Engineer And Architect Professional Liability Will Be More Costly
Thursday, January 14th, 2010A/E firms that have low claim frequency and severity, that are not engaged in more difficult projects like condo work or bridge design, that have strong balance sheets (AR’s do better than average in the industry), and that have proficient internal controls which can be clearly presented as well as low employee turnover still stir up plenty of competition amongst insurance carriers.
However, it has become evident due to some more generalized market conditions that rates will have to be increased within the next twelve months.
Significant losses in their investment portfolios that must be “marked to market” under Financial Accounting Standard Board (FASB) rules. Under-performing investment portfolios and the inability to achieve 15% return on investment by the industry (the standard performance benchmark) will force carriers to push rates higher.
Reinsurance covers are usually negotiated on July 1st or January 1st of the year, and it is more than probable that reinsurance costs will rise. Increased reinsurance costs or even the assumption of more net risk by primary carriers will inhibit and retract interests in less certain ventures. Generally, when increased risk cannot be passed to someone else or the cost increases, the end purchaser will have to cover the difference.
An increase in frequency of claims as a result of economic decline in the construction industry will cause continued deterioration in the A/E space. Less available financing, decreased tax rolls for projects funded by the government, and aggressive sureties desiring to regain losses are causing many once relatively small issues to turn into all-out litigation. Owners, developers, and contractors that were once flexible about working out problems with the design team are under increased pressure and less capable to do so.
It is my guess that any built environment counsel will see similar trends and hints leading to these conclusions.
Timothy Esler, CPCU, is a Principal with Fenner & Esler Insurance Agency, a boutique insurance brokerage and risk management organization representing architects and engineers countrywide. Tim’s complete original articles are published in The Zweig Letter.