The private market does not have the capacity to provide reinsurance for terrorism risk to the extent currently provided by the Terrorism Risk Insurance Act, according to a special presidential report issued today.
The report by the President's Working Group on Financial Markets backs up the industry position that enactment of TRIA has been responsible for creating a growing market for terrorism risk insurance that will likely dry up in the event the program is not renewed.
Initial reaction of insurers said exactly that. "The report by the President's Working Group again makes clear that the risk sharing partnership created under the Terrorism Risk Insurance Act is vital for the existence of a private marketplace for terrorism insurance coverage," says Jimi Grande, senior vice president of federal and political affairs for the National Association of Mutual Insurance Companies.
Grande says that, as the PWG report notes, "The impact of a potential failure to reauthorize the program has already begun to be felt, and we urge Congress to act swiftly to keep the program, and the marketplace for terrorism coverage in place for the long-term."
The report says prices for coverage have declined since TRIA was enacted, and take-up rates have improved and are roughly stable at 60% of the aggregate insurance market. This compares, the report says, to 27% in 2003, the first full year TRIA was in effect.
The report specifically says, "In the absence of TRIA, terrorism risk insurance likely would be less available." It adds, "Coverage that would be available likely would be more costly and/or limited in scope."
The report says insurers have "exhibited reluctance" to offer coverage for terrorism risk if the associated losses cannot be predicted and may be unlimited. It says the current law limits an insurer's exposure by sharing the risk of insured losses that could exceed the insurer deductible and capping the aggregate liability of insurers and the federal government at $100 billion.
Workers' comp insurance "often receives special attention in discussion of terrorism risk insurance" because, by state law, the coverage cannot exclude losses resulting from acts of terrorism, including Nuclear, Biological, Chemical and Radiation (NCBR), according to the report. It notes a January Marsh report stating that, in light of the pending expiration of TRIA, insurers have begun endorsing workers' compensation renewals to advise policyholders that the premium may change Dec. 31, "and that some insurers are setting policy expirations at that date."
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