A Tribute to former President and CEO Byron Treves

In the years that followed, the Ontario government introduced legislation requiring compulsory PLI, for all professionals. In the interests of both the public and the profession, architects viewed this as a positive move, but the negative consequences soon became apparent. With the “liability crisis” of 1984, insurance providers withdrew from the market, leaving a sole provider, with the opportunity and willingness to charge whatever premiums it deemed appropriate, and to deny insurance to any practices that it chose to. In essence, an insurance company, and not the OAA, would, from then on, have the privilege and responsibility of deciding who could practise architecture in Ontario.

Byron recognized the vulnerability of a self-insured liability program, and spearheaded the transformation of the Indemnity Plan to Pro-Demnity Insurance Company, a limited liability corporation, at arm’s length from the OAA, protecting the Association and individual Ontario practices from potential catastrophic losses, for which all members could have been liable.

In January 2003, the Pro-Demnity Insurance Company was born, with Byron as President and CEO.

Seventeen years later, the OAA is still the shareholder of an insurance company dedicated to our interests and governed by the Insurance Act: a for-profit corporation operating on a not-for-profit basis for the mandatory plan that, under Byron’s guidance, guarantees coverage to every practice, on the same basis, while keeping premiums at a manageable level.

The importance of Byron’s exceptionally high standing with underwriters at Lloyd’s, the world’s leading specialist insurance market, cannot be overstated. In April 2005, building on this relationship, Pro-Demnity was tribunalised2 by Lloyd’s of London for coverholder status.

The distinction of coverholder status, with a binding authority, allows Pro-Demnity to issue PLI policies, through a licensed insurance broker, on behalf of certain Lloyd’s syndicates, to entities and persons engaged in the construction industry, including, of course, architects. It also allows Pro-Demnity to provide Ontario practices with limits of liability above that offered by its increased limits reinsurance program, currently up to $10,250,000 per claim.

Without any doubt, Pro-Demnity’s coverholder status combined with Byron’s recognized skill, experience and credibility with Lloyd’s, allowed him to pursue his vision to broaden and improve the coverage available to Ontario architects, enhance the insurance company’s revenue, and improve its ability to address extraordinary losses, for the benefit and protection of all – the public, Ontario architects and the Association. This has resulted in coverage for Ontario architects, not available elsewhere from the insurance market, that is the envy of knowledgeable practices across Canada and the USA. As recently as this year, Pro-Demnity’s status allowed it to achieve its premium objectives, in an extremely hard market, avoiding the sizeable premium increases of many other insurers.

Under Byron’s direction, Pro-Demnity’s services now include a growing educational program and a practice advice service that helps individual architects assess risks in their own practices. Whenever the opportunity has arisen, he has been quick to point out that Pro-Demnity’s mission is to serve architects…not the insurance business.

“Through Byron’s vigilance, astute management and strategic alliance with Lloyd’s of London, our self-insurance program has grown in resources to such an extent that most members can now get all their required coverage from our own insurance plan.”
– Blandford Gates, B.Arch., OAA, FRAIC

“The decision to change the structure of the Indemnity Plan into Pro-Demnity Insurance was part of Byron’s concern that architects and the OAA be protected against any possibility of an unexpected catastrophic claim that might impact the Association.”
– James W. Farrow, OAA, OAQ, FRAIC

A quarter-century ago, an event occurred that has mostly faded from the profession’s collective memory, but demonstrates Byron’s deep dedication to architects. In 1994, an unanticipated leadership vacuum at the OAA led to Byron’s (somewhat reluctantly) assuming the temporary position. So, for six months in 1994, Byron juggled the roles of Indemnity Plan General Manager, OAA Executive Director and OAA Chief Operating Officer. Byron’s understanding of the profession, finances and management granted the OAA sufficient time to recruit and appoint a suitable new Executive Director.

During the course of his 34 years, Byron Treves has been a director, a mentor, a fount of information and experience, and a leader through some perilous times. Having guided the Plan and the

Company through many difficult years and controversial decisions, Byron’s unswerving dedication to the interests of Ontario architects delivered in his exceedingly low-keyed but determined manner, has provided us with legal and insurance protection that is the envy of other professions, and our architect colleagues throughout North America.

In retirement, Byron plans to focus on his hobbies of reading, cross-country skiing and, hopefully writing a book. He will be greatly missed by Pro-Demnity staff and consultants, and by OAA members, wherever in the world they may practice. But the professional program he started will continue to grow and expand, and build on Byron’s exemplary service
to architects.

Notes:
Quotations are taken from Byron’s 2011 nomination for Honorary OAA Membership. “Agents [or entities] who are given the power to bind business on behalf of Lloyd’s are called coverholders. The process of becoming a coverholder is (sometimes) referred to as tribunalisation.”
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