Category: Borg News

New technologies are being introduced into our lives on a daily basis. As part of the green wave of technologies, electric vehicles (EVs) are in high public demand and in some states, a requirement of future auto sales.

While auto manufacturers and infrastructure development companies ramp up development, insurance carriers are keeping a close eye on new exposures and unintended consequences that could arise out of these new technologies.

Since these technologies are still relatively new, loss data is not conclusive enough for actuaries to pinpoint the new risks associated with EVs and their respective charging stations. However, there are a few critical aspects industry experts say to keep in mind when assessing the risks associated with EVs.

Cyber Threats:

An increased concern for EVs Charging stations are vulnerable to cyber hacking. Electric vehicles rely on data, software, sensors, and artificial intelligence to coordinate operational systems. This connectivity comes with cybersecurity dangers from malicious attacks, hacking, data compromise and system outages. Cyber risks can differ depending on how “smart” the charger is.

For instance, if the charger can be controlled remotely an additional access point exists for malicious actors to gain access to the charging station and the vehicles it connects with. Hacking risk also varies depending on whether a charger is installed at home or a public location. Should a breach to the charger occur, the entire network could be at risk.

Garaging & Charging EVs: It’s hotter than you think!

Many homeowners are likely to keep their new electric vehicle stored in their garage. While unlikely, fires have unexpectedly occurred caused by the vehicles’ lithium-ion batters. Unlike customary internal combustion vehicles, which burn around 1000 degrees Fahrenheit, fires from EV batteries burn at temperatures around 3000 degrees. Many fire departments, especially volunteer companies, do not have the equipment, man power, or water supply to extinguish fires from EV batteries.

More alarming are the EVs that are garaged in parking structures where residents live above. Local codes may require sprinkler systems installed in such developments. However, some systems may not offer the necessary water capacity sufficient for this new exposure. Even worse, older developments may not have sprinklers altogether.

It is also worth noting, many EV battery fires have a high potential of reigniting even after being extinguished for several hours. An EV’s connections and wires from the supply to the vehicle also pose increased hazards. A widely unknown exposure is many EV batteries emit hydrogen gas when charging. This could further exacerbate the fire hazard, especially in poorly ventilated garages. Additionally, concentrations of hydrogen gas pose a life safety hazard when inhaled a greater concentration.

Charging Stations: Around the property

Charging vehicles naturally puts a higher strain on your home, building, or community association’s electrical systems. Additionally, exposure of high voltage electric shock to users when handling the cables now becomes an exposure that did not exist just a few years ago. The cables used for electric vehicles are larger and heavier than typical electric cables. These cables present a considerable tripping hazard. Poor positioning of the charging station can lead to cables being laid across pavements or to hang with the potential to cause injury and/or damage to the EV and charging apparatus.

Now What?

Most insurance carriers have not made any changes to their policy forms or appetites…yet. The insurance industry is monitoring data and how these new technologies develop. Once enough data is available and trends can be established, its only inevitable the industry will respond.

Until then, implementing a few loss control measures to prevent unforeseeable losses is in your best interest. Below are a few recommendations we have prepared to best protect your assets and community

• Check with local building codes and speak with an engineer (especially if underground or garage charging is done) to verify the structure has proper ventilation and can withstand the temperatures of an EV fire.
• Speak with your local fire department and sprinkler companies to see if they have any concerns specific to your building and location.
• Shared outdoor charging stations should be installed at least 25 feet away from buildings.
• Develop a plan in the event of an emergency should someone receives a high-voltage electric shock.
• A maintenance plan should be in place to prevent any additional concern of electrical fires.
• If it is necessary to run a cable across a walkway, look to invest in a cable protector that allows people to walk over the cable lying flat as well as protecting it from damage.
• Speak with a representative or the manufacturer of the charging station to understand how communication and data is relayed with the device, if any at all.

New technologies bring about new exposures. Time will tell how the insurance industry will react to the public’s interest of electric vehicles. Until then, monitoring the hazards, assessing the risks, and implementing practical risk management strategies will allow early adopters to enjoy the latest gadgets and software.

