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When Disaster Strikes –

When Disaster Strikes –. Preparing Your Claim, Documenting Your Losses and Satisfying Your Deductibles. Micah Skidmore Haynes and Boone, LLP. Effective First-Party Claim Execution. Preparing for Disaster Best Practices in Claims Management Claims Post-Mortem. Contingency Planning.

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When Disaster Strikes –

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  1. When Disaster Strikes – Preparing Your Claim, Documenting Your Losses and Satisfying Your Deductibles Micah Skidmore Haynes and Boone, LLP

  2. Effective First-Party Claim Execution • Preparing for Disaster • Best Practices in Claims Management • Claims Post-Mortem

  3. Contingency Planning • Prepare incident response or business continuity plans • Natural Disaster • Workplace violence/employee crime • Network security/data breach

  4. Contingency Planning • Develop/train cross-disciplinary team • Risk management • Legal • Finance/accounting • Communications

  5. Contingency Planning • Evaluate potential losses • MFL/PML • Update property/BI valuations

  6. Policy Review • Limits for PD/BI • Deductibles/SIR/Co-insurance • Indemnity period • Supplementary coverages • Exclusions

  7. Policy Review • Claims process • Notice • Proof of loss • Contractual limitations • Appraisal

  8. Claim Execution: First 72 Hours • Loss mitigation • Initiate response plans • Property damage/business interruption • Sue & labor coverage

  9. Claim Execution: First 72 Hours • Communication protocol • Internal controls/privilege • Capture expenses • Notice to insurers • Coordinate with third parties

  10. Claim Execution: Long Term • Advancements on PD/BI loss • Anticipate loss payee interests • Proof of loss/statement of loss • Ramp-up deduction for delay in completion claims

  11. Claim Execution: Long Term Delay Period – Incomplete Measurement of Loss Actual Post-Loss Performance Actual Loss Full Operations But For Incident (Expected Ramp-Up) Actual (Post-Loss) Ramp-Up Actual Completion Date Planned Completion Date Period of Delay Period of Loss

  12. Claim Execution: Long Term • Document supplementary coverages • Physical “loss” and “damage” • Professional fees • Increased cost of construction/civil authority

  13. Claim Execution: Long Term • Reinforce communication channels • Insurers • Adjusters • Experts

  14. Claim Execution: Pitfalls • Claims within SIR/deductible • Timeliness v. accuracy in communication • Last minute requests for advances • Pursuing responsible third-parties • Failure to replace/replace insured property • Deduction for depreciation on partial repair?

  15. Deductibles/SIRs/Co-Insurance • Calculating self-insured loss • Fixed • Percentage of value • Waiting period • How many deductibles/SIRs owed? • Maintain current valuations to avoid coinsurance penalties

  16. Claims Post-Mortem • Update response/continuity plans • Re-evaluate policy terms/limits • Provide feedback to internal/external teams • Review communications protocol • Identify other lessons learned

  17. Questions

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