Update on recent insurance for ELD...

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Update on recent insurance for ELD developments 13 th EC ELD national experts meeting European Commission, Brussels 10 June 2013 Carmen Bell Non-life Insurance Department Insurance Europe

Transcript of Update on recent insurance for ELD...

Page 1: Update on recent insurance for ELD developmentsec.europa.eu/environment/legal/liability/pdf/eld... · Non-life Insurance Department Insurance Europe. Overview of presentation Agenda

Update on recent insurance for ELD developments

13th EC ELD national experts meetingEuropean Commission, Brussels10 June 2013

Carmen BellNon-life Insurance DepartmentInsurance Europe

Page 2: Update on recent insurance for ELD developmentsec.europa.eu/environment/legal/liability/pdf/eld... · Non-life Insurance Department Insurance Europe. Overview of presentation Agenda

Overview of presentation

Agenda items

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Insurance Europe

Risk assessment

Awareness

Types of liability products

Insurers’ experiences

12345

Conclusions6

Page 3: Update on recent insurance for ELD developmentsec.europa.eu/environment/legal/liability/pdf/eld... · Non-life Insurance Department Insurance Europe. Overview of presentation Agenda

Insurance Europe

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Who?

What?

Why?

European insurance and reinsurance federation, founded in 1953

Represents around 95% of European insurance market by premium income

Committed to creation of favourable regulatory and supervisory framework for insurers at European and international level.

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Insurance Europe - Members

34 national associations

26 EU member states

6 non-EU markets

Croatia, Switzerland, Iceland, Norway, Turkey, Liechtenstein

2 associate membersSerbia, San Marino

3 partnersRussia, Ukraine, Kosovo

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Page 5: Update on recent insurance for ELD developmentsec.europa.eu/environment/legal/liability/pdf/eld... · Non-life Insurance Department Insurance Europe. Overview of presentation Agenda

Risk assessment tools

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What do these tools identify?

Examples

Geographical location of potential risk of pollutionIndividual risks in protected areas, waterways, etc (eg DE)Different costs for remediation of damage

DE – GDV ZÜRSES – access to state ministry mechanism (MORA)FR – Assurpol “3-step process”UK – Larger members in London market with online toolsIndependent consultations?

Tend to focus on modelling environmental liability rather than the actual environmental damage.Do not always provide loss prevention or size of potential loss

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Risk assessment tools

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Need for funding (difficult with economic downturn)

Need for access to data(lack of central database)

Need for consumer interest(lack on demand from clients/state)

Barriers can exist for further development of these tools

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Awareness

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Source of problem?

Factors• ELD claims not declare• SMEs unaware of ELD risks

• SMEs unaware their cover does not include ELD risk

• Economic downturn

Lack of demand for ELD cover

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Awareness

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What is the insurance sector doing?

Increased awareness

EU level (Insurance

Europe)

National ins assoc

seminars (CZ)

Surveys and publications (ES, FR, UK)

Ongoingconsult with

govt (GR)Social media

(IT)

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Awareness

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Insurance association and

company publications on

ELD risks

National govt

campaigns

EC conferences

and seminars

ELD awareness can be increased with continued cooperation

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Types of liability products

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Stand-alone (EIL, EL, EL Damage)

Business activities

cover

Professional Indemnity

Property

GTPL endorsement

Various types of cover for environmental liability risks

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Types of liability products

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Categories include:

Often excluded from cover

Industrial sitesContractors coverProfessionals coverTransport (road, rail, waterways)D&O cover

Willful acts and willful failure to comply with regulationsDamage caused by normal operations (ie foreseeable accidents)Gradual and accidental pollution (ie seepage of chemicals)GMOs previously excluded, though some start to cover

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Types of liability products

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Non-binding model wording

Though not ELD, environmental risk cover sometimes also includes:

To offer guidance on designing cover for ELD (DE, CH)Special terms and conditions for some sectors

Business planning (eg architects)Transport

Insurers and brokers also design their own wording to suit special customer needs

Bodily injuryProperty damageBusiness interruption

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Insurers’ experiences

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Need not just to execute claims, but

also close

Statistics skewed by focus on large

accidents

Penalties sometimes given instead of ELD

Pollution noted by government, but not

as ELD

Increased data on ELD cases requires cooperation

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Insurers’ experiences

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Environmental risks not only about large pollution accidents

Future outlook

Small and frequent losses from road accidents (leak of contaminants into soil)Fuel tank spillsA more balanced portfolio (small and large risks) likely to result in more accurate risk dataNeed to factor in the risks of SMEs

Increasing experience for operators, insurers, brokersNo “official” data, but stricter safety standards are leading to increased awareness about potential ELD claimsSharing of information at national and EU levels leads to more understanding

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Conclusions

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Increase the risk dataContinue cooperation at state ministry and EU levelNational databases on ELD dataCooperation between insurance associations and governments

Consider the legislative frameworkA voluntary financial security system at EU level enables Member States to assess their environmental situations in terms of:

risk awareness/risk perceptioncover available (eg advanced markets v. still-growing markets)government experience with carrying out ELD claimsinsurance needs of their industries

Caution against proposals that can impact insurance developmentEU-wide industrial fund

May distort competition for valuable insurance products, as companies must factor in the expense of contributing to the fundInsurance provides expertise that are not matched by state-run mechanismsAdministrative hurdles faced by insurers (eg execution of ELD claims, determination of damage) will similarly be faced by a fund

A free and competitive insurance market system can best suit individual risk needs

Page 16: Update on recent insurance for ELD developmentsec.europa.eu/environment/legal/liability/pdf/eld... · Non-life Insurance Department Insurance Europe. Overview of presentation Agenda

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