Legacy Risk Manages Insured Assets Exceeding $750,000,000

July 14, 2009

As of 7/1/09, the addition of the latest client has pushed managed insured assets over $750,000,000 and annual premium managed over $7,000,000.

The client list includes six structured family offices, the family members, their businesses and not-for-profit interests and ten multi- generational family businesses, their personal insurance and not-for-profit interests.

Services are provided by:

Ken R. Butler, President & CEO, CPCU and ARM

Joseph D. Zalar, Employee Benefits and Life Consultant, CLU and ChFC

Kevin D. Gregory, Strategic Planning Consultant

Gregory R. Bean, General Counsel

Mardi A. DePaul, Analyst and Special Projects Coordinator

Legacy Risk Solutions serves as the independent gatekeeper of their client’s risk management and insurance program.  The goal is to direct the purchase of the right coverage, with the right agent for the right price.

Converting Risk Dollars into Dollars for Philanthropy

July 1, 2009

philanthropy-1Every dollar of insurance  premium saved, claims paid and claims avoided frees precious dollars for philanthropy!  Ken R. Butler, CPCU, ARM,  a leading wealth preservation risk manager, is scheduled to present this luncheon topic at the upcoming Private Wealth Magazine Workshop, scheduled for August 4, 2009, at the Hyatt Regency Hotel in Chicago.  A description of the workshop topics and registration information is available by contacting Steve Kimball at skimball@fa-mag.com

Family Enterprise Risk Management – A New Tool To Reduce Insurance and Risk Costs

March 25, 2009

Legacy Risk Solutions introduced the Family Enterprise Risk Management platform at a gathering of Family Office executives in Cleveland, OH February 4, 2009.  Benefits of the FERM platform – Insurance premium and health insurance cost reduction; coverage gaps eliminated; independent supervision and open communication reduces potential for coverage gaps.

A Team Platform

The FERM platform is made up of a team of three independent finance professionals, including an investment risk manager, casualty risk manager and insurance professional.  These professionals may come from the client’s existing group of advisers or be selectively added, as the need arises. 

  • FERM is an integrated platform to manage the financial, operational, strategic and regulatory risks of famailies and their business enterprises.

 

Mr. Butler defines his casualty risk manager role as follows:

  • Objective cost and coverage benchmarking
  • Creator and enforcer of “Best Practice” family risk management standards
  • Coverage advocate for the client’s interests

Reasons the FERM Platform Works

  • Team works together for common goal: Wealth Preservation
  • Encourages controlled assumption of risk, including captives and risk retention groups
  • Improves transparency of insurance transactions

Contact Ken Butler for more information about this new tool to reduce insurance and risk costs, kenblegacy@aol.com

Top Ten frequently asked family insurance questions and answers.

December 12, 2008
330-659-6337
(FAX) 330-659-2608
LEGACY RISK SOLUTIONS, LLC
Analysts and Consultants
Risk and Insurance Management
3729 Waitley Drive
P.O. Box 296
Richfield, Ohio 44286

CLIENT ADVISORY

 TOP TEN FREQUENTLY ASKED
FAMILY INSURANCE QUESTIONS

The following information is intended to be used as a training guide for Family Office employees who serve as the “Point of Contact” for family members. All employees should be cautioned to forward questions to their insurance provider for a formal response.

1. Rental Car – Does my policy cover damage to a rental car, due to my negligence? Should I buy the collision damage waiver from the rental car company?

Answer: Most insurance companies will insure, for a premium, damage to a rental car, whether it’s a replacement vehicle because your normal auto is in for repair or otherwise unavailable, or if on vacation. It is not automatic. What is not typically insured is the loss of revenue the rental company will charge you! Ninety days at $60 per day equals $5,400. To avoid having a hold put on your credit card, it is recommended that all clients purchase the collision damage waiver.

2. Mexico Car Rental – Is it necessary to buy Mexican auto insurance if I drive my car only two miles into Mexico?

Answer: Yes, with no exception, you must buy Mexican automobile coverage when operating an automobile in Mexico.

