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Liability insurance market trends 2023

If you purchase public or products liability insurance to help protect yourself and your business from third-party claims made against you for personal injury or damage to property – whether someone injures themselves on your premises or as a result of a defective product you provide – this liability insurance market update is for you.

Check out our video with Marsh casualty insurance expert Simon Gaunt, who shares key highlights on the Australian liability (casualty) insurance market, including:

  • Premium impacts
  • Coverage and underwriting trends
  • Some challenging areas
  • Tips on how you can achieve the best renewal results

This insurance market update is part of a bigger report that we publish once a year, which covers a wide range of insurance types including liability, financial and professional lines of insurance and much more – if you’re interested in reading the full Australian Mid-Year Insurance Market Update for 2023, you can download it after the video and transcript.  

Generally speaking, the Australian liability insurance market continued to face challenging conditions in the first half of 2023. This was primarily because the cost of settling claims was higher (ie claims inflation) and liability insurers having to pay more for their reinsurance costs. More positively, insurers are still competing for new business, which is good news for insurance buyers.

Let’s take a closer look.

Scroll down to download the full report.

Transcript

The Australian liability insurance market continues to face challenging conditions in 2023, with profitability and claims inflation driving market uncertainty.

Premium impacts: In the first half of this year, we saw liability premium increases between 5-15%. In some cases, competition through the introduction of new capacity and restructuring programs has helped to moderate these increases.

Key coverage and underwriting trends: ESG considerations remain a key element of the underwriting process, and insureds must continue to demonstrate a clear strategy in this space. Some insurers have reduced their capacity or restricted coverage in certain industries as a results of their own ESG journey and commitments. Further, per- and polyfluoroalkyl substances (known as PFAS) are also coming under increased scrutiny.

Challenging areas: Power and utilities (particularly bushfire and dam exposures), US exposures, rail, concussion in sport and abuse cover in ecclesiastical sectors  are some of the areas that continue to be impacted by challenging market conditions. For particularly challenging industries and risks, insureds are buying higher limits in an effort to ‘future-proof’ their insurance programs.

Improving renewal outcomes: We expect premium increases to continue into the year as insurers attempt to protect profitability from claims inflation. More positively, new capacity and appetite for growth are expected to generate more competition in the market. Insureds who can demonstrate maturing ESG frameworks will be viewed more favourably by insurers. Those with challenging risks will need to demonstrate proactive risk identification and management to help insurers become comfortable during the underwriting process.

Download report: For more liability market insights or other insurance classes, please download our full report.

Conditions within the Australian financial and professional lines insurance market continued to improve in 2023, particularly for insureds with a good financial position and a clear pathway through the current inflationary environment.

Directors & officers liability insurance: The Australian D&O market saw a much welcomed reprieve in 2022 following years of significant pricing increases and reduced insurer appetite. Key drivers for this market shift were subdued claims activity and insurers’ focus on growth. Average D&O premiums reduced by 10-25% in the first half 2023. Some ASX listed clients are starting to replenish their Side C cover, after years of reducing cover due to cost and availability. Despite generally favourable buying conditions, insurers continue to scrutinise heavily on ESG, solvency, inflation and supply chain disruption.

Professional indemnity insurance: The PI insurance market’s experience has been varied. Challenging risks and professions such as design and construct, engineering, financial planning and some financial institution risks continue to be scrutinised by insurers at renewal. Outside of these, premiums generally moderated in the first half of 2023, increasing on average by 0-10%.

Crime insurance: The crime insurance market remained relatively stable. Claims activity was largely due to social engineering frauds, for which most crime policies provide only limited cover. Large traditional crime losses have been relatively rare. Premiums increased by 0-15% in the first half of 2023.

Medical malpractice insurance: Capacity and policy coverage remained stable in the medical malpractice market for most healthcare risks across the registered health professional and allied healthcare sectors. Pricing continued to moderate, and increased 0-5% on average in the first half of 2023. Risks with complex presentation exposures such as hospitals, obstetrics and reproductive health, experienced higher premium increases of 10% or more. COVID-19 has increased claims in the general practitioner sector, while social inflation is putting pressure on premiums across the healthcare sector.

Improving renewal outcomes: To take advantage of favourable market conditions, clients may wish to consider replenishing policy limits, exploring alternatives or entering long-term agreements  where offered, particularly in the D&O market. Starting your renewal strategy early is key, allowing adequate time for your broker to negotiate and achieve the best possible outcome for you.

Download report: For more FINPRO market insights or other insurance classes, please download our full report.

Australian Mid-Year Insurance Market Update for 2023

For more detail on the liability (casualty) insurance market and other types of insurance – property, financial and professional lines, cyber, construction and more – check out our full report.

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This publication is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Marsh shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors.

Marsh Advantage Insurance Pty Ltd (ABN 31 081 358 303, AFSL 238369) (“Marsh”) arranges the general insurance (i.e. not the Discretionary Trust Arrangement) and is not the insurer. This page contains general information and does not take into account your individual objectives, financial situation or needs. For full details of the terms, conditions and limitations of the covers, refer to the specific policy wordings and/or Product Disclosure Statements available from Marsh on request. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or re-insurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. The Discretionary Trust Arrangement is issued by the Trustee, JLT Group Services Pty Ltd (ABN 26 004 485 214, AFSL 417964) (“JGS”). Any advice or dealing in relation to the Discretionary Trust Arrangement is provided by JLT Risk Solutions Pty Ltd (ABN 69 009 098 864, AFSL 226 827) (“JLT”). JGS and JLT are businesses of Marsh McLennan. The cover provided by the Discretionary Trust Arrangement is subject to the Trustee’s discretion and/or the relevant policy terms, conditions and exclusions