Automobile Insurance Rate Board Annual Review for 2015



Similar documents
Submission to the Alberta Automobile Insurance Rate Board Annual Review of Automobile Insurance Premiums for Basic Coverage.

Response to the Auto Insurance Working Group s Report

Automobile Insurance Third Party Liability Bodily Injury Closed Claim Study in Ontario

How To Calculate The Annual Rate Of Return On A Car In Alberta

Auto Insurance in Ontario, Alberta, Nova Scotia, and Newfoundland & Labrador

McLennan Ross LLP January 2012

SUBMISSION TO THE ALBERTA AUTOMOBILE INSURANCE RATE BOARD PUBLIC HEARING AUGUST 2014

UNIFUND ASSURANCE COMPANY Submission to the PUB Automobile Insurance Review Hearings

ANNUAL INDUSTRY-WIDE ADJUSTMENT OF RATES FOR BASIC COVERAGE EFFECTIVE NOVEMBER 1, 2013 SECTION 4 OF THE AUTOMOBILE INSURANCE PREMIUMS REGULATION

GEOGRAPHICAL DIFFERENTIAL ADJUSTMENT TO THE GRID BASE PREMIUM RATES FOR BASIC COVERAGE EFFECTIVE JANUARY 1, 2015

PCI SPECIAL REPORT Oct. 27, 2011

THE MAJOR IMPACT OF THE NEW MINOR INJURIES CATEGORY

Concerning the Cap on Pain and Suffering Awards for Minor Injuries

AUTO INSURANCE REFORM MORE CHANGES ON THE HORIZON

Chapter Two Liability Coverage

Private Passenger Automobile Tort Reform Rate Reductions: Fact versus Fiction

THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER

Exhibit 3 INSURANCE SETTLEMENT FUND PLAN OF ALLOCATION

EXHIBIT A-2 NET SETTLEMENT FUND PLAN OF ALLOCATION. valid, timely Proof of Claim and Release Forms ( Authorized Claimants ) under the Plan of

State of Connecticut Insurance Department

SMALL BUSINESS OWNERS and THE CANADIAN LEGAL SYSTEM

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Potential product reforms, such as raising the limit in the MIRon compensation for general damages.

STRUCTURES 101. History 101

TERRENCE and Marie Domin, Plaintiffs, v. SHELBY INSURANCE COMPANY, a foreign corporation, Defendant.

GOVERNMENT OF NEWFOUNDLAND AND LABRADOR. Bulletin TO ALL INSURANCE COMPANIES LICENSED FOR AUTOMOBILE INSURANCE

PRO-FORM INSURANCE SERVICES LAWYERS EXCESS PROFESSIONAL LIABILITY INSURANCE NEW BUSINESS APPLICATION FORM

Our Personal Injury Guidebook

Case Name: Nery v. Nery. Between Gavina Nery, Plaintiff, and Felipe Nery, Defendant. [2012] A.J. No ABQB C.P.C.

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE

PUBLIC UTILITIES BOARD AUTOMOBILE INSURANCE REVIEW BACKGROUNDER

Your Auto Insurance Policy ONTARIO. is Changing

State of Connecticut Insurance Department

State of Connecticut Insurance Department

State of Connecticut Insurance Department

LAW FIRMS ERRORS & OMISSIONS APPLICATION

The Florida Senate POTENTIAL IMPACT OF MANDATING BODILY INJURY LIABILITY INSURANCE FOR MOTOR VEHICLES. Interim Project Summary November 1998

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW

QUESTIONS AND ANSWERS ABOUT ILLINOIS AUTOMOBILE INSURANCE AND ACCIDENTS

Our Personal Injury Guidebook

CBA Personal Injury Subsection: Summer Wind Up Meeting

ALBERTA INSURANCE REFORM LEGISLATION

Professional Practice 544

AUTOMOBILE INSURANCE: BEYOND THE NEW BRUNSWICK BORDER

(Filed 19 December 2000) 1. Insurance--automobile--parent s claim for minor s medical expenses--derivative of child s claim

Common Myths Associated With Georgia Workers Compensation Claims Ty Wilson Special Report

Civil Litigation Reforms & AIG

(404)

GLOSSARY OF ACTUARIAL AND RATEMAKING TERMINOLOGY

LAW FIRMS ERRORS & OMISSIONS APPLICATION

Document hosted at

TENDERING CLAIMS UNDER YOUR CGL INSURANCE POLICY By Nick M. Campbell, Esq. GREEN & CAMPBELL, LLP. A. History of Commercial Liability Policies

Liability Risk Management for Practicing Medical Physicists. David W. Jordan, Ph.D.!