3. Permitted Domestic Employee Operation of a Vehicle – Is there coverage when:

  •  He/she drives my car on errands?

Answer: Yes, both he/she and you are insured.

  •  Drives his/her car on errands for the family?

Answer: No, your domestic employee’s Automobile policy would respond if sued, but he/she is not insured under your policy. Again, his/her Auto policy would have to respond for his/her negligent operation of his/her vehicle. Your policy would respond only for your interests if you are also sued.

  •  Is my employee insured if he is driving a neighbor to the doctor at my direction, in my car?

Answer: Yes. Caution: All employees who drive your car should have their driving record checked annually by your insurance company.

4. Friends – Am I insured operating my roommate’s car with permission?

Answer: Yes, your policy will respond if they did not have sufficient limits in their policy. Insurance follows the vehicle. The roommate’s policy would pay first and then your policy would pay if their coverage limit(s) were exhausted.

5. Can I remove my child from my Auto policy and still keep them insured in my Umbrella?

Answer: Yes, as long as the child is a resident at your home and you have your child’s policy added as an underlying policy in your Umbrella policy. Call your agent.

6. National Flood Insurance – Are my non-residence structures and contents in those structures insured? Also, are the contents of my basement insured?

Answer: No, flood is limited to the primary residence structure and contents and excludes personal property in a residence basement or crawlspace.

The primary National Flood Policy covers the primary dwelling structure at the residence address for the 250,000 dwelling limit along with contents coverage in the amount of 100,000 or a lesser amount as shown on the policy (contents in a crawl space or basement would be excluded). If additional other building structures are needed to be covered for the peril of flood, i.e., pool house or detached garage, a separate flood policy would need to be written naming that particular structure. Also, any non-building other structure, i.e., docks, retaining walls, fences, seawalls, bulkheads, wharves, piers or bridges, would not be insurable for the peril of flood by the national flood insurance program. In addition, land, trees, shrubs, plants/landscaping would be excluded by the flood policy and those portions of walks, decks, driveways, patios and other surfaces, whether protected by a roof or not, located outside the perimeter of the exterior walls of the resident building would not be covered.

Recommendation: A special Flood policy needs to be obtained to cover contents in the basement and unattached structures, such as pools. Call your agent.

7. Roommate Property – Is my roommate’s property insured in my Homeowners or Condo policy?

Answer: No, they would need their own separate policy to cover their personal property or be listed as a named insured under your policy.

8. Domestic Employment Practices Liability – Does my policy provide coverage if a domestic employee applicant alleges discrimination? What about the employee who is terminated?

Answer: Not automatically. Some Homeowners policies can be endorsed to provide Employment Practices Liability, up to a limit of $500,000, subject to a $10,000 deductible, with a maximum limit of five domestic employees. Call your agent.

9. Does my Homeowners policy provide any coverage for liability arising from business activities?

Answer: Maybe. Many insurance companies limit coverage to your private investment business activities. Otherwise, any commercial ventures operated from the home such as, but not limited to, accounting, property management for others, and business consulting require special treatment. Call your agent.

10. Will my Homeowners liability respond to a work related injury claim from a domestic employee?

Answer: No, you must purchase Workers’ Compensation.
Please call as questions arise. Also, please feel free to refer to our updated website: www.legacyrisksolutions.com.

Sincerely,

Ken R. Butler

Ken R. Butler, CPCU, ARM
President & CEO

KRB/md

TopTenFAQ-FamilyInsurance

Ken R. Butler is the President & CEO of Legacy Risk Solutions, LLC. Mr. Butler is an entrepreneur and industry leader in the analysis of affluent family and business risk management needs and development of legacy preservation plans. 

