Capstone Responds to Hurricane Harvey Disaster

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Houston-based Capstone Associated Services is Up and Operational

Houston-based Capstone Associated Services, Ltd., one of the largest and oldest captive managers in the U.S. serving the mid-market, reports that it is still up and operating, despite catastrophe on the Gulf Coast. “We are fortunate that our planning and disaster recovery worked without a hitch,” said Stewart A. Feldman, Capstone’s CEO & General Counsel. “We never lost power or internet and our team, spread throughout the greater Houston-area and more generally throughout the U.S., has continued to work without interruption. We are very thankful that despite the widespread devastation that so far, all of our 70-person team from our related group of companies have reported in without any significant personal loss. Mobility is still limited given the numerous impassible roads in Houston. Nonetheless, for tens of thousands of people, including some of our clients, this is a disaster of epic proportions.”

Our thoughts go out to those who have been impacted by the storm. We’re hopeful for a quick and speedy recovery for Southeast Texas. As the healing process continues and as we step back and gain perspective on these events, questions that businesses should include are, ‘Where is the money coming from to pay for the damage?’ and ‘Is my business properly insured for a major weather-related event?’”

Capstone’s Vice President of Insurance Operations, David Overbeck, CPCU, comments: “The events of the last week underscore the need for a comprehensive insurance program, which has an alternative risk/captive program as one of its key components. Solely relying on the limited Federal flood program and few, limited conventional market alternatives leaves most businesses with large gaps in critical risk areas. How many risk management professionals would have objected to a coverage exclusion of an 800-year flood with over 40 inches of rain in a few days? This is why a broad-based, enterprise risk management program, with few exclusions is necessary.”

Mr. Overbeck is one of five CPCUs at Capstone with experience totaling more than a century.

Lance McNeel, CPCU, himself thirty-year insurance professional, and a Capstone Vice President commented: “The commercial markets do not typically sell broad based business interruption (BI) and property policies that respond to all scenarios. Contingent BI is even more unusual, especially for flood-related disruption. Typically, property and business interruption excludes events such as rising water damages and loss of revenue/operations associated with off premises events such as the lack of power from a substation. The commercial flood policies usually provide named-peril coverage for specific assets. The critical days after a major storm or flooding event are a poor time to get into a dispute with your broker or insurer with its narrow coverages and carefully drafted exclusions. Through its captive program, Capstone offers our customers the option of having broad form policies covering a wide array of property damages and business interruption events, including direct storm damage, loss of profits from electrical/gas/water issues, civil disturbance, supply chain disruption of all sorts, etc.”

“Fortunately, for many of our clients, broad based business interruption and Contingent BI policies are in place through their captives which can provide valuable Hurricane Harvey protection,” commented Steve Lonergan, CPCU, who works from Capstone’s Minneapolis office handling the Great Plains and Pacific Northwest.

David Osbourn, CPCU from Capstone’s Pittsburgh office serving the Northeast and Mid-Atlantic states added: “The National Flood Insurance Program (NFIP) is the first line of insurance available for flood losses. However, flood insurance under the NFIP is limited. The maximum business limits are $500,000 for each of the buildings and another $500,000 for each building’s contents, which is a fraction of what most businesses need. Further limits above the NFIP program must come from the commercial insurance market, if available, or from a captive program. And commercial insurers limit their exposure to loss by excluding high flood risk properties, or by charging uneconomical rates, forcing reduced limits or high deductibles. It is problematic obtaining coverage in the Gulf Coast, in many areas of the Southeast, in Florida and in areas affected by Storm Sandy. Said another way, a captive program is often the best alternative.”

Commercial insurance policies as well as coverage under the NFIP have many exclusions. Business Income losses are not covered; neither is damaged caused by mildew or mold. Coverage is also limited in areas below the lowest elevated floor.

Recently, many flood losses have occurred on properties not located in Designated Flood Zones. Heavy rains despite long adequate storm drains have caused significant flood losses to properties outside of the NFIP’s Zone A and other flood prone areas. These claims often go uninsured with the entire loss being borne by the property owner, absent a captive insurance program in place.

Planning for flood losses is critical in any business’ enterprise risk management program. A captive insurer can provide a business the necessary funds to pay for flood as well as other business losses due to risks that are otherwise uninsured or underinsured.

Lance McNeel, provide further historical context to the lack of availability of flood coverage: “Almost ninety years ago, the commercial insurers largely abandoned the flood insurance market following the Great Mississippi River Flood, which was one of the worst natural disasters in U.S. history. Flooding inundated dozens of counties in seven states. To put matters in perspective, damages totaled about one-third of the federal budget at the time, the equivalent of more than $1 trillion dollars today.”

With a pre-Harvey NFIP deficit of close to $25 billion, the Federal government is unlikely to increase its role, so proactive business owners need to take the lead and pre-fund business risks in their captive for the proverbial “rainy day” that inevitably happens.

Ultimately, businesses, families, and all those affected will need time to rebuild. Capstone will continue to help mid-market businesses prepare for major perils with comprehensive insurance through captive planning.”

About Capstone

Capstone Associated Services, Ltd. (http://www.CapstoneAssociated.com) is the most integrated and largest outsourced provider of captive insurance services for the middle market. In association with The Feldman Law Firm LLP (http://www.FeldLaw.com), Capstone administers property & casualty insurance companies that provide alternative risk financing services throughout the U.S. Now in its 19th year, Capstone provides turnkey services usually under a joint engagement with its affiliated law firm to mid-market businesses in many industries.

Capstone's own staff of insurance professionals includes Chartered Property & Casualty Underwriters, Associates in Risk Management, accountants and administrators, in addition to the affiliated The Feldman Law Firm LLP's tax, corporate, financing and regulatory lawyers, outside CPAs, risk managers, property & casualty professionals, and actuaries. Together, this team offers middle market companies the most comprehensive risk planning solution available. Today, captives are the premier risk management and risk-financing tool for qualified middle market companies.

To learn more about how alternative risk planning and captive insurance can protect your business from uninsured risks, please visit us at http://www.CapstoneAssociated.com or contact us at 800.500.3190.

NOTICE: To the extent this communication contains any statement of tax advice, such statement is not intended or written to be used, and cannot be used, by any person for the purpose of, or as the basis for, avoiding tax penalties that may be imposed by the Internal Revenue Service. Unless expressly stated otherwise in writing, this communication is not intended to be used, and cannot be used, for the purpose of promoting, marketing, or recommending to another party any matter addressed in this communication.

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