Department Of Insurance, Financial Institutions And Professional .

Transcription

DEPARTMENT OF INSURANCE, FINANCIALINSTITUTIONS AND PROFESSIONAL REGISTRATIONP.O. Box 690, Jefferson City, Mo. 65102-0690ORDERAfter full consideration and review of the report of the financial examination of MissouriIntergovernmental Risk Management Association for the period ended June 30, 2016,together with any written submissions or rebuttals and any relevant portions of theexaminer's workpapers, I, Chlora Lindley-Myers, Director of the Missouri Department ofInsurance, Financial Institutions and Professional Registration pursuant to section374.205.3(3)(a), RSMo, adopt such examination report. After my consideration andreview of such report, workpapers, and written submissions or rebuttals, I herebyincorporate by reference and deem the following parts of such report to be my findingsand conclusions to accompany this order pursuant to section 374.205.3(4), RSMo:summary of significant findings, company history, management and control, territory andplan of operation, reinsurance, financial statements, examination changes, comments onfinancial statements, subsequent events and summary of recommendations.Based on such findings and conclusions, I hereby ORDER that the report of the financialexamination of Missouri Intergovernmental Risk Management Association as of June 30,2016 be and is hereby ADOPTED as filed and for Missouri Intergovernmental RiskManagement Association to take the following action or actions, which I considernecessary to cure any violation of law, regulation or prior order of the Director revealedby such report: ( 1) account for its financial condition and affairs in a manner consistentwith the Director's findings and conclusions.So ordered, signed and official seal affixed this/{,-/1\ day of, 2017.Chlora Lindley-Myers, · ctorDepartment of Insurance, Financial Institutionsand Professional Registration

FILEDREPORT OFFINANCIAL EXAMINATIONMissouri Intergovernmental RiskManagement AssociationAs of:June 30, 2016ST ATE OF MISSOURIDEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONSAND PROFESSIONAL REGISTRATIONJEFFERSON CITY, MISSOURI

Table of ContentsSCOPE OF EXAMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . 1Period Covered . 1Procedures . 1SUMMARY OF SIGNIFICANT FINDINGS . . . . . . . . . . . . . . . . . . . . 2COMPANY HISTORY . . . . . . . . . . . . . . . . . . . . . . . . .2General . 2Corporate Documents . 2Meeting Minutes . 3MANAGEMENT AND CONTROL . . . . . . . . . . . . . . . . . . . . . . . . 3Board of Directors . 3Officers . 3Conflict of Interest . 3Holding Company, Subsidiaries and Affiliates . 4Service Providers . 4TE'RRITORY AND PLAN OF OPERATION . . . . . . . . . . . . . . . . 5REINSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Assumed . 5Ceded . 5FINANCIAL STATEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . 6BALANCE SHEET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7IN CO ME STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . .8RECONCILIATION OF NET ASSETS . . . . . . . . . . . . . . . . . . . . . .8EXAMINATION CHANGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9COMMENTS ON FINANCIAL STATEMENTS . . . . . . . . . .9SUBSEQUENT EVENTS . 9SUMMARY OF RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . .9AC.KNOWLEDGEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10VERIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10SUPERVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

June 29, 2017St. Louis, MOHonorable Chlora Lindley-Myers, DirectorMissouri Department of Insurance, FinancialInstitutions and Professional Registration301 West High Street, Room 530Jefferson City, Missouri 65101Director Lindley-Myers:In accordance with your financial examination warrant, a comprehensive financialexamination has been made of the records, affairs and financial condition ofMissouri Intergovernmental Risk Management Associationhereinafter referred to as "MIRMA" or as the "Company." The Company's main office islocated at 3002 Falling Leaf Court; Columbia, Missouri 65201; telephone number (573)817-2554. Examination fieldwork began on June 5, 2017 and concluded on the abovedate.SCOPE OF EXAMINATIONPeriod CoveredWe have performed a single-state examination of Missouri Intergovernmental RiskManagement Association. The last examination was completed as of June 30, 2011.This examination covers the period of July 1, 2011 through June 30, 2016. Thisexamination also included material transactions or events occurring subsequent to June30, 2016.ProceduresThis examination was conducted using the guidelines set forth by applicable regulationsof the Department of Insurance, Financial Institutions and Professional Registration andstatutes of the state of Missouri. Standard examination procedures were modified asnecessary under the circumstances.The examiners relied upon information and workpapers provided by the Company'sindependent auditor, Hochschild, Bloom & Company LLP for its audit covering theperiod from July 1, 2015 through June 30, 2016.1

