Tag Archives: interruption

What to Learn From an Executive Chef

Howard Karp, a chef at the Waldorf Astoria and instructor at the California Culinary Academy who cooked for four U.S. presidents, once told me the secret of cooking: “It’s all in the technique. There are no shortcuts.”

Exquisite food comes from a highly trained, coordinated and cohesive kitchen operation that involves culinary skills such as slicing, dicing, searing and sautéing. Chef Karp added: “One must also understand the chemistry of cooking.”dwdwdw He explained that the order and manner in which all the ingredients are “introduced to one another” makes all the difference.

Watching him cook a five-course dinner for a small group of us was like watching an artist paint a masterpiece. I never followed a recipe card again.

In my world, risks are a common ingredient and need to be handled just as expertly as the fish, meat and other ingredients that Chef Karp works him magic on. The risks to business ventures include:

  1. Damage to reputation/brand
  2. Economic slowdown/slow recovery
  3. Regulatory/legislative changes
  4. Increasing competition
  5. Failure to attract top talent
  6. Failure to meet customer needs
  7. Business interruption
  8. Third-party liability
  9. Cybercrime/viruses
  10. Property damage

Some organizational risk management programs I’ve seen follow a recipe of sorts that seems to have been passed down from one risk manager to another — but only good wines and spirits improve with age.

Clearly, the prevention of accidents (workforce, property, fleet, customer, etc.) establishes the basis for sustained profitability. So, boards demand that senior management have robust involvement in the organization’s enterprise risk management (ERM) efforts. Risk management departments cannot operate outside the business flow and related decision-making processes. Management silos have no place here. Decisions about risk must be driven across all operational aspects of the organization in a consolidated, standardized fashion to build trust and meaningful partnerships with operations.

But the traditional corporate approach to reducing risks is one clever safety campaign after another. Risk management staff, especially those in workers’ comp, obsess on frequency and severity — cutting the number of claims and reducing reserves and settling claims. Risks are “managed” by things like: compliance enforcement; personal protective equipment (PPE); signs; and those safety contests. Risk management operations are often buried in finance, HR or legal departments.

But these loss controls, from my experience, are no match to the potential losses that may occur under a bureaucratic, disliked supervisor.

Senior management must raise its game and focus on the strategic components of risk, such as: alternative risk financing, market economics, reputational risks and human capital. In turn, management needs to know the true costs in each business unit. Relevant risk factors may be buried in a ream of statistics, but corporate executives need to know if their risk management program is making an impact. How is information collected, managed and disseminated? Are your analytics predictive?

After 38 years of directing risk management, I believe that organizations must embrace what some friends and colleagues are calling a culture of safety (COS). This is the pièce de résistance.

COS involves using embedded risk management teams in each business unit to send signals up and down the corporate ladder that loss control is much more than a motto or simple list of steps to take. COS requires developing loss-control programs that are a product of the DNA of a specific organization. COS builds strong, binding partnerships among business units that allow the development of a platform for data analytics, volatility analysis, forecasting and reporting that allow for continual improvement through ERM/Six Sigma. COS has demonstrated significant savings, in the tens of millions of dollars a year at a single company.

There are five essential stages to a viable culture of safety:

  1. Awareness, repositioning of responsibility and analytics
  2. Cultural sustainability through behavioral economics
  3. Behavioral change through positive observations
  4. Combined service, safety and engagement measures
  5. Extended service, safety and engagement measures to the community

An organization should have a vision to assess knowledge, skills and abilities and work with HR to train employees to bring about new levels of expectations. Old safety methodologies focused on inspectors; audit and regulatory-based decisions; checklists and processes; task completions; and frequency-based decisions. COS, on the other hand, is behaviorally focused using coaches, trainers and outside consultants who partner with teams of employees who are already technically proficient and operational savvy. In addition, key performance indicators (KPIs) can help shape behaviors.

To deploy a viable COS, companies should consider using qualified outside experts as a diagnostic tool to identify and quantify risks using meaningful analytics. Companies need to know how they stack up against the competition. This type of analysis by reputable firms can provide practical insights for senior management and lead to the building blocks for a fine-tuned corporate risk strategy and an enhanced culture of safety.

One such consulting firm, Operant Solutions, inspired me to write this article with stories on risk management successes it presented at the RIMS Western Regional Conference in Lake Tahoe recently. (If you’re interested in getting a copy of the presentation, you can contact Sue Antonoplos at 650-336-3144.)

