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The first quarter of 2019 saw the excess and umbrella markets start to move toward tighter underwriting, and each quarter since has seen the market get firmer. The second half of the year brought greater capacity restrictions, higher prices, and significant challenges around program structure, due in large part to nuclear jury awards that have hit excess and umbrella lines like never before. Brokers that succeed in 2020’s changing market will depend on creativity, proactive strategic planning, and strong carrier relationships to help clients weather the storm.

Healthcare organizations, already under financial pressure from the changing reimbursement system, now face a hardening D&O liability insurance marketplace. In this article, CRC offers insights on how retail agents can help their insureds navigate the difficult environment.

Flooding, the most common natural disaster in the U.S., can have huge consequences for homeowners, businesses, and communities. With the emergence of climate change and increase in severe weather, flooding is impacting ever widening areas, but at least 85% of homeowners still lack flood insurance. Flood insurance empowers families and communities to recover and thrive in the wake of disaster.

The severe hurricanes and record-breaking wildfires that have caused widespread damage in recent years have heightened concerns that a changing global climate may be leading to more frequent and extreme natural catastrophes. Among the possible effects of climate change, stronger and slower-moving hurricanes may bring more devastating winds, higher storm surge and greater inland flooding; hotter temperatures can dry out vegetation and raise the risk of wildfires, particularly as people move into formerly wild areas. Those changes may lead to greater risks for property owners and higher-than-expected claims for insurers.

From design to construction and sales, a real estate developer bears the ultimate responsibility for every aspect of a project. The architects, engineers, contractors, property managers and real estate brokers all face specific professional liability risks stemming from their own work, but the developer may be exposed to all of them. Legal actions targeting any service provider on a project are very likely to name the developer too. For instance, a family member of an employee killed while working for a general contractor might sue the developer as well, or a condominium owner may bring a claim against the developer for an architect’s design error.

The commercial cannabis industry is booming. It now employs more than 250,000 people, with legal marijuana sales reaching an estimated $9.7 billion across North America in 2018.

California juries are handing down million-dollar awards in lawsuits alleging apartment complex owners have failed to maintain ‘habitable’ properties. Insurers, concerned the litigation trend could spread, are adding exclusions to limit their risk. Brokers need to be aware of the impact habitability litigation and coverage restrictions can have on client property programs.

A good reputation is valuable but also fragile. As Berkshire Hathaway Inc. Chairman Warren Buffett said, “It takes 20 years to build a reputation, and five minutes to ruin it.” In the headlines every day are incidents that damage the public’s perception of an organization, from social media controversies, to executive misconduct to regulatory violations. Fortunately, a new generation of insurance products is emerging to provide protection for reputational risks.

Chemicals commonly used in fire-fighting foams and a wide range of household items, from non-stick cookware to stain-resistant carpet, are turning up more often as exclusions on insurance policies. That’s due to a growing wave of litigation over water contamination and rising concerns among insurers that the chemicals per-and polyfluoroalkyl substances, or PFAS, could expose them to the same kind of expensive, unanticipated claims as asbestos did a generation ago. While property owners may see more scrutiny over PFAS, environmental insurance can still provide effective risk transfer in many cases.

The property market continues to change amid decreased capacity and increased caution among carriers. There is little capacity left among many Lloyds syndicates, and domestic markets are more selective overall—particularly on tougher classes of business. While the first quarter of 2020 may bring some relief on capacity, insureds should expect increased rates, higher deductibles and greater scrutiny from underwriters. Valuations are particularly important along with better data on construction, especially for roofs. In this transitioning market, experienced brokers show their worth in finding the best solutions for clients.

The construction industry has seen significant growth over the last several years. However, emerging trends such as large rate increases and reductions in excess capacity are posing challenges for construction insureds as the insurance market hardens. An increase in high-value claim payments and settlements, labor shortages, and more careful deployment of underwriting capacity are all factors adding difficulty to the state of the market across the country.

The value of insurance and risk management often comes into sharp focus when a loss occurs. This is especially true of cyber risks such as data breaches.

The scope of a common exclusion in Employment Practices Liability Insurance (EPLI) policies relating to “wage-and- hour and overtime law(s)” is narrower than a trial court found and therefore EPLI coverage can apply to a wider set of employment claims, according to the California Court of Appeal in the 4th Appellate District.

After years of losses in the multifamily habitational market, insurers have become far more cautious for both property and casualty coverages, cutting back capacity or even leaving the market altogether. Rates and deductibles have been rising—sometimes significantly—as carriers, more closely scrutinize the risks they are willing to entertain while adding a variety of exclusions.

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