2022 PC Market Outlook
2022 PC Market Outlook
2022 PC Market Outlook
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© 2022 USI Insurance Services. All rights reserved.
TABLE OF
CONTENT S
Casualty 09 Construction 37
International 15 Healthcare 39
Environmental 17 Public Entity & Higher Education 41
Aviation 20 Agriculture 44
USI Contributors 49
W ith 2022 underway, we are pleased to see an influx of new insurance carriers that have
helped expand overall capacity in the insurance market. Legacy markets, which have
been deploying capital and surplus to compete for new business in certain lines of coverage,
Cyber: Ransomware attacks continued to plague the cyber insurance market
throughout the second half of 2021. To mitigate their losses, insurance companies
are tightening the terms and availability of certain cyber coverages, especially for
are also increasing capacity. organizations that cannot demonstrate strong cyber risk controls and overall cyber
hygiene. We saw a surge in insurers’ probes into information security controls and
With the gradual market stabilization, some insureds should begin to see relief in 2022, as practices, which severely impacted buyers’ coverage when deemed “less optimal.” For
we discuss in more detail throughout this publication. Organizations that work closely with year-end 2021, network security and privacy (cyber) insurance rates increased 40% to
their brokers to improve their quality of risk will differentiate themselves to the insurance 50% for optimal risks, and 50% to 100%+ for less optimal risks (year over year). Good
marketplace and position themselves to receive favorable outcomes. cyber hygiene is critical to securing insurance quotes and limits.
Some insurance buyers, including ones in certain geographic areas, industries, and other Directors & officers (D&O): The overall public company D&O marketplace
risk categories, are exceptions to these positive trends and will continue to face enormous continued to stabilize due to a significant decrease in federal securities class actions
challenges. The supply chain crisis is expected to persist through 2022 as well, impacting (SCAs) in 2021 and the emergence of new capacity targeting excess layers of coverage.
virtually all organizations. It’s critically important for With some exceptions, moderate increases are the norm. Premium
organizations to leverage the best expertise and strategic and retention increases moderated for private company/not-for-profit
resources available to evaluate and improve their risk We saw a surge in insurers’ (NFP) D&O as well.
profiles. probes into information
Other lines of executive and professional insurance: The impact
In this Market Outlook, we take an in-depth look at major security controls and practices, of excessive-fee litigation dominated the fiduciary liability insurance
industries and discuss the most impactful trends in all which severely impacted conversation in 2021, and many insureds saw double-digit percentage
insurance lines. buyers’ coverage when increases in premiums in the second half of the year. For employment
Property: While market dynamics are still volatile for deemed ‘less optimal.’” practices liability (EPL), pricing increases moderated late in 2021, and
challenged geographic areas, we are seeing the market single-digit increases were achievable in the absence of a poor claims
stabilize overall — and this benefits commercial history or a major increase in exposure.
insurance buyers that maintain quality risks with strong data to back them up. While we continue to see costs increase in some coverage lines, the overall stabilization
General Liability: General and products liability rates, while increasing quarter
and improved capacity across the insurance market are reasons for optimism. As
over quarter, will be less severe than other casualty lines. We anticipate rates to increase noted in this market forecast, we anticipate that rates will flatten or even decrease for
between 5% and 10%, with a growing number of insureds experiencing flat to 5% some lines of coverage in 2022. Organizations that take advantage of the “How USI
increases as the year progresses. Can Help” sections in this report will be in the best position to capitalize on insurance
market opportunities going forward.
Auto: Commercial automobile liability coverage rates are starting to flatten out, due to
the reappearance of insurers that have been dormant, along with the entrance of new We wish you success and a happy new year!
telematics and usage-based insurers.
Excess: Umbrella/excess insurance continues to be the most adversely impacted Robert Meyers
casualty coverage line. The umbrella/excess market also continues to exhibit selective Senior Vice President,
deployment of capacity per individual insured. Property & Casualty Leader
USI Insurance Services
Workers’ Compensation: In most states, this line of insurance continues to perform
well for many insureds. The impact of COVID-19 claims has been far less than
anticipated, even in states that have enacted presumptive liability.
CASUALTY
Primary General/Product Liability Up 10% to 20% Up 5% to 15%
Primary Auto Liability w/Fleet Less Than 200 & Good Loss History Flat to up 5%*^ Flat to up 5% *^
Primary Auto Liability w/Fleet Less Than 200 & Poor Loss History Up 20% to 30%+^ Up 20% to 30% +^
Primary Auto Liability w/Fleets in Excess of 200 Flat to up 5%*^ Flat to up 5% *^
Umbrella & Excess Liability (Risk Management) Up 25% to 50%+*** Up 10% to 35%+***
INTERNATIONAL
International Liability Flat Flat
Environmental Contractors’ Pollution 10% reduction to flat 10% reduction to inflationary increase
Wildfire USI’s Response - Property owners should know their flood zone and applicable flood
limits before a loss occurs. USI works closely with our clients to triangulate flood
Exposure - Securing capacity for wildfire is extremely challenging in the current zones and recommend appropriate flood limits for areas that could be susceptible to a
property market. In recent years, we have seen numerous large wildfire events impact flood event. In addition, we work with our partner carriers to ensure that coverage and
western states, resulting in billions of dollars of insured damage. Many markets are deductibles remain unchanged if flood zones change during the policy period.
withdrawing from offering fire capacity in areas with high wildfire risk scores. Those
carriers that remain have severely reduced wildfire capacity and significantly increased
pricing for the exposure capacity in exposed regions. Carriers have responded with Challenged Occupancies
drastically reduced capacity offerings, increased rates, and increased deductibles for
named storms. Habitational
The frequency and severity of losses persist for habitational risks. In our Mid-Year 2021
USI’s Response - To determine actual exposures, USI accesses various data points to Market Outlook, we discussed Winter Storm Uri, a deep freeze event that struck Texas
verify wildfire risk scores and will also conduct modeling. To improve risk quality and surrounding states in February. Habitational accounts sustained very large losses
and make a positive impact on carrier interest, our Risk Control team works with because of the storm, which are contributing to an already poor overall loss history. The
clients on hardscaping strategies, brush-control impact, and roof cleaning and habitational occupancy faces continued capacity issues, as many accounts are based in
maintenance measures. challenging geographic areas. Those contending with fire and water damage losses will
see increasing pressure on rates and deductibles.
Wind/Hail
Exposure - According to the National Weather Service, the U.S. has experienced nearly USI’s Response - To secure capacity, it is necessary to clearly communicate risk qualities
10 significant severe thunderstorm outbreaks in each of the past three years. Carriers after a loss has occurred, so that carriers will understand the actions taken by the
continue to manage rooftop aggregate amounts in exposed geographies. In addition, property owner to prevent similar events in the future. Carriers need to understand
percentage deductible levels often equal full roof replacement, providing limited or no current and future capital expenditure plans and how those plans can improve overall
coverage for a hail event. As events have become more widespread, many geographies risk quality. Additionally, a well-thought-out tenant education program can positively
will be included in the higher deductible application. impact a carrier’s view of the property owner’s risk.
