Stay informed on emerging issues and trends in the insurance industry.
Finding coverage for an experienced motor carrier with an above average safety history should be an easy task. However, coverage is often determined by the way a risk is presented - and interpreted. Usage of tools like Central Analysis Bureau (CAB) reports are critical not only to understanding a motor carrier’s risk but also to identifying what further actions need to be taken to research items in question. This article highlights common issues that raise questions when reading a CAB report.
Social inflation is an issue that continues to gain intensity. The term describes the convergence of societal and legal trends resulting in increased litigation and larger jury awards. As these cases are tipping in the plaintiff’s favor, social inflation is adversely impacting insurance capacity and increasing pricing. This article explores the issues driving social inflation, mitigation strategies and what the future holds for impacted sectors.
Despite the ongoing pandemic and hard market pressures, the London marketplace has demonstrated its resilience. In the Q4 State of the London Market report, our London specialists at THB take a closer look at what's happening at Lloyd's and examine market conditions across several segments.
The pandemic has had a profound impact on the hospitality and service industry. This also extends to aspects of the sharing economy including short-term vacation rentals and transportation network platforms. This article takes a closer look at COVID-19’s impact on these platforms and insurance coverage implications that retail agents should be aware of.
With capacity continuing to constrict, especially in the higher excess layers, the casualty market presents many challenges to buyers. These market conditions, which are often driven by claims, are expected to continue for at least 18 months. Our Q3 State of the Casualty Market report examines these issues as well as impacts across several industry segments.
Do you know what PFAS are? Did you know that they can cause health issues and that you're likely exposed to them every day in household items and drinking water? This article explores the world of PFAS, including government regulations, exposures and coverages for the businesses and municipalities at risk for lawsuits or remediation costs.
Umbrella or Excess; Stand Alone or Follow Form. These may seem like common terms in our industry, but do you really know the difference? This article takes a closer look at various Umbrella policies, debunks common misconceptions and helps you determine which is best - before a claim is denied.
Warehouse Legal Liability is a complicated line with many gray areas and multiple interpretations of its coverages. This article discusses coverage triggers, legal vs. contractual liability and the importance of warehouse receipts.
In the current economic climate, many small businesses are struggling and some may even fail. Despite these challenges and the continued hardening market, there is opportunity for retailers to write and retain business. This article provides guidance on navigating the complex small business marketplace and helps retailers fine tune their understanding of what insurable risks will look like over the next 12 to 24 months.
Product recalls are one of the most damaging events a business may encounter. In order to effectively respond to an incident, companies must be prepared with proper risk management strategies. As policy wording varies, it's also critical to ensure your clients have the right policy type in place to appropriately address their first- and third-party exposures.
As the healthcare industry remains on the front lines of battling the COVID-19 pandemic, staying abreast of the changing landscape and how the insurance market is adapting is critical to ensure new exposures are covered and renewals are successfully placed. In this article, our specialists share what they are seeing in the Healthcare and Senior Care markets, tips for risk control and mitigation, and how to get the best results for insureds.
As a result of the COVID-19 crisis, our industry is facing a broad array of challenges that impact insureds of every size and in every industry. In the first of a series of webinars, we hear from an economist on the financial impacts of COVID-19 and what we can expect in the future. This webinar is intended to complement your conversations with clients about how to plan for the next 12 to 24 months.
This podcast features an update from John Neal, CEO of Lloyd’s, on the state of the Lloyd's market and their response to COVID-19 as well as a panel discussion with London Casualty underwriters on how they view the pandemic's impact both the Casualty sector and their syndicate's business.
The disruptive impact of the COVID-19 outbreak on supply chains is already having a pronounced effect on the world of logistics and logistics insurance. Port closures, demand surges and production shifts are requiring nimble response to keep up with change. This article arms insurance brokers with the information needed to understand the changes taking place and plan for what is likely to occur in the months ahead.
For decades, the logistics insurance market has been considered a sub-market of the cargo or ocean marine market. However, the continual rise of e-commerce and its effect on the global supply chain has carved out a complex and expansive industry niche. This article provides insight into the various lines of coverage, the specialized underwriting approach, and rate surges within the U.S. logistics insurance market.
During the COVID-19 pandemic, Lloyd’s remains open for business and syndicates have successfully transitioned to working from home. However, there are notable changes in how the London market is approaching business. In this article, specialists from THB, AmWINS’ London broker, share their insight on consistent themes across the London Market as well as updates on various lines of business.
