Terrorism Risk Insurance 

Report of the President’s Working Group on Financial Markets 

September 2006 
Table of Contents 

Executive Summary.......................................................................................................... 1 

I. Background................................................................................................................... 7 

A. Terrorism Risk Insurance Overview..................................................................... 7 

B. Report Mandate..................................................................................................... 14 

II. Key Findings.............................................................................................................. 15 

A. General Methodology ........................................................................................... 15 

A1. Economic Framework..................................................................................... 15 

A2. Scope of Report ............................................................................................... 17 

B. Long-Term Overall Availability and Affordability of Terrorism Risk 

Insurance ..................................................................................................................... 17 

B.1. Measuring and Managing Risk Accumulations .......................................... 18 

B.2. Modeling Terrorist Attacks........................................................................... 23 

B.3. Reinsurance..................................................................................................... 25 

B.4. Terrorism Risk Insurance Market ............................................................... 31 

B.5. State Regulation.............................................................................................. 49 

B.6. Buyer Behavior............................................................................................... 55 

C. Group Life Coverage ............................................................................................ 63 

C.1. Group Life Market Conditions..................................................................... 64 

C.2. Reinsurance .................................................................................................... 67 

C.3. Measuring and Managing Risk Accumulations .......................................... 69 

D. Chemical, Nuclear, Biological and Radiological Coverage ............................... 72 

D.1. Market Conditions ......................................................................................... 72 

D.2. Buyer Behavior............................................................................................... 78 

III. Overall Conclusion.................................................................................................. 79 

Appendix.......................................................................................................................... 81 
Executive Summary 

The Terrorism Risk Insurance Extension Act of 2005 requires the President’s 

Working Group on Financial Markets (PWG) to perform an analysis regarding the longterm availability and affordability of insurance for terrorism risk, including group life 

coverage; and coverage for chemical, nuclear, biological, and radiological events; and to 

submit a report of its findings to Congress by September 30, 2006. 

In conducting this analysis, the PWG was assisted by staff of the member 

agencies who reviewed academic and industry studies on terrorism risk insurance, and 

sought additional information and consultation through a Request for Comment published 

in the Federal Register. Staff also met with insurance regulators, policyholder groups, 

insurers, reinsurers, modelers, and other governmental agencies to gather further 

information. 

The key findings of the PWG’s analysis are set forth below. The findings are 

presented under three main areas: the general availability and affordability of terrorism 

risk insurance; coverage for group life insurance; and coverage for chemical, nuclear, 

biological, and radiological events. Further detail on each finding is provided in the body 

of the report. 

Key Findings 

Long-Term Overall Availability and Affordability of Terrorism Risk Insurance 

• The availability and affordability of terrorism risk insurance has improved since 

the terrorist attacks of September 11, 2001. Despite increases in risk retentions 

under TRIA, insurers have allocated additional capacity to terrorism risk, prices 

have declined, and take-up (purchase) rates have increased. The take-up rate – or 

the percentage of companies buying terrorism coverage – has reportedly increased 

from 27 percent in 2003 to 58 percent in 2005, while the cost of coverage has 

generally fallen to roughly 3 to 5 percent of total property insurance costs. These 

improvements have transpired in a marketplace that has had access to a Federal 

backstop that has gradually contracted through the life of the temporary TRIA 

Program. Insurers’ retention of risk has steadily increased under the TRIA Program: 

deductibles have increased from 7 percent of direct earned premium in 2003 to 17.5 

percent in 2006, and other changes made to TRIA in 2005 have also increased insurer 

retentions. The general trend observed in the market has been that as insurer 

retentions have increased under TRIA and policyholder surpluses have risen, prices 

for terrorism risk have fallen and take-up rates have increased. 
 

• The improvement in the terrorism risk insurance market is due to several 

important factors, including better risk measurement and management, 

improved modeling of terrorism risk, greater reinsurance capacity, and a 

recovery in the financial health of property and casualty insurers. State 

regulation does not appear to have had a significant impact on capacity, and a 

significant number of policyholders are still not purchasing terrorism coverage. 

How these factors continue to evolve will importantly affect further 

developments in the long-term availability and price of terrorism risk insurance. 

− Insurers have made great strides in measuring and managing their risk 

accumulations. The amount of capital an individual insurance company is 

willing to allocate to a particular risk in a given location depends on its 

understanding of its maximum loss under different scenarios. Since September 

11, insurers have made greater use of sophisticated models that allow them to 

identify and manage concentrations of risk in order to avoid accumulating too 

much risk in any given location. This improvement in risk accumulation 

management has allowed insurers to better diversify and control their terrorism 

risk exposures, which has enhanced their ability to underwrite terrorism risk. 

− A significant effort has been made by the insurance industry in modeling the 

potential frequency and severity of terrorist attacks, which helps insurers to 

assess their potential loss exposures. An understanding of the potential 

frequency and severity of terrorist attacks is important for insurers to properly 

evaluate their risk exposures. Improvements in probability modeling of terrorist 

attacks have likely had a positive impact on insurers’ willingness to provide 

coverage for terrorism risk following the re-evaluation of terrorism risk that took 

place after September 11. However, unlike other catastrophic exposures (e.g., 

natural disasters) where there are more refined methods of modeling frequency, 

modeling terrorism risk frequency relies largely on analysis of terrorist behavior. 

Given the uncertainty of terrorism in general and, in particular, the uncertainty 

associated with these modeling efforts, insurers appear to have limited confidence 

in these models for evaluating their risk exposures. 

− The quantity of terrorism risk reinsurance capacity has increased since the 

period following September 11. Reinsurance for terrorism risk all but vanished 

after September 11 as reinsurers withdrew from the market. The market has since 

improved and reinsurers have gradually allocated more capital to terrorism risk. 

The key determinants in the capital allocation decisions of reinsurers include 

pricing, which is influenced largely by demand, loss experience, underwriting 

performance, and probability of loss for a given risk at a given location. These 

determinants also factor into the willingness of other capital providers (e.g., 

through catastrophe bonds or other mechanisms) to allocate capital to terrorism 

risk. The presence of subsidized Federal reinsurance through TRIA appears to 

negatively affect the emergence of private reinsurance capacity because it dilutes 

demand for private sector reinsurance. 

2 
 

 

− The financial health and capacity of insurers has recovered since September 

11. There has been improvement in the financial health of the insurance industry, 

which plays a role in how much capacity an insurer is willing to expose to 

terrorism risk. Since September 11, policyholder surpluses in the property and 

casualty industry have risen, as the industry has remained profitable (even with 

the 2005 hurricane season losses) and has benefited from increased rates of return 

on assets. As a result, insurers have more available capital to allocate, and they 

apparently have chosen to allocate additional capacity to terrorism risk as 

demonstrated by the increased provision of terrorism risk insurance coverage over 

the past few years. 

