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Managing Risk & Insurance Coverage
1.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 23 Managing Risk
2.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. LEARNING OBJECTIVES By studying this chapter, you should be able to… 23-1 Define business risk, and explain its two dimensions. 23-2 Identify the basic types of pure risk. 23-3 Describe the steps in the risk management process and how risk management can be used in small companies. 23-4 Explain the basic principles used in evaluating an insurance program. 23-5 Identify the common types of business insurance coverage.
3.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-1 WHAT IS BUSINESS RISK? (slide 1 of 2) • Risk is the “possibility of suffering harm or loss.” • Business risk – The possibility of losses associated with the assets and earnings potential of a firm. • The term assets includes not only inventory and equipment, but also such factors as a firm’s employees, its customers, and its reputation.
4.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-1 WHAT IS BUSINESS RISK? (slide 2 of 2) • The nature of business risk can be observed from two perspectives: 1. Market risk – The uncertainty (gain or loss) associated with an investment decision. 2. Pure risk – The uncertainty associated with a situation where only loss or no loss can occur. • There is no potential for gain. • As a rule, only pure risk is insurable.
5.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2 BASIC TYPES OF PURE RISK • Pure risks that any business faces fall into three groups: 1. Property risks. 2. Liability risks. 3. Personnel risks.
6.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2a Property Risks (slide 1 of 2) • Property risks involve potential damage to or loss of real property and personal property. • Real property – Land and anything attached to the land, such as buildings. • Personal property – Any property other than real property, including machinery, equipment, inventory, and vehicles. • Property can be valued in several ways. • Replacement value of property – The cost of replacing personal property and rebuilding real property at today’s prices. • Actual cash value (ACV) – An insurance term that refers to the depreciated value of property.
7.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2a Property Risks (slide 2 of 2) • Property insurance also considers two primary features: 1. Perils. 2. Losses. PERILS • Peril – A cause of loss, either through natural events or through the actions of people. LOSSES • Property losses may be direct or indirect. • Direct loss – A loss in which physical damage to property reduces its value to the property owner. • Indirect loss – A loss arising from an inability to carry on normal operations due to a direct loss of property.
8.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 1 of 10) • A growing business risk today is the legal liability that may arise from various business activities. • If a business or any of its agents violates individual rights and freedoms that are protected by law, the business can be held accountable for any resulting loss or damage to the affected party. • Legal liability may arise from: 1. Statutory liability. 2. Contractual liability. 3. Tort liability.
9.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 2 of 10) STATUTORY LIABILITY • Workers’ compensation legislation – Laws that obligate an employer to pay employees for injury or illness related to employment, regardless of fault. • Most workers compensation statutes require employers to provide the following benefits to employees injured at work: • Coverage of medical expenses. • Compensation for lost wages. • Payment of rehabilitation expenses. • Death benefits for employees’ families.
10.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 3 of 10) CONTRACTUAL LIABILITY • A common denominator among most contracts that businesses enter into with other parties is the inclusion of some sort of indemnification clause. • Indemnification clause – A contractual clause that requires one party to assume the financial consequences of another party’s legal liabilities. • The idea behind the contractual transfer of liability is to shift the responsibility to the party with the most control over the risk exposure. • Example: A contract for the construction of a new building may contain an indemnification clause in which the general contractor agrees to indemnify the property owner for any liability arising from the construction work. If someone is injured during the building process, the negligent party would most likely be the general contractor rather than the property owner.
11.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 4 of 10) TORT LIABILITY • Torts – Wrongful acts or omissions for which an injured party can take legal action against the wrongdoer for monetary damages.
12.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 5 of 10) • Four elements must be present for someone to be found guilty of a negligent act: 1. Existence of a legal duty between the parties. 2. Failure to provide the appropriate standard of care. • The standard of care normally used is the reasonable (prudent person) standard. • Reasonable (prudent person) standard – The typical standard of care, based on what a reasonable or prudent person would do under similar circumstances. 3. Presence of injury or damages. • If no injury or damage is sustained by the claimant, tort liability does not exist.
13.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 6 of 10) • The two types of damages that may be awarded in a tort action are: 1. Compensatory damages – Economic or noneconomic damages intended to make the claimant whole by compensating the claimant for any injuries or loss arising from the negligent action. • Economic damages – Compensatory damages that relate to economic loss, such as medical expenses and loss of income. • Noneconomic damages – Compensatory damages for such losses as pain and suffering, mental anguish, and loss of physical abilities. 2. Punitive damages – A form of punishment beyond compensatory damages that intends to punish wrongdoers for gross negligence or callous disregard and to have a deterrent effect.
