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Preference Claims: Protecting Creditors with Insurance

Preference Claims: Protecting Creditors with Insurance

When a company files for bankruptcy, creditors often face complex challenges, including the risk of preference claims. For businesses extending credit, these claims can be disruptive, jeopardizing their hard-earned payments. Fortunately, trade credit insurance provides a layer of protection that can safeguard your financial stability. 

Here’s what you need to know about preference claims and how trade credit insurance, offered by Securitas Global Risk Solutions, can mitigate the impact. 

 

What Are Preference Claims? 

Preference claims arise when a bankrupt company (the debtor) seeks to recover payments made to creditors during a specific period before filing for bankruptcy—often 90 days for general creditors or up to a year for insiders. The reasoning? These payments might unfairly favor certain creditors over others, reducing the remaining assets available for distribution among all creditors. 

For example, if your business received payment from a customer just weeks before they filed for bankruptcy, you could be at risk of a preference claim. The court may demand repayment, leaving your company exposed to financial loss and uncertainty. 

To better understand the complexities of preference claims, watch the video below: 

This video, presented by Lowenstein Sandler LLP, offers a concise explanation of preference claims and provides practical insights for creditors navigating bankruptcy proceedings. 

 

How Does Credit Insurance Cover It? 

Trade credit insurance is a proactive solution to mitigate the risks associated with preference claims. Here’s how it works: 

1. Nonpayment Protection
If your customer becomes insolvent, trade credit insurance ensures you are compensated for unpaid receivables, protecting your business’s cash flow. Unlike recovering through the bankruptcy process, insurance allows you to avoid lengthy and uncertain legal proceedings.

2. Coverage for Preference Claims
Policies can also cover amounts recovered due to preference claims. When courts demand repayment of funds previously received, a well-structured trade credit insurance policy helps safeguard your business from financial setbacks. 

At Securitas Global Risk Solutions, we specialize in crafting customized policies that address these risks, ensuring your business is protected from the unexpected. As Steiner Law Group notes, preference claims can catch creditors off guard, but trade credit insurance offers a vital safety net.

3. Guidance and Expertise
Beyond financial protection, Securitas Global Risk Solutions offers expertise to help your business navigate complex claims and disputes. Our partnerships with legal professionals ensure you’re equipped to handle challenges efficiently and effectively. 

 

Protecting Your Business with Trade Credit Insurance 

Preference claims can pose significant financial risks, but trade credit insurance provides the protection you need to stay secure. Whether you’re dealing with domestic or international accounts, having the right policy ensures you can focus on growth instead of worrying about potential clawbacks. 

To learn more about protecting your business with trade credit insurance, visit Securitas Global Risk Solutions or contact us directly. Don’t leave your receivables at risk—act today to safeguard your financial future.

Since 2004, Securitas Global Risk Solutions, LLC (“Securitas”) has helped clients develop credit and political risk transfer solutions that provide value on numerous levels. As an independent trade credit and political risk insurance brokerage, Securitas is focused on developing comprehensive solutions that meet the needs of clients, ensuring a complete understanding of policy wording and delivering excellent responsive service.

How Much Does Accounts Receivable Insurance Cost?

How Much Does Accounts Receivable Insurance Cost?

Great question! And one that is asked often. The simple answer is…it depends. However, that’s not too helpful in the context of this post.

Let’s break down the factors that influence how much a credit insurance policy can cost.

Factors

    • Policy structure – Whole turnover, named buyer/key account, single buyer.
    • Policy type – Cancelable limits vs. non-cancelable limits.
    • In general, a spread of risk can reduce the premium rate. When there is adverse selection of the accounts receivable (A/R) to insure, the premium rate tends to be higher.
    • Sales volume committed to the policy – Because the majority of policies are priced based on sales, higher forecasted sales typically result in a better premium rate.
    • Retention or deductibles.
    • Amount of approved credit on the policy.
    • Buyer credit quality – It costs more to insure higher-risk debtors.
    • Policy limit of liability – This can also influence cost.