I am inspired by the words of Julia Child: “Cooking well doesn’t mean cooking fancy.”

Decision Dysfunction in Corporate America

Nancy Newbee is the newest trainee for LOCO (Large Old Company). She was hired because she is bright, articulate, well-educated and motivated. She is in her second week of training.

Her orders include: “We’ll teach you all you need to know. Sammy Supervisor will monitor your every action and coordinate your training. Don’t take a step without his clearance. When he’s busy, just read through the procedures manual.”

Nancy is already frustrated by this training process but is committed to following the rules.

Upon arriving at work today, Nancy discovers the kitchen is on fire! As instructed, she rushes to Sammy Supervisor. Interrupting him, she says, “There’s a major problem!”

Sammy is obviously disturbed by this interruption in his routine. “Nancy, my schedule will not allow me to work with you until this afternoon; go back to the conference room and continue studying the procedures.”

“But, Mr. Supervisor, this is a major problem!” Nancy pleads.

“But nothing! I’m busy. We’ll discuss it this afternoon. If it can’t wait, go see the department head,” Sam says.

Nancy rushes to the office of Billy Big and shouts, “Mr. Big, we have a major problem, and Mr. Sam said to see you!” Mr. Big states politely, “I’m busy now …,” all the while wondering why Sam hires these excitable airheads.

“But, Mr. Big, the building…,” Nancy interrupts.

“Nancy, see my secretary for an appointment or call maintenance if it’s a building problem,” Mr. Big says impatiently, thinking, “Where does Sam find these characters?”

Near panic, Nancy calls maintenance. The line is busy. As a last resort, Nancy calls Ruth Radar, the senior secretary in the accounting department. Everyone has told her that Ruth really runs this place. She can get anything done.

“Ruth Radar, may I help you?” is the response on the phone.

“Miss Radar, this is Nancy, the new trainee. The building is on fire! What should I do?” Nancy shouts through her tears.

“Nancy, call 911!” Ruth says calmly.

Of course, this dysfunction is a ridiculous example. Or is it?

Assuming you are the boss, try this eight-question test:

  1. In your business, do you hire the best and brightest and then instruct them not to think, act or do anything during their training except as you tell them to do?
  2. Do you promise training but substitute reading of procedure manuals?
  3. Do you create barriers to communications, interaction and effectiveness by scheduling the new employee’s problems and inquiries to the busy schedules of your other personnel?
  4. Do you and your staff ignore what new employees are saying?
  5. Is the process more important than the result? Does the urgent get in the way of the important?
  6. Do layers of bureaucracy between you, your employees and customers interfere with contact, communications and results?
  7. Is “Ruth Radar” running your shop?
  8. Do you have any fires burning in your office?

If you answered “no” to all of these questions, congratulations!

Now go back and try again. The perfect business would have eight “no” answers, but very few businesses are perfect. If you are like LOCO (a large old company), you might be so far out of touch with your trainees, employees and customers that you won’t hear about a fire until it starts to burn your desk.

Look back at IBM, GM and Sears in the late 1980s. These were kings of their jungles. Yet all nearly burned to the ground. Many thousands of employees were terminated, profits ended and stock values fell. If you would have talked to any of these terminated employees you would have learned that the fire had burned for a long time and that many people had tried to sound the alarm.

Remember the large old insurance companies that are no longer here – Continental, Reliance, etc. Did their independent agents smell the smoke? Did the leadership of these carriers ignore the alarm?

Sam Walton, who had reasonable success in business during his lifetime, once said, “There is only one boss – the customer. Customers can fire everybody in the company from the chairman on down, simply by spending their money somewhere else.”

Sam was right. In your business, do you or Nancy have the most direct contact with the customer – the ultimate boss? If Nancy has the most contact, is she adequately trained, motivated and monitored? Is she providing feedback to you? Are you listening?

Take one minute to draw a picture of your organization. Are you, as the boss, at the pinnacle? Are Nancy and her fellow trainees at the base? Is it prudent to have the least experienced personnel closest to the customers?

Your organization was formed to meet the needs of customers. You exist to serve these same customers. Where are these customers in the organizational chart? Did you forget them? How much distance is there between you (as boss) and the customers?

