Thursday 7 April 2011

‘No win, no fee’ change could be big deal for travel

Agents and operators could face fewer personal injury claims as a result of legal reform proposed last week.
The changes to the “no win, no fee” systemproposed by appeal court judge Lord Justice Jackson could “change the landscape” of claims against travel companies, some lawyers believe.
Under the existing system, which has been criticised for encouraging speculative claims, losing claimants do not have to pay legal costs.
The reforms propose claimants should foot the legal bill themselves if they lose. The potential costs of claiming are also set to increase under plans to scrap insurance covering lost cases.
Defendants would largely have to pay their own legal costs, whether they win or lose, and will have to pay the claimant’s legal costs should the claimant win.
Abdulanesh Alaraqu director of Brit Claims said the reforms would discourage speculative cases.
“At the moment, there is an ethos of ‘we might as well have a go’, but if the costs to pay should people lose increase, they may not be so willing to take action,” he said.
“It means lawyers will only want to take on strong cases. This will change the legal landscape of claims against travel companies.”
Claimants who win will be eligible for compensation payments that are 10% higher than now.
However, travel firms could still pay less if they lose, because a cap would be introduced on what a claimant’s lawyer can claim as a success fee.
The reforms are due to start in 2012.

Tuesday 5 April 2011

Patrick Snowball: Dealing with the claims influx down under

Suncorp CEO Patrick Snowball speaks to Jonathan Swift about his recent experiences in Australia and New Zealand dealing with the large volumes of claims, and how the business managed.


Suncorp CEO Patrick Snowball admits he never saw anything like the volume of claims he has experienced in the last 12 months in Australia and New Zealand, during his two decades at Aviva.

In the UK he was involved with the 1991 windstorms and the 2000/01 floods. However, speaking exclusively to Post Online, he notes that although one recent downpour in Australia resulted in "flooding equivalent to the size of the whole of France and half of Germany," it only cost A$130m (£83.4m), just under a third of the 18 minute hailstorm in March last year, which brought about insured damage worth A$350m.

Huge weather extremes
"That cost was huge. We would usually get 65 000 claims a month that time of year, but that March we got an additional 67 000 claims, because we also had Perth floods. But you do get these huge extremes linked to micro weather patterns," he adds.
Reflecting on the more recent incidents of flooding at the tail end of 2010, and the response of the Australian Stock Exchange to his two and a half year year tenure, he continues: "The general consensus at the 2010/11 half year is that we are on track, or ahead of, the re-engineering plan we set out at the beginning.

"We always said it would take 18 months to turn the general insurance business around, two years for the bank and three years for the life group. And we are exactly on track with each of them.
"So we had a very good reception from the shareholders. Obviously everyone would have liked to see more of a dividend, but usually we would have expected A$230m of adverse weather, and we had A$182m on top of that."

Reinsurance programme full
Since the turn of the year, Mr Snowball's business has also seen the Brisbane floods, another earthquake in New Zealand, Cyclone Yasi and the floods in Melbourne.

"So we are indicating that our [reinsurance] cat programme is absolutely full. We do have aggregate cover, which acts as a shock absorber on the profit and loss account, and that has gone too. Last year we had $150m left at the end of the year," Mr Snowball comments.

"So it has been the most abnormal year. But it has also been amazing to see how well this business works under pressure. Because last year we had six insurance companies, six claims teams, and we would sprint all over the place. But in October - for instance - we unveiled a single assessor brand, combining all of our loss adjusting and vehicle assessment teams. So wherever we have been since then, we have been able to act as one company, with many brands."

Staggered by staff response
Mr Snowball admits that he is "staggered" by how people have coped during the recent hard times, but adds that the business has been able to gain some collateral out of the adverse weather because, for instance, in Queensland, it is the only company that gives flood cover. As a result of this - and the fact he claims Suncorp insures 41% of Australian households - it has been "front of mind for everybody".
Although Mr Snowball may have never seen so many costly incidents in such a short space of time while at Aviva, one thing he has been used to is insurance coming under the political microscope in the wake of major claims events in the UK.

"There is going to be a huge debate about whether earthquake cover is going to continue," he says. "The principle of insurance is like the isosceles triangle, so your breadth is cover is basically your depth of exposure. But the problem in New Zealand is that on the surface, there is an isosceles triangle, but what is emerging is that the breadth is too narrow for the depth.
"We have got some very significant losses, and reinsurers are more worried about this than they are about Japan, because my sense is that the exposure to that event is not so great."

Top three nat cat programme
Suncorp is set to renew its reinsurance programme on the 30 June, and Mr Snowball notes that the group has "one of the three largest cat programmes in the world", with 75 reinsurers on the panel, despite the fact - in percentage terms - Australia only represents one percent of the global insurance premium.

Returning to flooding, Mr Snowball notes in 2008 the Australian insurance market looked at introducing a single wording, but that it was turned down by consumer bodies as anti-competitive.
"Out of [the recent adverse weather] will come more attention to flood cover, and there will be more transparency with the wording, and there will be more insurers writing this business."