− States require that some types of terrorism risk insurance be provided and 

otherwise regulate aspects of the terrorism risk insurance market. However, 

it is unclear whether these requirements have reduced capacity significantly. 

State laws and regulations govern various aspects of the insurance marketplace 

(e.g., mandating certain types of coverage, approving forms and rates, and 

monitoring financial solvency), and the provision of terrorism risk insurance falls 

within this general structure. In terms of pricing, although states regulate 

commercial insurance rates to various degrees (to a larger extent with workers’ 

compensation insurance), commercial terrorism risk insurance for large property 

risks may be exempt from state price regulation or not subject to state price 

regulation (or other state mandates) when purchased from non-admitted surplus 

lines insurers. In addition, some insurers do not even charge for the terrorism 

coverage that is included in their policies. In lines of insurance with the greatest 

amount of price regulation and coverage mandates (such as workers’ 

compensation insurance), insurers have generally remained in the market, even as 

their TRIA retentions have increased, despite not having the flexibility to fully 

price for terrorism risk. Therefore, while state regulations have the potential to 

significantly interfere with the operation of the insurance markets, it does not 

appear that such restrictions have had a significant impact in the market for 

terrorism risk insurance in the post-TRIA environment. 

− While take-up rates have increased as prices have fallen, a significant 

number of policyholders are still not purchasing coverage. The willingness of 

consumers to pay for terrorism risk insurance is a determinant of how much 

capital insurers will allocate. It is unclear why approximately 40 percent of all 

policyholders do not purchase coverage, although the Treasury’s 2005 study and 

others have found that the primary reasons were price and assessment of their 

individual risk to terrorist attack. Individual perceptions of low risk are likely 

related to the lack of a successful terrorist attack within the U.S. since 2001, and 

perhaps to some degree an expectation that Federal aid might be available if a 

significant attack occurs. 

3 
• Further improvements in insurers’ ability to model and manage terrorism risk 

will likely contribute to the long-term development of the terrorism risk 

insurance market. However, the high level of uncertainty currently associated 

with predicting the frequency of terrorist attacks, along with what appears to be 

a general unwillingness of some insurance policyholders to purchase insurance 

coverage, makes any prediction of the potential degree of long-term development 

of the terrorism risk insurance market somewhat difficult. The post-September 

11 terrorism insurance market has developed in the presence of a Federal backstop 

(albeit a progressively less generous one over time), which creates inherent 

difficulties in evaluating the long-term development of the terrorism risk insurance 

market. 

Group Life Insurance 

• Coverage for terrorism risk insurance in group life insurance policies has 

remained generally available and prices have declined, even though group life 

insurance is not part of TRIA. Given these market signals, there is no reason to 

expect negative developments in the group life insurance market. Group life 

insurance is generally sold to employers as part of employee benefit packages along 

with other benefits, such as medical, dental, vision, and disability. In some cases 

group life insurers partner with other providers of employee benefit services. The 

group life insurance market is highly competitive and insurers appear to be unwilling 

in the face of such competition to raise prices (states do not regulate group life 

insurance rates), or to decline to provide terrorism coverage. Even though group life 

insurance has not had access to the Federal backstop under TRIA, private market 

forces (high competitiveness and extreme price sensitivity) have ensured the 

continued availability and affordability of group life insurance to employers and their 

participating employees. 

• As in the market for property and casualty reinsurance, there have also been 

improvements in the availability of catastrophic life reinsurance, and there is the 

potential for continued market development. Just as with the property and 

casualty reinsurance, catastrophic life reinsurance all but disappeared after September 

11, even though by most industry metrics, September 11 was not a catastrophe in 

terms of either individual or group life insurance losses. Still, the lack or limited 

availability of catastrophic life reinsurance following September 11 had no disruptive 

effect on the availability and affordability of group life insurance to consumers 

largely due to competitive market forces. Since then, some catastrophic life 

reinsurance has again become available in the marketplace, albeit at higher cost when 

compared to pre-September 11 pricing. Today, group life insurers are deciding 

whether to purchase reinsurance, or to forego and retain most of the risk – a decision 

that has not had any impact on the availability and cost of group life insurance to 

consumers. 

4 
 

• Similar to the situation with property and casualty insurers, group life insurers 

have developed an increased ability to measure and manage their accumulation 

of terrorism exposure through the use of modeling, and there appears to be 

potential for additional improvements. While group life insurers face aggregation 

exposure (the risk of multiple losses from a terrorist-related mass casualty event due 

to concentrations of insured lives), they are capable of managing this risk to some 

degree by managing risk accumulations. Property and casualty insurers have made 

great strides in modeling techniques, but it is unclear to what extent group life 

insurers have made use of these tools. The highly competitive environment in the 

group life market, the general wider dispersion of overall life insurance risks (for 

companies that sell both group and individual life), and some institutional 

arrangements regarding how policies are sold, may all influence how group life 

insurers view their need and ability to manage accumulation risk. 

Chemical, Nuclear, Biological and Radiological (“CNBR”) Coverage 

• Historically, insurance coverage for losses associated with chemical, nuclear, 

biological, and radiological risks has generally not been widely available unless it 

was mandated. Insurers generally did not provide CNBR coverage even before 

September 11, and for the most part they do not provide such terrorism 

coverage even with a Federal backstop in place. Given the general reluctance of 

insurance companies to provide coverage for these types of risks, there may be 

little potential for future market development. The factors determining the 

availability and affordability of CNBR coverage in the marketplace have more to do 

with the nature, scale, and uncertainty of the damage and losses from CNBR events – 

however caused – and less to do with terrorism specifically. What coverage exists 

today is mostly tied to state mandates, most prominently workers’ compensation 

insurance, as well as some aspects of fire insurance through the Standard Fire Policy. 

In addition, a Federal mandate requires some nuclear coverage for reactor operators 

and some specialty coverage exists. There is virtually no CNBR reinsurance 

available, and the modeling issues both for exposure and probability become even 

more complicated for CNBR. 

• Some insurance consumers have expressed an interest in purchasing CNBR 

coverage, but due to limited capacity and relatively high prices, many have 

decided to forgo such purchases. Policyholder expectations regarding their own 

potential terrorism exposure and likelihood of post-disaster Federal aid are 

probably higher for CNBR risks than for relatively smaller-scale conventional 

terrorist attacks. The 2005 Treasury study found that the number of policyholders 

that purchased CNBR terrorism coverage was relatively small (except in the case of 

workers’ compensation insurance where coverage is mandated). Among the main 

reasons for not purchasing CNBR terrorism coverage were that policyholders 

believed either that they were not at risk or that the premiums were too high. Most 

commercial policyholders remain generally uninsured (except where coverage is 

mandated, such as with workers’ compensation). Some consumers may equate 

CNBR coverage with other coverages that are not generally available (e.g., war risk) 

5 
Finally, there may be an even greater market expectation that the Federal government 

would respond post-loss to a CNBR event through Federal disaster aid than would be 

the case for a smaller-scale conventional terrorist attack. 

