Marketplace Blues

September 2005

Robert Johnson, one of America's better blues men from the 1930s, wrote a song, "Cross Roads," which more or less epitomizes the marketplace and those professional brokers and agents who find themselves dealing in it.

by Peter M. Polstein

Went down to the cross roads, fell down on my knees; Yeah, went down to the cross roads, fell right down on my knees; I asked the Lord above, have mercy on poor Robert please.

I wrote an article some months ago, It’s 2005, Do You Know Where Your Market Is? Where is it? It’s more or not less back to the good old days of competition, market share underwriting, let’s earn as much premium income as we can put on the books. Don’t mind that we’re sort of short on reserves, yeah Fitch said so, Moody’s said so, but, as old Senator Estes Kefauver once so brilliantly stated, "A billion here and a billion there, and pretty soon, you’re starting to talk about real money."

Okay, so the market has turned south, or maybe it’s north, or perhaps they don’t really have a clue in which direction is turning. Premiums were starting to show some serious signs of dramatic decline (some saying that 15 to 25 percent was not necessarily difficult to obtain on reasonably—the key word "reasonably"—good business), but that was before the hurricanes. Frankly, and despite the potential insured loss, I don't think the market is going to change much. As a matter of fact, rather than harden, I believe it is going to simply attempt to underwrite itself out of the loss potential.

The umbrella/excess market has found some interesting ways to re-price business. For example, a friend of mine who is a substantial real estate owner, with moderate risk, just had his agent place a $50 million umbrella for $26,000 annually, over a $2 million primary. One of my chemical friends just reduced their $100 million follow form excess by over 30 percent. We having fun yet?

All of this on top of the ongoing industry problems of many broker/agent entities finding themselves without contingent commissions, or, if they are being replaced by some other more "legitimate" form of remuneration, the level is far less than in 2003 and 2004. This does pose some interesting challenges to those of you providing your client base with coverage.

I have previously written, perhaps ad nauseum, that the key to success in this industry is the ability to think outside of the box in finding more than traditional ways to "skin the cat" while being extremely careful in ascertaining your clients’ true risk, and their capacity to assume portions of it that make fiscal sense. Lastly on this subject, please, when broking medium to large risks, don’t ask for quotes; tell the underwriter what you want, and be sure to be able to back it up with solid loss content rating. While this may not do much in the way of creating additional income, it goes a long way toward keeping the business that you have worked so hard to attract, and does provide some potential talking points for new clients.

Tripartite Trust

There is one area I have not touched on throughout the past few years, and that is the relationship between agents and brokers and their underwriters. For those of you who have been in this profession since, say, the late 1950s, many can remember fondly your relationships with underwriters, many of whom had the ability to put pen to paper, binding your risks. In any number of instances, they were more or less halcyon days of trust and integrity between broker/agent and underwriter. Deals were consummated, sometimes on Fridays on cocktail napkins, or a piece of a tablecloth, or late in the afternoon on the telephone, and should a loss have occurred over a weekend, there was no question of coverage.

Without a doubt, the world of insurance has changed, we are far more formal than we were some 25 years ago, and yet, there exists one common denominator: trust.

It should really make no difference if the relationship between the broker/agent and underwriter is one of friendship. One of my best friends, who unfortunately passed away at a far too early age, was a senior Chubb underwriter. He was my friend, but he was also one tough underwriter, and perhaps more so in my case. Irrespective of the year, trust is more than a virtue, it is a necessity. It is what this profession is based on.

Professionalism is different than trust. You can put together the most professional submission, with underwriters reduced to only having to make a decision predicated on risk and adequate pricing, but trust is the critical factor which will always play the role of spoiler.

Then there is the relationship between agents/brokers, insureds, and the underwriter. It has always been my opinion, in most circumstances, that there is no valid reason for not including insureds in the face-to-face meetings and at times of negotiations with the underwriter. We are in a business of knowledge; we are in a business which demands our professionalism; we are in a business which has little or no humor; we are in a business where we are given the potential to work with, and find methods of protecting, the assets of others. We need not dwell on the seriousness of this. Yet, here we have the capacity to bring into the equation of broker/agent, underwriter relationship, the insured. How many of us utilize that potential to gain trust within the tripartite of this critical group?

Conclusion

In the next year or two, this marketplace is going to be one of the more challenging ones we've ever faced. I’ve been in this business for literally 50 years. I’ve lived through four major market changes, and each has been as challenging as the past, yet each has challenged our profession to adapt to what have been some critical differences.

Despite the analysts, despite our own gut feelings, no one of us can predict how long this latest fiasco will last. All that any of us can do is find legitimate ways to "skin the cat."


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