There have been a lot of questions regarding COVID-19, in particular about coverage and claims handling. This claims advice is intended to offer guidance to help our retail clients through these difficult times.
Public entities are facing a climate of change as the market continues to harden and insureds are faced with double-digit rate increases in property and liability. Contributing to this disruption are statute of limitation changes for sexual abuse victims, which have extended or removed the time limit for which a victim can file a claim. This article examines the impact of increased claim activity and discusses considerations that need to be made to better manage costs during this time of uncertainty.
The disruption to business and everyday life caused by the coronavirus (COVID-19) pandemic is resulting in an economic impact for insureds. Much of this disruption is likely not covered by insurance. We have consulted with several AmWINS insurance specialists across the Property, Casualty and Professional Lines sectors and offer a COVID-19 update.
The claims process can be long and complicated, particularly in the London market, where syndicates operate under the Lloyd’s of London corporate “umbrella.” AmWINS’ London broker, THB Group, handles over $1 billion in claim payments through their award-winning claims team. In this article, THB’s Director of Claims Iain Lebbell explains the role of the London broker and how to navigate the complex claims process at Lloyd’s in order to achieve the best results for your insureds.
The use of controlled insurance programs (CIPs) in construction projects has become increasing popular in both the private and public sectors. CIPs provide insureds with many advantages, including streamlined risk management in projects where it would otherwise yield insufficient, inconsistent, or redundant insurance coverage. This articles examines the advantages and disadvantages of CIPs, OCIPs and CCIPS and when its makes sense to utilize them for your clients.
Over the last few years, the legal cannabis industry has seen rapid growth and had a significant impact on the U.S. economy. With states continuing to legalize its use, insurance needs for cannabis-related businesses are becoming a popular topic of discussion. This article examines the evolving cannabis industry by exploring five key issues impacting coverage.
The use of drone technology in the construction industry can revolutionize the lifecycle of a project and provide a contractor with a competitive edge. With the significant increase in the usage of drones, it's important that contractors employ sound risk management strategies and analysis in order to protect their business. This article explores the benefits of utilizing drone technology, associated risks, and legislative issues, as well as insurance coverages to consider.
The complicated nature of claims filed under the United States Longshore and Harbor Workers' Compensation Act can create confusion and frustration among employers. In this article, the Director of Claims at The American Equity Underwriters, an operating company within AmWINS Underwriting, addresses some of the more sensitive questions related to fighting or denying claims.
The term “freight forwarder” doesn’t have a singular definition; rather, freight forwarders are identified by the services they provide and the geography in which they operate. Coverage for Freight forwarders is equally complex and includes numerous coverage forms to account for all types of exposures. This article details the various types of freight forwarders, how the services they provide can impact coverage needs, and key factors to consider when working with a carrier or MGA partner.
As the U.S. economy continues to move forward, one of the fastest-growing industries is Logistics and Freight Forwarding. With more and more Freight Forwarding startups entering the space, it is becoming a highly competitive environment. Added services, such as Shipper’s Interest policies, can be a key differentiator and competitive advantage for a forwarder. This article provides insight into the benefits of offering a Shipper’s Interest policy and how it differs from a Cargo policy and other essential coverages.
As the market for habitational casualty insurance continues to harden, both primary and excess carriers are being more selective, raising prices and attachment points, and are increasingly unwilling to consider risks with claim-frequency issues. Given these conditions, insureds can potentially reduce their claims expenses by moving from a deductible to a self-insured retention (SIR) program. This article explains how an SIR works, the types of insureds that can benefit from taking control of their claims management, and the benefit of partnering with a TPA to handle the administrative component.
Anti-stacking provisions are designed to ensure that an insurance company will not apply multiple sets of limits to a single loss event. These provisions can have a significant impact on claims and may be designed for application to intra-policy and inter-policy loss events as well as deductibles. Through various examples and scenarios, this article explains what anti-stacking provisions are, how to identify them in a Property, Casualty or Professional Lines policy, and what they mean to policyholders.
The explosive growth of the sharing economy – businesses offering goods and services through digital platforms that match consumers and providers – presents tremendous opportunity for retailers to market insurance and risk management services to a new breed of businesses. However, the regulation of shared-services is complex, continuously growing and can vary at the state and local level. This article provides insight into the regulations and laws impacting insurance for this industry and key questions to ask when considering the right insurance program for your sharing economy customers.