* * * 

6 
 

 

 

 

Terrorism Risk Insurance 

Report of 

The President’s Working Group on Financial Markets 

I. Background 

A. Terrorism Risk Insurance Overview 

Overview of Terrorism Risk Insurance Prior to September 11 

Prior to the September 11 terrorist attacks, various insurance products that 

insurance companies sold to policyholders covered losses due to terrorism. 

Insurance provided by property and casualty insurers is divided into personal lines 

(homeowners’, renters’, and automobile insurance) and commercial lines. Most 

commercial property insurance coverage is written through what is called an “all risk” or 

“all perils” insurance policy. Such “all risk” policies cover loss to the insured property 

from all causes except those that are expressly excluded.1 There are a number of 

exclusions that have been adopted over the years, one common, long-standing one being 

the exclusion of losses from acts of war. General liability policies, covering third-party 

claims against the insured, generally work in the same way. Under life insurance 

policies, claims are paid upon death, with very few exclusions. An exception to the 

general exclusion framework is workers’ compensation insurance, which covers workrelated injury or death however caused, even if by an act of war or terrorism. Specialty 

insurance programs also developed to provide coverage for perils that were excluded 

from “all risk” policies. For example, aviation war-risk insurance, an endorsement to 

some general aviation policies, covers hull damage and liability claims from acts of war 

and terrorism, and specialty insurers have long provided coverage for acts of war, 

terrorism, and piracy in the maritime shipping industry. 

While prior to September 11 most commercial property and casualty policies sold 

in the U.S. excluded losses from acts of war, generally speaking, most policies did not 

exclude losses from terrorism. Policies covered terrorism despite the fact that foreignsponsored terrorist attacks had occurred or were attempted against U.S. properties prior to 

September 11, most notably the February 26, 1993 bombing of the World Trade Center 

($510 million in insured losses2

) and the December 1999 attempted bombing of the Los 

Angeles Airport by Ahmed Ressam (often referred to as the “millennium bomber”).3 

Domestic terrorist attacks occurred as well, including the April 19, 1995 bombing of the 

1

 A standard “all risk” policy usually provides: “This policy insures against all risks of physical loss or 

damage to property described herein, except as specifically hereinafter excluded.” 

2

 Swiss Re, sigma catastrophe database. 

3

 Other attacks outside the continental U.S. but against U.S. territory included the August 7, 1998 bombing 

in and around the U.S. Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania; and the October 12, 

2000 bombing of the U.S.S. Cole in Aden harbor, Yemen. 

7 
 

 

Alfred P. Murrah Federal Building in Oklahoma City ($125 million in insured losses4). 

From the perspective of insurance companies, September 11 was a realization of risks 

that had existed, even in the U.S. The magnitude, however, far exceeded general 

expectations. Insured losses from September 11 are currently estimated at $32.5 billion, 

including property, life, and liability claims.5 Hence, the September 11 attacks led to an 

increased desire among insurance companies to exclude terrorism risk from “all risk” 

policies. 

Industry Response after September 11 

Following September 11, commercial property and casualty insurers began 

excluding terrorism from the coverage provided in new and renewing insurance policies, 

if allowed by state law. Aviation insurers exercised provisions in their policies that 

cancelled coverage. State law prohibited workers’ compensation insurers from excluding 

terrorism. While not prohibited by state law, it is not at all clear to what extent life 

insurers excluded terrorism in new life policies. Reinsurance contracts excluded 

coverage for terrorism upon the next annual renewal, with the majority of exclusions 

taking effect in January 2002. 

The actual timing of imposing terrorism exclusions depended to a large degree on 

the type of insurance company. For insurance companies subject to state regulation 

(often called the licensed or admitted market), new policy forms containing terrorism risk 

exclusions generally required approval.6

 For those policies requiring approval, a standard 

terrorism exclusion was separately filed by two major advisory and rating organizations – 

Insurance Services Office, Inc., (ISO) and the American Association of Insurance 

Services (AAIS) – and was approved by the National Association of Insurance 

Commissioners (NAIC) soon thereafter. In addition to these standard exclusions, some 

individual insurance companies drafted their own exclusions (some more restrictive than 

the standard exclusions), which were also approved by some states. The National 

Council on Compensation Insurance, Inc., (NCCI), an insurance advisory organization 

focused on workers’ compensation insurance, did not propose terrorism exclusions as 

workers’ compensation insurance coverage is dictated by state law. 

The standard terrorism exclusion allowed losses from an act of terrorism to be 

excluded so long as the total insured losses exceeded $25 million. For liability policies, 

the $25 million threshold applied, but in addition, in order for losses to be excluded, the 

attack had to result in serious injury to fifty or more persons. Chemical, nuclear, 

4

 Swiss Re, sigma catastrophe database. This figure represents insured losses and not total losses. 5

 L. James Valverde, Jr. & Robert P. Hartwig, “9/11 and Insurance: The Five Year Anniversary,” Insurance 

Information Institute, September 2006 (also estimating the insured losses in current dollars at $35.6 

billion). Property and business interruption losses alone are estimated at $20.7 billion in 2005 dollars. 

Swiss Re, sigma, No. 2/2006. 6

 Surplus lines insurers, whose insurance policy forms are not subject to state regulatory approval, began 

excluding terrorism immediately. In addition, some states exempt commercial property and casualty 

insurance policies from form approval if sold to large commercial policyholders (the public policy rationale 

being that these are sophisticated buyers); and in such instances terrorism exclusions were also put into 

effect. 

8 
biological, or radiological attacks, however, could be excluded no matter the loss level. 

Thus, small-scale terrorist attacks (below $25 million in total insured losses) were 

generally required to be covered. 

By February 2002, terrorism exclusions were approved for use in commercial 

policies (that required regulatory approval) by 45 states, the District of Columbia, Puerto 

Rico, and Guam. Five states did not approve terrorism exclusions in commercial policies 

– California, Florida, Georgia, New York, and Texas – resulting in some terrorism 

coverage being available in those states. During this period, some insurers began to offer 

terrorism insurance, sold as standalone terrorism policies. 

 

Terrorism Risk Insurance Act 

The President signed the Terrorism Risk Insurance Act7

 (TRIA) into law on 

November 26, 2002. The purposes of TRIA were to address market disruptions from the 

terrorist attacks of September 11, 2001, ensure the continued widespread availability and 

affordability of commercial property and casualty insurance for terrorism risk, and to 

allow for a transition period for the private markets to stabilize and build capacity while 

preserving state insurance regulation and consumer protections. 

