Post Magazine & Insurance Times 19 August 2010 Editions Prepared by Eleanor Mole Bid assistant, BLM London [email protected] Post Magazine News Brokers worry about client choice as RSA bids for Aviva Analysts pour scorn on viability of RSA's Aviva bid Fortis backing key to UK General's £1.6m Shearings deal Ace expands Midlands team Former Marsh VP joins claims firm as complex loss boss Former Chartis staff join Ace Axis expands accident & health team Feature articles RSA spotlight – Bob Mendelsohn: Whatever happened to Bob? Having promised RSA that he would make it his mission to track down its former CEO Bob Mendelsohn to mark the firm's 300th anniversary, Post Magazine’s job was made somewhat easier than anticipated when he resurfaced at US insurer Navigators last week. With RSA's big news, it was good timing. RSA spotlight – Andy Haste: Playing the long game pays off for Haste Following his interview with former RSA CEO Bob Mendelsohn and the news that RSA has approached Aviva to buy its UK, Irish and Canadian general insurance assets, Post Magazine reflects on the general insurance career of the company's current CEO Andy Haste. Health insurance – IPT rise: A bitter pill With the failure of the industry's efforts to persuade the Treasury to freeze, or indeed lower, insurance premium tax on private medical insurance, Post Magazine looks at what it would take to lobby more effectively. Health & Safety – Enforcement: Changing priorities A new report claims the Health & Safety Executive has eased off on enforcing key provisions of health and safety law. Chris Green looks into the issue. Insurance Times News Allianz gears up for further motor rate rises this year Feature articles News analysis – Age restrictions Huge motor rate hikes, coupled with insurers exiting the market, have made it harder than ever for young drivers to get affordable cover, which is fuelling a rise in ‘fronting’ and other tactics to drive down quotes. But some in the market are coming up with new ways to offer a fair price. 1 Claims: The liars, the ditch and the wardrobe Embarrassing, audacious and just downright stupid, claims departments and loss adjusters are sent some weird and wonderful claims. From the one-night stand from hell, to an almost inconceivable IVF claim, here are a few of the best stories. The Law Society Gazette News Professional indemnity insurance boost for sole practitioners Brokers worry about client choice as RSA bids for Aviva Brokers have voiced concern that RSA's £5bn bid for parts of Aviva's general insurance business, including the UK, could ultimately limit client choice and competition. Although Aviva has thus far strongly rebuked the approach by RSA, some analysts have noted that shareholder pressure and a higher bid could at least mean the merger is put to a vote. Based on 2009 returns to the Financial Services Authority a combined RSA-Aviva would have a combined gross written premium of £9.14bn, more than twice as much as its nearest rival Royal Bank of Scotland Insurance with £4.83bn. Barbara Bradshaw, chief executive of the Institute of Insurance Brokers told Post that if the merger of these two major players was to go ahead it would reduce competition dramatically: "Although brokers don't always like them, they feel as though they have to have an Aviva agency because of the breadth of coverage of their products. I don't think that they would have the same opinion of RSA." Nick Sharp, managing director of Barbon's property and commercial division, told Post that losing options is never good when you are a broker looking to provide the best range of solutions for clients. While a spokesman for Towergate added: "It's hard to comment on other companies' actions but, of course, we know both parties very well so would hope that, whatever the outcome, this does not become a long-running and unsettling experience for all their people." Alex Alway, group chief executive at Jelf Group, told Post that he believed RSA would have to offer a figure closer to £6bn for any bid to have a chance of being successful, and suggested Axa's general insurance business looked a better fit on paper: "In the UK, RSA have done well and it has a good management team, but it has still got a long way go to prove it can reach the same critical mass with its UK regional SME business, as it has in the corporate space." Mr Alway added that if the deal were to go ahead the combined business would almost inevitably lose market share, but that would be taken up by rival players such as Allianz. He concluded: "I suspect that most of the competitors are probably rubbing their hands with glee that there is an opportunity of disruption." Would the deal pass the oft test? Mergers in the UK are initially looked at by the Office of Fair Trading and transferred to the Competition Commission if it is believed that the merger may result in a substantial lessening of competition. Thresholds whereby a merger may be sent to the Competition Commission include, if it gives the merged company market share of over 25% and if the turnover of the company acquired is more than £70m a year. Mergers are either dealt with by the domestic authorities, or if it is a merger of €5bn (£4.1bn) or more it will automatically go to Europe. 