Australian Insurance Market Update 1H 2015 Risk. Reinsurance. Human Resources. Welcome Aon Broking Australia Aon’s broking leadership team are supported by 40 professional insurance brokers. Located across Australia, they align with 750 product and industry specialists through our global broking network. We specialise in negotiating the best deals available for our clients across property, liability financial and specialty lines, and are focused on achieving the optimum balance of cover, security and price. You will benefit from the expertise and purchasing power of the world’s largest broker, as we work closely with you to deliver innovative and tailored risk transfer solutions that meet the needs of your organisation. one provider of premium placed in Australia Experienced broking team collectively fluent in 9 languages with over $2 billion annually Collectively over 400 years of broking experience across Australia Broking team located in 5 capital cities Competition will be intense which is great position for buyers but how will insurers attract new clients in an environment where these is very little pricing differential? If I think back to our last market report released in September 2014 we said that the concept of traditional hard and soft markets that were punctuated with deep troughs and high peaks were at an end and we now have a market norm that will be characterised by gentle peaks and trouts of +/-10%. We also said this shift was driving behavioural changes in clients and insurers alike. Client’s loyalty was waning and insurers were becoming increasingly aggressive in their pricing approach whilst looking for deeper insights from data in attempt to pick the right industries to place their bets. Since the release of our last publication it would be fair to say that these behaviours continue albeit with some interesting developments that will certainly test the concept that current market conditions are the norm. Strength in numbers Number So what will 2015 hold? Average length of service at Aon from broking leadership team is 16 years A diverse team of over 50 broking professionals across Australia There is no doubt that in last six months as predicted the insurance market has continued to fall but we didn’t see pricing movement correlate to business changing hands between insurers, i.e. clients did remain loyal. What did happen of course was that insurers were forced to reduce pricing to retain business against their competitors. Interestingly when we compare the actual rate movement from the data provided from GRIP property classes had much heavier rate reductions than general liability. This may suggest that client loyalty is not as price sensitive in long tail classes of business. The obvious answer to that question will be to provide more tailor made solutions to clients and as brokers and clients we should be challenging insurers to truly differentiate their offering. To that end it is not just about expanding coverage but developing new products in areas of increasing concern such as cyber. The other potential but surprisingly little talked about issue is the underlying profitability of the industry. It is very strong but it should be remembered that the market is running combined ratios in the low 90%’s which is clearly very good but this is against a backdrop of a lower than average natural catastrophe losses. In a normalised year for Nat cat it wouldn’t be that hard to see combined ratios moving quickly to around 120%. In the last few months we have seen the merger of XL and Catlin, not long after that the announcement that Axis and Partner Re would merge. Perhaps a sign that at least some insurers feel that a consolidating their positions in a challenging environment makes sense. All that said there is no doubt that pricing will continue to fall across the non-statutory classes of insurance in 2015 but with these developments we will need to keep track on how the year progresses as we assess longer term pricing movements into 2016. Warm regards, Which begs the question what can insurers do outside of pricing measures to attract new clients? As we moved through the first reinsurance treaty renewals of 2015 pricing for natural catastrophe covers continued to fall by between 5% - 10% the drivers being another benign loss year and the continued influx of so call disruptive capital from pension funds and the like, (roughly an additional USD 60 billion of capital). James Baum Managing Director of Broking & Chief Broking Officer, Pacific Aon Risk Services This has had a clear downward knock on effect to property market pricing but it has also seen reinsurers look to diversify their portfolios into the casualty space again driving more competition and pressure on pricing. Surplus capacity is not just the domain of the mainstream property and casualty classes it is fair to say that we are seeing this across the board including the Financial Specialties space of Directors & Officers Liability, Financial Institutions and Cyber. Aon’s Australian Insurance Market Update 1H 2015 3 Contents Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 General Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Professional Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Directors’ & Officers’ Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Cyber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Financial Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Workers’ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 New Zealand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 London . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Reinsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Property All Organisations Up Up 2.57% Exposure Large Organisations* Whilst we saw a dip in declared values going into the market last year with buyers amending their buying habits, we have seen these start to increase again which will be welcome news for insurers. Average declared value increases for the last quarter of 2014 increased by 3.65%... 1 Maintaining relationships is becoming a less critical factor for buyers in current economic conditions. 2 Two speed market developing with more hazardous occupancies and geographies likely to see more pronounced premium rate reductions. 2H 2014 Down 7.58% Rate 3 Recent M&As, and their likely continuation, are creating a level of uncertainty in the market although it is unlikely to dent current capacity trends. GRIP data shows rates are down an average 11 % for large corporate clients and by 8.5 % for those with an asset base up to $500m. Larger clients have experiencing fierce competition for their business for some time now but competition for those with smaller assets is fast catching up. This data shows that ‘soft’ occupancies, such as real estate and healthcare, and those businesses in low-hazard natural catastrophe areas, are seeing smaller reductions than the more volatile sectors or geographies where premium adequacy remains and there is more scope for downward rate movement. As we found in 2013 and 2014, insurer budget cycles should play an important role in strategy setting. Insurers are likely to be far more aggressive in the run up to the end of their financial year and Clients should be aware of these key dates. Up 2.87% Exposure The benign claims environment continued in 2014 with record low natural catastrophe claims globally allowing insurers to maintain solid results despite the continued pricing pressure. Natural catastrophe losses globally totalled just over $ 40bn and well below the ten year rolling average of $58bn. The vast majority of these claims coming from the US, Europe and to a lesser