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Armando Goncalves, DSc/UFRJ Virgilio J.M. Ferreira Filho, DSc/UFRJ, SPE Guilherme Caloba, DSc/Petrobras
Paulo Couto, DSc/UFRJ
The offshore oil and gas industry is continuing
Abstract improving its oil offshore production, taking into account its
The purpose of this paper is to analyze the main risks sedimentary basin areas around the coast. After the severe
that can affect an offshore facility during Exploration and damage that occurred since 1988, the Energy Line insurance
Production activities, which could be a catastrophic event. underwriting tasks became more and more selective and
Besides reliability of design features, other measures should restrictive regarding E&P offshore activities.
be attempted in order to ensure the safety of operational In order to evaluate and to analyze the biggest claims
conditions. in this specific market, including offshore and onshore
Even if these measures are applied, the materialization explorations, we show above the main losses occurred until
of a severe and catastrophic claim could impact the Project 2001 around the world:
cash flow of an Offshore Facility, becoming unfeasible the
progress of its exploration activities.
Enterprise Claims Payment Nature of the peril
In this paper we discuss the role of insurance as an (1000 US Dollars)
alternative to guarantee the project continuity after a long Total France 1.200.000,00 Refinery
period of a Business Interruption generated by a big claim or Petrobras P36 500.000,00 Semi-submersible
the materialization of a natural catastrophe. In order to
Citgo USA 380.000,00 Refinery
simulate the financial impact of a possible in the Project cash
El Paso Aruba 350.000,00 Refinery
flow we use Monte Carlo simulation method. In the chapter 1
we explain the existence of a Business Interruption cover that Conoco Refinery 260.000.00 Refinery
UK
could be bought by Oil companies. Chapter 2 gives a figure of BASF 119.000,00
the main severe accident in upstream and downstream market.
SASOL 104.000,00 Refinery
Chapter 3 describes the main characteristics of a BI cover. In
G.D.M. 100.000,00
the chapter 4 we made a simulation exercise considering the
impact in the cash flow of the Oil company since it has Tosco USA 99.000,00 Refinery
occurred a big BI claim. Chapter 5 shows the results and Citgo USA 85.000,00 Refinery
chapter 6 describe a possible misunderstanding that could Tosco USA 51.000.00 Refinery
arise by the Insured (Oil Company) interpretation of the 2.937.000,00
Total
concept of losses due to business interruption. Table 1. Source: Smith, Terry (February 2002)
Recently, one of the Marsh’s Company Report (3),
1. Introduction presented a picture showing a relation between the majors
The main goal of this paper is to evaluate the decision claims and their timing relating the E&P activities. It represents
of buying an insurance cover for Business Interruption (BI) a total of a 91 severe claims in E&P offshore fields, from 1970
events that could arise from an offshore rig accident caused by to 1999 (categorizing the events by the nature of peril and the
a Material Damaged covered by Energy Policy wordings, equipment type):
during E&P (Exploration and Production) activities. In such Equipment criteria
case, these facilities maintain their production stopped for a
long time , generating extreme financial losses. In contracting of Average Loss1 Percentage
the insurance policy, another difficulty is determining the
Equipment Number
accidents (US$ 1000)
deductible level and the sum assured. The latter point is not an Transport 4 402000 29%
obvious thing because, generally in these accidents the physical
Jacket 10 100000 18%
reserves of oil remain almost in the same level, although the
Production 5 67400 6%
principal loss is the opportunity cost of selling the oil in the
FPSO2 3 53200 3%
present time against selling this production after the facility
replacement. This period could last more than a year and the Drilling 741 40400 30%
delay period could match the market in a hard cycle where the Others 28 28100 14%
Table 2. Claims by type/equipment. Source Marsh (2001)
prices are lower than in an accident time. Facing these features
could be a problematic question and the Contractors managers
should decide what is the sum assured and deductible for the
policy. Thus, after showing these points, they look for a
methodology that could express mathematically the managers’
decision making structure regarding the insurance purchasing By Event
option.
