As many of you are now
becoming aware, the insurance
market is experiencing
many dramatic changes.
These new market conditions
were already in progress
last summer but became
accelerated with more
significant impact following
the national tragedy of
September 11th. The Professional
Liability market was ending
a seven to ten year period
of diminishing premiums
combined with a downward
spiraling stock market
forcing carriers to increase
their rates to offset
growing losses. Even with
these increases in rates,
many carriers found that
the level of profitability
required could not be
achieved related to the
risk.
What does this all
mean to you the law firm
- Business as usual was
no longer applicable.
Within the last six months,
five carriers have left
the State of Arizona alone.
Two of these, Scottsdale
Insurance Company and
Safeco Insurance Company,
have been foundations
of the Arizona legal marketplace.
The remaining carriers
are seriously evaluating
their current insureds,
limiting coverages, increasing
deductibles and non-renewing
clients all with a minimum
of 25% - 40% rate increase.
If your firm practices
in a higher risk area
of practice (class action/mass
tort, securities, plaintiff
personal injury, intellectual
property/copyright, high
value domestic relations,
bankruptcy, judicial foreclosure,
etc.) do not expect that
your renewal will be uneventful.
When you combine any of
these practices with claims
and or multiple suits
for fees, you may have
difficulty procuring an
insurance program with
any similarity to your
expiring policy. What
you need to do - Filling
out incomplete or short
form renewal applications
is no longer viable to
contact alternative markets.
If you have claims or
unique issues, provide
detailed narratives explaining
the situation. Depending
on the broker's influence,
you may be able to speak
with the company directly
to better communicate
your issues or concerns.
Interview your broker
to insure that he/she
has the market influence
and knowledge to work
with your unique circumstances.
Remember, your submission
is your representation
to the carrier.
Make sure it conveys
a positive image of your
firm and the services
you provide to your clients.
Finally, be in control
and pro-active with your
insurance program. Not
all insurance carriers
are alike. Find out how
they handle claims, if
you have any input in
the selection of representing
counsel and how many firms
does that broker and or
carrier insure in the
state. Be prepared at
renewal time and allow
enough time to consider
alternative options.