Does this pyramid model facilitate the free flow of information between you and the customers or does it buffer you from the thoughts and feelings of the real boss (the customer)? In your business, is the customer and her problem seen as an interruption of the work or the very reason for your existence?

If your customers voted tomorrow, who would be retained? Who would be fired?

Think about it! Do you dare to ask?

How Much Cyber Risk Should You Take?

I have been spending a fair amount of time over the last few months, talking and listening to board members and advisers, including industry experts, about cyber risk.

A number of things are clear:

  • Boards, not just those members who are on the audit or risk committee, are concerned about cyber and the risk it represents to their organizations. They are concerned because they don’t understand it – and the actions they should take as directors. The level of concern is sufficient for them to attend conferences dedicated to the topic rather than relying on their organizations.
  • They are not comfortable with the information they are receiving on cyber risk from management – management’s assessment of the risk that it represents to their organization; the measures management has taken to (a) prevent intrusions, (b) detect intrusions that got past defenses and (c) respond to such intrusions; how cyber risk is or may be affected by changes in the business, including new business initiatives; and, the current level and trend of intrusion attacks (some form of metrics).
  • The risk should be assessed, evaluated and addressed, not in isolation as a separate IT or cyber risk, but in terms of its potential effect on the business. Cyber risk should be integrated into enterprise risk management. Not only does it need to be assessed in terms of its potential effect on organizational business objectives, but it is only one of several risks that may affect each business objective.
  • It is impossible to eliminate cyber risk. In fact, it is broadly recognized that it is impossible to have impenetrable defenses (although every reasonable effort should be made to harden them). That recognition mandates increased attention to the timely detection of those who have breached the defenses, as well as the capability to respond at speed.
  • Because it is impossible to eliminate risk, a decision has to be made (by the board and management, with advice and counsel from IT, information security, the risk officer and internal audit) as to the level of risk that is acceptable. How much will the organization invest in cyber compared with the level of risk and the need for those same resources to be invested in other initiatives? The board members did not like to hear talk of accepting a level of risk, but that is an uncomfortable fact of life – they need to get over and deal with it!

The National Association of Corporate Directors has published a handbook on cyber for directors (free after registration).

Here is a list of questions I believe directors should consider. They should be asked of executive management (not just the CIO or CISO) in a session dedicated to cyber.

  1. How do you identify and assess cyber-related risks?
  2. Is your assessment of cyber-related risks integrated with your enterprise-wide risk management program so you can include all the potential effects on the business (including business disruption, reputation risk, inability to bill customers, loss of IP, compliance risk and so on) and not just “IT-risk”?
  3. How do you evaluate the risk to know whether it is too high?
  4. How do you decide what actions to take and how much resource to allocate?
  5. How often do you update your cyber risk assessment? Do you have sufficient insight into changes in cyber-related risks?
  6. How do you assess the potential risks introduced by new technology? How do you determine when to take the risk because of the business value?
  7. Are you satisfied that you have an appropriate level of protection in place to minimize the risk of a successful attack?
  8. How will you know when your defenses have been breached? Will you know fast enough to minimize any loss or damage?
  9. Can you respond appropriately at speed?
  10. What procedures are in place to notify you, and then the board, in the event of a breach?
  11. Who has responsibility for cybersecurity, and do they have the access they need to senior management?
  12. Is there an appropriate risk-aware culture within the organization, especially given the potential for any manager to introduce risks by signing up for new cloud services?

I welcome your thoughts, perspectives and comments.

7 Common Issues on Property Claims

When a property claim occurs, with or without business interruption, it is very common to assume that it will be straightforward. Just submit your invoices, and your insurer sends you a check. You may think, “We can do it ourselves,” or, “We have it under control.” If this has been your approach, you need to read on.

There are many potential issues when preparing a property claim that are commonly overlooked or misunderstood. The challenge is even greater if there is a business interruption component to your claim.

From experience, my partners and I have identified the most common property claim issues that can slow down the claim process and have an adverse affect on recovery.

  1. Repair vs. Replacement

Repair vs. replacement comes up in almost every significant property claim. The issue arises when it becomes a battle of opinions and assumptions. We all know the humor on opinions and assumptions — but your property damage claim is no laughing matter, so let’s explore what can happen.

