Persistent, significant losses are still driving up expenses and constraining capacity within the casualty market for habitational business. As insurers reduce coverage limits, increase deductibles, and impose stricter underwriting criteria, it becomes crucial to strategically promote comprehensive submissions in order to secure optimal coverage.

In 2023, the habitational insurance marketplace presents many challenges for property placements. Years of low rates and low valuations, combined with the impact of catastrophe events has created a perfect storm for the hard market. Property owners, insurers, and brokers find themselves grappling with a new reality where traditional underwriting models must contend with the weight of severe and frequent claims as well as the persistent specter of climate-related perils. Navigating this marketplace demands a deliberate balance between creativity, sound risk assessment, and adaptability to secure coverage.

In 2021, 19-year-old Orlando student Miya Marcano was tragically killed in her apartment by a 27-year-old maintenance employee with access to her apartment complex’s master key fob. In response to this tragedy and a growing trend of violence, Florida Governor Ron DeSantis signed Senate Bill 898, known as “Miya’s Law,” at the end of June 2022. (sources 1, 2)

The excess habitational market has been slowly hardening over the last several years, but it has accelerated over the last 2-3 years. Excess habitational premiums have been rising due to numerous factors including insurance carriers finding that they have been inadequately funded to cover the growing frequency and severity of claims in today’s litigious environment. There are now limited excess options within the first $10M, especially in the lead position. While some new capacity has started to filter into the marketplace over the last several months, few want to play in the lead $5M.

The term catastrophe became a part of everyday life this year as the global coronavirus pandemic spread across the country. With spring also came the "normal" catastrophes, including a spate of deadly thunderstorms and tornados. This was followed by an early start to a hurricane season that kept setting records through the summer, and a disastrous wildfire season for which the full scope of damages will not be known for some time.

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.

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.

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.

Winds of change are driving the property market in a new direction. Nature had been kind
for more than a decade, sparing the U.S. from major hurricanes and earthquakes. At the
same time, record-low interest rates lured tens of billions of dollars in alternative capital
into insurance markets offering returns well above the rock-bottom rates available on more
standard investments. The combination of new capital and relative calm combined to push
insurance rates lower year after year — until now.