Category Archives: Insurance and liability

‘Bad neighbor’ State Farm had at least $30B invested in fossil fuels when it abandoned CA homeowners and climate victims

Like a bad neighbor, State Farm is gone from California

An oil rig silhouetted by a golden sunset.

San Francisco Chronicle, by David Arkush and Carly Fabian, July 12, 2023

State Farm’s decision to stop providing new homeowners insurance policies in California is an indicator of the growing damage caused by climate change. As climate-driven disasters lead to higher losses, insurers like State Farm will raise prices and cut back coverage or even flee.

Far from neutral victims, though, insurers are profiting from both sides of this crisis. They collect premiums and investment profits from fossil fuels while extracting ever more from consumers whom they plan to abandon.

To be clear, there is no question that climate change is disrupting insurance markets. The rising frequency and severity of disasters are driving up the cost of insurance and destroying some insurance markets entirely by rendering areas “uninsurable.”

But there’s more going on here than a simple story of climate disasters disrupting the math of insurance.

The root cause of the climate crisis is the rampant burning of fossil fuels. Insurers are critical gatekeepers for the fossil fuel industry, providing the insurance that allows companies to operate. As experts in evaluating risk and extreme weather, insurers knew about climate change early on. But in their pursuit of short-term profits, they didn’t stop underwriting fossil fuels.

Many are still underwriting the most reckless and dangerous parts of that sector, like the expansion of fossil fuels. Some insurers, largely in Europe, have begun restricting their underwriting of fossil fuels, but U.S. insurers are dragging their feet, even as they increasingly abandon homeowners.

Insurers also invest heavily in fossil fuels, unconscionably using their customers’ premiums to profit from businesses that will destroy their homes and, in some cases, even kill them while driving up insurance costs and making many areas uninsurable.

State Farm is a prime example of insurers’ hypocrisy. Rather than suffering financially in California, the company has made substantial profits in the state in recent years, along with other homeowner insurers whose profits in California have been four times the national average, even after accounting for major wildfires. At the same time, the latest data shows State Farm alone had $30 billion invested in fossil fuels and the industry overall had over $500 billion.

The crisis has also been a boon for industry lobbyists who have seized it as an opportunity to bully states and bilk customers. When State Farm announced its decision to stop offering new California homeowners’ policies, the industry’s primary lobbying group, the American Property Casualty Insurance Association, claimed insurers must be allowed to use secret models to set profitable rates. The industry has long wanted those models because they make it harder to catch insurers overcharging for policies. Rather than work on a transparent approach to modeling climate impacts, the industry is pushing a consumer protection rollback it has sought for decades.

The industry playbook appears to be this: Profit as long as possible from fossil fuels. Stick customers with not just direct climate harms, but also higher premiums, while delayingdenying and low-balling claims. Bully regulators for giveaways. Then leave.

Some neighbors. 

Although the industry isn’t putting forward serious solutions, there are steps insurance regulators and legislators can take. In an emergency, the first step is to stop the harm. California can start by requiring insurers to align their underwriting and investments with science-based climate targets to stop insurers from contributing to this crisis.

Regulators can also explore transparent solutions for pricing climate-related risk and consider developing public solutions to provide reinsurance, which is essentially insurance for insurance companies. Public reinsurance programs would facilitate reimbursements for claims above a high dollar amount to insurers that expand their coverage, allocating risks in a way that creates stability for insurers and a stronger safety net for the public.

As insurers leave vulnerable areas, and unregulated reinsurance prices soar, a public backstop for the highest losses would provide more certainty for insurers who want to offer coverage in vulnerable areas while creating a stronger safety net for consumers.

After each disaster and withdrawal, industry trade groups will push for their wish list — with no promise to stay, even if they get everything on it. It’s time for the public and regulators to advance real solutions.

David Arkush is the director and Carly Fabian is the policy advocate for Public Citizen’s Climate Program.

[Note from BenIndy Contributor Nathalie Christian: The sections bolded above reflect my added emphasis.]

