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Book 4 - Appraisal Institute of Canada

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I N S U R A N C E N E W S A N D V I E W SFirst Pr<strong>of</strong>essionalLiability Insurance CompanyToday, we look at the state <strong>of</strong> the <strong>Appraisal</strong> <strong>Institute</strong> <strong>of</strong> <strong>Canada</strong>’sliability insurance program, as it approaches its secondanniversary as a captive insurance company.Brian DuncanAACI, P. App,President <strong>of</strong> the Board, FPLICLFPLICL – two years laterBy Brian Duncan, AACI, P. App, President <strong>of</strong> the Board, FPLICLs we approach the secondanniversary <strong>of</strong> the creation<strong>of</strong> the insurancesubsidiary company <strong>of</strong> the<strong>Institute</strong> named First Pr<strong>of</strong>essionalLiability Insurance Company Limited(FPLICL), it seems appropriate forme, as a President <strong>of</strong> FPLICL, toprovide you with an update <strong>of</strong> theprogress that has been made overthe past two years.As you may be aware, the membership<strong>of</strong> the <strong>Institute</strong> approved thecreation <strong>of</strong> an insurance subsidiarycompany at the May 2005 annualmeeting <strong>of</strong> members. Subsequently,a corporation was created and theassets and liabilities <strong>of</strong> the <strong>Institute</strong>’sPr<strong>of</strong>essional Liability InsuranceProgram (PLIP) were transferred to itin exchange for 100% ownership.The concept <strong>of</strong> establishing aninsurance subsidiary company orinsurance captive is nothing newand has been practiced by for-pr<strong>of</strong>itcorporations, primarily as a means <strong>of</strong>reducing their tax burden. In recentyears, non-pr<strong>of</strong>it organizations,including pr<strong>of</strong>essional associationsthat operate insurance programs onbehalf <strong>of</strong> their members, have alsotaken to establishing insurance subsidiarycompanies for another reason16C a n a d i a nAppraiserVolume 51 • book 4 • 2007EvaluateurC a n a d i e n– to prevent the possibility <strong>of</strong> anyliabilities associated with their insuranceprograms being attached to theparent organization itself.Before the creation <strong>of</strong> FPLICL,the <strong>Institute</strong> was exposed to claimsmade through the insurance program.Although improbable, acatastrophic claim could have compromisedthe very existence <strong>of</strong> theIn addition toprotecting the<strong>Institute</strong>, the insurancesubsidiary, which isa separate corporateentity wholly ownedby AIC, is betterpositioned to seekout and obtain liabilityinsurance on theworld markets.<strong>Institute</strong>, and this is why the insurancesubsidiary was established. Inaddition to protecting the <strong>Institute</strong>,the insurance subsidiary, which isa separate corporate entity whollyowned by AIC, is better positionedto seek out and obtain liabilityinsurance on the world markets.Moreover, the insurance subsidiaryprovides the kind <strong>of</strong> flexibility thatthe old program did not have, withrespect to expanding and enhancingthe insurance program to accommodatespecialty appraisal services,e.g., machinery and equipment valuation,to name but one.FPLICL is domiciled in Barbados,a world centre for insurance captivesand, particularly, Canadian interests.Barbados was chosen over a number<strong>of</strong> other captive jurisdictions worldwide,because it best addressed the<strong>Institute</strong>’s needs for an insurancesubsidiary with low incorporationand overhead costs. The insurancesubsidiary takes its direction from athree-member board, which reportsto AIC, the sole shareholder. FPLICLis managed by a company under contractto it – Amphora Captive InsuranceManagers in Barbados. Claimsmanagement continues to be handledby the former Leonard French &

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