Deflating “social inflation’s” effect on insurance costs

An article in The Wall Street Journal highlighted another indicator of the growing repercussions of a phenomenon known as social inflation. This costly trend is impacting liability cases nationwide, adding yet another variable affecting insurance coverage. This primer explains the nature of social inflation and offers guidance on how to help mitigate its impact. What is social inflation? Social inflation refers to the rising payouts in liability cases caused by the shifting social and cultural attitudes about who is responsible for absorbing risk. Fueling those attitudes are economic disparity, the influence of social media, and legal marketing. Today’s juries are finding it easier to hold both people and companies with means accountable, and at a much higher cost. In fact, the term “nuclear” verdict is any jury award of at least $10 million. One reason for the increased stress on the insurance industry is that the number of “mega nuclear verdicts” of $100 million leveled against corporations is at a record high, according to the U.S. Chamber of Commerce. Inevitably, this landscape also filters down to individual coverage. What puts you at risk? Unfortunately, a host of seemingly innocuous activities can increase the chances of being sued, including posting online, driving, hosting social events, and serving on boards. Even seemingly minor incidents can lead to lawsuits. For example, someone was sued after tripping on an escalator and falling on the person in front of them. Parents are particularly vulnerable, as their children's actions can also lead to legal exposure. How are insurance carriers responding? Carriers are concerned about whether current premiums will cover the rising payouts. In addition, this concern is affecting not only the cost of coverage, but also the criteria used to determine who is insurable. Their risk calculations allow for little wiggle room, as the price of even multi-million-dollar liability policies is relatively small. What do you need to do? There is no way to completely eliminate the risk of liability lawsuits, so it’s critical that you have the proper liability coverages, at sufficient amounts, in place. You should consider: Excess Liability: This is one of the most critical aspects of your insurance program. The required coverage amounts vary depending on individual factors such as your net worth and visibility. Generally, $10 million of coverage is recommended for most high-net-worth individuals, although we have secured upwards of $50 and $100 million pending on lifestyle. Uninsured and Underinsured Motorists (UM/UIM) coverage: This protects you and your assets in the event of an accident caused by a driver with inadequate or no insurance. The number of uninsured drivers is on the rise, making this coverage increasingly important. Employment Practices Liability (EPL): This protects against claims made by domestic workers. Relatedly, we recommend background checks on anyone seeking to work in your home. Directors and Officers insurance: Anyone sitting on a nonprofit board should ask their insurance professional to review the organization’s coverage to confirm that sufficient limits are in place. If they are not, we will help you secure the proper protection. Events: Before hosting large gatherings, consider a specific event policy to provide additional liability protection. What can you do to better mitigate social inflation’s impact? Be vigilant to any aspect of your lifestyle that has the potential to increase liability risk. Your online presence is particularly important, as what you post can lead to lawsuits and may be monitored by carriers when assessing coverage eligibility. Activism also carries risks, with carriers adding exclusions for those extolling political beliefs on public platforms. Consider hiring a reputation professional to review your public persona.Additionally, if you have teenagers, never allow alcohol or drugs to be served at your home as you can be held responsible for the actions of minors. A thoughtful conversation about your risk profile can go a long way toward preventing a nuclear verdict from undermining your financial security and legacy. If you have concerns, be sure to reach out to your insurance professional. ...

