefit in it. Interven-tions to educate, inform and reach potential

    consumers are important and may present

    viable opportunities for local insurers.

    IMPACT OF DISTRIBUTION CHANNELS

    The disillusionment created by the crisis in

    many of the more developed markets could

    affect channel preferences. In Germany and

    Switzerland, for example, there has been

    strong unease about the charges and plum-

    meting returns from many annuities. This

    is leading to a growing switch from tied to

    independent advisory channels, as custom-

    ers seek more thorough and unbiased advice

    about which products match their risk ap-

    petite and demand profile. This echoes de-

    velopments in the US in the1990s, and in

    the UK in 2000 and after. In some countries,

    Hong Kong, for example, buying insur-

    ance through strong and trusted banks is

    becoming increasingly popular once again.

    Companies will naturally need to keep their

    ears to the ground and adapt their chan-

    nel strategies to what could be rapidly

    changing preferences.

    INCREASING REGULATORY INTENSITY

    Under pressure from governments, supervi-

    sion in financial services will be more intense

    and regulations will be more subject to na-

    tional priorities in their interpretation and

    application. Some countries are going the

    extra mile in developing tough regulatory

    regimes with a focus on governance and risk

    management. As a member of the Interna-

    tional Association of Insurance Supervisors,

    South Africa toois expected to

    follow its lead.

    As such, we can

    anticipate an

    GREATERTRANSPARENCYANDCOMPARABILITYOFFINANCIALANDRISK

    DISCLOSUREWILLBECRITICALINGAININGACCESSTOTHELIMITEDSUPPLY

    OFAVAILABLECAPITAL. VICTOR MUGUTO, SOUTHERN AFRICANINSURANCELEADER, PWC

    12

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    GENERAL INSURANCEENTERPRISE RISKFeb10

    transformedinsurance sector

    Successful administration, prompt & efficient claims management and world-class customer service

    determines both the market success and member satisfaction of any given medical fund.

    To find out more about SMS flawless administration

    and dedication to service excellence contact

    (011) 353-0048 or visit www.sechabamedical.co.za

    Since inception in 1978, Sechaba Medical Solutions

    (SMS) has positioned itself as one of the best

    medical fund administrators in terms of IT systems,

    service and empowerment in South Africa today.

    Its strong empowerment history gives SMS the

    edge as it understands the healthcare needs across

    South Africas racial and cultural diversity.

    Its IT and service strengths have ensured its

    flexibility to adapt to the demanding legislative

    healthcare requirements that have evolved with

    time. This powerful combination ensures that

    SMS is well placed as a key player in the current

    healthcare environment.

    An authorised financial services provider

    increase in supervision, with increased focus

    on solvency, governance, consumer protec-

    tion and risk management.

    INVESTORS DEMAND RISK MANAGEMENT

    A common thread is the emphasis on strong

    ERM. he pursuit of innovation and capital ef-

    ficiency has given way to focus on stability

    and risk management.

    Analysts and investors require a more sys-

    tematic approach to effective risk manage-

    ment. Greater transparency and comparabil-

    ity of financial and risk disclosure will becritical in gaining access to the limited sup-

    ply of available capital.

    Market confidence also continues to be un-

    dermined by the absence of a relevant and

    globally consistent insurance accounting

    standard and lingering concerns related to

    consistency of embedded value methodolo-

    gies and assumptions.

    GOVERNMENT INFLUENCE

    Although those governments that have bailed

    out insurers are eventually likely to divest

    their direct holdings, their influence across

    the sector will continue. Other governments

    however may continue to offer substitutes to

    insurance, such as trade and credit schemes

    and being the insurer of last resort.

    This could result in competitive distor-

    tions and impede market development and

    once in place could be difficult to with-

    draw. On the other hand, governments

    that have recapitalised parts of the insur-ance sector may insist that taxpayers are

    given a more favourable deal from the

    insurance industry.

    KEY DEVELOPMENTS AND THEIR STRATEGIC

    IMPLICATIONS

    Continued uncertainty involving de-

    mand, inflation, stock market performance

    and budget deficit scenarios will plague

    the market.

