INSURANCE CONSIDERATIONS FOR CHINA (LGL006) Speakers: Wise Xu, Deputy CEO, Willis China Laura Langone, Senior Director, Global Risk Management, Juniper Networks, Inc. Learning Objectives At the end of this session, you will: • Make sense of regulatory compliance within the Chinese insurance industry • Mark the differences between the U.S. and the Chinese insurance markets • Consider your risk management options for program structure An Overview of China’s Insurance Industry Wise Xu Deputy Chief Executive Office Willis China China Insurance Market Overview Market Review 2012 - 2016 GDP 25000 Nominal GDP in bn US$; Real GDP Growth 20000 15000 10000 7.35% 7.6% 7.4% 7.7% 7.7% 5000 By 2024, China’s GDP is forecasted to be the world’s No. 1. 0 2012 2013 2014 2015 2016 2024 2007 – 2013 Non-life insurance penetration 0.49% 0.39% 0.43% 0.71% 0.61% 0.65% 0.80% 2007 2008 2009 2010 2011 2012 2013 MARKET HIGHLIGHTS: § The economy has shown signs of maturing with a decline in GDP growth in recent years. § The Chinese government is introducing reforms which could have a significant impact on the demand for insurance. § Non-life insurance penetration levels are growing but remains low compared to the global average. Source: Na+onal Bureau of Sta+s+cs' Database; Market Intelligence calcula+on based on: HIS Global Insight, (2014), www.ihs.com; CIRC, (2014), www.cic.gov.cn Insurance Market Review 2007 -2014 Non-Life Premium Trend 140 120 100 80 60 40 20 0 Non-life premiums (in US$ bn) versus non-life premium growth (in %) 2007 2008 2009 2010 2011 2012 2013 2014 Premium Income 31.6 36.2 44.2 60.7 72.9 87.6 104.6 116.18 Growth Rate 32% 17% 23% 36% 20% 20% 19% 15.95% MARKET HIGHLIGHTS: § China’s non-life & life insurance sector has continued to grow faster than GDP. § Following the cooling of China’s booming economy in 2011 and a challenging solvency situation, the growth levels have declined. § However, the market is expected to benefit from a Second Wave of development driven by favorable government policies. § Market consolidation will be more frequent. Source: Market Intelligence calcula+on based on: CIRC, (2014), www.cic.gov.cn Insurance Market Review 2014 Market Share Breakdown Proportional split of premium by insurer Foreign (in %) 2.2% Sunshine P&C China 3% Continent 3% China Insurance 5% China Life P&C 5% Other Locals 17% PICC 34% 2007 – 2014 Foreign Player Market Share Evolution of percentage share of foreign 2.5% insurers in Chinese market (in %) 2.2% 2.0% 1.5% 1.6% 1.2% 1.2% 1.1% 1.1% 1.1% 1.2% 1.0% CPIC 12% 0.5% PING AN 19% 0.0% 2007 2008 2009 2010 2011 2012 2013 2014 MARKET HIGHLIGHTS: § The “Big Three” (PICC, Ping An, and CPIC) still control almost two thirds of the market share. § Market players (Non-Life only): • 64 (43 Domestic Funded Insurers, 21 Foreign Funded Insurers) • 7 Licensed Domestic Reinsurers § Foreign insurers play a more prominent role in specialist classes Source: Market Intelligence calcula+on based on: CIRC, (2014), www.cic.gov.cn Insurance Brokers in China § § § 434 brokers in total by 2012 year-end EUR 4 Billion of Non-life premium placed via brokers in 2012, market share of 6.2% In-house brokers for state-owned enterprises dominate the market • • • • • • • • § Chang’ an (State Grid) Beijing Union (Department of Education) Kunlun (China National Petroleum Corporation and PetroChina) Zhong Sheng (PICC Group) Air Union (China National Aviation, Eastern Air and Southern Air) Zhong Ren (Guangdong Yuedean Group) China Resources COSCO All major international brokers present in China (Willis, Aon, Marsh, JLT, Lockton and etc.) Loss Adjustors in China § § A total of 325 loss adjustors in China by 2012 year-end, most of which are regional and dedicated for motor claims handling Largest domestic adjustors are: § International adjustors include: • • • • Cunningham Lindsey McLarens Crawford Pierre Leong Insurance Laws & Regulations in China Insurance Laws & Regulations in China Supervisory Body § China Insurance Regulatory Commission (CIRC) China Insurance Law § Effective October 1, 1995 § Newly-revised version to eliminate any non-compliance with WTO requirements effective January 1, 2003 § Recent revision made on 31st August 2014 Admitted Insurance / Geographical Restrictions § Risks in China to be insured with insurer(s) licensed in China § 100% pure fronting is prohibited. Some level of risk must be retained by the local insurance market § Insurance has to be purchased from an insurer located in the same city where the risk is domiciled except for a “Large Commercial Risk” • Definition Large Commercial Risk: Total investment exceeds RMB150 million (USD24.52 million) and total annual premium exceeds RMB 400,000 (USD 65,409) Major Compulsory Insurance Auto Third Party Liability § Compulsory Auto Third Party Insurance from July 1,2006 § Restricted to domestic insurers only § Indemnity Limit: RMB 122,000 Workers Compensation Insurance § Social scheme run by the government (Social Insurance Bureau) effective January 1, 2004 Dependent on various regions / provinces and at various stages of implementation Personal Accident for Construction Workers § Contractors are obligated to provide personal accident insurance for workers engaged in “dangerous” works on a construction site Environmental Liability Insurance for certain high-polluting industries § More details in later pages Mandatory Environmental Pollution Liability Insurance Effective March 2013, the following industries are required to take