SUMMARY OF SIGNIFICANT FINDINGSThe Company continues to emphasize steady growth with a focus on maintaining a levelof net assets to ensure stable operations. No material weaknesses were identified duringthis examination.COMPANY HISTORYGeneralThe Missouri Intergovernmental Risk Management Association was formed as a selfinsurance pool to cover workers compensation and property and casualty claims for itsmembers. The Association provides multi-line coverage (individual lines are notavailable) to municipalities and municipally owned utilities throughout Missouri.MIRMA was formed under the provisions of Chapter 287 RSMo (Workers'Compensation) and Chapter 537 RSMo (Risk Management for Public Entities) and wasincorporated July 1, 1981.On June 30, 1983, the Missouri Division of Insurance issued the Company a certificate ofauthority to operate as an assessable political subdivision plan pursuant to Sections537.620 to 537.650 RSMo (Political Subdivision Assessable).Corporate DocumentsThe Articles of Association and the Bylaws were reviewed during the examinationperiod. The Articles of Association were revised and then amended three times. Therevision, effective February 3, 2012, updated various provisions in the Articles andincluded changes to the timing of termination due to delinquent payments. The changealso allowed the Executive Director the ability to give firm quotes to prospectivemembers and approve new members. A deadline to file an appeal of an adverse decisionand changes to the provision regarding board member attendance was also addressed inthis revision. The first amendment, approved November 2, 2012, modified the provision forparticipation and admission of new members. The Articles will now allow newmembers to be added with a delay in part of the coverage until the new member'scurrent coverage expires. The second amendment was implemented on July 18, 2013. This change allowedfor the electronic submission of invoices to the membership. Previously, onlymailed invoices were allowed. The third amendment, approved May 8, 2015, allowed the Company to offercredits to members that chose to use deductibles in their coverages.The Bylaws were amended to implement procedural changes corresponding to thechanges made in the Articles of Association.2

Meeting MinutesThe minutes from the annual meetings and the Board of Directors meetings werereviewed for the current examination period. Those minutes adequately documented thedeliberations of those meetings.MANAGEMENT AND CONTROLBoard of DirectorsPursuant to its Articles of Association and Bylaws, a Board of Directors consisting of tenmembers manages the Association. The directors are elected annually for staggeredthree-year terms. Members serving at June 30, 2016, were:Derek Brown, ChairmanCity AdministratorCity of Albany, MORussell Rost, Vice-ChairmanCity AdministratorCity of Union, MOJennifer Schmidt, SecretaryCity ClerkCity of Tipton, MOGreg Hodge, TreasurerDirector of FinanceCity of Moberly, MOJeanette YountFinance ClerkCity of Arnold, MOJ. J. WisemanHuman ResourceCity of Jackson, MOZach MclelandSafety CoordinatorCity of Macon, MOAmy StroughHuman Resources ManagerCity of Maryville, MOPhillip ShatzerSuperintendent of OperationsCity of Paris, MORodney BourneGeneral ManagerCity of Rolla, MOOfficersKey officers as of June 30, 2016 were:Matthew BrodersenJenne AuckGlenn Price, Jr.Patrick BonnotExecutive DirectorFinance DirectorClaims & Litigation DirectorLoss Control & Member Services DirectorConflict of InterestConflict of interest disclosure statements are executed annually by all Board membersand the Executive Director. A review of the conflict of interest disclosure statements forthe period under current examination indicated the Company has procedures in place to3

