In May I covered how arbitration can be used as a risk mitigation tool. Another effective option is insurance; used properly, it may effectively shift your legal risk or exposure to another entity. Many companies fail to adequately consider insurance options or cover risk. Appropriate insurance tools can shift or transfer risk of loss, litigation, claims exposure, and minimize legal or financial liability.
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Companies considering insurance or the use of insurance as a legal risk mitigation tool must conduct a risk assessment. A risk assessment, if properly done, will identify factors that have the greatest financial impact on a company, allowing it to choose appropriate risk transfer strategies to stabilize insurance costs, mitigate extraordinary financial impact of unforeseen events, ensure cost effective protection against catastrophic losses and leverage risk bearing capital.
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When developing a risk assessment for insurance considerations, accurate historical data is extremely important. 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. Having accurate data allows a company to develop the right risk management strategy and pick the right insurance program to shift or minimize risk as a true picture of exposure and risk probability becomes clear. Lack of accurate data leads to an inaccurate representation of risk and therefore inappropriate insurance strategies.
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Once a company develops a risk assessment it needs to conduct a detailed analysis on potential insurance coverage besides its own claims history. Only with a detailed analysis of insurance coverage, deductibles, and co-insurance is it able to make a true assessment as to the cost and desirability of insurance. In other words, though a company may want product recall insurance or catastrophic business interruption insurance it may realize it is too expensive or not desirable once an analysis is done.
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