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Energy & Marine Insurance NewsletterOctober 2011
Lloyd & Partners Limited
Expertise • Commitment • ServiceExceeding our clients’ expectations
We are pleased to provide our existing, and potential clients with our 4th Quarterly Newsletter of 2011.
In addition to our regular features, in this edition we have a ‘focus on’ Lloyd's 2012 Energy Liability
Business Plans.
We hope that readers will find this newsletter interesting and informative and would welcome any
feedback you may have, positive or negative, which you can email to: [email protected]
or pass on to any of your usual LPL contacts.
If you are reading this in hard copy or have been forwarded it electronically, and would like to be added
to our electronic mailing list please email [email protected].
REGULAR FEATURES
General State of the Market Overview Page 2
Recent Quotes Page 6
Market Moves / People in the news Page 9
‘What’s New?’ (New products and market developments) Page 10
‘Briefly’ (News snippets) Page 12
Update on Losses Page 14
Security Ratings update Page 17
Legal Roundup Page 18
SPECIAL ARTICLES
Kidnap & Ransom Resource Library Page 20
Atlantic Hurricane Season update Page 21
Political Risks update – the 'Arab Spring' Page 22
‘Focus on’: Lloyd's 2012 Energy Liability Business Plans Page 25
1
Index / Contents
2
3
GENERAL INSURANCE BACKDROP
The tragedies in Japan, Australia, New Zealand
and elsewhere make 2011 the second most
expensive year on record for insured losses,
which already stand at approximately
USD 70bn, and the most expensive ever when
measured by total economic loss (currently
USD 270 billion) with three months left to run
until the end of the year.
Against that stark background, the wider
insurance picture is one where interest rates
remain weak, and insurers are feeling the
impact of both the implications of the 2011
RMS model and the preparation for the
introduction of Solvency II.
At the annual Monte Carlo Reinsurance
conference in September, where major
reinsurance players meet just prior to the
opening of the traditional reinsurance season,
the message was one of business as usual.
Although the current state of play might
suggest a market hardening – high combined
ratios even at the half-year, depleted reserves,
and expected increase in capital
requirements – capacity remains plentiful and
is even expected to be at record levels by the
end of the year.
UPSTREAM ENERGY
With regard to reinsurance renewals for the
upstream energy sector specifically, we do not
expect any dramatic changes. There will be
pressure on pricing, of course, following the
direct market’s upstream energy losses in 2011,
and perhaps on retention levels as well.
Presuming a benign windstorm season in the
Gulf of Mexico, we expect pricing to remain
broadly flat with perhaps some modest rises
and windstorm capacity to continue to be tight
but pricing to be in line with 2011.
Capacity for non-windstorm events remains
plentiful – OIL have recently announced that
from 1st January its per occurrence limit will
be increased from USD 250mm to USD 300mm
for all events other than ‘Designated Named
Windstorm’ which will remain at USD 150mm
part of USD 250mm. The non-windstorm event
aggregation limit will also be increased to
USD 900mm.
The pricing in the upstream liability markets
continues the steady ascent that followed the
Macondo loss in April 2010, and has been
aggravated by resultant withdrawals or
reductions of capacity and the scrutiny of the
Lloyd’s Performance Management Directorate
(see "Focus on" elsewhere in this newsletter).
In addition to pricing pressures there are also
pressures from the Lloyd’s Performance
Management Directorate to tighten conditions
for Energy Casualty business (again, see "Focus
on" elsewhere in this newsletter).
General State ofthe Market Update
4
MIDSTREAM / DOWNSTREAM ENERGY
A glut of capacity remains in the Midstream /
Downstream market and outside of natural
catastrophe exposed areas and bespoke
locations rates will continue to be soft. This is
not cheery news for insurers when many are
faced with rising reinsurance costs further
eroding underwriting margins. As such a
number have voiced a need to take more pain in
order to flush out the excess market capacity
and move the rate cycle on.
Within the Downstream industry itself we are
seeing a number of sea changes. Following poor
refining margins in 2010 and a difficult global
outlook there has been a move by integrated oil
companies to split out their Upstream from
their Downstream operations. In some
circumstances this has meant the
establishment of separate sovereign identities
whilst others have looked to liquidate the
Downstream assets and focus their capital
more efficiently. This has been particularly
evident in the US where continuing
requirements for substantial capital
expenditure, a prevailing political ill wind and
thin returns are making refining the ugly child
of the Oil sector. However, some market
dynamics are now working in favour of refiners
who are being advantaged by market
differentials such as the discount on WTI
against Brent caused by the pipeline bottleneck
at Cushing. As such, 2011 will be considerably
more profitable for those refiners who are
positioned well both geographically and
operationally to take advantage of this stronger
dynamic which will likely continue through next
year and possibly 2013. With the increasing
amount of refineries being put on the market
for sale both formally and informally, the
insurance industry can expect more business
opportunities as independents and venture
capitalists look to take advantage. Within this
cameo there will, however, be a wide spectrum
of risk quality and many plants will inevitably
become redundant.
In terms of customer expectations the market
dynamics haven't changed. Those operations
with natural catastrophe exposures should
expect rates to increase particularly with large
sections of the market applying RMS v.11
modelling. No surprises that those with poor
loss history should also expect to pay more.
However, those with preferential risks can expect
flat to 5% increases on their renewal rates with
reduction in premium spend achievable through
program restructuring, vertical placements and
leveraging insurers on placements that do not
require market capacity limits. Members of OIL
will also be able to use the increase in OIL limit
at 1st January 2012 (see "What's New?" section
herein) to increase Physical Damage
attachment points on commercial programs
and mitigate pressure on rate increases in
that area.
MARINE
Capacity remains the catchword of the marine
hull market, to be specific, a surfeit of it. As we
have previously observed, rates remain soft
and show no sign of hardening. Discussion at
the recent 2011 IUMI conference returned to
the thorny subject of the fact that hull business
has failed to show an overall profit for more
than a decade. Once again, no conclusive
answer was identified.
5
Comments such as that from Mark Edmondson,
Chairman of the Joint Hull Committee, that
insurance is not a "commodity" may be entirely
on point, but it is no less apposite than the
recognition that some syndicates enjoy more
success than others, and that the financial
health of the hull market can be just as heavily
influenced by underwriting capacity as by world
fleet numbers, or by international trading
conditions in a recession, or by deductibles, or
by the need of new syndicates to reach for the
targets contained within their Lloyd's-approved
business plans. In other words, the market has
composite dynamics, whose present and recent
historical state is inclined against optimal
conditions for the underwriter. For the medium
term future, the current conditions look likely
to remain.
