Navigating Through the Current Phase of the Medical Malpractice ...

Navigating Through the Current Phase of the Medical Malpractice Market Cycle Presented by Matthew Dolan OneBeacon Professional Partners www.onebeaconpro.com Program Objectives 1. Understanding the market cycles and what drives carrier behavior and how this behavior could impact your placement Evaluating the carrier’s operating model and the stability of your potential carrier Determining how to most effectively purchase a high quality and sustainable risk transfer program in a softening market 2. 3. “Between the idea And the reality Between the motion And the act Falls the shadow Between the conception And the creation Between the emotion And the response Falls the shadow” The Hollow Men T.S. Eliot And so it goes…cycles repeating themselves Then – 2001 “According to the most recent conning study, the industry is in the midst of the most serious financial crisis in its history” Now – 2007 New report confirms “Medical Malpractice Crisis is over” Robert Hunter – AIR spokesperson and Director of Insurance for the Consumer Federation of America states that “The end of the hard market of sharp rate increases, less competition and cutbacks in coverage has occurred and a soft market is now in place Then – 2001 A.M. Best estimates that the medical malpractice industry segment has incurred over $17.3 billion in underwriting loss since 1976 Now – 2007 A.M. Best’s estimate of the full year (2006) combined ratio is 93.3%  AIG’s loss ratio in 2006 for nine months is 50.9%. The lowest since 1987  St. Paul/Travelers Group’s loss ratio in 2006 for nine months is 46.8%  Berkshire Hathaway Insurance Group’s loss ratio in 2006 for nine months is 56.1%  Conning estimates that the medical malpractice combined ratio will fall significantly below 100 to an estimated 95.2% Soft Market Focus vs. Hard Market Forces Soft Market Drivers  The actions of others  Uncertainty of cost (false perceptions of profit)  Excess surplus-capital needs to be deployed  Accident year vs. calendar year accounting  Misguided market share initiatives and growth strategies Hard Market Drivers  Dual pricing objectives  Numerator and denominator work  Constrained/Limited Capacity  Low interest rate environment Regardless of the drivers or the behaviors – the industry cycles are driven disproportionately by the industry participants, mainly carriers and are rooted in our own inability or disinclination to “right price” the business Soft Market  The actions of others  Uncertainty of cost – (false perceptions of profit)  Moving left and compounding the implications of their decision (large limit, broad terms, lower price  Cumulative results of the industry suggest that the decision to move left cannot be completely justified Soft Market Quality H L H = High Quality/High Cost L = Low quality/Low Cost H Price/Placement The “Right Priced Environment”  Price, placement and quality  Constrained capacity  The left of the line environment  The right of the line environment  ROE expectations The “Right Priced Environment” Quality H L H = High Quality/High Cost L = Low quality/Low Cost H Price/Placement The Hard Market  Numerator & denominator work  Dual pricing objectives  Commercial premium $$; leave the market Hard Market Quality H L H = High Quality/High Cost L = Low quality/Low Cost H Price/Placement Cost of Capacity Attachment $15mm – $24mm Rate per Million $12,000 Implied Funding 136 Implied Frequency 0.7% $25mm – $34mm $35mm – $49mm $50mm – Over $10,000 163 0.6% $8,500 191 0.5% $7,500 217 0.5% Pricing/ROE Assumptions  Industry-demonstrated propensity for loss  2001 CY loss > $2 billion  Risk loads must be imbedded in ROE targets  15% - 17% > risk-free rate  Premium-to-surplus ratio must contemplate volatility of business and specific risk portfolio The Wreckage  There is real danger created by soft market behavior      PHICO St. Paul MMI Frontier ERC  Failed models with a demonstrated inability to navigate the soft market Avoiding the Wreckage Insureds and insurers must engage in a bilateral comprehensive underwriting of one another The carrier’s role is to Provide stable capacity over time An insured, with the expert advice of its agent or broker must evaluate the business model and attendant practices of an insurer. High quality, enduring business relationships emerge from the natural intersection created when there is a common view on       Quality Tactics Service Transparency Experience Expertise Do you have a fundamental understanding of:  The quality of an insured’s risk pool  The company’s premium growth in the past couple of years and projected growth in the upcoming years  The company’s use of reinsurance  The claims handling ability of the company  The quote and hit ratios of the company  The geographical spread of the company  The persistency rate of the company Conclusion  The medical malpractice market remains extremely cyclical  Understanding market cycles and how your carrier is navigating the market cycle is an important part of your risk transfer decision making process  Underwrite your carrier as carefully as they underwrite you  Understand the difference between cost and value

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