How Discretionary Mutuals Can Cut Corporate Insurance Costs

Advantages of Discretionary Mutuals Over Higher Excesses and Self-Insurance

Last Wednesday, David Gudopp had the opportunity to present at the WFAA (Waste Facilities and Asset Association) event, where he discussed a critical issue affecting many industries, particularly waste management: the inefficiencies baked into traditional insurance models and how to entities can cut corporate insurance costs.

In this article, David examines how traditional insurance premium structures – loaded with taxes, broker fees, and insurer profit margins – can result in less than half of the cost being available to pay claims.

When analysing the breakdown of insurance premium expenditure, several concerning elements emerge.

With Insurance Premium Tax (IPT) currently adding 12% to the cost of cover, broker fees and commissions often accounting for another 20%, and insurers targeting a 20% profit margin to satisfy third-party shareholders, we find that less than half of the premium paid is available to cover potential claims.

For industries that regularly interact with insurers due to higher claims activity, this makes for a very inefficient structure when the cost of cover is constructed.

As the illustrative ratios show, for every £1 received in claims, businesses are required to pay £2 in premiums.

How A Mutual Helps to Cut Corporate Insurance Costs
  • Income paid into a Discretionary Mutual (in lieu of premiums) does not attract IPT, immediately saving 12% on the cost of coverage.
  • With the mutual being owned and controlled by its members, members typically choose to deal directly with it, eliminating broker costs.
  • The mutual typically sets its pricing at break-even with the objective not to generate profits but to provide cost-effective risk transfer – rather than including a profit margin for external shareholders.

The full value of every £1 being paid into and retained by the mutual is therefore fully available to pay claims (with operating costs being a constant in both environments).

Discretionary Mutuals’ Additional Benefits:

Unlike traditional insurance models, where premiums are subject to multiple layers of fees and taxes, a Discretionary Mutual offers a more streamlined and member-focused alternative:

  • Discretionary Mutuals are domiciled onshore here in the UK, ensuring compliance with UK laws and regulations
  • They have a solvency requirement – often met through ongoing revenue – rather than needing upfront capital reserves, making them more accessible for organizations.
  • Surpluses generated within the mutual do not attract corporation tax – more of the funds are retained within the mutual for the benefit of its members.
  • When a mutual needs to offer higher levels of cover than member contributions can generate, it can be blended with traditional insurance in a Hybrid Discretionary Mutual.
  • Discretionary Mutuals can be used in sectors and industries to pool and harness the collective buying power of its members. Alternatively, they can be used within a corporate group, where two or more separate legal entities can come together to form the membership (operating as an alternative or complementary partner to an insurance captive).
  • The regulatory environment of the Discretionary Mutual is defined by the Companies Act and common law rather than the more rigid requirements of the FCA and PRA, providing members significant regulatory relief and enhanced operational flexibility.

Discretionary Mutuals have been a feature of the UK risk transfer marketplace since the 1800’s, their position being well understood and defined.

Over the past decade, new mutuals have been launched in diverse sectors, from the emergency services (FRIC) to the cryptocurrency industry (Nexus Mutual), proving that they remain versatile and effective solutions.

For sectors like waste management, where claims frequency and costs can quickly add up, the efficiencies and advantages of Discretionary Mutuals offer a compelling alternative to traditional insurance models. By eliminating unnecessary costs and providing a structure that is owned by and exists for the benefit of its members, Discretionary Mutuals are a solution well worth considering.

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Prospect is a multi-disciplinary practice with specialist expertise in the energy and environmental sectors with particular experience in the low carbon energy sector. The firm is made up of lawyers, engineers, insurance and risk management specialists, and finance experts.

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