Skip to content
  • Home
  • What We Do
    • What We Do
    • Treaty
      • Accident & Health
      • Agriculture / Crop
      • Aviation & Marine
      • Cyber
      • Energy
      • Engineering
      • Entertainment & Contingency
      • Financial Guaranty
      • Traditional Casualty
      • Management & Professional Liability
      • Medical Professional Liability
      • Mortgage Indemnity
      • Property
      • Surety, Trade Credit & Political Risk
      • Terrorism
    • Facultative
    • TransRe Applied Data
    • Insurtech Partners
    • Mortgage Partners
    • Blue Marble Microinsurance
  • About Us
    • About us
    • History
    • Leadership
    • Financial Information
    • Press Releases
    • Social Conscience
      • Social Conscience
      • Global Volunteerism
      • National Coastal Resilience Fund
  • Contact Us
    • Office Locations
    • Regional Business Units
    • Global Portfolio Management
  • Insights
  • Events
  • Legal
  • Careers
menu

Close
  • Home
  • What We Do
    • Lines Of Business
      • Lines of Business
      • TREATY
        • Accident & Health
        • Agriculture / Crop
        • Aviation & Marine
        • Cyber
        • Energy
        • Engineering
        • Entertainment & Contingency
        • Financial Guaranty
        • Traditional Casualty
        • Management & Professional Liability
        • Medical Professional Liability
        • Mortgage Indemnity
        • Property
        • Surety, Trade Credit & Political Risk
        • Terrorism
      • FACULTATIVE
        • Engineering
        • Entertainment & Contingency
        • Management & Professional Liability
        • Medical Professional Liability
        • Property
        • Traditional Casualty
    • TransRe Applied Data
    • Insurtech Partners
    • Mortgage Partners
    • Blue Marble Microinsurance
  • About us
    • About Us
    • History
    • Leadership
    • Financials
      • Financial Highlights
      • Financial Highlights: Tokyo
      • Ratings
      • FATCA Compliance
      • Solvency and Financial Condition Reports
    • Press Releases
    • Social Conscience
      • Social Conscience
      • Research & Resilience
      • Global Volunteerism
      • National Coastal Resilience Fund
  • Contact Us
    • Office Locations
    • Regional Business Units
    • Global Portfolio Management
  • Insights
  • Events
  • Legal
  • Careers

TransReView

Large Law Firm Errors & Omissions

Liability Insurance Market Analysis

August 2022

TransRe’s View of Large Law Firm E&O

With another year’s data to review, the problems from 2015-2018 policy years are increasingly clear. While large law firms are paying more now than they did last year, they are also generating more and larger claims. As a result, insurers must remain viligant, and must maintain pressure on both rates and limits to ensure the long term viability of deployed capacity.

As we said last year, the numbers continue to speak for themselves.

Share
Download PDF

TODAY’S PRICING REALITY

Ultimate Loss Ratio
Acquisition Costs
Internal Expenses
Underwriting Ratio
If we are to include Reinsurance Costs
then this is simply unsustainable.

Our analysis is based on on-level premium of approximately $6.35B from 2008 – 2020, and on aggregated internal submission data reviewed through September 1, 2021. The charts below first exclude, then include an annual loss cost trend assumption of 2.5%. 2020 is still relatively immature at this point, with estimates largely driven by IBNR but does not include inflation which also must be factored in.

Large Law Firm Gross Loss Ratio
Analysis (Without Trend)

Large Law Firm Gross Loss Ratio
Analysis (With Trend)

Source TransRe Data

  • Nominal Ultimate Loss / On-level Premium
  • Projected Nominal Ultimate Loss Ratio
  • Weighted Average Nominal Ultimate Loss / On-level Premium of 60.1%
  • Prior Weighted Average Nominal Ultimate Loss / On-level Premium of 71.2%
  • Trended Ultimate Loss / On-level Premium
  • Projected Nominal Ultimate Loss Ratio
  • Weighted Average Trended Ultimate Loss / On-level Premium of 71.3%
  • Prior Weighted Average Trended Ultimate Loss / On-level Premium of 84.9%

2008-2020

7 years ran above 70% Loss Ratio, of which 5 years ran above 80% Loss Ratio.

2014

Still the only recent year with adequate margins.

2020

Some early signs of improvement, likely due to rate increases, although still rather immature.


A modest 2.5% loss cost trend adds 11.2 points to Loss Ratio across all years.

