Trade Credit Insurance -pic.001Credit Insurance- Protect Your A/R

These days, many companies are faced with numerous risks such as cyber security threats, government investigations, scandals, onerous litigation, etc.  These threats and others of course pose a great risk to the long term viability of a company.  Manufacturing companies as well as distributors face the added burden of dealers and retailers declaring insolvency or refusing to pay their debts as they become due for a number of reasons.  Fortunately, commercial credit risk insurance, sometimes called “trade” credit risk insurance, can help a company protect its account receivables (A/R) from unexpected losses due to nonpayment or slow payment by the company’s buyers or debtors. It usually covers nonpayment because of a buyer’s insolvency but may also cover nonpayment due to political events that hinder payment or distributors on credit. A/R is the money owed to a company by its customer for products and services sold on credit. Normally, a sale is only treated as an account receivable after the customer has been invoiced for the product or service.

Depending on the industry and size of the company, it may or may not sell many or all of its products via credit. The risk, therefore, of nonpayment or slow payment (90 or 180 days after invoice, etc.) can be quite serious and expose the company to a potential crisis if the A/R is not paid. This is a major concern for any company selling product on credit.

In fact, on a number of occasions, I had to deal with bankruptcy issues because dealers and retailers of the  company I worked for declared bankruptcy.  Because we had a sound risk management program in place, one that also had credit insurance, we were not exposed to the extent of other creditors that had failed to obtain credit insurance.  So even though the company I worked for was one of the major unsecured creditors, it exposure was primarily the deductible it had to pay as part of the insurance coverage.

Types of Credit Risks

Credit risk insurance normally covers two kinds of risk: commercial risk and political risk.

Commercial risk

Note:  Credit risk insurance will not usually cover nonpayment due to contractual or legal disputes between the company and customer.

Benefits of Credit Insurance

There are numerous benefits for using credit insurance, if applicable. The most obvious benefits are:

Transfer or mitigation of risk. Credit insurance assures a company that its A/R will be paid if one of its customers declares bankruptcy or is unable to pay. This is subject to the terms and conditions of the insurance policy.

When a company initially sets up its risk management processes it should pay attention to credit insurance or trade insurance if that insurance is available in its industry and for the products its sells.  It is another way of transferring risk when debtors are unable to pay outstanding A/R.  Remember, insurance is a way of transferring risk.  Use it.

When managing risk consider insurance

Though most people don’t consider how risky everyday life can be, most companies and organizations understand that risk exists around every corner.  The trouble is that some companies still do not take adequate steps to properly manage risk.  Consider the recent incident of the executive who died via a treadmill accident when he hit his head.  Though the accident was a freak accident- nonetheless it happened.  If you drill down a little closer, you will find out that fatalities related to exercise and sports are not that uncommon. Perhaps they are more common than we would like to believe.   Everyday life, whether business related or not, carries a certain amount of risk.  Though companies may use insurance to manage risk, the problem arises when the insurance program in place doesn’t really address the potential risks the company faces.  That is the problem many companies dont realize until it is too late- say after that catastrophe that wiped out the stock or assets of the company.

It should be noted that companies use insurance as a risk mitigation or transfer tool and that they manage insurance programs differently than the average consumer. However, when developing a risk assessment of insurance considerations, data is extremely important when considering a probability or a risk-related event. The collection of relevant data will determine what kind of insurance policies can be obtained, the price, and even the availability of certain insurance programs. How far back a company can go historically to obtain data determines the potential risks a company faces and, therefore, what insurance program and insurance provider is available as well as the costs involved.

When looking at risk insurance programs, the first question that should be asked by the company is whether it has accurate data. Does it have a good risk management information system in place? If not, does its insurance broker or provider have one? Or maybe the insurance broker or provider can help develop one.

Accurate data leads to the right risk management strategy and the right insurance program. Lack of data makes it harder to have an accurate picture as to the risks involved and, therefore, harder to develop the appropriate insurance strategy and program. It is necessary to obtain accurate historical data if at all possible.

The main reason that companies make extensive use of insurance coverage is to diversify and shift risk through use of business-related insurance. Insurance, if properly used and maintained  can be a major risk management tool.

A major issue facing companies when trying to insure legal risk is the insurability of the risk. In essence, the cost of insuring the risk may be too great to justify the particular form of risk insurance. So when a risk assessment identifies a business risk, not only does the company need to determine if insurance coverage exists to cover the risk, but whether the cost of such insurance justifies its acquisition. Many manufacturing companies will not purchase product recall insurance or similar insurance because of its expense. Some manufacturing companies or organizations will not even purchase credit insurance because of its expense. Therefore, a company  or corporation must pay attention to costs and consider methods to reduce the cost of insurance.

