All posts by Tasha Williams

Latest Research on Social Inflation in Commercial Auto Liability Reveals a $30bn Increase in Claims

Social inflation contributed to a $30 billion increase in commercial auto liability claims between 2012 and 2021, according to updated research published by the Insurance Information Institute (Triple-I), in partnership with the Casualty Actuarial Society (CAS). Most of the increase for the total review period is attributable to the newly added years 2020 and 2021 to the data set.   

Findings from the research paper, Social Inflation and Loss Development–An Update, suggest that while other factors may be in play, social inflation could be responsible for driving losses over the past 10 years up by as much as 18-20%. Results also indicate that social inflation, as a loss driver, may be outpacing inflation in the overall economy by 2 to 3% per year. The actuarial models in the paper assume that exposure in commercial auto liability grows in the long term at the same rate as the overall economy. The updated research supports the conversation that Triple-I and its industry partners have fostered over recent years to increase awareness about the phenomena and encourage solutions. Both social inflation Triple-I/CAS papers were authored by actuaries James Lynch and David Moore.  

Tracing the wake of social inflation in commercial auto liability 

Analysts in every industry may rely on economic indicators and established quantitative methodologies to adapt to cost increases caused by general inflation in the economy. According to the definition cited as the basis for the paper, the expansive scope of social inflation can pose a more complex challenge for insurers as it can include “all ways in which insurers’ claims costs rise over and above general economic inflation, including shifts in societal preferences over who is best placed to absorb risk.” The impact of some potential factors, such as increasing lawsuit verdicts and extended litigation, can be dynamic and hard to forecast, making effective risk mitigation tactics difficult.  

Still, insurers must aim to offset increasing claim costs, and that effort can include finding a way to outline the footprint of social inflation. Thus, rather than attempting to deconstruct the components of social inflation, this update to the 2022 CAS-Triple I collaboration continues to zero in on tracking evidence of it, ascertaining the potential influence on losses over time, and potentially finding clues that may link back to the culprits. Accordingly, the research stays focused on the claim size and reviews the increase in loss development factors over time.

Research raises questions, highlights a new emerging reality  

As with many industries, the COVID-19 pandemic challenges longstanding methodologies and conventional forecasting assumptions. Claim frequency, in relation to the overall economy, decreased sharply in 2020 and remained flat in 2021, even though driving appears to have returned to pre-pandemic levels. However, severity appears to have increased significantly.  

Enter loss triangles – a conventional actuarial tool that can enable comparison of loss metrics across years and see how losses develop over time. As in last year’s paper, researchers used this tool to examine the loss development patterns of net paid loss and defense and containment costs (DCC). Analysis suggests that whereas the pandemic may have dramatically impeded the ability to file new litigation for a brief period, it may also have created more enduring repercussions by hampering the timely and, thus, more cost-effective settlement of outstanding claims.  

Even as social inflation amplifies losses for commercial auto liability, existing methods to pinpoint where general inflation ends and social inflation begins may become less dependable. In addition to covering the pandemic shocks of the shutdown, the newly added data spanned into the economic recovery and was impacted by much of what came with it – demand booms, stressed supply and labor resources, and, of course, the eventual soaring of the Consumer Price Index (CPI) for all urban consumers. In 2021, the CPI increased by a formidable 4.7 percent, the fastest inflation growth rate this century. These and other changes in the economic environment may have dampened the effectiveness of the testing and modeling framework. In any case, calculations for loss emergence revealed that for the first time in a decade, actual emergence was less than expected emergence in 2020 and 2021, reversing observations made in the previous paper about the reliability of conventional actuarial estimates.  

The importance of understanding social inflation 

It’s important to remember that although insurers are often called upon to help businesses and communities bounce back from natural disasters or other unexpected events, social inflation is arguably a human-made crisis that already looms large in the marketplace. A 2020 study by the American Transportation Research Institute found that, from 2010 to 2018, the size of jury verdict awards grew 33 percent annually, as overall inflation grew by 1.7 percent each year within this same timeframe and healthcare costs increased by 2.9 percent.  