ensure that potential conflicts are adequately disclosed and are taken into considerationwhen voting on and discussing issues where there may be a conflict of interest.Holding Company, Subsidiaries and AffiliatesThe Company was formed as a Chapter 537 RSMo entity and holding company statutesdo not apply to those entities.Service ProvidersThe Company contracts with third party vendors to provide a variety of services. Theseare summarized here:Corporate Claims Management, Inc. (CCMI)This company provides claimsadministration for all claims except worker's compensation (MIRMA performs thisinternally) and employment practice liability.MIRMA also uses the claimsadministration software, provided by CCMI, for all claims. The Company paid 303,799under this contract during 2016.Transitional Claims Solutions, Inc. This entity provides the claims administrationfunction for all of the Company's employment practice liability claims. MIRMA paid 35,000 for this contract during 2016.St. Louis Series of Lockton Companies, LLC (Lockton)Lockton evaluatesreinsurance programs and assists the Company in obtaining its reinsurance coverages.MIRMA paid 160,000 for this service in 2016.Praetorian Group, Inc. This company provides online safety and other risk reductiontraining courses for MIRMA's membership to use. MIRMA paid 35,440 for thisservice in 2016.Hochschild, Bloom & Company LLP (HBC)audit and was paid 21,560 during 2016.HBC performs the Company's annualTiller Consulting Group, Inc. Tiller Consulting Group, Inc. is the Company's opiningactuary. Claim reserves and expected losses are validated by this firm. The firm alsoevaluates the rates established by the Company for its member assessments. The cost ofthese services for 2016 was 40,781.4

TERRITORY AND PLAN OF OPERATIONMIRMA is licensed by the Department of Insurance, Financial Institutions andProfessional Registration under Chapter 537 RSMo (Risk Management for PublicEntities) and Chapter 287 RSMo (Workers' Compensation). Membership consists of 78municipalities and municipally owned utilities in Missouri. The Company providescoverage to its members under five major categories; General Liability, AutomobileLiability, Property, Crime and Workers' Compensation. Members must take all thecoverages offered in the protection package.The Company requires all municipalities and municipally owned utilities to sign amembership contract as a condition of membership. The membership contractdocuments the responsibilities of the Company and its members. All members alsocomplete a membership questionnaire each year at renewal.Assessments are largely a function of municipalities' payrolls. Adjustments are madebased on property values, loss prevention measures undertaken by the member, the lossexperience of the individual member, and other criteria. Assessment credits may begiven when the Company's income permits.REINSURANCEAssumedThe Company does not assume any business.CededThe Company obtains excess of loss protection from various reinsurers. The limitsshown below are the coverages provided after the Company's retention limits have beenexceeded:General liabilityAutomobile liabilityPublic officials' liabilityPolice professional liabilityWorkers' compensationWorkers' compensation aggregateProperty (including earthquake and flood) 2,500,000 2,500,000 1,500,000 1,500,000Statutory 5,000,000 100,000,000The Company's self-insured retention limits are as follows: 1,000,000 100,000 500,000 1,250,000LiabilityCrimePropertyWorkers' compensation5

FINANCIAL STATEMENTSThe following financial statements, with supporting exhibits, are based on the financialstatements filed by the Company as of June 30, 2016. Any examination adjustments tothe amounts reported in the financial statements and/or comments regarding such aremade in the "Comments on Financial Statements," which follow the financial statements.There may have been additional differences found in the course of this examination,which are not shown in the "Comments on Financial Statements." These differenceswere determined to be immaterial in relation to the financial statements, and thereforewere only communicated to the Company and noted in the workpapers for eachindividual financial statement item.6

