Professional indemnity insurance or Errors & Omissions insurance
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Transcript of Professional indemnity insurance or Errors & Omissions insurance
Project Partner
Construction & oil terminalling
Risk exposures and Risk transfer solutions
C:\Documents and Settings\SakpalD\Desktop\Project Partner-27.8.2012 vdraft v4.pptx
Time Stamp
DRAFT
DRAFT
0
26-08-2015
DISCUSSION MATERIALS
IOTs Business Matrix
IOTs Insurance Program
Risk Exposures
Claim Scenario
Risk Transfer Matrix
PI Cover
Way Forward
Agenda
1
DRAFT
Some Of Our Clients We Are Representing
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DRAFT
IOT Infrastructure & Energy Services Limited (IOT) a technical and logistics solutions provider with domain expertise in
Engineering Procurement & Construction (EPC),
Terminalling,
Upstream Services,
Renewable Energy.
Internationally benchmarked standards across all business models
Successful handling of crude oil, petroleum products and petrochemicals as a storage provider
Some major achievements across Pan India like Mumbai, Chennai, Goa in the following fields:
Independent terminals,
Storage provider, Refinery Tankfarm,
Common User Terminals
Operations & Maintenance
18 terminals with a capacity of 2.9 million KL
IOT Business Matrix
3
DRAFT
IOT Business Matrix Contd
IOTs EPC vertical, an integrated engineering, procurement and construction service provider to the Oil & Gas, Power and Infrastructure sectors
Areas of expertise:
Service Provider from Concept to Commissioning
Full in-house EPC Capabilities
Proven Track Record in the Power Sector
Synergies with Terminalling Business
Global experienec in completing and commissioning EPC projects
Employ over 2,000 people and have a business presence in over 11 countries.
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Variety of operating models
DRAFT
CAR/EAR/ policy directly as a main contractor
CAR/EAR Covered under main contract policy when working as a sub-contractor
Covered also for Marine risks
Property coverage SFSP/IAR for operational assets
Terrorism/Political risks/ Credit risks not covered
Covers need to be clarified on these Liability products
D&O
Public liability/CGL
PI
Our Understanding Of IOT Insurance Programs
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DRAFT
Involves in significant investment
Long implementation period
High exposures to potential losses from perils such as
Design flaws
Act of God Perils (Earthquake, Flood etc)
Accidents
Errors of commission/omission
These losses could adversely affect the viability
Time delays and cost overruns (escalation)
Wrong project estimations
Coordinating with multitude of contractors
Comprehensive insurance cover is the necessity for addressing the requirement of all the stake holders including lenders.
Risk Exposures In Infrastructure Projects
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DRAFT
Case1: Lower tier sub-contractor agreement/sub-contractor management .
A main contractor engaging in a sub-contractor on a package basis would be responded for the actions of the sub-contractors
Case 2: Performance specification/non-adherence/delays in execution
Over & above the LD which may be triggered due to delay, the EPC contractor may be sued for the dereliction of duty
Case 3: Defective design
Contractors PI would be triggered in case of defective design / workmanship resulting in latent fault manifesting into a claim
Case 4: Inadequate supervision during construction
Professional negligence for lack of supervision for e.g in a civil contract design drawings provided for bracing at a particular level was aimed at sectional drawings
Claims Scenarios
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Risk Transfer Framework
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Professional acts, errors or omissions
Mitigation costs
Sub-contractor liabilities
Defence costs
Loss of documents
What Does PI Cover?
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Covered Contractor Activities
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Feasibility studies
Front end designs
Detailed designs
Technical information calculation
Geotechnical studies
Project management
Surveying (Quantity and Land)
Procurement management
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Extensions
Continuous cover
Claims preparation costs
Libel, slander and defamation
Court attendance costs
Extended notification period
Intellectual property
Inquiries
Joint venture
Merger / takeover / sale / winding-up of insured run-off coverage
Newly created / acquired subsidiary company
Past subsidiary company
Public relations expenses
DRAFT
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Some Exclusions
Aggravated, Punitive, Exemplary damages, Fines or Penalties
Employers liability
Prior claims and circumstances
DRAFT
Vulnerabilities :Types of Damages
DRAFT
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Vulnerabilities :Sources of Claims
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Understanding IOTs contractual risk sharing arrangement
Understanding current insurance program
Operational assets
CGL/Public liability/D&O
Terrorism/Political risk
Customer credit
Finalize the risk transfer mechanism
Determination of Limit of Liability
In-principle decision to proceed
Collating of underwriting information
Detailed discussion on policy structure
Approach various Insurance and Reinsurance markets
Way Forward
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DRAFT
Thank you
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0%10%20%30%40%50%60%
Bodily Injury -
Construction
Bodily Injury -
Other
Property Damage
Economic Loss
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% of Claims Count
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Architect
Civil
Structural
Mechanical
Electrical
OtherClaim Dollars
Claim Count
Fees