What are the insurance issues impacting those in the final mile? And how can carriers manage risk?
“Thinking Outside the Box” recently interviewed Bryan Paulozzi, Vice President, Risk Strategies, part of the Brown & Brown team, to get his take on the industry today and tomorrow. Bryan and his team at Risk Strategies have been involved in risk management and insurance for those in the supply chain for over two decades.
What are some of the unique risks those in the final-mile are facing?
A lot of it is related to their use of 1099s. There are some unique risks when it comes to this sector’s use of subcontractors. These drivers are using their own vehicles to do deliveries. That’s a challenge because insurance company underwriters do not easily understand this model.
Things become even more challenging when carriers use a combination of employee and 1099 drivers. They have a fleet of vehicles that presents its own risk profile. Those hybrid risks really become challenging when it comes to insurance. Suppose we have a courier company with 20 box trucks and vans on the road, and they have 1099 drivers operating under the same authority. In that case, few insurance carriers understand and are willing to cover them.
Traditional insurance players like Allstate or Travelers don’t want to underwrite these types of risks. So when we’re working with companies like those involved with the CLDA, we often have to go into the specialty market to find coverage.
We’ve heard a lot about the changes in the marketplace, especially with the growth of e-commerce and rising consumer expectations. How have those expectations had an impact on the insurance and the risk management end of things?
Ever since COVID, the visibility of the services of those in the last-mile industry has put a spotlight on this sector of the supply chain. They are now on the radar for insurance carriers. Insurance underwriters have become more aware and attuned to it. And they are pulling back. They don’t want to deal with the unique risks in this sector. That’s tightening the underwriting market from that capacity.
In addition, if you look at how the model’s been built, using 1099 drivers who use their own cars or vans, and pickup trucks, that’s a problem. They have been using their personal auto insurance. Uber and Lyft have really shone a light on people who moonlight with their vehicles to deliver passengers and packages. We refer to that as the “uberization” of the industry. That’s not what personal auto insurance was intended to cover. If these drivers cause an auto accident, it’s questionable whether their personal auto insurance will respond to the claim. When that happens, claimants are looking to the dispatching courier company for restitution, sometimes even bypassing the 1099 driver altogether.
Furthermore, personal auto insurance carriers have gotten wiser when it comes to claims. One of the first questions they ask is “Were you making a delivery when you had this accident?” More and more, these claims are making their way up to the courier company. This is creating one of the biggest challenges facing this industry in terms of non-asset exposure is finding non-owned and hired auto insurance or contingent auto liability that insures their risk at an acceptable price for the courier company.
How about the impact of technology? How has that affected insurance and risk management for last-mile providers?
Technology is good when utilized appropriately. Often, companies have telematics, dash cams, or face cameras. These are excellent when it comes to creating a proper risk management structure for a company’s driver network. When they use the data they collect appropriately and follow through on what it tells them, these can be great tools. They help companies make sure the drivers they use are doing their jobs safely. And when this technology pinpoints a problem, smart companies work with the drivers to correct any issues.
On the other hand, those who have the technology but fail to utilize the data could face issues when a claim is made. If the technology shows unsafe behavior and a claimant’s attorney gets hold of it, that could be a problem.
What is the biggest misconception last-mile companies have about risk management?
Their most significant area of exposure is the use of independent contract drivers. Due to the sensitivity surrounding the IC model, many believe they cannot impose constraints on their drivers’ behavior regarding safety. However, just because they’re 1099s, it doesn’t mean there can’t be some form of enforcement when drivers engage in unsafe behavior. If companies notice that a 1099 is underperforming, based on the tracking mechanisms they have in place, they should take action. And if the driver continues the behavior, it’s the carrier’s prerogative as a business owner to say, “I’m no longer going to give you my work.” They have the right to choose who they work with, and they certainly want to contract with good performers.
The other misconception is around work injury coverage. That’s often something that’s overlooked for 1099 drivers. I can’t tell you how many times we’ll hear from customers that it’s not their problem if a driver gets hurt on the job. “Work injury is something they handle on their own; they are not our employees,” they tell us. But that’s not necessarily true, because anyone can sue anyone for anything. And if that 1099 does get hurt while hauling a load for you, he has the potential to try to sue you for workers’ comp as an employee. Often, this gets overlooked because courier companies think, “I only worry about my W-2s and I’ve got a workers’ comp policy to cover them.” However, there have been instances where 1099s have pursued the carrier company’s workers’ comp coverage, which can become a significant issue.
What can a carrier do to control risk?
When you talk about risk management, the most crucial thing is driver hiring practices. You’ve got to have the appropriate driver hiring practices in place.
You have a driver grading system. You have to follow through on that. I suggest you pull these reports more frequently than in prior years. That’s the first part of having a process in place to put good drivers on the road.
