Research firm Conning says all signs point to a deterioratingliability-insurance market.

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“The U.S. liability-insurance front has been relatively quiet inrecent years,” says analyst Jerry Theodorou in a statement.“Decreasing loss frequency and an ample reserve position havesupported satisfactory results even in the face of falling premiumrates in the past decade's soft market.”

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However, says Theodorou, “the benign period for Liabilityinsurance results may be coming to an end.”

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An inflection point may have been reached for loss frequency,tort filings and reserve releases, says Conning.

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General-liability rates fell by about 41 percent during thesoft-market years of 2005-2011. Rates are on the rise, butmodestly.

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Meanwhile, the rate of decrease in loss frequency for otherlines of liability “is slowing and appears to be bottoming” in theoccurrence form, says Conning, and frequency in the claims-madeform has increased.

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Additionally, the “pattern of reserve releases in recent yearswill likely see the reserve cycle soon pass the inflection pointfrom redundancy to deficiency,” according to the study.

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Legal challenges by plaintiffs' attorneys surrounding thedefinition of “occurrence” have resulted in woes for insurers.There is also more litigation for D&O and E&O carriers, asplaintiffs' attorneys retool after having been set back by sometort-reform legislation.

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“New practice areas with potentially rich pools are emerging toreplace the dried-up streams,” says Conning.

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Conning found that the most successful liability insurers, usingcombined ratio as a measuring stick, were E&S insurers.Multiline insurers with a strong E&S focus were the second-bestperformers.

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Conning's “Liability and Tort Trends: Trouble Around theCorner?” is available at conningresearch.com.

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