More complex suits and higher defense/settlement costs will cause continuing problematic trended results. If we include inflation then this looks even worse.

The Lawyers Professional Market clearly needs to continue pushing rate.

  • Nominal Ultimate Loss / On-level Premium
  • Projected Nominal Ultimate Loss Ratio
  • Weighted Average Nominal Ultimate Loss / On-level Premium of 60.1%
  • Prior Weighted Average Nominal Ultimate Loss / On-level Premium of 71.2%
  • Trended Ultimate Loss / On-level Premium
  • Projected Nominal Ultimate Loss Ratio
  • Weighted Average Trended Ultimate Loss / On-level Premium of 71.3%
  • Prior Weighted Average Trended Ultimate Loss / On-level Premium of 84.9%

Primary & Excess Analysis

Our analysis of the difference between primary and excess layers is based on on-level premium of $2.7B for primary and $1.4B for excess from 2008 – 2020, and on aggregated internal submission data reviewed through September 1, 2021.

The charts below exclude any annual loss cost trend assumption but does not include inflation which also must be factored in.

Large Law Firm -
Primary Gross Loss Ratios

Large Law Firm -
Excess Gross Loss Ratios

Source TransRe Data

  • Nominal Ultimate Loss / On-level Premium
  • Projected Nominal Ultimate Loss Ratio
  • Weighted Average Nominal Ultimate Loss / On-level Premium of 72%
  • Prior Weighted Average Nominal Ultimate Loss / On-level Premium of 82.5%
  • Nominal Ultimate Loss / On-level Premium
  • Projected Nominal Ultimate Loss Ratio
  • Weighted Average Nominal Ultimate Loss / On-level Premium of 47.5%
  • Prior Weighted Average Nominal Ultimate Loss / On-level Premium of 51.9%

Primary loss ratios remain higher than excess layers - currently 24.5 Points.

Indications are down ~10 Points vs 2020 analysis due to rate, but 72% LR does not deliver an Underwriting Profit.

Adding a modest 2.5% Loss Cost Trend increases LR to 86.0%.


As expected - in the long term excess layers run better than primary, but with greater volatility.

Excess writers have been adversely affected by multiple severity losses in 2015 and 2018. These years have more development to come.

Many excess writers face a challenge with the imbalance between premiums vs limits deployed.

A combination of rate increase and limit reduction is warranted.

Adding a modest 2.5% Loss Cost Trend increases LR to 55.5%.

  • Nominal Ultimate Loss / On-level Premium
  • Projected Nominal Ultimate Loss Ratio
  • Weighted Average Nominal Ultimate Loss / On-level Premium of 72%
  • Prior Weighted Average Nominal Ultimate Loss / On-level Premium of 82.5%
  • Nominal Ultimate Loss / On-level Premium
  • Projected Nominal Ultimate Loss Ratio
  • Weighted Average Nominal Ultimate Loss / On-level Premium of 47.5%
  • Prior Weighted Average Nominal Ultimate Loss / On-level Premium of 51.9%

Claims Data

Our analysis of severity, large loss claims and estimated industry reported losses is based on estimated ground-up losses valued at $5 million or more. These total $8.5B across all years.

The source of the data is both public information and submission - data reported losses, coupled with perclaim limit (layer share and 100%) and SIR/Attachment Point information.

The ground-up estimate could be understated to the extent higher layers of the tower and/or SIRs are unknown, or layer shares (when estimated) are not correct. Alternately, some claims information is at the per policy level rather than the per claim level, so the ground-up estimated loss could be overstated to the extent the total loss for a policy is comprised of more than one large claim.

Source TransRe Data

  • Estimated Ground-up Reported Average Severity
  • Number of Claims > = $5M

Source TransRe Data

  • Incurred Loss > $100M
  • Incurred Loss > $50M-$100M
  • Incurred Loss > $25M-$50M
  • Incurred Loss > $10M-$25M
  • Incurred Loss > $5M-$10M

2015 and 2018 continue to be problematic.

They are still not fully developed - in the past 12 months those years combined have seen ~$260M development from losses over $5M.

2016 and 2017 are each up about $200M in incurred losses from claims over $5M compared to last year.

To date, we have observed 153 claims greater than $5M from 2015 to 2018 and an additional 23 in 2019. These years are still not fully developed.

2009 and 2013 each show > $120M in unexpected losses, mostly from claims in the > $100M or > $50M - $100M bands.