Wood Products
USI’s Response - USI can help property owners understand their modeled risk and
deductible application. Deductible buydown options are available to reduce the As large fire events prompt carriers to exit the market, this occupancy tends to be
financial impact of a large event and high deductible. USI’s Risk Control team can unfairly categorized and treated as if all risks are the same. Quality risk features like
provide a cost/benefit analysis related to the repair or replacement of a roof. fire protection, accurate construction details, and operational control information can
impact the differentiation of risk and improve carrier appetite.
USI’s Response - Our risk control resources are well-versed in the food industry How USI Can Help
(much like they are in the woodworking industry), and in the application of
procedures and protection features that can dramatically improve the risk for carriers. As the hard market moderates, buyers must work closely with their brokers to
Conveying a strong story around risk mitigation strategies and risk control tactics accurately determine their exposures, doing so analytically, and accurately portray and
allows us to introduce carriers that may not have otherwise considered a food communicate their quality of risk.
manufacturing operation. Our goal is to help our clients secure the most capital-efficient property renewal by:
Recycling Ensuring they have an audience with key property carriers.
When fires occur, this loss-leading industry also contributes to large environmental Maximizing the engagement and impact of risk control and our analytical tools.
losses. The industry is challenged by the age of facilities and limited protection features,
and geography exposures can make this a very difficult class for carriers. Single carrier Exploring options to create or access captive capacity.
solutions remain quite limited and therefore drive costs upward when a shared and Exploring parametric structures for high-risk areas.
layered structure is required.
Establishing and agreeing to the expected timing for their renewal.
USI’s Response - Risk differentiation is imperative for the recycling industry.
Communicating effective safety, protection, and operational controls to carriers allows For additional information, contact your USI representative or email us at
for an improved outcome. We recommend risk control engagement to gather and [email protected].
assess needed information, and to make risk improvement suggestions, which are then
conveyed to carriers that review specific locations.
Alternative Structures
Following the market increases and impact of higher deductibles, many clients
are interested in alternative ways to deal with this hard property market. Most
Workers’ compensation continues to perform well for many insureds in most states, For general/products and umbrella/excess liability lines, an increasing number of
and the combined ratio remains below 90%. The short-term impact of presumptive insureds will experience less severe renewal rate increases and potentially some flat
liability for COVID-19 claims was not nearly as high as expected, and the longer-term renewals, which will be a welcome result after years of costly rate increases. Selective
impact is expected to be muted as more workers are vaccinated and a work-from-home competition for premium dollars should continue to emerge and further stabilize
environment remains common for a greater number of employees. the market. However, we do not project an environment where flat renewals or rate
reductions are more common until at least early-to-mid 2023.
For guaranteed cost buyers, we have seen a competitive premium environment with
mid-single-digit reductions depending on the state and classification of business. Primary General & Products Liability
In certain higher cost states, we are seeing rate increases upwards of 5% to 10%. For
clients on loss-sensitive programs, the majority experienced flat renewals as rates have The magnitude of general and products liability rates, while increasing quarter over
bottomed out for many buyers. quarter, will be less severe than other casualty lines. Some of this is attributed to
insureds assuming more risk through higher deductibles or self-insured retention
In circumstances where clients are experiencing greater loss severity or where clients (SIR), while a good portion is due to rate adequacy being achieved for many insureds,
have a real need for premium savings, the market is reacting with a need for increased with exceptions for certain classes of business in perceived hazardous industries or
retention levels. An increasing number of markets are looking to package workers’ risks with a prior loss history. We anticipate rates to increase between 5% and
compensation with the liability lines when writing coverage, and many insurers refuse 10%, with a growing number of insureds experiencing flat to 5% increases as the
to write liability-only without adding workers’ compensation. year progresses.
The impact of COVID-19 claims on workers’ compensation has been far less than The cost/benefit analysis of paid loss deductible programs, self-insurance, group
anticipated, and these claims are not likely to have as material an impact on rates as captives, and other types of loss-sensitive programs should be evaluated thoroughly.
expected, even in states that have enacted presumptive liability. Per the NCCI, 75% of Insureds currently on a loss-sensitive program must consider assuming more losses
workers’-compensation-related COVID-19 claims are from healthcare workers and through higher retentions and vertical quota sharing layers of a tower.
other first responders. Additionally, the NCCI reported that over 45,000 workers filed
COVID-related claims in 2020, totaling $260 million in incurred losses. However,
most of these claims were very small and involved workers who were out of work for
only a few days or weeks.
Workers’ compensation continues to perform
well for many insureds in most states.”
*https://www.ncci.com/Articles/Pages/Insights-COVID-19-WorkersComp-What-We-Know-Now.aspx
How USI
Monitor COVID-19-related workers’ compensation claims closely, and ensure applicable local, state, and federal health and
safety guidelines are being followed in the workplace to strengthen any rebuttable positions.
Can Help
Leverage proper loss and financial analytics to determine if a loss-sensitive program structure makes sense, as well as the
capacity of insureds to assume risk at various retention levels.
Ensure that payroll by classification codes is accurate, adjusted and monitored accordingly for repurposed employees,
employees working remotely, and/or for employers whose operations have changed. Accordingly, maintain separate payroll
records for the change in operations or the wages earned for employees whose duties/roles have changed.
Educate underwriters about any changes to the promotion of wellness and activities that protect workers from occupational
injury, as well as any changes made to claims-handling initiatives that may reduce claim duration.
Since state and federal regulation of gig workers varies significantly, clients should monitor the current and future utilization of
independent contractors continuously. This will help determine the impact on the workers’ compensation program structure,
costs, and losses should statutory law change to classify gig workers as employees and not independent contractors.
USI’s risk advisors take these vital steps when working with commercial automobile liability clients:
Preparing early for renewal, developing a plan of action, and dialoguing with both incumbent and new markets at least 150 days in advance.
Developing a quality underwriting submission that best expresses the risk characteristics of insureds.
Taking inventory of telematics tools and other safety initiatives insureds have invested in to reduce risk exposure and improve driving
behavior. This includes GPS and speed monitoring systems, interior and exterior cameras, and other technological loss prevention tools.
Reviewing applicable compliance, safety, and accountability (CSA) scores and taking corrective actions (i.e., motor carrier operations). The
CSA score, which is used to rate motor carriers in various categories such as unsafe driving, crash indicator, hours-of-service compliance, and
driver fitness, is a key underwriting consideration used by insurers to assess a company’s risk profile and determine coverage rates.
