Week 1 - Intro to Risk Control & Risk Control Fundamentals Flashcards

1
Q

Define risk

A

Types of risk: Pure & Speculative

Definition of Risk: Uncertainty concerning loss arising out of a given set of cirmsctances.

Risk may take form of:

  1. probability
  2. degree of uncertainty
  3. varing outcomes
  4. a variance from a forecast or prediction
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2
Q

ID 6 (six) general classes of risk

A
  1. ** ECONOMIC** - operations, market place, financial or entrepreneurial risks (wall street melt down)
  2. LEGAL - compliance or statutory liability (fines, codes, OSHA, international, etc)
  3. POLITICAL - changes in LAW or POLICY
  4. SOCIAL - public relations, loss of reputation, cultural problems or social direction
  5. PHYSICAL -property, people or information (bridge collapse)
  6. JURIDICIAL - jury or judge’s decision OR from court or jury attitudes
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3
Q

Define Risk Management

A

Process of protecting an organization’s assets through Risk Management Process:

  1. exposure identification
  2. exposure analysis
  3. control exposures
  4. f_inance losses_ w/ external & internal funds
  5. administration - implementation & monitoring of risk mgmt porcess
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4
Q

ID 5 (five) Steps of Risk Management Process

A
  1. Risk Identification - most important
  2. Risk Analysis
  3. Risk Control
  4. Risk Financing
  5. Risk Administration
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5
Q

ID 4 (four) logical classifications of exposures

A
  1. Property
  2. Human Resource
  3. Liability
  4. Net Income
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6
Q

Define Risk Identification

A

The process of identifying and examining exposures of an organization

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7
Q

Risk Management Process - STEP 1 - Risk Identification

Identify TEN methods of exposure identification

(bit 10 List)

A
  1. checklist & survey
  2. flowchart
  3. insurance policy review
  4. physical inspections
  5. compliance review
  6. policies & procedures review
  7. contract review
  8. experts
  9. financial statement analysis
  10. loss data analysis
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8
Q

define risk analysis

A

the assessment of the potential impact of various exposures to an organization

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9
Q

Define 2 (two) types of Risk analysis methods

A

Qualitative analsis - used to ID and access loss exposures that cannot be easily measured by traditional statistical or financial methods and to understand their impact on the organization’s ultimate risks and performance. the WHAT analysis process

  1. risk assessment
  2. financial assessment
  3. loss data assessment

Quantitative analysis - attempts to accurately measure risks using acceptable traditional methodologies which calculate relative values. The HOW MUCH analysis process.

  1. projections or forecasts
  2. cost benefit analyses CBA
  3. cash discounting and NPV calculations
  4. cost of risk calculations & analyses
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10
Q

define risk control

A

Risk control - any conscious action or inaction to minimize, at optimal cost, the probability, frequency, severity or unpredictability of loss

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11
Q

define general theories of risk control

A

General theories of risk control:

  1. _ Human approach_ - people cause accidents (domino theory)
  2. _ Engineering approach_ - things & pent-up energy cause accidents
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12
Q

identify 5 (five)** risk control techniques**

A

avoidance

Prevention (less volatile fuel)

Reduction (pre & post loss (fire suppression)

Segregation, separation, duplication (build separate units/buildings)

Transfer (contractual, physical or both)

Note: most risk control efforts will use more than one risk control technique.

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13
Q

define risks financing & identify risk financing methods

A

Risk Financing - acquisition of internal and external funds to pay losses at the most favorable cost

Risk Financing Methods

  1. RETENTION - internal funds used to pay losses
  2. TRANSFER - external funds used to pay losses
    • non-insurance transfer
    • insurance transfer (note this is a financiing technique, not risk transfer
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14
Q

Define cost of risk and describe its components and use as a key risk management tool

A

Cost of Risk Definition: sum of all qualified costs and expenses associated with the risk management function of an organization

cost of risk =

** insurance costs**

+ retained losses & ALAE (active & passive)

+ risk management departmental costs

+ outside service fees (actuarial, legal)

+ indirect costs (disruption costs; goodwill)

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14
Q

identify Risk Manager’s objective in the risk management process

A

Risk Manager’s Objective:

to minimize the cost of risk by identifying those factors from each components that can be more effectively controlled.

