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Reactions Mixed to FIO Modernization Report

On December 12, 2013, the Federal Insurance Office released its report on how to modernize the United States insurance regulatory system. The report had been long awaited by the insurance industry, so it comes as no surprise that many in the industry have responded to the report’s findings. So far, reviews are mixed.

National Association of Insurance Commissioners:

“The Dodd-Frank Act established the Federal Insurance Office (FIO) within the Treasury Department and makes clear that FIO is not a regulatory agency and its authorities do not displace state insurance regulation.  While we appreciate FIO’s suggestions for improvement, the states have the ultimate responsibility for implementing regulatory changes.”

Independent Insurance Agents & Brokers of America, Inc.:

“While we agree with the report’s conclusion that insurance regulation could be improved and modernized in certain areas, we strongly believe that any federal action should be targeted and limited with day-to-day regulation left in the in the hands of state officials. The state-based system of insurance regulation has served consumers and our economy well for decades. The Big ‘I’ strongly supports the continued preservation of this system and is ardently opposed to any direct infringement by the federal government.”

National Association of Professional Insurance Agents:

“As a strong supporter of our successful state-based system of insurance regulation, we are concerned that the FIO report may be driven by assumptions and assertions that do not hold up to scrutiny. Many of FIO’s assumptions appear to have been contradicted by a Government Accountability Office (GAO) report that concluded that the state insurance regulatory system worked well to help mitigate the negative effects of the 2007-2009 financial crisis on the insurance industry.”

American Insurance Association:

“The Report provides a valuable guidepost for collectively working toward improvements that lead to greater regulatory effectiveness, efficiency, and marketplace competition.  The overall objective of modernizing and improving U.S. insurance regulation should be to promote the growth of healthy, competitive private insurance markets at home and abroad that will ultimately benefit and protect insurance consumers while emphasizing safety and soundness.  The FIO Report affirms these essential goals.”

RIMS:

“RIMS strongly supported the creation of the Federal Insurance Office as a first step toward needed federal regulation of the insurance market. There is no question that commercial insurers, producers and policyholders would benefit from more consistency and uniformity in terms and conditions when insurance is purchased from a single insurer.  Opportunities to streamline the insurance purchasing process are a priority for this Society and we’re happy to see the FIO make progress to enhance regulations.”

There is obvious tension between the FIO and many in the industry over what exactly the FIO’s role is and should be going forward. Now that the report has been released, it will be interesting to see what the FIO’s next steps are. Many government issued reports are released and never heard from again. It remains to be seen if the FIO’s report meets that same fate.

Jan. 1 Reinsurance Renewal Rates Drop

New capacity, rate reductions and competition are a few factors contributing to a softer market and an 11% drop in reinsurance rate on line—a calculation of reinsurance premium divided by reinsurance limit—almost across the board, according to Guy Carpenter.

Much of this was driven by a decline of 15% in the United States, while property catastrophe pricing in Continental Europe and the United Kingdom fell by 10% and 15%, respectively, Guy Carpenter said.

Willis Re said in its “1st View” report that soft market conditions are not unique to the property catastrophe market. The report found that “with few exceptions rates are down on most lines at Jan. 1.”

Key influences on the Jan. 1 renewals were over-capacity and a number of other converging factors. “Rate reductions, new capacity, new market entrants, low interest rates, greater retention of reinsurance premiums by large buyers, diminishing reserve releases, expansion in terms and conditions and the increasing tempo of regulatory oversight” were issues facing reinsurers entering 2014.

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New capital from non-traditional capital market sources has grown to reach $50 billion. Compounding the situation, reinsurers are seeing lower demand from buyers, the report said.

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Peter Hearn, Willis Re chairman said in a statement, “Faced with these market headwinds, reinsurers are adopting a variety of strategies. Larger reinsurers are using their balance sheet strength and technical ability to offer more capacity and more complex, multi-class, multi-year deals. Others are expanding into specialty lines and many have developed multi-channel capacity offerings seeking to use their underwriting expertise to deploy capacity on behalf of capital markets. Additionally, we have seen the rise of pooling arrangements that give smaller reinsurers the opportunity to access business they might not otherwise see in their local markets.

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The United States is seeing a softening market as increased capacity from non-traditional capital providers and retained earnings from a benign catastrophe year pressures traditional reinsurers to offer significant price reductions to compete for business.

Also in the U.S.:

• Risk-adjusted price reductions are being seen in all sectors

• There are wide variations for regional and state specific programs, depending on loss experience and reliability of vendor models

• Multi-year contracts and market facilities are becoming more routine for reinsurers wishing to lock in business

Plan Ahead for Holiday Party Risks

Holiday office parties are a good opportunity to bring employees together, but they present potential risks for organizations. With social media added to the mix, even slight misconducts can be amplified if they go viral. What might have been an embarrassment handled quietly by a company can quickly become a reputation issue.