PROTECTION & INDEMNITY
The issue of the European Commission's review
of the International Group of P&I Club's (IG)
cartel arrangement continues to be the
elephant in the P&I room. The EU review has
the capacity to cut through the heart of the
International Group, with its relative inhibitors
on tonnage movement. Whether the knife
comes out remains to be seen. All Clubs talk of
having been totally transparent with the
Commission in its investigation, and of not
having baulked at the many and various requests
for relevant data (some of which was of truly
historical nature). Clearly the discourse between
the IG and EU has been complex and full, and the
sense within the IG seems to be of a process
completed in compliance and cooperation.
The run-up to the 20th February annual renewal
will shortly begin, and the IG member Clubs
might perhaps be forgiven for looking over their
shoulder as they go. Whilst the hope is that the
EU will leave the foundations of the IG largely
untouched, such bodies as the EU have been
known to feel the need to reinvent the wheel
from time to time. The International Group
Agreement may be caught in the headlights.
The growth in number of fixed premium
P&I facilities in more recent years has ably
demonstrated that the market outside the
IG group remains strong and competitive.
The American Club's Eagle Ocean Marine fixed
premium facility is gathering some strength,
and in the process has seen the Club become
more closely involved on both a financial and
underwriting basis. British Marine, whilst
having suffered a loss of staff recently, still has
some experienced hands at the helm and can
be expected to sail into calmer waters soon.
The new Phoenix facility is showing signs of
coming "on line" in the very near future.
Not without a sense of humour, warm bodies
have been witnessed occupying space at the
previous BM location in Seething Lane.
These organisations may well benefit should
the International Group Agreement demise.
6
Recent Quotes
GENERAL
Richard Ward, Chief Executive of Lloyd's
"Lloyd's underwriters can not rely on
investment income to subsidise underwriting
and must decline under-priced risks. It has
been more difficult for new syndicates to bring
to us business plans that have a reasonable
chance of making profit. It is the market that
is impacting the ability of new entrants to come
in rather than us per se, but the conditions
remain the same. People that want to bring
business into the Lloyd's market have to have
a reasonable chance of making a profit and it
has to add to the overall Lloyd's franchise.
As profits are squeezed in the insurance sector
it is more difficult for someone to demonstrate
that to us. What we have seen is existing books
of business being transferred into Lloyd's where
they have a track record and where they can
demonstrate profitability."
Luke Savage, Finance, Risk Managementand Operations Director at Lloyd's
"To protect the central fund and the Lloyd's
brand, in a market of softening rates, Lloyd's will
only approve inherently profitable business plans.
If someone wants to write loss-making business
they can do so but not in Lloyd's. The softer the
rates are, the harder it is to convince us that
you can write profitable business. We don't want
loss making business here. Rates are soft so it
does make it harder for businesses to convince
us they can make a profit."
ENERGY
Bob Stauffer, President and ChiefExecutive of Oil Insurance Limited
"It is very unfortunate that various insurers have
come out and said high limits of coverage [for
oil spill clean-up / liability] are available before
any new liability legislation is introduced by the
US Government. The results of these efforts are
to create false expectation. Governments have
been misled into thinking such limits of
coverage are available in the commercial
insurance market."
Ed Noonan, Chief Executive of Validus
"Loss activity around the world has now put an
end to rate decreases in the market. Our marine
book is benefiting from rate increases in the
offshore energy market. Deepwater Horizon is
still resonating throughout the market and the
Gryphon loss is now approaching USD 1bn.
We saw rate increases of 30% to 60% for
offshore energy treaty accounts."
The following are ‘sound bites’ taken from speeches, statements orarticles by prominent market figures about the insurance market andwhilst we have tried not to take their words out of context, the excerptmay not be the entire speech or article.
7
Joe Roberts, Executive Vice-Presidentand Chief Financial Officer at Alterra
"The class [Offshore Energy] is now seeing early
and real signs of market correction.
This is manifesting itself in rate increases,
capacity shortages and, in some instances,
coverage restrictions. Also, as a tangible
indicator of market tightening, some of the
energy accounts we reviewed in the quarter
demonstrated inverted characteristics, with
better rates being obtained higher up the
coverage tower."
Stephen Catlin, Chief Executive of Catlin Group
“The marketplace as a whole [for offshore
energy following Macondo / Deepwater Horizon
loss] had too high expectations too soon. One of
the reasons for a delay in the change to market
conditions has been the limited drilling activity
that has taken place since the Deepwater
Horizon disaster in the Gulf of Mexico last year.
When drilling activity stops and the regulators
take time to decide what they are going to
regulate, it becomes difficult to predict what
will happen. There is very little drilling going on
at present but once the situation has been
resolved – and it will be resolved, as it’s a
commercial imperative for the US it is resolved
– it will become clearer what the risk appetite is
among oil companies and how much business
this will present to the insurance market.”
Simon Williams, Head of Marine andEnergy at Hiscox and Chairman of theJoint Rig Committee
"What we do have to accept is, if you look at
energy as a sector, there have been some very
significant risk losses. Larger risk losses are
trending upwards, as are attritional losses.
The 10-year overall gross record of the class
is close to 100% gross and yet again the
reinsurance market will also be significantly
impacted. People have to look at some of the
signs – exposures are significantly higher than
in the past. Added to this, new technology, new
environments and the political environment
are areas underwriters need to be aware of.
Clients are also now considering entering
areas such as the Arctic, which in itself will
bring new challenges which we as an insurance
sector need to understand and analyse."
Tom Bolt, Lloyd's PerformanceManagement Director
"Aggregations [in the offshore energy book]
are difficult to assess and manage owing to the
lack of transparency associated with package
policies. This approach is not sustainable,
there is a material imbalance between
premiums charged and exposures assumed.
The economics simply don’t work. It is not only
underwriters who have been left disappointed
by the offshore energy class, as capital
providers have received only modest returns for
what is a very capital intensive line of business.
Could better returns have been made had
capital been deployed elsewhere?"
8
Demian Smith, Global Head of Marine at Torus
“We have seen people piling into energy liability
because the results have been better in that line
than most. There are people who do not have the
necessary experience underwriting in that market
that will get their fingers burnt. We’ve had a
huge number of very large risk losses in the
energy sector, and people have forgotten in
their pricing how hard they can hit you.
Deepwater Horizon has had a great effect.
February’s Gryphon Alpha [North Sea PFSO]
was not a liability loss but a substantial offshore
energy physical damage loss. We had the West
Atlas removal of wreck in Australia [following
the November 2009 Montara oil spill], which
was a PD and liability loss. There’s also the
Jupiter accommodation platform, which rolled
over and sank in the Gulf of Mexico in April this
year, as a source for PD and liability claims."
MARINE
Demian Smith, Global Head of Marine at Torus
"There have been fewer ships trading, fewer
cargoes, and there have been fewer losses.
