Risk Retention Group (RRG) vs. Property & Casualty (P&C) Insurer

This comparison has been an issue for many builders considering joining a new home warranty program or switching their current carrier. Residential Warranty Company, LLC (RWC) has backed its warranties with a Risk Retention Group (RRG) since 1990. It is our philosophy that warranties insured with a stable RRG will provide our builders and their homeowners with secure and reliable coverage for the entire warranty term.

This philosophy and game plan has been designed and refined based on experience in dealing with both sides of the issue. For years, RWC backed its warranties with P&C coverage. We discovered, first hand, the downside of this type of arrangement. P&C coverage can be extremely volatile both in terms of rates and continuity.

When using a P&C carrier, a warranty company’s rate structure is vulnerable to rate increases derived from losses in totally unrelated industries. For example, the country has seen more than its fair share of both natural disasters and environmental catastrophes. Consider the losses caused by Hurricanes Katrina, Rita, Harvey, and Maria. If a P&C company suffers huge losses in even one of these events, the company’s rating may drop and it may be compelled to raise its insurance rates across all its lines of coverage. The end result is that a builder’s warranty rate goes up even though the warranty company’s loss ratio may be extremely low.

With an RRG, only one type of risk is insured - in this case, that means new home warranties and general liability insurance issued by RWC for our member builders exclusively. Consequently, our rates are based solely on our own loss ratio. If we continue to keep control of claims and continue to stringently screen members for quality, RWC will be able to maintain a sound and economically competitive rate structure. Oil tankers running aground and Category 4/5 Hurricanes will have no effect on the cost of a new home warranty or the strength of the insurance company!

RWC also discovered that P&C carriers are quick to drop blocks of business for a variety of reasons: too little premium generated, changes in corporate strategy, etc. If a P&C insurer chooses not to renew its master policy, the warranty company is left scrambling for a replacement. During RWC’s infancy, we found ourselves in this position all too frequently.

RRG’s are not fly-by-night organizations that are easily formed. Not only are they subject to insurance laws in their own domiciliary state, but they must also fulfill certain criteria before offering insurance in any other state. For example, each RRG must submit a copy of its plan of operation to the insurance commissioner of each state in which it intends to do business. It must also submit a copy of its annual financial statement to each state. Formation involves licensing, ownership and membership requirements. Failure to adhere to the strict mandates can subject groups to claims of unauthorized insurance activity.

We feel our members deserve an insurance structure that is committed to our program for the long haul. Additionally, we want backing that is financially strong enough so that our members can be certain it will be there in 5 years, 10 years and beyond. In terms of stability, security, economy and good old common sense, the move to an RRG was the most obvious and intelligent choice for RWC and our members.

RWC has spent over 35 years building its reputation on superior customer service, competitive rates, effective dispute resolution and clearly defined warranty coverage. Being “builder oriented” is not a marketing gimmick for us but simply the way we do business every day. We concentrate on warranties and general liability for our members exclusively as our sole lines of business.

Consider the value of RRG-backed warranties and GL insurance. If you value stability of coverage and control over rates for long-term protection, you truly only have one good choice...an RWC home warranty and a GL insurance policy backed with one of the strongest insurance plans in the industry*.

*Western Pacific Mutual Insurance Company, a Risk Retention Group has been rated “A- (Excellent)” by A.M. Best since 2001. The RWC Insurance Advantage is insured by carriers rated at least “A- (Excellent)” by A.M. Best.

You know homebuyers. They always have lots of questions. And not only just for you but they want to know about the products you used in their home. Below are many of the questions we get on a regular basis about the warranty you are providing with the homes you build. We just thought you should know in case any of these questions come up in your own conversations with your customers.  If you need more information, don’t hesitate to give us a call.

What is the value of an RWC warranty to my homebuyers?
- An RWC warranty provides insured, written coverage on various items for a specific period of time.
- Third party assistance to resolve customer service issues is available under all of our programs.
- Homeowners receive a clearly written warranty document spelling out exactly what is and is not covered.
- The resale value of your buyer’s home is increased when our warranty is transferred to the next owner.
- Homeowners have assurance that assistance is available if a covered item is defective.
- Builders wishing to use RWC or an Affiliate’s warranty must demonstrate technical competence, financial stability and ethical business dealings with their customers. Knowing that your builder is a member of one of our programs is assurance that these standards have been met or exceeded.
- The average cost to repair a structural failure exceeds $30,000. Having a warranty in place means that covered structural components will be repaired without causing you or your homeowner serious financial hardship.
- There is a greater likelihood of a major structural defect developing in a home than there is a fire which causes major damage. Homeowners probably have insurance to protect against fire damage. Why not be protected from structural failures as well?

