terrorism risk insurance september 18, 2013. marsh 1 may 12, 2015 the september 11, 2001, terrorist...
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MARSH 2April 18, 2023
• The September 11, 2001, terrorist attacks created a severe market shortage for terrorism insurance
• The US Congress passed the Terrorism Risk Insurance Act (TRIA) as a federal “backstop” for insurance claims related to terrorism events in the US and US interests abroad– It has been extended (with amendments) twice and the current Act is
scheduled to expire on December 31, 2014, if not renewed
• Marsh’s 2013 Terrorism Risk Insurance Report examines, in-depth, the continued demand for terrorism insurance based on take up rates, coverage nuances, and a number of other factors – data that supports an extension of TRIA
TERRORISM RISK INSURANCEThe Terrorism Risk Insurance Program Reauthorization Act (TRIPRA)
MARSH 3April 18, 2023
Evolution of TRIA
TRIA 2002
TRIA Extension 2005
TRIPRA 2007
Termination December 31, 2005 December 31, 2007 December 31, 2014
Make-available provisionMust make coverage available for certified acts of terrorism on same terms and conditions as for other covered risks
No change No change
Covered actsForeign terrorism in the U.S. and on U.S. interests abroad. Includes an act of war for workers’ compensation policies only.
No change
Foreign and Domestic terrorism in the U.S. and on U.S. interests abroad. Includes an act of war for workers’ compensation policies only.
Certification level $5 million No change No change
Program trigger $5 million
$5 million in 2006 (thru March 31, 2006)$50 million in 2006 (after March 31, 2006)$100 million in 2007
$100 million in insured loss in a Program Year
Covered Lines
Commercial property and casualty (P&C) insurance (including excess insurance, workers’ compensation and surety insurance)
Commercial P&C insurance (including excess insurance, workers’ compensation and directors and officers insurance)
No change
Excluded
Federal crop Private mortgage Financial guaranty Medical malpractice Health or life insurance including
group life Flood under NFIA Reinsurance or retro
Added Exclusions: Commercial autoBurglary and theftSurety Professional liabilityFarm owners multiple peril
No change
Insurer Deductible (% of direct earned premium) 15 percent in 2005 17.5 percent in 2006
20 percent in 2007 20 percent
Federal reinsurance quota share 90 percent in 2002-2005 90 percent in 200685 percent in 2007 85 percent
Insurance industry retention for mandatory recoupment $15 billion in 2005 $25 billion in 2006
$27.5 billion in 2007 $27.5 billion
Cap on liability $100 billion No change No change
MARSH
Summary of Proposed Legislation As of September 10, 2013
StipulationsTerrorism Risk Insurance Act of 2002 Reauthorization Act of 2013 (H.R. 508)
Terrorism Risk Insurance Program Reauthorization Act of 2013 (H.R. 2146)
Fostering Resilience to Terrorism Act of 2013 (H.R. 1945)
Sponsorship 75 cosponsors, 35 Republicans and 40 Democrats
31 cosponsors, 30 Democrats and 1 Republican 6 Democratic cosponsors
Term (Expiration) December 31, 2019 December 31, 2024 December 31, 2024
Recoupment Deadline September 30, 2024 September 30, 2027 September 30, 2024
Reporting Requirements None
2013, 2017, 2020, and 2023 on the findings of the President’s Working Group on Financial Markets to determine long term affordability/availability of terrorism insurance
2013, 2017, 2020, and 2023 on the findings of the President’s Working Group on Financial Markets to determine long term affordability/availability of terrorism insurance
Other Key Changes None None
− DHS to provide Insureds with appropriately classified terrorism risk information and information on best practices, to “foster resilience” to a terrorist act
− Act Certification by Secretary of DHS (and not Sec. of State) in concurrence with Sec. of Treasury
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MARSH
How The Act Works2007 Renewal (Current In-Force)
Recoupment Process
−For certified acts up to and including $27.5B, Treasury is “required to recoup 133% of the government coverage…through surcharges on property/casualty insurance policies” by Sep. 30, 2017
−If the industry loss exceeds $27.5B, Treasury has discretionary authority to apply recoupment charges
−Surcharge to policy not to exceed 3% of policy premium
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$100B
Maximum w/outadditional action
by Congress
85% TRIPRACoverage
CompaCompany Retention
$100M 20% of Commercial Lines PremiumAggregate
Minimum >
$5M Event> Certification
Original Policy Deductible
15%
Com
pany
Co-
Parti
cipa
tion
MARSH
59%
77%
63%
53%
59%
78%
63%
56%58%
74%
59%57%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
Midwest Northeast South West
2010 2011 2012
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Property Terrorism Insurance Take-up Rates by Region
MARSH 8April 18, 2023
• Terrorism exposure presents a unique challenge for workers’ compensation insurance
– Workers’ compensation coverage is compulsory – employers are required to provide it to employees
– Individual states regulate the line of business– Statutory / unlimited requirements for workers’ compensation loss– No option to exclude or sublimit any form of terrorism loss (i.e.