Determining early in the process the minimum underlying limits that umbrella markets are willing to attach above, and working with the
primary insurers or buffer markets accordingly.
Updating driver lists and safety protocols, providing complete analytics on loss history and exposure, and providing a data-rich submission
with clear underwriting goals from the clients’ perspective.
Reviewing alternative program structures to ensure the current structures are the most optimal from cashflow, retention level, cost, and
collateral perspectives.
For additional information, contact your USI representative or email us at [email protected].
Product Line Year-End 2021 Forecast 2022 elected to work remotely outside of their assigned country of work may find they
(YOY) (First Half) are not provided coverage for a work-related injury, because some insurers define
International Liability Flat Flat U.S. expatriates and TCNs as employees “hired or assigned” by their employer to
International Property, CAT Exposure Up 25% Up 25%
work outside of their country of hire.
International Property, Non-CAT Exposure Flat Flat Insurance carriers are still including communicable disease exclusions in their
foreign casualty and property coverages. These exclusions apply to local policies
View our Historical Rate Index charts in addition to master “difference in conditions” (DIC) policies. They are not only
being applied to certain classes of business, but have become standard in policy
Since the publication of our 2021 Mid-Year Market Outlook, the market remains forms. We have been successful in removing these exclusions in some cases.
impacted by the pandemic, social/civil commotion, and economic pressures. This Carriers are still requiring insureds to provide documentation related to their
instability has pervaded the market even though capacity remains abundant. With COVID-19 mitigation strategy.
interest rates expected to remain low, insurers are looking to maintain the rate increases
gained in 2020 and 2021 to keep premiums at current levels, while retaining profitable In countries where workers’ compensation is provided through a governmental
business and moving away from riskier exposures in 2022. social scheme, we have seen no change. The schemes continue to address sickness
and death related to COVID-19, as they would any other infectious disease.
Continued Impacts of COVID-19: Since travel is still somewhat restricted because of the pandemic, it has been
difficult for clients renewing coverage to estimate their foreign travel exposure.
Foreign voluntary workers’ compensation (FVWC) remains the most There is some good news, however, in that insurers are still willing to make foreign
noteworthy coverage for the highest probability to pay claims. It is generally package policies non-auditable.
accepted that working from home will not impact available coverage for local
nationals, U.S. expatriates, or third country nationals (TCN). Employees who have
USI facilitates its global risk assessment process for multinational companies by working with clients to review their international exposures and determine the best
international program structure that works within their risk management strategy. USI has found that by moving to a centralized master program, clients can achieve
overall premium savings, have concurrency and consistency of coverage, and eliminate coverage redundancy and potential gaps. We do this by:
Preparing early for renewal, developing a plan of action, and dialoguing with both incumbent and new markets at least 150 days in advance.
Reviewing alternative program structures to ensure the current structures are the most optimal from primary layer limit, cashflow, retention level, cost, and collateral
perspectives.
Utilizing our market connections at the highest level. This helps secure the best terms and conditions available in the market while also providing complete and clear
exposure information to showcase a full picture of the risk. Given the current market, this includes additional trip/travel information, COPE data on international
locations and COVID-19 safety protocols.
Reviewing and confirming that all necessary admitted (local) insurances are purchased in alignment with local regulations while also partnering with umbrella
coverages to eliminate duplication of coverage.
Engaging continually with USI’s Preferred Broker network of international broker partners to understand changes in local coverages, requirements, and laws related
to insurance that could impact their ongoing operations. In addition, we suggest quarterly check-ins to get ahead of any new expansions into a new country/risk.
Continually tracking international total cost of risk(TCOR), which allows clients to manage their TCOR on a global and local basis.
*https://www.nj.gov/dep/ej/docs/furthering-the-promise.pdf
**https://www.nj.gov/governor/news/news/562020/20200918a.shtml
Year-End 2021 Forecast 2022 In the first quarter of 2022, a new carrier will be entering the aviation insurance market.
Product Line (YOY) (First Half) This is expected to bring new capacity into the marketplace and will likely result in
Aviation Up 15% to 25% Up 10% to 20%
a more competitive environment among underwriting companies. There are also
signs that existing carriers are looking to expand their offerings and appetite. The
View our Historical Rate Index charts
combination of a new market entrant and the potential expansion by existing markets
should help alleviate the capacity shortcomings experienced since 2018.
Insurance buyers should keep in mind that aviation insurers and reinsurers are seeking
consistent profitable returns from their aviation portfolios. There is a strong shared
Highlights/Changes Since Second Quarter 2021 desire across the industry to establish a profitable floor in an environment of rising
claims costs and increasing liability awards in aviation settlements and judgements.
The global aviation insurance market experienced three years of shrinking capacity and
hard market conditions from 2018 to 2021, with many aviation insurance buyers paying Here is a closer look at how some segments of aviation may be impacted by market
consecutive double-digit rate increases. Many operations have experienced higher levels of conditions in the first half of 2022:
underwriting scrutiny.
Major renewals in 2021 showed a decreasing rate curve, with many aviation carriers Owner-Flown Aircraft
demonstrating a renewed willingness to compete for new accounts. The anemic capacity Coverages are being reduced by the scarcity of higher liability limits.
levels experienced in 2019 and 2020 have stabilized somewhat, and there have not been any
carrier exits from aviation since 2019. Pilot training is being scrutinized more heavily, and new training requirements
are being mandated.
Anticipated Market Trends for 2022
Pilot age is being closely scrutinized, and older pilots may have trouble
The moderating rate curve is expected to continue into the first half of 2022. Even finding coverage.
though we are seeing the rate environment stabilize, underwriting standards remain
high across the industry, and underwriters are continuing to seek rate increases on Premium increases are in the double digits, between 10% to 20%.
most renewal accounts.
Potential rate increases of 10%+, with some supplementary coverages Consulting with USI’s National Aviation team, who can help guide the process. The
being reduced. team suggests ways to improve submission integrity and timelines, and advocates
on the client’s behalf.
Providing detailed information that allows us to better understand your company’s
risk management situation and needs.
Completing applications and questionnaires completely.
The moderating rate curve is expected to continue
Highlighting your company’s focus on safety and pilot training protocols,
into the first half of 2022. Even though we are especially training that goes above and beyond Federal Aviation Administration
seeing the rate environment stabilize, underwriting (FAA) requirements.
standards remain high across the industry, and
underwriters are continuing to seek rate increases on Being open to underwriter and loss control visits.
most renewal accounts.”
For additional information, contact your USI representative or email us at
[email protected].