As losses grow much faster than premiums, insurers can resort to any combination of methods to contain costs, including limiting the amount of coverage offered, increasing premiums, or discontinuing certain types of coverage. For policyholders that need to mitigate their commercial auto liability exposure, expensive coverage or lack of coverage can threaten the ability to stay competitive or even remain in operation, particularly for those in tight-margin industries.  

Unprecedented times call for new ways of collecting and reviewing claims data. The paper relies on new ways of using old-school methods and discusses how the reliability for some metrics could be improved by utilizing other data sources. A paper by the same researchers included similar observations for the medical malpractice liability sector. Key takeaways from the findings of these papers, along with an emerging body of research on social inflation, can be helpful in exploring actionable strategies, such as curbing lengthy litigation. 

For a quick summary of social inflation and other helpful resources about its potential impact on insurers, policyholders, and the economy, check out our knowledge hub, Social inflation: hard to measure, important to understand. 

CISA releases long-awaited plan for national cyber resilience

The federal Cybersecurity and Infrastructure Security Agency (CISA) in September released its 2023-2025 Strategic Plan, a response to the increasing vulnerability of U.S. infrastructure to cyberattacks. 

Key Takeaways

  • The plan proposes a framework for defining and managing the federal government’s role in mitigating cyber threats to national security. 
  • CISA aims to foster a cross-agency and “whole-of-nation” approach to risk management and resilience.  
  •  Implementation and outcomes can have implications for cyber insurance markets. 
  •  Two federal engagement requests have been issued to get feedback on creating a regulatory path forward. 

Cyber resilience in the current digital ecosystem requires a new mindset.

CISA’s plan arrives in a rapidly transforming threat landscape in which the cybersecurity mindset is duly shifting from “Are we vulnerable to attack?” to “When a breach happens, how can we spot it, contain the damage, and recover as fast as possible?”  

Businesses across all sectors have seen a rise in the frequency of breaches. Hackers are using sophisticated tactics to expand the reach of ransomware to third or fourth parties, such as supply-chain partners. Estimates of organizations attacked in the last year range from 60 percent to as high as 86 percent, probably because dormant ransomware can remain undetected for a while and many organizations are hesitant to publicize or div incidents. 

Organizations involved in critical infrastructure–such as the military, hospitals, financial institutions, and the supply chains providers–can be enticing targets for bad actors. The 2021 Internet Crime Report from the FBI reveals at least one organization in 14 of 16 critical infrastructure sectors experienced a ransomware attack that year. Data indicates that cyberattacks against US ports and terminals are increasing. 

In response to the rising threats, CISA Director Jen Easterly announced earlier this year, “We live at a time when every government, every business, every person must focus on the threat of ransomware and take action to mitigate the risk of becoming a victim.”  

The “whole of nation” strategy – the agency’s first plan since its creation in 2018 – proposes a unity of effort framework, while drawing upon the CISA Strategic Intent from August 2019, to lay a foundation for the agency’s work ahead and incorporate four core goals:  

  • “Cyber defense against threats to National Critical Functions;  
  • Risk reduction and resilience; 
  • Operational collaboration using a “whole-of-nation” approach; and 
  • Agency unification.” 

Loss ratios for cyber insurance are down, but challenges are still mounting

Cost-effectiveness remains elusive, despite the growing demand for cyber risk coverage. Data from S&P Global indicates that after three years of steady climb, loss ratios decreased from 75% in 2020 to 65% in 2021. However, contributing factors continue to wreak havoc, including increased frequency and severity of cyber-attacks, rising associated breach costs and liabilities, and the lack of historical incident data necessary to assess and price risk. As liability coverage for critical infrastructure sectors poses further challenges to risk mitigation, some insurers opt out of providing coverage to these entities. 