conventional or NBCR)
• TRIPRA does not distinguish between attack modes
• Coverage follows that afforded in the primary policy
• Annual policies with expiration dates on or after 1/1/2015 may be negatively impacted
TRIPRA and Workers’ Compensation
MARSH
TRIPRA Statistics by Policyholder Surplus ($000s)< 50M 50M to 100M 100M to 300M 300M to 500M 500M to 1B 1B to 5B > 5B
Company Count 487 83 129 41 40 50 24AVG. YE 2012 Comm. DEP 7,993 40,872 88,920 191,811 354,906 847,944 3,913,612
Avg. TRIPRA Deductible 1,598 8,174 17,784 38,362 70,981 169,589 769,862Avg. Deducitble as % of PHS 17.03% 11.65% 10.29% 9.63% 10.42% 7.90% 6.51%
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Small v. Large Carrier Concerns
• 2012 industry surplus for insurance companies writing TRIPRA exposed business is $589B
• Approximately 850+ carriers subject to program
• A higher percentage of the surplus for smaller insurers is required to meet the deductible requirements of TRIPRA. Consequently, smaller insurers tend to incorporate TRIPRA recoveries into their risk management strategies
• Larger insurers with TRIPRA deductibles in the billions of dollars tend to manage their exposures to specific zone accumulations rather than incorporating TRIPRA recoveries
• Rating agencies are focusing on risk accumulation / aggregation profiles and are asking insurers for specific strategies if TRIPRA expires without a replacement
• Reinsurers are able to provide more coverage for conventional weapons attacks than for NBCR attacks
MARSH
Efficacy of Private Market Reinsurance Capital
− September 11, 2001• $32.5B (2001 dollars)• $42.9B (2013 dollars)1
− Largest Modeled Conventional Weapon Loss• $38.6B2 – 10 ton truck bomb in Midtown Manhattan
− Largest Modeled NBCR Loss• $941B2 – nuclear detonation Midtown Manhattan
(Re)Insurance Industry is not adequately capitalized to support NBCR Loss
Notes: 1. 2013 dollars based on Bureau of Labor statistics CPI Index2. The loss figures above assume a 100% Property take-up rate among
commercial insureds3. Industry capital figures presented assume 100% of capital is available, or
deployed, to cover terrorism. In reality, many (re)insurers – particularly capital/convergence markets – have little-to-no appetite to write terrorism because of correlation with financial markets loss.
Source: Guy Carpenter Business Intelligence
April 18, 2023
Est. $195BGlobal
ReinsuranceDedicated Capital
Est. $700B3 P&C US (Re) Insurance Dedicated Capital
Est. $100BNorth American
ReinsuranceDedicated Capital
Private Industry Capital Loss Scenarios
10
MARSH 11April 18, 2023
Current Market Impacts
• Estimate $750M to $2B of individual risk capacity
– Less capacity available and more expensive for terror exposed central business districts
• Uncertainty around TRIPRA’s future and the possibility of late extension is creating capacity and pricing issues for insurance buyers
– Large carriers have implemented “conditional TRIPRA endorsements” and pushing prices up on large accumulation risks
• Market impact is expected to worsen starting on January 1, 2014
– Carrier withdrawal and / or short term policies issued
– Especially on the workers’ compensation line of business
• Absence of TRIPRA or a substantial change, will
– Increase cost to insurance buyers across many industries
– Reduce availability of terrorism coverage in the private market
– May cause some policyholders to go without insurance protection against terrorism exposures
MARSH 12April 18, 2023
Considerations for Reauthorization of TRIPRA
Qualitative Changes•Inclusion of cyber terrorism as an enumerated covered line of business•Improve certification process and timing•Bi-furcated coverage: Conventional (where more private market capacity is available) and NBCR perils (where it clearly is not)
Quantitative Changes – Range Estimates Based on Ongoing Debates1.Company deductible
– May be increased (incrementally) from 20% to 25% in line with growth in industry surplus
2.Aggregate threshold– May increase aggregate trigger from $100M to $250M over time.
Impact on regional/mutual insurers should be considered3.Company co-insurance
– Potential for increase in insurers co-participation from 15% to 20%
Notes:– Restrictions of TRIPRA based on the ranges outlined above may cause some level of
market disruption and / or increase the cost of insurance coverage– The numbers above do not constitute Marsh & McLennan Company’s recommendation
and are intended to reflect the range of discussions on some possible changes in a reauthorization of TRIPRA
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