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Over the last three years, policyholders have experienced one of the hardest markets the insurance industry has seen in over 15 years.  A perfect storm of factors included supply chain issues, nuclear jury verdicts, inflation, and natural disasters to name a few. Of course, a global pandemic acted as the catalyst of it all. The good news is that 2024 brings some new hope for relief.

The hardened market from 2020-2023 led reinsurance carriers to do more with less. Underwriters tightened capacity, increased attachments (deductibles) for insurers, and reduced risk appetite.  After experiencing losses five of the last seven years, this approach resulted in a profitable year for the largest reinsurance carriers.  Fitch Ratings reported global reinsurers posted a 21% return on equity in 2023.  This is up 18 percentage points from the prior year.

Profitability in 2023 is likely to attract additional investor capital potentially unlocking much needed capacity within the market.  In addition to new investment, retrocession or simply “retros” (reinsurance for reinsurance companies) is also becoming more available.  “When there’s more retro capacity available, eventually that makes insurance for policyholders more available and affordable,” says Bill Dubinsky, Chief Executive of Gallagher Securities.  It’s hopeful this influx of investment and retro availability will take the pressure off the premiums policyholders have been feeling over the last two renewal cycles.

Important to note, reinsurers are remaining restrictive with their appetite and keeping attachments higher.  James Victor, Chairman of Gallagher RE comments “there is a big demand for low level, frequency protection and reinsurers are really reluctant to provide that. The lessons of 2023 have shown that reinsurers really don’t want to provide cover in that area and there really isn’t any capacity in the traditional sense” Simply said, reinsurers are not looking to pick up the low level frequency losses retail insurance companies had typically been able to lay off.  As such, policyholders in the smaller and middle markets are less likely to see any benefits from the changing tide.  Same still, large market insureds won’t see immediate results either.  These restrictive treaties with the retail insurance carriers still keep premiums elevated.

“I see a property market that has bumped up against the ceiling of the hard market,” says Sean McViker, Executive Vice President of Casualty at XS Brokers, a commercial insurance wholesaler in Boston, Massachusetts. “Also, one that’s showing discipline and not racing back to old bad habits. Meaning a moderate softening over time, cautiously.”

By no means are we over the mountain. It is fair to say, the market has only climbed to reach the edge of a plateau.  Retail carriers are not rushing to change their underwriting guidelines nor turn soft on pricing.  David Preibe, Chairman of Guy Carpenter echoes this sentiment.  “We are near the highwater mark and pricing may start to moderate as reinsures seek to utilize the excess capital…. Pricing has normalized across reinsurance contracts. I feel we are headed towards a more competitive marketplace in greater optionality. Who knows, this business can change on the dime.”

What to expect:

Our research indicates policyholders should anticipate premium increases on renewals. However, the size of the increases should not be as great when compared to the past few years of renewals.  It is possible to say the hardening market is coming to an end in certain classes. How long it stays hard, is certainly another question.

“We are now approaching the inflection point of the S-curve.  How long we stay up there is a question of capital supply,” says Preibe.  The industries and coastal territories that experienced double digit percent increases on their 2022 and 2023 renewals, should see less severe increases in 2024.

While greener pastures are on the horizon, by no means are we through the woods.  One good catastrophic loss could set back the gains of 2023 and reaffirm the hard market.  At this point, time will tell if the storm clouds are dissipating or if there’s another squall ahead.

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Since 2020, insurance carriers have increased premiums due to the uncertainty the pandemic created.  Now in the post-covid era, the economic and social fall out has led carriers to significantly increase their rates.  There’s no sense of sugar coating it.  Here are the reasons why.

Spotlight on Inflation

Yes, its true, inflation has come down off its high of 9.1% in June 2022.  However, inflationary concerns have carriers concerned about underweighted balance sheets.  In late 2022, a McKinsey report estimated that inflationary costs added approximately $30 billion of unexpected loss expenses industry wide.  Increased medical, construction, repair, and overall labor costs are all driving up losses.  These increased loss expenses drive actuaries to increase rates underwriters apply to premiums.