If you have a replacement policy, you have the option to repair or replace. If it makes more sense to replace with a new and improved item, then you should do what’s best for your business. However, if repairs are possible and at a lower cost, the adjuster will undoubtedly dispute the claim, and you’ll be debating a matter of opinion. When the adjuster’s experts recommend repairs that you know are not guaranteed to work, especially long-term, you face a challenge. As a business, you cannot afford to risk a failed repair, so you elect to go with new equipment with a warranty. The repair option will now be a theoretical scenario that your insurer can leverage to adjust your claim payment. Regardless of the adjuster’s position, you did what was best for your business, but there’s a way to neutralize this potential adjustment.

  • First, the worst thing you can do is proceed on a plan without sharing your logic with the adjuster. Include the adjuster in the initial assessment and decision-making process. While you have the right to do what is best for your business, the adjuster’s involvement and buy-in early on will make her part of the decision and can help to avoid an issue down the road.
  • Next, get several (at least three) independent quotes to repair or replace the equipment — these quotes should include the time, expense and predicted reliability of the repair. If you only get a quote from the original manufacturer, there could be a perception that it has an ulterior motive. Armed with data, you will have an easier time justifying your decision. For example, the repair option may be cheaper, but if it takes longer to complete, it will add to your business interruption claim and ultimately cost more.
  • Finally, perform a realistic analysis of various failed repairs scenarios and the potential impact on timing and costs. Discuss your findings with the adjuster to ensure any subsequent repairs and resulting business interruption would be covered as part of this claim and not a separate occurrence. After all, everything is technically repairable — it is just a matter of determining the most practical solution given all the circumstances.
  1. Betterments

Losses often present opportunities to make useful changes and improvements to operations. Adjusters anticipate this and will be prepared with reasons to limit recovery by labeling certain repairs, reconfigurations, and replacements as betterments. Most of the time, newer is better, and that is why you pay for a replacement policy. However, just because something is better does not mean you should not get full replacement value.

Let’s say you are replacing a piece of production equipment that was damaged as part of your loss. In searching for a replacement, you find that the as-was capacity replacement for your equipment is no longer available and that the alternative equipment has a 10% greater production capacity than the damaged property. In this case, the adjuster may argue for a credit for the increased capacity. Though the new equipment is clearly a benefit to your business, because the exact model that is being replaced is no longer available, you don’t have an equivalent alternative. If required to justify and validate your decision, simply compare the cost/time differential between your decision and a custom order built to spec. In cases like this, you should not be penalized for the betterment.

There are valid adjustments for betterments, but it’s important to understand the difference between a betterment and your rights to a replacement of like kind and quality.

  1. Property Damage vs. Extra Expense

From a policyholder perspective, the types of expenses related to the claim do not really matter because they are necessary to get back in business. The insurance company, however, needs to see expenses segregated into their proper insurance claim buckets. To ensure a smooth claim process, knowing how best to account for expenses is critical to the outcome of your claim. Let’s say you have payroll expenses for cleanup and remediation. If you consider that property and extra expense are subject to different limits and deductibles, it makes good sense to claim them according to your coverage limits. As a rule of thumb, look at the property bucket first for expenses related to cleanup and repair of the property because the extra-expense bucket will offset business interruption, thus allowing you to operate as normally as possible during the indemnity period.

As an example, assume you have production labor working overtime to keep production going and to clean up and repair damage from the loss. This time should be separated as normal labor, property damage cleanup and repair and extra expense. To complicate things further, both normal rates and overtime rates need to be factored into each calculation. Finally, you have to keep detailed records that document the who, what, when and where that is involved in the work being done.

Remember, when appropriate, it’s best to claim expenses as property damage, provided the costs can be documented. It is a more tangible approach and will avoid conflicting with the business interruption calculations for extra expense and inefficiencies, which are based on assumptions and subject to debate.

  1. Actual Cash Value

Immediately after a loss, you are entitled to recover the documented actual cash value (ACV) of your damaged property. You may claim ACV as the amount you are due before exploring replacement options. This is a good tactic if you want to get the cash flowing early in the process while the replacement values are being determined and decisions on replacement are made. However, accurately determining ACV can be challenging.

Typically, the starting point is the asset ledger that shows a depreciated value of the asset. However, this number is usually used for tax purposes and may not represent the actual value of the asset. Other options to value the asset include pricing based on what a willing buyer would pay or replacement less physical depreciation based on the actual life of the asset. These methods vary state by state. Do your research to value the asset appropriately under the circumstances and know that there is not one right answer.