As with other forms of insurance, the best way to determine the policy cost is to obtain multiple quotes. Through the quotation process, the applicant will gain a better understanding of how credit insurers view the risks they are trying to insure and, ultimately, the premium or cost to insure those debtors. There can be significant differences in quotes.

A starting point is the approved coverage limits. Is the insurer willing to approve the requested credit limits on the applicant’s debtors? If coverage isn’t available due to negative information or capacity issues, the cost is almost immaterial regardless of how low the premium is. Initially, it’s essential to ensure the needed coverage is available. If it is, the next step is to negotiate the terms, including policy cost. Through this process, the applicant can secure the best coverage at the most competitive terms. The credit insurance policy must support the business objectives, including fitting within the cost structure.

Interestingly, the policy cost is almost immaterial if the insured/applicant perceives a high likelihood of debtor default. The first question becomes, “Is coverage available?” However, at that point, it’s probably too late to insure the risk. If the applicant knows the debtor is distressed, the insurers likely know this as well and will decline to quote. A good analogy is trying to buy homeowner’s insurance once your house is on fire.

Key takeaway: A number of factors influence policy premium/cost, including committed sales, policy type, spread of risk, and buyer portfolio credit quality.

There is the direct cost of the policy premium, but less obvious are the overall cost reductions associated with relying on a credit insurer to insure receivables:

    • If they make the wrong credit decision, they pay the claim.
    • Requires fewer internal resources to manage credit, thereby reducing expenses.
    • Credit insurers continually manage credit exposure and actively update credit information, helping insureds avoid credit losses.
    • Potentially reduces reserves for bad debt allowance.

Testimonials

Many companies find that accounts receivable insurance adds measurable value to their operations, not just through financial protection but also through peace of mind. Here’s what some of our clients have to say about their experience:

“The Securitas Global team has been fantastic to work with. Their professionalism and commitment set them apart. We value their advice, and the credit insurance solution they provided has not only protected our operations but has also played a key role in helping us grow our business.  Securitas Global is very responsive and will follow through quickly to match the demands of today’s business environment. Highly recommend their services.”

     –Ed Winter – Senior VP, Finance and Administration, Bachmann Industries, Inc.

“Securitas and credit insurance have allowed us to focus on expanding our business with confidenceThey helped Everchem realize that credit insurance isn’t really a cost, but a way to expand business revenues while reducing the risk associated with bringing on new accountsWe were able to bring new customers with more revenues faster than our old model, all the while mitigating our riskAnd unlike our other insurance policies, credit insurance does pay out in bad situations.”

     –David Patten, CEO & CFO, Everchem LLC

 

Conclusion

The cost of accounts receivable insurance is influenced by multiple factors, such as committed sales, policy type, spread of risk, and buyer portfolio credit quality. However, beyond the direct premium cost, the indirect cost savings often offset the expense of the policy. These savings stem from reduced internal resource requirements, proactive credit risk management, and minimized credit losses. Interestingly, cost becomes almost irrelevant when a credit loss is imminent, as insurers are likely to decline coverage for known risks. This is why most insureds (92%–95%) renew their policies year after year—because of the value these policies add to their businesses.

Since 2004, Securitas Global Risk Solutions, LLC (“Securitas”) has helped clients develop credit and political risk transfer solutions that provide value on numerous levels. As an independent trade credit and political risk insurance brokerage, Securitas is focused on developing comprehensive solutions that meet the needs of clients, ensuring a complete understanding of policy wording and delivering excellent responsive service.

Demystifying Accounts Receivable Insurance in 10 Minutes

Demystifying Accounts Receivable Insurance in 10 Minutes

Accounts Receivable insurance is a straightforward concept.  It’s an insurance policy that renews annually.  Key policy terms include the Insured (seller), the insured products / services, terms of sale, any retention and the buyer credit limits (the seller’s customers).  Unlike other forms of insurance, the policy is actively managed.  The policy changes as the Insured’s sales, buyers and credit limits change.      