TRIA established a temporary Federal program of shared public and private 

compensation for privately-insured commercial property and casualty losses resulting 

from acts of terrorism. The Department of the Treasury administers TRIA through the 

Terrorism Risk Insurance Program (TRIA Program). The TRIA Program was originally 

scheduled to expire on December 31, 2005, but as discussed below, the temporary 

program was extended for two additional years and with modifications. The overall 

structure of TRIA was retained, however. 

How TRIA Works 

TRIA essentially amounts to a government reinsurance program. Primary and 

excess commercial property and casualty insurers (including admitted, surplus lines, and 

captive insurers) who receive premiums for commercial property and casualty policies 

covering U.S. risks must participate in the TRIA Program. 

TRIA Coverage and Limitations 

The TRIA Program covers losses from certified acts of terrorism. In order to 

qualify as act of terrorism, an event must be certified by the Secretary of the Treasury 

with the concurrence of the Secretary of State and Attorney General of the United States. 

To fall within TRIA’s definition and qualify for certification, a terrorist act must be found 

to be: 

• a violent act, or an act dangerous to life, property or infrastructure; 

7

 Pub. L. 107-297, 116 Stat. 2322. 

9 
 

 

• resulting in damage within the U.S., or to a U.S. air carrier or U.S. flagged vessel, 

or on the premises of a U.S. mission; and 

• committed by an individual or individuals acting on behalf of any foreign person 

or foreign interest, as part of an effort to coerce the civilian population of the U.S. 

or to influence the policy or affect the conduct of the U.S. government. 

Some limitations apply; an act can not be certified as an act of terrorism under TRIA if: 

• the act is committed as part of a Congressionally-declared war (except that acts of 

war may be certified for the sole purpose of covering workers’ compensation 

insurance losses); or 

• the property and casualty insurance losses from the act do not exceed $5 million. 

Types of Insurance Covered Under TRIA 

TRIA coverage applies to commercial property and casualty insurance. It does 

not apply to personal insurance, such as homeowners’, automobile, or life insurance. 

Commercial property and casualty insurance is defined to specifically include excess 

insurance, workers’ compensation insurance, and during the first three years of the TRIA 

Program, surety insurance. (As discussed below, the TRIA Program was not extended 

for certain types of insurance previously included in the Program). By law, the TRIA 

Program does not apply to: 

• Federal or private crop insurance; 

• Private mortgage insurance, or title insurance; 

• Financial guaranty insurance offered by a monoline financial guaranty insurance 

corporation; 

• Insurance for medical malpractice; 

• Health or life insurance, including group life insurance; 

• Federal flood insurance; and 

• Reinsurance or retrocessional reinsurance.8 

Generally, TRIA requires that insurers make available coverage for acts of 

terrorism on the same terms and conditions as other types of coverage offered as part of 

their commercial property and casualty insurance policies. While TRIA requires insurers 

to make coverage generally available, TRIA does not contain provisions relating to the 

pricing of terrorism risk insurance coverage, but rather leaves pricing to whatever 

provisions may apply under state law and regulation, or to the free market for policies 

exempt from state rate regulation. TRIA does not require that a policyholder purchase 

terrorism risk insurance (although, as with workers’ compensation insurance, state law 

may). Thus, if a purchaser declines the offer of terrorism coverage, the insurer can then 

exclude terrorism losses from coverage under the insurance policy or negotiate other 

limited forms of coverage, if allowed by state law. 

8

 Other types of insurance were excluded from the TRIA Program beginning in 2006, as explained further 

below. 

10 
Although TRIA requires insurers to make terrorism coverage offers on the same 

terms and conditions as other coverages, insurers are not required to make coverage 

available for losses from a chemical, nuclear, biological, or radiological (“CNBR”) 

terrorist act if coverage for CNBR exposure is excluded in the overall policy, regardless 

of the cause of the CNBR damage (i.e., the same terms and conditions). Thus, insurers 

are not required to offer terrorism coverage from CNBR losses if such an exclusion is 

also applied to losses arising from events other than acts of terrorism, and if permitted by 

state law. 

Insurer Retentions Under TRIA 

If a certified terrorist act occurs, insurers may be eligible to receive the Federal 

government’s share of the insured losses above a deductible, as specified under TRIA. 

Insurance companies will cover 100 percent of the insured losses below their deductible. 

The insurer’s deductible, which has gradually increased through the life of the TRIA 

Program, is currently set at 17.5 percent of all the insurer’s previous year’s premiums 

earned from policies insuring U.S. risks (including the premiums of any of the insurer’s 

affiliates in the case of insurance groups) through the types of insurance (referred to as 

“lines” or “lines of business”) covered under the TRIA Program. This includes premiums 

received from all policies sold under commercial lines covered by TRIA, including 

policies in which terrorism risk insurance was not accepted. Thus, the insurer deductible 

is the same regardless of the individual insurer’s terrorism risk insurance take-up rate. 

The TRIA deductible has increased from 7 percent in the first year of the TRIA Program 

to 17.5 percent in 2006, and is to rise to 20 percent in 2007 (though in 2006 and 2007 

there are fewer types of insurance in the TRIA Program from which the deductible is 

calculated). 

Insured losses above the insurer’s deductible amount will then be shared between 

the insurance company and the Federal government, with the Federal share equal to 90 

percent of the losses above the insurance company’s deductible (and 85 percent in the 

final year of the TRIA Program). Neither the Federal government, nor private insurers 

will be liable, however, for any amount exceeding an annual cap of $100 billion in 

aggregate insured losses (each individual insurers must pay at least its TRIA deductible, 

however). Beyond that point, TRIA provides that Congress will determine the 

procedures and source of any further payments. 

TRIA does not require participating insurers to pay premiums, rather it provides 

authority for Treasury to recoup its Federal payments via surcharges on the commercial 

policyholders of these insurers. A certain amount of recoupment is mandatory, based on 

insurance marketplace aggregate annual retention amounts specified in TRIA. In other 

circumstances, however, TRIA authorizes discretionary recoupment. 

TRIA also contains tort reform provisions designed to manage litigation arising 

from or relating to a certified act of terrorism. In this way, TRIA addresses third-party 

liability exposure from contributions to personal injury or death arising out of, or related 

11 
 

 

to an act of terrorism. TRIA also contains a prohibition on Federal payments for punitive 

damages under the TRIA Program. 

Terrorism Risk Insurance Extension Act 

The TRIA Program was originally set to expire on December 31, 2005. On 

December 22, 2005, the President signed into law the Terrorism Risk Insurance 

Extension Act of 20059 (TRIEA), which extended the Program through December 31, 

2007. 