The seas are less congested and ships are not
being overused. An uptick in demand will lead
to an uptick in losses if that is reversed. It is
how you manage your way through that which
is important. Everyone says they’re turning a
profit, so you have to take that with a pinch
of salt. The hull market is soft and at low ebb –
the same goes for cargo. Recession has
resulted in fewer cargoes being shipped and
fewer ships trading. Ship values are dependent
on their utilisation and how much they can
charge in freight. Capacity has remained the
same but demand has reduced, exacerbating
the over-capacity in the insurance market over
the past three years. We’re seeing a bit of a
flight back to quality, which we think is being
driven by claims service. You can buy a policy,
and it can be as cheap as you like, but if it
doesn’t pay a claim, you haven’t really bought
anything. We’re beginning to see larger shares
coming back into the London market on
advantageous rates compared to local
domestic rates. That’s only this year – too early
to mark out as a trend – but we think it’s
interesting to watch out for.”
Paul Culham, Active Underwriter ofMarine and Special risks at Kiln.
"There is a general over-capacity in marine hull
and marine cargo, and capacity is a long lag
and will take time to change. If people are
getting reduced returns from a line of insurance,
then they may look for alternative investments.
However, a barrier to that happening is that so
many insurers see these lines as a way of
diversifying from their property-catastrophe
risk, and are attracted to the business for
that reason.”
9
John Swan is leaving Aon in London to join Zurich Global Energy’s
Upstream Energy operation in London.
Sam Pembroke is leaving Cooper Gay to join Axis Insurance Co.
Will Martin has resigned from Catlin to join Atrium.
Julia Aasberg has resigned from Allianz to join Chaucer.
Alison Clarke has resigned from the CV Star syndicate to join
Zurich Energy in London.
Oli Brown, Graeme Ivory, Derek Ratteray and Glen McCubbin have
left Zurich Global Energy to join the International (non-US) Casualty
team at Catlin.
Peter Graham has left QBE to join the Zurich Global Energy
International Casualty team.
Philip Sexton has resigned from Torus to join XL.
Rachel Weatherup is leaving Chaucer to join the Beazley syndicate.
Market Moves /People in the News
10
GCube, the renewable energy specialist
underwriting agency, has increased its
underwriting capacity to USD 680m (from
USD 500mm) for wind energy and solar
projects worldwide. Additionally, GCube has
launched a specialised workers compensation
insurance service, for the wind and
solar industry.
Oil Insurance Limited has announced that
their policy limit will increase at 1st January
2012 from a maximum of USD 250mm per
member to USD 300mm per member. At the
same time their overall aggregation limit over
all members combined from one event will
increase from USD 750mm to USD 900mm.
These changes do not apply to "Designated
Named Windstorm" events (the only area of
the world currently designated a windstorm
region by OIL being the Atlantic, with others to
be added following certain loss criteria in such
regions) where the limit remains USD 150mm
quota share part of USD 250mm with a
USD 750mm event aggregate. Two further
changes where announced by OIL at the same
time being firstly, the ability of OIL to impose a
quota share retention on the amount of
Designated Windstorm (DWS )that is pooled
through the general pool and therefore funded
by all members regardless of whether they
have wind exposures or not (for 2012 the quota
share retention of the current USD 300mm
aggregate that is pooled in the general pool
will be zero), and secondly to allow OIL to
require a member to have to post collateral in
advance of a loss in the event that their share
of a pool exceeds 30%.
The DWS quota share
in the general pool is
then pooled into the
excess windstorm
pools. The board of
OIL have the ability
to impose a quota
share of up to 25%
in any particular year by
giving 90 days prior notice to the
start of the relevant year.
We understand that both these moves are
designed to allow OIL to have the tools and
flexibility to continue to ensure that the burden
of wind losses are equitably shared by the
members and that no member poses a
significant credit risk relating to their size of
the pool they would have to fund following a
loss (through future premiums of through
withdrawal premium).
CatVest Petroleum Services LLC has launched
an insurance-linked securities (ILS), catastrophe
bond product, for oil spill risks, replicating the
capital markets securitization vehicles often
used by insurers to hedge catastrophe risks
such as hurricanes and earthquakes. An ILS
product packages portions of risk (usually in
the hundreds of millions of dollars), transforms
them into securities which are then sold to
investors who bear the risk. The contracts
have pre-set trigger parameters which if met,
activate the protection and investors can lose
their principal. Investors are willing to accept
portions of this risk in return for attractive
What’s New? (NEW PRODUCTS AND MARKET DEVELOPMENTS)
11
rates of interest in an asset class which has
low correlation to the wider financial markets.
According to CatVest, traditional catastrophe
bonds are not providing enough capacity for
investors appetite leaving many investors
frustrated and unable to access the market.
CatVest claim their oil spill experts have
created the world's only oil spill risk model
called SPILLRISK, which by taking into account
factors such as geographic location, proximity
to sensitive areas of coastline as well as spill
type, volume and spread, and is said to be the
only model able to accurately generate
exceedance curves and loss probabilities.
CatVest say they would welcomes discussion
with any firms having significant oil, gas,
chemical and hazardous substances spill risks
that are interested in first quantifying and then
transferring these financial risk exposures to
outside investors, such as oil platform and rig
operators, pipeline operators, shipping tanker
fleet owners and all other associated
companies, as well as with insurers and
reinsurers who hold significant amounts
of oil, gas, chemical and hazardous
substances spill risk and captive
insurers having similar risks to
transfer. For further details visit
www.catvestpetroleum.com
Torus has entered into an agreement
with Clal Insurance Enterprises Holdings
Limited to acquire London-based Lloyd’s
Syndicate 1301 and its corporate members
Broadgate Underwriting Limited and
Broadgate Underwriting 2010 Limited.
Subject to approval by Lloyd's, the acquisition
will enable Torus to write specialty business in
Lloyd’s effective 1st January 2012. Torus will
retain Broadgate’s current team of
underwriters, claims handlers and syndicate
management under the direction of Active
Underwriter, Bob Katzaros.
12
In their latest report "Piracy and Armed
Robbery against Ships", The International
Chamber of Commerce (ICC) International
Maritime Bureau’s (IMB) Piracy Reporting
Centre (PRC) has reported that pirate attacks
on the world’s seas totalled 266 in the first six
months of 2011, up from 196 incidents in the
same 2010 period. More than 60% of the attacks
were by Somali pirates, a majority of which were
in the Arabian Gulf, and as of 30th June, Somali
pirates were holding 20 vessels and 420 crew,
and demanding ransoms of millions of dollars
for their release. In the first six months, many
of the attacks have been east and north-east of
the Gulf of Aden, an area frequented by crude
oil tankers sailing from the Arabian Gulf, as well
as other traffic sailing into the Gulf of Aden.
Since 20th May there have been 14 vessels
attacked in the Southern Red Sea. Although
Somali pirates are more active – 163 attacks
this year up from 100 in the first six months of
2010 – they managed to hijack fewer ships, just
21 in the first half of 2011 compared with 27 in
the same period last year. This, the report says,
is both thanks to increased ship hardening and
to the actions of international naval forces to
disrupt pirate groups off the east coast of Africa.
Somali pirates took 361 sailors hostage and
kidnapped 13 in the first six months of 2011.