2 Analysts pour scorn on viability of RSA's Aviva bid Aviva's concern over capital adequacy if it was a standalone life insurer is the main barrier to selling its general insurance arm to RSA, according to City analysts. Solvency II has emerged as a key point of contention between Aviva and RSA, after the latter made an audacious approach to acquire its rival's general insurance businesses in the UK, Ireland, and Canada, excluding RAC. RSA is understood to have launched a £5bn rights issue to fund the proposed takeover, which was "unanimously" rejected by Aviva after 10 days' consideration. The insurer is also understood to have explored the possibility of launching a £600m rights issue in 2009. In a statement released last week, Aviva confirmed it had rejected the £5bn cash offer on 6 August, having received a written offer on 28 July, stating it had "significant synergies" in its existing composite life and general insurance model. Aviva said RSA's move was not in its shareholders' interests and added: "The combination of the life and non-life businesses allows Aviva to operate with substantially less capital than the two businesses would do on a standalone basis, which is likely to be further reinforced under the Solvency II proposals." In a reactive statement, RSA said there was "no capital advantage" to having life and GI entities under Solvency I, and it is "too early" to predict whether Solvency II would compliment Aviva's existing business model. RSA said it remains "open to discussions" with its acquisition target. Analyst Joy Ferneyhough, head of insurance research at Execution Noble, told Post she doubted a deal would be made: "The statements from Aviva have been pretty clear. For Aviva it is not just a case of what the business is worth as a standalone. It is a case of what additional benefits the GI business brings the group from a capital efficiency perspective, and also cash and earnings diversification." She added: "Capital efficiency is the key. To compensate Aviva for what it thinks it would lose on that side, the price then becomes unviable for RSA shareholders, or potentially any other bidders' shareholders. It is an impasse that cannot be gotten over in this case." Citigroup analyst Raghu Hariharan said a break-up of Aviva would not realise value at the initial bid price: "A bid of £5bn would not create any shareholder value, since any proceeds would only be used to unwind the internal leverage and pension deficit. Such a sale would also materially reduce earnings and capital generation prospects, thus threatening the current dividend." Ms Ferneyhough added RSA's shareholders would be unhappy with the prospect of a failed bid, though ruled the firm out as a potential acquisition target: "The first issue was the £5bn price tag, which would be solely funded by a rights issue. Does that mean it is constrained from a capital perspective despite the fact that it has an IGD capital surplus?" She said the bid suggested RSA had "run out of ideas of what to do next" to grow the business organically, and could position itself for further targets. Ben Cohen, analyst at Collins Stewart, told Post: "My sense would be the main sticking point is not price, but where it would leave Aviva post-disposal. Aviva's strategy has been around the composite model. It would need a new strategy. It would be difficult to reinvest the cash profitably." However, he predicted RSA could return with a new offer if given access to Aviva's balance sheets: "RSA will probably see whether Aviva opens up a bit more, as it is only looking at 3 public information at the moment. It would be difficult for RSA to refine on price when it doesn't know the details of what it is buying." He added that in the event of a failed bid, RSA could turn its gaze to other insurers in the UK market: "Royal Bank of Scotland has said it would rather not sell its insurance business, but it would seem crazy to not consider it, judging by its results. The big European composites could also sell their UK businesses. However, you would not get the overlap you would get with Aviva." Fortis backing key to UK General's £1.6m Shearings deal UK General has won a two-year deal with travel firm Shearings — its first major piece of business since teaming up with new capacity provider Fortis. The contract, to provide travel and motor breakdown insurance, was previously handled by First Assist. Karen Smith, technical director at UK General, said the deal is worth in the region of £1.6m and that it beat off competition from Towergate among others in the final tender process. "Shearings said our long-term deal with Fortis was one of the reasons we won the tender. It felt that it would add further strength to the Shearings brand and help to convert more insurance sales with customers," she said. Fortis became UK General's sole backer earlier this year after the MGA's split from Aviva and Axa. Claims for the travel and motor breakdown insurance are handled by Direct Group. Ian McInnes, procurement and projects director at Shearings, said: "Giving peace of mind to our customers is essential, and the UK General team put together a compelling proposition. We were impressed by its specialist travel team and look forward to developing our partnership with UK General during the coming months." Ace expands Midlands team Ace UK has named two new staff to its Birmingham-based Midlands regional management team. Dave Hall joins Ace from Chartis as Midlands property and casualty manager and will be responsible for the delivery of the P&C underwriting strategy and growth in the region. Tez Roberts has been appointed as regional property underwriting manager and will focus on