extent Asia. 1H 2015 [f] Down 8.31% Rate 6 Aon’s Australian Insurance Market Update 1H 2015 Capacity Australian insurers continue to remain competitive at a global level and we are predictably still seeing aggressive market behaviour out of Singapore, London and the emerging Chinese market. Global insurer capital increased 6% in 2014 to USD 4.2 trillion. There was a more substantial increase in the reinsurance space which rose from USD 525 billion to USD 575 billion. Roughly USD 60 billion of these funds has come from alternative capital sources. The local picture is no different with an over-supply of capacity being driven by the benign claims environment and a stagnant demand for insurance products. This dynamic accounts for the fall in rates and looks set to continue for the forseable future. The most notable new entrant to the market is Berkshire Hathaway who add to their growing global presence in the direct insurance space and with investment in teams of people it would seem that they will have an aggressive push. Up 4.69% Exposure 2H 2014 Down 11.81% Rate Mergers, Acquisitions and Divestments As mentioned, the benign claims environment has driven an increase in insurer surplus capital. Insurers are getting bigger and are being more bullish about what they retain. Despite the continued reductions in reinsurance pricing, there is a general trend to retain more in order to reduce costs and combat front-end pricing pressure. The upshot is that they are buying less reinsurance and are potentially making themselves more vulnerable to a large insurance event occur. The outcome of this reduction in reinsurance purchase is the further driving of competition in this space. This situation has led to a number of mergers and acquisitions (M&As). With insurers buying less reinsurance, reinsurers need to merge or acquire to become more relevant to insurance companies for whom scale is becoming more and more important. This is the key factor that could potentially change the way the market operates. The changing face of M&A is also worth noting. Historically, M&As used to be about creating synergies. The current wave of M&As appears to be more concerned with scale. That means they are unlikely to contribute to a reduction in capacity and indeed are likely to fuel the current market trends. The recent acquisition of Catlin by XL and the merger between Axis and Partner Re would certainly fit this mould and we are likely to see similar mergers in the coming months. Up 4.69% Exposure 1H 2015 [f] Down 11.81% Rate *Large organisations are defined as those with total insured values above $500M AUS Aon’s Australian Insurance Market Update 1H 2015 7 General Liability Market forces Up Buyer behaviour is becoming a significant issue for insurers. With the weakening economic conditions in Australia, clients are still looking to minimise their insurance spend. Insurers are keen to allow clients to reduce their deductible levels and broaden coverage in an attempt to maintain premium levels and broaden their value proposition. Generally, however, clients are happy with the retentions they already have, and the coverage they have been able to negotiate is fit for purpose. Consequently, they just want to drive prices as low as they possibly can. And they’re winning. Up 0.96% Exposure • Surplus capacity is still having a favourable impact for the buyer The analytics available to us continues to evolve as we continue to work with our centres of innovation in Singapore and Ireland. We are now able to benchmark insurers by minute detail, looking into their performance level by deductible, geography, occupancy class and even measure margins of competitiveness compared to their peers. 2H 2014 Up Up 2.93% Premium As we have suggested previously, we are unlikely to see the market conditions challenged by an insurance event in the near future and more likely to see an economic event change market dynamics. For example, we could see rating agencies begin to scrutinise insurer and reinsurer behaviour in the current environment and challenge their ability to cope with large market events. This could then the lead to buyers pulling away from large sectors of the market if their ratings were no longer adequate for their needs. With that said, combined loss ratios posted by most insurers in the low 90%s in what has been a benign natural catastrophe environment, as losses start to normalise this could quickly move combined ratios to well over 100%. The question will be whether carriers will continue to burn capital in this scenario. 8 Aon’s Australian Insurance Market Update 1H 2015 In the current climate insurers are looking to mergers to create economies of scale. We recently saw the merger of CGU and Lumley. Catlin and XL, who are major players in the global liability market, have recently announced that they too are to merge. What impact these mergers will have is yet to be seen, but there is the potential for capacity reductions if the trend towards mergers continues. A buyers’ market in most areas Whilst prices have fallen in all other areas, obtaining cover for sexual misconduct is more difficult. The market is proving very tight with little competition for clients with this risk. At this stage prices haven’t been forced up, but the outcomes of the Royal Commission later this year will see insurers make a firm commitment on whether to continue covering these exposures and, if so, at what terms. We are also seeing a significant impact on the way clients manage risk in this area. With the continued squeezing of rates across the board, Insurers are also looking to find the areas of the market such as local government and aged care, that have been under serviced or simply ignored in recent years. Rates in these areas have been buoyant and are attractive to many, particularly given the generally sound claims record and low maximum loss potentials. Through the development of these market hotspots, we can work with our clients to empower them to make more informed decisions. Despite this reality, a number of insureds still believe that their options are limited and we continue to challenge this thought process as many buyers are unaware of the options available to them and the tailored solutions required to match their ever changing needs. As we move through the next 12 months, a continuation and probable acceleration of the current rate movement seems likely. • A generally benign claims environment is continuing to push rates down • Aggressive competition continues with insurers under pressure to meet budgets We are not alone however as Data is also taking on a more vital role for insurers. Not only does it help buyers make decisions on whether to remarket their programs, it allows insurers to understand which occupancy types, product lines, and geographic areas are more profitable than others. This data is helping insurers understand that the less hazardous occupancies, such as real estate and health care that have driven insurer appetite for so long, are far less attractive. Whilst these areas provide consistent results, the continued pricing pressure has pushed these once profitable segments into negative loss ratio territory. Whilst more the more hazardous occupancies may provide volatility, at least they offer an opportunity of profitability should the current claims environment continue. Looking ahead Overall, prices for general liability insurance products are decreasing. Competition in the market is on the increase and we are seeing surplus capacity which is bringing rates down. Broad coverage is still available and the soft market would indicate that this is a good time to review cover and