Crossing borders and overcoming barriers

Author – George Jennings

Technology has made the world more accessible than ever, but that doesn’t mean that working across borders is without any troubles. In fact, when crossing borders, insurance can become complicated and very time consuming if you don’t know your way.

At Consort Technical Underwriters, facilitating cross border insurance placement has become one of our growing interests. This was born from a simple need to help our clients/brokers comply more easily with insurance legislation within the sub-Saharan Africa region and navigate the many obstacles that come when working in foreign countries. At Consort, it’s crucial that we endeavour to assist brokers with access to trusted and reliable insurers and reinsurers, especially in countries where there is strict prescribed legislation.

Let’s take a closer look at the types of enquiries, challenges, and requirements one can expect when assisting with placements and reinsurance networks.

The most common enquiries we receive include:

• Reinsurers looking for capacity and support from various different territories. •
• Local requests for placements in countries outside of South Africa.

Important considerations and challenges:

• Understanding insurance legislation in each country.
• Identifying accredited insurers, underwriters, brokers, or correspondents.
• Calculating fees, taxes, overriding commission, fronting fees, VAT, stamp duties etc.
• Time constraints and turnaround times to finalise agreements.
• Policy wordings and the legal ramifications, such as jurisdiction.
• Payment of premiums (currency shortages).

From an engineering underwriting perspective, the majority of enquiries received relate to Project Specific Contract Works and Public Liability policies and indemnity.

When it comes to Construction Plant and Equipment, one of the challenges is that of repatriating damaged equipment to the nearest South African Border Post. Unfortunately, in some territories there are limited services available to execute repairs, and also limited recovery vehicles and/or rigging units to uplift equipment which is either immobile or out of reach at the accident site. Recovery and repatriation back to country of origin can be a very expensive process.

Aside from the above, language barriers and communication can be an obstacle, particularly when you start communicating about technical insurance matters. But it’s not just the language barrier itself that can impede work. Different languages can have different interpretations of words and nuances, which have legal and technical implications.

Another consideration is the seat of territorial jurisdiction. In some cases, you are required to accept the legal jurisdiction that prevails in that country. If one ends up with litigation whether it be a Contractors Liability claim or purely a technicality with the claim and the wording, you are then in the hands of the justice system that serves that country. Unfortunately, in some countries the legal systems are not as robust when compared to the Roman Dutch Law and English Law. This is where our clients can find themselves in quite a predicament.

Last but not least are placement costs, premium payments, and the time frames in which it takes to conclude a deal, and not to mention all the paperwork that goes along with that. This can be a mammoth task and very time consuming, so be prepared that in some instances it can take months to finalise. Then there are the technicalities of premium payments and different currencies to consider. It all adds up and this is where Consort is continually striving to open up new avenues and relationships in which we can operate as swiftly as possible to assist our intermediaries and mutual clients.

Rebuilding South Africa and the insurance needed to do it.

Author – Megan Wright

In the next few weeks, months and maybe even years to come there will be a renewed focus on rebuilding South Africa. After the rubble has been cleared and the streets swept, warehouses, workshops, shopping centres and office buildings will literally have to be rebuilt. Of course, as a society and in a more figurative sense, we’ll also be rebuilding our national identity; coming together despite race, gender, creed or language to create a better and stronger country for all.

It is in such times that businesses and companies need a trusted partner that they know will come through when life takes a most unexpected turn. As your clients start construction, know that Consort Technical Underwriters is your insurance partner in rebuilding.

In this article we’ll specifically take a closer look at Public Liability Insurance and Surrounding Property Insurance and why it’s necessary to clearly understand and distinguish between these two when talking to clients about their insurance requirements.

What is Public Liability Insurance and why is it important to highlight it to clients?

Public Liability Insurance is a specific product that covers accidental death, injury or damage to a third party’s property during or in connection with the contractor’s works being carried out. The third party property can be any property located on, or adjacent to the construction site, which is not held in care, custody or control by the Contractor. The insurance will cover the employer, all contractors and subcontractors against liability claims.

Public Liability Insurance is an extension to the Contractors All Risk (CAR) cover as it is otherwise specifically excluded.

It’s important to remember that the average person has little knowledge or experience of the scope of potential liability hazards that accompany their business. It’s exactly for this reason that brokers should help educate their clients of the extent and limitation of their cover when discussing their individual insurance needs for a project.

Every person and every company or public authority owes a duty of care to the general public and any such individual or group causing loss or injury to others and / or their personal property, may be held responsible by law to recompense the party suffering loss or injury.

