Skip to main content

Directors and Officers Liability insurance market trends

If you have invested in Directors and Officers (D&O) liability insurance to protect yourself and your business, this liability insurance market update is for you. D&O liability insurance is essential for businesses and organisations, providing crucial protection for directors and officers against personal liability claims. 

Check out our video with Marsh FinPro insurance expert Rob Weaver, who shares key highlights on the New Zealand Directors and Officers’ liability insurance market, including:

  • Premium impacts
  • Coverage and underwriting trends
  • Some challenging areas
  • Market outlook

This insurance market update is part of a bigger report that we publish once a year, which covers a wide range of insurance types including liability, financial and professional lines of insurance and much more – if you’re interested in reading the full New Zealand insurance market 2023: Year in review, you can download it after the video and transcript.  

In 2023, the New Zealand directors and officers liability insurance market, competition among insurers remained high, leading, generally, to premium reductions and a broader risk appetite from insurers. D&O insurers typically focused on insureds' balance sheet resilience, considering the impact of a tight interest rate environment and supply chain disruption.

Let’s take a closer look.

Scroll down to download the full report.

Transcript

In the New Zealand directors and officers liability insurance market, competition among insurers remained high throughout 2023, leading, generally, to premium reductions and a broader risk appetite from insurers.

Premium reductions

For large D&O placements of publicly listed companies and large corporates, modest D&O premium rate reductions were typically attainable for the programme as a whole, ranging from 5% to 15% over the past year.

We saw the strongest competition among insurers on the higher excess layers of a placement programme, with the top layers experiencing decreases of up to 25%. Primary layer premium rates typically saw flat to 10% declines.

Premium rates

Small to mid-sized businesses, whose D&O policies are often combined with other liability placements, generally saw rate increases ranging from flat to 10% in 2023 (excluding any rate corrections).

While the current market conditions are favourable, it is important for insureds to maintain a precautionary longer-term outlook due to an evolving risk landscape and challenging macro environment that’s impacting on the majority of insureds.

Market outlook

Further bifurcation in the market is likely as D&O insurers heavily compete for certain business, with incumbent markets typically defending positions strongly. For new or hard-to-place business, insurer competition remains generally static.

Insureds that benefited from rate reductions in 2023 and maintained their existing D&O program structure may benefit from insurer competition through such measures as limits and coverage expansion.

The duration of these favourable market conditions remains uncertain.

Emerging risks

For listed NZX companies and dual listed ASX/NZX companies, class actions and the role of litigation funders remain of particular concern for both insureds and insurers. NZX-listed companies closely monitor developments following the findings of the New Zealand Law Commission Review into Class Actions and Litigation Funding.

Coverage and Underwriting Trends

Throughout 2023, D&O insurers typically focused on insureds' balance sheet resilience, considering the impact of a tight interest rate environment and supply chain disruption. Underwriters scrutinised risks from insolvencies or liquidations, as well as those related to climate change and environmental, social, and governance (ESG) factors, where insurers typically required insureds to demonstrate a clear strategy.

Looking Ahead

Businesses and the insurance market will continue to face challenges and opportunities posed by cyber risks, geopolitical volatility, and technological advancements. Strong insurer competition is expected to persist in the D&O market, leading to premium stability, barring unforeseen changes in conditions. So far this year we have seen generally modest reductions in premium rates and favourable renewal terms.

Download report

For more D&O market insights and other insurance classes, please download our full report.

New Zealand insurance market 2023: Year in review

For more detail on the D&O liability insurance market and other types of insurance – property, financial and professional lines, cyber, construction and more – check out our full report.

LCPA 24/277

Marsh Limited (NZBN 9429040918792)(“Marsh”) arranges the insurance and is not the insurer.

This page and any recommendations, analysis, or advice provided by Marsh (collectively, the ‘Marsh Analysis’) are not intended to be taken as advice regarding any individual situation and should not be relied upon as such. This document contains proprietary, confidential information of Marsh and may not be shared with any third party, including other insurance producers, without Marsh’s prior written consent. Any statements concerning actuarial, tax, accounting, or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors. Any modelling, analytics, or projections are subject to inherent uncertainty, and the Marsh Analysis could be materially affected if any underlying assumptions, conditions, information, or factors are inaccurate or incomplete or should change. The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Except as may be set forth in an agreement between you and Marsh, Marsh shall have no obligation to update the Marsh Analysis and shall have no liability to you or any other party with regard to the Marsh Analysis or to any services provided by a third party to you or Marsh. Marsh makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or re-insurers. Marsh makes no assurances regarding the availability, cost, or terms of insurance coverage.

If this communication contains personal information we expect you to treat that information in accordance with the Privacy Act 2020 (NZ) or equivalent. You must advise us if you cannot comply.