Worldwide, 495 seafarers were taken hostage.
Pirates killed seven people and injured 39.
Ninety-nine vessels were boarded, 76 fired
upon and 62 thwarted attacks were reported.
Ships, including oil and chemical tankers, are
increasingly being attacked with automatic
weapons and rocket propelled grenade launchers.
Whereas five years ago pirates were just as
likely to brandish a knife as a gun, this year
guns were used in 160 attacks and knives in 35.
The IMB PRC is the only manned centre to
receive reports of pirate attacks 24 hours a day
from across the globe. IMB strongly urges all
shipmasters and owners to report all actual,
attempted and suspected piracy and armed
robbery incidents to the IMB Piracy Reporting
Centre. IMB offers the latest piracy reports free
of charge which can be downloaded from
http://www.icc-ccs.org. Latest attacks may also
be viewed on the IMB Live Piracy Map at
http://www.icc-ccs.org/livepiracymap.
According to the latest marine loss statistics
from the Nordic Association of Marine Insurers
(Cefor) Nordic Marine Insurance Statistics
(NoMIS) database, the average cost of claims
per vessel continues at the high 2010 level
ending a downward trend from the peak years
2007/2008. Part of the reason for this appear to be
the more stable market conditions with higher
utilisation rates and repair costs following the
sudden decline in the world economy as well as
the shipping sector. The value of newbuildings
are also generally increasing due to more
advanced technologies and vessel sizes, making
each vessel more expensive to insure and the
potential claims cost much higher. A new
increase in average cost for nautical-related
claims such as grounding, contact and
collisions are of particular concern, according
to the Association, who also say that more
advanced ships and the introduction of new
technologies represents a particular challenge
in recruiting competent crew and providing
them with proper training, pointing to human
error as a direct or indirect cause in most
incidents at sea. The 2011 claim cost to date is
somewhat above 2009 and 2010 levels. This is
mainly due to a few major claims occurring in
‘Briefly’
13
the first quarter 2011. Frequency offers a more
positive picture with a downward trend both for
partial (attritional) and total losses after a peak
in 2007 / 8. Deductible increases may have had
an influence on the partial losses, and the
downward trend has now stabilized at 2010 level
in the first two quarters of 2011.
Recent figures from the International Union of
Marine Insurance (IUMI) show that the marine
hull insurance market recorded a 15th straight
year without making a profit in 2010 as the
sector continued to suffer from claims inflation
that was not offset by an increase in rates (we
will include a more detailed analysis of these
figures in a later edition of this newsletter).
The International Tanker Owners Pollution
Federation (ITOPF) has just published its Annual
Review for the year ending 20th February 2011.
In the Review, ITOPF’s Chairman, Bjorn Moller,
reflects on a year in which the Deepwater
Horizon drilling rig explosion turned the
spotlight once again to oil spills. As stricter
legislation is being sought, the shipping
industry has found itself having to remind
regulators of its own improving safety trends, its
preparedness to deal with oil spills and the
appropriateness of compensation limits that
apply to shipping. While much attention has
been given to the negative consequences of the
spill in the Gulf of Mexico, Mr Moller notes how
this serious event has, nonetheless, inspired
innovative thinking and produced a multitude of
new ideas for responding to oil spills at depth
and far from shore. The full review can be
accessed at www.itopf.com.
The Oil Spill Prevention and Response
Advisory Group (OSPRAG) set up in the UK
following the Macondo incident last year has
announced that their members have designed and
constructed a well capping device which is now
ready for deployment in the North Sea. The UK
Energy Minister, Charles Hendry MP, stated
that: "Having this equipment ready to deploy in
the United Kingdom Continental Shelf (UKCS)
significantly enhances our ability to deal with
any incident should any occur in the basin.
Prevention is always the best course however,
which is why we strive for the best regulation and
procedures in any basin anywhere in the world".
OSPRAG have reported that the well capping
device was built in order to seal off an
uncontrolled subsea well in the unlikely event of
a major well control incident, minimising
environmental damage and buying valuable time
for engineers to develop a permanent solution to
seal the well. The cap, constructed specifically
for subsea wells in the UKCS, works by shutting
in and holding pressure on an uncontrolled well
and uses a choke and a series of valves which
close down and stop the flow of hydrocarbons
into the marine environment. The device's
modular design means it can be attached to
various points of subsea equipment and
deployed to the widest possible range of subsea
well types and oil spill scenarios which could
occur – including in the deep waters and harsh
conditions west of Shetland. The cap is rated for
deployment in water depths up to 10,000ft on
wells flowing up to 75,000 barrels per day at
15,000 psi. This is a much greater depth than any
of the deepest wells in the UKCS. Its portable
size and weight also makes it relatively easy to
deploy quickly from a wide range of vessels,
even during short weather windows.
14
Update on Losses
2011 Energy losses of USD 10 million or more that we are aware of at the time of writing are
as follows.
We also show the total of all claims under USD 10 million (with a minimum claim USD 1mm) to
give an overall total for the year so far.