No government intervention needed
Mr Snowball mentions that 31% of the population have flood cover, and only a third of people had flood insurance in Brisbane. He adds that rival Insurance Australia Group, which offers this cover in New South Wales, may "step up to the plate" in more territories, adding: "What we are saying to the Australian government is it should not step in, because there is a commercial solution, and it is already carrying huge reserves going forward."

However, in the short term Mr Snowball has fears it may become a political football, commenting: "My only concern is that some politicians are being a little bit vocal in saying it does not matter if people have not got insurance, you should pay the claim anyway. And that is a serious thing, and the moral hazard is huge. But I think that has [after some initial noise this has] virtually gone."
Mr Snowball reflects: "The halo effect [of the recent events] on the Suncorp brand has been great. It has cost a lot of money and we have had to put up our rates, but it has had a halo effect."

Flat out for six months
He concludes household rates were put up 10% after last year's Melbourne floods, and he expects them to go up 10% again.
As for Mr Snowball and his staff, he notes that the business has been "flat out for six months", quipping: "We have travelled such a long way, so quickly and we just need a breather."

Monday 4 April 2011

Insurance Claims: UK insurance sector volumes and profitability incr...

Insurance Claims: UK insurance sector volumes and profitability incr...: "The UK financial services sector has seen growth for the third quarter in a row, according to a new report from the Confederation of Britis..."

Insurance Claims: Young Italian insurers’ association launches in Lo...

Insurance Claims: Young Italian insurers’ association launches in Lo...: "The Unione dei Giovani Assicuratori e Riassicuratori Italiani has officially launched in London to welcome members working in other countri..."

Insurance Claims: Towergate recruits Heath Lambert team in Aberdeen

Insurance Claims: Towergate recruits Heath Lambert team in Aberdeen: "Towergate Insurance Aberdeen has recruited Mark Webster and his team from Heath Lambert to lead the expansion of its operation.Mr Webster j..."

Sunday 3 April 2011

Reinsurance market performs as intended

Aon Benfield has released its latest Reinsurance Market Outlook report, which provides an overview of the trends witnessed at the 1st April reinsurance renewals.

The intermediary reveals that despite “a string of meaningful insurance events” and associated adjustments in pricing, the decline in US and European property catastrophe rates continues.

Few European programmes renew at 1st April but with regard to the US, the season saw property catastrophe rates for programmes including hurricane risks decrease by 5% to 10%.

Furthermore, the broker is predicting that the June and July renewals period will find price changes of flat to down 5%, for US hurricane-driven programmes.

The Japanese earthquake on 11th March did affect the renewals process, as many insurers opted to extend current programmes while losses were being assessed.

Where Japanese renewals took place, the costs of typhoon programmes increased by 5% to 10%, while most earthquake programmes increased within a range of 25% to 50%.

Aon Benfield Analytics chairman, Bryon Ehrhart, sums up: “The reinsurance market remains functional with its existing capital base, and we do not anticipate the need for material new capital flows into the reinsurance market to satisfy insurer demand for catastrophe reinsurance based upon the global events to date.”

He adds: “Throughout the recent, significant global events, reinsurance responded to the needs of global and regional insurers as intended, with material volatility shifted to reinsurers from the balance sheets and income statements of global and regional insurers.”

Also of note, reinsurance programmes covering New Zealand, where a second major earthquake struck Christchurch in February, do not renew at 1st April.

Last month, Aon Benfield formed a Market Analysis team within Aon Benfield Analytics in a move aimed at allowing Aon Benfield Research to focus entirely on academic and industry collaboration.

Lord Chancellor faces legal action over discount rate review

The Association of Personal Injury Lawyers (APIL) says it is taking legal action because the Lord Chancellor has failed to review the discount rate, despite announcing in November of last year that a review was taking place.

The discount rate is used to calculate the amount deducted from an injured person’s compensation to account for any income he or she may receive from investing their damages.

In 2001, the rate was set at 2.5%, based on yields generated by index-linked government stock (ILGS).
Since then, yields on ILGS have gradually declined and according to APIL, over the last three years the average gross yield has been less than 1%.

APIL has now issued proceedings for a judicial review, stating that the Lord Chancellor has failed to complete a review or provide a timetable for it.

The Association’s president, Muiris Lyons, says: “We are gravely disappointed that the Government has failed to carry out its review as injured people are continuing to be undercompensated, in some cases, by hundreds of thousands of pounds.”

He adds: “It has been nine months since we first brought this issue to the attention of the Lord Chancellor and we find it unacceptable that no meaningful progress has been made since then.”

Saturday 2 April 2011

car bomb attack claims police officer's life

A 25-year-old police officer has been killed by a booby-trap car bomb in Northern Ireland, police have confirmed.

The device exploded under the vehicle outside his home in Highfield Close, off the Gortin Road in Omagh, Co Tyrone, just before 4pm.