    The reshaped environment will present both

    transformational opportunities and signifi-

    cant threats for businesses that fail to antici-

    pate and adapt to the changes ahead.

    A number of short-term themes have also

    been sparked by the financial crisis. Height-

    ened risk concerns and the need to rebuild

    balance sheets have forced many insurers to

    follow more conservative investment paths.

    Firms that have been leading the way in driv-

    ing home effective risk management prior tothe crisis have already been implementing

    this strategy.

    Statistics show that the economic down-

    turn has been tough on our local insurers.

    The slowing economy has led to, among oth-

    ers, rising claims. Local insurers should view

    this time as a period of challenges and op-

    portunities.

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    INDUSTRY INSIGHT

    2010 chal lengesandopportunitiesEnterprise Risk asked the short-term insurance industry leaders to share

    their insights regarding the challenges and opportunities 2010 will bring.

    Johnny Symmonds, MD,

    Lombard Insurance

    Single greatest challenge:

    There are a number of significant

    challenges facing the industry.

    The first and probably the most

    important is attracting and retaining

    quality skills. Secondly, regulation

    is becoming increasingly complex,

    while regulatory authorities

    are becoming more hands on.

    In addition to industry-specific

    regulation, there is an increasing

    interrelationship between various

    new acts, and future regulations

    such as financial condition reporting

    and the possible 'green' legislation

    will add to the complexity. Global

    warming, its impact on weather

    patterns and the associated

    increase in insurance losses, is

    another great challenge facing the

    industry. Lastly, the industry faces

    constraints in terms of reinsurance

    capacity, both in terms of capital

    available at a catastrophe level and

    in particular the capital available for

    guarantee classes.

    Greatest opportunities: The growth

    in the middle class, traditionally a

    major market for insurance products,

    is growing, creating opportunities for

    the industry. In addition, we have a

    large untapped, uninsured market,

    which holds great opportunities for

    those insurers who can find the

    right solutions to product pricing

    and market access. The recent

    credit crunch has also createdopportunities, particularly in the

    credit risk sector, by highlighting the

    vital importance of managing

    credit risk.

    Barry Scott, chief executive,

    SAIA

    Single greatest challenge: The

    biggest challenge for short-

    term insurance generally, and

    SAIA specifically, will be to

    draft and implement a holistic

    and comprehensive strategy to

    address motor insurance. Such

    a strategy will not only have to

    address the risk, but also the cost

    of motor insurance claims to keep

    motor insurance affordable and

    motor insurance as a business

    class sustainable.

    Greatest opportunities: The

    market has yet to tap into the

    low-income market although a

    few of our members have startedexploring possibilities in this

    market with low-key activities.

    Companies which use the lessons

    learnt from mistakes made in

    the micro-insurance space, and

    innovatively enter the untapped

    market in the near future, will

    reap unexpected benefits. The

    SAIA financial literacy consumer

    education initiatives planned for

    implementation in 2010 should

    enhance opportunities for short-term insurance companies with

    appropriate products.

    Jurie Erwee, Alexander Forbes

    risk and insurance services

    Single greatest challenge:

    Those who attract and retain the

    best talent will reap the benefits

    as new opportunities present

    themselves. Advancing technology,

    environmental risks and corporate

    governance will dominate

    boardroom discussions in 2010,

    presenting opportunities for risk

    advisors and the insurance market

    as institutions and individuals

    seek enterprise-wide solutions to

    emerging risks.

    Greatest opportunities: More

    companies will be adopting a

    'high-risk, high-reward' approach

    in seeking profits from emerging

    markets, including Africa. Thisprovides exciting opportunities for

    South African-based risk advisors

    and carriers with representation

    and experience of doing business in

    Africa. South African insurers have

    been slow to expand into Africa but

    expect this to change as the focus

    on investment opportunities in

    emerging markets and particularly

    opportunities in the financial services

    arena will increase in 2010.