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15
Q

List uses of TCOR as a risk management tool

A

Cost of Risk Uses:

  1. assist making effective RM decisions
  2. measure progress toward RM objectives
  3. focus & promote safety/loss control
  4. Provide mgmt & employee incentives
  5. assist with accurate pricing of products & services
  6. Assist with effective management of financial budgets
16
Q

Explain basic tenets of risk management

A

Risk Management Tenets

  1. don’t retain more than you can afford to lose
  2. Don’t risk a lot for a litle
  3. don’t treat insurance as a substitute for risk control
  4. consider likelihood of events & their potential impact
  5. REMEMBER, no such thing as uninsured loss; uninsured loss = retained loss
  6. use at least one risk control technique & one risk financing technique for each exposure identified
17
Q

Define Risk Control

A

definition: any conscious action or inaction to minimize loss (probability, frequency, severity, or unpredictability) at the optimal cost

Risk Control Focus: id & implement solutions that will prevent or reduce actual harm or the cost of loss

  • It is not to provide for funds to be paid in compensation (funding is risk finance)

Risk Control is a people process - individuals must be involved in all aspects of an effective risk control program

18
Q

What is the role of Risk Control in the Risk Management Process?

A

identification methods (the big 10)

incident analysis

cost-benefit analsis

18
Q

Role of Risk Control - Step 1: Risk Identification Methods

ID Risk Control Identification Methods (Big 10)

A
  1. Checklists and sureys (IDs phsical hazards, admin processes & procedures; best practices, etc)
  2. Flowcharts (process mapping)
  3. Insurance Policy review (covered/not covered)
  4. Physical Inspections
  5. Compliance review
  6. Policies & Procedures review (IDs possible exposures)
  7. Contract review (obligations & compliance assumed)
  8. Experts (specialized training)
  9. Financial statement analysis (revenue sources; cashflows, business & fiancial partners; assset protection needs)
  10. Loss data analysis (frequence/severity; ID loss data integrity issues
19
Q

identify methods/purposes for incident analysis

A

**Incident Analysis: **Frequency & severity matrix studies

by tracking & analyzing incidents, risk control techniques can be applied:

  1. more timely or proximate to the evnent
  2. to preempt, avoid or minimize chance of incident
  3. reinforce risk control issues involved or related to employees
  4. demonstrate due diligence or reasonable investigation in defense of subsequent claiim or loss

An effective RMIS can improve incident analysis process

20
Q

Identify CBA strengths and weaknesses

A

Cost-Benefit analysis strengths & weaknesses

  1. fiinancial decision making tool for risk control alternatives
  2. comparison of costs/cash flows with benefits (reduction in losses and other cash inflows) over time to measure rate of return
  3. Losses, probabilities, interest rates & cash flows require assumptions that may vary from expected
  4. Solution with best rate of return may not be compatible with philosophy or goals of management

NOTE: NEVER use CBA when a LIFE SAFETY issue is iinvolved (ie - Ford Pinto)

21
Q

Identify 5 (five) primary risk control techniques

A
  1. avoidance - risk totally elimiinated
  2. ** prevention** - reduce frequency
  3. reduction - reduce severity; applies both pre & post loss activities
  4. segregation/separation/duplication - reduce overall severity.
  • segregation - isolation of exposure from other exposures
  • separation - spread exposurs over multiple locations
  • duplication - DR; backups
  1. transfer - reduce risk by transfering some or all; may be physical or contractual (hold harmless)
22
Q

