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Complex Liability
                                                                                                      Consulting Practice




GLOBAL INSURANCE
ARCHAEOLOGY SERVICES




Many organizations face complex legacy                          THE VALUE OF HISTORIC INSURANCE
liabilities that can negatively impact their                    Historic insurance assets dating back 60 or more years can
financial outlook. Allegations surrounding                      provide significant protection against today’s burdensome
these types of liabilities can span decades                     claims costs. The combined limits of a historic insurance
                                                                portfolio can total hundreds of millions of dollars.
and include the following types of                              Importantly, historic policies often contain broader
“long-tail” exposures, among others:                            coverage including:

• Asbestos;                                                     • Lack of key exclusions;

• Construction defects;                                         • Lower deductibles;

• Welding fumes;                                                • Absence of aggregate limits for certain exposures; and

• Pollution;                                                    • Defense costs paid in addition to the limits of liability.

• Medical devices/pharmaceuticals;                              The value of these historic assets, however, can be
• Product liabilities; and                                      diminished by insurer runoff and insolvency issues.
• Sexual misconduct.                                            Therefore, companies with existing or potential long-tail
                                                                liabilities should ensure that they take the opportunity to
A company’s historic occurrence-based liability insurance       recover these valuable assets now.
policies can protect it from the negative financial impact of
these claims. Yet many companies are unable to locate
                                                                CAN YOU LOCATE YOUR HISTORIC
their historic policies or other insurance records that could
prove the existence of this potentially valuable coverage.
                                                                INSURANCE COVERAGE?
The ability to locate documentation of historical coverages     Due to age of these documents, companies all too often
is critically important as U.S. courts generally place the      are unable to locate the coverage they need. Company
burden of proving the existence of any policy on the            mergers and broker changes compound this problem.
policyholder.                                                   Files are moved and forgotten, and personnel with crucial
                                                                institutional knowledge retire or relocate.
Marsh Risk Consulting’s (MRC) Complex Liability                                 LONDON INSURANCE-MARKET ARCHEOLOGY
Consulting Practice has a dedicated, global insurance
archaeology team that can assist those seeking to locate                        For the past hundred years Lloyd’s and London insurers
lost policies. Working in close collaboration with clients,                     have been major providers of insurance coverage to the
our experienced insurance archaeologists can find                               commercial world. Since 1988, our London team has been
historical insurance assets through comprehensive                               offering a full range of London insurance market
research in a number of areas, including:                                       archaeology services. The unit has direct access to the
                                                                                largest broker archive in the London market with records
• Research and internal reviews of historic corporate                           dating back to the 1940s. The team has extensive contacts
  records and archives;                                                         with London insurers and other insurance brokers to
                                                                                provide a comprehensive research service. Our extensive
• Interviews with current and former personnel such                             contacts in the London insurance market also can provide
  as risk managers, corporate counsel, and records                              clients with expert guidance regarding London insurer
  managers;                                                                     insolvencies and schemes of arrangement.

• Research and contact with former brokers, including
  detailed interviews with brokerage personnel who may                          GETTING STARTED
  have knowledge about a particular account;
                                                                                Prior to any research project, our archaeologists will
• Identification and contact with various outside sources,                      contact or meet with you to thoroughly discuss the scope
  including law firms, government entities, and                                 of the project. They will, for example, determine coverage
  accounting firms that may have retained important                             gaps, obtain additional information on the history of any
  evidence of insurance;                                                        pertinent companies (including predecessors), and
                                                                                determine what research steps may have already been
• Contact with insurers to coordinate research for                              undertaken. After completing these initial steps, our
  additional policy documentation; and                                          archaeology team will provide a comprehensive proposal
• Specimen policy form research to locate standard terms                        detailing a specific research plan to find the lost policies
  and conditions for policies supported only through                            at issue.
  secondary evidence.



For more information about the Complex Liability Consulting Practice and other solutions from
Marsh, visit www.marsh.com, or contact your local Marsh representative.
JIM DORION                                           JENNIFER LEE                                          SUZANNA YORGEY
Complex Liability Consulting                         New York                                              Portland
Practice Leader—Chicago                              212 345 3732                                          503 248 6408
312 627 6186                                         jennifer.lee@marsh.com                                suzanna.yorgey@marsh.com
james.f.dorion@marsh.com

Additional information can be found on www.marshriskconsulting.com.