For the two extension years, TRIEA modified the TRIA Program and reduced the 

Federal role in the terrorism risk insurance market in several ways. First, as noted above, 

it raised the insurer deductible from its 2005 level of 15 percent to 17.5 percent in 2006 

and 20 percent in 2007. Second, it did not extend the TRIA Program for certain types of 

previously covered insurance, namely: commercial automobile insurance; burglary and 

theft insurance; surety insurance; professional liability insurance10; and farmowners’ 

multiple peril insurance. Third, TRIEA reduced the Federal share of insured losses from 

90 percent to 85 percent in 2007. Lastly, TRIA now has a “Program Trigger” provision 

that precludes any Federal payments unless insured losses from a certified terrorism event 

exceed $50 million in 2006 and $100 million in 2007.11 

Two Commercial Terrorism Risk Insurance Markets 

Following September 11 and the enactment of TRIA, two commercial terrorism 

insurance markets emerged – one for foreign acts of terrorism (committed by or on behalf 

of foreign interests); the other for domestic acts of terrorism (e.g., the 1995 bombing of 

the Alfred P. Murrah Federal Building in Oklahoma City and the 1996 bombing of 

Centennial Olympic Park in Atlanta, Georgia). The two markets are also often described 

as “certified acts” coverage (based on the TRIA definition) and non-certified acts 

coverage (which includes domestic acts of terrorism and possibly foreign acts which are 

not certified under TRIA, depending on policy language). As terrorism risk insurance for 

domestic, or non-certified, acts of terrorism is not covered by TRIA and is reportedly 

available and purchased within both the insurance and reinsurance markets12, this report 

focuses on foreign acts of terrorism. Although not the subject of this report, the 

functioning private market for domestic terrorism risk insurance (not including CNBR) 

indicates that terrorism risk is not inherently uninsurable. 

9

 Pub. L. 109-144, 119 Stat. 2660. 

10 Directors’ and officers’ liability insurance, a type of professional liability insurance, remains in the 

TRIA Program, however. 

11 Prior to TRIEA, the only aggregate loss limitation was the $5 million aggregate loss threshold required to 

be met before an act could be certified as an “act of terrorism” under TRIA. 12 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006”; Marsh, Inc., Research Report, 

“Marketwatch: Property Terrorism Insurance 2004”; U.S. Department of Treasury, Report to Congress, 

“Assessment: The Terrorism Risk Insurance Act of 2002,” (June 30, 2005), pp. 78-79, 120. 

12 
 

Terrorism Risk Insurance Programs in Other Countries 

Terrorism risk insurance programs with varying degrees of government support 

have existed or emerged in other countries. Even prior to September 11, some countries 

had established terrorism risk insurance programs in response to their own unique 

situations. For example, Israel developed two programs: one in 1961 to cover property 

damage caused by terrorism under which the government compensates for property 

losses resulting from a hostile act, and another in 1970 to cover bodily injuries suffered in 

terrorist attacks, as well as to provide compensation to family members of deceased 

victims. Israel’s programs provide direct compensation provided by the government for 

terrorism losses as insurance companies do not retain any risk exposure. 

In the United Kingdom, as a result of the attacks by the Irish Republican Army, 

Pool Re was created in 1993 to provide insurers reinsurance on amounts in excess of their 

compulsory retentions of terrorism coverage. Unlike TRIA, Pool Re is partially prefunded by the insurance industry. Insurers pay premiums to Pool Re, which in turn pays 

premiums to the government when pool’s surplus reaches more than £1 billion, and the 

government indemnifies up to 100 percent of claims above Pool Re funds. In Spain, as a 

result of losses from the Spanish civil war and long-standing issues with Basque 

separatists, an institution, Consorcio de Compensacion de Seguros (CCS), was created in 

1941 to provide compensation for civil commotion losses. CCS was given legal status in 

1954 as a government-controlled company covering all “extraordinary risks” including 

terrorism.13 The coverage for these “extraordinary risks” is mandatory, and the CCS acts 

as the direct insurer by setting premium rates that are paid by policyholders as 

surcharges. 

After September 11, other countries, most prominently France, Germany, 

Netherlands, and Australia, established permanent or temporary terrorism risk insurance 

programs that involve some degree of governmental participation. In several other 

countries including Austria, India, and Taiwan, private programs were established that do 

not involve government support. 

 A common characteristic of many government-supported terrorism risk insurance 

programs, including TRIA in the U.S., is a layered approach, where insurers retain 

exposure to terrorism risk below a minimum event size as part of a deductible and copayment structure before government support becomes available. In some cases, such as 

Pool Re, the first level of assistance is through a pre-funded pooling mechanism, which is 

followed by direct government support. In other cases, such as TRIA, the government 

provides direct support once insurer retentions are satisfied, but then government outlays 

can be recouped through a post-event pooling mechanism. In the end, both structures 

utilize a pooling concept, but the timing of the assessments differs. 

13 These risks also include earthquake, tsunami, extraordinary flood, volcanic eruption, rebellion, 

insurrection, riot, civil commotion, as well as terrorism. 

13 
 

 

 

To date, other countries such as Japan, Canada, Mexico, Italy, Greece, Belgium, 

Portugal, Norway, Denmark, Sweden, Switzerland, Argentina, and Brazil have chosen 

not to establish government-backed terrorism risk insurance programs. 

B. Report Mandate 

Section 8 of TRIEA requires an analysis by the President’s Working Group on 

Financial Markets14 (PWG) regarding the long-term availability and affordability of 

terrorism insurance, including group life coverage and coverage for chemical, nuclear, 

biological, and radiological events. This section amended Section 108 of TRIA by 

adding subparagraph (e), which provides: 

(e) ANALYSIS OF MARKET CONDITIONS FOR TERRORISM RISK 

INSURANCE. 

(1) IN GENERAL. The President’s Working Group on Financial Markets, in 

consultation with the National Association of Insurance Commissioners, 

representatives of the insurance industry, representatives of the securities 

industry, and representatives of policy holders, shall perform an analysis 

regarding the long-term availability and affordability of insurance for 

terrorism risk, including 

(A) group life coverage; and 

(B) coverage for chemical, nuclear, biological, and radiological events. 

(2) REPORT. Not later than September 30, 2006, the President’s Working 

Group on Financial Markets shall submit a report to the Committee on 

Banking, Housing, and Urban Affairs of the Senate and the Committee on 

Financial Services of the House of Representatives on its findings pursuant to 

the analysis conducted under subsection (a). 

How the PWG Conducted its Analysis 

In conducting this analysis, the PWG was assisted by staff of the member 

agencies who reviewed academic and industry studies on terrorism risk insurance. The 

PWG was also required to consult with the NAIC, and others with an interest in terrorism 

risk insurance. As a means of meeting this consultation requirement in the most efficient 

and most transparent manner – and given the short time frame – Treasury, as chair of the 

PWG, published a Notice in the Federal Register seeking comments concerning the longterm availability of terrorism risk insurance. (A copy of the Federal Register Notice is 

included in the Appendix.)15 

14 The PWG (established by Executive Order 12631) is comprised of the Secretary of the Treasury, the 

Chairman of the Board of Governors of the Federal Reserve System, the Chairman of the Securities and 

Exchange Commission, and the Chairman of the Commodity Futures Trading Commission. Executive 

Order No. 12,631, 53 Fed. Reg. 9421 (March 18, 1988).

