Article from Canadian Underwriter, June 2018
What’s New in Nuclear Claims Handling
David Gambrill Editor-in-Chief
A pool of Canadian nuclear insurers has created a state-of-the-art, made-in-Canada claims administration system for handling nuclear incidents.
The Nuclear Insurance Association of Canada (NIAC), a domestic pool of Canadian insurers and reinsurers, has developed a new, made-in-Canada, end-to-end claims administration system to respond to nuclear claims.
Two legislative changes last year prompted the development of NIAC’s innovative claims solution. First, the Nuclear Liability and Compensation Act (NLCA) came into force in January 2017, broadening the heads of damages for eligible claimants and increasing operator’s limits of liability to $1 billion. Second, Canada entered into the Convention on Supplementary Compensation for Nuclear Damage, a multilateral international treaty to establish a global nuclear civil liability regime.
Taken together, these two milestones called for a new approach to claims response.
“Nuclear liability claims are completely unique because they combine the most challenging aspects of a catastrophe-type claim, a class action type claim, and a casualty-type claim,” Wendy Hayden, manager of underwriting and operations for NIAC, said at the 2018 Leadership Forum held on March 1 in Toronto.
Elaborating in response to questions from Canadian Underwriter, Hayden noted that claims related to nuclear incidents would be third-party losses as opposed to first-party losses, which changes the relationship between claimants and the insurers.
“A large number of cat losses are weather related and there would likely be a number of insurers handling claims for their customers,” Hayden says by way of example. “Most commercial, homeowner and automobile policies exclude nuclear peril, so the losses would not be first-party, but rather third-party losses handled by insurers of the nuclear operator.”
Nuclear operators are required to carry insurance using the policy wording approved by Natural Resources Canada in accordance to the Nuclear Liability and Compensation Act [NLCA].
MADE-IN-CANADA APPROACH
After two years of consultation with experts in Canada’s property and casualty insurance industry, NIAC developed a multifaceted, made-in-Canada claims administration system. In addition, NIAC can provide centralized claims administration with the common goal to protect the public on behalf of all payors; this initiative was encouraged by the federal government.
The system “brings the complex world of nuclear to the complex world of insurance by delivering an innovative system for managing high-frequency, low-touch claims,” NIAC says.
One crucial aspect is scalability of claims response. “Coupled with multiple factors of a cat loss, the capability to scale claims administration for the event is important,” Hayden says.
“For example, we have considered factors such as a loss in an urban versus rural location, where population size would vary, or an evacuation versus a non-evacuation scenario. In each instance, we have considered what NIAC would need to do to handle claimants’ needs in a responsive, fair and equitable way.”
NUCLEAR CLAIM RESPONSE
Another notable aspect of the claims administration system is the difference between emergency response – which is the responsibility of the nuclear operator and government – and claims response.
For example, once NIAC is aware of a nuclear incident, it would receive notification and collect information from the operator. NIAC would also get information from other stakeholders as to what is known about the specific event. Using this information, a NIAC team would meet to make an initial assessment.
This assessment would determine the scale of the claims response, as well as what would be required over the next 24 or 48 hours. It would involve communicating with NIAC’s pool members, other payors, and the adjusting firm with which NIAC partnered for claims services to start engaging with claimants.
The emergency claims administration phase is expected to last anywhere from weeks to several months, but it would not likely be the full length of the response.
“After the emergency claims response is the second recovery claims response phase,” says Hayden. “These will be the more complex claims, and the ones that take longer to settle.They will be settled in the more traditional way of handling claims. You’d get the claim, you’d start investigating it, and experts would be consulted.” If the total amount of claims gets close to policy limits, NIAC would notify the government and they may wish to initiate the tribunal, as set out in the NLCA.
The claims administration system has a claims website ready to be “switched on” to go live in the event of a nuclear claims situation. Claimants would be
able to file a notice of loss electronically, in addition to using a dedicated call-in telephone number to the call centre.
Social media is part of the claims response communications strategy for getting information out to the public. “Lessons learned from recent events such as the Fort McMurray wild res and hurricanes affecting the eastern seaboard of the United States is that there is value in having a social media network ready for dealing with communications that works in conjunction with NIAC’s claims administration,” Hayden told Canadian Underwriter. “We believe social media is important for our customers, claimants as well as other valued stakeholders.”
Canadian Underwriter June 2018