To build a foundation for risk assessment, CISA aims to create a regulatory path for the data collection mandate of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). The legislation prescribes reporting of major cybersecurity incidents (within 72 hours) and ransomware payments (within 24 hours of payment). However, not every organization in a critical sector will automatically be required to report, and a formal enforcement framework for those expected to comply appears to be yet undefined.  

CISA and FIO solicits feedback on forging a path towards national cyber resilience. 

To foster collaboration between the government and private sectors while facilitating the implementation of CIRCIA, CISA recently issued a Request for Information. The list of reporting parameters up for public commentary includes how organizations may be defined as a “covered entity” (thus required to report incidents) and constraints and best practices around sharing of incident information.  

Another example of the cross-agency and “whole-of-nation” effort outlined in CISA’s plan can be seen in a request for comment recently issued by the Department of the Treasury’s Federal Insurance Office (FIO). This public engagement sprang from a June 2022 GAO report recommendation. The FIO is asking for feedback on “the extent to which risks to critical infrastructure from catastrophic cyber incidents and potential financial exposures warrant a federal insurance response.” The agency welcomes information on gaps in other federal cyber risk initiatives, such as the SEC’s proposed cyber incident reporting rules, the Terrorism Risk Insurance Program (TRIP), and the CISA’s cyber incident reporting RFI. 

Triple-I remains committed to advancing Cyber Awareness and supporting conversation about pertinent insurance trends and issues. For further reading, see our Issues Brief and stay tuned to our blog. 

Report: Traditional Reinsurance Capital Declining

Report: Traditional Reinsurance Capital Declining

By Max Dorfman, Research Writer, Triple-I

A recent AM Best report finds that traditional reinsurance capital will decrease by approximately $40 billion by the end of 2022, lowering the total to $435 billion. This 8.4 percent decline comes after substantial increases of 15.5 percent for 2019, 8.9 percent for 2020, and 10.7 percent in 2021. The figure incorporates the upturn of the underwriting market and the downturn of the capital and investment markets, with continued geopolitical unrest and the possible decline in global GDP also considered. 

“With interest rates on the rise and equity markets declining, we do anticipate a rather substantial mark-to-market loss in traditional reinsurance capital levels,” said Dan Hofmeister, Senior Financial Analyst at AM Best. Reinsurance capital, working in the opposite direction, has been boosted by underwriting results in spite of heightened catastrophe loss activity in the first half of the year, he said.

Additionally, the report includes a 10-year record of third-party reinsurance capital levels and a prediction that overall third-party capital will remain stable at approximately $95 billion for 2022 compared to $94 billion in 2021.

With traditional and third-party capital together, the report predicts a 6.7 percent decrease in reinsurance capital from both sources, which would constitute the first decline in a decade, as recorded by AM Best.

Florida is emblematic of these struggles

Declines in the U.S. equity market have created capital supply challenges for some insurance-linked securities funds. However, the AM Best report stated that the pullback of traditional reinsurance in catastrophe-exposed markets like Florida could create opportunities for Insurance-Linked Security (ILS) funds. The report states that ILS funds can take advantage of significant price increases and tighter terms and conditions, if traditional capacity is restricted.

Still, Florida continues to be a hotspot for property/casualty losses, with the Triple-I finding that the state’s insurance marketplace has been beset by severe levels of fraud and litigation, driving the homeowner’s insurance market’s crisis in the state. The analysis concluded that the annual cost of an average Florida homeowners insurance policy could increase to $4,231 in 2022.

Reinsurance capital then provides a significant proportion of these costs that are directed to attorney fees and adjusting firms. Additionally, fraud related to roof replacement claims and other construction related matters continue to increase the reinsurance bill in Florida.

“Floridians pay the highest homeowners insurance premiums in the nation for reasons having little to do with their exposure to hurricanes,” said Sean Kevelighan, CEO of Triple-I.

With the threat of decreased capital for reinsurers and the markets in places like Florida experiencing turmoil, reinsurers are actively reviewing their strategy.