What you need to know about wind coverage

These days, the proverbial “winds of change” have transformed into literal threats, causing significant and escalating wind-related damage. This damage is no longer confined to traditionally affected areas. To mitigate exposure, insurance carriers are now reducing coverage, which could impact your insurance program, regardless of your property’s location. Here are four key points to understand about wind coverage— and what actions you should take in the face of these shifting currents. 1. Wind damage escalates quickly. Severe winds can turn everyday objects, like lawn furniture or garbage cans, into dangerous projectiles capable of breaking windows. Once the integrity of your home is compromised, it can create a vacuum effect that sucks in debris and water, leading to extensive structural damage. Similarly, tiles torn from the roof by wind can open a hole, allowing rain to pour in and cause significant water damage. 2. High-wind events are impacting more regions. Climate change is leading to more frequent and severe wind events, even in areas that were previously unaffected. While Southern coastal areas like Florida, the Carolinas, and Texas are still most at risk, regions further north and inland have also been impacted. Hurricanes are becoming stronger, with more Category 4 and 5 storms. The Midwest, meanwhile, is also undergoing greater wind damage from intense convective storms and tornadoes. In all cases, weather models predict these trends will continue. 3. There are effective strategies to help windproof your property. Making your property as windproof as possible is crucial to minimize the likelihood of loss and maximize insurability. Even properties in high-risk areas can be better protected against Category 5 winds with the right measures. Many high-risk areas, like parts of Florida, have strict building codes that offer guidelines for wind proofing. Key protective measures include: Securing roofs: Regularly inspect roofs and address repairs promptly. Ensure roofers follow guidelines for nail-spacing and materials designed for high-wind resistance, and that construction conforms to the latest codes. Strengthening windows: Install high-wind-resistant windows or hurricane shutters. Clearing exteriors: Trim trees and branches near structures and regularly remove debris throughout your property. Before a storm, bring in outdoor items like lawn furniture, garbage cans, and anything else that could be tossed around. 4. Collaborate for the best coverage. Much like wildfire insurance in California, carriers are becoming increasingly cautious about covering wind-related damage. This trend, which began with the destruction caused by Hurricane Andrew in 1992, has led to more restrictive coverage each year. Wind coverage is generally a component of homeowner’s insurance, but some states, such as Florida, carriers can separate it, offering it with higher deductibles or excluding it altogether. Securing wind coverage can be both challenging and costly. Working closely with your broker is essential to determine the best strategies for covering both existing and potentially new properties. Our team has deep expertise in this market, which makes us best positioned to secure coverage for you, either through discrete policies or creative outlets like non-admitted insurance companies. Likewise, we are prepared to fight for your claims in situations, both clear-cut and otherwise. In today’s climate, understanding the specifics of your insurance policies is more crucial than ever. Many clients are opting for higher deductibles, hurricane deductibles, and certain limitations or exclusions to lower their premiums, which can leave them more vulnerable after a storm. If you have any questions about wind protection or your coverage, please reach out at your earliest convenience.  ...

Protecting your trending collectibles

A new generation has embraced the joy of collecting, leading to a surge in inquiries about how to best protect a diverse range of fine and rare items. While watches continue to be an important signifier for younger clients, there is a growing interest in collecting sneakers, spirits, and trading cards. Here, we offer our insights into the purchase, care, and insurance of these trending collectibles.  Luxury watches Watches are particularly vulnerable to loss: Due to their wearable and visible nature, watches are an easy target for theft and susceptible to catching onto something and falling off unnoticed. To mitigate these risks, ensure the latch is secure and the watch doesn’t hang too loosely. A loss is particularly easy to recoup: If a lost watch is covered by a valuable article policy, it can be claimed as a mysterious disappearance and its value will be typically reimbursed without much hassle. This same policy also covers stolen items. However, you will not be compensated for a counterfeit watch, so ensure the authenticity of any watch that was not purchased directly from the watchmaker. There are various coverage options available: As with jewelry, you can opt for blanket coverage or schedule each piece individually. Blanket coverage limits payouts, while scheduling ensures each item is insured for its full value. Whichever option you choose, it’s important to maintain detailed, up-to-date written descriptions or photos of your collection, and store these records in a home safe, ideally bolted to the foundation and connected to an alarm. Spirits Beware of counterfeits in the luxury spirits’ market: The luxury spirits market is increasingly plagued by counterfeit products, which can deceive even discerning buyers. To protect yourself from purchasing a fraudulent bottle, always conduct thorough research. Understand the proper care and storage of your spirits: Spirits are more resilient than wine as they will not spoil as easily. However, it is still important to store your bottles in a climate-controlled environment and away from sunlight. Spirits should be kept upright to prevent high-proof alcohol from degrading the cork. Spirit policies differ from standard wine policies: Spirits are not typically covered by standard wine policies. Ask your broker about a premium “all-risk” valuable articles policy to properly protect your collection. Rare sneakers The best protection is prevention: Due to the limited availability of many styles, even adequate coverage cannot guarantee a direct replacement for damaged pairs. We suggest storing every pair of sneakers and their original boxes, in spacious plastic or acid-free containers within a climate-controlled, shaded environment. Understanding the distinction between wearing and displaying: Sneakers lose their eligibility for insurance coverage once they are worn. It's advisable to display them, rather than wearing them, to help preserve their worth and protect from damage. Keep track of their value and inventory: Current carrier policies for sneakers are evolving, typically requiring detailed listings of each pair and its current appraised value. Given the market’s volatility, owners must regularly update these valuations. We recommend documenting your collection with photos or videos for added security. Trading cards Handling trading cards with care: The condition of a card greatly affects its price, and body oils or pressure from your fingers can smudge or otherwise cause damage, particularly to the edges. Keep them in protective sleeves and store cards in binders or card storage boxes in a climate-controlled shaded environment. Know the value of your trading cards: To fully appreciate and manage your trading card collection, it's essential to organize and catalog each item meticulously. By doing so, you gain a comprehensive understanding of what you possess and can accurately assess the value of your collection. Consult your broker for coverage: Card policies, like those for sneakers, are constantly evolving, so it’s crucial to stay informed. Regularly consult with your broker to discuss the specifics of your collection and ensure it is adequately covered. Collecting is a timeless pleasure, and ensuring each piece remains a source of joy is essential. To ensure your collection will be treasured for years to come, be sure you work with a professional with deep expertise in this luxury market. While this brief overview touches on some key points, we are always happy to discuss any specific questions surrounding your collectibles.   ...