Fee Only – No Commissions – No Conflict of Interest

This article is a general discussion about the subject matter and should not be represented as applicable in any state in the United States of America. this document is for the exclusive use of Legacy Risk Solutions, LLC clients. It shall not be reprinted or portions reproduced in any form, by any other party, without the permission of the author. Author Contact: 330.659.6337 or 330.283.0952, or KenBLegacy@aol.com. The Legacy Risk Solutions website is: www.legacyrisksolutions.com.

Service on outside, high profile for-profit and not-for-profit boards.

December 12, 2008
330-659-6337
(FAX) 330-659-6241
LEGACY RISK SOLUTIONS, LLC
Analysts and Consultants
Risk and Insurance Management
3728 Waitley Drive
P.O. Box 296
Richfield, Ohio 44286

CLIENT ADVISORY

SERVICE ON OUTSIDE, HIGH PROFILE
FOR-PROFIT AND NOT-FOR-PROFIT BOARDS

It is safe to say that no one serving as a Director of a for-profit or not-for-profit entity is immune from Employment Practices litigation. Therefore, we caution our clients that serve high profile, for-profit and not-for-profit entities, such as banks, hospitals, and social service agencies that control assets in excess of $500MM, to anticipate a higher incidence of Employment Practices claim activity.

The following comments are offered for consideration:

1. Indemnification – Individuals who serve for-profit and not-for-profit entities should not be at risk for financial loss from an Employment Practices claim, given the indemnification provided by the institution. The one exception would be if there is an allegation that the person committed some illegal act.

2. There are two primary reasons for limiting services on high profile Boards:

• Time for the Judicial Process – A common complaint is the amount of personal time required in the event a lawsuit is filed. Many suits individually name each Board member. Travel plans and business operations take a backseat to the demands of the court, once a legal process is started. There is also the frustration factor as the proceedings move forward and personal schedules are disrupted to accommodate the requirements of the Court for hearings, depositions and trial.

• Confidentiality/Security – Being named in a lawsuit may expose Board members to public scrutiny of their finances, if it can be shown by the plaintiff that such information is material to the proceedings. Such disclosure is not in the best interests of high net worth families who wish to maintain confidentiality.

It is understood that serving as a Director provides a valuable resource to both the business and not-for-profit community. However, if a person is to serve on a high profile Board or Executive Committee, it should be with the understanding that the services will be provided on a term limited basis. Ideally, services should be limited to three to five years. In addition to the term limitation, it is suggested that family members limit their service to a high profile Board to not more than one high profile Board per person, per year.

Feel free to call should you wish to discuss these comments and recommendations.

Ken R. Butler

KRB/md
Service-HighProfileBoards

Ken R. Butler is the President & CEO of Legacy Risk Solutions, LLC. Mr. Butler is an entrepreneur and industry leader in the analysis of affluent family and business risk management needs and development of legacy preservation plans.

Fee Only – No Commissions – No Conflict of Interest

This article is a general discussion about the subject matter and should not be represented as applicable in any state in the United States of America. this document is for the exclusive use of Legacy Risk Solutions, LLC clients. It shall not be reprinted or portions reproduced in any form, by any other party, without the permission of the author. Author Contact: 330.659.6337 or 330.283.0952, or KenBLegacy@aol.com. The Legacy Risk Solutions website is: www.legacyrisksolutions.com.

Recommendation: Personal/Independent Directors Liability

December 12, 2008
330-659-6337
(FAX) 330-659-6241
LEGACY RISK SOLUTIONS, LLC
Analysts and Consultants
Risk and Insurance Management
3728 Waitley Drive
P.O. Box 296
Richfield, Ohio 44286

CLIENT ADVISORY

RECOMMENDATION:
PERSONAL/INDEPENDENT DIRECTORS LIABILITY

All corporate primary D&O and Employment Practices Liability policies, whether for-profit or not-for-profit, are inherently restrictive to the individual directors. Examples follow:

a. May not respond for individual director’s personal liability if facts support a violation of law, such as Sarbanes-Oxley.

b. Corporate policy limits may be eroded or exhausted by earlier reported claims in the same policy year.

c. Corporate policy could be terminated if there is a change of control.

d. Tail liability may be mishandled by acquiring company in a merger or acquisition.

e. Employment Practices class action claim reserve could exhaust available limits.

f. Securities claims exclusions.

g. Restrictive “Hammer” settlement clauses.

h. Sexual Misconduct exclusions.

i. Pollution and ERISA exclusions.

