Berkley Program Helps Public Entities Navigate Complex Liabilities

PRODUCT: Public Entity Casualty Program

COMPANY: Berkley Public Entity Managers

BEST RATING: provides A+ paper (W.R. Berkley companies)

AVAILABILITY: Coverage is available through appointed brokers, mostly on a non-admitted basis.

FOCUS: From potholes to police misconduct, local governments and authorities face myriad potential liabilities that expose them and their employees to claims from the public. A complex web of state statutes and case law combine to immunize public entities, officials and civil servants from some claims, while allowing others to proceed. In response, Berkley Public Entity Managers (BPEM) offers its Public Entity Casualty Program with broad and tailored coverage and services for an array of perils.

BPEM claims and underwriting teams help insureds and their brokers with risk control in a challenging legal environment. “Our claims teams understand the complexity of public entity tort immunities,” says Brian Whooley, senior vice president of underwriting. According to the company, those team members average 11 years of experience working with self-insured public entities.

UNDERWRITING: Coverage options include general liability, public officials liability, employment practices liability, employment benefits liability, law enforcement liability, automobile liability and sexual misconduct. As a member company of W. R. Berkley Corp., BPEM can provide access to other coverages and services such as environmental, response to cyber and physical attacks and crisis management.

The company quotes requested options along with alternatives that may increase the program’s efficiency or effectiveness, thus lowering the total cost of risk. Risk retention reflects the client’s loss history and risk appetite. There is no minimum retention, and limits up to $10 million are available.

BPEM specializes in the first layer of risk transfer. It develops risk control programs and claims management strategies to reduce the overall cost of public risk, whether it is retained or transferred. Price is based on rates specific to self-insured public entities, with distinctions for entity type, jurisdiction, level of retention and amount of coverage. Pricing factors in client-specific experience. BPEM reviews clients’ evolving needs at inception and renewal to keep coverage customized as appropriate.

MINIMUM PREMIUM: $50,000.

TARGET: Cities, counties and special districts that retain a portion of their risk, preferably normal loss expectancy. A typical client is a public entity with a formalized risk management function, though not necessarily a full-time risk manager. Most have either in-house claims capability or a third-party administrator to handle retained claims. BPEM encourages the top management of its clients to be aware of both the financial and reputational costs of risk and to develop formal budgets for risk management and claims. The company also advises such clients to be aware of complementary services available from the insurance provider, such as specialized claims or risk-control skills.

COVERAGE TERRITORY: All U.S. jurisdictions.

CONTACT: Brian Whooley, senior vice president of underwriting; Berkley Public Entity Managers, 30 South 17^th Street, Suite 820, Philadelphia, PA 19103; 215-553-7381.

Ronimarie Acord is an IA contributor.