In November 2018, the FDA released new guidance on how and why it will utilize its statutory power to mandate recalls under the Food Safety Modernization Act (FSMA). To adapt to the new requirements, companies face a financial burden related to improving technology and allocating appropriate labor. This article provides insight into the FSMA and the importance of an insurance policy that responds to government intervention and mandated recalls.
As we head deeper into the first quarter of 2019, one thing is clear: changes are coming to the insurance marketplace that buyers and brokers alike will experience as the year progresses. Carriers are feeling pain, not just in commercial auto and problematic property sectors, but across many other areas of property and casualty as well. This is leading to a reaction that we’ve already begun to see and that was recently highlighted at the 2019 Wholesale & Specialty Insurance Association (WSIA) Underwriting Summit.
When the housing market crashed in 2008, many people turned their secondary homes into income-producing properties. The need for specialized insurance for short-term vacation rentals was recognized with the introduction of online booking websites such as AirBnB. However, standard homeowners insurance policies provide minimal coverage for business activities in the home. This article identifies potential coverage gaps and how rental endorsements can address these coverage issues.
Construction contract negotiations, which determine the kind and amount of insurance required for a construction project, can be time-consuming, complicated and frustrating. Project owners require contractors on a project to name the project owner as an additional insured on the contractor’s casualty insurance program. It's important that both project owners and contractors understand the coverage provided by these additional insured endorsements. This article discusses four common ISO additional insured endorsements related to commercial general liability policies purchased by contractors, including their limitations, conditions and exclusions.
Speed, efficiency, and customer service are essential to earning program business, especially in the current competitive environment. Learn more about changes in the underwriting program space in the Q3 State of the Market report.
A common complication during the claim process is the late reporting of claims. In some cases, a late claim can put the agent or broker's own E&O policy in jeopardy. There are many reasons for missing a reporting deadline; however, in most cases, they will not matter to the insurer or the courts. This article discusses typical claim reporting requirements, common causes of late reporting, and recommendations to mitigate the risk of late notice claim denials.
Due to the Doctrine of Negligent Entrustment, the consequences of allowing an employee with a poor driving record to operate any motor vehicle for work purposes extend beyond a possible traffic violation or accident. These seven tips will help you to proactively manage your drivers and maintain your CDL files as part of your fleet safety program.
The number of food contamination recalls continues to grow at a record-setting pace. In large part, the exponential increase in food recalls is a result of government regulatory bodies’ growing use of Whole Genome Sequencing (WGS) to identify the source of the contaminants. This article discusses the revolutionary impact of WGS on the food production industry.
While insurance may protect a tenant against subrogation by a landlord’s insurer, the liability of the tenant to the landlord is ultimately a question of law. As a result, any defense to a tenant’s liability is the practice of law. Learn the importance of consulting qualified legal counsel regarding questions of tenant liability, including the consideration of the various approaches to limiting that liability to the landlord.
In today's sharing economy, millions of people rely on strangers to provide services and goods to them through various online platforms, such as Uber. Sometimes, however, problems can arise within the corporate structure of the sharing platform itself or arise out of the exchange. As a result, adequate insurance is an important consideration for those who wish to engage in the sharing economy.
The Commercial General Liability policy (CGL) is an essential factor in the equation that consists of building planning, financing, construction, operation, and protection from risk. Standard ISO form CGL policies contain an insuring clause subject to long-standing exclusions, which have been the subject of interpretation and case law over the years. This article focuses on the operation of the form’s exclusions j, k, and l.
Owners and developers involved in construction projects must deal with the inherent risks involved with such projects. Their options are typically limited to avoiding, assuming, controlling/mitigating, or transferring the risk. This article addresses the most common risk transfer options.
Arbitration is becoming a frequently preferred method for dispute resolution, especially in commercial matters and those involving consumer contracts. While there are many positives to arbitration, there are also drawbacks. This article discusses the basis and background of arbitration and current trending and emerging subjects.
The Federal Motor Carrier Safety Administration mandate which requires nearly all U.S. truck operators to use electronic logging devices (ELDs) to track duty status has been upheld in court and will take effect December 16, 2017. The mandate will impact not just the trucking industry, but the trucking insurance sector as well.
With ample capacity in nursing home and long-term care liability insurance, competition remains strong among carriers. However, the convergence of three separate events are threatening to create a perfect storm in the marketplace.