    Guy Scott, CEO, Aon RiskServices

    Single greatest challenge: Perhaps

    the most difficult risk management

    issue is ensuring that organisations

    remain committed to established,

    effective risk management

    strategies. Risk control efforts

    should not be ignored for the sake

    of immediate expense cutting. A

    comprehensive and successful

    response to this global economic

    downturn requires the consistent

    application of excellence in all

    facets of risk management.

    Greatest opportunities: Those

    organisations who have successfully

    weathered the storm with

    stringent expense management

    and successful talent retention

    strategies, coupled with continued

    investment in innovation, will benefit

    from the flight to quality in terms of

    the consumer behavioural change.

    Efforts should be focused on quality,as there is a higher expectation of

    value for money from consumers.

    A constant investment in new ideas

    and solutions is paramount in the

    ENTERPRISE RISKFeb10SHORT TERM

    14

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    IN-HOUSE

    COUNSELUnderstanding YOUR role and strengthening yourcompanys protection against legal liabilityConference highlights and interactive sessions include:

    Discussing the Sections o the Companies Act that will be afected by new dratingAligning legal policy with the business bottom-lineDiscussing the uture o risk and corporate governance compliance as a unction o the In-House CounselHighlighting the current corporate case lawMastering your contract negotiation and drating skillsManaging the use o your external advisor and controlling the cost to companyDening the In-House Counsel role in accountability to ethical business practice

    Pre and Post Practical Conference

    Workshops:

    Practical techniques or incorporating theCompanies Bill into your policies and proceduresFacilitated by:Jacques Peters,Director, Jacques PetersConsulting CCDate: 15 March, 2010

    Mastering your contract negotiationand drating skillsFacilitated by: Gavin Weiman,Attorney,Weiman Consulting

    Date: 18 March, 2010

    T

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    15, 16, 17 &18 March 2010The Wanderers Club,Illovo, Johannesburg

    Fax the below form to 011 880 6789 or for more information call 011 771 7000 or visit www.iir-conferences.co.za

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    creation of competitive advantage

    same old, same old is just not

    enough anymore.

    Paolo Cavalieri, chairperson,

    Etana Insurance

    Single greatest challenge: Our

    biggest challenges as an industry are

    finding creative and effective ways ofcontending with economic pressure

    for ourselves and our clients; finding

    ways to progress meaningfully in

    areas such as people and leadership

    development; and attracting top

    talent, so we will have strong and

    skilled people to move forward.

    Greatest opportunities: There has

    never been a more critical time for

    brokers to demonstrate their value

    to clients in ensuring all avenues

    of risk are adequately covered,

    without paying for insurance they

    dont need. The insurance industry

    needs to be innovative in supporting

    BBBEE goals and has opportunities

    to use its personal connections with

    millions of policyholders to make

    meaningful contributions in the area

    of consumer education. We also

    all have opportunities to sensitise

    government and consumers to risk

    management.

    Michael Blain, CEO, Centriq

    Insurance

    Single greatest challenge: The

    new binder regulations and medical

    demarcation regulations will be the

    most keenly watched development

    in the first half of 2010. The second

    half of 2010 will see South Africa

    focusing on its many challenges,

    especially how to capitalise on and

    maintain the economic momentum

    of the World Cup. The insurance

    industry will continue focusing on

    motor-loss ratios and the cost of

    motor vehicle repairs to restore

    profitability; risk management; risk

    surveys and risk premium rates.

    Another challenge is the ageing

    public infrastructure and lack of

    maintenance owing to the economic

    environment and the consequent

    impact on claims.

    Greatest opportunities: Companiesthat are flexible and entrepreneurial

    with solid shareholders and the best

    skills will survive the consolidation

    among insurers and underwriting

    agencies in the next 18 months.

    Brand Pretorius, CEO,

    Momentum Short-Term

    Insurance

    Single greatest challenge: The

    challenge for insurers will be to

    manage the expected increase in

    costs, without transferring all of the

    cost pressures to the consumer.

    The successful insurers in 2010

    will be those who are the most

    accurate in determining the risk

    profile for each individual client and

    charging the appropriate premium.

    This requires a greater emphasis

    on risk management and improved

    harnessing of technology for greateroperational efficiency.

