D&O Insurance Premiums Fall Despite Growing Risks

The directors & officers (D&O) liability insurance market faces a concerning paradox as premium volume continues to decline from 2020-2021 peaks despite mounting risks from economic uncertainty, AI challenges, and an evolving litigation landscape, according to a recent AM Best market commentary.
While improved underwriting performance and tighter risk selection have resulted in more favorable direct loss ratios by D&O insurers in recent years, multiple factors threaten to counter these positive developments as renewal premiums continue to fall, the report noted. The softening market conditions, driven largely by new capacity attracted by previously higher rates, raise concerns about the sustainability of recent profitability gains as the premium base to support future claims diminishes even as risks expand, according to the rating agency.
Market Pricing Dynamics and Premium Trends
The period of 2020-2021 saw D&O insurers implementing skyrocketing renewal premium increases as they sought to reverse unfavorable underwriting results amid growing litigation risks. For example, quarterly D&O rate changes on renewal averaged 14% in 2020 and 2021, compared with an average of 0.1% in 2023 and the first three quarters of 2024, according to the report.
This dramatic upswing in pricing created an attractive environment for new players, with fresh market capacity entering in 2022, drawn by the higher rates and elevated account pricing.
“This has led to significant declines in pricing for D&O liability,” said David Blades, associate director, AM Best. “As we near the end of the first quarter for 2025, renewal premium has continued to fall despite some insurers acknowledging that while claims from prior years have developed in alignment with expectations in some cases, in other cases reserves have developed more adversely than anticipated.”
The downward pricing trend for D&O insurance has been particularly pronounced for certain market segments, the report noted. Companies involved in initial public offerings (IPOs), special purpose acquisition companies (SPACs), and de-SPAC companies continue to experience falling renewal premiums as competitive pressures persist. However, for many public companies, the significant renewal price decreases that characterized recent years appear to be moderating, potentially signaling a stabilization point in the market cycle.
The financial implications of these pricing trends are becoming increasingly apparent across the industry. Through Sept. 30, 2024, direct monoline D&O premium had declined for 10 consecutive quarters compared to the same quarters in previous years. The third quarter of 2024, for example, saw D&O premiums decline 12.7% compared with Q3 2023.
This persistent downward trend has reduced the premium base available to support future claims activity, the report noted.
“We believe that insurer calendar-year results could soon be affected by adverse development embedded in prior accident-year incurred loss and defense and cost containment, or DCC, expense reserves, which is captured in the other liability/claims-made statutory line of business,” said Chris Graham, senior industry research analyst, AM Best.
Emerging Risks and Challenges
The D&O insurance market faces significant headwinds as litigation activity intensifies. The first half of 2023 witnessed record high securities class action settlements against U.S.-domiciled companies, with this concerning trend continuing through the first half of 2024, according to the report. This surge in settlements carries negative implications for future calendar year profitability for insurers in this space.
A notable transformation is occurring in the litigation landscape as plaintiffs’ attorneys redirect their attention from traditional targets. Legal action is increasingly shifting away from larger companies with market capitalizations exceeding $2 billion toward smaller market capitalization companies, AM Best noted. This strategic pivot provides attorneys with a greater number of potential lawsuit opportunities, effectively widening the net for potential claims.
As technological advancement accelerates, corporate leaders face emerging exposures that present complex challenges. Artificial intelligence (AI) stands at the forefront of these concerns, with companies facing potential litigation stemming from “AI washing” – the practice whereby organizations make exaggerated or false claims about their use of AI in products, services, or operations to appear more innovative or technologically advanced, the report noted.
While advancing technologies and innovations deliver substantial benefits to society, they simultaneously introduce complicated and challenging risks that directors and officers must navigate in this evolving landscape.
Environmental, social, and governance (ESG) practices have also moved to the forefront of corporate risk factors. Companies face intensifying public and regulatory scrutiny over their ESG commitments and disclosures, creating new avenues for potential litigation and regulatory action, according to the report.
Obtain the full report here. &