list examples of contracts commonly containing hold harmless agreements

A
  1. construction agreements
  2. service contracts
  3. purchase orders
  4. leases & rental agreements
  5. usage permits
23
list contractual provisions requiring review & analysis
1. **insurance clauses** 2. assummption of risk / **hold harmless** clauses 3. **liability clauses** (in leases - random act you have no control over) 4. **mutual release** clauses 5. **waver of subrogation** clauses need to understand risks represented in these types of clauses
24
Describe the three approaches to loss control
1. Financial approach (measures net cost benefit & recovery of the investment in loss control programs 2. Systems approach - systems cause accidents * risk identification & classification, training, equipment maintenance * tracking resk exposures on flowchart * hazard evaluation index (Stanford Hazard Matrix) 3. Practical Approach & components * grass roots & management suppport * incentive & reward programs * effective safty committees * financing safety measurs * willingness of all to compromise & cooperate
25
What are the challenges of approaches to loss control
1. need to compromise 2. finding funding for safety initiatives
26
Risk Control Key Points/Summary
1. Risk control is a **peoople process.** 2. ** True _costs of loss_** to an organization _extend beyond_ obvious _"hard" or quantitative costs_ (ie reputation, opportunities) 3. Successful risk control programs based on **careful risk identification & risk analysis** 4. Successful risk control programs **incorporate all five risk control techniques or a combination** of the techniques **5. contractual transfer of risk is one of most significant risk control techniques. ** 6. **Administration** of risk control requires _prioritization_, _implementation_, coordination, follow-up/monitoring & _communicatin throughout the organization._
26
Stanford University hazard Evaluation Index Describe matrix & use
Matrix ranks hazards of severity and probability from 1-low to 5-high/catastrophic. scores are placed in each box (multiplication of severity/probability rank = score) scores of 1-4 = corrective action when appropriate 5-9 = corrective actions when practical 10-15 = initiate reasonable corrective actions ASAP 16-25 = IMMEDIATE CORRECTIVE ACTION MUST BE TAKEN.
27
Identify and define 4 types of contractual transfer instruments
1. **Hold harmless or indemnification agreements** * **affirmative assumption** of the financial consequences for liabilities of another through a contract - 3 types ( 2. **Exculpatory agreement or clause** * **pre-event exoneration** of fault of one party that results in any/specified loss to another 3. **Waver of subrogation** * **pre-event relinquishment of rights** of one or both parties' insurers to seek recovery from a culpable party for loss payments made to the insured. 4. Limit of liability of **liquidated damages clause** * **pre-event limitation of amount, type or method of calculation of damages** available by one or both parties to an agreement.
27
Contractual Transfers - **Statutory limitations**
**HOLD HARMLESS -** _may be subject_ to anti-indemnity statutes depending upon specific terms of agreement and the jurisdiction **EXCULPATORY** -_generally not subject_ to anti-indemnity statutes **WAIVER OF SUBROGATION** - _not subjet _to anti-indemnity statutes **LIMIT OF LIABILITY -** not subject to anti-indemnity statutes
27
ID practical **problems in a contractual review process**
1. control of drafting the agreement 2. input of risk manager 3. reasonableness and achievability of agreements 4. attorney input is required, but **attorneys are not expets in risk management** 5. laws governing contractual interpretation are **dynamic and may vary by jurisdiction** (ie safe workplace acts, sole negligence, anti-indemnity statutes)
28
Definition and Characteristics of **Hold Harmless Agreements**
**Definition:** contractual arrangement where one party (iindemnitor) assumes liability inherent in a situation, thereby relieving the other party (indemnitee **Characteristics:** 1. may **include indemnitee's cost of settlements** or judgments paid to 3rd party and/or costs of defense or legal fees 2. may **require indemnification at the conclusion** of a claim/suit **or** require indemnitor to assume indemnitee's actual defense obligation **during claim/suit** 3. Anti-indemnity statutes may limit or prohibit contractual transfers 4. may be **unenforceable** if found to be against public party (may occur when huge disparity in bargaining positions/unilateral contract)
29
define the 3 classifications of **Hold Harmless Agreements**
**1. Limited (mine)** - assumes responsibility for indemnitee's liability for indemnitor's own, sole negligence **2. Intermediate form (mine and ours)** = _Limited +_ responsibility for indemnitee's l\iabi]lity for indemnitor's and indemnitee's joint negligence * this classification aplies to agreements rquiring indemnification for ALL occurrences arising out of the indemnitor's operations, excluding only the liability arising from indemnitee's sole negligence **3. Broad form (yours, mine, & ours)** = _Limited + Intermeiate +_ indemnitor agrees to be responsible for indemnitee's sole negligence * can include other parties' negligence.