Questions you should ask yourself when considering insurance:

  1. Is the risk analysis accurate?
  2. Can the current insurance coverage adequately minimize risk?
  3. Are the insurance policies in effect priced correctly?
  4. Does the cost of the insurance policy justify its acquisition?
  5. How to best use insurance as a risk management tool to transfer risk?
  6. Is the broker giving sound advice?

As with anything, asking the right questions is half of the battle.

Recently, Korea’s government has been racked by a corruption scandal that has resulted in the resignation of Prime Minister Lee Wan-Koo.  The scandal threatens to engulf Park Geun Hye’s administration and may result in an early application of Korea’s new anti-graft law resulting in prison sentences for some government officials.  No one wants to be implicated in scandals involving graft or corruption of government officials including corporations.  (more…)

One mistake many companies make with regards to crisis management is the failure of adequately implementing existing risk management protocols and processes.  Many crisis are in fact preventable or foreseeable and could be avoided had adequate risk management procedures been implemented and followed.  (more…)

Grand Childrens' Park, Seoul

Grand Childrens' Park, Seoul

I was walking around Seoul the other day and noticed the cherry blossoms in full bloom.  Usually I am too busy to really notice, but on that particular occasion I took the time to appreciate the cherry blossoms.  I vowed to remember how beautiful the trees were as well as the park I walked by.  Sometimes, when we are too busy we fail to remember the little things that make life magical.

From a risk management standpoint, sometimes we get caught up in the moment and fail to remember the processes and procedures that were put in place by our predecessors or colleagues to ensure that the corporate strategy of the company is properly implemented.  And, of course sometimes, during a major crisis we are so busy that we fail to remember to follow or implement those processes that have been created just for that occasion.   Many companies have in fact created processes to implement a crisis management strategy, but then go about business never remembering to actually test the crisis management strategy or simulate a crisis to determine the viability of the strategy that has been developed.  Maybe the processes or policies were just filed away in a filing cabinet with no one remembering such polcies even existed.

Does the crisis management strategy work?

Has it been tested?

Did anyone remember to run crisis scenarios with management involved?

If your company has already created  a list of risks that it may face in a crisis scenario with plans to address them, has anyone remembered to fully vet them.  A company and its management will be under a great deal of pressure once a crisis occurs- remembering to implement the crisis management team that was created in the past or remembering to implement the crisis communication protocols that were discussed last year may not only help prepare management for such a pressure filled situation but will help prepare the company to properly manage the crisis.

Companies that successfully manage crises have used four or five basic steps to prepare for a crisis to the extent possible. They include the following steps:

  1. Identify the major areas of vulnerability the company faces.
  2. Develop a plan for dealing with potential threats.
  3. Form a crisis management team to deal with or handle threats.
  4. Simulate crisis scenarios of potential threats to prepare the company.
  5. Learn from the experience of managing the crisis.

Other companies have used a variety of steps to handle crises, including:

  1. Avoiding the crisis through proactive steps
  2. Preparing for the crisis through preparation and planning
  3. Properly reacting as soon as the crisis exists, and
  4. Resolving the crisis

Notice that successful management of crisis usually involves preparing for a crisis through preparation or planning, avoiding the crisis through proactive steps and learning from the experience of managing a crisis.  All of these steps require remembering what has been done in the past whether successful or not, acting proactively or using processes that have already been planned or implemented.

When facing a crisis today, many companies are suffering from the employee turnover caused by the 2008-2009 financial crash. It may have impacted a company’s ability to handle a crisis.  The risk management institutional memory may have been reduced or in extreme cases no longer exist.  With layoffs happening today, maybe policies develped 5 years ago have been forgotten.  What risk managers and in house counsel (or management) must do today to circumvent the negative impacts of a crisis is to remember what was done in the past.  What worked- use.  What didn’t work- don’t repeat! If a crisis management plan was created- use it or at least re-examine it. Use what was implemented if possible.  Under a high pressure situation dont try and re-invent the wheel.

In other words, a company’s risk management department must not only remember if crisis management policies exist but also to remeber to use them or at least re-examine them.  In other words, risk management or legal must remember to remember!

Closed business

Closed business

Crisis Management- What is Your Communications Plan?

In the past I have commented on crisis management and the tools needed to handle such crisis in today’s business environment. Failure to properly handle a crisis may lead to the business closing its doors as in the picture to the left.  Of course what companies are finding out is that international crisis are harder to handle than domestic ones.  Why? In today’s world, many companies do business internationally. (more…)

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