Those who act as “Advisors” to for-profit or not-for-profit entities have the same primary risks as if they were Directors and Officers, if they engage in the types of activities commonly provided by a Director or Officer, including:

a. Employment discussions

b. Acquisition or divestiture discussions

c. Executive compensation

d. Discussions concerning the not-for-profit status

e. Grant making to third parties

f. Review of financial reports

g. Serving on a Finance or Audit Committee

Recommendation: Consider an Independent/Personal Directors & Officers proposal.

Feel free to call should you wish to discuss these comments and recommendations.

Ken R. Butler

Ken R. Butler, CPCU, ARM
President & CEO

KRB/md

Ken R. Butler is the President & CEO of Legacy Risk Solutions, LLC. Mr. Butler is an entrepreneur and industry leader in the analysis of affluent family and business risk management needs and development of legacy preservation plans.

Fee Only – No Commissions – No Conflict of Interest

This article is a general discussion about the subject matter and should not be represented as applicable in any state in the United States of America. This document is for the exclusive use of Legacy Risk Solutions, LLC clients. It shall not be reprinted or portions reproduced in any form, by any other party, without the permission of the author. Author Contact: 330.659.6337 or 330.283.0952, or KenBLegacy@aol.com. The Legacy Risk Solutions website is: www.legacyrisksolutions.com.

Personal-IndependentDirectorsLiability

LEGACY RISK SOLUTIONS, LLC
RISK AND INSURANCE MANAGEMENT CONSULTANTS

D&O Liability Insurers Brace for Sub-Prime Attack

December 12, 2008
330-659-6337
(FAX) 330-659-6241
LEGACY RISK SOLUTIONS, LLC
ANALYSTS AND CONSULTANTS
RISK AND INSURANCE MANAGEMENT
3728 Waitley Drive
P.O. Box 296
Richfield, Ohio 44286 

CLIENT ADVISORY

TO: All Legacy Risk Solutions, LLC Clients

RE: D&O Liability Insurers Brace for Sub-Prime Attack

The sub-prime mortgage fallout is predicted to hit the Directors & Officers Liability insurers in 2009. Lawsuits have already been filed against major players in the transactional side of the business. The financial services insurance products at risk include Directors & Officers Liability, Fiduciary Liability and Financial/Investment Management Errors & Omissions Liability.

1. Directors & Officers Liability – Suits against the directors and officers of the companies that set up and directly managed the accounts.

2. Fiduciary Liability – Claims by employees or trust beneficiaries against pension or trust fund managers or the employees of companies who served on the Investment Committees.

3. Financial/Investment Management Errors & Omission Liability – Actions by the customers against investment management companies who advised their clients to invest in companies that were involved in sub-prime mortgage investments.

At this point, it is difficult to predict the magnitude of the insured losses. Nonetheless, the insurance industry is expected to use the building level of cases as the justification for increasing pricing in a range of 15% to 25% for D&O renewals occurring after 1/1/09. This trend is expected to continue through 2009 and 2010.

Suggested Strategies

1. Inform the Board of any owned or controlled business enterprises now that there is a building pressure for price increases for financial insurance products.

2. Request the insurance agent/broker to provide optional higher and lower limits of liability for the 2009 renewals of any financial insurance product.

3. Request a disclosure from your financial/investment advisor of any portion of the investments that were or are now in the sub-prime mortgage area. This disclosure, when received, should be passed on to all parties that share in the investment. This should all be done in concert with advice from legal counsel.

