Insight

Directors’ & Officers’ Liability Insurance: Is the Market Softening?

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When commenting at the beginning of 2022, we expected the UK Directors’ & Officers’ (D&O) market to soften throughout the year. This has definitely proved to be the case.

The change in insurer sentiment and the increase in available capacity was marked, providing insureds with the ability to market their programmes and re-balance some of the premium increases applied as the D&O market reached its peak. Any over-priced or excess layers with inverted pricing could be replaced, driving meaningful savings.

Despite the overall softening, insurers do still have some concerns around those UK sectors most impacted by the pandemic. Proactive early insurer engagement is key for companies in these sectors, as it provides sufficient time to address insurers’ concerns and structure reasonably priced renewals.

Do we expect that this softening of the market will continue?

The rapid softening in 2022 was driven by an increase in market capacity with insurers looking to capitalise on the rating environment and a relaxing of their underwriting criteria given that the pandemic related ‘armageddon’ moment didn’t happen (or hasn’t yet happened). During Q1 2023 we expect the current levels of competition to continue with ongoing premium reductions. However, beyond that insurers should have re-set their somewhat over-optimistic growth forecasts.

Looking more broadly at the multiple headwinds that we are facing, it would seem incongruous for the D&O market to continue to soften:- 

  • Inflationary pressures – some commentators believe we could be in for a period of hyper-inflation, with the potential for civil and social unrest on the back of the ‘cost of living crisis’ that is unfolding.  
  • Recession is seemingly unavoidable.
  • End of ‘cheap’ debt financing, just at the point where companies are dealing with increasingly leveraged balance sheets post-Covid.
  • Depressed stock markets – limiting IPO funding opportunities.
  • Ongoing supply chain pressures
  • Delayed insolvencies – furlough and other government support schemes skewed the level of insolvencies. Government statistics show that UK company insolvencies increased substantially in Q2 2022 and are currently higher than pre-pandemic levels[1]. D&O Insurers will be concerned about the potential knock-on effect of this trend. Plus there is well over £1bn of capital in the UK litigation funding market which will no doubt drive litigation levels[2].
[1]https://www.gov.uk/government/statistics/monthly-insolvency-statistics-june-2022/commentary-monthly-insolvency-statistics-june-2022[2]https://www.globallegalpost.com/news/uk-litigation-funders39-war-chests-hits-pound1-billion-92211385

Considering all of the above, we are expecting D&O rates to stabilise as we move through 2023, with an expected premium rate range of flat to less 10%.

 

 

 

Kurt Rothmann

Kurt Rothmann

Executive Director