Inflation has also driven up ratable exposures.  Many manufacturing, distribution, processing, and construction insureds are seeing their top line revenue increase, not due to having more work or producing more product, but rather increased pricing to reflect inflationary expenses.

Solution: A candid and detailed conversation with your trusted insurance professional affords the underwriters a clear picture of what’s going in on your business.  With today’s market conditions, creative underwriting and levering strong relationships are key to successfully keeping premiums manageable.

Strained Investment in the Reinsurance Space

Another critical factor driving premiums, especially in the excess casualty (liability and umbrellas) space, is the limited capital invested in the reinsurance market.  Private equity and investors have been putting less money into the reinsurance carriers because the returns have been diminishing as compared to other investment options.  The global inflationary environment has eroded returns, reducing the incentive for investment. The lower capital injected into the industry has limited coverage offering availability (supply), while the demand for umbrella / excess liability coverage has grown, thus premiums have increased.

Investors are also changing their risk appetite favoring upper tiers on liability towers.  In years past many carriers were offering excess liability immediately after the primary liability limits for around 35-45% of the primary liability premium.  More and more carriers are only interested in offering terms after the first $5MM of limits.  The limited insures now offering lead excess or “buffer layer” are now seeking 65% to 100% of the primary premium. Since 2019 excess casualty premiums are up 300-400%.  It’s becoming more common 3-4 carriers are needed to achieve the same limits of liability a single carrier could offer just 3 years ago.

Public Opinion Drives Settlements

The other reason premiums have increased is because of “social inflation” and “nuclear verdicts” when it comes to jury awards.  Some carriers refer to this as “legal system abuse”.  The industry is seeing plaintiffs file more lawsuits when compared to the last few years.  While some suits may be frivolous or unfounded, carriers are required to defend these suits, contributing to the loss expenses.

As it pertains to the excess liability and umbrella market, jurors are awarding plaintiffs significantly higher awards than ever before.  Many of these awards are breaching the primary general liability policy and impacting the excess liability & umbrella layers.  Several carriers (Travelers, Liberty Mutual, Hartford, State Farm, etc.) have reported 30-40% increases in awards as compared to a decade ago.   This is due to a few a factors.  The public sentiment of corporations and insurance carriers in specific judicial territories (Metro NY, California, Cook County, IL, Metro Atlanta to name a few) are less than favorable.  Influenced by mass / social media reporting unscrupulous business practices of some corporations, this negative public perspective influences juries, often times viewing a large award as justice against corporations or institutions.

Additionally, juries are now comprised of younger members of the populace from the millennial generation and Gen Z.  These younger jurors frequently have misconceptions about reasonable awards due to portrayals of affluence at their fingertips on every social media platform.

Lastly, the rate of information exchange is unprecedented.  Plaintiffs’ counsel, jurors, and spectators communicate the status of the case in real time, often with their respective inherent biases.  This immediate information exchange influences jurors to issue larger than normal awards.

Nuclear Verdicts and Litigation Investment

The Chubb Bermuda 2022 Report highlights the growing settlements in various sectors, including manufacturing, real estate, and construction, with some exceeding $1 billion. Parathon Strategies calculates the median verdict against corporate defendants has increased by 55% since 2010, with total corporate nuclear verdicts skyrocketing from $4.9 billion in 2020 to over $18.9 billion in 2022. The average verdict has also doubled in the last 12 years, reaching $41.1 million.

The reason this new factor is making such an impact is due to new investment in litigation funding.  This allows plaintiffs to hold out for higher settlements and additional resources to be deployed by plaintiff’s counsel to solidify investor returns.  In 2021, Chubb reported litigation funding surpassed $17 billion with no signs of slowing.

What to expect for 2024

With the insurance industry losing $27 billion in 2022, casualty carriers are seeking 8-12% increases with the expectation their own loss costs are going up 9% on average.  For habitational and construction industries, most specifically in the most litigious territories mentioned above, expected steeper increases.

