Resources + Insights

State of the Market - Q1 2023

While some segments are seeing softening, others face the hardest market conditions in decades. In this State of the Market report, Amwins specialists share market intelligence spanning rate, capacity, and coverage trends across lines of business and industries.

Navigating Health Hazard Exclusions in Cannabis Product Liability Policies

Product liability coverage without restrictions for any disease, illness or health condition should be the clear preference for all insureds, but the absence of a health hazard exclusion from the forms list does not necessarily mean coverage is broader. It’s critical for insurance professionals to understand the nuances of the many coverage forms available to effectively advise clients. This article will explore the various health hazard exclusions and how you can ensure your clients have the proper coverage to meet their needs.

Carbon Sequestration 101: Understanding the Risks and Finding Insurance Solutions

One way that companies are doing their part to battle climate change is investing in carbon sequestration. However, this process poses the potential for new exposures. This article explores the rise in popularity of the practice, associated risks, and how retailers can help safeguard their clients from potential claims.

Need for Product Recall Insurance Increases as FDA Budget Expands

2022 is shaping up to be one of the most active years for product recalls in the last decade. The FDA is looking to increase its funding in 2023 to protect consumers. This article will discuss new initiatives and rules from the FDA and how you can help your clients that operate in any stage of the food production or distribution supply chain protect themselves from potentially catastrophic product recall losses.

How to Help Landlords Avoid High Judgement Habitability Claims

The current housing environment has led to a trend of tenants filing habitability lawsuits against current and former landlords. This article explores common causes for habitability claims and how retail agents and brokers can counsel insureds to mitigate risk through proactive property maintenance and detailed recordkeeping.

Tips to Reduce Risk of Worker Injuries in Renewable Energy

As the renewable energy sector continues to grow, new career opportunities evolve with a wide range of good paying but potentially hazardous jobs. In this article, we look at specific sectors of the industry that are more prone to common risk factors, and prevention efforts your clients can take to better mitigate risks.

Renewable Energy Initiatives Expose New Insurance Risks

While industry experts agree that the energy transition is required for the future health and sustainability of the planet, they also acknowledge that such change is not without risk and there are still a lot of unknowns about how the insurance industry might respond. Retail agents and brokers are wise to stay up to date on the latest developments so they can manage clients’ expectations as the situation evolves.

Pull Cords: Benefit or Liability for Senior Living Facilities?

Some carries have begun to deny coverage for properties where pull cords are installed and other carriers are following suit, leaving retailers scrambling to find coverage for their clients. This article will address how underwriters analyze the risks associated with pull cords, and what you can do to help your insureds find coverage for properties where pull cords are installed.

Major Growth on the Horizon for Minor Cannabinoids Adds to Cannabis Insurance Complexities

This article will explore the challenges posed by the booming minor cannabinoid industry, recent court rulings that significantly impact the space, and coverage concerns that agents and brokers should be aware of when insuring this burgeoning industry.

Liability Insurance Strategies Can Help Protect Businesses from Punitive Damages Losses

Many U.S. businesses struggle with how best to protect themselves from losses related to punitive damages. One answer to this difficulty is liability insurance, but such damages aren't always covered. This article explores risk mitigation strategies, how states handle the liability and insurability of punitive damages and what types of insurance are available to business clients.

When Are Risk Retention Groups the Right Option for Medical Professional Liability?

The market for medical professional liability has hardened. While alternative risk vehicles, such as risk retention groups (RRGs), can be a great choice for certain insureds, they aren't a good fit for everyone. This article will help retail brokers understand how RRGs function, the benefits they can offer insureds, and how to help choose the right RRG to meet their clients' specific needs.

Contractor Pollution Risk: Insurance Claims Can Offer Clues to Best Coverage Options

Nearly every type of business is at risk for some type of environmental exposure and pollution liability. For industries like construction with known hazards and higher risk potential, the variety of insurance policies available can make choosing the appropriate coverage a challenging decision. This article details typical environmental exposures contractors face, the risk level of specific construction activities and how environmental coverages are usually applied.

Vaccine Mandates Could Impact Costs, Conditions for Employment Practices Liability (EPLI) Policies

As we continue to see variants of COVID-19, whether to mandate vaccinations in the workplace will be an ongoing challenge for employers. They will need to have processes in place to mitigate exposures, and an EPL policy that protects them in the event of claims or litigation.

Limited Wildfire Capacity Sparks Broker Creativity

Wildfires are an evolving concern across the U.S. and as the frequency and severity of them rises, so do the costs of insuring property in the geographic regions. Retail agents and brokers need to set appropriate expectations with insureds about the limitations in the current market and work with clients on risk management strategies, including fire prevention efforts.

Combatting California Fires Might Mean “Wild” Insurance Ideas

Proper vegetation management, including the removal of dead and dying trees around utility equipment, is the most effective risk-management technique for combatting fires. Unfortunately, only the largest arborist contractors can afford to purchase the wildfire coverage that allows them to do the job, leaving smaller contractors with few choices. This article explores some creative coverage approaches.

Liability Policies: Understanding How Abuse and Molestation Exclusions Impact Insurance Coverage

Because the term "abuse" is open to interpretation, alleged acts of abuse can happen to anyone, anywhere—creating risk exposures for all types of organizations and individuals. This article explains how exclusions to liability policies may limit insureds' coverage in the event allegations are made against them.

Insights from TMPAA State of Program Business Study 2021

Partnerships with program administrators are essential for retailers looking to tap into the fast-growing program business market.

