It
is possible to transfer both known cost items (such as recognized
remediation costs) and the associated unknown risks (such as potential
remediation cost overrun) using a combination of pre-funding and
conventional cost cap insurance. These blended finite programs are
typically combined with a Pollution Liability policy to cover third-party
liability claims.
Essentially,
insurers will charge a premium to fund the recognized reclamation
expenditure with an additional charge to transfer the cost overrun
and timing risks. Since they are future costs, the estimated reclamation
costs are discounted to an appropriate net present value.
The
funded element is charged to an experience account which the insurer
invests at a guaranteed rate of return - the aim being to generate
sufficient funds to match predicted reclamation costs. The insured
then draws on the policy to fund the reclamation obligations. Any
funds remaining in the experience account after all reclamation
expenses have been covered are typically returned to the insured.
The
balance of the experience account can also be returned to the insured
at any time via a commutation of the program.If the experience
account does not contain sufficient funds to cover reclamation expenses,
the overrun is funded by the insurer (up to the policy limit). Limits
in these programs are typically set at twice the value of the anticipated
expenses.
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