Professional negligence claims linked to Stamp Duty holiday named one of top insurer issues for 2022

Key issues set to impact insurers in 2022 include professional negligence claims linked to the Stamp Duty holiday, civil unrest resulting from Covid-19 restrictions and emerging trends arising from class action lawsuits, according to law firm RPC.

Its latest Annual Insurance Review, published this month (January 2022), also identified sports-related claims and increasing ransomware attacks as other ongoing insurance issues for this year.

Simon Laird, RPC’s global head of insurance, said: “As we go into 2022, coronavirus and its fallout is, unsurprisingly, still front of mind for insurers.

“The risk of emerging variants and [the] prospect of further restrictions will create practical as well as pricing challenges. We are yet to feel the ripple effects from Covid or, maybe more accurately, the government’s response to Covid, such as losses arising from protests, furlough fraud and insolvencies.

“In addition to Covid, insurers continue to grapple with [environmental, social and governance factors] and what it means for their business from a purpose, risk and opportunity perspective. We expect this to continue at pace through 2022 and to edge out Covid as the dominant topic for the year ahead.”

Key issues

Key issues for 2022 highlighted in RPC’s report include:

• Civil unrest due to Covid restrictions: Protests over lockdown, as well as the economic impact of the pandemic have erupted in European countries, including Belgium, the Netherlands and Austria. With further restrictions to combat Omicron likely, political violence and property underwriters will be looking to select risks with particular caution.
• Insurance claims arising relating to the Stamp Duty holiday: Pressure to complete property transactions quickly in order to capitalise on the Stamp Duty holiday is likely to have led to mistakes being made by some conveyancing firms. This could lead to professional negligence claims being made against conveyancers, with insurers being asked to reimburse the entire property purchase. Conveyancers may also face claims for having missed the cut-off point for the holiday.
• Concussion litigation in rugby and other sports: A lawsuit against World Rugby, the Rugby Football Union and Welsh Rugby Union relating to claims that nine players developed chronic traumatic encephalopathy could have significant ramifications. Would a successful claim lead to similar claims in other sports? In addition to the potential financial impact on sports, the outcome could force insurers to limit their exposures or adjust premiums.
• Special purpose acquisition companies (SPAC) securities class actions: A growing number of class action lawsuits relating to SPACs are being filed before the merger becomes effective. Previously they were limited to before the de-SPAC transaction was completed. Cases often derive from claims that acquisition targets misled investors about the financial viability of their product. Given the high levels of M&A activity, corporates will need to ensure that insurance policies offer protection throughout all stages of the transaction. While claims have so far been limited to the US, some of the insurance policies impacted will be backed by the London market. Other trends in class actions that insurers should keep an eye on are shareholder claims relating to cryptocurrencies and shareholder claims relating to cyber attacks.
• Growing number of ransomware attacks: Last year was a record year for cyber attacks, with the number of incidents doubling from 2020. This has led to capacity issues within the cyber insurance market. Despite the number of products increasing, many insurers expect premiums to remain high.