Chartis delivers professional indemnity insurance blow

Insurance file
Thursday 05 August 2010 by James Dean

The UK’s largest professional indemnity insurer does not have an ‘appetite’ to take on new law firms with fewer than 10 partners, it told the Gazette this week.

Chartis, previously AIG, which had a 15% share of the solicitors’ professional indemnity insurance (PII) market last year, said that its ‘new business focus’, for new rather than existing clients, will be on firms with 10 or more partners.

A spokesman said: ‘We have informed brokers that we do not have an appetite to insure solicitor firms with fewer than 10 partners.’

The news will come as a disappointment to more than 3,000 small law firms and sole practitioners likely to need to find a new insurer this renewal, because of Quinn’s expected exit from the market, and Hiscox’s announced departure. Zurich, the third largest PII insurer with a 13% market share last year, said in July that it will ‘significantly’ cut the number of new law firms it takes on.

The Chartis spokesman added: ‘It has been a difficult year for the solicitors’ [PII] market in terms of claims and the future of the [assigned risks pool]. There have been predictions that the number of firms in the ARP could easily double this year, which clearly affects how underwriters view the market. Premiums will rise in part to cover the probable increase in claims arising from the ARP.’

Travelers, the second largest PII insurer with a market share just over 13% last year, has so far declined to comment on its plans for the coming renewal period.

Meanwhile, brokers reported that insurers are set to ask solicitors for increasingly detailed information before offering PII quotes.

Brian Balkin, executive director at insurance brokers Lockton, said: ‘We have had a number of insurers asking for additional financial information from firms, such as profit or loss before tax, and partner drawings over past financial years. Some insurers have actually asked us to add these questions to our proposal form. It’s not purely an aid for underwriting solicitors’ professional indemnity, but more of an underwriting aid for insurers looking at the overall health of the law firm in the current economic climate.’

Janine Parker, head of solicitors’ professional indemnity at Marsh, said that some insurers are also asking for partners’ CVs.

Comments

Insurers questions

The number of Partners is not the most relevant question. Try asking what the ratio of qualified lawyers to unqualified staff is. Then ask for the qualifications (not just the legal qualifications) of the unqualified staff in order to assess the calibre of the individual.

It is common sense that if one qualified lawyer "supervises" three unqualified staff then the risk is less than less than if one qualified lawyer supervises thirty unqualified staff.

If the unqualified legal staff are cheap labour with no real legal background or qualifications of any kind then the risk is further magnified according to the ratio of qualified lawyers to unqualified staff.

If Tesco Law goes ahead the shareholder drive for profit and cost cutting will magnify the unseen risk that already exists. Puppet Heads of Legal Practice of ABS Limited Liability firms and "survivalist" qualified lawyers will know doubt hope they are lucky in their efforts to supervise low calibre staff on peanuts but will be reassured by an insurance guarantee when their luck runs out.