For 10 years, rates and retentions for self-insureds have been steadily (sometimes drastically) increasing. The good news is there's a way to fight the increases, though it has little to do with insurance.
Multi-family real estate insurance has become a difficult class to place - many markets have either exited the space or tightened their guidelines. Here are three ways that you can help present risks in the best possible light for underwriters.
P&I insurance, which is liability coverage for vessel owners, is subject to many exclusions and special conditions. Often, we see instances where the P&I insurer declines defense and indemnity in cases involving injuries to crew members. Here's a closer look at why.
During and after a construction project, commercial general liability and project-specific policies may not fully protect building owners against any and all risks faced. This article addresses two unique areas which should be carefully considered to ensure proper coverage.
Ingredient manufacturers sell their product to other manufacturers who use it to make other products, some of which are ingredients themselves. This positions ingredient manufacturers uniquely in the event of a recall, since they may need to indemnify large financial losses sustained by multiple third parties.
Responding in large part to the increase in construction defect litigation, the state legislatures have enacted provisions to provide certainty and to limit the time in which a party may bring suit for a defect claim. In this article, we discuss the importance of understanding the applicable statutes of limitation and statute of repose for a given jurisdiction, as well as the interplay of those statutes with other provisions.
When a U.S. maritime worker leaves the U.S. on temporary overseas assignments, are they still covered by the Longshore Act (USL&H)? Or are they covered by state workers’ compensation laws? The short answer is: it depends.
In the first article of our two-part series, we provide a background and introduction to sustainable construction, including essential vocabulary that parties should consider before undertaking a "green" construction project.
Many business owners and operators incorrectly assume that their general liability policy will cover them from pollutants and bacteria, such as legionella. In reality, to properly cover such exposures, an Environmental Impairment Liability policy should be purchased and considered a cost of doing business.
An evolving and dynamic area of law, “right to repair” statutes require homeowners to notify builders of claimed defects and to provide them with an opportunity to repair the defects before taking legal action.
During a construction project, much of the risk is with the contractor. However, the owner of the project also has the potential for liability. Give your clients more adequate protection during construction with an Owner’s Interest policy that includes extended completed operations insurance.
Motor carriers must continually battle the Safety Measurement System (SMS) and the public misperception its data creates, which often leads to higher premiums and difficulty obtaining coverage. Is there a clear solution to the problem?
Liquor liability is a complex coverage that is becoming increasingly difficult to procure, but with a proper understanding of the type of risk, venue and location, you can more effectively position your clients for success with underwriters.
When it comes to writing insurance requirements for contractors, there is a delicate balance to strike: protect insured interests while being reasonable and clear to contractors. This article discusses the importance of diligence in overseeing and enforcing such contractor insurance requirements.
Litigation over whether a Commercial General Liability (CGL) insurance policy provides coverage for faulty workmanship claims is rapidly evolving. This article discusses situations where faulty work is considered an occurrence, when "property damage" becomes a factor, and how the "your work" exclusion and the subcontractor exception applies.
An endorsement like a CG 20 37 or similar can help provide options for completed operations coverage for additional insureds that might otherwise be overlooked or unavailable.
Additional insured endorsements are not a universal remedy and coverage is contingent on making sure a written agreement or contract is in place, with the named insured specifically adding the people or organizations included.
Obtaining coverage for Exterior Insulation Finish Systems, or EIFS, use can be a challenge. That's why understanding the intricacies of these commonly used building applications are so critical.
In part one of our article series, AmWINS and Rockhill Environmental teamed up to show some examples that can lead to a loss. Now, in Part II, we outline some leading questions to help clients determine environmental exposure.
From a simple slip and fall claim to a complex bodily injury or damage to aircraft claim, airports of all sizes are subject to substantial liability. Aircraft and airport operations seem to be very routine in nature, but when the unexpected loss occurs, proper coverage becomes very important.
The extent to which the contractual liability exclusion applies can vary, depending on geography, the applied agreements and even the level of liability that can be imposed under general law. While each case may be unique in its own right, it’s important to examine the variables that can factor into claims to see in which capacity contractual liability exclusions could apply.
A close look at a garage liability policy will likely reveal a number of coverage gaps and exposures that could have a dramatic impact on balance sheets in the event of a claim. While these packages are the industry norm, identifying potential gaps and the stand-alone solutions that can supplement the garage package policy will go a long way in helping protect clients before it’s too late.