Fiduciary Up 10% to 100% Up 10% to 100% A limited number of companies that have outperformed peers, stabilized their financial
condition and/or enhanced their environmental, social and governance (ESG) risk profile
Crime Up 5% to 15% Flat to up 15%
saw small (5% or less) decreases on their overall D&O programs, driven almost exclusively
Professional Liability/Errors & Omissions (E&O) Up 10% to 50% Up 10% to 35% by competition for excess and excess Side A layers. Retention levels generally stayed the same
or increased slightly.
Network Security & Privacy (Cyber) 40% to 50% for optimal 40% to 50% for optimal
risks; 50% to 100%+ for risks; 50% to 100%+ for
less optimal risks less optimal risks
Initial public offerings (IPOs), particularly special purpose acquisition company (SPAC)
IPOs and the subsequent de-SPAC IPOs (the new public company formed after the
business combination of the SPAC and the target company), continued to pay considerably
Technology E&O 35% to 50% for optimal 40% to 50% for optimal more for D&O insurance than their long-established publicly traded brethren, but even
risks; 50% to 100%+ for risks; 50% to 100%+ for those costs and retentions lessened from the first half of 2021. Where retentions of
less optimal risks less optimal risks $15 million or more were standard for traditional IPOs and de-SPAC programs, retentions
Representations & Warranties Up 20% to 30% Flat to down 15% of $10 million or less emerged as 2021 ended. For SPACs, retentions of $5 million or less
began to materialize.
Kidnap & Ransom Flat to up 10% Flat to up 10%
Modest increases should remain achievable for many organizations. However, companies
will continue to face underwriting questions about the return-to-work environment (e.g.,
employee reintegration, vaccine mandate/exceptions), as well as questions related to ESG
commitments, cybersecurity, regulatory exposure, and supply chain risks.
Highlights/Changes Since Second Quarter 2021 Industries with challenging claims, such as higher education institutions, church
plans, and healthcare organizations.
The impact of excessive-fee litigation dominated the fiduciary liability insurance Prohibited transaction(s) between a plan and a disqualified person.
conversation in 2021, and many insureds saw double-digit percentage increases in
premiums in the second half of 2021. Significantly higher retentions for excessive-fee Also, recent court decisions have weakened ERISA statute of limitations protections
litigation also became the norm, as insurers looked to insulate themselves from claims for defendants, such as Intel Corp. Investment Policy Committee v. Sulyma and Walsh
alleging breaches of duty in the management of investment-related and recordkeeping fees. v. Bowers. As a result of these continued challenging conditions, we recommend
considering alternative quotes for 2022 fiduciary liability renewals.
Leading insurers have pushed for retentions as high as $5 million for excessive-fee and
or other class-action claims related to the Employee Retirement Income Security Act Potential good news for plan sponsors and fiduciaries does exist, however. All eyes are
(ERISA). Originally aimed at companies with defined contribution plan assets above on an upcoming Supreme Court decision that may reduce the number of retirement-
$500 million, these higher retentions are now also in play for companies with smaller plan excessive fee lawsuits in the future. In Hughes v. Northwestern Univ., U.S., No.
plan sizes. Furthermore, insureds have had to answer more underwriting questions about
19-1401, the university seeks affirmation of a previous decision by the U.S. Court of
retirement plan management protocols, commitments to measuring fee levels and
Appeals for the Seventh Circuit that rejected a proposed class action claim alleging a
fund performance, selection processes for recordkeeping services and other governance-
related issues. breach of fiduciary duty because lower-cost options were available to a retirement plan
it sponsored, but the lower-cost options were not selected by the plan fiduciaries. As
Anticipated Market Trends for 2022 some existing excessive fee cases have been put on hold pending this ruling, a win for
Northwestern should have a favorable effect on the fiduciary liability insurance market
Insurers will continue to focus on excessive-fee litigation exposures, with some leading in 2022.
carriers contemplating pushing retentions higher than $5 million. Standard fiduciary
liability retentions that remained very low in 2021 ($0 to $250,000) will likely be How USI Can Help
pressured upward by insurers.
USI can assist clients by:
Underwriters will continue to manage capacity offered ($5 million to $10 million
Preparing them for new or expanded underwriting questions about service
maximums) and ask questions regarding plan governance and investment
provider selection and comparison processes.
management practices. Underwriting questions will undoubtedly extend to cyber
protections, especially as the DOL issued formal guidance to ERISA plan fiduciaries Supporting the establishment of prudent processes in making fiduciary decisions,
confirming that they must take appropriate steps to identify and mitigate risks documentation of the processes, and compliance with ERISA, DOL and IRS
associated with internal and external cybersecurity threats. Plan fiduciaries have a regulations regarding participant disclosures and government reports.
responsibility to ensure the proper mitigation of cybersecurity risk.
Working with clients on appropriate governance controls, which can include
Other areas of heightened ERISA-related risk where limited competition could drive the creation of ERISA/fiduciary advisory boards and regular updates to a plan
rates higher include: sponsor’s board of directors.
Employee stock ownership plans (ESOPs), as company valuations may be outdated Supporting the addition of a forum selection clause to plan documents, specifying
or severely and negatively impacted in a down economy. the jurisdiction for litigation filed against the plan/fiduciaries.
Proprietary funds in the retirement plans (financial institutions). Sharing risk management support made available by fiduciary liability insurers.
Modest increases continued in the second half of 2021. Underwriting of internal controls Developing industry-specific strategies. For
and payment verification procedures continued to be a focal point, particularly around example, risk controls implemented by companies
phising/social engineering risks. that have staff working from home (such as
professional services groups) differ from the
Anticipated Market Trends for 2022
specific controls maintained by employers whose
We anticipate the continuation of modest increases, with only best-in-class risk profiles staff works on location (such as construction
obtaining flat renewals or better. Getting full limits (or excess limits over sublimits) for companies).
social engineering exposures will likely be challenging but should remain available. USI
will continue the strategy of seeking excess sublimits for social engineering coverage Addressing potential crossover with cyber
from client’s cyber programs, where possible. insurance. USI can explain the differences and
Coverages for exposures like extortion, computer and funds transfer fraud, and seek to manage coverage applicability across
destruction of data will continue to be underwritten very carefully by crime different policies. In the event of a reduction in
underwriters, and maximum limits/capacity available per insurer will typically be limits overall, or a reduction for social engineering
capped at $10 million. Overall, we anticipate more competition on excess layers coverage, USI can seek additional limits in the
than primary placements. Finally, the industries that will continue to face the most excess market.
consternation in the market include cryptocurrency, casinos, and cannabis companies.
Non-financial/non-technology: Law firms, mortgage processors, accountants, USI can assist clients by:
consultants, architects and engineers, project-specific construction and those
Providing them with curated, advanced underwriting questions and helping to craft
performing any valuation-based service will need to differentiate their risk profiles to
obtain optimal terms. We expect increases in premiums of 10% to 35%, along with appropriate responses early in the renewal process.
increased retentions. E&O insurers are also examining limits offered at renewal. For Tracking the most competitive insurers to better understand their underwriting
example, a carrier previously offering $10 million in limits may seek to reduce capacity appetites and willingness to address risks creatively.
to $5 million. We are currently seeing maximum capacity of $10 million.