ensure that it is best in class… Up 1.56% Exposure 1H 2015 [f] Ben Rolfe Bushfire exposure also remains very tight. Whilst we have seen some discounts, they are not generally easy to come by. However, there does appear to be more capacity available as we see new insurers enter the bushfire risk market. A lot of this capacity is coming from overseas and we are pleased to see interest from Asia, particularly from Chinese insurers. We expect interest from emerging markets to continue to grow into the future. The offshore energy market has stabilised over the past year and rates are now considered flat. Chief Broking Officer Claims continue to be held in check ben.rolfe@aon.com +61 2 9253 7452 Continuing the trend of the last five years, claims activity has remained modest and we are seeing a very benign claims environment. That said, insurers are still continuing to monitor worker-to-worker losses in relation to contractor and labour hire but are applying selfinsured retentions to manage the situation for the time being. Bill Pavey Placement Director - Casualty bill.pavey@aon.com +61 3 9211 3281 Up 3.07% Premium Looking ahead Little overall change is expected in the coming 12 months. The current high levels of competition look set to continue. This is compounded by insurers needing to write more business to meet their budget targets, and in general it will remain a buyer’s market for the foreseeable future. Aon’s Australian Insurance Market Update 1H 2015 9 Professional Indemnity Up Up 1.1% Exposure Pricing has remained stable over the last six months. Whilst rates remain much the same, the competitive situation is allowing for some movement on premiums. Although reductions are not necessarily easy to come by, they can be achieved if other considerations are made, such as increased deductibles. • Insurers are seeking more granular information about what businesses do and what their true exposure is 2H 2014 • The issue of compliance is becoming more topical for large overseas businesses needing to buy correct local policies Up • Cyber risk is on the increase. Clients need to be educated on the implications and increase cover to protect network security Up Insurers take a cautious approach 0.62% Premium The moderate claims environment we have seen over the past two years is continuing with claims frequency remaining steady. There has, however, been some loss settlement in the Australian market and globally. Large-scale Australian projects that were placed in London some time ago are now beginning to see their losses settled. This has made London insurers more cautious and they are reviewing information more diligently before accepting Australian business. Up 1.23% Exposure 1H 2015 [f] With many insurers suffering significant losses recently we have seen insurers adopt a more technical stance when assessing claims. This at times is calling into question their willingness to settle claims and has created some angst in the market and for clients. To this end it is clearly important that clients engage early with their broker to understand any potential issues and form a strategy around engagement of insurers. Insurers also appear to be taking a much more conservative approach to loss-making business than was previously the case and remarketing efforts are not necessarily achieving the results we would hope to see. Overall, the market is displaying a general reluctance to write business for loss-making portfolios or portfolios with a poor history. Market movements increase competition What the future holds Recent market consolidations, such as the one between Arch and Resource, and new entrants to the PI market are giving cause to be watchful. All signs indicate that the new entrants intend to take an aggressive approach to getting PI business and taking over existing portfolios. This will inevitably put pressure on pricing. The proposed merger of XL and Catlin could also see price pressures loom large. Over the next 12 months we can expect to see an increased desire to look at the granular level of what businesses do and what their true exposure is. Insurers will want to know more detail, particularly when it comes to their larger clients. The stimulus of new markets trying to enter the fray means that capacity remains as high as ever. With rates down overall and insurers under pressure to maximise diminished returns caused by falling premiums, competition is high. This competition is also creating a best-practice environment with insurers being compelled to provide the best wordings they can to be able to compete. Emerging trends Compliance has become a watchword for large overseas businesses with the onus on them to buy the correct local policies to comply with the law of the land. Early indications show that overseas businesses are becoming more aware of their responsibilities and are now more likely to be compliant. Businesses have traditionally been diligent when it came to compliance for D&O insurance, and we are beginning to see the same behaviours emerging in PI insurance. Long-term relationships between insurer and client are being tested as clients prioritise their desire to save money. Incumbent insurers are being placed under enormous pressure to reduce premiums as discounted rates are widely available from markets which are ‘new’ to the risk. This trend will continue, requiring underwriters to use flare and imagination to retain their business. The continuation of flat renewals looks set to continue with the exception of those renewals where insurers are keen to compete for desirable business. Cyber insurance is likely to be purchased more readily as clients become aware of the reality of the exposure and the cost to their business should an event occur. The exponential rise of cyber risk is of great concern. With more and more businesses falling prey to hackers, there is a general realisation that they need to have the necessary cover in place to protect network security. There is a real need for clients to be educated in this area as it does pose a significant risk to going concern. Up 0.23% Premium Paul Riding Placement Manager paul.riding@aon.com +61 2 9253 8266 10 Aon’s Australian Insurance Market Update 1H 2015 Aon’s Australian Insurance Market Update 1H 2015 11 Directors’ & Officers’ Liability Up Up 0.71% Exposure 2H 2014 In the last half of last year we began to see the market take a more aggressive stance. Whilst there had been some softening over the last two years with increasing competition, it hadn’t been of any great significance. However, the changes we saw towards the end of last year were new with an acceleration in intense competition and noticeable price reductions. Average discounts of 5 percent are not unusual in the current climate. Despite the predicted rise in claims, even hard-to-place risks are able to benefit from these reductions… 1 Clients are continuing to enjoy good times Down 4.02% Rate 2 The downward pressure on premiums and deductibles is set to continue 3 Insurers are remaining flexible in the breadth of policy cover offered This competition is obviously having a beneficial effect on clients. Insurers are forced to offer more and more for less and less and are becoming ever more flexible in the policy cover they’re prepared to offer to clients and the deductibles and excesses available. As insurers fight for their point of difference these items have become the new battlefront. Surplus capacity continues to impact the market Up 0.73% Exposure 1H 2015 [f] Much of this competition has been triggered by an oversupply of capital as insurers try to retain and grow their portfolios in an increasingly tight market. With new entrants