Large Law Firm
Policy Year Rate Index

Our analysis is based on rate changes reported in submissions reviewed through January 1, 2022.

Policy Year 2021 rate changes are based to some extent on budgets or partial year figures.

Note also that the data sources used to compile the rate change information do not exactly mirror those used to compile the gross loss ratio analysis figures.

Source TransRe Data


Using 2008 as our base:

2011 hit a low of premiums vs exposure, as Financial Crisis losses were paid.

2011-2017 premiums per exposure flatlined before 2018/2019 rate improvements finally returned the index to slightly above 2008 levels.

As carriers have paid the losses already shown, rates rose 11.5% in 2020 and an estimated 9.0% in 2021. While this is a step in the right direction, more must be done to enable a long term sustainable marketplace.

Note: For rate to keep up with a modest loss cost trend of 2.5% from 2008, the index would now have to be at 1.400. It is at 1.275.

In Conclusion

Progress has been made in the past few years: large law firms are paying more for their insurance capacity.

However, large law firms also continue to generate both a higher frequency and severity of claims.

As noted, 2015-2018 policy years already exhibit worrying frequency and severity trends.

Once again, we must note the need for carriers to continue to address prices and self insured retentions to better reflect the risks being assumed.


Legal

Reproduction in any form without permission of TransRe is prohibited. The material and conclusions contained in this document are for information purposes only and TransRe offers no guarantee for the completeness of its contents. Statements in this document may provide current expectations of future events based on certain assumptions. These statements involve known and unknown risks, uncertainties and other factors which are not exhaustive. Although TransRe makes reasonable efforts to obtain information from reliable sources, TransRe does not guarantee the accuracy or completeness of the information given or any forward-looking statements made. TransRe undertakes no obligations to revise or update any statements, whether as a result of new information, future events or otherwise, and in no event shall TransRe or any of its affiliates or employees be liable for any damage or loss arising in connection with the use of the information relating to this document.

A Note About Our Data

Our analysis of the lawyers’ liability market is based upon the insurers we serve, and the data we receive. As a result, the underlying data is not identical to last year’s analysis. Large law firms are predominantly insured by carriers that write in multiple states and focus on firms with 25 or more attorneys. Our analysis therefore excludes data from mutuals, captives and risk retention groups.


About Us

Underwriting D&O/E&O Treaty

  • Brian Finlay
    bfinlay@transre.com
  • Stuart Alford
    salford@transre.com
  • George Delaney
    gdelaney@transre.com
  • Daniel Hojnowski
    dhojnowski@transre.com
  • Bill Seymour
    wseymour@transre.com
  • Deirdre Zeppie
    dzeppie@transre.com

Actuarial Science

  • Joe Marracello
    jmarracello@transre.com
  • Lily Harger
    lharger@transre.com

Questions,
comments or
feedback?

We intend to update this report periodically, and to delve deeper into the quantification of the identified trends. To discuss how we can help you and your business, please call:

  • George Delaney
    (212) 365 2005
  • Daniel Hojnowski
    (212) 365 2168

TransRe We value risk

TransRe We value risk

TransRe We value risk

  • Home
  • What We Do
  • About Us
  • Contact Us
  • Insights
  • Events
  • Legal
  • Careers
  • PartnersOpens in new window
  • Employees
  • Website Accessibility Statement
  • Opens in new window
    LinkedIn Logo
  • Opens in new window
    Twitter Logo
  • Opens in new window
    Youtube Logo
  • Global Privacy Notice
  • Calpe Insurance Privacy Notice
  • Terms & Conditions

© Transatlantic Reinsurance Company

    To





    (Attachment limit 4MB)

    Click here to read the policy. (PDF)

    The Best’s Company Report(s) reproduced on this site appear under license from A.M. Best and do not constitute, either expressly or implied, an endorsement of (Licensee)’s products or services. A.M. Best is not responsible for transcription errors made in presenting Best’s Company Reports. Best’s Company Reports are copyright © A.M. Best Company and may not be reproduced or distributed without the express written permission of A.M. Best Company. Visitors to this web site are authorized to print a single copy of the Best’s Company Report(s) displayed here for their own personal use. Any other printing, copying or distribution is strictly prohibited.

    Best’s Ratings are under continuous review and subject to change and/or affirmation. To confirm the current rating, please visit the AM Best web site, www.ambest.com.

    See Report