the sum assured will imply in the reduction of the 3.5.1 Main conditions used in the insurance construction for
indemnity; Offshore Rigs
b) Insured: only the participants that have some insurable
Bidino (1995) specifies the main clauses to be used for
interest in the insurance object (rig) can be considered the
construction/ installation services of fixed rigs, mobile units
insured;
and other facilities and equipments, offered by the market. It is
c) Period: it must be clearly mentioned in the policy when it
observed that, for each insurance policy, the clause will suffer
coverage starts and when the same expires. It should be
alterations due to the cover’s scope requested by the Insured,
noted that the date of loss must be precisely characterized.
due to the project’s characteristics, party’s liability and/ or the
If an eventual loss, some times notified well after its
construction and other factors that might increase or lower the
effective date of occurrence or in some occasions after the
risk exposition. In addition, these alterations may have either
end of the contract, occurred or not within the valid period
restrictive character or be destined to increase the insured
of the policy;
object’s coverage.
d) Insured Object: it should detail which activities/
situations are included in the policy. Usually, the insured When receiving the insured’s coverage requested, the
activities are listed within the insured object and the underwriter (the one who makes the risk analysis and selection
situations supported by insurance are foreseen in the and prices them) will request, if necessary, plants and
general, particular and special conditions of this contract; calculations that compose the project to improve the risk’s
e) Premium: as a rule, only the insurer has knowledgement evaluation. In this particular, the underwriter can request an
of the calculations made to determine the premium to engineer expert’s opinion to settle any doubts regarding the
charge the insured. Generally, it is the insured’s project.
responsibility of granting the insured values that can be
If the construction works have already started, the
confirmed or not by the insurer, which will establish their
subscriber can provide an inspection with the purpose of
opinions on information within the risk inspection report,
collecting verified information regarding the considered risk.
also called survey report. This report can contain a study of
damages per type of coverage requested by the insured, Having all data, the underwriter should made the
where the surveyor – based on his own experience, following decisions:
indicates values for a probable maximum Loss (PML) and
for a Maximum Possible Loss (MPL). Following the a) To accept the coverage request according to the
concepts defined in IMIA (2002) we can state: conditions proposed by the insured;
b) To limit the insured object in its coverage or in its
“The PML is an estimate of the maximum loss which could be value, by the application of a deductible or an insured
sustained by the insurers as a result of any occurrence allowance reduction or additional clause reduction to
considered by the underwriter to be within the realms of exclude certain risks;
probability. This ignores such coincidence and catastrophes as c) To decline the whole requested cover.
may be possibilities, but which remain higher improbable.”
The most usual clauses for construction and installation
“The MPL is the largest loss that may be expected services of fixed rigs, mobile units and other facilities and
from a single fire (or other peril when another peril equipments used in the insurances for Oil Risks are:
may be the controlling factor) equal to any given risk
when the most unfavorable circumstances are more 1) Institute Clauses for Builders Risks (01/12/1972)
or less exceptionally combined and when, as a 2) Institute Clauses for Builders Risks (01/06/1988) –
consequence, the fire is unsatisfactorily fought which is an update of the previous clause). It is an
against and therefore is only stopped by impassable all risk policy regarding the work’s damages, where
obstacles or lack of sustenance.” the coverage’s exclusions are well mentioned in the
contract.
f) Losses: in case of loss, the party’s responsibilities, Used material defects in the construction (left out of
including the government authorities, should be given in the project’s technical specifications).
the contract. There are also situations when an insured sum Project error (caused by the company responsible
is insufficient when the proportional clause, is applied – a for the technical project, causing partial or total
similar form used in other patrimonial insurance damages to the construction unit)
businesses; Expenses which are the insured’s responsibility for
g) Guarantees: this is in respect to the main obligations of disassembly, repairing or replacing , after putting
the insured. Any action that alters the insured object or back in the damaged part’s place (the limit for these
brings a bigger risk exposition of the object, should be expenses is the value of replacement of the replaced
previously notified by the insurer/ reinsurer so he can give part).
his approval. If this is not fulfilled, a loss of coverage
might happen; This policy has also a clause covering damages due
h) Solvency: when hiring an insurance policy, the Insured to third party liability, called Protection and Indemnity
must find out who the underwriters are to know their (P&I), including the events of:
technical capacity and their economical stability to pay for a) damages to third parties not guaranteed in the
eventual losses due to events covered by the policy. coverage of the Collision Liability RDC clause –
rigger or operator’s liability due to collision (which
are the risks of collision with another vessel or mobile Retention = . Maximum Limit of Liability .
unit); Total Value of Risk for the coverage
b) expenses or other excluded expenses from the
mentioned item (a), just as damages with the wreckage Whereas: Retention = insurer’s liability
removal.