Liability is incurred not only in respect of a person’s own actions or omissions, but in respect to those he employs and others acting on his behalf, for example, subcontractors on the contract site.

What is Surrounding Property Insurance?

The SPD extension refers to property in the care custody and control of the Insured and being worked upon. Surrounding Property Insurance covers the employer and the contractor against loss of or damage to property (excluding the works) which is in the contractors or subcontractors care, custody or control and has occurred as a direct result of work being carried out in delivery of the insured contract.

Fortunately, Surrounding Property cover can be included in the CAR policy. Ultimately, it’s up to the broker to ensure it’s included and that the correct or appropriate Limit of Indemnity is assigned.

Do you have any further questions about Public Liability and Surrounding Property insurance? Contact your broker today. Brokers who would like to learn more about our CAR product can contact us here.

The Beyond tangible property

Author – Kobus van Niekerk, Senior Underwriter at Consort Technical Underwriting Managers

Originally featured in COVER

Most short-term insurance products insure tangible property. In some cases it may also cover liabilities, and to a certain extent, consequential loss.

Engineering insurance: more frequently goes beyond that. It extends to insure a dream, an ambition, a vision, or a passion, to become a reality. This can be a house, a factory, or even that super sports stadium that you have always dreamt of building. However, dreams may become nightmares by the unfortunate interference of a misfortune. Whilst Consort cannot wish misfortunes away, or assist with all of them, we certainly can make the dream come true by fixing physical loss or damage to the subject of the dream and share with the insured, the joy of a dream coming true. Contract Works insurance is vital to ensure the successful completion of projects.

WHEN DREAMS UNEXPECTEDLY COME TO A STANDSTILL

Let us put this concept of insurance further into practice. Dairy farmers are dependent on milk processors, so are meat producers on the abattoir and the fruit producer on the cooling facilities at the fresh produce market or the canning factory. At any time, despite regular maintenance, cooling and processing plants can break down. If this should happen, not only will the appropriate engineering insurance compensate for the repair of the breakdown, but it will also compensate for the financial loss following the deterioration of the stock or the extra cost in hiring compressors to keep the fridges going. Even the loss of profits may be insured. The food industry is vital to our country and for that reason engineering insurance plays a fundamental part in the food industry. Consort is a trusted partner in providing specialised insurance to keep the wheels of the manufacturing and processing industries running.

Electronic Insurance: originated in the mid-sixties of the previous century, mainly to insure data processing media and equipment. Today, the world is experiencing the fourth industrial and an ongoing electronic revolution. Electronics have become indispensable, not only in the industrial and commercial world, but also in our daily lives. For instance, today cars are built by robots and entire factories are computerised. Electronic Equipment Insurance not only insures the traditional insured perils but also electrical and mechanical breakdowns. This means that your computers are insured, as well as cameras, surveillance equipment and anything else which is electronically orientated or controlled, for example, medical equipment. We insure the full spectrum of electronic equipment including the consequential loss following an occurrence.

INSURANCE FOR THE FUTURE

After electricity replaced steam as a source of energy, huge power stations were built. These power plants are primarily powered by coal but in some cases oil and gas are also used. Due to the pollution effect of these activities, another source of energy has become a necessity. The first obvious choice was nuclear. However, the inherent dangers and exorbitant costs forced the attention to renewable energy. Solar and wind energy are fast growing sources of energy and Consort identified the need for a specialised insurance program for the renewable energy industry. In conjunction with our London office and other specialist Underwriting Management Agencies in the Lombard Insurance Company Ltd stable, we developed a Cradle to Grave insurance product designed for our local environment. Should I be asked to define insurance in short, my reply is “WE SELL A PROMISE”.

Consort strives to be an industry leader through the ongoing engagement of our values; to act responsibly, in good faith and with integrity, to maintain our passion and vision, to continually enhance our knowledge and expertise, and to always honour the promise contained within the cover we provide.

CONSORT TECHNICAL UNDERWRITING MANAGERS (PTY) LTD (REG NO 1999/003909/07) IS AN AUTHORISED FINANCIAL SERVICES PROVIDER (FSP NO 2273), IS FAIS COMPLAINT AND IS UNDERWRITTEN BY LOMBARD INSURANCE COMPANY LIMITED, AN AUTHORISED FINANCIAL SERVICES PROVIDER (FSP 1596) AND INSURER CONDUCTING NON-LIFE INSURANCE BUSINESS.