4. Directors & Officers Liability insurance companies believed to have little exposure to sub-prime, CDS or Securities Lending Liability include:

• ACE
• Chubb
• Travelers

Questions can be directed to Ken R. Butler, CPCU, ARM, at 330-659-6337 or kenblegacy@aol.com. Also, please feel free to refer to our updated website: www.legacyrisksolutions.com.

Sincerely,

Ken R. Butler

Ken R. Butler, CPCU, ARM
President & CEO

KRB/md

Ken R. Butler is the President and CEO of Legacy Risk Solutions, LLC. Mr. Butler is an entrepreneur and industry leader in the analysis of affluent family and business risk management needs and development of legacy preservation plans.

Fee Only – No Commissions – No Conflict of Interest

This article is a general discussion about the subject matter and should not be represented as applicable in any state in the United States of America. This document is for the exclusive use of Legacy Risk Solutions, LLC clients. It shall not be reprinted or portions reproduced in any form, by any other party, without the permission of the author. Author contact: 330.659.6337 or 330.283-0952, or KenBLegacy@aol.com. The Legacy Risk Solutions website is: www.legacyrisksolutions.com.

D&OInsurers-SubPrimeAttack- Advisory

LEGACY RISK SOLUTIONS, LLC
RISK AND INSURANCE MANAGEMENT CONSULTANTS 

Disputed Claims-How to counter the insurer’s unfair advantage.

December 12, 2008
330-659-6337
(FAX) 330-659-6241
LEGACY RISK SOLUTIONS, LLC
Analysts and Consultants
Risk and Insurance Management
3728 Waitley Drive
P.O. Box 296
Richfield, Ohio 44286

CLIENT ADVISORY

DISPUTED CLAIMS -
HOW TO COUNTER THE INSURER’S UNFAIR ADVANTAGE

By: Ken R. Butler, CPCU, ARM
Legacy Risk Solutions, LLC

Insurance companies sometimes take advantage of their policy holders after a claim is presented. The insurance company got what it wanted, the premium payment, up front. In some cases, insurers leverage this advantageous position with an attitude “we have the money, try and get it.”

The dirty little secret in the claims business is every day of delay in paying what is owed increases the insurance company’s investment income and lowers the net cost of a claim. This slow pay or no pay practice does not show up on any balance sheet. Nonetheless, it is believed to be a contributor to the insurance industry’s positive bottom line.

There are five strategies an insurance company may use to slow down the process and reduce their obligation for payment.

1. Stating vague arguments for why the claim would not be covered or would not be fully covered.

2. Dispute the value of the claim.

3. Allege breach of policy conditions, such as the claim notice conditions.

4. Using slow payment and the threat of further slow payment as a negotiating tool, to force the insured to accept a lower final settlement than they deserved.

5. Extra Contractual Arguments – “Extra Contractual” means the insurance company implies that its assertions for a reduced settlement are based upon their rights in the insurance policy. Actual Cash Value and denial of Diminution of Value are examples.

All of the above strategies are intended to delay the process so that the insurance company continues to hold all the money and earn income during the period of delay. An added advantage to the insurance company is slow payment can then be used as leverage, to push an insured to a settlement that is less than what should have been paid. Some use the financial pressures facing the insured, who is trying to crawl their way back into a comfortable lifestyle, as a bargaining chip!

Strategies for Policy Holders

1. Do not play into the hands of the insurance company by ignoring policy conditions.

  •  Follow the claim notice requirements in the policy to the letter. Send notice of lawsuits directly to the insurance company, not the agent.
  •  Do not fraudulently represent the value of the claim. All states have laws against misrepresentation of a claim, allowing the insurer to void the entire claim obligation if the insurer can prove the insured attempted to commit fraud.

2. Claim Defense Expenses – Demand that the insurance company and the selected law firm establish a direct fee reimbursement relationship. The insured should not allow itself to be placed in the middle of being billed by the law firm and then having to turn around and send those bills on to the insurance company for reimbursement.