Cession = reinsurer’s liability
This RDC cover is only offered in the case that a
It is worth to mention that this type of calculation
physical damaged within the scope of the policy has
is used when it is treated as a proportional reinsurance plan
occurred. Having its value limited to the value equivalent to
called Surplus.
the insured allowance for physical damages coverage.
The insurers, in a way of minimizing even more
1) London Offshore Construction and Installation
his losses, can, also, transfer part of the risks due to possible
(LOCC – 85 – 2)
catastrophic events to a reinsurer through the acquisition
Besides covering events due to material damages, this
with the same of a non proportional reinsurance plan,
policy supports the legal liability and war risks;
Excess of Loss. Such plan will limit the indemnity due to
2) Additional coverage for risks that came from the insurer, in case the loss is covered by the policy, in
maintenance activities: multiple value of his capacity (quantity pre established in
This only support work’s damages, which are the the reinsurance contract).
contractor’s liability, contrary to the Builders Risks
Generally, the costs of these type of non
coverage where accidents provoked by third parties are
proportional plans is the percentile over the conceded
insured. The coverage scope includes:
premium (due to the reinsurer), not including the insurer’s
a) Inspection’s maintenance: are the damages caused by profit margin, providing to the cedant an efficient hedge
the constructor when the same returns to works, after against major extension events, which might compromise
the delivery to the operator, to fulfill the contract his financial solvency.
obligations, noticing the repairs executions during the
After this parenthesis, we will go back to the
maintenance period;
subject. The insurance market for offshore operations lived
b) Constructor’s maintenance: includes the same
a prosperous period for more than ten years, from mid 70’s
mentioned damages in item (a). However, such losses
until 1988, year that occurred the total loss of the Piper
are derived from the services execution in the
Alpha Rig, in the North Sea, occasioning losses in the value
construction phase, which coverage will be excluded
of US$ 1,500,000,000.00. This loss completely modified
from damages due to the inspection’s maintenance.
the market’s behavior, going from euphoria to total distrust
regarding these types of risks. The capacity and coverage
3.6 Insurance contracts for Offshore operations scopes were drastically reduced.
(production phase)
Underwriters started to sense the need of a
The operations of offshore unit’s involving high specialization for Oil Risks insurances subscription for
risks value began on the 70’s, in the North Sea in deep offshore rigs, and, also, the urgency for developing methods
waters and adverse environment conditions (according to to control the accumulated values in the same risk.
Sharp, 1994). Due to the lack of acknowledgement and
absence of information regarding experience (losses) for
such structures, the market maintained a conservative 3.6.1 Revision of the main covers applicable to Offshore
position, granting reduced capacity for these types of structures
insurances.
Essentially, there are two applicable covers
The first decade of Exploration and Production to offshore facilities, as to the operational phase (Sharp,
activities were a soft time for insurance business without 1994):
any big claim. The geographic area of E&P activities
concentrated mostly in the North Sea. In the sense of this • For the fixed rigs (steel or concrete), for pipelines and
good experience the insurance market was stimulated in the production facilities located at the deep sea, the
increasing its capacity.,. The accumulated value for only market developed an all risks cover that comes from
one event is the base of the calculation to determine the the London Standard Platform form clause (LSPF);
granting of proportional reinsurance (part correspondent to • For the floating production systems (the FPSO –
the risk’s censurer’s liability). The insurer will retain, as a Floating Production Storage and Offloading types) and
rule, as to the insurance proportional plans, the maximum for auxiliary vessels to the production services (for
percentage of the relationship between his Technical Limit – example the so called shuttle tankers or relief ships –
maximum limit of subscription for only one risk in one oil storage and transport), a tendency of holding them
given department – and the maximum value to the exists according to the conditions stipulated by the
indemnified (MVI). Summarizing, it can be written: Institute Clauses Hull Ports Risks, or rather, these
risks are faced as similar to the affected risks of the
Retention = 100% - Cession Transport and Marine Hull departments.