The Wind of Change – a shift towards greener power

Author – Andy Brown

The ‘Wind of Change’ is the well-known 1960 speech delivered by British Prime Minister, Harold McMillian during parliament in Cape Town. It was an address to announce that the British government would support independence for the territories it previously ruled. It was a powerful speech which set in motion many changes in Africa.

However, today we require a different wind of change to blow and give power in a very literal sense. And maybe Greta Thunberg, the young Swede who delivered an address on climate change at the UN’s Climate Summit in New York in 2019, is our McMillian. As Greta said to global leaders: “You are failing us. But the young people are starting to understand your betrayal. The eyes of all future generations are upon you. And if you choose to fail us, I say: We will never forgive you.”

And while her speech blew many rightfully away and ignited a concerned consciousness towards greener energy solutions to combat global climate change. We need more than words. We need action. We need all those involved in the energy business to know that South Africa is ready for responsible energy solutions, our industries and nation are desperately in need of sustainable and reliable energy solutions and that companies such as Consort Underwriters are willing to support them.

Dismantling the unsustainable power grid

Though it will take many, many, years before we can abandon our coal dependency, it should not deter us from inching forwards and seeking greener alternatives. Thankfully, companies are already making a shift towards hybrid power and taking a hard look at their carbon footprint.

How the wind blows

The constantly evolving movement towards various forms of technology, and the South African government’s easing of long term negativity towards renewable energy, has started to push the boundaries of what can be considered for economical and green power generation. At the moment there’s a very clear move under way towards the use of  hybrid plants, containing combinations of wind and solar PV, solar and biogas, wind solar and battery storage (BESS). It’s therefore not inconceivable that proposals for offshore wind ‘farms’ will shortly emerge. At least one global company specialising in this technology has already established a presence in SA.

The generation of power from wind turbines located offshore has gained increasing popularity in Europe and the USA and is now commonplace. However, the Renewable Energy Independent Power Producer Procurement (REIPPP) programme in SA has not given much consideration to this technology, partly due to the coastline shelving too steeply thus requiring sub-surface foundations and tethering systems that were, or are, considered to be technologically challenging and therefore economically unviable. Add to this the challenges of working on rough seas and strong currents.

But all this might change soon.

In theory

According to the Global Wind Energy Council (GWEC), South Africa has great offshore wind energy potential. The GWEC told Engineering News: “While South Africa has a strong onshore wind resource, the wind resource is generally stronger at sea, therefore there is simply more capacity available offshore than onshore. Thus, each turbine at sea can produce significantly more clean power than a turbine on land.”

However, the GWEC cautions that there is still much work needed in the area of regulatory framework if South Africa wants to see offshore wind projects succeed. “Currently there are no policies or roadmaps for offshore wind in South Africa, so it’s too early to say when it could become commercially viable without these in place and more studies are needed on the topic.”

Offshore wind also poses significant economic benefits should it come to fruit says the GWEC: “We have already seen how offshore wind has transformed coastal cities in Europe to becoming thriving industrial hubs.”

The research to back it

Research conducted by the University of Stellenbosch has identified suitable areas of South African coastline where development could be feasible. Earlier this year Business Insider reported on a new  study by Stellenbosch University academics which found that offshore wind farms could potentially supply all of South Africa’s electricity – more than eight times over.

Gordon Rae and Dr Gareth Erfort from the Department of Mechanical and Mechatronic Engineering used geographic information system methods to survey the potential of South Africa’s offshore wind energy. Their report, published recently in the Journal of Energy in Southern Africa, is the first comprehensive assessment of South Africa’s offshore wind energy resources writes the online publication.

Their researchers identified the most suitable regions for the development of offshore wind farms in South Africa as Richards Bay and Durban in KwaZulu-Natal and Struisbaai in the Western Cape.

Theoretically, should these wind turbines be installed in these appointed deep water, they could deliver 2,387.08 terawatt hours (TWh) in electricity every year. South Africa’s annual electricity consumption is slightly less than 300 TWh. And thus, theoretically speaking, deep-water turbines could satisfy the country’s annual electricity demand eight times over.

Consort is your trusted partner in insuring renewable energy technology

Consort has already established itself as a trusted partner in the renewable energy market in South Africa. Our Comprehensive Energy Insurance could be tailored to support offshore wind turbine projects as it falls within our Utility Scale renewable energy ambitions and such projects will fall under our Tier 3 projects.

Our CEI is a complete insurance solution with an all-embracing policy. Learn more here.