According to an article by Lloyd’s, the addition of social media “can seriously impair a company’s ability to manage a crisis,” said Eric Alter, Risk Consultant at Marsh Ltd.

“Social media and business entertainment can be a challenging mix—whether it is a sales conference, awards dinner or a Christmas party—the use of social media in the work environment has to be carefully considered,” he said, adding that websites like Twitter, Facebook and Instagram enable almost instant sharing of information, but even email can cause problems. An employee intending to send a funny email to a coworker, for example, could accidentally send it to clients.

Steve Adcock, Underwriting Manager at QBE Europe observed that alcohol can lead to a heightened risk of inappropriate comments, behavior or even assault. “People can lose their inhibitions and may not think about what they say or do,” he said. “Employees will not always get along at the Christmas party. Disagreements can lead to hurt feelings through to a potential assault.”

Paul Griffin, Head of Employment and Labor at international law firm, Norton Fulbright cautioned that an employer is liable for the wrong doings or injuries of their employees, unless they can show they have taken all reasonable steps to prevent them.

To protect themselves and their employees, organizations need to advise staff attending a party that the usual company rules still apply, Alter advised. “A company policy should make it clear that any event that is associated with work should be treated as work, and that the social media policy continues to apply.”

OneBeacon Professional Insurance noted in “A Guide to Minimizing Risk at Company Holiday Parties,” that because of the infrequency of company-sponsored holiday events, liability risks are often overlooked. Concerns such as liquor consumption, premises safety and security, discrimination and food borne illness are just a few of the issues that need to be addressed to help prevent injuries or even harassment.

According to the report, any accidents or injuries occurring at company events may be considered work-related and could possibly be subject to workers compensation.

To help avoid safety mishaps OneBeacon advises:

• When using a venue away from the office, inspect it to ensure it meets safety standards. Note exits, emergency lighting and whether there is flooring to prevent slips and falls, particularly if there is a chance of bad weather.

• Consider the effects that weather may have on safe travel to and from the party. Special considerations may be needed to keep sidewalks and parking lots clear if the event is outside of normal business hours.

• Think about potential security needs, especially if the event is in an unfamiliar neighborhood or of the venue is closed to the general public.

• Keep an eye on party-goers to ensure that no one wanders off or goes to a car or parking garage alone after dark.

• Have an emergency plan in place in case someone is injured or needs medical assistance. Find out the location of the closest hospital and whether anyone can perform CPR or use a defibrillator.

• Review situations for employees with disabilities who may require special attention. For example, if a disabled employee must use a wheelchair, check that there is a safe entrance, navigate the event and know how to deal with a possible emergency.

Disaster Losses Down From 2012

Windstorm Xaver: Model shows a large area of high winds in the lower atmosphere pushing waters of the North Sea into the coasts around western Europe.

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Courtesy WeatherBELL Analytics.

Natural catastrophes and man-made disasters worldwide reached $44 billion in insured losses in 2013—down from $81 billion in 2012, according to a Sigma preliminary report by Swiss Re.

The study found that total economic losses from disasters in 2013 totaled $130 billion and 25,000 lives were lost. Hurricane Haiyan alone, which hit the Philippines in November with record-breaking winds, claimed more than 7,000 lives. In 2012 total economic losses were $196 billion and 14,000 lives were lost.

Flooding in central and Eastern Europe in June 2013 created overall losses of $18 billion, with insured losses estimated at $4 billion, according to the report.

In the United States, severe spring and autumn weather spawned thunderstorms and deadly tornadoes.

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While this caused devastation of personal and commercial properties and heavy losses to the insurance industry, the 2013 North Atlantic hurricane season proved to be benign, the report found.

Alberta, Canada in June experienced flooding caused by heavy rains. Insured losses were about $2 billion—the highest ever recorded in the country for any disaster.

The most costly insured catastrophe losses in 2013

Date Insured losses
(US $B)
Economic losses
(US $B)
Event Country
1 June 4.1 18.0 Floods Germany, Czech Republic
2 July 3.4 3.8 Hailstorm Andreas Germany, France
3 June 1.9 4.8 Floods Canada
4 May 1.8 3.2 Severe thunderstorms, tornadoes US
5 March 1.6 2.2 Thunderstorms, tornadoes, hail US
6 May 1.4 2.0 Severe thunderstorms, tornadoes, large hail US
7 October 1.4 2.7 Windstorm Christian Germany, Denmark
8 April 1.1 1.6 Snow storm, ice, tornadoes, heavy rains US
9 December 1.0 1.4 Windstorm Xaver UK, Denmark
10 January 1.0 1.5 Floods caused by Cyclone Oswald Australia

Swiss Re Sigma preliminary estimates