FIAR Motor Insurance Conference Brasov Romania - 20 May UK Motor Claims

Glossary of Insurance Terms

Atlantic Provinces 71 COMMUNITIES

16 Steps to Getting a Fair Settlement for Your Injuries

Absolute Liability- Liability regardless of fault.

B Response: Page 1 of 1

The Advocates Society PROMOTING EXCELLENCE IN ADVOCACY

12 Common Auto Accident Myths: Protecting your rights and wallet after being injured in an auto accident.

Introduction. What is Personal Injury?

Choosing the Right Attorney for Your Case

CHAPTER 246 HOUSE BILL 2603 AN ACT

Changing Tort Reform In Kentucky Christel Siglock. By changing its current No-Fault and Tort law options, Kentucky could; 1) Reduce the

IN THE SUPERIOR COURT OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

ANNUAL REPORT BOARD OF COMMISSIONERS OF PUBLIC UTILITIES ON THE OPERATIONS CARRIED OUT UNDER THE AUTOMOBILE INSURANCE ACT

Maryland Insurance Administration Findings and Decision Relating to Mold Limitations for Property and Casualty Insurance

PERSONAL INJURIES PROCEEDINGS BILL 2002

TRIAL IS DEFINED AS, A FAILURE TO SETTLE. The Mediator s Perspective

What is an insurance policy? Financial Risk: Insurance Questions and Answers. What is insurable interest? What is insurable interest?

U.S. Casualty Practice U.S. Construction Practice. November NY Labor Law 240

PERSONAL INJURIES. If needed, we may be able to tell you of professionals in your area whom you can consider.

Complaint - Walmart Substance on Floor in Frozen Food Dept.

How to make a personal injury claim

A T T O R N E Y AT LAW

LAWYERS PROFESSIONAL LIABILITY INSURANCE

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

The UK s Whiplash Epidemic

Personal Injury Compensation Guide. Winston Solicitors LLP

State National Insurance Company Torus Specialty Insurance Company

OREGON LAW AT-A-GLANCE

Insurance And Your Non-Profit Organization

The Effect of Product Safety Regulatory Compliance

1.3 Analyse the roles of the key participants in a PI case

Texas Private Passenger Automobile Insurance Profitability, 1990 to A Report by the Center for Economic Justice. April 1999

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION PLAINTIFF S FIRST SET OF INTERROGATORIES TO DEFENDANT, XXXXX XXXXX XXXX.

INSURANCE INDUSTRY PROFESSIONAL LIABILITY COVERAGE UNIT THIS IS A CLAIMS MADE POLICY. PLEASE READ CAREFULLY.

Your Guide to Recovery

MOTOR VEHICLE COLLISION SUMMARY ADVICE FORM

DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE. Act quickly after an accident and call us now on

California Jury Awards Family of Brain-damaged Boy $12.1Million

No-Fault Automobile Insurance

MAKING A PERSONAL INJURIES CLAIM*

ALABAMA COURT OF CIVIL APPEALS

IN THE SUPREME COURT OF BRITISH COLUMBIA

Models of Closure in Mass Torts: A Comment on The Mass Tort Bankruptcy: A Pre-History

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

Closed Automobile Insurance Third Party Liability Claim Study in Ontario

Transcription:

Automobile Insurance Rate Board Annual Review for 2015 Presentation by Aviva Canada Inc. Sharon Ludlow, President, Aviva Insurance Company of Canada Karin Ots, Senior Vice-President, Regulatory &Government Relations Kristin Gill, Vice-President, Personal Lines Pricing &Product Development, Underwriting Date: August 18, 2015

Outline 1. About Aviva 2. Loss Trends 3. Causes of BI Severity Increase a) Minor injury Claims b) Legal Representation c) Psychological Injuries d) Sparrowhawk and TMJ e) McLean v. Parmer Decision 4. Treatment of ULAE 5. Conclusion 2

About Aviva Second largest P &C insurer in Canada. Sixth largest insurer in the world. Three million policyholders a across Canada. In Alberta 2014 Insured over 200,000 automobiles. Worked with over 200 brokers. Handled close to 17,000 automobile claims. Employ 225 staff. Alberta Auto Insurance is Important to Aviva 3