out environmental liability insurance: § Miners and processers of heavy non-ferrous metal ore § Heavy non-ferrous metal smelting industry § Lead battery manufacturing industry § Leather and leather product industry § Chemical raw material and chemical product manufacturing industry Besides the above-captured compulsory industries, The Guiding Opinions recommends that following industries also consider purchasing environmental liability insurance: § Petrochemical industry § Producers, warehousers, users and transporters of dangerous chemicals § Hazardous waste treatment industry & Industries with dioxin emission Mandatory Environmental Pollution Liability Insurance Municipal governments enact practical regulations and promote the development of environmental pollution liability insurance. • Scope of mandated industries is defined by municipal governments, sometimes wider range of industries is given in high risk area; • Most provinces implement compulsory insurance regulation and others encourage enterprises to keep pollution liability policy with subsidy; • In many provinces local government play an active role in compulsory coverage design, co-insurance panels are established, or dedicated broker appointment; • In many provinces, broader coverage from commercial markets cannot replace compulsory one. Workers Compensation & Employers Liability § In 2004 Workers Compensation (Work-related Injury) Insurance became compulsory as part of social security scheme § New Employment Contract Law of 2011 gave more protection to employees § Low benefits and coverage gap under the Workers Compensation, which leads to increasing needs for commercial Employers Liability insurance as supplementary cover Workers Compensation & Employers Liability § Areas to review for possible gaps: • Professional Chinese Nationals with salaries above local average • Expatriates • Employees who incur medical expenses while overseas • One-off unemployment compensation for Injury Levels 1-5 § It is important to understand that benefits programs (Accident, Pension, Medical & etc.) CANNOT respond to legal claims arising from employees Reinsurance New Reinsurance Regulation came in force from 1July 2010 § Reinsurance offer to domestic carriers as priority is no longer required. § Maximum outgoing cession of 80%. New Rules for Reinsurance Enrollment (effective 1 Jan 2016) § Applicable to all reinsurance companies and reinsurance brokers § Different schemes applicable for domestic and foreign reinsurance companies § Key information disclosure requirements § Cleared list vs Black list § IT infrastructure development for enrollment and management Other Important Regulations Minimum Property Insurance Rating Regulations § Nationwide Requirement – Pure Risk Minimum Property Rating for commercial buildings, public roads, subway and power plants § Provincial/Municipal regulation – Currently enforced in 20+ provinces or cities • Applies to broader scope of industries • With practical stipulations in details • Rating differs from area to area • May affect premium allocation under global program • A Large Commercial Risk may be exempted in some Province/Municipal Cash Before Cover (CBC) – Provincial/Municipal requirement for non-life insurance § Currently enforced in Guangdong, Liaoning, Zhejiang, Sichuan, Hubei, Hunan, Shandong, Nanjing, Shenzhen and others Key Challenges in China Challenges in China: A Market far from mature § China market is unique and different from the West § Local laws subject to continual changes and therefore many uncertainties § Interpretation of law & insurance policy wording dependent on the individual concerned § Ambiguous policy terms and conditions § Very often claims are settled on a compromised or negotiation basis Challenges in China: Coverage Restrictions The following coverages are not always available in China: § Full Earthquake Cover § Full waiver of subrogation § Interdependency (Customer/Supplier) cover with adequate limit § World-wide jurisdiction under General Liability § Pure Financial Losses § Fleet Motor policy Challenges in China: Cultural Differences § Very few Chinese enterprises have dedicated Risk Manager positions § Insurance procurement and broker selection is perceived as a local decision § Cost-driven and money-swap strategy prevails § Lowest deductibles are preferred § Appointment of insurance brokers mainly due to compliance consideration Challenges in China: Latest Development § Tighten environmental requirements – New Environmental Protection Law § Increasing Labor cost – It can mean a lot § Claim Issues § Increasing D&O exposure Risk Management Considerations Laura Langone Senior Director Global Risk Management Juniper Networks, Inc. Type of Risk IP Protection High Identifying Risks of Doing Business in China: How much risk are you willing to take? Export / OFAC Compliance Compromise of U.S. Ethics Laws Ineffective Legal Entity and Business Structure Partner Turning Competitor Potential Impact Negative Impact on USG-Related Business USG-Related Business Export / OFAC Compliance IP Protection Ineffective Legal Entity & Business Structure U.S. Ethics Laws Partner Turning Supply Competitor Chain Profitability in China Market Restrictions Profitability in China Supply Chain & Operational Risks Low Market Restrictions High Likelihood Risk Managers should be aware of each type of risk associated with doing business in China, with IP risk proving the most relevant and immediate Medium Risks should