Quick links: Summary of recent oil train news

By Roger Straw, August 5, 2016
Lawmakers are considering a bill to mandate disclosures on oil trains in New Jersey. (NewsWorks file photo)
Lawmakers are considering a bill to mandate disclosures on oil trains in New Jersey. (NewsWorks file photo)

Personal events and local volunteer activities have kept me from my usual rounds of collecting and posting daily news stories on crude by rail, high hazard flammable trains and the transition to a clean energy economy.

So … here is a LONG but brief listing of important and/or interesting links to keep you up on the news:

Oil Train Insurance: Washington State and the Billion Dollar Disaster

Repost from STAND

Oil Train Insurance: Washington State and the Billion Dollar Disaster

By Alex Ramel, extreme oil campaign field director, March 28, 2016
WA Dept of Ecology

Washington is now one of only two states that requires railroads to disclose whether they have sufficient insurance to cover a “reasonable worst case spill.” This is a step in the right direction. But the new rule falls far short of requiring enough insurance to cover a catastrophic oil train derailment, spill and explosion.

The new State rule requires that any major rail company operating in Washington — today, only BNSF — report whether they have sufficient financial resources or insurance to cover the costs of an oil train spill of around $700 million (smaller railroads have smaller requirements). That’s better than nothing, which is what most states have. But it’s not nearly enough.

The deadly Lac Megantic oil train disaster cost more than $1 billion (see page 98 in the federal regulations) and the cost of rebuilding is more like $2.7 billion. As terrible as the Lac Megantic disaster was, and it was a heartbreaking catastrophe, a worst case oil train disaster in Washington could be even much worse.

Washington State’s failure to require railroads to pay the full and true cost of doing business in Washington is an even greater concern if it becomes a precedent in other states. The confusing, undefined phrase “reasonable worst case” appears to have already been copied into a proposed bill in the New York State Assembly.

The federal Pipeline and Hazardous Materials Safety Administration suggested that a disaster inside a major city could cost $12.6 billion (see page 110). What could a $12 billion derailment look like? BNSF runs oil trains within 20 yards of Safeco Field in downtown Seattle during Mariners games when fans are in the stands.

Insurance monetizes risk, assigning a direct cost to risky behavior and assigning financial value to safety. What would your homeowners insurance company do if you wanted to unload oil tanker trucks in your driveway? They would raise your rates (astronomically) or cancel your policy. Railroads, which operate without requirements to carry adequate insurance, make decisions about assuming risk without an important financial feedback loop. If railroads had to be properly insured for the risk to life, property, and the environment from oil trains, there would be far fewer or zero oil trains.

Last year BNSF was fined for 14 spills and leaks and for failing to report problems along the track in Washington. The summer before that three oil tank cars tipped over in downtown Seattle. Over the last two years four BNSF oil trains have derailed and either spilled or exploded in Casselton, ND, Galena, IL, Heimdal, ND, and Culbertson, MT. Under usual circumstances a safety record like that should lead to a very awkward conversation with an insurance agent. And an already expensive, high-risk policy should get even more expensive. But BNSF doesn’t seem to carry enough insurance to cover the real cost of an oil train disaster, and they don’t seem to care.

BNSF has already intimated that they don’t think that the state should be able to require insurance, and it is likely that the company will challenge the rule. The railroad wants the cost of insurance and the calculation of possible damages kept off of their books. That means that in addition to living with the risk, the public is also asked to shoulder the cost. That’s the most unreasonable proposition yet.

WALL STREET JOURNAL: The New Oil-Storage Space: Railcars

Repost from the Wall Street Journal

The New Oil-Storage Space: Railcars

U.S. market is so oversupplied with oil that traders are experimenting with a new place for storing excess crude
By Nicole Friedman and Bob Tita, Feb. 28, 2016 9:09 p.m. ET
Rail tanker cars sat on tracks at the Red River Supply Inc. rail yard in Williston, N.D., in February 2015.
Rail tanker cars sat on tracks at the Red River Supply Inc. rail yard in Williston, N.D., in February 2015. PHOTO: DANIEL ACKER/BLOOMBERG NEWS

The U.S. is so awash in crude oil that traders are experimenting with new places to store it: empty railcars.