Identifying and highlighting risk control and management differentiators.
Exclusions for regulatory exposures, deeper underwriting processes (particularly the
management of subcontractor and third-party consulting arrangements) and reviews Examining the scope of professional services, as many firms have modified and
of “professional services” definitions are likely to continue. Supply chain questions and diversified their offerings.
contractual requirements around provider agreements will likely be probed.
Amending current coverages, as needed.
Financial institutions: Investment advisors, broker-dealers, deposit-taking
institutions, and insurance companies will continue to be scrutinized at renewal. For additional information, contact your USI representative or email us at
Investment advisors with above-average investment performance and no claims should [email protected].
see more competition from insurance carriers, keeping premiums close to flat/modest
increases. There will still be limited primary markets for family office/trustee financial
The transaction liability market firmed dramatically in the third and fourth quarters of 2021,
with the rate per million dollars of coverage increasing to 4% to 5% on average from 3.2% to
3.8% at mid-year. M&A activity is the key driving factor, having increased significantly over
2020 levels, with insurers reporting twice as many submissions than in 2020.
Claims are also a consideration, with most insurers citing a 20% frequency rate (one claim
for every five transactions) and increased severity. The total number of claims has also
increased, due to the continued uptake of representations and warranties insurance (RWI)
coverage as part of the standard M&A process. Although coverage terms remain relatively
broad, underwriters are pushing back on overly broad representations and continue
underwriting to COVID-19 impacts (specific to the transaction), with greater focus on
cyber exposures than ever before.
Our extensive experience and capability in transaction liability helps clients work
through standard acquisitions and more challenging transactions that involve
distressed assets, heavy international exposures, and bankruptcy-related asset sales.
We pave the way for a “no surprises” experience for the client in a rapidly changing
transaction liability market. When engaged early in the transaction planning and
strategizing process, USI will share current market trends, demystify procurement
methods, and shed light on expected pricing, underwriting requirements, policy terms,
timing, and other variables.
Highlights/Changes Since Second Quarter of 2021 3. Carriers closely monitored and reduced capacity deployed on each account.
$5 million has become the “new normal” limit (versus $10 million).
Ransomware attacks continued to plague the cyber insurance market throughout the
second half of 2021. We saw a surge in probes into information security controls and Excess premiums provided only small (if any) discounts to the layers beneath, as
practices by insurers, which severely impacted coverage when deemed less optimal. insurers began to view the first $50 million as exposed in any given claim.
Simultaneously, organizations faced large extortion demands, wayward business
interruption losses, and increased regulatory scrutiny, which resulted in devasting losses 4. Renewed focus on the underwriting of critical information security controls and
when combined with the average network downtime of 21 days.1 All in all, 2021 was a year practices, which required the following to be fully implemented to receive the
in which insurers were presented with simultaneous market forces, including: “optimal risk” designation:
1. Increasing frequency and severity of ransomware attacks and network intrusions. Multifactor authentication (MFA).
Large ransomware breaches (e.g., Colonial Pipeline, ACER, Kia Motors, EXAGrid, Endpoint detection and response (EDR) and extended detection and response
Accenture, Kaseya, Blackbaud). (XDR) specifically in place and utilized on the entire network.
Between 2018 and 2021, attacks on technology vendors included SolarWinds 24/7 network monitoring of all logs and reports and security operations
Orion and Microsoft Exchange. center (SOC).
“Cyber hurricanes” became a familiar term, meaning an attack on a vendor may Network backups.
potentially cascade to customers of that vendor. Insurers have become increasingly Network segmentation.
concerned about the potential for supply chain liability in ransomware attacks.2
Privileged access management.
2. The reduction of carriers offering cyber coverages. Regular use of domain administrator assignments.
Some cyber insurers have discontinued writing cyber insurance or are offering
terms that are not commercially viable (e.g., coinsurance, onerous exclusions, and
restrictive forms).
Reinsurance cyber renewal challenges: For additional information, contact your USI representative or email us at
[email protected].
Post January 1, 2022, global reinsurers are targeting increases of at least 50.5%.4 When
questioned about the top 5 risks impacting profitability, reinsurers ranked cyber 1
https://securityboulevard.com/2021/09/downtime-the-real-cost-of-ransomware/
second for the first time, only eclipsed by climate change.5
2
https://www.isaca.org/resources/news-and-trends/newsletters/atisaca/2021/volume-35/surge-in-ransomware-attack-
and-10-biggest-attacks-in-2021
3
https://siliconangle.com/2021/10/13/dhs-secretary-warns-killware-next-big-cyber-threat/
Ultimately, we expect the cyber insurance market to continue to harden in 2022 as 4
https://www.artemis.bm/reinsurance-survey/2021.html, “Where Are Reinsurance Prices Likely to Rise and Fall at the
insurers persist in raising the benchmark on optimal risk profiles. On the brighter January 2022 Renewals?”
5
https://www.artemis.bm/reinsurance-survey/2021.html, “What Are the Biggest Challenges to Reinsurance Profitability
side, we see the cyber market innovate every year, offering policyholders access to Over the Next 5 Years?
mechanisms tailored to monitor and elevate their cyber hygiene.
Forecast Insights | 2022 COMMERCIAL PROPERTY & CASUALTY MARKET OUTLOOK 32
INDUS TRY
UPDATES
Manufacturing and distribution renewals are in line with the projections noted in this report Kingdom remained challenging during the second half of 2021. Underwriting, premium
for each line of coverage, with the following additions: uplift, and coverage limitations are the tools being used to improve market conditions. New
entrants have emerged in the market resulting from this shift, and, while this would appear
Highlights/Changes Since Second Quarter 2021 to create rapid moderation, change has been minimal. Underwriting scrutiny on business
operational risk profiles remains high.
In the second half of 2021, manufacturers enjoyed a rebound in production following the
COVID-19 pandemic and post-pandemic recovery. As a result of this rebound, and with Anticipated Market Trends for 2022
the rapid increase in consumer demand, driver shortage and resulting port congestion,
manufacturers experienced significant disruption of their supply chains. For more challenging classes of business such as leafy greens, tobacco, wine, nuts, grains, fish,
and liquor, manufacturers will continue to notice upward rate pressure, increased retentions,
Anticipated Market Trends for 2022 and decreased coverage capacity in 2022. More desirable classes of business will experience
moderation of rates. We expect these conditions to continue into 2022 and likely into 2023.
