Beware the palizada: lessor known construction catastrophes

Palizada

We are all familiar with the more common named risks that construction all risk policies may cover on construction sites – such as fires, floods, strikes and “acts of god” – and also with more catastrophic risks that could arise – such as hurricanes, earthquakes and el niño’s – which may constitute a “sudden and unforeseeable” event which attracts cover. However, have you heard of the phenomenon of “palizadas”? If you are underwriting any construction projects on rivers or their banks, especially bridges, you should become familiar with these.

Palizada I hear you say?

First of all, what is a “palizada” in this context? There is no confirmed definition of this term, and we are not referring to a town in Mexico of the same name. The Spanish word “palizada” is best described as “large tree debris” or “pile of driftwood” and it has the potential to gain speed as it travels along rivers and tears down construction projects, such as bridges. In fact, the Mississippi River was once called the “Rio de La Palizada”, which gives us a clue that whilst the term “palizada” is Spanish and is a common problem in the Amazon (especially in Brazil and Bolivia), other rivers around the world also need to consider this risk where there is a history of tree debris choking the river.

Should the policy provide cover?

It all comes back to those key words, was the loss from the palizada “accidental, sudden and unforeseen”? We have been involved in cases where bridges in construction (including temporary bridges) have been torn down and claims for coverage made under the policy. In such cases, the foreseeability of the loss is a question of fact. Whilst there is no reported statistical data on the frequency or severity of palizada related losses to allow policies to manage the risk with the use of return periods, they are a known phenomenon on certain rivers and as such we would suggest that they are most often foreseeable risks even although by their nature the accumulation of the debris is random and unpredictable.

In one such case in Bolivia, there were several key factors which demonstrated that the loss of the bridge was foreseeable:

  • It had happened only months before on a section of the river close to   where this loss occurred and was known to the insured.
  • The construction proposals referred to the risk of palizadas.
  • The insured (a foreign contractor) had been informed by locals to take extra precautions with construction during the wet season when the risk of palizada was at its peak (the original schedule tried to accommodate this but with delays they pushed on in the wet season only to lose the structure to a palizada).
  • The insured had opted to use a cleaning system in an attempt to avoid the risk of damage but could not support their justification for this method and had failed to operate an early warning system.

Is it damage or is it defective design?

Whilst there is no specific mention of allowance for the load effects of palizadas in design codes dealing with bridge designs (AASHTO, Bolivian Codes, Eurocodes) more consideration needs to be given to the design of the structures being built:

  • The width between piles needs to be sufficient
  • The trestles need to be designed for the possible loads
  • The height of the structure
  • Whether barges can be used in lieu of temporary bridge structures.

As such, consideration as to whether the design failed to address the risk and might be excluded to some extent where the policy contains design exclusions is required.

Final food for thought

These catastrophes pose an interesting question on how underwriters need well informed engineers/construction experts to determine how the projects are being undertaken before underwriting the risk; and this applies to any construction project. We recognise that this can be a commercial challenge as the time given to insurers to assess the risk can be very limited when considering the volume of construction proposals. Furthermore, insurers may want to consider more monitoring of construction projects to ensure that their risks are not being increased by the method of construction used.

In all cases we have seen, there was a lack of consideration of this local phenomenon – perhaps due to foreign contractors, unfamiliar with the location of the project, and attempting to apply methods that worked for them elsewhere and/or cost cutting exercises – and the design did not consider the risk, especially when temporary structures were considered. In Latin America in particular, it raises the important question of the extent to which professional indemnity insurance needs to be more prevalent in the region and might capture these losses where a construction all risks policy may not.

By Anna Weiss, Head of Construction for Latin America and Caribbean at Kennedys CMK. anna.weiss@kennedyscmk.com

 

 

 

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Upcoming Women in (Re)insurance networking event in Miami

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Day 3 pictures. 2018 Miami Latin American Claims (Re)Insurance Forum

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Day 2 pictures. 2018 Miami Latin American Claims (Re)Insurance Forum

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Day 1 pictures. 2018 Miami Latin American Claims (Re)Insurance Forum

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Welcome cocktail photos: 2018 Miami Latin American Claims (Re)Insurance Forum

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ADVANTA will Inaugurate the Discussion on Recurrent Problems during the 2017 Hurricane Season

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José Miguel Varela

The topics associated with the 2017 natural catastrophes will draw the attention of the 4th Edition of the Miami Latin American Claims (Re) Insurance Forum, to be held from June 11 to 14, 2018.  2017 was a year of intense activity for the Insurance industry due to the multiple occurrence of hurricanes, earthquakes, and forest fires that took place worldwide.  In the particular case of the Caribbean basin and the Gulf of Mexico, five major catastrophic events battered the region in the span of four weeks, resulting in an unprecedented challenge for the industry and for the areas impacted.  These events tested the solvency of the insurers and the capabilities of service providers, especially those dedicated to handling claims.

 

The various round tables of this year’s Forum will emphasize the importance of reliable contingency plans for insurers, brokers, consultants and adjusters. The discussion will be propitious for the participants to share the lessons learned in situations that were extraordinary and challenging.  One of the most interesting aspects will be a discussion entitled “Recurring Property Problems after HIM (HARVEY & IRMA & MARIA)”, which will take place on Wednesday, June 13, 2018, and in which José Miguel Varela, ADVANTA’s Regional Director of LATAM and the Caribbean, will offer an insightful perspective from an International Loss Adjuster.

The experiences shared by different Reinsurers and by loss adjusters such as ADVANTA will provide the attendees with an opportunity to discuss strategies to be implemented in future scenarios of this nature, which, due to climatic changes are expected to occur with increased frequency.  Likewise, attendees will be able to express their points of view regarding the regulatory framework of the different territories and the advantages and disadvantages that they identified in the massive NATCAT events of the past year. Moreover, the Forum discussion will highlight how international insurance programs have worked and provide insight on how multiple insurance acted simultaneously.

The Miami Latin American Claims (Re) Insurance Forum 2018 has become the key event for the insurance industry in the region, a platform where the most relevant actors meet to discuss their opinions and exchange experiences from increasingly complex and challenging operations.  Within the framework of this event, ADVANTA will present the group’s latest developments in the regional such as the opening its new office in Colombia and consolidation of its network of associates with the recent inclusion of Panama and Chile.

ADVANTA’s Regional Office of LATAM and the Caribbean, based in Miami, has continued to experience constant growth, adding new professionals to its team of consultants in response to the demands of the insurance market and confidence they have vested in ADVANTA’s delivery of service and performance.

In the fields of construction and energy, ADVANTA Miami has adjusters who are accredited by IMIA (International Association of Engineering Insurers), IRMI (International Risk Management Institute), GARP (Global Association of Risk Professionals) and is affiliated with OILPERA (Oil, Petrochemical and Energy Risks Association), among other renowned institutions in the industry.

José Miguel Varela, is a Petroleum Engineer with specialization in Reservoir Engineering, and an MBA with concentrations in Corporate Finance and Global Business. José Miguel focuses on claims related to oil & gas, petrochemicals, power generation, as well as business interruption and liability.  Jose Miguel oversees the Miami Office and provides valuable support to our associates and offices within Latin America, predominantly in the Caribbean and Central America.

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