the performance of ACE's property portfolio in the region. Mr Roberts joins from Aviva. Commenting on the new appointments Pat Drinan, director of corporate risk for UK and Ireland said: "Our investment in developing strong regional underwriting and service capabilities is an important part of our strategy as we build ACE's Corporate segment in the UK and Ireland. "Dave and Tez bring with them relevant expertise and insight which reflects our commitment to deliver support and services that are directly aligned to the needs of large to medium sized corporate clients and their brokers." Former Marsh VP joins claims firm as complex loss boss Munters MCS has named Simon Hurst as the UK’s major & complex loss director. A former vice president for Marsh, Munters MCS said Mr Hurst joins with a brief to promote and develop the major and complex loss capability within Munters MCS in the UK. 4 "Munters MCS has an enviable reputation for its major and complex loss capabilities globally. The skills and expertise are already evident and proven in the UK operation, my job is to ensure we maximise the opportunities we have," he added. Darren Francis, UK property performance services director, commented: "Simon's appointment confirms our absolute commitment to the commercial, high net worth and major loss markets where the provision of bespoke, technical, cost effective solutions are critical. Simon's experience and expertise will enable us to develop long term strategic partnerships." Former Chartis staff join Ace Ace UK has made two appointments to its Midlands regional management team. Dave Hall joins Ace as Midlands property & casualty manager based in the Birmingham office and reporting to Paul Jennings, Ace Midlands regional manager. His responsibilities include the delivery of the P&C underwriting strategy and long-term sustainable growth in Ace’s Midlands region. Mr Hall joins Ace from Chartis where he was regional development manager for P&C. He has held a number of senior underwriting roles with the former AIG, Aviva and Provincial Insurance Company (now Axa) and has worked for Aon. Tez Roberts has been appointed regional property underwriting manager, also based in Birmingham and reporting to Dave Hall. His role focuses on the performance of Ace’s property portfolio in the region. Mr Roberts joins from Aviva where he was supporting the strategic development of the insurer’s commercial on-site trading propositions. Previously, he has held roles with Chartis, RSA and NZI (now part of Aviva). Pat Drinan, director of corporate risk, UK & Ireland, said: “Our investment in developing strong regional underwriting and service capabilities is an important part of our strategy as we build Ace’s Corporate segment in the UK and Ireland. “Dave and Tez bring with them relevant expertise and insight which reflects our commitment to deliver support and services that are directly aligned to the needs of large to medium sized corporate clients and their brokers.” Axis expands accident & health team Axis Global Accident & Health, a division of Axis Capital Holdings has appointed Giles Allen as senior vice president, international accident & health insurance operation Global Accident & Health. Axis Global Accident & Health is currently developing insurance products for the international market. These products include personal and business travel accident programmes for employer groups, as well as accident and specialty health cover for associations, affinity groups, financial institutions and other organisations. Axis Global Accident & Health currently markets insurance products in the US. Before joining Axis, Mr Allen was executive director of the accident & death division at Willis' Global Markets International for five years. Previously, he served in a similar capacity at Aon for four years and worked with several Lloyds’ brokers in the accident & health market over the last 17 years. “With his vast experience in the international accident and health brokerage market, Giles offers us an insightful perspective as we establish our presence and build our product portfolio internationally” said Paul Chapman, chief executive officer, international accident & health, to whom Giles will report. “He recognizes our vision for challenging the norm and exceeding expectations.” Allianz gears up for further motor rate rises this year 5 Insurer chief sets positive tone as the firm prepares to add two new corporate partners. Allianz Insurance is planning double-digit rate increases in its broker private motor book in the second half of 2010, according to chief executive Andrew Torrance. That’s on top of the 15 percentage points already put through in the first half. Torrance also hinted that Allianz would be signing up two corporate partners, to be announced in the second half of the year, although he declined to name the companies concerned. A partnership agreed between the insurer and the Volkswagen/Audi group on 1 January was, he said, “developing very nicely”. “As we look into 2011, we are beginning to see the prospect of an underwriting profit in the motor account – and not before time, I might add,” Torrance said. Allianz’s broker private motor book ran at a 116% combined ratio for the first half of the year. While Torrance said this was an improvement over the industry-wide 2009 combined ratio of around 120%, he added: “It underlines the distance there is to go in that market.” Torrance noted that the number of broker private