How does it work?   

    1. Seller receives sales order from buyer 
    2. Seller establishes credit line on the policy (online policy management) 
    3. Seller extends credit to a buyer and ships the products / provides the service 
    4. The buyer has an inability to pay for products / services
    5. The seller files a claim against their insurance policy
    6. The insurance company pays the insured per the policy terms

That’s it.   Accounts Receivable insurance.   

While AR insurance is gaining traction and utilization, most companies are not aware the insurance is available.  First and foremost, most property & casualty brokers do not inform their customers that the insurance exists.  Secondly, and probably more importantly, companies only seek / research a solution when a customer is not paying them.   At this point, its too late to cover the current loss, but the loss could be so painful the business doesn’t want to suffer a future credit loss, so they implement a policy.    

Key Takeaways: 

    • A/R is often the largest asset on the balance sheet
    • The only asset that is uninsured 
    • The likelihood of loss from non-payment of a receivable is greater than some property damages  
    • Can reduce cost of managing credit and making credit decisions 

A credit loss can have significant impact on P & L.   

For example, a credit loss goes right to the bottom line.  A company with 10% profit margin would have to generate $1M additional sales to compensate for $100K credit loss.     

Additionally, a credit insurance policy may help reduce Bad Debt Allowance.  The following video is very informative: 

Source: Simple Explain via YouTube

Because there is wide variation in policy cost and underwriting results our recommendation is to obtain a number of quotes.  The application process is not difficult.  The application includes forecasted sales, any credit losses, your terms of sale, the products / services being sold and usually your top 20 – 25 customers.   

Since 2004, Securitas Global Risk Solutions, LLC (“Securitas”) has helped clients develop credit and political risk transfer solutions that provide value on numerous levels. As an independent trade credit and political risk insurance brokerage, Securitas is focused on developing comprehensive solutions that meet the needs of clients, ensuring a complete understanding of policy wording and delivering excellent responsive service.

Franchise Group Inc. Bankruptcy and Restructuring

Franchise Group Inc. Bankruptcy and Restructuring

Franchise Group Inc. (FRG), owner of well-known retail brands like Vitamin Shoppe, Pet Supplies Plus, and Buddy’s Home Furnishings, has filed for Chapter 11 bankruptcy. The move follows major financial strains and legal challenges, including mounting debt and issues with key backers like B. Riley Financial. Despite the challenges, FRG plans to keep its core brands running smoothly. 

 

Key Points on FRG’s Bankruptcy: 

Debt Restructuring Agreement 

FRG’s restructuring is backed by a plan with 80% of its senior lenders, who will convert their debt to equity. This debt-equity swap is intended to reduce FRG’s debt load and stabilize operations. 

 

Business Continuity for Core Brands 

FRG’s primary brands—Vitamin Shoppe, Pet Supplies Plus, and Buddy’s Home Furnishings—will continue normal operations. The company secured $250 million in financing, ensuring it can maintain liquidity to pay employees, vendors, and uphold customer programs. 

 

Closure of American Freight Stores 

Due to inflation and economic pressures, FRG will close its American Freight discount stores, starting liquidation sales on November 5. This marks a shift as FRG exits the large durable goods market. 

 

Financial Strain on B. Riley Financial 

Riley, a key financial backer of FRG, holds a 31% stake and supported FRG’s 2023 buyout with $600 million in debt. As a result of FRG’s filing, B. Riley expects a financial loss of up to $475 million, impacting its stock value.

 

Marketing and Sale of FRG Assets 

FRG will conduct a court-supervised process to market its assets, aiming to maximize value for creditors and stakeholders. This will focus on driving growth for brands like Vitamin Shoppe and Pet Supplies Plus. 

