How to insure entities in the public sector

What issues may arise if public entities are not insured properly?
Government entities have a very limited ability to obtain funds from other sources. A large award could cause them to cut programs, impose a special tax assessment, or, in some cases, to declare bankruptcy, if allowed. This recently occurred in Boise County, Idaho, due to a zoning claim the county lost in court. The county issued a permit but wouldn’t let the developer move forward. The developer took the county to court and it lost a $4 million judgment. The county was not insured and it declared bankruptcy.
How can organizations best understand their risks and ensure they have the proper insurance?
A thorough and creative process is necessary to identify and measure exposure to risks of accidental loss. This is done by inspections, interviews, analysis of budgets and financial reports, analysis of past claims data, review of major contracts and knowledge of operations.
The organization needs a knowledgeable partner to help it place the best available coverage at reasonable terms.
How can these entities determine exposures?
To complete a thorough analysis of their exposures, public entities should set up inspections, conduct interviews with department heads, walk through the facilities, look at budgets, financial reports, past claims data, and contracts to understand what operations are being performed that fall under different units of local government.
Employees working in the governmental entity know the operations but are often unaware of the risk or insurance implications.
Why do public entities need professional help?
Risk professionals can look at insurance policy agreements and exclusions to make sure that nothing is left uninsured — or if something is left uninsured by design, the professional can ensure that everyone understands that the entity will retain the risk.
Some claims, like auto accidents, are straightforward, but other types can be subtle. For example, if the public entity denies a zoning permit to someone and is sued as a result, will it be covered? Will employment practices claims be covered if employees are terminated  inappropriately?
In another example, if an airport, overseen by the city council, purchases coverage for bodily injury or property damage from the aviation insurance market, it should carry errors and omissions insurance for its oversight of the airport. The public entity may purchase E&O insurance from the carrier that is providing its general liability, but that carrier may not cover anything at the airport. Only someone well versed in insurance policies would recognize the gap between policies. If the airport policy doesn’t cover E&O and the general liability policy covers E&O but excludes the airport, there is uninsured exposure.
These more subtle exposures are the ones for which the public entity will need help from a knowledgeable partner.

William F. Becker is executive vice president, national practice leader – public sector, Aon Risk Solutions. Reach him at [email protected]. Steven P. Kahn, CPCU, ARM, is managing director of Aon Global Risk Consulting. Reach him at (949) 608-6418 or [email protected]. Mark Blassie works in business development at Aon Risk Solutions. Reach him at (314) 719-3865 or [email protected].
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