The next part is tackling the whole concept of the use of personal auto insurance. Understand that when you’re using 1099s who are relying on their personal auto insurance, your company is bringing yourself one step closer to the fire in the event of a loss. There’s a commercial insurance product that’s been around for 20 years that can help here. It’s called While Under Dispatch auto insurance. It provides an additional layer of coverage. Basically, it’s commercial auto insurance for 1099 drivers, covering them while they’re on dispatch. Once the driver accepts work from the company, they are covered by dispatch insurance in the event of an auto accident. I believe couriers will often find themselves in situations where this is necessary at the driver level to help create insurability for them at the corporate level. Many hired/non-owned auto insurers who are willing to underwrite courier companies are growing less fond of the whole personal auto exposure. I think over the next 12 to 24 months, we’re going to see more use of this kind of coverage. I’d advise all courier companies to start looking at this because I can foresee a time when the carriers will require something like this to secure commercial coverage of the operation.
It sounds like the environment keeps changing. How does a carrier make sure they are keeping up with those changes?
You need to work with an insurance agent who’s experienced in this arena. Last-mile carriers are unique. There are only a handful of insurance brokers in the country who know how to handle these operations.
You want to work with an agent who will be your advocate. At Risk Strategies, we’ve been specializing in this industry for the last 20+ years. It’s all we do. So we know the questions these business people have. We know how to help them wade through a 30-page application to help them further understand their business needs. No one operation is the same. So, as brokers, we need to ask a lot of questions. We know when to push for more information. We understand how to deal with the unique issues around 1099 drivers. We understand the idiosyncrasies of also having a fleet of your own vehicles. Or what kind of work injury coverage you should have. These are unique things that pose their own type of exposure. If you’re not working with someone who can have an informed conversation with the underwriter at the insurance company, it could become a problem when the coverage is needed.
The dialogue you have with a broker is the key. If you find yourself in a situation where you’re not getting those kinds of questions from your broker, you should ask yourself why. You need to interview the broker on these issues, not just about getting you the best price. What you perceive as a “better price” may, in reality, mean you’re buying less coverage. So make sure you work with a broker who can explain those trade-offs.
What I’m hearing you say is that the courier should look for a long-term relationship with the broker; one that’s more of an advisory one than a vendor one.
Yes. The best customers I have are the ones that are the most engaged. We have customers who bring us RFPs for new business, allowing us to review the risks with them before they consider taking the business. They say, “We’re thinking about getting into this line of work. What does that mean, exposure-wise, for us? There’s a trusted relationship that goes deeper than just providing them with a certificate of insurance.
When we have that type of relationship with a carrier, the pricing issue starts to dissolve. That doesn’t mean we’re not price-conscious. We have to be. But it means that ultimately we’re a member of their team. Last-mile providers need a trusted advisor, much like they would have an attorney and a tax accountant.
Given how long you’ve been involved in the industry, what are you projecting for these couriers looking forward to? What’s the environment going to be like? How are things going to change in the next three to five years?
What we’re going to see is more of a push towards a different model. The issue surrounding the use of 1099s and personal auto insurance coverage is going to come to a head. I expect those 1099s will have to carry commercial auto insurance or while under dispatch auto. As a result, courier companies could be seen less as licensed motor carriers and more like freight brokers. And, if they’re seen as having a broker carrier relationship with their 1099s, that could also help with the whole misclassification issue.
Another issue that I expect to gain prominence is the growing trend on the cyber front. This has really taken off since COVID. Because the supply chain network is so transactional, it’s been targeted by cyber criminals more than ever before. Hackers are effectively infiltrating delivery companies’ systems. They are intercepting emails. They’re redirecting ACH funds for payment to different bank accounts. They’re showing up at terminals and directing freight to a specific part of the parking lot where there’s no surveillance. And they’re having their guys loaded up with unmarked vehicles. This type of stuff is happening because the demand on the supply chain is so high. The transactional nature of this business is so fast.
We’re seeing way more cargo theft. It’s higher than it’s ever been before. So, I think that ultimately, the courier company will need to do more to protect themselves from these exposures. I think you’ll see cargo underwriters mandating warranties and implementing safety mechanisms when it comes to offering cargo insurance protecting against these issues.
Clearly, this is a complex issue. I know you’ll be doing a CLDA webinar on Sept. 10. Tell us about that.
The webinar will focus on the challenging environment we face in the insurance sector, discussing a myriad of coverage issues unique to this space while educating attendees on what to look for when shopping for their coverage. We will discuss ways to select a broker and outline some of the key questions to consider. It’s important because ultimately, if people don’t understand what they’re buying, they’ll potentially have gaps when there’s a loss.
If people have questions about this topic, how can they get in touch with you?
They can reach me directly at 440-260-1058, or via email at bpaulozzi@risk-strategies.com.