Forever Chemicals: Time is Running Out to Get Coverage for PFAS

Forever chemicals aren't going anywhere, but the ability to obtain insurance coverage for potential exposures could be gone sooner than later. Recent legislative and regulatory developments underscore the urgency for insureds that produce or use PFAS to seek environmental coverage before carriers move to exclude them.

Top 5 Challenges for Insuring the Cannabis Industry

The demand for insurance in the cannabis industry has grown exponentially over a very short period. And while more states have legalized cannabis, the industry remains relatively untested, with limited coverage options and capacity. This articles explores what agents and brokers should know when it comes to insuring this specialty market and the challenges they’ll face when putting cannabis operations on the books.

Contractor’s General Liability – 11 Common Coverage Limitation Endorsements

Careful review of the terms and conditions on a contractor's general liability policy is critical to ensure proper coverage and no unpleasant surprises when a loss occurs. This article explores 11 of the most common and challenging amendatory endorsements and exclusions.

4 Coverage Issues Impacting the Hemp and CBD Industries

With the federal legalization of hemp and its derivatives under the 2018 Farm Bill and the increased popularity for health and wellness use, the global market for these products has reached billions of dollars in annual sales. However, the regulatory landscape is complex and constantly evolving. This article addresses four major insurance coverage issues that retailers should look out for on hemp and CBD accounts.

Silent Cyber: An Issue Making Noise Across Industries and Coverage Lines

Cyber events don’t always just result in financial loss but can also cause first or third-party bodily injury or physical damage. In response, many insurers have adopted various exclusions, sub-limits and changes to non-cyber insurance policies. This issue of non-affirmative coverage for cyber events is known as silent cyber. Through various claim scenarios across coverage lines and industries, this article explores the wide range of insureds that are at risk of a silent cyber incident.

The Ripple Effect of Social Inflation and Nuclear Verdicts on the Insurance Industry

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.

CAB Usage in Underwriting Truckers

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.

PFAS: The Risk of Forever Chemicals to Manufacturers, Distributors and Municipalities

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.

Unpacking Warehouse Legal Liability

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.

5 Strategies for Successful Small Business Renewals During COVID

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.

What Product Recall Insurance and Risk Mitigation Plan Is Right for Your Clients?

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.

Insurance Impacts of COVID-19 on the Healthcare and Senior Living Industry

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.

Mind the Gap: COVID-19's Impact on the Logistics Industry

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.

State of the U.S. Logistics Insurance Market

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.

Lloyd’s & the London Market’s Response to COVID-19

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.

COVID-19 Claims Advice

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.

Statute of Limitations Changes Cast a Shadow on Public Entities

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.

COVID-19 – Are Your Clients Covered?

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.

Insurance Claims at Lloyd's – How Does it Work?

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.

Benefits and Challenges of Using Controlled Insurance Programs in Construction Projects

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.

From Seed to Sale: The Top 5 Issues Impacting the Cannabis Insurance Industry

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.

A Bird’s-Eye View: Insuring Drones in the Construction Industry

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.

5 Questions About Longshore Claims You’re Afraid to Ask

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.

Freight Forwarders: Complex Services with Complex Coverages

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.

The Importance of Shipper’s Interest Coverage Under a Freight Forwarder’s Policy

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.

The Value of a Self-Insured Retention for Habitational Insureds

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.

Identifying Anti-Stacking Provisions in Policy Language

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.

How to Navigate Insurance Coverage in the Age of Uber, Airbnb and the Sharing Economy

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.

Understanding the FDA’s Mandated Recall Authority and Insurance Implications

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.

The 2019 Market: Changes are Coming

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.

Perils and Pitfalls of Insuring Short-Term Vacation Rentals

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.

Four Key Additional Insured Endorsements for Contractors

Construction contract negotiations, which determine the kind and amount of insurance required for a construction project, can be time-consuming, complicated and frustrating. This article discusses four common ISO additional insured endorsements related to commercial general liability policies purchased by contractors, including their limitations, conditions and exclusions.

Program Business Update - Q3 2018

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.

Claims Reporting: Better Late than Never?

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.

Why Your Employees' Driving Record Can Be a Reflection on Your Company

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.

Whole Genome Sequencing and the Increase in Food Contamination Recalls

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.

Share, But Be Aware: Growing Up with the Sharing Economy

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.

CGL Exclusions Common To Construction-Related Claims

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.

5 Risk Transfer Options for Owners and Developers

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 Law As We Move Into 2017

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.

8 Areas in which the Electronic Logging Mandate will Impact Trucking

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.

3 Factors Threatening the Nursing Home Liability Market

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.

How to Combat Rising Rates and Retentions in Excess Workers' Compensation Insurance

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.

Overcoming the Challenges of Placing Multi-Family Real Estate 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.

Don't Fall Into The Hole: Potential Insurance Exposures for Construction Owners

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.

Case Study: Ingredient Manufacturers and Their Product Recall Insurance Risk

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. 

Construction Defect Claims: Statute of Limitation and Statute of Repose

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.

Workers' Compensation Insurance on the High Seas

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.

Green Construction: Risks and Special Insurance Considerations - Part One

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.

Insurance Implications of Legionnaires Disease

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.

Right to Repair Statutes: the Fix to Construction Defect Litigation

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.

3 Problems Motor Carriers Face with the SMS Model

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?

Four Factors that Determine Pricing For Liquor Liability Insurance Coverage

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.

Placing Insurance Coverage for the EIFS Contractor

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.

Environmental Insurance Claims, Part 2: Leading Questions to Determine Client Exposure

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.

Aviation Insurance Exposures – Consider the Potential

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.

Garage Liability Insurance Packages May Reveal Coverage Gaps and Lacking Limits

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.