The range of exposures facing corporates, as well as subsequent loss and claims scenarios, have increased significantly in recent years with rising court costs, disruptive recalls, political violence and environmental problems impacting businesses – all in the face of a challenging global pandemic. Allianz Global Corporate & Specialty (AGCS) experts highlight five trends which may impact risk managers and their broker partners, and provide a reflection of the current state of the liability insurance market.
‘Social inflation’ describes rising insurance losses due to the growing emergence of litigation funders, higher jury awards, more liberal workers’ compensation claims, legislated compensation increases and new tort and negligence concepts – a phenomenon especially prevalent in the US which is now growing globally. Consumer-facing industries, such as retail, healthcare, automotive, insurance, pharmaceutical, and financial services, are often the most impacted by this trend but many other industries are increasingly susceptible.
The US National Highway Traffic Safety Administration (NHTSA) administered close to 1,000 safety recalls affecting well over 50 million vehicles in 2019. Although this represents a slight decline in the number of recalls year-on-year, it still represents an average of more than two recalls every day in 2019. In addition, around 20 million more vehicles were impacted.
Overall, the number of food recalls has risen over recent years, with the exception of a decline in incidents through the coronavirus outbreak. Such recalls can be a costly business. The resulting disruption in operations while managing the recall, the direct cost of recalling stock and the indirect costs caused by the knock-on effects, such as reputational damage, can result in significant long-term financial losses for a company from loss of sales.
Civil unrest incidents such as protests and riots are challenging terrorism as the main political risk exposure for companies. Recently, events such as the French ”yellow vest” protests (insured losses around $90mn), as well as unrest in Chile (around $2bn), Hong Kong ($77mn), Bolivia and Ecuador have highlighted the volatility of businesses to the impact of political risks and violence, causing both physical damage but also preventing many businesses from opening their doors.
Environmental pollution incidents can have damaging consequences for a business and not all aspects are always fully considered when a company is assessing whether it is adequately covered. Among these, two risks are paramount for 2020 and beyond: indoor air quality concerns with legionellosis and mold growth and the use of enforcement undertakings (EU) to encourage companies to participate in the clean-up and prevention of environmental accidents which they caused.

With more people staying at home following the outbreak of the coronavirus pandemic, and with the temporary closure of many shops, airports and businesses, notifications of slip and fall incidents, which are one of the major causes of liability claims, have slowed recently. There has also been a positive impact on claims activity in the US from the suspension of courts and trials. Some claimants and plaintiff attorneys have been more open to negotiated settlements, some of which have been on more favorable terms.However, the liability insurance market could see claims brought by third-parties for injury or property damage due to failure to adequately protect against the coronavirus, as well as employee action against employers who did not appropriately protect their employees.Product liability and recall claims tend to follow economic activity, so there will most likely be any impact on claims with the economic downturn. Coronavirus also could affect claims through changes to hygiene and working practices, while restarting production after periods of hibernation may give rise to human error incidents.

“Pricing trends have turned, however claims trends and large court verdicts continue. This combined with expanded exposures for non-US companies doing business in the US and an increase in automotive parts recalls are putting pressure on liability insurers,” says Ciara Brady, Global Head of Liability at AGCS.

“We are seeing capacity decreasing globally which, when combined with social inflation, soft pricing and broadening covers globally during the soft market, is leading to the hardest market conditions since 2001. Overlay this with the uncertain economic outlook, political instability and unknown impacts from coronavirus and this is creating a challenging market for brokers, clients and insurers alike,” adds Brady.

Allianz Risk Barometer

  1. Cyber incidents (34%) - 2022 rank: 1 (44%)
  2. Business interruption (34%) - 2022 rank: 2 (42%)
  3. Macroeconomic developments (25%) - 2022 rank: 10 (11%)
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