    Greatest opportunities: Indications

    are that a turnaround in the economy

    can be expected during 2010. This

    could result in growth opportunities

    for the industry in general.

    Keith Kennedy, MD, Mutual &

    Federal

    Single greatest challenge: Growth

    in the short-term insurance industrywill be challenged by the state of

    the economy. The weather is also a

    wild-card factor for the short-term

    insurance industry, becoming more

    unpredictable over the years, and

    claims relating to such events are

    more frequent and larger.

    Greatest opportunities: We should

    see some buoyancy in the economy

    in the first half of the year leading

    up to the 2010 World Cup. Many

    businesses will require various forms

    of cover during this period and we

    should see an increase in policies

    written.

    Pierre Geyer, head: broker

    division, Hollard

    Single greatest challenge: The

    stressed economy will push clients

    to seek more perceived cost-

    effective or alternative insurance

    solutions. The anticipated changes

    in legislation, particularly related tobinder agreements, may negatively

    affect client service and operating

    costs for intermediaries. The

    increasing supply-chain costs of

    particularly motor-vehicle spare parts

    and autobody repairs remain a cause

    for concern in terms of claims costs.

    Greatest opportunities: The Soccer

    World Cup 2010 will have a hugely

    positive impact on the economy,

    which will spill over to the insurance

    industry. Brokers need to examine

    the needs of all their clients with

    this in mind. With the new FAIS

    requirements, a number of non-

    compliant brokers will exit the market,

    creating acquisition opportunitiesfor other brokers. With general

    service levels deteriorating in certain

    insurance channels, the broker will

    also remain vital to their customers.

    Ian Kirk, CE, Santam

    Single greatest challenge: The

    domestic economy is starting to show

    early signs of recovery, but such

    recovery will be slow a scenario

    that requires focused attention

    on the management of risk. The

    impact of climate change must

    feature prominently on the industry

    agenda. 2010 will also see clients

    making greater demands for quality,

    innovation, service and appropriate

    costs. Santam further expects to

    see a continuation of mergers and

    acquisitions in the intermediary space.

    Greatest opportunities:As with

    2009, 2010 will be challenging for

    the industry. All players will need tostay on top of their game, but these

    challenges inevitably will create

    opportunity. 2011 will likely be the

    year of recovery for our industry.

    ANOTHERCHALLENGE

    ISTHEAGEINGPUBLIC

    INFRASTRUCTURE

    ENTERPRISE RISKFeb10SHORT TERM

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    Companies are well advised to takeup recall cover or increase their existing cover be-

    cause the Consumer Protection Bill has been promul-

    gated into law. In more mature markets like the UK

    which have similar laws in place, an increase in over-

    all product recall of 125% between 2004 and 2007 hasbeen seen. With regard to non-food products, a mas-

    sive 894% rise was recorded between 2004 and 2007,

    explains Keith Marshall, regional manager, liabilities

    group, Africa region of Chartis South Africa.

    Certain sectors will be at higher risk because of

    the implementation of the CPA than others, and the

    controls required will differ accordingly. These risk

    ratings and controls are detailed in table 1.

    Retailers will be more responsible for the products

    PRODUCT RECALL

    BewaretheCPA...With the Consumer Protection Act coming into force shortly, companies

    need to understand the impact it will have on their product recall

    insurance. BY KEITH MARSHALL - CHARTIS

    they sell following the implementation of the Con-

    sumer Protection Act (CPA), as consumers will be in

    a position to return unsatisfactory goods to the re-

    tailer as opposed being restricted to seeking recourse

    solely against the manufacturer, explains Marshall.

    This means retailers can be held as accountable asa manufacturer the middle man status has been re-

    moved. Retailers should advisably seek to ensure that

    their suppliers have recall plans in place along with

    full-blown recall insurance. This is due to the fact that

    consumers are now in a position to hold the retailer as

    accountable as the manufacturer.

    GET THE COVER NOW

    Marshall says that an increase in recall cover pre-

    miums is likely since there are more rights of re-

    course for the consumer as is intended by the leg-

    islation. This is likely to translate into more claims,

    increased legal action, and therefore higher premiums

    and/or deductibles.

