Page 14 - 2016 State of the Market from AmWINS
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124 | AmWINS State of the Market

PROFESSIONAL LINES, continued                   covered on other types of insurance.         projects. Some insurers will only offer job-
                                                Intellectual property claims are also        specific excess over their own primary
In public D&O, there has been a slowing         arising when teams of people are hired       practice policy, while others may offer
of mergers and acquisitions claims.             from competitors and the legal rights        job-specific excess over other insurers’
Historically, a rising stock market reduces     to client lists from the original employer   primary if the terms are acceptable.
the claim frequency from shareholder            are questioned. While there are often
losses. Industries such as life sciences        exclusions that apply to this activity as    Rates for tougher classes are creeping
and technology continue to see more             it is considered an intentional act, these   upwards. Classes such as geotech,
claims activity due to the volatility of their  policies are often duty-to-defend and it     custom residential homes, and naval/
product development and sales.                  can be difficult to navigate an argument     aerospace/military remain difficult, with
                                                over the allocation of uncovered             limited markets and appetites. Project
In private D&O, the frequency of                expenses.                                    policies continue to be specialized and
claim activity tends to come from the                                                        limited; a few carriers will write standalone
employment practices portion of the             Construction continues to experience a       true project policies, and a few more
coverage, where wage and hour claims            business boom and insurance capacity for     will write owners protective professional
continue to be troubling. The addition          architects and engineers (A&E) coverage is   indemnity (OPPI). There is very little
of more protective federal, state and           growing. Claim frequency is trending down    appetite for small project policies.
local laws regarding discrimination gives       and severity is trending up at the same
plaintiffs more causes of action to file        time that buyers are asking for increased    Indications are that prevailing professional
claims and, as a result, there has been         limits. More insureds are also being         liability market conditions will hold,
continued claim activity on employment          required to carry E&O via contract.          with low pricing, broad forms, and low
practices coverage.                                                                          retentions across most sectors with some
                                                Rates for traditional, low-risk A&E firms    key exceptions to note. In this market,
In other areas of private D&O, claim            continue to be soft and competitive with     specialization is important to achieving
frequency continues to be a concern.            job-specific excess available for the right  growth.
Policies generally include full entity
coverage and limited exclusions, which
results in insurers covering unanticipated
alleged wrongful acts that may not be

• London remains extremely competitive in E&O/D&O.
•	 Banking, insurance, and lawyers are the most challenging classes to insure.
•	 Demand for A&E coverage is growing with the building boom, with rates competitive for most firms.
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