Marsh is one of the Marsh & McLennan Companies, together with Guy Carpenter, Mercer, and Oliver Wyman.
This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. The information contained
herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Marsh shall have no obligation to update this
publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning
actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as
actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modeling, analytics, or projections are
subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions, conditions, information, or factors are
inaccurate or incomplete or should change. Marsh makes no representation or warranty concerning the application of policy wordings or the financial
condition or solvency of insurers or re-insurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage.
Copyright © 2011 Marsh Inc. All rights reserved. Compliance MA9-10472 2690

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2690 ma9 10472 global insurance archaeology

  • 1. Complex Liability Consulting Practice GLOBAL INSURANCE ARCHAEOLOGY SERVICES Many organizations face complex legacy THE VALUE OF HISTORIC INSURANCE liabilities that can negatively impact their Historic insurance assets dating back 60 or more years can financial outlook. Allegations surrounding provide significant protection against today’s burdensome these types of liabilities can span decades claims costs. The combined limits of a historic insurance portfolio can total hundreds of millions of dollars. and include the following types of Importantly, historic policies often contain broader “long-tail” exposures, among others: coverage including: • Asbestos; • Lack of key exclusions; • Construction defects; • Lower deductibles; • Welding fumes; • Absence of aggregate limits for certain exposures; and • Pollution; • Defense costs paid in addition to the limits of liability. • Medical devices/pharmaceuticals; The value of these historic assets, however, can be • Product liabilities; and diminished by insurer runoff and insolvency issues. • Sexual misconduct. Therefore, companies with existing or potential long-tail liabilities should ensure that they take the opportunity to A company’s historic occurrence-based liability insurance recover these valuable assets now. policies can protect it from the negative financial impact of these claims. Yet many companies are unable to locate CAN YOU LOCATE YOUR HISTORIC their historic policies or other insurance records that could prove the existence of this potentially valuable coverage. INSURANCE COVERAGE? The ability to locate documentation of historical coverages Due to age of these documents, companies all too often is critically important as U.S. courts generally place the are unable to locate the coverage they need. Company burden of proving the existence of any policy on the mergers and broker changes compound this problem. policyholder. Files are moved and forgotten, and personnel with crucial institutional knowledge retire or relocate.
  • 2. Marsh Risk Consulting’s (MRC) Complex Liability LONDON INSURANCE-MARKET ARCHEOLOGY Consulting Practice has a dedicated, global insurance archaeology team that can assist those seeking to locate For the past hundred years Lloyd’s and London insurers lost policies. Working in close collaboration with clients, have been major providers of insurance coverage to the our experienced insurance archaeologists can find commercial world. Since 1988, our London team has been historical insurance assets through comprehensive offering a full range of London insurance market research in a number of areas, including: archaeology services. The unit has direct access to the largest broker archive in the London market with records • Research and internal reviews of historic corporate dating back to the 1940s. The team has extensive contacts records and archives; with London insurers and other insurance brokers to provide a comprehensive research service. Our extensive • Interviews with current and former personnel such contacts in the London insurance market also can provide as risk managers, corporate counsel, and records clients with expert guidance regarding London insurer managers; insolvencies and schemes of arrangement. • Research and contact with former brokers, including detailed interviews with brokerage personnel who may GETTING STARTED have knowledge about a particular account; Prior to any research project, our archaeologists will • Identification and contact with various outside sources, contact or meet with you to thoroughly discuss the scope including law firms, government entities, and of the project. They will, for example, determine coverage accounting firms that may have retained important gaps, obtain additional information on the history of any evidence of insurance; pertinent companies (including predecessors), and determine what research steps may have already been • Contact with insurers to coordinate research for undertaken. After completing these initial steps, our additional policy documentation; and archaeology team will provide a comprehensive proposal • Specimen policy form research to locate standard terms detailing a specific research plan to find the lost policies and conditions for policies supported only through at issue. secondary evidence. For more information about the Complex Liability Consulting Practice and other solutions from Marsh, visit www.marsh.com, or contact your local Marsh representative. JIM DORION JENNIFER LEE SUZANNA YORGEY Complex Liability Consulting New York Portland Practice Leader—Chicago 212 345 3732 503 248 6408 312 627 6186 jennifer.lee@marsh.com suzanna.yorgey@marsh.com james.f.dorion@marsh.com Additional information can be found on www.marshriskconsulting.com. Marsh is one of the Marsh & McLennan Companies, together with Guy Carpenter, Mercer, and Oliver Wyman. This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Marsh shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modeling, analytics, or projections are subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or re-insurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage. Copyright © 2011 Marsh Inc. All rights reserved. Compliance MA9-10472 2690