 

Future Outlook for FRG and Its Brands 

FRG’s bankruptcy filing and restructuring plan focus on a sustainable future for its core brands, despite significant debt. The reorganization aims to protect value and stabilize the company’s flagship retail brands. FRG’s success will rely on executing this plan effectively and managing debt in a challenging market. 

 

Since 2004, Securitas Global Risk Solutions, LLC (“Securitas”) has helped clients develop credit and political risk transfer solutions that provide value on numerous levels. As an independent trade credit and political risk insurance brokerage, Securitas is focused on developing comprehensive solutions that meet the needs of clients, ensuring a complete understanding of policy wording and delivering excellent responsive service.

Case Study: A Mis-Managed Credit Insurance Policy

Case Study: A Mis-Managed Credit Insurance Policy

Many property & casualty brokers are not familiar with trade credit insurance.  There are a number of reasons for this lack of familiarity – the policy can be a financial decision tied to bank facility, is managed through the finance / credit side of the business, or the policy is viewed as a tool to help facilitate sales.  All typically outside of normal property & casualty focus – and for good reason – trade credit insurance tends to be viewed as a financial decision and not just an insurance policy.   The core of the policy though protects the insured’s accounts receivable’s against non-payment, which can have a major impact on the financial performance and even viability of the business itself.   

Some brokers, recognizing the significance of a potential credit loss, raise the need for credit insurance with their clients.  However, more likely it’s the client when having a payment issue with one of their customers reaching out to their broker asking if there is an insurance solution to protect against buyer non-payment.  Like most insurance, credit insurance is technical in nature and requires thorough understanding of policy terms and requirements, particularly if the broker is recommending a solution to their client.  Many brokers realize these limitations and rely credit insurance experts like Securitas Global Risk Solutions to meet their client’s needs.  Ultimately, they want to make sure their clients have the right policy, coverages and client support.  They want to know their clients are in good hands and treated with the same level of expertise and care as the rest of the insurance portfolio.   This is our focus at Securitas. 

 

Real example of mis-managed credit insurance policy 

 

A number of years ago, a broker contacted us because he was having difficulty settling a credit insurance claim for one of his clients.  He was the broker on the credit insurance policy but didn’t understand the terminology or claim filing timelines.  He had never reviewed the policy with his client and so his client didn’t fully understand the policy either.  This was now a major issue and the client expressed to the broker that the relationship was in jeopardy if the claim wasn’t paid.  As much as we wanted to help the broker, his client hadn’t followed the policy and the insurer rightfully denied the claim.  The client ultimately fired the broker, costing his firm significant revenue over a relatively small claim and small policy compared to the rest of the P&C policies in place.  This situation could have been avoided had the insured understood the policy.      

Quick Takeaways on how we serve the broker community: 

  • We partner with brokers to serve their clients 
  • Gather all information for the application 
  • Complete application and submit to appropriate markets for quotes 
  • Summarize and compare key terms, conditions and coverage limits 
  • Review all quotes with client 
  • Make recommendations based on client feedback 
  • We educate, educate, educate the insured on policy requirements 
  • We work with insured and underwriters to obtain information to support policy credit limits 
  • We advocate on insured’s behalf on all policy matters 
  • We proactively work with insured on all claims and filing requirements 

 

Our policy and service lifecycle starts and ends with client feedback.  From the initial conversation to policy implementation, we strive to understand our client’s credit requirements and financials goals.  We update our servicing plan and the policy itself based on changes in our clients sales projections and revenues, A/R balances, internal processes and procedures and ultimately credit requirements.          

Please feel free to contact us with any questions.  We’d love to be a credit insurance resource and help you serve your clients anyway we can.  

 

Since 2004, Securitas Global Risk Solutions, LLC (“Securitas”) has helped clients develop credit and political risk transfer solutions that provide value on numerous levels. As an independent trade credit and political risk insurance brokerage, Securitas is focused on developing comprehensive solutions that meet the needs of clients, ensuring a complete understanding of policy wording and delivering excellent responsive service.