THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

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THE FUTURE FOR THE FUTURE FOR EMPLOYERS’ LIABILITY EMPLOYERS’ LIABILITY Phil Bell Phil Bell Royal and SunAlliance Royal and SunAlliance

Transcript of THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

Page 1: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

THE FUTURE FOR THE FUTURE FOR

EMPLOYERS’ LIABILITYEMPLOYERS’ LIABILITY

Phil BellPhil Bell

Royal and SunAllianceRoyal and SunAlliance

Page 2: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

Overview of the Liability market 1990-2000

FIGURE 2 - LIABILITY REVENUE ACCOUNT(This graph shows data from ABI members only)

-1.0

-0.5

0.0

0.5

1.0

1.5

2.0

2.5

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

£bn

Premium Income Total Outgo Underwriting Result

Page 3: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

The current market

Where we are now

How did we get there

– Over capacity– Law Reform– CFA– Market expertise and practice– Loss of capital– Equity markets

Page 4: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

What have been the implications?

Reduced capacity

Premiums

Illegal trading

Capital

The DWP and OFT reports

Page 5: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

The problems with EL

The long tail

Pricing

Reserving

Legal uncertainty

The hindsight factor

Legal costs

Risk selection

1. For underwriters

Page 6: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

The problems with EL

1. For underwriters Cont’d Risk Management

- Proactive risk management

- All risk assessments have been undertaken

- All employees are properly trained

- Provision of all the necessary protective clothing or equipment

- Proper records are kept of everything that has been done

Page 7: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

The problems with EL

2. FOR EMPLOYEES

Page 8: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

The problems with EL

3. FOR EMPLOYERS

Page 9: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

Why now?

Nothing new

Deafness in the 1970s

RSI in the 1980s

VWF and stress in the 1990s

Today it is asbestos ….. again

What next?

Page 10: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

Is EL viable?

Page 11: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

What is required?

Separate funding for accident claims and industrial

disease claims

Accident claims dealt with in existing way

Industrial disease claims to be funded separately

Page 12: THE FUTURE FOR EMPLOYERS’ LIABILITY Phil Bell Royal and SunAlliance.

Is PL viable?