    In terms of the underwriting criteria, the retailer

    and a manufacturer will now be rated equally as the

    exposure to claims increases with the consumer hav-

    ing access to greater routes of recourse. There is a

    potential for retailers to carry even greater exposure

    than a single manufacturer, since the retailers will sell

    multiple products from a variety of manufacturers.

    In a nutshell, buying cover now would be cheaper

    for two reasons, notes Marshall. Firstly, if we con-

    sider the trends evident in the more mature markets,

    we know that a spike in claims is inevitable. Secondly,

    forming a relationship with an insurer now enables

    the insurer to have a better understanding of what

    the insureds activities are and what the specific risks

    are. This translates into more favourable terms, as the

    insured is not gauged against industry standards. For

    instance, when dealing with a high-hazard industry

    such as the tyre industry, an insured in such an indus-

    try that has had a quantifiable claims history (prefer-

    ably a good claims record) in say over five years, will

    be in a more favourable position.

    ISSUES TO CONSIDERThere are a few factors that companies should be con-

    sidering in light of the implementation of the CPA

    renewing or taking out products recall insurance as

    detailed in table 2.

    SECTOR RISK RATING CONTROLS REQUIRED

    Retail and

    distribution

    High Supply chain management including supplier

    insurance

    Contract certainty between suppliers and consumers

    Complaints handling processes and proceduresProduct recall plans, processes and procedures to be

    set up by the insured with loss controls assistance

    where applicable.

    Manufacturing Medium to

    high

    Supply chain management including supplier

    insurance

    Contract certainty between suppliers and distributors

    Increased quality control on product functionality,

    safety, education in the form of manuals and labelling

    Complaints handling processes and procedures

    Product recall plans, processes and procedures

    Services Medium Contract certainty between suppliers and consumers

    Complaints-handling processes and procedures

    TABLE 1 Risk rating

    and controls

    TABLE 2 Liability

    INSURED INSURER

    Strict liability resulting in increased claims

    and settlements.

    Increased limit as per exposure to risk of

    liability.

    Increase costs in the form of:

    quality control

    supply chain management

    vetting of suppliers

    claim payments

    counter claims against suppliers.

    Increased information requirements:

    loss control

    processes, procedures, controls and

    monitoring systems.

    Insurance packaging:

    warranty and inefficacy covers

    increased limits for financial loss.

    Review information provided and provide

    efficacy and/or financial loss cover on a

    selected basis subject to specific terms and

    conditions.

    20

    ENTERPRISE RISKFeb10SHORT TERM

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    COVER STORY

    Featuring key presentations fromthe following experts:

    Examine these hot topics!

    Prepare your organisation or the new

    17 & 18 March 2010

    Hyatt Regency, Rosebank,

    Johannesburg

    Examine these hot topics!

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    COVER STORY ENTERPRISE RISKFeb10LONG TERM

    22

    Leon Campher, CEO,

    Association for Savings and

    Investment South Africa

    (ASISA)

    Lessons learnt from 2009:2009,

    although tough, proved to the

    savings and investment industry,

    its regulators and our policy maker,

    that we are largely on the right track

    with our approach to regulation

    and the way we do business. We

    can be proud of our resilience

    during global financial market

    crisis the credit goes to a strong

    regulatory framework overseen by

    the Financial Services Board and the

    largely prudential management of

    businesses by the private sector. As

    an industry, we were also surprised

    by the faith displayed by our investors

    as inflows into the savings and

    investment industry remained largely

    positive throughout the year.

    Strategic priority for 2010: A key

    strategic priority is to partner with

    government and other stakeholders

    At the of 2009, Enterprise Risk spoke to the

    captains of the life industry about lessons learned in

    2009 and strategies for 2010.

    INDUSTRY INSIGHT

    Lessons from the past,

    priorit ies for the future

    on the South African incorporated

    strategy, promoting South Africa asthe economic gateway to Africa. The

    savings and investment industry, as

    represented by ASISA, must deliver in

    terms of its continued relevance and

    sustainability as the custodian of the

    nations savings by growing a strong

    public/private partnership based

    on trust.