14.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 7 of 10) 4. Evidence that the negligent act is the proximate cause of the loss. • Proximate cause – A negligent act that is the clear cause of damages sustained. • Tort liability can arise from a number of business activities, including: • Premises liability. • People may sustain injuries while on a business’s premises. • Operations liability. • People may sustain injuries as a result of a company’s operations that take place away from its premises.
15.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 8 of 10) • Professional liability. • Organizations that have professional liability exposure include accounting firms, dental offices, and doctors’ offices. • Employers’ liability. • In exchange for benefits provided by employers, employees who are injured on the job are prohibited from suing their employer in most circumstances. • However, an employer may be sued by an altogether different party as a result of an injury to an employee. • Example: If the employee’s injury in the workplace was caused by a faulty piece of equipment manufactured by another firm, the employee may sue the manufacturer of that faulty product, who, in turn, may sue the employer, alleging that the employer failed to maintain the equipment.
16.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 9 of 10) • Product liability. • Products manufactured or sold by a business may have a manufacturing defect, a design defect, or a marketing defect. • Manufacturing defect – A defect resulting from a problem that occurs during the manufacturing process, causing the product to subsequently not be made according to specification. • Design defect – A defect resulting from a dangerous design, even though the product was made according to specifications. • Marketing defect – A defect resulting from failure to convey to the user that hazards are associated with a product or to provide adequate instructions on safe product use.
17.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2b Liability Risks (slide 10 of 10) • Automobile liability. • A business that uses vehicles for various purposes has automobile liability exposure. • Completed operations liability. • The completed operations or completed work of a business can be a source of legal liability. • Example: A person leans against the rail of a balcony that gives way, causing him or her to fall and sustain bodily injury. • Employment practices liability. • Current employees, prior employees, and even job applicants may take legal action against employers and claim damages arising from discrimination, sexual harassment, or wrongful termination.
18.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-2c Personnel Risks • Personnel risks – Risks that directly affect individual employees but may have an indirect impact on a business as well. • The primary risks in this category include: • Premature death. • Poor health. • Insufficient retirement income.
19.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-3 RISK MANAGEMENT • Risk management – Ways of coping with risk that are designed to preserve the assets and earning power of a firm. • It is concerned with finding the best possible way to reduce the costs of dealing with risk. • Insurance is only one of several approaches to minimizing the pure risks a firm is sure to encounter.
20.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-3a The Process of Risk Management (slide 1 of 3) • Five steps are required to develop and implement a typical risk management program: 1. Identify and understand risks. • To reduce the chance of overlooking important risks, a business should adopt a systematic approach to identifying risks. • Useful identification methods include: • Insurance policy checklists. • Questionnaires. • Analysis of financial statements. • Careful analysis of a firm’s operations, customers, and facilities.
21.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23.1 Risks on the Road to Success
22.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-3a The Process of Risk Management (slide 2 of 3) 2. Evaluate the potential severity of risks. • Once the various risks have been identified, they must be evaluated in terms of the potential size of each loss and the probability that it will occur. • At a minimum, risks should be classified into three groups: 1. Critical (losses that could result in bankruptcy). 2. Extremely important (losses that would require investment of additional capital to continue operations). 3. Moderately important (losses that could be covered with current income or existing assets). 3. Select methods to manage risk. • The two approaches used in dealing with risk are: 1. Risk control. 2. Risk financing.
23.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-3a The Process of Risk Management (slide 3 of 3) 4. Implement the decision. • Once the decision has been made to use a particular technique or techniques to manage a firm’s risks, this decision must be followed by action, such as purchasing insurance and setting aside dedicated funds to cope with any risks that have been retained. 5. Review and evaluate. • Review and evaluation of the chosen risk management technique are essential because conditions change—new risks arise, and old ones disappear. • Reviewing earlier decisions to use a specific method may identify previously made mistakes.
24.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-3b Risk Management in the Small Business (slide 1 of 3) • Risk management in a small business differs from that in a large firm. • In a large firm, the responsibility of managing risk is frequently assigned to a specialized staff manager. • In a small firm, the risk manager is usually the owner. • A prudent small business owner will take the time to identify the different types of risks faced by the firm and find ways to cope with them, through either risk control or risk financing.
