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Understanding Professional Indemnity and Directors & Officers Insurance: Key Insights for Actuaries

This article explores the complexities and critical issues surrounding Professional Indemnity (PI) and Directors & Officers (D&O) insurance. It highlights the growing relevance of these insurance types for actuaries, emphasizing risks, market statistics, and pricing challenges. The discussion also addresses recent legal changes affecting liability, including notable cases illuminating the extension of the duty of care. Given the increasing claims and unique complexities associated with PI and D&O, actuaries must adapt their approaches and collaborate with underwriters to navigate this crucial market effectively.

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Understanding Professional Indemnity and Directors & Officers Insurance: Key Insights for Actuaries

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  1. PI and D&O • Conflicts • Why would actuaries be interested? • What is PI? • What is D&O? • Topical issues • Market statistics • Pricing issues and conclusion

  2. PI and D&O: Conflicts • Disclaimer • People who know about Professional Indemnity and Directors & Officers are often unable or unwilling to talk publicly • Frequently settled out of court • Classes of business that cause trouble • Actuaries are also at risk of claims

  3. PI and D&O: Why should actuaries care? • Important lines of insurance • Losses • Difficult to price and to reserve • Actuaries like other professionals can suffer claims • Underpricing: “PI is the red light district of the London Market” (Reg Brown)

  4. PI and D&O: What is PI? • Professional Indemnity • Claims against professionals for negligence • Must be a duty of care • Normally only clients can claim • Duty of care has been well-defined but definitions always at risk of being extended • Time limited to six years - also at risk?

  5. Topical issues: PI • New professions eg IT • failure to deliver what was expected • may come under contract law rather than tort • Time limit of six years attacked • Several recent Appeal Court decisions have gone beyond six years • Woolf: fewer court cases, but more pre-litigation cases

  6. Topical issues: PI • Barristers no longer immune (since 2000) • Duty of care extended to non-clients? • Dean vs Allin & Watts • Not just partners: Babb case

  7. Babb Case • Mr Babb was employed as a surveyor • He carried out a standard house mortgage survey in 1992 (fee to his employer was £70), never having met the client • Babb changed jobs in 1993 • In 1994 his former employer went out of business • When cracks were found in the house, the owner successfully sued Babb; no PI cover in force • Babb forced to pay £40,000 from his own pocket

  8. PI and D&O: What is D&O • Directors and Officers liability • Claims against Directors and Officers for negligence in carrying out their duties • Third parties can claim - shareholders, employees, customers • Less clearly defined and coverage keeps expanding

  9. Topical issues: D&O • Losses increasing especially on older years • Typical soft market factors: package policies, entity covers, outside entity covers, long term deals • High stock market increased exposure • “Ambulance chasing” • Security Litigation Reform Act 1995 • Not always clear what is covered especially outside US and UK

  10. Topical issues: D&O • Package policies • Include Employment Practices Liability etc • Entity covers • Cover the Company as well as the Directors so claims which would have been split both hit the insurance • Outside entity covers • Directorships of other entities, trusteeships, etc • No underwriting of these is possible • Extra exposure taken for no extra premium

  11. Topical issues: D&O • Security Litigation Reform Act 1995 • Intended to prevent nuisance claims • Has had some success, but… • New style of claim is to say that accounts were misleading, eg if targets not met could say reserves were too low

  12. PI and D&O: Figures and graphs • Lloyd’s data projected using standard methods • Usual disclaimers apply • Also premium rate indices

  13. PI Paid Development

  14. PI Incurred Development

  15. PI LRs and Premium Rate Index

  16. D&O LRs and Premium Rate Index

  17. PI and D&O: Why standard pricing methods might fail • Small number of large claims • Very heterogenous exposures and claims • Overall average development is slow (IBNR and IBNER) • Development pattern varies for different claims • No good exposure measure • Cycles and secular change

  18. PI and D&O: One possible pricing approach • Mack 1997 paper • Individual claim projections • “Types” of claim at each development (Estimate only, Estimate + Paid, Settled) • Distance measure: Sqrt(squared difference in estimate + squared difference in paid) • Choose a more developed claim of same type with smallest distance when at same development • Still has problems with heterogenous data, but can be developed - eg operational time? • No IBNR - need separate frequency analysis

  19. PI and D&O: Conclusions • Important and dangerous classes of business • “Red Light District” - attract unwary punters • Standard actuarial techniques must be adapted but can be • Essential to work with underwriters and claims staff to understand complexities • International risks - each country different • Demand is real: people need this cover

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