2011 MAJOR UPSTREAM ENERGY LOSSES (IN EXCESS OF USD 10,000,000 GROUND-UP)
Jan Blowout Gulf of Mexico Gas Well USD 22,000,000
Feb Heavy Weather Mooring Damage on North Sea FPSO USD 960,000,000
Feb Blowout Louisiana Onshore Gas Well USD 16,000,000
Feb Physical Damage North Sea Well Drilling equipment USD 35,216,000
Mar Mechanical Failure Gulf Of Mexico FPSO riser USD 150,000,000
Mar Earthquake/Tsunami Drillship thruster damage in Japan USD 12,430,000
Mar Blowout Texas Onshore Gas Well USD 13,000,000
Mar Fire / Explosion Jack-up rig offshore Africa USD 10,000,000
Mar Fire Gulf Of Mexico Platform *
Apr Capsize/Sinking Floating accommodation unit offshore Mexico USD 230,000,000
Apr Damage Brazilian FPSO USD 25,000,000
Apr Blowout Nigerian Onshore Oil Well USD 22,400,000
Apr Blowout Texas Onshore Gas Well USD 18,800,000
May Tornado Oklahoma Land Rig *
May Blowout Israeli Offshore Oil & Gas Well USD 100,000,000
May Fire & Explosion Fracing Trucks USD 32,000,000 (est)
Jun Blowout Indian onshore gas well *
Jul Blowout North Dakotas onshore gas well *
To date Total under USD 10,000,000 (Minimum of USD 1mm) USD 125,109,000
Total (known) for year (excess of USD1mm) USD 1,771,955,000
Source: Willis Energy Loss Database/LPL market knowledge (as of 15 September 2011)Figures shown as "(est)" are estimates from various press or market sources.Figures do not take into account the effect of any self insured retention, deductible or policy limit and therefore lossesare not necessarily those which insurance markets have actually suffered but give a rough guide to the overallmagnitude of industry loss.* Reports would suggest in excess of USD 10 million
15
2011 MAJOR DOWNSTREAM / MIDSTREAM ENERGY LOSSES (IN EXCESS OF USD 10,000,000 GROUND-UP)
Jan Fire & Explosion Canadian Oil sands Facility USD 1,310,000,000
Jan FloodOnshore Algerian pipeline (underconstruction)
USD 23,000,000
Jan Fire & Explosion Louisiana Petrochem Plant USD 128,000,000
Feb Fire & Explosion Texas Gas Processing Plant USD 50,000,000
Feb Mechanical Failure Texas Gas plant USD 29,000,000
Feb Ice / snow / freeze Texas Refinery USD 43,300,000
Feb Supply Interruption Brazilian Petrochem plant USD 25,000,000
Feb Fire & Explosion South Carolina Chemical Plant *
Feb Fire & Explosion Texas Gas Plant USD 50,000,000
Feb Fire & Explosion Philadelphia onshore Gas Pipeline USD 25,000,000
Mar Earthquake Japanese Chemical Plant USD 173,600,000
Mar Earthquake Japanese Chemical Plant USD 71,000,000
Mar Collapse Texas Chemical Plant USD10,000,000
Apr Windstorm Alabama Gas Plant USD 13,000,000
Apr Mechanical Failure Louisiana Petrochem plant USD 25,000,000
May Fire & Explosion Venezuelan Refinery USD 10,000,000
May Tornado Oklahoma Gas Plant USD150,000,000
May Tornado Missouri Gas Plant USD10,000,000
June Fire & Explosion UK Refinery *
Aug Fire & Explosion Argentinean Refinery *
To date Total under USD 10,000,000 (Minimum of USD 1mm) USD 21,833,390
Total (known) for year (excess of USD1mm) USD 2,167,733,390
Source: Willis Energy Loss Database/LPL market knowledge (as of 15 September 2011)Figures shown as "(est)" are estimates from various press or market sources.Figures do not take into account the effect of any self insured retention, deductible or policy limit and therefore lossesare not necessarily those which insurance markets have actually suffered but give a rough guide to the overallmagnitude of industry loss.* Reports would suggest in excess of USD 10 million
16
The following are some Marine Losses that have made the press this year.
2011 MAJOR POWER LOSSES (IN EXCESS OF USD 10,000,000 GROUND-UP)
Jan Hydro Tunnel collapse Panama UtilityUSD 100,000,000
(est)
Jan Fire & explosion South African Coal powered Turbine USD 150,000,000
July Fire & Explosion Cyprus Power PlantUSD 840,000,000
(est)
To date Total under USD 10,000,000 (Minimum of USD 1mm) USD 19,194,800
Total (known) for year (excess of USD1mm) USD 1,109,194,800
Source: Willis Energy Loss Database/LPL market knowledge (as of 15 September 2011)Figures shown as "(est)" are estimates from various press or market sources.Figures do not take into account the effect of any self insured retention, deductible or policy limit and therefore lossesare not necessarily those which insurance markets have actually suffered but give a rough guide to the overallmagnitude of industry loss.* Reports would suggest in excess of USD 10 million
2011 MARINE TOTAL LOSSES
Jan Kang Bong Cargoship sank off China
Jan Seiyoh Chemical Tanker sank off Japan
Jan Mapinduzi General cargo ship sank off the Seychelles
Jan AB 9 Asphalt tanker sank off Singapore
Feb Gregoriy Petrovskiy Cargoship sank off Georgia
Mar Helga Cargoship sank off Belize.
Mar Oliva Bulker sank off Tristan da Cunha Islands
Apr Hyang Ro Bong General cargo ship sunk off Bangladesh
June Deneb Containership capsized Spanish port.
July B Oceania Bulk carrier sank off Pulau Pisang following collision
July Asia Malaysia Ro Ro ferry sank off Philippines
Aug Rak Carrier Bulk carrier sank off India
Aug Wising Cargo vessel sank off Bangladesh
17
The following rating changes affecting Insurers writing Energy & Marine business have occurred
in the past three months or so.
Note: The above are rating moves we thought warrant mention but are not necessarily all rating
changes that have occurred in the past three months effecting Insurers that write Energy and
Marine business and do not include changes in individual Lloyd’s syndicate's rating (as Lloyd’s
as a whole continues to be rated as an overall entity).
Security RatingChanges
INSURER’S NAMEPREVIOUSRATING
UPGRADE /DOWNGRADE
NEW RATINGEFFECTIVEDATE
Groupama Group ofCompanies
S&P BBB+ Downgrade S&P BBB23 September2011
18
UK COURT RULING ON MEANING OF“100%” IN LIMITS / EXCESS CLAUSES
Although a reinsurance case, the ruling in Gard
Marine v Lloyd Tunnicliffe and Others [2011]
reinforces the recognised meaning of "100%" in
a limits / excess clause in Offshore Energy
insurance contracts (being that the limit and
excess scales to the Insured's Interest in a loss).
The Claimant, Gard Marine & Energy Limited
("Gard"), subscribed to a share under an Energy
Package Insurance policy (the "Original Policy")
purchased by an oil company (the Original
Insured), Gard reinsured part of their share
through facultative reinsurance (the
"Reinsurance Policy") with various Lloyd's
syndicates and insurance companies.
The Original Insured suffered a loss as a result
of damage caused by Hurricane Rita which was
paid by Gard and Gard subsequently made a
claim against its reinsurers, which resulted in a
dispute between the parties as to the point at
which the reinsurance policy attached, with the
use and meaning of "100%" being the principal
issue in dispute.
The Sum Insured clause in the Reinsurance
Policy read "To pay up to Original Package
Policy limits / amounts / sums insured excess
of USD 250 million (100%) any one occurrence
of losses to the original placement".
Gard argued that "100%" meant that the excess
of USD 250mm related to the total gross loss,
arguing that the excess relevant to the
Reinsurance Policy was to be reduced or
"scaled" in proportion to Original Insured's
interest in the total gross loss, in this case
being 45.6%, and so the relevant deductible was
45.6% of the USD 250mm (i.e. USD114mm).
Reinsurers however argued that Gard's
interpretation was incorrect and that "100%"
referred to the losses paid by the full (100%)
market of insurers on the Original Policy and
therefore the relevant excess was the full
USD 250mm, and reinsurers were only obliged
to Gard's proportion of the amount paid to the
Original Insured above the USD 250mm excess.
The Court heard evidence from a wide range of
fact witnesses (all experienced brokers /
underwriters in the energy field) and from
expert witnesses in underwriting and insurance
broking, and found that the "evidence
overwhelmingly supports the conclusion that
the notations “(100%)” or “(100% for interest)”
have a specialised and recognised meaning in
the energy market", which was in line with
Gard's understanding, and applied equally to
the policy excess and policy limit (in each case
if used), in both direct insurance of offshore
energy risks and facultative reinsurance.