15 Instructions on how interested persons may review the comments received by the PWG are found in the 

appended Federal Register Notice (also published at 71 Fed. Reg. 11460 (March 7, 2006)). 

14 
In addition to the comments received from the Federal Register notice, staff also 

met with insurance regulators, policyholder groups, insurers, reinsurers, modelers, and 

other governmental agencies to gather further information. PWG staff also attended a 

public hearing convened by the NAIC on terrorism insurance in which various segments 

of the insurance industry participated. 

 

 

II. Key Findings 

A. General Methodology 

A.1. Economic Framework 

As with other goods and services, the availability and affordability (or more 

generally the price, or premium) of insurance is determined by interaction between 

supply and demand. 

On the supply side, insurers are in the business of assuming certain types of risks. 

In assuming various risks, insurers transform the risk of loss from individual 

policyholders across a wider group of policyholders that may be exposed to similar peril. 

The key source of revenue for insurers comes from premiums and investment returns. At 

the most basic level, an insurance company weighs revenue against costs to determine the 

insurance coverage it will supply. 

A fundamental aspect of insurance is the selection, measurement and management 

of risk exposure. The risk selection process includes the methods by which insurers 

measure the potential for losses from individual risks, determine which policyholders and 

insureds to accept and insure, and to what extent and at what price they are willing to 

provide coverage. Insurers manage their portfolio of risk exposures in a number of ways: 

limiting potential exposures; allocating levels of capital (referred to as policyholder 

surplus for insurance companies); and perhaps most prominently through the use of 

reinsurance. Reinsurance is, simply put, insurance for insurance companies. One reason 

an insurance company purchases reinsurance is to protect itself from catastrophic losses 

that could threaten its solvency or, at a minimum, limit its ability to respond in a timely 

fashion to claims. The measurement and management of risk determines an insurance 

company’s capacity to write coverage, defined as the maximum coverage it will offer at 

any point in time at a given premium, in all its lines of business.16 The amount of 

capacity offered and the premium charged depends upon the risk of particular lines of 

coverage, with higher risk exposures requiring larger amounts of surplus committed and 

16 Capacity is determined by the target share of policyholder surplus the company puts at risk for that line 

(referred to as the surplus allocated to the line), the amount and cost of reinsurance protection, the risk of 

the line to the company, the policyholder premium, and the cost of raising or replenishing external capital. 

The risk to the company is the intrinsic risk of the line alone, including uncertainty in measuring the 

potential loss distribution, and the correlation, if any, of that risk with the company’s other lines and with 

investment returns. 

15 
 

 

higher premiums. In summary, insurers’ evaluation of risk, and their ability to manage 

catastrophe risk, are key factors in determining the supply of insurance in the market. 

On the demand side, a business evaluates its risk exposure, manages its risk 

through efforts to mitigate losses, transfers the risk of the loss (e.g., to insurers), and 

bears a portion of the risk of loss itself (e.g., self-insurance). In making the 

determination to purchase insurance, a business will evaluate its perceived risk exposures 

and the uncertainty of this exposure – which may not be the same as an insurer’s 

evaluation – any potential for post-event assistance from government, and the cost of 

insurance. A business then decides whether to purchase insurance, how much coverage 

to purchase and how much risk to retain, or whether to forgo insurance and manage risk 

exposure in another manner. 

The insurance industry is also subject to various types of regulation by the States 

that can impact the operation of the insurance market. States regulate insurance 

companies for financial solvency in terms of how much risk can be undertaken. States 

have extensive consumer protection laws related to approving policy forms and terms. 

Some states also regulate rates for insurance coverage. In addition, private credit rating 

agencies offer opinions of an insurer’s financial strength and ability to meet ongoing 

obligations to policyholders. Such ratings are important to investors and insurance 

purchasers as well as the insurers themselves. A strong financial rating gives an insurer 

better and less expensive access to capital markets, which has a direct impact on an 

insurer’s cost of raising capital. 

A common characteristic of the insurance market is that it generally follows an 

insurance industry cycle, characterized by periods of soft market conditions, in which 

premium rates are stable or falling and insurance is readily available, followed by periods 

of hard market conditions, in which rates rise, coverage may be more difficult to find, and 

insurers’ profits increase. These cycles are often precipitated by loss “shocks,” when 

claims are presented of a type or size unexpected by insurers. Exposure assessment and 

underwriting adjustments are typical insurance market behaviors following larger than 

expected loss events. Following a period of higher than anticipated losses, insurers and 

reinsurers typically react by re-evaluating their portfolios and risk exposures, often 

declining to renew or issue new policies until the company’s exposure and appetite for 

risk is re-assessed. As prices rise, insurers and reinsurers rebuild surplus and new 

insurers and reinsurers enter to take advantage of the high prices; capacity is committed 

although it may be re-distributed in some manner as the result of their re-assessment of 

risk exposures.17 

The same interactions of supply and demand in the general insurance market are 

also present in the market for terrorism risk insurance. Against this economic backdrop, 

this report evaluates factors that will impact the long-term availability of terrorism risk 

insurance, including coverage for group life insurance and chemical, nuclear, biological, 

and radiological events. 

17 David Cummins, “Should the Government Provide Insurance for Catastrophes?” Federal Reserve Bank 

of St. Louis REVIEW, (July/August 2006). 

16 
 

A.2. Scope of Study 

Given the time constraints for this report and data limitations, the PWG conducted 

its analysis on the basis of overall market conditions, unless the report notes otherwise. 

Nevertheless, there are variations in market conditions that appear evident from available 

market data. Market conditions appear to vary geographically. While terrorism can be 

conceived as occurring anywhere (a message raised by policyholder groups during 

consultation); generally, risk modelers, and the market behavior of insurers, reinsurers, 

and buyers, suggest a perceived higher probability of loss, and obviously greater loss 

exposure in concentrated urban areas and around iconic locations. Market conditions 

also appear to vary by size of insured, as measured by total insured value and other 

metrics (a subject examined by the Treasury Department in its 2005 study and by others), 

and also by the type of terrorism (i.e., foreign or domestic). Market conditions also 

appear to vary by risk to conventional and unconventional attack, which is discussed in 

this report. Conditions also vary by type (or “line”) of insurance; and, the report 

examines differences between property and casualty coverage where appropriate; and 

group life insurance, which is specifically examined. Still, while from time-to-time 

throughout this report various market comparisons are made, the key findings are 

intended to address long-term, overall market availability and affordability of terrorism 

risk insurance with an understanding that conditions can vary across particular markets. 

