Mactavish, the UK specialist outsourced insurance buyer and claims resolution expert, warns the construction insurance market is growing increasingly distressed and that premiums, which were already rising prior to the impact of Covid-19, have been turbocharged in the period since lockdown commenced. As well as rising premiums,it warns construction companies to expect considerable erosion in the quality and extent of the insurance cover they buy and to remain extremely vigilant through upcoming insurance renewals.

It also says that some construction firms have made dramatic changes to their operations in response to Covid-19, which has altered their risk profiles, and this could mean current insurance policies may not pay out in the event of a claim. The second major risk, which, is almost unique to the construction sector, is that new insurance coverage restrictions can suddenly place firms in breach of commercial contracts that form the basis of existing projects.

Bruce Hepburn, CEO, Mactavish said: “Some of these problems are also affecting other sectors, but there are two factors that make them particularly challenging for construction companies. The first is the difficulties posed to the sector by the end of lockdown and return to work, which are far from straightforward on active construction sites. The second is the way in which commercial contracts create a complex web of liabilities and obligations across contractors, sub-contractors and other elements of the supply chain.”

Understanding the challenges:

The problems faced by the construction industry in the Professional Indemnity (PI) market have been well documented, but other lines have also fallen prey to unforgiving macroeconomic conditions in recent times.

Construction All Risks (CAR) insurance, for example, has witnessed increasing restrictions in cover and a doubling of premium rates over the past 24 months.

Meanwhile, insurers’ severe economic losses following the Covid-19 pandemic, estimated to top $200bn, will only lead to further coverage erosion in the guise of new exclusions, higher deductibles, lower limits and more disputed claims.

It is against this tumultuous backdrop that the construction sector must contend with two significant challenges.

Firstly, businesses’ operational changes in response to Covid-19 have altered their risk profiles. In some cases, these changes are so significant that current policies may fail to respond in full in the event of a claim. This problem is intensified for those construction projects in which various contractors and subcontractors, each with their own unique risk exposures, have sourced coverage independently – subject to separate terms and obligations.

Even when wrap-up policies are employed, such as an OCIP or a CCIP (in which the project sponsor or lead contractor sources the coverage for all participants) these arrangements require all parties to comply with specified operational conditions to ensure certainty of coverage. Managing this mosaic of policies at a time of rapid and ongoing change represents a particular problem for construction companies of all types.

The second challenge – and one which is almost unique to the construction sector – is that new coverage restrictions can suddenly place firms in breach of commercial contracts that form the basis of existing projects.  This can expose multiple parties. First, the contractor must ensure the appropriate cover is in place to comply with the insurance requirements contained within the commercial contract, which can be thrown by sudden reductions in limits or removal of cover for specific types of work. In addition, contractors might then expect to subrogate to subcontractors many of the losses incurred following a claim.

However, to do so it is crucial that the subcontractor’s coverage also complies with master policy requirements. This is becoming more of a challenge under current market conditions, where substantial restrictions in cover are commonplace and policies become increasingly unreliable. As a result, contractors might find themselves unable to exercise their subrogation rights, leaving them ultimately liable for the loss.

Bruce Hepburn said: “Managing multiple overlapping policies while insurers are changing their terms and exclusions on a frequent basis is akin to playing a never-ending game of 3-D chess. The sheer complexity of the task means that errors are almost inevitable and, in an increasingly tough claims environment, there will be more disputes down the line.