It is understood the 25-year-old was a new recruit to the Police Service of Northern Ireland and was a Catholic.

Politicians north and south of the border condemned the bomb attack on the residential housing estate.

Shadow Northern Ireland secretary Shaun Woodward said: "This evil and cowardly attack will sicken everyone across Northern Ireland. These crimes are targeted on those who protect the community.

"We all deeply mourn the brave young man whose life was taken by this savage crime. We all have a duty to stop those behind it from succeeding."

Sinn Fein president Gerry Adams said his party was determined that those responsible would not set back the progress of the peace and political process.

Tanaiste Eamon Gilmore, the Republic of Ireland's Foreign Affairs Minister and deputy leader, warned that those behind such violence have no mandate and are acting contrary to the democratic will of the people of Ireland, north and south.

The blast will send shivers through the people of Omagh, where 29 people, including a woman pregnant with twins, were killed when a Real IRA car bomb exploded in 1998.



Reaction to Jackson reforms (claims management reform)

Following the close of the consultation on February 14th, the Brit Claims was totally bewildered at Tuesday’s announcement bearing in mind the Ministry of Justice had received in excess of 600 responses to the Green Paper, plus statistical evidence. It seems most unlikely that each one of those responses could have been given the appropriate consideration they deserved, which, coupled with the Ministry’s lack of hard evidence from an impact study, could only lead the Brit Claims to deduce that the full implementation of the Jackson report was somewhat pre-determined.
The unintended consequences of this are all going to impact the deserving claimant and affect their access to justice. By extending the RTA portal into employer’s liability, public liability and low value clinical negligence claims, together with the raising of the fast track claims limits, means that 95% of claims will now be dealt with in this manner. How can the Ministry justify these wholesale changes to the system for 5% of the remaining claims? It is totally disproportionate.
Claims management companies and lawyers are being blamed for the rising cost of insurance premiums but as the Transport Committee identified it is the insurers who are the largest generators of referral fees (without the consent of their policy holders) and in reality if they hadn’t priced their premiums incorrectly over the last 5 years on the aggregator sites, trying to gain market share, then they wouldn’t have been left looking for someone else to blame.
There are too many unanswered questions and far more work needs to be done prior to any sort of implementation.
The show isn’t over UNTIL the Bill is signed by the Queen: so there is still EVERYTHING to play for in persuading MPs that Lord Jackson is wrong, Lord Young is wrong and the Government is wrong, and that they should think again how this legislation will affect Access to Justice for the ordinary man and woman.

WILL YOU STAND AND FIGHT FOR YOUR INDUSTRY?

The battle is now well and truly on.
I am sure you will by now know the outcome of the Government’s so called consultation on implementing Jackson.
Earlier this week, we circulated a short briefing on the main headlines and also a briefing on the next wave of consultation for “reform”.
The Government intends to abolish recoverability of success fees and ATE premiums.
This is bad news for personal injury claimants and those who represent them. The only winners are the insurance lobby.
It is obvious to all we are up against a foe who has no regard for access to justice, and will not allow the facts to get in the way of ideologically driven change for the benefit of the insurers.
This is your chance to understand how Jackson will affect you.
The show isn’t over until the Bill is signed by the Queen: so there is still everything to play for!
MPs, and leading industry figures will give you their insight into implementing Jackson; hear about the future of the sector from experts on Alternative Business Structures and the RTAPortal. Hear from the Access To Justice Action Group about the continued fight to change the legislation

Friday 1 April 2011

Claim Management, are the MOJ regulations toothless? At street level it appears to us that there are many people / companies providing claims management facilities who are not and have no intention of being regulated.



Every single time someone tries to influence change in anything in life you have three types of reaction. 

Those who oppose change blindly, usually without any real understanding of what the change represents because it is a knee jerk reaction to an anticipated pain in the pocket. Their normal words are announcement has been done but cannot be implemented.

Those who will say that it doesn't go far enough but they fail to comprehend that progress isn't made in leaps and bounds but in tiny steps. Their every steps is perceived in negative thought, juts make their heart believe all is well.

Seldom do any of these first two types ever have ideas of their own or even consider for a second being constructive because it is much less effort to heckle than to try and solve a problem. 

The third type is the silent majority (and I still have trust that they are a majority) will accept the change for what it is, simply a step forward on the evolutionary chain so that things can get from how they were... to how they should be. This category is mainly academically educated.

I don't believe that the regulations are toothless, they are simply a first step. There are problems - yes, but there are also people working very hard to iron out those problems. At times people are being imposters and disguising solicitors with use of authorised companies details, in the name of sister company or we are simply working under the umbrella.

Unfortunately ever since Brit Claims has been regulated (not much long ago) it has been victim of such fraud. However at present matters are under investigation, but this cowboy style mechanics and cab runners wants to advice legal matters to clients, despite having very very limited knowledge about it, in the hope of getting easy and quick money through injury claim. This very attitude undermines those who wants to really help clients, and give legal and fair advice. http://www.britclaims.co.uk