Protecting yourself from common liability risks

An unwelcome consequence of prosperity is that high-net-worth individuals become more vulnerable to the threat of personal liability suits, whether legitimate or not – especially in today’s litigious world. Each year brings a new peak in both the number of cases and the total amount paid out through a settlement or judgment. Here are today’s most common liability risks and our advice on how to safeguard against them. 1. Risk: Visibility A magazine feature about your home, social media posts, board service or a garage full of luxury cars — all can attract unwanted attention, even if you aren’t a celebrity. What you can do Limit social media posts highlighting your jewelry, luxury vacations, home furnishings, or other obvious signifiers of a high-end lifestyle. Before speaking in public, consider having your remarks reviewed by a professional to ensure that nothing you say could be construed as slanderous. 2. Risk: Minors and Young Adults As long as minors and young adults permanently reside at your address, you are responsible for their actions. The threat they pose to your liability increases as they get older, such as when they obtain their driver’s license or go to college, where incidents like hazing may occur. Additionally, their social media activity can lead to issues like cyberbullying or unwanted attention to your family’s lifestyle. What you can do As a rule, children are often unaware of liability issues, so it’s crucial to keep them fully informed, especially teenagers who are more likely to engage in risky behavior. Consider enrolling them in a defensive driving course and educating them on the significance of safe driving habits. As much as you can, limit or monitor their social media usage, and never allow alcohol or drugs at gatherings you host. 3. Risk: Entertaining Inviting a large group into your home can be a wonderful experience, but it also comes with elevated liability exposure. Serving alcohol can have serious repercussions should a guest be hurt in a drinking-and-driving or pool accident. What you can do If the pool will be open to guests, it is wise to hire a lifeguard, especially if children are present. Ensure that any outside vendors you hire are covered by their own workers’ compensation and general liability policies. Additionally, consult your broker about situation-specific liability protection. If you frequently host parties, confer with your wealth manager and attorney about transferring your property to a trust or LLC to create legal separation in the event of a lawsuit. 4. Risk: Renovations and repairs Any work being conducted on your property, whether it’s daily maintenance or new construction, exposes you to liability in the event of a worker being injured on the job. What you can do When hiring contractors, prioritize those with solid reputations. Limit the number of subcontractors involved and make sure everyone provides proof of workers’ compensation and general liability insurance. 5. Risk: Driving The potential trouble caused by automobile accidents has increased over the last several years. Texting, talking on the phone or looking at a vehicle’s screen is just as perilous as driving under the influence. What you can do Recognize the seriousness of taking eyes off the road, whether you’re getting directions or regulating the air conditioning. Use technological assists, such as Do Not Disturb, to help avoid the temptation of texting. And, of course, never drive while impaired. Proper Coverage Accidents happen, and with successful individuals increasingly becoming targets of costly lawsuits, it’s important to not only have personal liability insurance but the correct amount. Personal liability insurance is commonly included in policies like homeowners, automobile, and watercraft. It shields you from losses resulting from negligent acts that cause injury, property damage, or reputational harm, except in the event of criminality or malicious intent. However, the amount of coverage provided by these is often limited, therefore, we often recommend purchasing personal excess liability coverage which provides an additional layer of protection. Determining the proper amount of coverage requires a thoughtful conversation with your broker but you can start by taking our Liability Assessment Tool, which helps suggest a range of liability based on your lifestyle. The unfortunate truth is that personal liability risk is everywhere, and while it cannot be entirely prevented, paying extra attention to the scenarios that result in most claims will prove to be beneficial. ...