vying for business, and other insurers starting to write D&O insurance to shore up losses in other insurance classes, this aggressive outlook looks set to continue. Economic downturn is a double-edged sword Update on Bridgecorp The level of claims in the D&O insurance class has remained steady. However, the volatility in the economy at the moment could signal a potential increase in claims in the near future. As the Australian dollar continues to fall, and oil and iron ore prices drop, several industries, such as the mining, resources and energy sectors, are beginning to feel the pinch. The engineering and construction sectors are also beginning to see a slowdown. In an addendum to the Bridgecorp case from the previous issue, the New Zealand courts have ruled that they do not have jurisdiction to enforce the statutory charge on D&O and other policies if a policy is issued outside New Zealand, e.g. in Australia. This will provide local companies with some relief as they may now be afforded protection under Australian policies. Many larger companies are having to halt production or shelve projects. This inevitably leads to an increase in redundancies. With redundancies comes the risk of an upsurge in claims from breaches of employment contracts or irregularities in redundancy packages. Reducing cashflow may generate its own problems as businesses grapple with their debt and credit obligations. As market forces change rapidly, company announcements need to keep step. Companies and directors have a duty to advise customers and investors of critical information, and timing is crucial. If directors fail to provide an appropriate response to new information quickly enough, they may find themselves facing claims from disgruntled investors. A number of larger companies are currently before the courts for allegedly holding back information which negatively affected shareholder investments. With pressure mounting, it would not be unusual to see an increase in claims in these industries. What’s more, the last two years have been benign in terms of catastrophe losses across the major classes of insurance. As a result, reinsurers have lots of capacity and are prepared to provide it at a lower price than perhaps previously. Capital is flooding into the global re-insurance market, with an injection of USD 6 billion in non-traditional insurance capital coming from super funds and sovereign funds. On the flipside, some industries, such as the export and airline sectors, are benefiting from cheaper fuel prices and a falling dollar. The likelihood of claims being brought against them is diminishing. They are also more likely to find favour with investors as people look to more positive stocks. There is currently so much capacity that it can’t be absorbed quickly enough at product level and it will be a few years before insurers see an upswing in rates. The retail industry, in broad terms, also seems to be moderately positive. The prevailing buoyancy at consumer level is good for the retail industry and will alleviate claims, although this could change quickly if unemployment deteriorates to any significant degree. Down 4.04% Rate Looking forward The continuous flow of capital flooding into the global and Australian markets looks set to continue over the coming year. The continued high levels of competition will render inadequate the reliance on reductions in excesses and deductibles to attract customers. Insurers will have to remain focussed on client needs in order to retain their custom. The lack of organic growth may also result in a number of insurer mergers. If the insurance industry is to increase returns in the future, it is going to have to be far more efficient and be prepared for change. The next 3-5 years are going to be so dynamic that they will set the fundamentals in the insurance industry for the next 30-50 years. In the future, the point of difference will be data and insights. Savings are to be found everywhere, but information is now the order of the day. Clients want to know how they can prevent claims from happening in the first place. Insurers who aren’t prepared to respond to these needs and make the necessary changes may not survive. Paul Smyth Placement Director – Financial Services paul.smyth@aon.com +61 3 9211 3123 12 Aon’s Australian Insurance Market Update 1H 2015 Aon’s Australian Insurance Market Update 1H 2015 13 Cyber Cyber risks have continued their rapid climb moving into the top five business risks globally for the first time this year. In a recent survey of Australian CEO’s conducted by PwC cyber risks was rated the second highest business threat to organisational growth. Counting the cost Looking ahead Businesses in the services sector, such as healthcare, education, hospitality, government etc., have been the most frequently targeted. These companies typically collect and store vast amounts of valuable data. Cyber crime is also evolving and becoming more targeted and sophisticated, with the amount of malware and malicious software rocketing by 400 percent since 2012. Every day cyber criminals are working on new techniques to penetrate the security of organisations in an attempt to disrupt systems, access sensitive data, and steal intellectual property. The potential consequence of a data, privacy, and/or network security breach is significant. Data breaches now cost on average USD 3.5 million, up 15 percent on 2013. The average cost per lost or stolen record is USD 145, a 9 percent increase on the previous year . Studies across 11 different industry sectors in Australia show that this cost is continuing to rise. There is a significant need for organisations and boards to become more aware of the threat that cyber risk poses to their bottom line and brand and reputation. As awareness increases and high-profile breaches are seen in the media, there will be a further uptake of cyber insurance with companies looking to transfer some of the financial risk off the balance sheet and on to an insurance mechanism. 1 If your organisation has yet to consider its cyber risk exposure, now is the time. 2 Examine the cyber risk framework and explore what options are available in terms of risk mitigation and transfer 3 Make sure you know what’s happening in the market in terms of your industry sector, the Privacy Act, and any legal requirements. The rise of cyber risk can be attributed to a number of factors: 1 Company changes: New product launches, mergers, acquisitions, market expansions, and the introduction of new technologies are all on the increase: these changes invariably challenge the strength of an organisation’s cyber security. 2 Mobility: The use of the Internet, Smartphones and tablets, in combination with bring-your-own devices, has made organisations’ data accessible everywhere. 3 Ecosystem: We live and operate in an ecosystem of digitally connected entities, people and data, increasing the likelihood of exposure to cybercrime in both the work and home environment. 