 Resources:

1. https://www.businessinsider.co.za/sa-offshore-wind-farms-could-deliver-all-of-sas-electricity-2021-3
2. https://www.engineeringnews.co.za/article/global-wind-body-urges-south-africa-to-explore-excellent-offshore-wind-potential-2020-08-21

Frequently asked questions about Loss Adjusters

Author – James Bishop

Ever wondered what a loss adjuster does? How to become one? Or if it’s a viable career option? At Consort Technical Underwriting we value the work of experienced loss adjusters and their unique skill set. Loss adjusters fall within the advanced and expert skill levels and are thus sought-after vocations.

In this article we answer some of the most frequently asked questions about loss adjusters.

1. What exactly is a loss adjuster?

Loss adjusters are appointed by insurance or underwriting companies to investigate insurance claims. These specialists will investigate an insurance claim as a result of theft, damage, break-down etc. Despite being hired by insurers or underwriters, loss adjusters remain independent in their work and the report they write. Investigating claims is in the best interest of all involved and is simply there to guarantee that the loss is covered by a policy and that it is paid out accordingly.

In an interview¹ a few years back, Jan Schubart, then president, now director of the Institute of Loss Adjusters in South Africa, explained that the role of a loss adjuster in assessing a claim includes verifying the circumstances of the loss, confirming that an insured peril (what the policy covers) has, in fact occurred, and ensuring that there has been no breach of policy conditions and/or exclusions.

2. How do you become a loss adjuster?

Certainly not many children grow-up dreaming of becoming a loss adjuster. Instead, this is a career path you choose after working in the relevant industry after some years and discovering the intricacies and challenges of the job.

Loss adjusters usually start off either in the insurance field (general adjuster) or in the specific discipline related to the insurance claim (electrical, mechanical, civil or electrical engineering) before entering the specialist field of loss adjusting. This could be one of the reasons why many loss adjusters are of a more senior age.

Individuals that are interested in pursuing an occupation as loss adjuster will have to look into obtaining a National Certificate in Loss Adjusting. According to SAQA² the National Certificate in Loss Adjusting (NQF Level 5) is intended for learners who have achieved a Level 4 Qualification in Short Term Insurance or Short-Term Risk Management and who wish to continue on a career path of lifelong learning in the short term insurance industry. And for those who seek admission as an Associate Member of the Institute of Loss Adjusters of Southern Africa.

Aside from the necessary qualifications, loss adjusters should have good communication and problem-solving skills and the ability to arbitrate a settlement with grace and unbiased reasoning. Other skills that are also sought after in a good loss adjuster include: an inquisitive personality with a keen interest in criminal and civil investigation, analytical thinking, detail orientated, people orientated and computer proficient.

3. Is there a governing body for loss adjusters?

Yes, the Institute for Loss Adjusters in South Africa (ILASA) sets and controls the professional standards and conducts of the profession in South Africa. No person other than a member of the Institute may use the term loss adjuster.

According to ILASA, members who achieve professional body status must comply with the following requirements to be awarded the status of Professional Loss Adjuster:

1. Be an Associate or Fellow of the Institute.
2. Hold the Higher Certificate / National Certificate in Short Term Insurance LIISA / ACII / AIISA / FCII / FIISA qualification by examination.
3. Have not less than 5 continuous years of practical experience as a loss adjuster.

They must also have complied with the CPD requirement and they should have completed the renewal application.

4. Why are experienced loss adjusters important to Consort/the insurance industry?

Consort’s products are considered complex. The claims we receive may also be of higher value and thus we require more extensive and thorough investigation of received claims. Should we not have experienced skill adjusters, critical or technical elements of a loss may be over-looked, resulting in a potentially incorrect or even biased settlement advice.

5. I’m a loss adjuster, how can I start working with Consort?

When we appoint a loss adjuster the following factors are taken into consideration:

• An adjuster according to the discipline he is qualified in. For instance electrical, mechanical, civil or electrical engineering or a general adjuster. 
• A well experienced loss adjuster with general insurance experience to take care of crime class, fire damage and the run of the mill petty losses.
• The appointment is also made within his area where he resides to safe travel expenses.
• The adjuster is only to report on the loss itself, the validity, if covered by the respective policy, and potential quantum of the loss. We as underwriters will have the final say when payments or repudiations are to be made. The adjuster will under no circumstances discuss the merit of the claim/s with the client.

Do you have more questions? Are you a loss adjuster and want to work with us? Contact us here and someone from our team will contact you.

Sources

1. How insurers check-up on you: https://www.iol.co.za/personal-finance/how-insurers-check-up-on-you-2087037
2. SAQA: https://pcqs.saqa.org.za/showQualification.php?id=61529