    Steven Braudo, MD,

    Liberty Life

    Lessons learnt from 2009: 2009

    reemphasised the fact that without

    a happy and satisfied customer,

    the entire industry is at risk. Harsh

    economic times often force one to

    reflect and take stock, and that hascertainly been true for us. We have

    always known that the customer is

    at the core of everything we do, and

    2009 reaffirmed the importance of

    resilience and flexibility to assist our

    clients in tough times.

    Strategic priority for 2010:

    Without a doubt, one of our greatest

    strategic priorities involves keeping

    the customer at the centre of every

    business strategy and decision. This

    will involve not only bringing new

    customers into the Liberty family, but

    also retaining our existing customers

    by remaining relevant and adding

    value to their lives. I speak for the

    Liberty team when I confidently say

    that we are ready, willing and able

    to shake things up and exceed the

    highest expectations that we have set

    for ourselves.

    Phillip Matlakala, CEO,

    Metropolitan Retail

    Lessons learnt from 2009: Our

    better-than-expected persistency

    levels affirmed that our customers

    are beginning to understand

    the value of their investments

    perhaps a sign of a shift towards

    a savings culture? Legislative

    reform has changed the way we

    do business both operationally

    and in principle with huge cost

    implications. Intermediaries were

    also affected with stringent FAIS

    regulations forcing out those who do

    not comply. This, coupled with the

    fear of new graduates pursuing a

    dying profession has created a skillsdearth.

    Strategic priority for 2010: The

    focus for 2010 will be on further

    optimising the way we do business,

    leading towards sustainable practices

    that place the customer at the core.

    We will continue in our commitment

    towards improving financial literacy

    by upskilling our intermediaries.

    We anticipate that implementing

    legislative changes will continue

    throughout 2010. Our focus will be

    on the things within our control, such

    as active management, competitive

    and appropriate products and

    improving the quantity and quality of

    our human resources.

    Nicolaas Kruger, CEO,

    Momentum group

    Lessons learnt from 2009: Threelessons deserve mention. The

    value of effective and appropriate

    risk management is the first

    important lesson. It is critical for

    KEEPINGTHECUSTOMER

    ATTHECENTREOFEVERY

    BUSINESSSTRATEGY

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    Gain essential insights which will help

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    life insurance companies to have

    an in-depth understanding of

    how their business will react to

    different risks. Secondly, business

    diversification provides protection,

    as different business units

    react differently to challenging

    conditions. Finally, the past year

    instilled a greater appreciation for

    South Africas financial regulatory

    landscape, where measures such

    as exchange controls shielded

    us from the worst of the global

    financial crisis.

    Strategic priority in 2010: I think

    discussions around retirement

    reform will accelerate in the next

    year. Industry has a vital role toplay in shaping South Africas

    future retirement landscape and

    this will surely be a focus area

    for life insurers during 2010.

    As important is the debate and

    consultation around the National

    Health Insurance. Momentum

    looks forward to working with

    industry and government to

    make meaningful contributions to

    establishing a sound foundation

    for an inclusive financial

    services industry.

    Selwyn Kahlberg, MD,

    Alexander Forbes Life

    Lessons learnt in 2009: Get

    the basics right! This means a

    strong back office, sound claims

    management processes and a

    great team of people threefactors that saw Alexander Forbes

    navigate the recession with

    success. A strong back office

    ensures clients are happy and

    that management can access

    the numbers (sales volumes,

    cash flow, solvency) quickly

    and confidently. Sound claims

    management processes protect

    against the increases in both

    fraudulent and disability claims. A

    great team of people will carry a

    company through almost

    any situation.

    Industrys strategic priority for

    2010: There are two priorities

    for 2010 firstly, maintaining

    solvency and profitability, while

    being prepared for the next shock

    to the system and secondly,

    achieving growth in a highly

    competitive space. The challengewill be to create meaningful

    product differentiation while

    providing a value-for-money

    proposition. The quality of the

    brand will play a large role in

    achieving success.