4 The Cloud: Cloud-based services, and third party data management and storage open up new channels of risk that did not previously exist. Equally alarming is the associated backlash which sees customers more likely to abandon companies following a data breach. The average churn rate has increased by a further 5 percent. Pricing in a state of flux At the end of Q3 last year the Australian market was worth AUD 8-10 million, as compared to the much more sophisticated US market at almost USD 2 bn. However, the market in Australia is growing rapidly and estimates see the market doubling by the end of 2015. As cyber risk is a fairly new insurance, the market has yet to work out a consistent pricing model. We have seen a general decline in pricing recently, but we are also seeing vastly different numbers from different insurers depending upon their appetite and the rating model used. Insurers are keen to grow their book in a market where there’s abundant capacity so, as competition grows, we should see reductions in pricing in the long term once the market has settled. Already we’re seeing significant changes in limits. Where a year ago insurers would only provide AUD 5 million limits, some now offer AUD 10 million or even AUD 20 million limits. As more breaches start to hit Australian shores, premiums may rise in the short term. But as insurers gain an understanding of what the breaches entail, they will have a better idea what to charge and prices should start to stabilise. We will also see a significant increase in ASX takeup as companies become more aware of their brand risk and of their obligations under the Privacy Act. We can also expect companies that had already taken out cyber insurance to purchase higher limits in the second year as they begin to understand the true scope. Mandatory notification is not currently required in Australia under the Privacy Act. However, there is a sense that the Australian Government may take steps in the next six months to introduce legislation to make notification mandatory in the event of a serious data breach. It is worth noting that cybercriminals will never stop trying to compromise systems to obtain data. Organisations need to be aware of where they may be open to attacks, how attackers can enter their environment, and what to do if, and when, an attack occurs. 5 Infrastructure risk: Critical infrastructures, including public facilities, are also vulnerable to cyber attacks. Industrial control systems are at risk from attack by remote unauthorised access from anywhere in the world. It is estimated that by 2018 oil and gas companies globally could face costs of up to USD 1.87 billion from cyber attacks on infrastructure. Eric Lowenstein Cyber eric.lowenstein@aon.com +61 2 9253 7445 14 Aon’s Australian Insurance Market Update 1H 2015 Aon’s Australian Insurance Market Update 1H 2015 15 Financial Institutions Following on from last quarter, broad coverage terms continue to be available in the marketplace, but need to be heavily negotiated. There is still abundant ‘theoretical’ capacity in the market. However, when it comes to the actual provision of capital, it can still be somewhat cyclical and uncertain, particularly for large risks. 1 Insurance market conditions remain largely unchanged despite continued claims activity across the financial services sector 2 Pricing has become a more dominant factor in purchasing decisions 3 Financial services clients continue to scrutinise their network security and privacy exposures before making purchasing decisions Regulatory obligations affect claims Buyers benefit from increased competition Since the financial crisis, considerable emphasis has been placed on creating a more tightly regulated and less distressed financial system. One consequence has been an increase in regulatordriven settlements. These settlements are changing the nature of claims with claims being made without customer instigation. The change is also encouraging the need to amend policy language so that it not only responds to traditional customer claims, but also meets certain regulatory obligations. A number of large European financial institutions have stopped purchasing Professional Indemnity insurance over the past quarter. This decision has resulted in a large pool of premium to the insurance market which needs to be replaced. A number of London markets are taking up the gauntlet and focusing heavily on writing new business. This translates to additional competition for Australian buyers. The Murray Inquiry has now handed down its report of recommendations for the financial services sector. It is expected that the additional emphasis on ‘consumer welfare’ will translate to additional claims activity. Insurers, therefore, anxiously await confirmation of what recommendations are to be implemented. Pricing takes on more importance As the market evolves, so too do client priorities. Pricing, longterm relationships and terms and conditions have, until now, been the key drivers of purchase decisions. However, whilst clients have historically been supportive of their long-term insurer relationships, we are now seeing price become a more dominant factor. Despite this shift, however, financial institutions continue to rely on brokers to select insurance markets that will provide the best combination of attributes for their needs. They are still prepared to make purchasing decisions in favour of the financial strength of counterparties and their willingness to make claims payments The change in purchasing attitude presents a clear challenge to the insurance market. When reviewing their strategy and value proposition, insurers must now consider whether to continue competing largely on price for insurance products that no longer entirely fulfil the needs of ever-evolving financial institutions. Alternatively, they can propose risk transfer solutions for some of the new and emerging risks. Looking ahead It is important to note that financial institutions tend to experience more volatile premium rates than all other industries. However, we don’t expect to see any material change to current pricing levels in the near future given the abundance of available capacity in the insurance and reinsurance markets. Understanding and managing risk are critical success factors for financial institutions, and financial services firms are now experiencing a higher level of oversight from their boards than any other industry. The insurance industry must, therefore, continue to maintain its relevance as a valuable partner by having a thorough understanding of the sector’s concerns and providing appropriate solutions. Whilst we know that buyers are now more keenly intent on achieving lower premiums, it is worth asking whether financial institutions should also demand more innovation from their insurers to help them meet their long-term risk management needs. The exponential rise of cyber risks is a prime example of an area where insurers need to respond to the governance and coverage requirements of financial institutions by providing appropriate risk transfer solutions. Eden Fletcher National Financial Lines Placement Manager eden.fletcher@aon.com +61 2 9253 7610 16 Aon’s Australian Insurance Market Update 1H 2015 Aon’s Australian Insurance Market Update 1H 2015 17 Workers’ Compensation and Work Health & Safety New South Wales Northern Territory Workers’ Compensation WorkCover NSW announced the successful applicants for its scheme Agent tender in November 2014. As a result of the tender, the existing seven Agents have been reduced to five; the licences for Xchanging and Gallagher Bassett were not renewed. WorkCover has reallocated the respective portfolios as follows: Workers’ Compensation For almost ten years, the workers’ compensation scheme in the Northern Territory has struggled to remain financially viable. As a result, the review of the Northern Territory Workers’ Rehabilitation and Compensation Act has recommended key changes to the legislation which will restrict benefits from the current ‘pension based’ model unless the worker is deemed to be seriously injured. • Gallagher Bassett Services Pty Ltd’s clients will transfer to Allianz Australia Workers’ Compensation (NSW). National Seafarers A recent Federal Court of Australia decision has significant ramifications for employers that operate a ‘prescribed