motor policies was falling “modestly” as a result of the company’s rating action. However, he does not expect to lose more than 2%-3% of policyholders during the rest of the year, and is optimistic that the company will lose even fewer. “The market is moving at this sort of rate, so the rate of policyholder loss has been falling month by month in 2010,” he said. There is also a shortfall in broker household account prices, Torrance believes. Allianz Insurance increased its rates by two percentage points in the first half of the year, and the company is looking for a further two to three percentage point increase in the second half. “I don’t believe today’s household rates have adequate margin built into them to deal with the weather events that are part and parcel of writing the account,” he said. Despite the rate increases required for broker personal lines in motor and household, Torrance was pleased with the performance of Allianz Insurance’s retail book overall. Its combined ratio improved 4.3 points to 95.6% from 99.9% and its gross written premium increased 5.4% to £349.7m. He also expressed satisfaction with the overall result, despite the first-half combined ratio worsening to 95.3% from 94.9%, and the IFRS operating profit dropping 11% to £78.4m from £88.3m, which Torrance attributed to low investment returns. “We are very pleased by the continued growth in the business,” he said. “We are very much on track to deliver our planned year-end results and to meet the expectations of our shareholders.” While declining to name the corporate partners with which Allianz is in discussions, Torrance hinted that one would be in the personal lines household arena. He also indicated that one of the deals would be of comparable size to the Volkswagen arrangement, while the other “will potentially be a bit smaller”. Professional indemnity insurance boost for sole practitioners Travelers, the second-largest professional indemnity insurer, has struck an exclusive agreement with Quinn’s former broker, Prime Professions, to offer cover to sole practitioners left in limbo by Quinn’s expected departure from the market. Quinn presently insures around 1,900 sole practitioners and about 1,000 small firms. The development will be welcomed by the smallest firms as they seek cover in the toughest renewals round yet. However, Prime director Richard Brown stressed that Travelers will only take on around three-quarters of the 1,900 sole practitioners currently insured by Quinn, and will charge them premiums 15-20% more than it charged sole practitioners last year. Market sources suggested that Travelers may take on fewer practitioners than indicated by Brown. Travelers declined to comment. Around 500 sole practitioners currently insured by Quinn are therefore likely to face the extremely difficult task of finding alternative cover. Elsewhere in the market, the Gazette 6 understands that insurer RSA, which had a 6% share of the PII market last year, will cut a significant number of its existing customers, and will not take on any new firms this year. RSA declined to comment on its renewal policy, but said in a statement: ‘RSA has decided to continue to insure solicitors in England and Wales in 2010. Only existing clients will be considered for primary (compulsory limit) covers. This means that no new business will be written for these primary covers.’ RSA also noted ‘significant concerns’ regarding the assigned risks pool, and said that it wants to work with the Solicitors Regulation Authority to address these. There was more encouraging news from insurer Lemma Europe, a branch of Ukrainian insurer Lemma Insurance. It is to increase its PII capacity by up to five times, from £4m capacity last year, to £20m this year, according to Nick Rowe, business production and development manager at broker Monitor Insurance Services, which brokers for Lemma. Lemma typically insures one- to five-partner firms, Rowe said. Earlier this month, Chartis, the UK’s largest PII insurer with a 15% market share last year, said that it does ‘not have an appetite’ to take on new law firms with fewer than 10 partners this year, although it is not reducing its existing client base. Zurich, the third-largest PII insurer with a 13% market share last year, said in July that it will significantly’ cut the amount of new PII business it underwrites for law firms this year. Last month a new entrant, Vision Underwriting, entered the market after striking a deal with the Law Society. In a further development, the Law Society this week opened its PII helpline for solicitors. Email [email protected] or call 020 7320 9545. 7 If you have any further questions on the content, please contact the editor(s). Disclaimer You have been sent this material because you have previously registered your interest in receiving information from Berrymans Lace Mawer LLP. If you no longer wish to receive the mailing, please unsubscribe. This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to clients of Berrymans Lace Mawer. Specialist legal advice should always be sought in any particular case. BLM triggers is produced by the media relations team of Berrymans Lace Mawer (Salisbury House, London Wall, London EC2M 5QN) on behalf of Berrymans Lace Mawer LLP. © Berrymans Lace Mawer LLP 2010. Solicitors with offices in Birmingham, Bristol, Cardiff, Leeds, Liverpool, London, Manchester, Southampton and Stockton-on-Tees. 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