OPA POLICY RULING OVERTURNED ATAPPEAL AGAINST INSURERS DUE TOAMBIGUITIES IN WORDING
A US Appeal Court has reversed the District
Court’s decision in Jefferson Block v. Aspen
Insurance, holding that, under applicable
New York law, the Original Court erred in not
applying the contra-insurer rule, (i.e. that an
ambiguous clause in an insurance policy must
be construed in favour of the Insured).
In the original case coverage was in dispute
over whether a USD 10mm Oil Pollution Act
Legal Roundup
19
(OPA) Policy covered costs and expenses incurred
following an oil pipeline leak in the Gulf of Mexico
in 2007. The defendant (Jefferson Block 24 Oil &
Gas LLC) spent nearly USD 3mm in clean-up
and removal of the leaked oil. Aspen denied
coverage on multiple grounds, the most salient
being that the particular pipeline was not an
asset covered by the Policy. Jefferson claimed
the Policy clearly provided coverage for all of
their facilities located in the High Island area of
the GOM. Aspen contended that the Policy only
covered facilities scheduled in the MMS 1021
(the form used by lease block applicants to
identify to the MMS their covered facilities).
The Oil Pollution Act only requires applicants
to have insurance (or other form of financial
guarantee) for facilities that have a worst case oil
spill potential of more than 1,000 barrels of oil.
MMS 1021 is a companion form to MMS 1019 (the
MMS Insurance Certificate) that can be either
on a "general option" or "scheduled option".
In this case the scheduled option was selected.
The pipeline in question started at one of the
lease block numbers shown on the MMS 1021,
but crossed six other lease blocks in which the
Insured had no interest before reaching the
shore (approx three-quarters of the pipeline
length was said to be outside of its origin block).
It is not clear from the original judgement papers
whether the leak occurred inside or outside of
the covered lease but one would assume it was
outside or the plaintiff would have used such an
argument to support their case. According to
expert testament MMS 1021 can include a
pipeline that crosses multiple leases by
recording its "right-of-way" number, but in this
case it did not. It also transpires in this case
that the pipeline had a worst case spill
discharge potential of under 1,000 barrels of oil.
The original court concluded that Jefferson had
purchased the policy solely to comply with
issuing a Certificate to the MMS and due to a
facility with under 1,000 barrels worst case
discharge not having to have coverage certified,
and the fact the schedule did not specifically list
the pipeline, it was not covered by the Policy,
and granted Aspen a summary judgement for
dismissal of Jefferson's case.
The Appeal Court however found that the OPA
Policy language was ambiguous and capable of
various interpretations. The ambiguity of the
policy language arose because the policy’s
listing of insured facilities referred to a separate
regulatory form which included only the
locations of offshore facilities covered and did
not specifically list any pipelines. Whether the
pipeline, which undisputedly started at one of
the locations designated on the form, but
crossed many others that were not so designated,
was a covered offshore facility could not be
determined through reference to the plain
language of the policy alone. Additionally, none
of the extrinsic evidence submitted by the
Underwriters was deemed by the Appeal Court
to adequately resolve the ambiguity. The Appeal
Court held that since the policy language
addressing covered offshore facilities was
ambiguous it should be construed in favour
of the insured, under the contra-insurer rule.
And accordingly, adopted the ‘reasonable
interpretation of the policy’ and held that the
pipeline was a “covered offshore facility”
designated on the regulatory form and thus
included within the scope of coverage afforded
by the OPA Policy.
20
Demand for Kidnap & Ransom (K&R) Insurance continues to become more widespread as companies
increasingly look to overseas markets in high risk territories for new business opportunities where volatile
political, economic and social situations can often lead to a deteriorating security situation.
Energy companies are common targets for kidnappings and the past year has seen a steady flow of such
incidents in Mexico, Nigeria, Pakistan, Colombia and Venezuela, amongst others.
The maritime industry remains at extreme risk as the threat of piracy continues unabated in the Indian Ocean
and increasingly off the coast of West Africa.
To understand the risks they face and how K&R can provide value, LPL clients can now access (through JLT's
dedicated K&R team) a K&R Resource Library including a variety of information such as brochures, application
forms, summaries of cover, wordings and periodical K&R Bulletins.
If you would like access to the Library or have any other questions relating to K&R Insurance, please contact
your usual LPL Account Executive who will be able to arrange for you to have access to the online library.
Kidnap & RansomResource Library
21
The Atlantic Hurricane season so far has seen its fair share of
named storms, but so far the number of storms reaching hurricane
strength are much less than forecast.
Like the prior two years, although the overall number of storms are
not too far out of line with forecasters' estimates, they have so far
not tracked through regions where they would be likely to cause
damage to offshore oil and gas assets, the exception to this being
Tropical Storm Lee which led to more than a third of platforms and
rigs in the Gulf of Mexico being evacuated, according to the US
Bureau of Ocean Energy Management, Regulation and Enforcement
(BOEMRE), although its relatively weak strength over this region
appears to have caused very little, if any, damage.
The following chart shows the number of storms to date (up to and
including Tropical Storm Philippe) against the major forecasters'
June estimates and the 61 year norm.
0
5
10
15
20
Intense HurricanesHurricanesTropical Storms
Actual61 Year NormColorado State
University
(mid range)
Tropical
Storm Risk
14.1
7.6
2.7
6.2
10.5
5
9
16
3.5
12
14
2011 ATLANTIC HURRICANE PREDICTIONS (JUNE 2010)
AtlanticHurricaneSeason Update
22
The 'Arab Spring' has reshaped the risk environment for all
countries and investors in the Middle East and nowhere is
the impact felt more keenly than in Israel. Although Israel
has not experienced internal upheaval, political instability
in neighbouring Egypt and Syria, has a profound impact on
the regional security environment.
For more than 30 years Israel has grown accustomed to
calling the shots as the regional power broker. The security
threat posed by Egypt was neutralised by the US-brokered
peace agreement in 1978 and former president Hosni
Mubarak could be relied upon to abide by the terms. In
Syria, despite the absence of a peace treaty, the Assads
could be relied upon to prevent protestors and terrorists
infiltrating the Golan Heights, thereby ensuring stability
along Israel's border.
The rise of populist movements has changed this security
dynamic and revealed the weakness of Israel's security
structure; one based on alignments with the ruling elites,
military commanders and intelligence communities of
neighbouring states; not the Arab public who remain
broadly hostile to the existence of a Jewish state in
their midst.
As more democratic forms of government develop, Israel
will find itself increasingly isolated, as new leaders come
under pressure to take a stand against Israeli-US
hegemony and in support of Palestinian rights. Already
Israel’s efforts to isolate Gaza, which is controlled by
Hamas, have been undermined by the opening of the
Rafah border crossing into Egypt and its embassy in
Cairo being attacked by protestors.
