Cyber risks are skyrocketing. A recent IBM breach report revealed that 83% of organizations experienced more than one data breach in 2022. The severity of the situation continues to be evident in 2023 with the public disclosure of at least 310 cyber incidents in the first quarter of the year alone.

Many private companies, especially early-stage startups, are struggling to find funding, and often, those that do are experiencing “down rounds.” In a down round, a company typically sells larger stakes to new investors at the same cost or less than what earlier investors paid, driving down the company’s valuation and diluting shareholder values in the process. Down rounds pose multiple risks, from reduced capital support, to shrinking confidence among investors and employees, as well as greater exposure to Directors and Officers (D&O) liability.

A special purpose acquisition company, or SPAC, is a company without commercial operations formed solely to raise capital through an initial public offering (IPO) or to merge with or acquire an existing company. Sometimes called “blank check companies,” SPACs have been around for decades, but their popularity has skyrocketed in recent years. In 2020, 247 SPACs with $80 billion invested were created, and 2021 saw a record 613 SPAC IPOs. By comparison, 2019 saw only 59 SPACs hit the market. During the 2020-2021 SPAC boom, the business model attracted well-known names including Deutsche Bank, Goldman Sachs, and Credit Suisse as well as many retired or semi-retired senior executives (source 2). However, while SPACs are still happening, their popularity is likely cyclical, as evidenced by the wind-down of many SPACs at the end of 2022 (source 8). Whether a SPAC completes a deal or not, there are still risks to be carefully considered.

Many are finding that the marketplace for Directors and Officers (D&O) liability insurance is easing in the final quarter of 2022. New entrants to the space are competing for accounts, and underwriters are becoming more comfortable with certain risk classes. Trend data compiled and tracked by CRC Group indicates average renewal rate increases are slowing, and more accounts are renewing with flat to small increases compared with earlier in 2022 (source 1).

The deadly collapse of a 12-story beachfront condominium north of Miami Beach sent shockwaves through the Florida insurance market. One wing of the 40-year-old Champlain Towers in Surfside, Florida, crumpled to the ground suddenly on June 24, 2021, killing 98 people. Several carriers have exited the Florida property market as total settlements rise to more than $130 million, and others are pulling back on property and liability coverage. Faced with the potential for steep losses, insurers are raising rates and deductibles and becoming much more selective. In such a challenging market, it’s crucial to work with experienced, knowledgeable brokers who can provide guidance through a more complex, demanding placement process.