What exactly is covered under my warranty?
RWC and Affiliates have over 75 different warranty options. So the answer to this question depends on which warranty was placed on the home. Coverage varies depending on the program selected by the Builder and the state in which the home is located. Refer to the warranty book received at closing for exact coverage and warranty terms.

How does a homeowner start the claims process?
The specific procedures to address a potential defect in a home are spelled out in the warranty book. The homeowner must send written documentation either by email to RWC at warranty.resolution@rwcwarranty.com or via certified mail, return receipt requested in order to initiate this process. We do not accept telephone or fax requests at this time.

What are mediation and arbitration?
RWC knows that, in the majority of cases, the root of many disputes is the lack of communication between a builder and a homeowner. Sometimes, all it takes to get an issue resolved is someone to take on the role of mediator and assist the others in coming to a fair and reasonable agreement, based on the warranty standards provided. Prior to heading to formal arbitration or costly litigation, RWC does its best to mediate disputes between Members and Homeowners.

Arbitration is a formal process conducted by an independent, neutral arbitrator to resolve disputes between two or more parties. In the case of our warranty programs, RWC uses arbitrators experienced in arbitrating residential construction matters. Unless prohibited by law, the decision of the arbitrator under our programs is binding on all parties, including the homeowner as well as the builder.

Your buyer has questions about the paperwork received regarding their home’s enrollment (duplicate book, incorrect information on Application for Warranty, etc). How do they contact RWC?
For questions regarding the Application for Warranty Form or any other Enrollment Paperwork issue, the homeowner may contact our main office at 717-561-4480 or click here and fill out our information request form.

The last couple decades have seen dramatic changes in the relationship between builders and their customers. A generation ago construction defect litigation rarely affected builders. In many jurisdictions, the old legal maxim caveat emptor, or “let the buyer beware”, applied to the sale of new homes. Twenty-first-century American society has turned that principle on its head. A more accurate watchword in these times is caveat builder or “let the builder beware” of litigious homeowners and plaintiffs' attorneys bent on making a lucrative monetary recovery in court for every perceived defect in every new home.

Residential construction litigation has increased in frequency and expense dramatically in the past two decades and exponentially in the past few years. Homeowners recover hundreds of millions of dollars from builders every year, and a typical settlement of a condominium association claim is not measured in thousands of dollars, but in millions of dollars.

A recent study revealed that more than half of all homeowner claims are about actual work performed in the building of the house and not about design, materials or maintenance. These complaints can create logistical headaches for builders and can lead to litigation that is expensive and tends to distract builders from their primary focus of building and selling homes. Express home warranties reduce the work, anxiety, and expense of these kinds of claims by spelling out the rights and remedies of the parties and by providing for arbitration, a quick and relatively inexpensive method for resolving disputes.

Arbitration provisions in express warranties provide that mutually agreed upon, neutral arbitrators hear the evidence from the parties and determine, without passion or prejudice for either side, who owes what to whom. Because most arbitration services have streamlined procedures, and because there are no juries for whom the lawyers must “dramatize” the case, arbitrations often result in less expense and reduced animosity between the parties.

In today's world, there is no reason why builders or homeowners should beware of dealing with each other after the settlement on a new home. If a builder provides his customer with an express warranty administered by a neutral third party, such as a new home builder warranty by RWC, both the builder and the homeowner can enjoy peace of mind because they have a clear and written description of how the home should perform and a quick, fair, and inexpensive process for resolving any disputes that might arise. All of RWC's warranty programs include out effective warranty resolution process which includes mediation and, if needed, formal arbitration.

If you need information on the procedures and/or rates to enroll ALL your building projects (remodeling, commercial, detached garages, condominiums, townhomes, etc.) with RWC to provide yourself with the most warranty protection available, contact your Account Executive at 800-247-1812, Ext 2149.