Additionally, some policies allow you to recover full replacement value for assets even if you do not replace them. The policies usually require that you spend the money on a capital project that was not approved at the time of the loss. The capital improvement does not necessarily have to replace capability of the lost assets. If this is of interest, check with your broker about adding this option to your program.

  1. Period of Indemnity Impact

In general, the period of indemnity is the length of time it takes (or should take) to make property repairs. Once repairs are complete or should have been complete, the period of indemnity terminates. While you can, and should, attempt to settle portions of the property claim as you go, any agreements related to the property side of your claim can have a costly impact on the indemnity period for the time-element portion of the claim. It is critically important to address property issues in tandem with time element, to avoid unnecessary recovery issues.

This can be a little confusing. As an example, let’s assume you have a total loss to a piece of equipment, and the replacement cost is known. It would be reasonable to settle for the replacement cost of that equipment. However, the adjuster assumes an aggressive timeline to order and install the equipment, not considering how installation might affect continuing production. When this happens, make sure the timeline and assumptions for installation are clear and acceptable before settling on the cost to replace the equipment. Otherwise, you might get what you want on the property settlement and then lose on the time element.

If you have a separate team working on the property and time-element claims, collaboration is essential to avoid assumption-based adjustments, This becomes especially important when repairs are theoretical, as this will be the basis for the time-element recovery. Always remember to consider all assumptions needed for time-element claims as part of any property settlement.

  1. Residual Value Adjustment

If you have a significant property claim, you may need to purchase equipment or supplies on a temporary basis. The validity of these purchases is not in question, but their use once permanent repairs are made is. For items such as this, the adjuster may look to take a residual value credit. Essentially, the adjuster agrees that you needed that item, but when the permanent repairs are made (and paid for), you will no longer need it. This may be true, but this does not always mean you should not get full value for the item.

For example, you have an electrical loss that will keep you out of business for an extended period. You purchase a generator to provide basic power to areas of your business. When repairs are complete and power is restored, you no longer need the generator but still have the unit. Because you still have it, the adjuster takes a residual value credit. Is that fair?

The first question you need to ask is whether you want to keep the generator. If there is some value to you, a fair credit can be negotiated with the insurance company. If you do not want to keep the item or do not feel the credit is reasonable, you can have the insurance company take possession — after all, the insurer paid for it. If the insurance company thinks it can get value from the generator by taking possession and selling it, the company will probably take you up on this. More often than not, this is not cost-effective, and you can minimize or eliminate the residual value credit.

  1. Documentation

If you have never been through a significant property claim, you might not appreciate the level of detail that is required to document your claim. The general perception is that you gather some invoices and quotes on a sample basis, and that should be enough. Unfortunately, the requirements for an insurance claim are more detailed than most capital projects and audits. Quotes and estimates need to be extremely detailed, and proof of payment needs to be documented almost entirely — if you cannot properly document a claim, it will likely not be paid. It may not be acceptable to the insurance company to use a dollar threshold for charges because the company will insist on auditing 100% of the charges.

To demonstrate the level of scrutiny that claims come under, I refer to an experience I had on one of the largest claims I worked on. The property portion of the claim was close to $200 million. Months of work and tons (literally) of paper were presented to support this claim. During a meeting between the accountants and engineers, one of the engineers made copies for everyone of one invoice presented for payment. He adamantly pointed out that the invoice had been duplicated in our claim submission. It was for one $5 roll of duct tape.

The point is that handling and organizing all the documentation required to support your claim can be daunting. To avoid mistakes, it is advisable to assign a dedicated person or team to locate, scan, print and manage all the support documentation. Bringing in an expert forensic accountant is always a good option to consider, especially for larger, complicated claims or just to relieve your team from these tedious and burdensome tasks. Forensic accountants that specialize in claim preparation may be covered in your policy to work on your behalf. Though you will still have some work to do, your claim will go more smoothly, with fewer pitfalls.

Now you know why property claims are not as easy and straightforward as you might expect. After decades of preparing claims for policyholders, we can attest that what you don’t know comes at a cost in both time and money. We hope the information above can help you prepare for at least some of the issues you might encounter should you have a future property damage claim.