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Insurance Marketplace Realities 2023 Spring Update

Signs of cautious optimism in the insurance market

April 28, 2023

Searching for an elegant way to summarize the trajectory of the insurance industry over the last quarter has been a somewhat frustrating effort, so I will settle, instead, for some very practical language. It’s been a mixed bag.

The long curve, the larger trend, is bending in a positive direction for buyers.

Big news in the first quarter of 2023 was the failure of Silicon Valley Bank (SVB) in early March and the demise of several other major global financial institutions. At the Zywave Advisen Casualty Conference a few days after SVB, I sat with Russ Johnston, president of Nationwide Commercial Lines, on a View From the Top panel where he described our economy as being in the longest telegraphed recession in history. While perhaps said in jest, the statement certainly feels directionally accurate. The interest rate environment has impacted all and has far-reaching implications in a cash-heavy industry like insurance.

That said, the financial markets remain strong, and unemployment is still low. While what 2023 will bring to our economy remains predictably uncertain, our insurance market is, for the most part, telegraphing positive signs for our buyers.

Leading the way is directors & officers insurance. The strong financial market in the last few years has mitigated claims activity, and insurance carriers are aggressively pursuing market share, which is helping drive down pricing at rates unseen in more than a decade. Even the cyber marketplace has new capacity pursuing growth, and while just a short period ago one could expect 50% (or more) rate increases on their programs, we’re now seeing those same programs renew with flat rates. Related, our experts have seen an uptick in ransomware activity in the last month, and should that trend continue, the market could be quick to respond.

The property and casualty market, however, appears to be in a state of unsettled disagreement, as it continues to be a tale of haves and have-nots.

Extreme weather of all kinds strikes in places where we haven’t seen it before— and in places we’ve seen it all too often.

Starting with the “have-nots,” it is a list of one – property insurance – and what they don’t have is CAT capacity. As the industry ushered in the new year all eyes were on January 1 property reinsurance renewals. While Hurricane Ian’s recorded record high $68 billion in insured losses had minimal impact on the commercial retail insurance market, it did have a profound impact on the reinsurers. Beginning in October reinsurers proclaimed a hard market, and January 1 arrived with higher premiums, bigger retentions and limited capacity for CAT coverage. This position has drawn the retail property market into a hard market, and many CAT-exposed risks are finding it difficult to fill out their programs. There are signs that reinsurance capacity may be more abundant come July, which would help ease the voracity of the hard property market.

On the flip side, one would have to go back to 2018 to see casualty capacity at levels higher than today, though deployment of that capacity has changed. Carriers are successfully ventilating their limits, and perhaps this strategy, along with some regulatory reform (e.g., Florida HB 837), could be enough to support long-term stability for this line.

So many ups and downs impacting the industry — you can understand my initial struggle in finding the right words to describe our current position. At the end of the day, we find ourselves in a cautiously optimistic “wait and see” position relative to several factors that can significantly influence outcomes for our industry. But while we’re waiting, let’s enjoy the positive trends that are forming outside of property insurance and make the most of the favorable conditions while we can.

Let’s also not forget that we’ve been through all this before. WTW has been helping clients work through difficult and uncertain times for decades, and we bring perspective that will help collectively move us through the challenges of today toward a brighter tomorrow.

Here are some highlights from our spring 2023 predictions:

  • General liability

    • Rate prediction: -3 % to +5%
    • Liberal class action certification & a highly organized plaintiffs’ bar
    • Desensitized jury pools & uncertainty around litigation in post-pandemic world
    • Those with exposures materially impacted by inflation may find more flexible rate outcomes
  • Property

    • Rate prediction: Challenged occupancies: +25% to +40%; Non-challenged occupancies: +10% to +20%
    • Pressure to obtain higher returns for deployment of catastrophe capacity/aggregate will drive premium increases for insureds while inflationary pressure, reinsurance optimization and persistent scrutiny on valuation of assets remain.
  • Automobile liability

    • Rate prediction: +5% to +10%
    • 2021 AL segment combined ratio is estimated at 101.3
    • NHTSA puts the fatality rate for 2021 at 42,915 up 10.5% from 38,829 in 2020
    • Large auto verdicts: 300% increase over seven years in trucking claims
    • Distracted driving
  • Workers’ compensation

    • Rate prediction: -5% to +2%
    • Profitable combined ratio for eight years straight
    • Opioid addiction
    • Aging workforce
    • Medical wage inflation
    • Medical technology advancements increasing treatment costs to reducing mortality
  • Umbrella liability

    • Rate prediction: High hazard/challenged class: Flat to +15%; Low/moderate hazard: Flat to +7.5%
    • After the peak in 2020/21, pricing adequacy has attracted greater global capacity
    • Risk-specific (two-tiered) underwriting remains, with high hazard risks or lower attachment points yielding worse outcomes
    • Uptick in frequency of punitive awards
  • Excess liability

    • Rate prediction: High hazard/challenged class: Flat to +5%; Low/moderate hazard: -5 to +5%
    • Even with improving capacity, the industry still faces the impact of nuclear verdicts, catastrophic liability losses and the expansion of litigation funding
    • A return at looking at pricing rate relativity between layers has emerged.
  • Cyber

    • Rate prediction: Flat to 10%
    • Market stabilization is continuing in 2023. This is largely due to fewer companies paying ransoms, a reduction in overall cyber claim activity, and improved controls by insureds.
  • D&O

    • Rate prediction: Public company – primary: -10% to flat%; Public company - excess: -10% to -15%; Private, not for profit – overall: -15% to -10%
    • Abundance of capacity and a stabilized securities litigation environment continue to drive competitive market dynamics.
    • Broader market conditions have improved since the peak of the hard market in Q3 2020.
    • Moderation has been significant and is expected to continue through the remainder of 2023.
  • Terrorism and political violence

    • Rate prediction: Terrorism and sabotage: +15% to +40%; Political violence: +25% to +45%
    • Current political/economic conditions and conflicts around the globe are helping drive up pricing for terrorism and political violence insurance.
    • The crisis in Ukraine, the latest and most significant potential loss to the terrorism and political violence to the terrorism and political violence market in years, has ushered in changes mandated by treaty reinsurers.
    • The deployment of captive insurance vehicles continues to provide access to otherwise unavailable or uncompetitive capacity for terrorism risk.
  • Surety

    • Rate prediction: Flat
    • 2023 will be a challenging year for the surety industry, as the global economic growth slows down due to high inflation and tightening financial conditions,
    • The collapse of Silicon Valley Bank (SVB) may have a global ripple effect.
    • The talent shortage in surety lingers; however, it is driving hiring and training not experienced in the industry for decades.

For more insight on how you can prepare for a challenging marketplace, contact your local WTW representative.


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Disclaimer

Willis Towers Watson hopes you found the general information provided in this publication informative and helpful. The information contained herein is not intended to constitute legal or other professional advice and should not be relied upon in lieu of consultation with your own legal advisors. In the event you would like more information regarding your insurance coverage, please do not hesitate to reach out to us. In North America, Willis Towers Watson offers insurance products through licensed entities, including Willis Towers Watson Northeast, Inc. (in the United States) and Willis Canada Inc. (in Canada).

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Contact

Jon Drummond

Head of Broking, North America