Chubb’s 2024 Liability Limit Report: Essential Trends

InSurOp-Ed: Am I Legally Liable?

Chubb’s recently issued 2024 report on Liability Limits and Large Loss Profile offers valuable insights into liability trends across different industry sectors. This article summarizes some key points from the report and how they could impact insurance professionals in Massachusetts.

Trend in “Nuclear Verdicts”

The report emphasizes a surge in “nuclear verdicts” – settlements and awards exceeding $10 million. These verdicts escalated from $4.9 billion in 2020 to $18.3 billion in 2022, marking a 273% surge across ten industry sectors. This trend indicates an increasing threat of high-value liability claims.

Changes in Purchased Liability Limits

Despite the rise in verdicts, the report observes a decrease in liability limits acquired by businesses across most sectors:

Construction: 44% lower in 2023 compared to 2014

Healthcare: Down by 31% in 2023 compared to 2014

Consumer Products: Reduced by 28% in 2023 compared to 2014

Only the utilities sector exhibited growth, with coverage increasing by 9% since 2014.

Factors Impacting Liability Risks

The report highlights factors that contribute to the rise in liability-related loss costs:

Third-party litigation funding, valued at $18.2 billion in 2022 and projected to grow at a rate of 13.2% until 2028.

Shifting views towards businesses and corporations.

Emerging risks include climate change, geopolitical issues, and concerns regarding data privacy.

The impacts of the pandemic led to a backlog of cases and an increase in litigation expenses.

Highlighted Cases

The report mentions notable legal cases from 2023:

A $112.2 million award for damages related to a flooded factory.

An $11.6 million settlement was granted to a train engineer who suffered heat exhaustion.

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A $1 billion verdict in a case involving negligence by a truck driver.

An $800 million settlement related to a mass shooting incident.

Relevance for Insurance Professionals in Massachusetts

Given Massachusetts’ emphasis on healthcare, education, and technology sectors, local insurance professionals should closely monitor liability trends within these areas. The industry-specific insights provided in the report could assist with risk evaluation and client consultations.

Considerations for Insurance Coverage

The report indicates that determining liability insurance coverage remains a complex task. Factors to take into account:

The potential financial repercussions of losses

Impact on brand reputation and stock prices

Cost considerations

Ways to increase self-insurance coverage

The Role of Insurance Companies and Brokers

As per the report, insurance providers and brokers can help businesses evaluate their liability insurance needs. This might involve exploring specialized coverage options like punitive damage wraps for added coverage certainty.

In Summary

Chubb’s 2024 Liability Limit Benchmark & Large Loss Profile report presents a comprehensive overview of liability trends in different sectors. For insurance professionals in Massachusetts, the report offers valuable data and insights to guide client conversations and risk evaluation strategies. The complete report can be accessed for free on Chubb’s website by clicking HERE.

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