ship’ within Australian waters. Previously it was felt that Seafarers legislation only applied to ‘prescribed ships’ that operated for the purpose of ‘trade or commerce’ either interstate or internationally. However, the broadness of this decision indicates that operators of prescribed ships for trade or commerce need to have Seafarers workers compensation coverage or risk being uninsured. Seacare is reviewing the implications of this decision and will provide further directions in due course. Comcare The Amendment Bill to allow national employers the opportunity to self-insure under the Safety Rehabilitation and Compensation Act passed through the House of Representatives on 26 November 2014. It will be debated further once Parliament begins the autumn session on 9 February 2015. The new Bill stipulates the removal of the ‘competition test’ from the eligibility criteria for companies seeking entry into the Comcare scheme as self-insurers. This change will give more businesses that operate in two or more states in Australia the opportunity to move into a single workers’ compensation jurisdiction. This would enable them to provide the same benefits for all their employees. Multi-state companies that are already able to demonstrate competition with a current or former Commonwealth Authority (or that are themselves a current or former Commonwealth Authority) do not need to wait for the Bill to pass through Parliament to commence the application process. 18 Aon’s Australian Insurance Market Update 1H 2015 Work Health and Safety Safe Work Australia Members met on 11 December 2014. • Xchanging Limited’s clients will transfer to Employers Mutual NSW Limited. Members provided an update on the implementation of the model WHS laws in their jurisdictions. The final report on the examination of the model WHS laws requested by the Council of Australian Governments will be sent to Ministers for their consideration. • GIO is to acquire an additional 5% of market share from QBE. Members agreed to consider proposals to improve the model WHS Regulations and to report back to Ministers by end of April 2015. Agreement in principle was reached on revised guidance material for ‘Cranes and Plants in Rural Workplaces’ whilst agreement could not be reached on guidance material for ‘Tree Trimming and Removal – Crane Access Methods’. Australian Capital Territory Work Health and Safety The Dangerous Substances (Asbestos Safety Reform) Amendment Bill 2014 came into effect on 1 January 2015 bringing ACT legislation in line with the national model WHS laws developed by Safe Work Australia. The reform package includes the Work Health and Safety (Asbestos) Amendment Regulation 2014, and two supporting codes of practice. The Government also regulated the removal of asbestos in nonworkplaces through new additions to the Dangerous Substances (General) Regulation 2004. From 1 January 2015 a person must not remove asbestos or asbestos-containing material from any premises (including residential premises) unless the person is an appropriately licensed asbestos removalist. It is expected that existing claims will be reallocated to the successful agents from May 2015. WorkCover NSW has also flagged its intention to change the current premium calculation methodology for medium and large employers. It is not yet known what the changes will entail, however, it is anticipated that WorkCover may move to a model that removes the current ‘hindsight adjustment’ and allows for a fixed-premium rate for the period of insurance. More information is expected over the next three months. Work Health and Safety Harmonised WHS laws for the NSW mining sector take effect from 1 January 2015, with the Work Health and Safety (Mines) Act 2013 replacing the Coal Mine Health and Safety Act 2002 and the Mine Health and Safety Act 2004. The Act and subordinate regulation are based on Safe Work Australia’s model WHS legislation. From 1 January 2015, compliance requirements for ‘hazardous chemicals’ notification under Schedule 11 of the Work Health and Safety Regulation 2011 have been simplified. Queensland Workers’ Compensation & Work Health and Safety To provide streamlined access to safety and workers’ compensation information and services, the Queensland government has established a website that combines Workplace Health and Safety Queensland, WorkCover Queensland, the Electrical Safety Office, and the Workers’ Compensation Regulator into a single website available at www.worksafe. qld.gov.au. All enquiries for the four organisations are now funnelled through a single telephone number. Work Health and Safety NT WorkSafe has extended some transitional arrangements under the WHS legislation. These include: • the requirement to provide audiometric testing to workers (Reg. 58 – extended to 1 January 2016); • the requirement to hold High Risk Work Licence (Reg. 81, Schedule 3 – extended to 1 July 2015); • the requirement for independent clearance inspection of asbestos removal areas (Reg. 473(2) (b) - extended until 1 January 2016). Several transitional arrangements expired with effect from 1 January 2015 and can be found on the NT WorkSafe website at http://www.worksafe.nt.gov. au/NewsRoom/Lists/Posts/Post.aspx?ID=88. Victoria Workers’ Compensation The Victorian scheme remains in surplus. The Government has indicated that any surplus accumulated by the Victorian WorkCover Authority would be used to fund improved benefits and access for injured workers, lower premiums for Victorian businesses, and improve workplace safety and the health of the Victorian workforce. Work Health and Safety With the recent change in government in Victoria, the previous stance on rejecting Safe Work Australia’s model WHS legislation may be reviewed. It is expected the current Government will: • review the effectiveness of OHS legislation, regulation and enforcement by the VWA; • ensure labour-hire arrangements are not used to compromise workers’ safety; and • establish an independent research council to report to Parliament on the latest research on WHS, including occupationally linked disease. Aon’s Australian Insurance Market Update 1H 2015 19 Tasmania South Australia Workers’ Compensation WorkCover Tasmania issued their annual report in late October 2014. The report indicates that the scheme continues to be unprofitable for insurers with the average premium rate being 21% below the suggested rate. Claims frequency was below the expected volume, but claims payments were higher. In addition the scheme has underperformed against the national Return to Work Rate (86% vs Average of 87%) and Current Return to Work Rate (76% vs Average of 77%). Premium rates are expected to remain under pressure for the foreseeable future. Workers’ Compensation A new premium model has been proposed for the South Australian Scheme to take effect on 1 July 2015. Whilst it has yet to be finalised, the intention is to introduce one premium model for all employers, with a discount being applied for employers who have no ‘claims costs’. An employer’s premium will now be adjusted upwards to a maximum percentage which is based on the amount of claims costs paid during the preceding year on all claims reported in the three-year window. Only those costs actually paid will be included so there will be no more estimates of future costs. Each dollar of paid cost will only be used once in the premium calculation instead of three times as is the case with the current premium calculation. Work Health and Safety Several changes to the Tasmanian WHS legislation took effect from 24 December 2014. These changes included • Technical amendments related to high-risk work and licensing; mutual