5
It is important to point out that the insurance industry has covered under the wordings of Material Damage policy.
the basis for these types of covers, either for fixed structures The Business Interruption risks which include Oil and
or for mobile units, the conditions foreseen in the London Gas Exploration and Production (E&P) activities are comprised
Standard Platform Form clause. The quoted, in a last in the Energy line insurance. This Business Insurance Clause
analysis, is originated from the conditions foreseen by the (BIC) is very expensive, turning out its price prohibitive for the
London Standard Drilling Barge Form, joining to these their Oil Companies. As can be certified in the insurance market, a
own characteristics of the operational activities of the Material Damage (MD) coverage including a BIC could be
offshore rigs. acquired for approximately 2,0 % or 2,5 %, which is a very
high and unusual ratio.
This form of coverage is not rigid, having to adjust to
Another option in order to decrease the price is to
each particular insured and the risk’s expositions by him
adopt higher deductibles. Notwithstanding this measure could
faced.
drive the oil company in bad situation since the coverage does
3.6.2 How the Offshore Production facilities are chosen not include a big part of its damages.
and how they affect the Insurance Policy As in the Delay in start Up Clause (DSUC) – which
means an unexpected delay in starting the commercial
To have a very brief idea on the subject, which
operating phase of the platform that is being built - as was
interferes on the type of necessary cover for the offshore
predicted in the contracts, the BIC embraces the perils that
production activities, a list of factors that can influence the
could cause a delay. However, BIC covers accidents that could
type of structure to be chosen is presented below:
cause a loss of earnings after the initial commercial date due a
a) environmental factors; claim covered in the MD insurance policy.
b) water scales; Following the historic costs of this kind of policies
c) reserve size and nature; (MD including a BIC), the price becomes a big obstacle to
d) recovery factor (percentage of oil in place volume contract them. Nevertheless, after the big claims occurred in
that will be economically produced); 1988 (Exxon Valdez accident that causes the production
e) nature and quality of the oil and gas to be extracted; interruption for a long time period, directed the Oil companies
f) oil and gas distribution options; to consider the possibility of buying a BIC. Without insurance,
g) possibility of associating future developments to who could support these economic losses including long-term
operation fields; paralyzations? A loss like that could drive the oil company to
h) economic factors (economic exploration viability of a bankruptcy situation.
certain field. Studying the possibility of the acquisition of a BIC,
Sharp (1994) highlights most important things that have to be
It is worth to mention that the operational risks of the observed:
offshore structures associated with drilling activities are a) The maximum period of time necessary to restart the
typical risks covered in the Marine Transport and Hull production. Commonly the Insurance Companies offer
departments (Sharp, 1994). Even if such risks are not indemnity periods between 12 or 18 months. This time
always covered, we listed the main risks that an offshore of cover could be insufficient to cover all the
facility is exposed to: paralyzation time in cases like Total Loss (TL) of the
structure;
b) The maximum deductible period, measured in days or
a) Environmental Factors months, known as Waiting Period (WP), establishes
• Wind velocity that the BIC will only begin to work after the WP;
• Wave heights c) The determination of the Insurance amount contracted
for BIC. This question does not has an elementary
• Tide velocity
answer once it is very difficult to set a correct amount
• Equipment deterioration due to the sea variation; that will be sufficient to cover all the paralyzation
b) Fire and explosion; costs;
c) Blowout, cratering and fishing; d) To verify if the causing circumstances of the MD
d) Vapor cloud explosion; event costs are comprised in the covered perils of the
e) Collisions; MD policy. If the MD event cause is excluded of the
f) Maintenance and ongoing construction activities; covered perils, no payment is due for the financial loss
g) Construction defects and equipment failure; caused from the BIC.
h) Fatigue and corrosion;
i) Collapse of foundations; 3.7.2 Main Characteristics of the BI policy
j) Political risks; (a) Indemnity basis
It is a hard task to determine the correct amount
3.7 Business Interruption coverage overview sufficient to comprise the economical damages occurred.
However these calculus proceedings are based in the BIC for
3.7.1 Introduction the commercial insurance lines.
It is very important to state that a BI Claim payment is In the case that there is no pattern of wordings for
due only if the peril that caused a production interruption is BIC, the cover scope will vary according to:
e) Insured necessities; considered avoiding possible distortions.
