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Australia policyholder insurance highlights 2021
25 January 2022 |
Australia
Guides
– By
Mark Darwin, Guy Narburgh, Anne Hoffmann and Travis Gooding
Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments.
This unique publication focuses on business implications and learnings for insurance policyholders, including:
- COVID-19 has meant insurance has been front page news and top of mind for corporate Australia: interruption to Australian (and global) businesses as a result of COVID-19 has been widespread. Because COVID-19 is not a typical ‘physical damage’ trigger for business interruption policies, there has been a significant focus on the response of various ‘non-damage’ extensions for disease, prevention of access and actions by authorities as policyholders search for insurance to cover the financial impact of the pandemic.
- Continuing pressure on the Directors’ & Officers’ insurance market: policyholders have continued to experience a hardening of the D&O insurance market, which has primarily been driven by historical and ongoing class action and regulator activity, as well as the inadequacy of past premiums to meet those liabilities.
- Delays and disputes continue to affect major insurance claims: with pressure from COVID-19 and catastrophe losses and lower investment returns in a low interest environment, insurers’ profit margins come under increased pressure. Consistent with the trends we have observed in recent years, coverage disputes for major claims are on the rise.
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Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2022