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Departments — May/June 2006

Insurance Update — U.S. Industry Is Healthier Than in Past Years

Despite some ongoing coverage restrictions, policies for commercial contractors should see more reductions in premiums as the insurance marketplace stabilizes

Jeff Cavignac
PRESIDENT

Jeff Cavignac is president of Cavignac & Associates, a San Diego-based commercial insurance brokerage firm, which focuses on helping its clients reduce their total cost of risk.
www.cavignac.com

Most of the experts who have studied the insurance industry in 2006 have issued caveats to their analyses. That's because the full impact of Hurricanes Katrina and Rita-the largest insured natural disasters in the U.S. history-remains to be seen.

Other than the lingering questions about the ultimate impact of the Gulf Coast cleanup, the U.S. insurance industry is actually quite healthy. Most insurance companies are still maintaining a high degree of underwriting discipline, rewarding firms with good loss histories, as well as solid business and safety practices. It is anticipated that this market will remain competitive at least through 2006 and possibly into 2007.

On a composite basis, commercial contractors have seen rates decrease approximately 7% over the past year. Residential construction is another story. Rates have held firm, but decreases are rare. Experts anticipate the downward trend in rates will continue over the next 12 months, mainly because four or five quality insurance companies are now interested in insuring commercial constructors.

At the same time, coverage restrictions continue. In addition to exclusions in the standard coverage form, it is not uncommon to see additional exclusions for prior damage, multifamily housing, subsidence, mold, silica, EIFS-and the list goes on. Carefully evaluate each prospective program to understand the coverage being offered.

Owners in Control

Almost all general liability policies in the market today for developers and contractors contain multifamily housing exclusions. The only way to insure these projects is with an Owner-Controlled Insurance Program policy, also known as "wrap-ups."

The market for OCIPs has improved over the past year, but they are still extremely expensive. Rates on these programs generally are in the 1.5-2% of sales cost range for a $2-million limit and subject to minimum premiums of about half the limit offered. In other words, the minimum premium for a $2-million policy would be approximately $1 million. At a rate of 2%, business owners would need to generate $50 million in sales to hit the minimum premium.

Recently, a few new underwriters have entered the OCIP field. Some are offering lower minimum premiums on smaller projects. In addition, some underwriters are now allowing selected developers to combine several projects under one policy, which lowers the per-unit cost for the insurance.

Safety Dividends

The workers compensation insurance market in California continues to improve, and rates have come down significantly. Several years ago, many clients had no other option than to use the State Compensation Insurance Fund. Today, most clients have alternatives. A lot of this has to do with lower underlying losses, which has attracted more competition to the industry.

But why have losses decreased? Losses have declined, mainly because of legislation and the focus by employers on safety and loss prevention, with improved results. This attracts more insurance firms to the market, which has had a downward impact on pricing.

Businesses that have renewed within the first six months of 2006 should have seen relatively significant rate decreases. It is possible that these could be in the 15-to-25% range. Clients renewing in the second half of 2006 also should receive rate decreases, but to a lesser degree. Remember, though, that every insurance company uses its own rates, and every account is subject to the insurance company's experience modification, as well as specific debits and credits the underwriter may apply.

The only way to accurately forecast workers' compensation insurance costs is to sit down with your broker, work though a projected experience modification, and discuss with your underwriter what rates will be applicable for the company's specific classifications.

Workers' compensation insurance is more of a financing tool than an insurance product. Ultimately, through the use of experience modification, employers will end up paying their own claims. Because of this, the only way to control premiums in the long run is to manage underlying costs. Owners can employ many strategies in the areas of audit, experience modification, injury prevention and injury management to effectively manage their workers' compensation costs.

A Buyers' Market?

The current insurance market could be called a buyers' market. The industry is earning a profit and making a decent return on equity, has adequate surplus and ample competition. Assuming a firm has a decent loss history and is otherwise acceptable from an underwriter's perspective, it should see flat to modestly decreasing rates (0 to 10%) on its renewal premiums. In the case of workers' compensation insurance policies, these decreases in premiums could be even greater.

Recognize, though, that every account is different. Business owners should sit down with their insurance brokers and walk though each line of coverage to arrive at a reasonable cost estimate.

 

 

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