Solicitors¢â‚¬â„¢ Professional Indemnity Insurance Solicitors¢â‚¬â„¢ Professional Indemnity Insurance July 2019

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  • Howden market report Solicitors’ Professional Indemnity Insurance

    July 2019

  • Page 2 Howden Market Report: Solicitors PII

    Howden welcomes you to our latest market update for Solicitors’ Professional Indemnity Insurance (PII). It is a time of change and challenge for legal practitioners. In November, new Codes of Conduct will be introduced – one for firms and another for individuals. They will include arrangements for solicitors to deliver legal services to the public on a freelance basis and from businesses that are not authorised by the SRA. There is relentless change to other rules and regulations and the SRA has published a new enforcement strategy. As always there is also the purchase of PII to manage – one of the most significant costs for law firms. In the meantime there are the demands of the “day job” as you continue to deliver the highest quality of service to your clients. As a specialist PII broker in the legal professions market we understand these pressures and the importance of ensuring that you are kept up to date with relevant developments in both the insurance market and your profession.

    This report: • reflects on the outcome of the April 2019 solicitors’ PII renewal season • forecasts what lies ahead for the October 2019 renewal season • provides an overview of current claims issues • reviews changes to practising structures • updates the status of the SRA’s consultation on the Minimum Terms

    and Conditions • highlights some recent developments in relation to residential

    conveyancing practice • demonstrates the strength of the Howden PII proposition for solicitors.

  • Howden Market Report: Solicitors PII Page 3

    PII Premiums

    Setting the scene Market conditions have been favourable for buying PII for some years. This has been the case across all professions, not just solicitors. Capacity has been plentiful and renewing PII has been relatively straightforward, although engaging with a specialist PII broker to ensure you are paying a fair premium has still been important. This scenario was not expected to last and a turning point arrived in July 2018, when Lloyd’s of London published their thematic review highlighting that PII was one of their worst performing lines of business. Rate increases have followed. This was a catalyst for company markets to adopt a similar position to Lloyd’s syndicates, having also experienced poor performance on their PII books.

    While that is the scenario in the wider market, the burning question is how this is translating into rate increases in relation to solicitors’ PII.

  • Page 4 Howden Market Report: Solicitors PII

    Rate Leading up to 1 April 2019 there was a great deal in the legal press warning that there would be a significant hardening of rates. There are two stories to tell, as there was a marked difference between the primary (compulsory) £2m or £3m limit and the excess layer market.

    The primary £2m or £3m coverage is where most of the premium is always focused, being the layer that is the most vulnerable to claims. This is a real area of concern for firms, as any increase can be significant in money terms. There was a variation between insurers as to the level of increase they were proposing at the start of the renewal period, and any increases suggested were rarely applied “across the board”. That was expected as some insurers will apply increases more heavily towards certain areas of practice and/or to those firms with a more challenged claims experience. Insurers will always be keen to retain more profitable risks and accordingly the rate increase for a firm with a good claims history will invariably be at a more modest level than other more challenged firms, despite them having the same insurer.

    In previous years, a firm’s growth in fee income would sometimes be absorbed and the expiring premium maintained – thereby achieving a rate decrease. That changed this year. If gross fees had increased then it was factored into the calculation, with the increased rate applying across the total gross fee income.

    The graph below shows our April renewal book grouped into gross fee bands. The graph records the average change in gross fees, premium and claims with reference to each band. Claims activity has been measured with reference to both claims payments and reserves over the last 5 years.

    1 April 2019 Renewal: What happened?

    80.0%

    Avg Difference in Fees

    Under 500k 500k to 1m 1m to 2m 2m to 3m 3m to 4m Over 4m

    Fees, Claims and Premium changes by size of firm

    Avg Difference in Premium Avg Difference in Claims

    0.0%

    60.0%

    -20.0%

    40.0%

    -40.0%

    20.0%

    -60.0%

  • Howden Market Report: Solicitors PII Page 5

    The graph shows:

    a. There was an average increase in gross fees for each band with the largest average increase being for those firms earning £3m to £4m gross fees per annum.

    b. With the exception of firms in the £2m to £3m band, there has been a decrease in claims activity.

    c. As expected, average premiums have increased beyond the increase in gross fees and notwithstanding decreases in claims activity.

    d. Again as expected, the most significant increase in premium has occurred in the sector where claims activity has increased. This confirms that, generally, underwriters are adopting a granular approach with a greater share of the increase being directed at those firms that are more challenged from a claims perspective.

    Reflecting on the final result across our April renewal book, while some rates did increase across the primary layer, it was not to the levels many had feared. The average increase (based on rate on fees) was 7.1%, obviously with some firms above and others below this. This was a good result and our extensive range of “A” rated insurers helped us keep any increases to a minimum for our clients.

    Excess layers were more challenged. The excess layer market has been “cheap” for years. In recent years the solicitors’ market has experienced a decline in the number of claims notified compared to the heady days post-recession, however there has been an increase in the value of claims. More claims have been hitting the excess layers, resulting in some significant losses to the market. It was therefore no surprise that we saw rate increases ranging up to 100% in this area. While that is high as a percentage figure, when applied to what is a very modest starting point, it is manageable in “money” terms. It still represents value for money and is an important aspect of your insurance programme as discussed further below.

    Appetite We did see some insurers revisit and limit their appetite. This was mainly with reference to the level of conveyancing as an area of practice, which as we all know continues to generate a concerning level of claims activity. While that did not generally affect firms already on an insurer’s existing book, it was applied to new business cases. Otherwise, there was a good appetite for new business and the competition this generated helped to keep rate increases in check.

  • Page 6 Howden Market Report: Solicitors PII

    Capacity There have been some departures from the solicitors’ PII market over the last 12 months. Large firm specialist Libra left in late August last year and some of the insurer capacity behind Managing General Agents such as Omnyy and Maven has also been withdrawn and replaced. However, there is no need for panic. There are still plenty of “A rated” insurers willing to write solicitors’ PII. We are not aware that any of the long-term, solid players are considering an exit from the market, although we do need to monitor this as we approach 1 October. The position could change given the pressure on profitability that insurers are facing.

    18-month deals Long-term deals have been popular in recent years and they are a useful tool for firms to maintain their premium rate in a hardening market. On our own book, 52% of the firms renewing on 1 April 2018 took an 18 month deal. Predictably, there were fewer 18-month deals being offered by insurers at 1 April 2019 and the percentage of our renewal book that was able to secure such a deal dropped to 37%. Where they were offered, some insurers applied a rate increase for the final six-month period for the privilege. This contrasted with previous years, where the additional premium was calculated on a straight pro rata basis.

    The following table has been compiled from our April 2019 result:

    Extended periods

    Expiring 31 March 2019 Renewed 1 April 2019

    Number of Firms for each policy length option

    Annual policies

  • Howden Market Report: Solicitors PII Page 7

    1 October 2019 Renewal: What to expect?

    At the time of writing it is our expectation that 1 October will be similar to the 1 April position outlined above. There could be some further hardening of rates, but again this will differ between insurers, and for any one insurer the rate they apply to each individual firm will also be dependent upon the unique characteristics of each firm in terms of size, areas of practice and claims history.

    Rather than worrying about the headlines in the legal press, we urge firms to pick up the phone and talk to us. We do not consider it helpful or useful to simply state a vague range such as 5% to 20% or quote our 1 April average of 7.1% referred to above. Knowing your insurer and your risk, we will be able to give you an