Four key strategies for the changing reality of natural disasters

2023 was a historic year with over 28 separate weather and climate disasters causing at least $1 billion in damages. The events ranged from winter freezes to wildfires, droughts to floods, tornadoes to tropical cyclones, and heat waves to hailstorms. Although current trends continue to produce significant weather events, it is surprising that a fair number of them occurred in areas that were not previously vulnerable. Take for example, the 4.8 earthquake in New Jersey. While it didn’t cause significant damage, it had been nearly 20 years since the state experienced such magnitude – a reminder that natural disasters no longer follow regional patterns. The reality is that every region is at risk. Climate change and shifting weather patterns have brought significant weather events to areas they never threatened before: Tornadoes in the east: Systems once centered in the plains are now migrating to states as far away as Wisconsin and Georgia. Winter storms in Texas: Deep freezes, the worst lasting weeks, are now near-annual occurrences. Wildfires in high-rainfall states: Look at Hawaii’s unprecedented event in 2023. Flooding in the southwest: Most recently, normally arid areas of Arizona were deluged after record snowfalls in the Rockies resulted in unmanageable runoff. Wind has become a critical factor in the majority of natural disasters s unrivaled speeds and changing patterns turn small fires into uncontainable events and broaden the strength as well as the reach of hurricanes. Since all signs suggest this pattern will continue, we believe that the best path forward is for all clients, wherever they live, to be proactive in their natural disaster risk management planning. More so for types of damage, they might not historically think to expect. Here are four key trends we’ve identified as crucial for today’s natural disaster risk management: 1. Have a maintenance plan. If your local area has not been impacted by weather-related events in some time, it’s easy to let related maintenance fall by the wayside. However, as damage-causing events are more common than ever, it’s important to stay vigilant. This includes: Safeguarding the exterior: Once the barrier to your house is broken, damage can increase exponentially. So, keep trees trimmed, clear brush and clean gutters, inspect the roof, siding, windows, and repair as well as caulk as needed. Inspecting the interior: Maintain furnaces and replace filters, replace rusted parts in water heaters, and install automatic shut-off devices on water lines. 2. Backup power is now essential. Prepare for a potential loss of electricity with a diesel or propane generator. (Solar panels are not necessarily the best solution, because they can be ripped off and rendered useless by wind and convective storms.) Utilities now shut off power preemptively, especially when winds are strong, to decrease wildfire risk. At the same time, weather-event-induced outages last longer and reach further. Without power, your property quickly becomes even more susceptible to damage and loss: alarms don’t function, mold sprouts, and water lines freeze. 3. Establish an evacuation plan. In emergent situations, the people who have already mapped out and practiced evacuation routes are often the safest. So, the best time to create those plans is right now before any threat is imminent. When developing this plan, be sure to document all the details and share this with your property managers and caretakers to ensure everyone is well-practiced and informed: Artwork: Get custom crates crafted to hold your most important pieces and purchase fireproof blankets for outdoor sculptures. Create a fireproof bunker to store the pieces if that’s feasible. If not, arrange for a location to store your collections so they are well protected. Cars: Construct a weather- and fire-proofed garage, or secure a safe place off the property, preferably an inland location. 4. Create an inventory list. In the event of a loss, you will be asked to present an accurate inventory with any claim you make. You can hire a professional for the task or do it yourself; be sure to include photos as important pieces of visual documentation. At the very least, make a video as you go from room to room, capturing all your valuable pieces. Ensuring the security of your inventory is crucial. Storing in a hardware wallet, akin to a flash drive, provides robust protection, even in the face of natural disasters.  Given the impact of significant weather events felt across the country, taking a proactive role in your property’s risk mitigation not only minimizes the possibility of significant loss but helps make your property more insurable. With limited coverage options and carriers evaluating potential customers so closely, a well-maintained home with a detailed risk management plan could be a deciding factor. If you have any questions about preparing your home for natural disasters or other risk mitigation concerns, don’t hesitate to reach out. ...