3. Demand Partial Payments – Insurance companies have a good faith obligation to reimburse the insured for their expenses and loss mitigation costs soon after they are incurred. In addition, repair expenses that are likely to be completed within a short period of time should also be advanced by the insurer.

  •  Demand 50% of the repair expense as soon as the insured has a plausible estimate from their contracting/design team.

4. Immediately counter any arguments raised by the insurer that might be used as the basis to reduce or deny part of the claim. Engage your own counsel to pursue a Partial Summary Judgment on any insurer position that unfairly reduces the insurer’s obligations.

5. Maintain detailed minutes of every meeting with the insurance company’s adjustment team. Claim discussion meetings are very difficult to monitor. Often, there are various disciplines within the room, including attorneys, architects, contractors and company staff. Companies are encouraged to use an experienced moderator at these meetings and assign a company staff person with the duty to take the minutes of the meeting. The minutes should be distributed to all parties attending the meeting. It is suggested the communication of the minutes require an acknowledgement that the party accepts the minutes as recorded. This will reduce misunderstandings and also keep the process moving forward.

6. Require the insurer to commit to a timeline. The final document that completes the claim process is the Proof of Loss. This document requires the input of both the insured and the insurance company. Organize the timeline so that there is a commitment for progress payments as well as an end date for final negotiation of the claim.

7. Request extension of the Proof of Loss completion deadline, which is often required sixty (60) days after the loss. Ask for at least 120 days.

8. Hire the best forensic accountants to value any business income loss.

The above strategies will reduce the likelihood that a Bad Faith Claim against the insurance company would become necessary. Bad Faith Claims are not easy to prove and in some states are nearly impossible to win. Following the above strategies will reduce the time of delay in reaching a final settlement.

Sincerely,

Ken R. Butler

Ken R. Butler, CPCU, ARM
President & CEO

KRB/md
Ken R. Butler is the President & CEO of Legacy Risk Solutions, LLC. Mr. Butler is an entrepreneur and industry leader in the analysis of affluent family and business risk management needs and development of legacy preservation plans.

Fee Only – No Commissions – No Conflict of Interest

This article is a general discussion about the subject matter and should not be represented as applicable in any state in the United States of America. This document is for the exclusive use of Legacy Risk Solutions, LLC clients. It shall not be reprinted or portions reproduced in any form, by any other party, without the permission of the author. Author Contact: 330.659.6337or 330.283-0952, or KenBLegacy@aol.com. The Legacy Risk Solutions website is: www.legacyrisksolutions.com.

DisputedClaims

 LEGACY RISK SOLUTIONS, LLC
RISK AND INSURANCE MANAGEMENT CONSULTANTS

Property, Liability, Employee Benefits & Life Insurance Analysis

July 25, 2008

Legacy Risk Solutions provides objective Property, Liability, Employee Benefits and Life Insurance analysis.

LRS serves as the independent gatekeeper of their client’s Risk Management and insurance programs.

Financial planners had overwhelmed a client, presenting complicated Life Insurance alternatives. Legacy Risk Solutions provided independent and objective analysis of the plans offered. The result was a tailored program to the client’s objectives that was efficiently priced.

Common Recommendations include:

1. Consider investment options with lower expenses on variable life policies.

2. Evaluate the tax advantages of changing the beneficiary to a favorite charity and allowing the policy dividends and cash value to continue to pay the premiums without paying any additional premium.

3. Increase the coverage duration of Term Life by reducing the policy death benefit.

4. Level the death benefit. Change an increasing life benefit option to a level death benefit option, to extend the duration of Term life products.

5. Take advantage of the most recent extended mortality tables by submitting to a new life physical exam.

LRS Conducts a Family Owned Health Insurance Captive Feasibility Study

July 25, 2008

Mission: To efficiently deliver quality health insurance benefits to all family members, the employees of the businesses owned by the family and the employees of the not for profit agencies supported by the family.

Vision: To be recognized as a revolutionary plan that reduces family office and not- for-profit health insurance costs, freeing precious dollars for the not-for-profit missions.


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