    Herschel Mayers, Discovery

    Life and Invest

    Lessons learnt in 2009: It is

    crucial to ensure that the business

    is built on quality foundations.

    The products offered have to

    meet customers needs and

    requirements in a dynamic, rapidly

    changing environment. If the

    right building blocks are in place,

    growth, investment and positivity

    is required, especially in tough

    economic times. These are the

    ingredients for ultimate success

    when the economic cycle turns forthe better.

    Strategic priority for 2010: Our

    priority in 2010 will be to continue

    to grow and invest in the business

    in South Africa, and to ensure that

    Discovery Life is at the forefront of

    innovation, exhibiting leadership

    in the life assurance industry. We

    will also expand our operations

    and success in the UK.

    Liz Lambrechts, chief

    executive, Sanlam Personal

    Finance

    Lessons learnt from 2009:

    2009 clearly showed us how

    important it is to have a visionary

    long-term strategy for resilience

    in good and bad times, and that

    the courage to implement that

    strategy, even in challenging

    times, is crucial for survival.

    Five years ago, the Sanlam

    group embarked on a strategy to

    diversify and place client centricity

    at the heart of our business. This

    strategy proved extremely resilient

    and allowed us to perform well

    this year.

    Strategic priority for 2010:

    Our greatest strategic priority

    for 2010 is to reestablish the

    trust of consumers and change

    consumer behaviour. Consumers

    are sceptical about both the

    performance and the ethics ofour industry, and have a more

    sophisticated understanding of

    financial solutions. As such, they

    now demand transparency, fair

    treatment and better service.

    The industry has gone some way

    towards addressing such issues

    but much remains be done in

    2010 to raise the image of the

    financial services industry and

    position it as genuinely

    client centric.

    David Price, MD, Liberty

    Corporate

    Lessons learnt from 2009:

    Liberty Corporate has had a

    successful year, despite the tough

    environment. As a business, we

    have resolved to harness the

    pressure of 2009 as a positive

    catalyst for change. We have been

    honoured to be recognised for our

    efforts by winning two industry

    awards: the 2009 FIA Employee

    Benefits Product Supplier of the

    Year Award and the 2009 PMR

    (Golden Arrow) Award for Large

    pension fund administrators and

    product providers insurers.

    Strategic priority for 2010: The

    challenge in 2010 is to remain

    focused on delivering on our

    promises and building on a very

    strong base in what is a constantly

    changing environment. Top of

    mind is making the customerjourney a seamless, pleasant

    experience, and ensuring that we

    are the first choice of advisers

    across the field.

    PRODUCTSOFFEREDHAVE

    TOMEETCUSTOMERS

    NEEDSANDREQUIREMENTS

    COVER STORY ENTERPRISE RISKFeb10LONG TERM

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    The Commission of Employment Eq-uity Report 2008 2009 from the Department ofLabour indicated that the percentage of permanently

    employed people with disabilities in the formal sec-

    tor has reduced from 1% to 0.7% compared with the

    previous year, despite targets set by the employment

    equity regulations.

    People with disabilities experience high unemploy-

    ment levels and often remain in low-status jobs. Ig-

    norance, fear and stereotyping contribute to possible

    unfair discrimination against people with disabilities

    in society and in employment. This unfair disability

    discrimination is perpetuated in many ways. There

    are many unfounded assumptions about the abilities

    and performance of job applicants and employees

    with disabilities. Workplaces are sometimes inacces-

    sible and training is not always appropriate for peo-

    ple with disabilities.

    FAR-REACHING BENEFITS

    People with disabilities can contribute their skills and

    abilities to the economy and society if employers re-

    move unfair discriminatory barriers and provide rea-

    sonable accommodation. The cost of claims on public

    social security and occupational benefit schemes can

    be reduced if employees with disabilities are retained

    at work.

    In practice, there is actually a lot that companies

    can do accommodate disabled employees and ben-

    efit from their skills and abilities, while meeting

    legislative targets.