f) Reinsures financial capacity and As in the DSUC, Sharp (1994) affirms that the biggest
g) Reinsurer and Insurers willingness to underwrite such BI time periods results from the big MD claims which include
kind of risks. These risks comprised claims with a total loss events. The average time to build a new facility is
high degree of severity but a small probability of around 3 or 4 years.
occurrence. This fact means that if there is a claim it Nevertheless, in general the insurers and reinsures do
will impact in a bad way the reinsures and insurers not wish to offer an Indemnity period of 3 or 4 years. In the
cash flow for this specific branch. most common situations the adopted period will be 12 or 18
In the past, the basis of the indemnities allowed the months.
insured to get some financial benefit from the insurance once Adversary of the DSUC ordinary works where the
the indemnity amount could overcame the real loss. In order to occurrence probability of a big claim increases as the
avoid such situation, insures started to contract external construction time pass the probability of a MD severe claim
financial auditors to criticize the indemnity values. decreases as the time pass. This figure is justified because the
There are many factors that influence the final calculus of the oil and gas reserves fall down during the production period.
agreed amount due. Therefore, there are many ways to focus
this problem if an oil company wishes to protect its net (c) Scope of cover
financial capacity to generate earnings (the gross value minus Sharp (1994) says that the perils against which the
taxes, tariffs and royalties). However it seems to us that the market is able to offer an insurance cover are similar to those
most proper solution is to make a financial damage agreement embraced in the DSUC:
that should avoid court litigations, although this is not the way “The coverage is similarly geared to perils insured under
to eliminate indemnities distortions. Nevertheless, we consider specific policy forms, in particular the physical damage and
besides the distortions cited above, which is inherent to control of well policies effected on the facility. Insures are
insurance matters, the agreement proceeding is the best way to rarely prepared to include other risks, but may be prepared to
finish this question once is very difficult to calculate the actual include others facilities on which throughput from the insured
damage value. platform are dependant. The market term for such coverage is
Another way to solve this question is to set a Net Contingent Business Interruption which has come under much
Operational Loss (NOL) that would be reimbursed to the sharper focus in recent years following Piper Alpha loss.
insured, since the claim is comprised in the cover scope, limited (d) General exclusions in the BIC
to a maximum indemnity value fixed in the policy. This type of According to the previous item, most of the general
indemnity should take in account costs and expenses that exclusions are comprised in the DSUC. We can list:
should be excluded in a long run stoppage, such as royalties, 1. Insolvency of any part
tariffs, another taxes, transport, oil processing in the rig topside 2. Confiscation or expropriation of land equipment or supplies
in the onshore terminals, Petroleum Tax Revenue, additional 3. The withdrawal of, or no issuance of, the license or permit to
costs and maintenance. This is not an exhaustive list but is very commence commercial production works
complete. 4. Political risks are excluded to the policies for the majority of
Another form of indemnity evaluation is to set a Net insurers and/or reinsures. However there are some
Profit lost per barrel (NPLB) in production activities. Taking specialized reinsures that can offer this cover
into account that it is not a hard task for the oil company to set It is worth to mention that a specific insurance policy
the NPLB, this method is the most preferred for the majority of may contain a particular exclusion applied in a particular facility
the firms. or in a particular offshore field venture.
Another possible solution could be to set the loss
based in the Annual Value of Contract (AVC). This method is 3.8 What happened in the Market after big Katrina Losses?
appropriated when there is a Contract Supply of Oil or Gas
with annual fixed prices. It is important to note that progressively the oil and
Although there are various methods inserted in the gas production is migrating to offshore new discoveries areas.
policies to evaluate the offshore platform BI losses, some In Brazil we have the big Campos Basin that represents more
policies simplify this process assuming a maximum limited for than 80 % of the Brazilian oil production. At the time, some big
extraordinary expenses known in the insurance market as Oil gas reserves have been discovered in Santos Basin. Taking a
Extra Expenses (OEE). This expression means that the cost look in the oil and gas worldwide market some recent
incurred with the loss mitigation objective or with the purpose discoveries in Angola, Nigeria and other offshore basis confirm
to decrease Sue and Labor (SL) costs are considered this trend.