25.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-3b Risk Management in the Small Business (slide 2 of 3) RISK CONTROL • Risk control – Minimizing potential losses by preventing, avoiding, and/or reducing risk. • Loss prevention – Keeping a loss from happening. • Example: A machine shop that requires all employees to wear safety glasses. • Loss avoidance – Choosing not to engage in hazardous activities. • Example: A business that hires a common carrier to deliver its products to the marketplace rather than doing it themselves. • Loss reduction – Lessening the frequency, severity, or unpredictability of potential losses. • Example: A business that installs an automatic sprinkler system to minimize the damage a fire may cause.
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© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-3b Risk Management in the Small Business (slide 3 of 3) RISK FINANCING • Risk financing – Making funds available to cover losses that cannot be eliminated by risk control. • Risk financing involves transferring the risk or retaining the risk. • Risk transfer – Buying insurance or making contractual arrangements that transfer risk to others. • Risk retention – Financing loss intentionally, through a firm’s cash flows. • Self-insurance – Designating part of a firm’s earnings as a cushion against possible future losses.
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© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-4 BASIC PRINCIPLES OF A SOUND INSURANCE PROGRAM • Three basic principles should be followed in evaluating an insurance program: 1. Consider the various insurance policies that may be appropriate for your business. 2. Secure insurance coverage for all major potential losses. • Property insurance should cover the full replacement value of a firm’s buildings and personal property. 3. Consider the feasibility and affordability of insuring smaller potential losses. • A small business owner must determine what distinguishes a “smaller” potential loss from a “major” potential loss and then decide if it makes sense to insure against smaller potential losses.
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© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5 COMMON TYPES OF BUSINESS INSURANCE • Basic insurance policies used by small companies fall under one of two categories: 1. Property and casualty insurance. 2. Life and health insurance.
29.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5a Property and Casualty Insurance (slide 1 of 8) • Property and casualty insurance includes: • Property insurance. • Commercial general liability insurance. • Automobile insurance. • Workers’ compensation insurance. • Crime insurance. • Miscellaneous policies. • Employment practices liability policies. • Umbrella liability policies. • Inland marine policies. • Professional liability policies. • Cyber liability policies.
30.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5a Property and Casualty Insurance (slide 2 of 8) PROPERTY INSURANCE • A property insurance policy is used by a business owner to insure buildings and personal property owned by the business, as well as buildings not owned by the business but which the business owner, as the lessee, may have a responsibility to insure. • Property can be insured for either its replacement value or its actual cash value.
31.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5a Property and Casualty Insurance (slide 3 of 8) • When purchasing property insurance, a business owner must determine which “perils” will be covered by the policy. • Named-peril approach – Identifying the specific perils covered in a property insurance policy. • With this approach, any damage caused by a peril not named in the policy is simply not covered. • All-risk approach – Stating in a property insurance policy that all direct damages are covered except those caused by perils specifically excluded. • In other words, if it’s not excluded, it’s covered.
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© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5a Property and Casualty Insurance (slide 4 of 8) • An important provision in the property insurance policy is the coinsurance clause. • Coinsurance clause – A provision in a property insurance policy that requires the owner to have insurance for at least 80 percent of what it would cost to rebuild the building or replace the personal property. • If, at the time of a claim, the building and personal property are insured for less than 80 percent of their replacement cost, then the business owner is assessed a penalty by the insurance company and, in essence, becomes a co-insurer. • Business interruption insurance is optional coverage that can be added to a property insurance policy. • Business interruption insurance – Coverage that reimburses a business for the loss of anticipated income following the interruption of business operations.
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© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5a Property and Casualty Insurance (slide 5 of 8) COMMERCIAL GENERAL LIABILITY INSURANCE • Commercial general liability (CGL) insurance – Coverage for general liability loss exposure, including premises liability, operations liability, product liability, and completed operations liability. • A commercial general liability insurance policy is the cornerstone liability policy for small businesses. WORKERS’ COMPENSATION INSURANCE • Workers’ compensation insurance – Coverage that provides benefits to employees injured at work. • These benefits include coverage for medical expenses, loss of wages, and rehabilitation expenses, as well as death benefits for employees’ families.