This report provides analysis of available data on market conditions for terrorism 

risk insurance – a marketplace which has included a Federal backstop through the TRIA 

Program since the end of 2002. As enacted by Congress, TRIA is a temporary program, 

and while it has been extended for two additional years beyond its original three-year 

term, it is set to expire on December 31, 2007. As the PWG’s charge from Congress was 

to analyze long-term availability and affordability of terrorism risk insurance, including 

group life insurance and coverage for chemical, nuclear, biological, and radiological 

events, this report identifies the factors underlying recent trends in the market that can be 

expected to influence further market development in the absence of the TRIA Program, 

or any Federal program. 

B. Long-Term Overall Availability and Affordability of Terrorism Risk Insurance 

The key factors examined by the PWG regarding the long-term overall 

availability and affordability of terrorism risk insurance centered around the following: 

the ability of insurers to measure and manage terrorism risk exposure; the ability of 

insurers to underwrite terrorism risk exposure; and the consumer demand for terrorism 

risk coverage. Each of the key findings presented below relates in one way or another to 

these factors. The focus in this section is on terrorism risk insurance in general. While 

these key factors and findings in this report are also generally applicable to coverage for 

group life insurance and CNBR events, those topics are covered separately in sections C 

and D, respectively. 

17 
 

 

 

 

B.1. Measuring and Managing Risk Accumulations 

The Importance of Managing Aggregate Exposures 

As with any risk, insurance companies make business decisions as to the 

maximum amount of capital to put at risk for terrorism. Insurance companies estimate 

and assess their current exposures, compare them to current allocations of capacity, and 

then decide whether more or less terrorism risk insurance will be sold and renewed. This 

process leads to greater diversification of risk and less aggregation exposure for insurance 

companies. Insurers’ decisions to supply capacity depend largely upon their assessment 

of the risk of loss. Catastrophe models – models of potential losses from large but low 

probability events – are used in assessing severity, the size of losses, and the probability 

of the loss occurring. To the degree the assessment is itself uncertain, insurers will 

respond by allocating greater amounts of given available capital to cover the added 

uncertainty, making the supply to consumers more limited and raising the price (to the 

extent allowed by law). Thus, absent the capability to assess exposure, as was the case 

with terrorism risk exposure prior to and immediately following September 11, insurers 

are inclined in the short-term to stop insuring the risk altogether (e.g., no new policies, 

non-renewals, and the use of exclusions). Similarly, when an insurer’s risk assessment 

reveals over-exposure, as occurred with general liability and medical malpractice insurers 

in the mid-1980s, it may pull back in certain markets. Exposure assessment and 

underwriting adjustments are typically observed insurance market behaviors following 

large catastrophes. Following a large catastrophe, or loss shock, insurers and reinsurers 

typically react by re-evaluating their portfolios and risk exposures, often declining to 

renew or issue new policies until the company’s exposure and appetite for risk is reassessed. Eventually, insurers and reinsurers re-commit capacity, although it may be redistributed in some manner as the result of their re-assessment of risk exposures.18 Thus, 

the ability to model and estimate insured losses influences availability of coverage over 

the long term. 

Historical Development of Aggregate Exposure Management 

Following Hurricanes Hugo in 1989 and Andrew and Iniki in 1992, the 

importance of using catastrophe models in managing aggregation exposures from natural 

catastrophes became clear to insurers.19 However, despite relatively significant terrorist 

attacks on U.S. soil (the first World Trade Center bombing in 1993 and Oklahoma City in 

1995), approaches for managing aggregate exposure and catastrophe modeling had not 

been widely adapted for assessing terrorism risk exposure before September 11. Prior to 

18 David Cummins, “Should the Government Provide Insurance for Catastrophes?” Federal Reserve Bank 

of St. Louis REVIEW (July/August 2006); U.S. Department of Treasury, Report to Congress, “Assessment: 

The Terrorism Risk Insurance Act of 2002,” (June 30, 2005), p. 27. 

19 P/C Extreme Events Committee, American Academy of Actuaries, “Report to NAIC Terrorism Insurance 

Implementation Working Group on Ratemaking Issues Related to the Terrorism Risk Insurance Act,” 

March 4, 2003; Risk Management Solutions, Inc., “Catastrophe, Injury, and Insurance,” 2004, p. 3; 

PriceWaterhouseCoopers, Global Study, “Enterprise-Wide Risk Management for the Insurance Industry,” 

2004, p. 49. 

18 
 

 

 

 

 

September 11, insurers may have anticipated that their maximum exposure associated 

with a given property risk was much less than the full value of the property or that their 

casualty exposure was limited to a certain number of floors within a building.20 

September 11 demonstrated how a terrorist attack in a risk-concentrated area can generate 

catastrophic losses well beyond previous expectations and across many types (or lines) of 

insurance (referred to as a “clash” event). After September 11, it became extremely 

important for underwriters to identify the accumulation of risk going forward.21 

According to the American Insurance Association (AIA) and others, since 

September 11, insurers have improved their ability to measure and manage their 

accumulation of terrorism risk exposure through use of catastrophe models.22 As a result, 

insurers can manage their accumulations more closely than they did prior to September 

11 and make better underwriting decisions. 

Moody’s reported that prior to September 11 insurers were managing their 

aggregate terrorism exposures solely by using pricing as an underwriting tool. Moody’s 

observed: 

In order to manage their aggregate exposures, insurers have employed the 

lone underwriting tool currently at their disposal before renewals occur, 

which is to quote high prices for some risks in order to discourage take-up 

in cities considered vulnerable to terrorist attacks. 23 

At the time, risk models were in the early stages of development although some 

workers’ compensation insurers had been monitoring concentrations of workers with 

regard to natural disaster exposure.24 Some property insurers were also collecting 

address-level property data prior to September 11; however, it was the analysis of the 

data that subsequently changed once models were adopted.25 

In its study, Treasury found that by 2005 insurers used sophisticated loss severity 

models to manage their aggregate exposure. As Treasury stated in its 2005 study: 

Insurers’ ability to identify and quantify the severity of an event in terms 

of insurers’ losses has improved greatly. In particular, insurers are much 

better able to assess their exposures or accumulations of risk for a given 

terrorist event on an overall and individual customer basis. This is 

important because it allows insurers to more effectively underwrite 

coverage.26 

20 Generally reported to the Treasury Department during the period leading up to the enactment of TRIA. 

21 American Insurance Group, Comments to the PWG dated April 21, 2006. 

22 American Insurance Association, Comments to the PWG dated April 21, 2006. 23 Moody’s Investors Service, Special Comment, “Moody’s Surveys Insurers on Implementation of 

Terrorism Insurance Act,” May 2003. 

