Market 'too small and too much trouble'
Kate Marshall
28/03/2003
Law Council of Australia president Ron Heinrich said the assessment of the Australian insurance market by underwriters in the UK was "too far, too small and too much trouble".
Mr Heinrich, a former chairman of LawCover Pty Ltd in NSW, said lawyers and other professionals could expect to pay anywhere between 400 per cent and 1000 per cent more for their non-compulsory professional indemnity insurance.
He blamed a combination of insurance company failures, natural disasters and the harder attitude of reinsurers reeling from a huge fall in the value of their share portfolios.
"Some in our profession may have great difficulty but for some, such as accountants, engineers and architects, it may well prove impossible to get cover," he said.
Mr Heinrich stressed the legal profession would escape the worst of the dramatic rises but only because of the compulsory professional indemnity schemes operated by each state's professional body.
He said law firms experienced at dealing with the London market would have a much easier ride than small and medium firms, which are already having difficulty getting adequate cover because of lost or reduced capacity in Australia.
"September 11, 2001, and a series of natural disasters around the globe have conspired to drive up reinsurance costs dramatically," Mr Heinrich said. "About $US200 million [$334 million] has been lost from reinsurers' balance sheets."
All this makes it easy to understand why insurers are reluctant to take on "long-tail" cover such as PII when they can offer "short-tail" household insurance instead.
According to Mr Heinrich, once top-up rises of 45 per cent take effect from July, law firms will find top-up is double the cost of compulsory insurance - a complete reversal of what a medium-size firm used to pay two years ago.
Mr Heinrich warned law firms wanting top-up cover exceeding $10 million to expect a big hit.
"The medium-sized firms will see a very significant increase in this next layer of top-up," he said.
Fortunately for lawyers in NSW, LawCover Plus lifted its top-up scheme to $18.5 million last year.
"Without that facility, it would be extraordinarily difficult for medium and small firms to get the extra," Mr Heinrich said.
Evidence of the insurance crisis is even more marked in the $50 million-plus layer, which last year was being quoted at between $6000 to $7000 per $1 million of cover compared with $600 per $1 million just a couple of years ago.
Despite their "clean" claims history, even the long-running compulsory schemes will not be immune from rises.
"Even though compulsory schemes have been able to hold the increase down, in the past 12 months they have still gone up between 20 per cent and 120 per cent," Mr Heinrich said.