We expect these trends will carry through 2022 and potentially into 2023; they are currently
affecting vendor-customer relations and the cost of goods. In response, many manufacturers Trade Credit Risk
have placed anticipatory orders, which have resulted in higher carrying charges in their
operations. In fact, shipping costs reached an all-time high in September 2021 — double the The global trade credit risk market is poised for significant growth over the next several
shipping costs recorded in July.* years. This growth will largely be fueled by underwriting profitability and low combined
ratios, both of which contributed to the demand created by post-pandemic insolvency fears
Cargo/Stock Throughput and ongoing supply chain issues.
Highlights/Changes Since Second Quarter 2021 Losses in 2021 have generally been lower than anticipated, but as the challenges continue,
rate increases in 2022 are expected to be in the 10% to 20% range. Tougher classes of
Stemming from loss results over the past decade, overall market premium decline, and business, including risks with losses, technology, and private equity, could see rate increases
recent loss unpredictability, the cargo/stock throughput markets in the U.S. and United even higher.
*https://www.foxbusiness.com/economy/shipping-container-costs-record-high-china-us
Real estate renewals are in line with the projections noted in this report for each line To help maximize renewal outcomes, USI assists clients by:
of coverage.
Engaging USI cyber experts to analyze exposures.
Insurance Capacity: Property capacity has increased overall in the second half of 2021,
Making improvement and coverage recommendations.
although carriers maintain a controlled approach when deploying capacity on loss leading
or CAT exposed accounts. As outlined in other sections of this report, cyber and excess Accessing USI’s Risk Control team to assess security and location exposures to
liability pricing and capacity remain strained. Real estate companies are not isolated from reduce liability claims.
the impact of these stressed lines of coverage. Cybercriminals continue to find ways to
breach IT systems and protocols to wreak havoc on vulnerable companies. Ensuring contractual arrangements are properly aligned with the client’s insurance
coverage or their transferee’s insurance coverage.
Anticipated Market Trends for 2022 Reviewing non-traditional alternative structure opportunities to supplement the
client’s overall risk management strategy.
Excess liability for real estate companies remains challenged due to higher-than-expected
settlements resulting from problematic claims. Many umbrella carriers refuse to offer For additional information, contact your USI representative or email us at
capacity for certain real estate classes, due to crime-related claims as well as geographies [email protected].
that are quick to file lawsuits against property owners and managers. Both cyber and excess
liability coverage lines will not see any relief as we move into 2022.
Highlights/Changes Since Second Quarter 2021 Anticipated Market Trends for 2022
Plans for 2022 construction projects were underway well before the end of 2021, with many Continued advancements in technology are exposing contractors to additional cyber risks,
U.S. contractors optimistic about the overall growth of the industry. With the passing of the like advanced building information modeling (BIM), asset tracking, financial management,
$1 trillion infrastructure bill in November, consumer confidence continues to be strong, and wearables, and digital twins, to name a few. As federal mandates regarding COVID-19
the construction industry plans for a robust pipeline of projects (both public and private) vaccinations are being imposed, companies will need to be considerate of employees in how
through the new year. they navigate this process and compliance.
This positive trend was noted in FMI’s third quarter 2021 Construction Industry Finally, as corporate environmental, social and governance (ESG) initiatives are developed
Roundtable (CIRT) Index survey, which reported all-time highs and suggested a positive and executed, companies are facing increased scrutiny on the execution and implementation
momentum in backlog, business outlook, and labor costs into 2022.* The survey also saw of their corporate goals, which is creating more opportunities for claims in financial and
some mixed results, with notable declines across the cost of materials, and a less optimistic environmental lines, among other coverage areas.
view of the national economy and the local economies where CIRT members do business.
Additionally, BaseRock Capital Partners released its Q3 2021 M&A report that highlighted Coverage Line Updates
the economic, political, and social factors that together generated growth and kickstarted
2022.** The report discussed challenges that persist in supply chain and skilled labor, issues The following coverage updates go beyond our 2021 Mid-Year Market Outlook and may
that were also reported in USI’s previous Market Outlooks. As the report indicates, material not include all lines of business.
cost volatility in critical path components is creating a difficult contracting process for
all stakeholders. In fact, it takes only one internet search of “Backlogged Ships in Port” to General Liability
illustrate the stress on the supply chain.
We are still seeing a differentiation in pricing based on individual account merits, rather than
a broad-brush approach by industry. Most markets have, however, budgeted positive rate
increases going into 2022, which are expected to range in the high single digits to low teens.
*FMI Third Quarter 2021 CIRT Sentiment Index
**BaseRock Partners Third Quarter 2021 M&A Report
Umbrella/Excess Communicate early and often with the USI construction team and with your
insurance carriers and sureties. As we move out of the pandemic into recovery,
Excess pricing, layering and capacity remain the biggest challenges for contractors, operational issues will persist, and more complex contracting structures will
regardless of size or industry segmentation. Price increases are beginning to show signs of emerge. Proactive strategic decision-making can be encouraged by effectively
slowing down, with single-digit percent increases generally viewed as a win. Residential risks communicating changes to partners.
(any frame variety) continue to require more time and creativity than others. New capacity
Audit the effectiveness of internal controls for areas of improvement. Carriers
is coming into the market, and carriers are re-evaluating layering and their overall appetite.
and sureties want to be confident in the company’s ability to pivot when necessary
We are cautiously optimistic that when the dust settles, the market will again attract two to ensure quality and stability. Contract risk management, supply chain
or three carriers per layer, instead of one carrier per layer for certain risks, as is the general management, and sourcing labor are three major areas at the top of mind for
situation today. construction insurers and sureties. Be proactive in the assessment of the company’s
risk appetite and profile.
Wildfire-exposed risks continue to draw attention. Losses from natural perils that occurred
during the summer months will impact balance sheets, even though there may be Stay abreast of emerging technology platforms that can help contractors
associated losses. effectively manage a project and solve for operational efficiencies. These platforms
can also be used as creative and effective tools to help demonstrate and execute a risk
Owner-/Contractor-Controlled Insurance Programs (OCIPs/CCIPs) management program.
Because of supply chain delays, labor shortage and volatility in material costs, project Consider the variety of risk financing opportunities available, and be open
durations are extending beyond what treaty or carriers can afford. This situation is creating to new methods of transferring, mitigating, or managing risk beyond traditional
challenges with carrier availability and capacity for certain types of projects. insurance procurement options. As the market continues to harden, companies that
can successfully do this will have less pricing volatility and ultimately more control
How USI Can Help For additional information, contact your USI representative or email us at
[email protected].