recognition of major inspections; control measures for amusement devices to include passenger ropeways; and cancellation of registration issued for plant designs and items of plant. • Removal of regulations related to protective structures on earthmoving machines (Reg. 217); and registering designs for prefabricated formwork (Schedule 5). • Deferral of commencement to 1 January 2017 for regulations related to diving work (Regs. 168-170, 178-181); and asbestos testing and analysis [(Regs.423 (2), 479(2)]. Western Australia Workers’ Compensation The WA Government has approved the drafting of a bill to repeal and replace the Workers’ Compensation and Injury Management Act 1981. No further announcements have been made with regard to the timing of the drafting process. However, the Government is committed to a consultative approach and intends to release a draft of the bill for public comment before it is introduced into Parliament. The premium rate is to be fixed at the start of each policy period. This means that there will just be an adjustment at the end of the period based on actual wages. The model is intended to reward employers who are able to achieve an early and sustainable return to work for their injured workers. The provision of suitable duties at the earliest possible opportunity will help to minimise the cost of claims. Work Health and Safety Two new regulations came into effect on 1 January 2015: • Recognition of asbestos removal licences in other jurisdictions (Reg. 488); and • Quarterly WHS reporting requirements for mining (incidents as defined in Schedule 24). Transitional arrangements also expired on several regulations including: • Licensing to carry out high risk work [Reg. 724(7), 724(8)]; • Asbestos licensing and work (Regs. 727- 729); and • Duty of designers (Reg. 731). Work Health and Safety Unlike the majority of Australian jurisdictions, WA is expected to maintain separate WHS and Dangerous Goods laws when the WHS Bill is tabled in Parliament. On 11 December, Mines and Petroleum Minister Bill Marmion advised that the reform of dangerous goods regulations would combine six sets of existing rules into one. As previously reported, the Work Health and Safety Bill 2014 remains open for public comment until 30 January 2015 and is available at https://www.commerce.wa.gov. au/worksafe/work-health-and-safety-bill-2014. Matthew Brown Placement Director – People Risk matthew.j.brown@aon.com +61 2 9253 7248 20 Aon’s Australian Insurance Market Update 1H 2015 New Zealand Aon New Zealand • Property pricing continues to decline, with some variations across market segments. Rate reductions are now common for property business generally however there remains a differential in the level of reductions between the corporate and commercial property sectors; • Policy terms and conditions remain largely unchanged with insurers strongly focused on ensuring policy wordings reflect their reinsurance arrangements; • Non-property classes of insurance continue to be competitive with increased interest in low risk liability products, from both existing and new markets, and in short tail motor business as the IAG/Lumley merger creates potential opportunities; • An increasing need to consider the insurance ramifications of new and proposed legislation including the new Health and Safety regulations. The higher level of FMA activity (investigations/prosecutions) has also precipitated a review of the terms of cover afforded under Statutory Liability policies; • IAG completed the acquisition of Lumley in Australia and New Zealand in July 2014 and the merger and restructuring of the two operations continues to make progress; • Several new insurers have entered the market in the last 12 months including Delta Insurance (a specialist liability underwriting agency), Berkshire Hathaway Speciality (who will write property, casualty and financial lines) and Chubb (who have obtained a NZ insurance licence through their Australian subsidiary); The market has moved on from the global and NZ natural catastrophes experienced in recent years. An influx of new capital has come from both traditional reinsurers looking for improved returns and from non-traditional sources in the form of catastrophe bonds, often issued or backed by large municipal pension funds looking for higher returns. This new reinsurance capacity coupled with relatively low natural hazard losses has driven improved profit results for local insurers. These local insurers, on the back of their improved financial positions, are looking to grow once again and this competitive tension has driven the recent rate declines in the insurance market. Set against this background of increased competition insurers are however conscious of remaining disciplined in how they assess, underwrite and price risk to avoid a return to past eras where competition drove unsustainable pricing. Increased regulation and oversight of the insurance industry may also have some impact in this area. Overall, the market is competitive however quality risk and underwriting information remains important and preparation for insurance renewals should commence well in advance and be communicated effectively to ensure the best possible pricing and terms can be achieved from insurers. Many corporate clients are seeing value in benchmarking their risk information against their local and international peers. Aon, through its proprietary Global Risk and Information Platform (GRIP) is able to assist in producing comprehensive benchmarking reports that enable companies and boards of directors to measure the suitability of their risk transfer programme. We encourage clients to review their business risks and define what insurance is required to ensure their objectives are achieved. The NZ insurance prudential regime requires progressively more capital allocation from insurers. A prolonged low interest-rate environment will likely see insurers increasingly turn to the new reinsurance capital to meet these increased prudential requirements. • Insurers are generally forecasting profit growth, with those having a 30 June balance date expecting strong contributions from their NZ operations. These forecasts are tempered by the proviso that there are no significant natural peril disasters before balance date. Angus McCullough Chief Broking Officer – New Zealand angus.mccullough@aon.com +64 9 362 9059 22 Aon’s Australian Insurance Market Update 1H 2015 Aon’s Australian Insurance Market Update 1H 2015 23 London The Lloyd’s, London and European market The Lloyd’s, London and European property market (The “London market”) continue their strong appetite for Australian and New Zealand clients. Business from this region remains desirable given the strong risk management culture, robust contractual requirements, buying strategy and shared social, cultural and historical similarities. The attraction of carrier headquarter decision making in London and Europe remains strong and many insureds strategically elect to maintain a global diversification of their panel - increasing competition and mitigating against any short term local market rating spikes, as evidenced in the aftermath of the Canterbury earthquakes and Queensland floods. The London market as a collective underwrite more written premium than any individual carrier in Australia and New Zealand and therefore are a decisive factor in the surplus capacity in the Australian and New Zealand market and the continued downward rate movement. Premium from the US continues to dominate the market and strong appetite in the US domestic market remains putting increased pressure on markets in London. Underwriters attempts to defend