minimization measures. Generally such measures are Keeping these areas productive, in the third world,
comprised in the policy as obligations. implies a fully access to foreign capital in order to make these
offshore zones economic viable. Since each year the E&P water
(b) Indemnity period line increases and consequently the technical background
The Indemnity Period is the time period in days that increases, it will be necessary more and more capital to make
the BIC is valid. After this fixed time, even if the BIC damages these projects possible.
still continuing the insurer or the reinsurer has no liability for Having in mind that nowadays we have around 9,000
such monetary values. platforms around world (Infield, 2005), it is worth to mention
The Indemnity Period will take in account the earnings that more than 3,500 rigs are located in Gulf of Mexico (GoM).
and expenses incurred in the previously years at the same time Regarding this particular offshore area of the USA, let’s
7
(b) Business Interruption (BI) exposure, considering an indem- (a) Hurricane Katrina: US$ 2,1 Billions
nity period of six months: (b) Hurricane Rita: US$ 1,3 Billions
VaR BI daily = 350 x 30,000 x 60 = US$ 630 Millions One of the biggest Reinsurance Brokerage Company
called Willis release a report that state a good figure payments
VaR BI 6 Months = VaR daily x 180 = US$ 113.4 Billions made by reinsures due to Katrina and Rita hurricanes:
Total Annual Revenues (at 12/31/2005) = F = A x (F/A, i, n), amount buying the insurance and will avoid eternal discussions
where with the Insurance Company during loss adjusting process.
A = Monthly payment (Present Principal sum) (US$) Sometimes, financial managers are faced with hard
F = Future sum (US$) market threats and in order to keep the Oil company operating
i = Interest rate (%) the better option is to buy BIC than the risky option of not buy
n = period a BIC and gets a false higher profit.
(F/A, i, n) = Equal-payment-series compound-amount
factor References
We can get (F/A, i, n) from a specific mathematical
1. BIDINO, M.H. Curso de Risco de Petróleo (Brochure),
table. So (F/A, 10 %, 12) = 22.060. Therefore:
Funenseg, Rio de Janeiro,1995.
F2005 = 40,500,000 x 22.060
2. DE LUCCA, M. & LE BLANC, L. ‘Forecast to 2005’ in
F2005 = US$ 893,430,000 (B)
http://www.infield.com/article_offshore.htm
Reminding the assumptions, considering the scenarios
3. MARSH COMPANY. ‘Largest Property Damages Losses in
with loss or without, it is important to note that the physical
the Hydrocarbon-Chemical Industries- A Thirty year Review’.
reserves of oil remain the same. The problem is the delay of
2001, accessed in 2006 at www.marsh.com
production caused by a severe MD which stopped the oil flow.
Nevertheless, we do not have an oil reserves physical loss 4. IMIA Working Group Paper. Possible Maximum Loss
because its reserves will generated the same oil production in a Assessment of Civil Engineering Projects accessed in the site
future moment. The life cycle of the petroleum well do not www.imia.org in 01/20/2007
altered. Since the DOL until the restart date of production,
5. Oil Limited Report 2006 in http://www.oil.bm/ accessed in
there is a gap of production, which could induce the Insured to
09/10/2006
request all Future sum calculate previously. However it is not a
fully right reasoning to consider the BI total claim payment as 6. sEnergy Report 2005 accessed in
the future sum (B). The actual total BI claim amount, http://www.oil.bm/senergy/financials accessed in 20/09/2006
considering all suppositions previously stated, would be the
difference among the Future sum (B) minus Future sum of the 7. SHARP, DAVID W.: Offshore Oil and Gas Insurance.
year 2006 that is: Whiterby, London, 1994
8. SMITH, TERRY B. Presentation in 2002 New Zealand
Monthly Revenues = 30,000 x 30 x 32 = US$ 28,800,000 = A Petroleum Conference, 24-27 February 2002, accessed in
Total Annual Revenues (at 12/31/2006) = F = A x (F/A, i, n), 10/12/2006
Where
(F/A, 8 %, 12) = 19.351. 9. Willis Energy Market Review, May 2006 accessed in
Therefore: www.willis.com