34.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5a Property and Casualty Insurance (slide 6 of 8) AUTOMOBILE INSURANCE • Automobile insurance – Coverage designed to provide liability and physical damage protection for a vehicle. CRIME INSURANCE • A small business owner must accept the fact that he or she is vulnerable to the possibility of employee dishonesty and purchase the appropriate crime insurance coverage. • Crime insurance – Coverage primarily against employee dishonesty. • Elements of crime insurance include embezzlement coverage, funds transfer fraud coverage, and social engineering fraud coverage. • Funds transfer fraud – The unauthorized transfer of funds from a bank account. • Social engineering fraud – The manipulation of an employee to voluntarily release unauthorized funds.
35.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5a Property and Casualty Insurance (slide 7 of 8) MISCELLANEOUS POLICIES • A variety of miscellaneous insurance policies can be utilized by small businesses, including: • Employment practices liability policies. • Employment practices liability policies are designed to protect the business owner against employment-related lawsuits arising from discrimination, sexual harassment, or wrongful termination. • Umbrella liability policies. • Umbrella liability policies provide supplemental layers of liability protection. • Inland marine policies. • Inland marine policies insure personal property against the risk of physical damage when such property is located away from a firm’s premises.
36.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5a Property and Casualty Insurance (slide 8 of 8) • Professional liability policies. • Professional liability policies are used to protect professionals (physicians, dentists, accountants, architects, etc.) against lawsuits arising from errors made while providing their services. • Cyber liability policies. • Cyber liability policies protect businesses against the broad range of loss exposures arising from their use of the Internet and their holding of confidential information, such as network security breaches and ransomware attacks.
37.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5b Life and Health Insurance (slide 1 of 4) • Three types of insurance provide coverage for employees within a business: 1. Health insurance. 2. Key-person life insurance. 3. Disability insurance. HEALTH INSURANCE • Group health insurance policies offer coverage for medical care at hospitals, doctors’ offices, and rehabilitation facilities. • These policies also cover outpatient services, prescription drugs, and preventive care.
38.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5b Life and Health Insurance (slide 2 of 4) • Coverage is usually offered to employees through a specific group of health care providers, or “network.” • Types of health insurance plans that fall into this category include health maintenance organizations (HMOs) and preferred provider organizations (PPOs). • Health maintenance organizations (HMOs) – A managed-care network providing health insurance that is less expensive than that of a PPO but more limiting in choices of medical care providers. • Preferred provider organizations (PPOs) – A managed-care network providing health insurance that is more expensive than that of an HMO but offers a broader choice of medical providers.
39.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5b Life and Health Insurance (slide 3 of 4) • Out-of-pocket expenses that employees themselves must pay, regardless of the type of health insurance plan provided by the employer, generally include the following: • A co-pay at the doctor’s office for each office visit. • A co-pay at the pharmacy for each prescription drug purchased. • A percentage of the total cost of the health care provided by a hospital, usually between 20 and 30 percent, up to a maximum out-of-pocket cost to the employee.
40.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23-5b Life and Health Insurance (slide 4 of 4) KEY-PERSON LIFE INSURANCE • Key-person life insurance – Coverage that provides benefits to a firm upon the death of key personnel. • Such insurance may be written on an individual or group basis. • It is purchased by a firm, with the firm as the sole beneficiary. DISABILITY INSURANCE • Disability insurance – Coverage that provides benefits to a key employee upon his or her disability. • Disability buyout insurance – Coverage that guarantees a healthy partner enough cash to buy out a partner who becomes disabled.
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© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Key Terms (slide 1 of 2) actual cash value (ACV) all-risk approach automobile insurance business interruption insurance business risk coinsurance clause commercial general liability (CGL) insurance compensatory damages crime insurance design defect direct loss disability buyout insurance disability insurance economic damages funds transfer fraud health maintenance organization (HMO) indemnification clause indirect loss key-person life insurance loss avoidance loss prevention loss reduction manufacturing defect market risk
42.
© 2020 Cengage
Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Key Terms (slide 2 of 2) marketing defect named-peril approach noneconomic damages peril personal property personnel risks preferred provider organization (PPO) proximate cause punitive damages pure risk real property reasonable (prudent person) standard replacement value of property risk control risk financing risk management risk retention risk transfer self-insurance social engineering fraud torts workers’ compensation insurance workers’ compensation legislation
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