USI’s construction team strategically works with our clients by utilizing analytics, technical
resources, and claims advocates in a team-based environment. This structure and process
allows us to proactively stay ahead of emerging issues, advise clients on the most efficient
financial risk transfer programs, and aggressively manage and support our clients’ claims. By
working in this way, we can create a blueprint to help clients effectively maximize their cash Plans for 2022 construction projects were underway
flow while protecting their assets. Together, employing these strategies will allow for more well before the end of 2021, with many U.S. contractors
efficient bidding while driving growth and simultaneously managing risk for our clients. optimistic about the overall growth of the industry.”
Highlights/Changes Since Second Quarter 2021 Excess automobile liability: Accounts that can demonstrate effective risk
mitigation and good loss history are experiencing flat- to single-digit renewal rates.
Primary professional liability: Domestic capacity continues to be available, Domestic capacity in the admitted market is available, but non-admitted, London
but at higher rates. Accounts that underwrite well are being offered single-digit and Bermuda capacity should also be considered.
renewal increases, and those that do not underwrite well (because of losses) are
experiencing renewal rates in the double digits, higher retentions, and reduced Management liability: Domestic capacity is available, but accounts are
limits. Capacity is available in London and Bermuda and should be considered. experiencing single- to double-digit rate increases with upward pressure on
deductibles and retentions, especially for employees classified as
Excess professional liability: Domestic capacity continues to be available, “healthcare professionals.”
but at higher rates. Capacity is available in London and Bermuda and should
be considered. Cyber: Strict underwriting guidelines are being applied to all accounts. Accounts
that are unable to demonstrate adequate exposure mitigation are likely to be non-
Property: CAT exposed properties are experiencing renewal-rate increases in the renewed or renewed with significantly less favorable terms. In other words, if they
“admitted,” “non-admitted” and London and Bermuda markets. Non-CAT-exposed do not comply with the underwriters’ requirements, they will pay more for less
properties with good losses can access the domestic admitted market and expect coverage at policy renewal. For this reason, it is essential for healthcare businesses
flat- to single-digit renewal rates. to maintain a detailed and affirmative description of key risk mitigation procedures.
For a more detailed cyber update, see the EPS/Cyber section of this report.
Workers’ compensation: Ample capacity and a competitive market. Rate
decreases are readily available for well-performing accounts.
Primary automobile liability: Accounts that can demonstrate effective risk
mitigation and good loss history are experiencing flat- to single-digit renewal rates.
Ample domestic capacity is available in the admitted market.
USI supports our clients through the renewal processes by taking these and other
important steps:
Advocating on behalf of client when infectious disease exposure has, or is
presumed to have taken place within the scope of employment, so that workers’
compensation coverage will apply.
Working with the client to ensure all workers’ compensation claims are reported as
soon as possible, and that nurse case management is utilized as quickly as possible
to reduce indemnity and medical expense.
Ensuring that the employer’s liability limit is adequate for the exposure, and that any
claims are assigned to an adjuster with employer’s liability experience.
USI also supports clients in the renewal process with:
USI’s AnswerlyticsTM solution for comprehensive cyber risk control. For more
information about Answerlytics, see the EPS/Cyber section of this report.
Risk identification and mitigation techniques for professional liability, automobile
liability, D&O liability, EPL, and property.
For additional information, contact your USI representative or email us at
[email protected].
Highlights/Changes Since Second Quarter 2021 prove pivotal, as lawsuits arise from EPL insurance claims, and from employees
contracting COVID-19 at work after transitioning from their remote environments.
The P&C marketplace for public entity (PE) and higher education was challenging While there have been few concrete cases and verdicts so far, it is highly likely there
for insurance buyers during much of 2021 and will likely remain this way into 2022. will be an increase in lawsuits going forward.
Contributing factors:
Sexual abuse and molestation (SAM) coverage has been a hot topic for many
The loss of carriers and markets have led to loss of capacity. Over the last two years within the public sector, education, religious, and non-profit classes of
years, the PE casualty marketplace has seen a mass exodus of carriers, with large business. Recently, SAM coverage has garnered significant attention due to the
losses clearly the driving force. The excess liability market is particularly affected. exploration of increasing “lookback windows” by various jurisdictions. These
lookback windows, which identify a period in which alleged victims can seek
Reinsurance rates continue to rise due to escalating losses. In recent years, the justice, have been established in eight states and the District of Columbia.
reinsurance marketplace has been impacted by increased litigation, nuclear verdicts,
defense costs, and frequency of global natural disasters. Law enforcement issues have become a primary force behind the market shift
over the last few years. Law enforcement liability claims are increasing in frequency
The impact of COVID-19 on insurance costs has not yet been felt within the and severity for various reasons, impacting insurer ability to provide necessary
marketplace. This may change as variants continue to emerge and as uncertainty capacity at an affordable price.
about managing workplace vaccine requirements lingers. In fact, 2022 may
We are witnessing a re-underwriting process necessary to ensure the long-term viability Early indications of double-digit increases in the
of cyber insurance coverage offerings. In fact, most insurers have reduced capacity, and are casualty lines of business petered out in the first quarter
increasing retentions and underwriting requirements at a time when public entities and of 2021 and are ranging from 5% to 7% for many of
higher education institutions are high on the list of businesses targeted by bad actors. our municipalities and universities. In 2022, markets
may continue to offer lower rates than expected in
The increase in frequency and severity of ransomware attacks is also leading to significant the absence of global catastrophes or pandemic
pull-backs on dependent business interruption (BI) coverage. It is common to see this
coverage excluded or significantly sublimited when the exposure is deemed too great. Given lockdowns. For example, we are presently seeing a
the breadth of recent ransomware incidents, this situation is likely to expand and continue slight stabilization in the property marketplace with
into 2022. rate increases of 5% to 9%, versus more than 10% on
average over the past two years.
We remain concerned about insurers placing significant restrictions on available limits
of coverage. Cyber insurers are implementing aggressive de-risking strategies to reduce Competition for desirable accounts remains in the
their exposure to catastrophic loss. Primary layers of $10 million are becoming scarce, for marketplace and will continue into the new year. Rate
example, and insurers are more frequently building towers in layers of $5 million or less to increases ranged from 0% to 7% during the last half
minimize risk. of 2021 for all lines of insurance except cyber liability,
Although no single IT security process, patch, or software can fully prevent cyberattacks, law enforcement liability, and umbrella limits (above
insurers have identified multifactor authentication (MFA) as one of the most effective risk $10 million). The trend is favoring those who submit for
management tools for deterring ransomware. Today, nearly all insurers require MFA for coverage or renewal early with a favorable risk profile.
remote access to sensitive information — without it, buyers may not qualify for a cyber
insurance policy or renewal coverage. For additional cyber updates, see the Cyber Liability Regarding student-athlete employment status, the
section of this report. situation gained momentum in September 2021, after
a memorandum was released by the general counsel of
the National Labor Relations Board (NLRB). The memo
indicated that, in the general counsel’s prosecutorial
view, college athletes are statutory employees under
the National Labor Relations Act with rights and
protections under federal labor laws. This decision will
likely affect workers’ compensation and other forms
of insurance available to colleges, lead to increased
litigation and organizing activity by athletes, and result
in broader protections for employee conduct.*
*https://www.businessinsurance.com/article/20211012/NEWS08/912345171/Student-athlete-employment-
status-memo-poses-comp,-insurance-questions-NLRB
USI helps its PE and higher education clients win in a challenging market by:
Reminding them to start the renewal process 150 to 180 days prior to inception, to
encourage a prompt response from incumbent markets regarding available options
(e.g., limits, retention, coverage and price).