Thousands of railcars ordered up to transport oil are now sitting idle because current ultralow crude prices have made shipping by train unprofitable. Meanwhile, traditional storage tanks are running out of room as U.S. oil inventories swell to their highest level since the 1930s.

Some industry participants are calling the new practice “rolling storage”—a landlocked spin on the “floating storage” producers use to hold crude on giant oil tankers when inventories run high.

The combination of cheap oil and surplus railcars has created a budding new side business for traders. J.P. Fjeld-Hansen, a managing director for trading company Musket Corp., tested using railcars for storage last year and found he could profit by putting the oil aside while locking in a higher price to deliver it in a later month.

The company built a rail terminal in Windsor, Colo., in 2012 to load oil shipments during a boom in U.S. oil production. Now, Mr. Fjeld-Hansen says, “The focus has shifted from a loading terminal to an oil-storage and railcar-storage business.”

Energy Midstream, a trading company based in The Woodlands, Texas, stored an ultralight oil known as condensate on Ohio railcars last month for about 15 days before shipping it to a buyer in Canada.

Dennis Hoskins, a managing partner at Energy Midstream, says there are so many unused tank cars that he is constantly hearing from railcar owners hoping to put them to use. “We get offers everyday for railcars,” he said.

The use of railcars for storage could be limited by the cost of track space and safety and liability concerns that have followed a string of high-profile transport accidents. Issues range from leaky cars to the risk of collisions and fires.

Federal regulations require railroads that store cars loaded with hazardous materials like oil to comply with strict storage and security measures to keep the cars away from daily rail traffic. Railroads and users face responsibility for leaks, collisions or other mishaps.

“I don’t want the liability,” said Judy Petry, president of Oklahoma rail operator Farmrail System Inc. “We prefer not to hold a loaded car.”

Still, the oil has to go somewhere. The surge in shale-oil production has created a massive glut that the industry is struggling to absorb. BP PLC Chief Executive Bob Dudley joked in a speech this month that by midyear, “every storage tank and swimming pool in the world will be filled with oil.”

Khory Ramage, president of Ironhorse Permian Basin LLC, which operates a rail terminal in Artesia, N.M., said he hears regularly from traders looking to store crude in his railcars.

Crude-storage costs “have been accelerating, just due to the demand for it and less room,” he said. “You’ll probably start seeing this kick up more and more.”

U.S. crude inventories rose above 500 million barrels in late January for the first time since 1930, according to the Energy Information Administration.

The cheapest form of storage—underground salt caverns—can cost 25 cents a barrel each month, while storing crude on railcars costs about 50 cents a barrel and floating storage can cost 75 cents or more. The cost estimates don’t include loading and transportation.

Railcars hold between 500 and 700 barrels of oil, less than a cavern, tank or ship can store.

The use of U.S. railcars to transport large volumes of oil picked up steam a few years ago as a byproduct of the fracking boom. Fields sprung up faster than pipelines could be laid, so producers improvised and shipped their output to market by rail. Companies soon realized railroads offered greater flexibility to transfer oil to whomever offered the best price. Some pipeline companies even joined the rail business, building terminals to load and unload oil. U.S. oil settled Friday at $32.78 a barrel, down nearly 70% from mid-2014.

The plunge in oil prices brought that activity to a halt. Analysts estimate there are now as many as 20,000 tank cars—about one-third of the North American fleet for hauling oil—parked out of the way in storage yards or along unused stretches of tracks in rural areas.

Producers and shippers who signed long-term leases for the cars during the boom are stuck paying monthly rates that typically run $1,500 to $1,700 per car. Traders can pay those prices and still profit. Oil bought at the April price and sold through the futures market for delivery a year later could net a trader $8.07 a barrel, not including storage or transportation costs.

As central storage hubs fill up, oil companies are more willing to pay for expensive and remote types of storage, said Ernie Barsamian, principal of the Tank Tiger, which keeps a database of companies looking to buy and sell oil storage space.

The Tank Tiger posted an inquiry Wednesday on behalf of a client seeking 75,000 barrels of crude-oil storage or space to park 100 to 120 railcars loaded with crude.

Mr. Barsamian likened the disappearance of available storage to a coloring book where nearly all the white space has been filled in.

“You’re getting closer to the edges,” he said.