How we collaborate with your advisors to improve risk management

A commitment to collaboration is a hallmark of our approach. Decades of experience have shown us that we are best able to protect our clients when we work hand in hand with their trusted teams: from wealth managers to CPAs, attorneys to family offices, collections experts, and more. Never, though, has such a holistic approach been more necessary with the insurance landscape being what it is today. As with everything in our practice, the exact manner in which we collaborate is largely bespoke, dependent upon the needs and desires of both the client and the members of their trusted team. However, this overview offers insight into what you can expect or request in terms of our collaborative approach so that risk management is appropriately woven through your ecosystem of advisors. Wealth, financial advisors, and CPAs Wealth and financial advisors often serve as the quarterback for our clients’ assets and portfolio. As such, they are the first to know when a client is purchasing a home or car or if there has been a significant liquidity event that shifts liability coverage needs. The savviest wealth managers have us on speed dial so that we can make their work — and their clients’ lives — easier, better, and more secure. For example, given the challenges of insuring homes in high-risk regions, these advisors will suggest that their clients alert us before making an offer on a property (something we also recommend) so that we can provide insight into coverage possibilities and potential premium costs. Of course, the relationship goes both ways — if a client expresses interest in self-insuring a portion of their portfolio, we suggest bringing their wealth manager into the discussion to ensure that they could weather a potential loss. The more connected we are, the less likely something will be overlooked. For that reason, many wealth managers introduce us to new clients after their initial meeting or add risk management to the agenda at one of the quarterly meetings with clients. Attorneys When you combine an attorney’s training and knowledge of legal issues and an insurance broker’s understanding of risk management, you get powerful protection against even the most difficult risks. For this reason, we regularly collaborate with our clients’ attorneys, as well as other legal specialists, to ensure every “i” is dotted and every “t” is crossed. Take, for example, a client who is interested in jet ownership. The risk of liability is quite high, even if it is partial ownership. While we work to secure coverage, an attorney who specializes in aviation issues can confirm the client’s interests are properly represented in each of the raft of contracts that must be signed. Insulating a client from the potentially massive payouts going forward can be a challenge, so a trust and estate attorney can confer with us to ensure that the client and their plane are adequately covered. Another common scenario: while many families with funds sufficient enough to warrant estate planning can’t imagine the need for life insurance, we regularly counsel attorneys on how to use these policies to achieve maximum tax efficiency and provide the liquidity to cover estate taxes. A risk that is easy to solve but commonly overlooked comes when clients hold a property or LLC in a trust. This arrangement is an increasingly popular way to create separation between individuals and their assets — for privacy, tax, or other reasons — but a prudent attorney would want us to know immediately so that we can ensure there are no gaps in coverage or premium payments from a personal bank account as opposed to the trust or LLC. Family Offices We have decades of experience helping professionals in family offices tackle the risks related to a family’s business, investments, and philanthropic endeavors. The collaboration with family office executives on governance roles in the family’s trusts and estates to ensure proper indemnification through sufficient insurance is just one example. In fact, we are often requested to attend the annual family meeting to help assist them with conversations surrounding risk mitigation as well as education for the next generation. Fine Art Advisors It’s a truism that to collect art is to collect risk. With clients who are just beginning or inherit a large collection, we will work with their trusted art advisors to ensure every piece is properly protected. Working in tandem on appraisals, proper transportation, risks associated with lending or borrowing, and more. Given the impact of natural disasters, we also work with them on properly safeguarding art in your home including an evacuation plan for your most prized pieces. In an era of ever-shifting concerns, we’ve witnessed the power of comprehensive risk management when collaborating with your team of trusted advisors. As your lifestyle evolves, the need for coordination among all professionals is paramount.   ...