BALANCE SHEETAs of June 30, 2016AssetsCertificates of depositDebt securitiesRepurchase agreementsU.S. Treasury notesCashAccrued interestAccounts receivableInsurance recoverableMember assessment receivablePrepaid expensesCapital assetsTotal Assets 1 8214,86529,6716,0191,58 I332,313 46,761,922LiabilitiesClaim reservesReserve for unallocated loss adjustment expensesAccounts payableUnearned member assessmentsAccrued payroll expenseTotal LiabilitiesNet AssetsInvested in cap ital assetsUnrestrictedTotal Net Assets 32,31317,706,04318,038,356Total Liabilities and Net Assets7 46,761,922

INCOME STATEMENTFor Year Ending June 30, 2016Revenues:Member assessmentsMisce]laneous incomeInterest incomeNet increase (decrease) in fair value of investmentsTotal RevenuesExpenses:Claims paid on current lossesEstablished claim reservesAdjustment to prior year's claim reservesExcess insurance and bond premiumsInsurance services:Claims adjustmentBrokerage feeLoss control servicesChange in WUlllocated loss adjustment expensesGeneral and administrativeTaxes and feesRisk management awardsTotal Expenses 12,117,70958,881670,606352,675 13, 199,871 120,3001,8771,433,586377,508171,248 14,009,662( 809,791)Change in Net AssetsRECONCILIATION OF NET ASSETSChanges for Fiscal Years 2012 through 201620122013201420152016Beginning Net AssetsChange in Net Assets 13,577,2342.019.282 15,596,5161.202.191 16,798,707ps9.865) 16,038,8422.809.305 18,848,147{809.791)Ending Net Assets 15,596,516 16,798,707 16,038,842 18,848,147 18,038,3568

EXAMINATION CHANGESThere are no changes in the financiaJ statements as a resuJt of this examination.COMMENTS ON FINANCIAL STATEMENTSThere are no comments on the Company's financial statements.SUBSEQUENT EVENTSThere are no significant subsequent events since the examination date.SUMMARY OF RECOMMENDATIONSThere are no recommendations based on the results of this examination.9

ACKNOWLEDGEMENTThe assistance and cooperation extended by the officers and staff of MissouriIntergovernmental Risk Management Association during the course of this examinationis hereby acknowledged and appreciated.VERIFICATIONState of Missouri)) ssCounty of St. Louis)I, Robert P. Jordan, on my oath swear that to the best of my knowledge and belief theabove examination report is true and accurate and is comprised of only facts appearingupon the books, records or other documents of the Company, it1, agents or other personsexamined or as ascertained from the testimony of its officers or agents or other personsexamined concerning its affairs and such conclusions and recommendations as theexaminers find reasonably warranted from the fac / .JJ-,IMf())l/?/J . ARobert P. Jordan, CFffe'Examiner-in-Chargeof Insurance,MissouriDepartmentFinancial Institutions and ProfessionalRegistrationSworn to and subscribed before meMy commission expires:IO1 I /1qPEGGY A. WILSONNotary Public· Notary SealSTATE OF MISSOURICommissioned for St. Louis CountyMy Commission Eiplres : October 21, 2019Commission# 15422067th:J·sLday of ;r;,Ll/ ,,c}O/ t 1-:T/ """ ---- ·---"'-lM . -'--0 "'------'I Y)N6(iublicSUPERVISIONThe examination process has been monitored and supervised by the undersigned. Theexamination report and supporting workpapers have been reviewed and approved.Compliance with applicable regulations of the Missouri Department of Insurance andstatutes of the State of Missouri has been confirmed. Michael Shadowens, CF Assistant Chief Examiner, St. LouisofInsurance,MissouriDepartmentFinancial Institutions and ProfessionalRegistration10

by such report: ( 1) account for its financial condition and affairs in a manner consistent with the Director's findings and conclusions. So ordered, signed and official seal affixed this /{,-/1\ day of , 2017. Chlora Lindley-Myers, · ctor Department of Insurance, Financial Institutions and Professional Registration