Preparing a comprehensive market submission with the intention of highlighting a
strong or improving safety culture and risk management approach.
Developing analytics around risk financing opportunities focused on total cost of
risk (TCOR), which can result in improved decision-making and outcomes.
Using catastrophic property modeling to identify the appropriate amount of wind,
flood, and earthquake coverage, and ensuring that COPE data is detailed
and accurate.
Evaluating all U.S. and London market options, focusing on risk appetite
and industry.
Performing a cyber policy review to ensure an organization’s program includes
current coverage updates; using USI’s eRiskHub and other risk management tools
to help navigate cyber exposures and claims.
Offering our proprietary programs to address specific needs. For example, USI’s
suite of threat/terror solutions with broad coverage option for strikes, riots, and
civil commotion; our new Answerlytics cyber solution that bridges the gap
between risks and loss prevention.
For additional information, contact your USI representative or email us at
[email protected].
During 2020 and 2021, profitability for many businesses across the U.S. was Already struggling with CAT losses from the first half of 2021 — with wildfires, winter
constricted by excess supply, reduced demand, limited availability of personnel, and freezes and hailstorms as the primary driver — the insurance market is responding
severe weather. As a result, insurance coverage will cost more for consumers, including with higher rates and reduced capacity.
the agriculture industry, into the first half of 2022.
Anticipated Market Trends for 2022
Property The market will likely continue hardening through 2022 and increases on property lines
from 10% to 25% should be expected. Some package carriers will withdraw from property
2021 Overview altogether and only offer coverage on the other lines.
Catastrophic (CAT) losses taxed the insurance industry during the second half of
2021, with the agriculture sector among the hardest hit. Severe weather has diminished General Liability
carriers’ profitability for agribusinesses and forced them to take a hard look at property
2021 Overview
rates. In addition, reduced demand for many agricultural commodities has left
businesses sitting on increased inventory — stressing the current storage capacities of
To counteract sluggish revenues, agribusinesses sought new product distribution
the sector and increasing insurance costs.
channels and enhanced service offerings during the first half of 2021. This has created
COVID-19 pandemic restrictions have also increased the cost of building materials a shifting risk profile for many in the industry. A proactive loss control approach will be
and labor, thus inflating the cost for new construction and repairs as the agribusiness necessary to allow for favorable positioning in the renewal process.
industry struggles to meet storage needs. Although current market predictions suggest
General liability (GL) rates remained relatively flat in 2021 as compared to other lines.
10% to 15% increases on property, many agribusinesses in the hardest hit areas will see
For the first half of 2022, we anticipate the same.
even more substantial rate activity.
We expect to see substantial rate increases for D&O coverage in 2022. Pandemic-related
D&O claims will take several years to work themselves out, which is why it is difficult to
quantify the long-term impact.
Some cannabis businesses are now offering home delivery of their product, which will
contribute to substantial auto liability rate increases in 2022. The D&O coverage line, which
has had ongoing challenges, is also priced extremely high in the cannabis industry.
2021 Overview wording is inconsistent. This may negate coverage for an entire class of products
unless careful language negotiation takes place with underwriters.
The life sciences market outperformed the overall insurance market throughout
2021, with certain coverages experiencing premium reductions. Insurance companies Cargo/Stock Throughput
continue to view life science companies as desirable risks because they operate in a Price increases are being driven by complex supply chains, increases in catastrophe
highly regulated Federal Drug Administration (FDA) environment, which is why activity, lack of comprehensive underwriting data, and a higher incidence of
some insurers have introduced or expanded their underwriting appetite. This is claim activity.
especially true for product liability and traditional “package” policies, while other lines,
such as D&O, cyber, and cargo/stock throughput, are experiencing rate increases on Premium increases were more dramatic in 2020. While this has moderated in the
the middle to upper end of USI’s rate guidance. past few quarters, capacity remains limited, and deductibles continue to increase.
Insurers are intensely focused on identification of underwriting data for third-party
Anticipated Market Trends for 2022 locations so they can offer credible limits.
Product Liability Poor loss history is no longer viewed as bad luck. Insurance carriers expect
companies to qualify their suppliers and contract manufacturers.
There is ample capacity available in the domestic and international marketplace,
except for opioids, cannabis, and CBD, which are more closely scrutinized. D&O Liability
Renewal rates remain stable, with declines of more than 10% available when Special purpose acquisition company (SPAC) transactions spiked dramatically
competition is brought into the renewal process. in the first half of the year. While the pace has slowed recently, life science
entrepreneurs will continue to use SPACs as a strategic tool and means to capitalize
NDMA exclusions arising from the actual or alleged presence of nitrosamines, on promising new therapies.
considered a “probable” contaminant, are being added to most policies, and the
Evaluate all market options with their brokers, focusing on risk appetite and
Cyber product mix.
The industry is seeing increased claim activity for business interruption and Assess U.S. and London markets and be open to having multiple insurers on the
systems failure. program as opposed to one insurer that offers all coverages in a “package” format.
The adoption of advance technologies with internet connectivity will create Clearly identify and differentiate each risk to the marketplace, reinforcing risk
coverage challenges between traditional product liability, professional liability, quality and mitigation efforts — this is imperative. When marketing, it is critical to
and cyber liability. To avoid coverage disputes, it is imperative to understand all have data on facility characteristics, safety programs, and global supply
possible loss scenarios and work with underwriters to identify which policy will chain exposures.
best respond.
Delineate the product liability risk profile (high, medium, low) to help underwriters
understand therapeutic class and specific product risk factors.
Review contracts carefully to determine risk transfer/assumption language
that impacts the revenue exposure base associated with product liability
premium rating.
Assess all clinical trial activity to determine which studies have been impacted
either in a delayed start, longer duration, or reduced patient population.
To help clients navigate complex business challenges, USI shares expert insights and key solutions through our Executive Series. Our
cross-functional teams work to provide timely information on new and evolving topics in risk management, employee benefits, personal
insurance and retirement. We then share tailored solutions to help you guide your organization successfully, enhance insurance coverage,
and control costs. For additional information and resources, please visit our Executive Insights page: usi.com/executive-insights