CHALLENGES TO ISRAEL'S ENERGY SECURITY
Israel's energy security – Egypt supplies an estimated
40 percent of Israel's gas – has also been compromised
by the uprisings both in the Egyptian courts and by acts of
Political Violence.
From a legal perspective, the gas deal between Egypt and
Israel is highly controversial. The contract was agreed by
East Mediterranean Gas (EMG), an Egyptian company
owned by Hussein Salam, a cohort of Mubarak, and was not
subject to parliamentary approval. The terms of the deal
have always been kept secret and even the amount Israel
pays for the gas, believed to be well below market price,
has never been made public. Egypt's transitional
government has pledged to review all gas contracts signed
under such circumstances and Salam has been arrested on
corruption charges.
In a reflection of the unpopularity of the deal and negative
public sentiment towards Israel, the gas pipeline has been
subjected to a number of attacks since February. Several
explosions along the pipeline have disrupted supply and
further attacks are to be expected.
The fluid security situation has reinforced the importance
of Israel developing its own recently discovered Tamar and
Leviathan gas fields. The Tamar field is estimated to have
reserves of 8.4 trillion cubic feet, while the reserves of the
nearby Leviathan field are thought to be closer to 16 trillion
cubic feet.
It is anticipated that the Tamar field has sufficient reserves
to meet Israel's gas needs for the next 20 years, while gas
from the Leviathan field can be sold externally, developing
a new revenue stream for the Israeli government.
INVESTMENT RISKS IN ISRAEL'S GAS SECTOR
Despite the potential of the gas finds, investment in Israel's
gas sector presents a number of challenges to investors.
First political instability and insecurity will add a risk
premium to development costs. Natural gas facilities could
become a terrorist target. The risk may be neutralised by
the uncertainty surrounding the capabilities of regional
terrorists to carry out such an attack and whether these
Political Risks Update:The ‘Arab Spring’
23
groups would consider an attack on these facilities to be in
their interest. However, it cannot be discounted as the
capacity of terrorist groups to stage attacks may become
more sophisticated.
Second, maritime and other border disputes could result in
legal action and possible military confrontation. Many of the
countries in the eastern Mediterranean lack defined
maritime boundaries, mainly because of unresolved
military disputes. The most important involve Lebanon,
where Hezbollah claims that part of the offshore Leviathan
field lies within its exclusive economic zone. Beirut has
asked the UN to help resolve its dispute with Israel, but the
UN has shied away from any involvement.
Third, and perhaps the bigger risk for investors, is Israel's
response to the gas finds. The size of the discoveries has
prompted a review of taxes and royalties governing the
sector and has sparked a battle with environmental
lobbyists over development of the sites.
The terms of operating in Israel have become more onerous
following the passage through the Knesset (parliament) in
April 2011 of a tighter royalty structure for gas operations.
The Knesset voted to raise taxes and royalties from
33 percent to between 52 percent and 62 percent, depending
on qualifying factors. Ambiguity surrounds the application of
the taxes and whether any would be applied retrospectively.
In April 2011, firms involved in discovering the fields, lost
their vociferous campaign to prevent any change in the tax
environment. It was also unclear whether the new fees
would be applied retroactively. Energy companies
campaigned vociferously against the changes on the
grounds that they had spent years exploring in Israel and
its territorial waters and tax increases would constitute a
breach of contract and deter future investors.
A further obstacle to developing these fields is posed by
Israeli bureaucratic and public opinion. Opposition to the
build up of infrastructure needed to export natural gas to
major demand centres, specifically Europe, is fierce.
Noble Energy has faced significant difficulties in trying to
build gas pipelines and an LNG facility and the Israeli
government bowed to public and environmentalist
pressures and rejected Noble Energy's infrastructure plans.
These issues have combined to sour the outlook for the
swift development of the offshore fields.
The challenges of investing in Israel's offshore gas fields
are demonstrative of the risks faced by all companies
operating in the energy sector, even when working with
liberal, democratic and capitalist host governments.
Whilst businesses cannot manage all aspects of political
risk, they do have influence on the political risk
environment in which they operate and a robust political
risk management strategy can make all the difference.
Organisations with more advanced risk assessment
capabilities experience fewer cases of expropriation,
government payment default, import / export licence
cancellation or currency restrictions as they are able to
devise effective strategies to help manage risk.
Political Risk Insurance (PRI) plays a significant part in any
political risk management strategy by addressing the
financial consequences of those elements of political risk
that cannot be managed. Today the PRI market is strong
and whilst political risk is always written with some caution
underwriter appetite is good. The markets' total current
theoretical capacity for a single equity PRI placement is in
region of USD 1.5bn for a period of up to 3-5 years, with as
much as one-third of this amount available for policy
periods up to 10 years.
24
WORLD RISK REVIEW
JLT's World Risk Review (WRR) ratings provide a
key strategic decision making tool that delivers,
quickly and easily, a real understanding of
political risk in any given country upon which a
management strategy can be built.
Recent international events have reinforced the
myriad ways in which political risk can pose a
threat to trade and investment, particularly in
emerging markets where risk can often be seen
as an investment constraint. Research has
shown that organisations with more advanced
risk assessment capabilities experience fewer
cases of expropriation, government payment
default, import / export licence cancellation or
currency restrictions as they are able to devise
effective strategies to help manage risk.
JLT has developed the World Risk Review (WRR)
to meet client demands for a more comprehensive
risk assessment tool. Nine perils are rated in
197 countries and territories under the broad
categories of Political Violence, Trading
Environment and Investment Environment.
This provides a starting point for clients to
devise effective strategies to manage these
risks with greater granularity, rigor
and sophistication.
The newly launched WRR website includes:
• Your personal ratings table
• Historical ratings
• Country comparisons
• Key insights & country reports
• Heat mapping
• User opinion and discussion blog
For more information go to
www.worldriskreview.com
25
‘Focus on’:Lloyd's 2012 EnergyLiability Business Plans
In July this year Tom Bolt, Director, Performance Management atLloyd's wrote to all CEOs and Active Underwriters at Lloyd’sunderwriting entities under the heading of “Energy Liability: PlanApproval Requirements and Best Practice 2012” to set out howLloyd’s expects Energy Liabilities to be underwritten at Lloyd's forthe 2012 year of account.
The letter sets out a "precondition" of Lloyd’s approval ofSyndicate Business Plans for Energy Liability (that EnergyLiability risks are no longer included in package policies and arewritten on a stand-alone basis), and also states that Lloyd’s hasidentified a number of areas of underwriting “Best Practice”,adding that “Managing agent’s ability to manage their EnergyLiability books in accordance with the Best Practice Statements...will be taken into account when approving Syndicates BusinessPlans”, which would seem to imply Lloyd's would try to enforcethese as mandatory, rather than just "best practice".
26
The precondition (first bullet) and "best practice
statements" (subsequent bullets) are as follows,
with our views on each in red.
• Energy Liability risks to be written on a
stand-alone basis (and not in package
policies).