their existing portfolio and offset any lost business with new opportunities on a global basis has resulted in further London and European entrants to the Australian and New Zealand property space in 2015. There are those exploring Australasia as a territory to diversify from their core geographical folder and those already engaged territorially, targeting traditionally more challenging and heavy industrial occupancies as another avenue for new business possibilities. As we have seen within the local Australasian market with declining rates across all occupancies, the focus on risk selection and the profitability of specific industry sectors has become even more of a focus and the London market continues to provide options to those Australasian clients with more challenging occupancies, high hazard natural catastrophe exposures and claims frequency. Rates in the London and European market continued to fall in the latter stages of 2014 and indeed rating pressure escalated in the run up to year end as budget pressures mounted. Low double digit rate reductions were common and in line with rate movement in Australia and New Zealand. Expectations for 2015 Against this fiscal backdrop, a highly capitalised market and assuming the benign natural catastrophe events continue, we expect similar rating environment to that enjoyed by insureds over the past twelve months. Whilst many markets in London are keen to highlight a reduced gross written premium expectancy in 2015, the reality is that the vast majority will need to grow their policy count to be in a position to match budget targets and these pressures will continue to drive behaviour. Aon’s exclusive Sidecar agreement with Berkshire Hathaway has been extended to cover renewal dates up to March 2016. This will continue to drive competition within the market and allow enhanced options for our clients placing business into London. Andrew Laing Chief Broking Officer – Global Broking Centre London andrew.laing@aon.co.uk +44 (0)20 7086 4592 Aon’s Australian Insurance Market Update 1H 2015 25 Reinsurance The quality of the financial security for the (re)insurance market has never been higher. Reinsurers, like their insurer counterparts, are taking less risk per unit of capital than they ever have before. The price of traditional reinsurance, particularly property catastrophe reinsurance, has fallen in response to disruptive alternative capital. This capital has become increasingly more influential and is now a price maker rather than a price taker. Based on the combination of quality and price, the value proposition of reinsurance today has never been higher. Retention levels on all classes of business remained steady on a nominal basis. This translates into effective reductions based on the probability of attachment from a loss perspective. • The insurance industry has access to record levels of reinsurance capital from both traditional and alternative sources Looking ahead • The quality of the financial security for the (re)insurance market has never been higher • Insurers have the widest selection of high quality offers of accretive underwriting capital choices we can recall January 2015 renewals Australian and New Zealand catastrophe placements at January saw the favourable market conditions continue. However, risk-adjusted rate reductions tapered off slightly when compared to July 2014 with around 5 to 10 percent being cut off the previous January 1 renewals. The main driver for these reductions was the ready availability of quality capacity. The increased competition is putting pressure on smaller reinsurers to maintain their shares and relevance on placements. Whilst the majority of reinsurance capacity is still provided by the traditional reinsurance market, renewals saw further interest from non-traditional markets, particularly in the main catastrophe excess of loss placements. These markets have also increased relationships in Australia and New Zealand by providing more exotic coverage. Insurers have the widest selection of high-quality offers of accretive underwriting capital choices we can recall. Growth and consolidation plans for leading insurers have found complementary support from partners in the reinsurance market. We expect the trends seen in January to continue into April, June and September catastrophe reinsurance renewals, and our expectation is that market conditions will remain favourable with riskadjusted rate reductions in the order of 5 to 10 percent. Whilst we expect to see rate reductions continuing, we believe that the rate of these reductions will moderate somewhat as reinsurers evaluate pricing adequacy levels more closely before committing capacity. However, in return for a moderation of rate reduction, insurers are likely to seek coverage improvements and enhancements that will assist their original insurance offerings. Risk-adjusted reductions are being tempered by the higher (capacity) layers on ANZ programs where exhaustion points exceed a 300-year return period. These layers are reaching ‘new minimum’ ROL levels so are typically not achieving the same level of reductions seen in other parts of programs. This information may be regarded as general advice. That is, your personal objectives, needs or financial situations were not taken into account when preparing this information. Accordingly, you should consider the appropriateness of any general advice we have given you, having regard to your own objectives, financial situation and needs, before acting on it. Where the information relates to a particular financial product, you should obtain and consider the relevant product disclosure statement before making any decision to purchase that financial product. No Warranty We make no representations or any warranty of any kind whatsoever (expresses or implied) regarding the content of this information or its suitability or fitness for any purpose. Financial and Legal Advice Disclaimer This information is intended to provide general insurance related information only. It is not intended to be comprehensive, nor does it, or should it (under any circumstances) be construed as constituting legal or financial advice. You should seek independent legal or other professional advice before acting or relying on any of the content of this information. Exclusion of Liability You agree that we (Aon) will not be responsible for any loss, damage, costs or expense you or anyone else incurs in reliance on or use of any information contained in this information/presentation/report. John Carroll Head of Broking john.carroll@aonbenfield.com +61 2 9650 0460 Aon’s Australian Insurance Market Update 1H 2015 General Advice Warning All references to reported past performance is not an indication of future performance. Soft market conditions also continued across casualty market placements with reinsurers seeking to support these placements to diversify away from catastrophe exposures. This is also part of their strategy to build deeper relationships with clients. The resulting increase in the supply of casualty business is driving very competitive terms and conditions. 26 Disclaimer © 2014 Aon Corporation Australia Limited ABN 58 004 756 772 ARS0078A 0314 Adelaide Level 10, 63 Pirie Street Adelaide SA 5000 08 8301 1111 Melbourne Level 51, 80 Collins Street Melbourne VIC 3000 03 9211 3000 Brisbane Level 2, 175 Eagle Street Brisbane QLD 4000 07 3223 7400 Perth Level 7, 28 The Esplanade Perth WA 6000 08 6317 4000 Hobart Level 2, 100 Melville Street Hobart TAS 7000 03 6270 0400 Sydney Level 33, 201 Kent Street Sydney NSW 2000 02 9253 7000 aon.com.au ARS0130 1214
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