be managed through an integrated, cross-functional program Type of Risk IP Protection Ineffective Legal Entity & Business Structure Negative Impact on USG-Related Business Partner Turning Competitor Export / OFAC Compliance Market Restrictions Compromise of U.S. Ethics Laws Profitability in China Sample Roadmap Function Responsible For Mitigating Risk Executive Office Operations Sales & Marketing Finance HR IT Legal & Risk Key Takeaways ¡ Risk mitigation in China requires a cross functional program with executive sponsorship at the highest levels of business ¡ Risk mitigation includes three steps: design, implementation, ongoing management ¡ The most effective programs contain constant feedback loops to take into account changing legal and economic environment Evaluate Risk Appetite Statements: Determine Risk Transfer Opportunities Return Risk Tips ü Establish boundary statement ü Focus on tolerance levels impact ability to allocate more into product development How much risk are you willing to take in pursuit of your business and strategic objectives? i. We must be in China for market prevalence and long-term share. We are willing to take significant risk (e.g., IP, Market, Infrastructure Costs, Supply Chain) to do so while managing these risks to the best of our ability . ii. Where we will transfer and/or mitigate risk based on a cost/benefit evaluation. Risks we can easily transfer through insurance (e.g., fire, transit) and hedging (e.g., FX), we will do so where economical, required by law, and minimizes our overall risk profile. iii. Risk we cannot easily mitigate, we will work with the business units and functional areas to implement mitigation, monitor and manage accordingly. Example: Supply Chain Risk in China: Risk is significant dependence on Contract Manufacturers in APAC, specifically, China. Understand our exposure on a Portfolio basis and loss scenarios We’re able to assess the product impact in the event of a crisis We have visibility to our spend within our Supply Chain including external partners We have visibility to: • 300+ of our direct and sub-tier suppliers • 2,000+ supplier sites worldwide • 22,000+ part numbers Juniper Hardware / Products > Billion MX PTX 2 CM’s 5 Sites 13 DOF sites E Series EX 5 ODM’s 15 Sites 2 DOF sites 115 Direct suppliers 1,512 Sites 15,000+ Parts Numbers 190 Sub-tier suppliers 552 Sites 7,000+ Parts Numbers M Series Evaluate our supply chain risk based on risk categories Financial Health Credit Risk Z-score Debt Rating Natural Disaster Geopolitical Macroeconomics Local Financial Risk Score Location Risk Score Recovery Business Continuity Plan Risk Score Recovery Time Portfolio of Risk Individual Risk Evaluation of a loss from a CM in China Prioritize Suppliers Based on Risk Categories § Single Source Vulnerabilities based on Commodities § Location vulnerabilities based on Country § Sub-tier supplier Dependencies Apply Business Continuity Plans Overview of the three scenario impact analysis: • Minor Impact – Local fire / partial facility closure (Scenario A) • Medium Impact – Facility going offline for a duration of time (Scenario B) • Major Impact – Long term non-operational failure of the site (Scenario C) Impacts are assessed based on two cases: • Best Case • Worst Case For which the sensitivity analysis focused on: • Useful inventory • Main site bring-up delay • Back-up site bring-up delay • Revenue lost with respect to the delay Proactive Supply Chain Risk Management: Real Time Monitoring with Prospective Planning Risk Transfer & Claims Management China Exposure China Property Type Risks & Red Flags Contract with CM on Key Terms: ü Named Perils v. All Risk Policies – Don’t rely on local only • Indemnity, BCP, Inventory, Insurance ü Loss Control & Engineering Standards Differ – engage your team to educate and enhance standards Local Policy with CM • Potential gaps in local policy, basic-terms Local Policy Juniper • Still basic but maintain for legal compliance, claims and local payments as required Global Master Program Juniper ü BCP programs are more like Emergency Response – train real-time and improve annually – meet the team ü Large facilities & Multi-Tenant – build customer relations, engage through BCP and pre-claim meetings ü Components Supply & Quality – insert a local Juniper Quality Control person on-site – be present • If all else fails, provides CAT coverage, triggers ü Logistics & Delays – hold inventory on-hand in other global resources to negotiate local market locations Look to the Contract and BCP for Un/ Underinsured Loss Level III Global Corporate Policy Juniper (STP & Property Program) Global Brokers with Local Claims Expertise Level II Level I Local Chinese Property Policy Juniper Global Broker Decentralized with local Local CM Policy network In Local Market Key Lessons Learned § China is changing, both economically, governmentally and demographically § Global Companies need to understand their unique risks and develop mitigation strategies to the many inherent risks of doing business in China § Select the “right” set of external support and expertise to assist with understanding the Chinese market, insurance landscape and risk management challenges, including legal, tax, IT, brokers, insurers, suppliers, and resellers § Always have a strong legal and business foundation for business relationships § Do the right thing locally while protecting assets globally THANK YOU Q&A
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