If this were to happen (which Lloyd's seems
adamant should be the case) we see either
Lloyd's underwriters losing out to company
markets who may still be willing to include
liabilities in packages, or where Lloyd's
capacity is still required, prices could rise
where stand-alone liability books dictate
minimum premiums higher than those
previously charged in packages.
• All offshore pollution including seepage and
pollution in OEE, OPOL and OPA / COFRs is
written into the liability policy / account.
We see this as being the main area of
concern with the PMD's latest position and
think this is the area that will receive the
most push back from syndicates who will
not want to see "traditional" OEE business
haemorrhage from their books as non-
Lloyd's markets continue to offer a product
that Insured's want to purchase. Insured's
will likely find stand-alone pollution from
well products more restrictive and more
expensive (as OEE underwriters are unlikely
to grant significant premium credits to
exclude pollution), whilst underwriters will
face the challenge of having to dedicate
additional capacity without the protection of
an OEE policy's “Combined Single Limit".
There will also be issues surrounding the
current "first party" clean-up granted by
OEE polices. Our view here is that the
market will find a way to maintain S&P
in OEE polices, but watch this space.
• Pollution cover is written on a sudden
and accidental (time element) basis and
not gradual.
We see little change to current practice
here as gradual pollution has not been
readily available in the market anyway.
• Syndicates do not write contractors
contingent OEE in the liability policies and
address contingent OEE requests in the
OEE book.
Again we see little change to current
practice here as most contingent OEE is
written already into OEE books (with some
exceptions of course).
• Syndicates do not write ‘first party’ Removal
of Wreck / Debris in the liability policy
unless coverage provided for removal of
wreck is limited to legal liability at law.
Where statutory removal of first party
property is given, consideration of this
exposure is accounted for in pricing
methodology, included in aggregations
arising out of catastrophe events.
Again we see little change to current
practice here as most syndicates have been
excluding 'first party' ROW / D from liability
policies post Hurricanes Katrina/Rita.
27
• Syndicates write 100% limits scaled for
interests, subject to a joint venture clause.
Following the Macondo incident the market
had already strengthened its resolve not to
write "for interest" polices but had been
doing so sparingly where the exposures
to other Joint Venture partners could be
defined and accounted for. We see "for
interest" policies becoming even less
available now.
• Policies have an overall each accident and
in the annual aggregate limit for the
coverages provided.
This was already being pushed for by the
market on most polices and we see this
being the norm going forward.
• All policies are written on a CSL (combined
single limit) basis for all Insured, Named
Insureds and Additional Insured combined.
This was already being pushed for by the
market on most polices and we see this
being the norm going forward.
• Limits are inclusive of legal costs.
This was already being pushed for by the
market on most polices and again we see
this being the norm going forward.
Lloyd & Partners have spoken to all the key
liability underwriters at Lloyd's and it is clear to
us that there is in fact very little support to this
edict from the syndicates themselves, with
many underwriters saying they will challenge
the Performance Management Directorate's
ability to impose such stringent rules on how
they underwrite their business.
No mention was made in the PMD's letter of
any consultation with clients or brokers and nor
are we aware of any. A number of brokers have
however subsequently given their thoughts
against this edict from Lloyd's, and we are
aware of several meetings with Bolt and his
team and senior individuals in the broking
community who have challenged the PMD's
position on this issue.
The PMD are yet to respond publicly or to issue
any further guidelines, and it will be interesting
to see now whether individual syndicates
incorporate these new "rules" into their
business plans for 2012 or whether they
challenge the PMD to demonstrate that a
business plan with flexibility to ignore these
rules, where sound underwriting dictates, is a
threat to Lloyd's profitability as a whole.
Bolt had an opportunity when speaking at the
Houston Mariners conference in late September
to address underwriters' and brokers' concerns
about his mandate to syndicates, but took the
opportunity to fire another broadside at
underwriters about the inadequacy of pricing in
the energy sector. However we understand that
there is now a tacit acceptance from the PMD
that the proposed separation of Energy
liabilities from packages is now considered
“best practice”, and where syndicates choose to
continue to write liabilities (including S&P in
OEE) in packages, they will be required to
evidence sufficient controls in their business
plans relating to aggregation and pricing.
28
About Lloyd & Partners
Headquartered in the City of London, Lloyd & Partners is an independent specialist insurance
broker at the forefront of the insurance industry.
We operate in four main sectors offering in-depth sector expertise and an extensive range of
insurance solutions for:
• Cargo, Specie & Fine Art
• Casualty, Healthcare & Professional
• Energy & Marine
• Property
Lloyd & Partners is organized into client-facing business teams and is housed in One America
Square, enjoying a prime City of London location. With Lloyd's of London in close proximity, we are
in a perfect position to take advantage of one of the most well established insurance markets in
the world.
Every broker and client we serve receives the ongoing benefit of our whole-team approach. This
approach is unusual in our industry. Most insurance broking firms of our size and position assign
clients to a single contact. But from the start, we give you access to every member of the sector
team you work with. This means you can tap into a far wider network of knowledge and assistance.
It also means our teams can be more easily available to you when you need them.
This high standard of service flows through our entire organisation: our shared goal is to always
exceed your expectations. In accordance with this principle, we only focus on sectors where we can
develop and maintain market leadership. And we will only take on projects and clients for which we
know we can do the best job possible.
Lloyd & Partners is also responsible for the management of JLT Park Ltd, the Bermudian broking
operation, which has expertise in the fields of Property, Casualty and Professional Liabilities,
Healthcare and Construction.
Lloyd & Partners is a wholly owned subsidiary of Jardine Lloyd Thompson Group plc. In addition to
the broking operations listed above, we provide wholesale services for JLT-owned operations in
Australasia, Asia, Canada and Latin America.
Please visit our website www.lloydandpartners.com for more details.
29
This newsletter is compiled and publishedfor the benefit of clients of Lloyd &Partners Limited. It is intended only tohighlight general issues relating to thesubject matter which may be of interestand does not necessarily deal with everyimportant topic nor cover every aspect ofthe topics with which it deals. It is notdesigned to provide specific advice on thesubject matter.
Views and opinions expressed in thisnewsletter are those of Lloyd & PartnersLimited unless specifically statedotherwise.
Whilst every effort has been made toensure the accuracy of the content of thisnewsletter, neither Lloyd & PartnersLimited nor its parent or affiliated orsubsidiary companies accept anyresponsibility for any error, omission ordeficiency. If you intend to take any actionor make any decision on the basis of thecontent of this newsletter, you should firstseek specific professional advice and verifyits content.
Registered Office:
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Vat No. 244 2321 96
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www.lloydandpartners.com
A Jardine Lloyd Thompson company.
Lloyd’s Broker.A company incorporated with liabilitylimited by shares.Authorised and regulated by theFinancial Services Authority.© Lloyd & Partners October 2011. All rights reserved. 264293