    INSURANCE SOLUTIONS

    For example, it is prudent for any employer to pro-

    vide insurance cover for unplanned events such as

    employees becoming disabled due to illness or ac-

    cident. This would make employees eligible for in-

    sured benefits if they were not able to perform theirregular occupation because of a disability resulting

    from illness or accidental injuries. Group disability

    insurance policies provide benefits on an income re-

    placement basis or payment of a lump sum benefits

    In practice, companies can do a great deal to accommodate disabled

    employees and benefit from their skills and abilities while meeting

    legislative targets. BY ANTON ENGELBRECHT, ALEXANDER FORBES HEALTH

    DISABLED EMPLOYEES

    Reasonable accommodationin the workplace

    in conjunction with retirement benefits from the re-tirement fund.

    As such, the provision of disability insurance by

    employers should be viewed as a part of a disability

    risk management strategy in the workplace.

    REGULATORY ISSUES

    Historically, employers accepted the insurers deci-

    sion in terms of the validity of the disability claim

    submitted without applying the provisions stipulated

    in Schedule 8 of the Labour Relations Act (LRA).

    These provide a clear procedure requiring the em-

    ployer to investigate any medical incapacity of an

    employee prior to termination of the employee-em-

    ployer relationship with an intention of retaining

    the employee in his or her occupation or even a dif-

    ferent occupation as far as reasonably possible.

    Furthermore, the Code of Best Practice on Key

    Aspects of Disability in the Workplace issued by

    the Department of Labour provides a guideline for

    employers, employees and their representatives to

    develop, implement and refine disability equity

    policies and programmes to suit the needs of their

    respective workplaces.

    A number of initiatives can be undertaken by em-

    ployers not only to comply with the requirements of

    the Code of Best Practice but also become the em-

    ployer of choice for persons with disabilities.

    Designing a strategy that would achieve compli-

    ance with the Code of Best Practice as well as assist

    companies become an employer of choice would in-

    clude the following objectives:

    ensure all human resource policies comply with

    relevant legislation, i.e. Employment Equity Act

    and the abovementioned Code of Good Practice

    create an environment that is disabled-friendly,

    physically accessible and socially accommodative

    actively drive to recruit and select suitable disabledcandidates for all vacancies and to rehabilitate and

    train employees who become disabled

    provision of further training and career advance-

    ment opportunities for persons with disabilities.

    ANTON

    ENGELBRECHT

    Engelbrecht (BMedSci,

    BSc (hons) Bio

    Systems Cum Laude,

    MBA) is a business

    development andstrategic consultant

    at Alexander Forbes

    Health.

    ENTERPRISE RISKFeb10 EMPLOYEE BENEFITS

    25

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    The main purpose of an RA fund is toprovide a life annuity upon retirement of a member of55 years or older, or annuities for the dependants or

    nominees of deceased members.

    In order to encourage saving for retirement, the In-

    come Tax Act allows for deductions from a taxpayers

    income, up to certain limits, for contributions made to-

    wards retirement savings, explains Navin Ramparsad,

    head: legal and compliance at Momentum Wealth. Typ-

    ically, clients can claim a deduction equal to a maximum

    of 15% of non-retirement funding income; or R1 750; or

    R3 500 less allowable pension fund contributions.

    In terms of current legislation, contributions in excess

    of the allowable deduction will be taken into account

    at retirement and potentially increase a clients tax-free

    amount. It is advisable to contribute as much as possible

    towards retirement savings, but at the very least clients

    should endeavour to contribute at least the maximum

    allowable deduction towards retirement, as this will also

    assist in minimising their tax liability.

    Erica Stuart of Liberty Group Advisory Services elabo-

    rates: If a client contributes a R100 000 lump sum

    into his/her retirement annuity then he/she would

    qualify for a deduction. SARS will apply the formula

    to determine what the tax deductible amount would

    be. It is important to note that if an employee

    qualifies for a tax deduction now, these

    amounts will be deducted from his/her

    tax-free amount at retirement.

    Upon retirement, up to one-third

    of the benefit may be taken as a lump

    sum. Up to R300 000 of the total lump

    sum received from pension, provident

    and RA funds during a persons life-

    t