The challenges facing the US Casualty Insurance Marketplace in 2023 are multifaceted, driven by inflation, legal developments, and evolving industry dynamics. It is essential for business owners stay informed, adapt strategies, and engage in open dialogue with their insurance professionals to navigate these complex waters effectively.

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The personal insurance marketplace (homeowners and automobile alike) is becoming more and more challenging due to several factors; increased cost of construction materials, supply chain & labor challenges, legal system abuse, and restricted treaties with reinsurers are just a few.  Combined with the major natural disasters the country has seen from coast to coast – forest fires & mudslides in California, Hurricane Ian in Florida, hailstorms/freeze ups in Texas, etc.- the whole industry is seeing higher premiums, limited carrier appetites, and more stringent underwriting from nearly every personal insurance carrier.

The homeowners’ insurance marketplace has proven difficult for even the largest home insurer in the country (2022), State Farm.   In late May 2023, State Farm announced they will no longer be offering new policies in the state of California.  California saw more than 7,490 wildfires in 2022.  In a statement on Friday (June 2^nd) State Farm commented, “[this market is the] hardest in a generation.”  Regardless of their 18.4% market share, pulling out of California market was a critical decision to protect the company’s bottom line. In a prepared statement, State Farm said they, “made this decision due to historic increases in construction costs outpacing inflation, rapidly growing catastrophe exposure, and a challenging reinsurance market.”

On the east coast, Florida has seen several carriers significantly reduce coverage offerings or leave the state entirely.  In 2021, 3 homeowners’ carriers suddenly departed the market leaving more than 54,000 policy holders scrambling (Southern Fidelity, Gulfstream Property & Casualty, and Universal Insurance Co of North America).   While catastrophic weather losses were a considerable factor, the driving reason for the exodus was the rampant lawsuits filed for roof damage claims by attorneys and dishonest roofing contractors, not the actual policy holders.  Many of these suits are unsubstantiated.  Nonetheless, carriers are obliged to respond, defend, litigate, and ultimately settle.  In 2020, Florida insurers reported to have lost more than $1.7 billion collectively.  Earlier this year, more than 250,000 lawsuits were filed the day before Governor DeSantis signed House Bill 837 and Senate Bill 360 into law. Both bills are designed to help reduce the number of frivolous lawsuits in the state, driving the state’s inflated insurance rates.

According to CoreLogic’s 2023 Hurricane report, NOAA is calling for 12-17 named storms, 5-9 hurricanes, and 1-4 major hurricanes to affect the United States.  While this prediction is less than 2022, this report still calls for an “above normal season.”

The Metro NY Area has 4.3 million single and multifamily homes at risk to hurricane force winds.  This exposes insurers in the New York territory to more than $2.4 trillion in damages should another major storm slam Long Island and the surrounding areas.  The coastal nature of downstate New York, Long Island, and southern Connecticut coupled with the concentration of high value homes poses a unique threat the actuaries are pricing into the market.

While one may personally never experience a loss in their individual neighborhood, insurance is a global industry.  The basic principles, the law of large numbers and spread of risk affect every policyholder, even in the most innocuous locations.

Pure Insurance Company released on May 31^st, their most affected states. While some states are seeing flat rate changes, others are experiencing double digit rate increases.  Wisconsin can expect to see a 12.9% rate increase, Michigan’s overall rate effect is 14.9%, Texas is seeing an overall rate effect of 19.9%.

SO WHAT ARE YOUR OPTIONS?

Despite these challenges, a qualified independent agent can help navigate you through the turbulent times we are seeing in the personal insurance marketplace.  Exploring coverage options from regional carriers, with limited or no exposure to catastrophe and litigious territories, could be a potential solution.  Increasing your policy deductibles is another way to stem premium increases.  Also consider securing coverage for your home and auto with the same carrier.  The carriers’ multi policy discounts could mitigate premium increases.  Nonetheless, a candid conversation with your trusted broker about your assets, exposures, and risk tolerance is the best way to ensure you maintain the peace of mind you rely on should disaster strike.

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