Forewarned是Forearmed：新兴的商业责任趋势

FOREWARNED IS FOREARMED:Emerging commercial liability trendsDarren PainDirector Cyber and Evolving LiabilityThe Geneva Association The Geneva AssociationThe Geneva Association was created in 1973 and is the only global association of insurancecompanies; our members are insurance and reinsurance Chief Executive Officers (CEOs).Based on rigorous research conducted in collaboration with our members, academicinstitutions and multilateral organisations, our mission is to identify and investigate keytrends that are likely to shape or impact the insurance industry in the future, highlightingwhat is at stake for the industry; develop recommendations for the industry and forpolicymakers; provide a platform to our members and other stakeholders to discuss thesetrends and recommendations; and reach out to global opinion leaders and influentialorganisations to highlight the positive contributions of insurance to better understandingrisks and to building resilient and prosperous economies and societies, and thus a moresustainable world.Geneva Association publications:Pamela Corn, Director CommunicationsHannah Dean, Editor and Content ManagerPetr Neugebauer, Digital Media ManagerSuggested citation: The Geneva Association. 2023.Forewarned is Forearmed: Emerging commercial liability trends.Author: Darren Pain. March.© The Geneva Association, 2023 All rights reservedwww.genevaassociation.orgPhoto credits:Cover page – Josh Hild - Unsplash 2 ForewordExecutive summary1.Introduction1.1Drivers of commercial liability1.2Role and types of liability insurance1.3A survey of re/insurer1.4Structure of the report2.The civil litigation environment increasingly favours claimants2.1Plaintiff-friendly litigation practices are set to remain most prominent incommon law jurisdictions2.2COVID-19 seems unlikely to have a durable impact on liability-related litigation3.Ongoing digitalisation is reconfiguring the liability risk landscape3.1Cloud computing, IoT and AI are key technology-related risks3.2Future liability concerns correlate with the degree of technological diffusion4.Climate change litigation against companies is growing in importance and scope4.1The precise pathways to legal liability remain uncertain4.2Miscommunication and ‘greenwashing’ claims represent a significant risk5.Industrial contaminants are rising up the corporate risk agenda5.1Evidence is mounting about the health and environmental impacts ofPFAS/microplastics5.2Pollution exclusions in liability insurance policies may come under renewed scrutiny6.The focus on corporate social responsibilities and governance is intensifying6.1D&O liability for social issues is a nascent theme6.2Cybersecurity breaches will create liability exposure7.Insurers pull various levers to adapt to emerging liability risks7.1Casualty insurers tend to focus most on changes in policy language7.2Risk selection and exposure management are key8.Concluding remarksAppendixReferencesContents 5689111213141617181921232626282931323434363839404243 ACKNOWLEDGEMENTSThe report has benefited greatly from the expert research assistance of Pieralberto Treccani.We are also indebted to the members and affiliates of the Working Group of The GenevaAssociation’s Evolving Liability work stream for their support and guidance, as well as theirwillingness to share their views for the survey. In particular:•Alfred Henneboehl, Alfredo Alonso, Larry Crotser and Luke Baker(Allianz Global Corporate & Specialty)•Andrew Redman, Ciara Brady, Graham Fulcher, Beat Mettler, Gisele Sirot,EelcoVan Keimpema and Jason Vallint (AIG)•Andrew Becker and Donald Watson(Arch Capital)•Estelle Hascoet and Nicolas Baudey(AXA)•Harley Gantman and Frederick Zauderer(Axis Capital)•Gavin Hayes, Rory McEwan and Paul Henderson(Beazley)•Yin TANG(China Pacific Property Insurance Company)•Philip Myers(Chubb)•Christine Kaaz(ERGO)•Reto Arrigoni(Generali)•Paul Blight, Emmanuel Broquier, Molly Corbett and Tim Fletcher(Gen Re)•Melanie Rouvray-Kampe and Anika Stehr(Hannover Re)•ShaunO'Brien and Katie Simmons(IAG)•Ramneek Goyal(ICICI Lombard)•Chris Paar(Intact Financial Corporation)•Alex Wickett and Lauren Restell(Lloyd’s)•Susana Pérez Carbajo(MAPFRE)•Adriano Bastiani, Lucas Beckmann, Ina Ebert, Christian Fuhrmann, Martin Greil,Gerhard Schmid and Lars Wichmann (Munich Re)•Edward Shen(Peak Re)•Andrea Aidelman(Grupo Sancor Seguros)•Keesha-Lu Mitra(State Farm)•Joerg Basler, Roland Friedli, Andrew Guarnori, Anke Klein, René van Meggelen,Patrick Roder, Peter Sengupta (Swiss Re)•Guilhem Horvath(SCOR)•Thomas Bartell(The Hartford)•Ken Hatakeyama, Kei Kato and Atsushi Tanaka(Tokio Marine)•Ignazio Oggioni and Sandro Senaldi(Vittoria Assicurazioni) 4 Foreword Liability lines of business are an increasingly challenging area of insurance, withcorporate customers facing a host of new and emerging risks as well as an ever morehostile legal environment.Re/insurers need to continually screen their liability exposures. Based on a survey ofGeneva Association members, this rep