Loss Trends Aviva is concerned about Alberta auto results Over the past 3 years, we ve seen material deterioration with COR above 100% driven by Bodily Injury (BI) claim costs. There is significant uncertainty underlying the BI ultimate losses used to derive selected trends. Interesecting calendar & accident year impacts highlight that change and uncertainty exist. BI claims take a long time to settle and increase uncertainty. BI results impacted by: 2008-2009 challenge to the Minor Injury Cap; 2010 Aviva change in case reserving practices; 2012 Sparrowhawk v Zapoltinsky decision; and 2015 McLean v. Parmer decision. 4

Oliver Wyman s Report Preliminary Review of Industry Experience as of Dec 31, 2014 Loss trends in this report are reasonable based on the industry data available at that point in time. It is possible that the selected trend underestimates the impact of the uncertainty associated with Bodily Injury (BI) claims e.g. 2015 McLean decision. The Trends May Not be Appropriate for All Companies due to Different Mixes of Business 5

Causes of BI Severity Increase BI Severity Minor Injury Erosion Legal Representation Psychological Injuries TMJ (Sparrowhawk) Chronic Pain (McLean) 6

(A) Minor Injury Claim The Minor Injury (MI) definition continues to be eroded by court decisions. This has lead to a decline in claims settled within MI cap. Statistics 2005-2007 Aviva resolved 83% of claims as MI. Today, Aviva resolves 79% of claims as MI. Average severity for: MI claims = $4,600 ($2,800 if we include claims without payment) vs. Non-MI claims = $90,000 1% reduction in MI settlements represents approx. $650K in additional claims cost. 4% erosion in recent years is driving at least $2.6M in additional claims costs annually. 7

(B) Legal Representation Dramatic increase in representation by plaintiff counsel. 2005-2008: 4-19% of BI claimants 2009: 33 % of BI claimants 2010: 41% of BI claimants Levelled now at 27% Coincided by lawyer advertising sparked by recent trial decisions. Average severity is 2-3 times higher on claims with legal representation. 8

(C) Psychological Injuries Aviva has seen an increase in the frequency of claims of psychological sequelae arising from soft tissue injuries. Psychological sequelae = #1 reason why claims are removed from MI. Psychological claims are removed from Minor Injury, even if the impact of psychological harm is minor. 2014 Aviva Claims Study Prior to 2012, psychological sequelae present in 13% of closed claims. After 2012: psychological sequelae increased to 23% of claims. 9

(D) Sparrowhawk and TMJ Increase in TMJ claims started with the release of the Sparrowhawk decision in 2012. Aviva now sees 50% of claims with allegations of TMJ injury. Statistics Increase from 5% to 7.5% of TMJ claims. Adding approx $1.2M/year in claims costs. Only 2.5% increase in the claims we compensate the plaintiff for TMJ. 10

(E) McLean v. Parmer Decision McLean v Parmer decision released on Feb 23, 2015 Plaintiff lawyers argue: any plaintiff who has suffered from soft tissue injury symptoms for 6 months or more may be considered to have chronic pain and the claim must therefore be removed from MI. Aviva s position: Plaintiff s bar interpretation of McLean is incorrect in the law. This decision will drive up on costs to defend and creates more uncertainty. 11

Highlight Points on Bodily Injury (BI) Severity BI Severity is driven by a number of factors legal representation has a multiplier effect. Aviva aggressively defends BI cases, and continues to invest in their inhouse legal department in Alberta. Government action is required to fix Minor Injury definition it should include TMJ, minor psychological sequelae and other sequelae. Without Government Action, BI Costs will Continue to Rise and so will Premiums. 12

Treatment of Unallocated Loss Adjustment Expense (ULAE) It is reasonable for the provision of ULAE to be included in the data underlying the trend analysis. This will help to avoid any bias that may be caused by individual insurers changing the categorization of claim costs from ALAE to ULAE or vice versa. 13

Conclusion BI costs are increasing. There is considerable uncertainty in the BI line. Oliver Wyman may be underestimating the extent of the uncertainty in light of the McLean decision. Government action is needed to amend the Minor Injury definition. In the absence of a fix, BI claim costs will continue to erode. It is also reasonable for ULAE to be included in the data underlying the trend analysis. Aviva is committed to working collaboratively with the AIRB, Alberta regulator and Government to ensure that auto insurance remains affordable and accessible for our customers. 14

Thank you