24 Moody’s Investors Service, Ibid. 25 Liberty Mutual Group, Comments to the PWG dated April 21, 2006. 

26 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), p. 6. 

19 
 

 

One of the benefits of terrorism modeling is that it allows insurers to assess and 

manage their loss exposure, both at individual locations and for aggregation of exposure. 

By doing so, an insurance company is able to manage its maximum loss exposure by 

diversifying its risks so that its largest loss in any one location or area is lowered. 

Spreading loss exposure over more diversified locations and types of risk should result in 

improved management of maximum loss exposures, which in turn should allow increases 

in terrorism risk capacity for given amounts of surplus and could potentially lead to a 

reduction in prices. 

Current Approaches to Aggregate Exposure Management 

Today, models are being used by insurers and reinsurers to manage loss severity 

exposure from both foreign (certified acts under TRIA) and domestic terrorism, as well as 

conventional and CNBR terrorist attacks. Models can be used to assess terrorism risk at 

insured U.S. locations and globally. Models are available for estimating property, 

workers’ compensation, and group life losses, although models have not yet been 

developed for liability insurance given the high degree of variability involved with 

potential liability exposure.27 More specifically, in terms of managing exposures, 

insurers can use loss severity models to: 

• identify multi-line concentrations within a radius or geographic region; 

• quantify the greatest potential loss to the insurers’ portfolio (from policies 

with terrorism coverage); 

• assist in pricing decisions (advisory organizations also rely on modeling in 

determining loss cost loads); 

• evaluate new applications for insurance against existing exposure in the 

same area; 

• evaluate reinsurance coverage; and, 

• assist in underwriting decisions. 

Given the nature of terrorism, insurers generally seem concerned about severe 

catastrophic losses from a single large-scale terrorism attack or aggregated losses from 

multiple concurrent attacks and the risks these losses present to their companies. Insurers 

are collecting more detailed information about the individual risks in their portfolios, 

monitoring concentrations or aggregations within geographic areas, and managing risk 

across multiple lines of insurance. 

When assessing concentrations of insured risk within geographic areas, insurers 

model loss severity exposure in different ways. With property exposure, most 

approaches calculate maximum loss as the sum of the full policy limits of all potentiallytriggered property policies (multiple policyholders in the same building) and coverages 

(physical property, loss of use, business interruption, etc.), net of any policyholder 

retentions. Casualty line exposure, such as workers’ compensation, is calculated based 

27 American Insurance Association, Comments to the PWG dated April 21, 2006. 

20 
 

on the number of individuals at the location and using statutory death benefit and 

disability award amounts. Deterministic modeling strives for a more precise estimate of 

likely losses rather than a maximum. Although methodologies differ,28 some examples of 

modeling approaches include the following: 

• Single-address or single-location exposure assessment – Quantifies 

maximum loss if a single insured property (i.e., a single building) were 

destroyed. 

• Landmark-based or target-based exposure assessment – Identifies 

exposure around a particular city block or near an iconic location. 

Modeling firms have extensive catalogs of these locations against which 

insurers can assess their proximity exposure. Over time, these databases 

continue to expand and become more useful. 

• Aggregate exposure assessment – Quantifies maximum loss over very 

wide geographic areas. Although some insurers may not have the detailed 

or accurate policyholder data that is required for some models (such as not 

knowing how many of its policyholders are in the same building, or how 

many insured individuals are located in a building, etc.), most can identify 

policies by zip code, city, or county. Though somewhat less exact, 

insurers can assess maximum loss over these broad areas. These 

assessments do have some utility when evaluating CNBR exposure. 

• Ring concentration accumulation assessment – Quantifies the maximum 

loss not just from the destruction of a single insured property but resulting 

from losses throughout a wider geographic area encompassing the 

locations of multiple insureds. After selecting a damage circle or ring that 

overlays mapped insured locations, maximum loss within the radius is 

calculated. Models can also identify areas of clustered insured locations in 

which maximum loss exceeds an input loss threshold reflecting the 

insurer’s risk appetite. 

• Deterministic loss modeling – Identifies an insurer’s accumulation 

exposure from a particular attack footprint scenario. Deterministic 

modeling provides a more accurate assessment of the expected losses from 

specific types of hypothetical attacks in comparison to maximum loss 

exposure modeling. For example, a model could estimate the type and 

size of losses from a 5-ton blast occurring at a specific address. 

Deterministic models incorporate data about specific buildings in terms of 

28 For a discussion of various approaches, see Applied Insurance Research (AIR) Worldwide Corp., 

“Terrorism Risk Assessment: Best Practices for Insurers and Reinsurers,” 2005; John Tedeschi, Krista Ann 

Lieman & Peter Cheesman, “Terrorism Modeling, Preparing the Worst-Case Scenario,” Guy Carpenter, 

December 2004; American Academy of Actuaries’ Terrorism Risk Insurance Subgroup, Comments to the 

PWG dated April 21, 2006. 

21 
 

building characteristics and engineering, surrounding urban environment 

(buildings around buildings), number of floors, occupancy, etc. 

A.M. Best reported some specific statistics on the use of approaches to modeling 

loss severity in its 2004 terrorism Supplemental Rating Questionnaire (SRQ).

 

 

 

 

 

 

 

 

 

29 The SRQ 

asked companies what methods they used to measure their exposure to terrorism.30 

Accumulation management was used by 45 percent of respondents while 36 percent did 

not use the method, and 19 percent did not respond to the question. Thirty percent of 

insurers measured accumulation by proximity to landmarks. Deterministic modeling was 

used by 53 percent of insurers while 32 percent did not use this method, and 15 percent 

did not respond. Given the structure of this survey, it is difficult to make generalizations; 

however, it appears that at least 50 percent of insurers were using some method. In 

addition, as noted above, there likely have been further increases in the use of models to 

manage accumulation exposure since 2004.31 Nonetheless, the A.M. Best SRQ does 

seem to indicate that there remains some room for improvement. 

A number of commercially available modeling systems are available to 

implement the various modeling approaches described above, and some insurers have 

developed their own proprietary models. 32 The effectiveness of these assessment tools 

depends to a large degree on the collection of detailed and accurate input data. The 

American Academy of Actuaries’ (AAA) comments to the PWG explained that insurers 

have improved their data collection since 2001.33 In addition, Liberty Mutual commented 

that since September 11, it now requires workers’ compensation insureds to provide 

specific employee information in order to geocode employee concentrations.34 

Consultations with stakeholders confirmed that overall there had been greater use of 

models and substantial improvement in managing aggregate loss exposure in recent 

years. Still, the AAA asserted that many insurers had room to improve their systems.35 

During consultations, representatives of group life insurance providers acknowledged 

(and studies suggest) that they lag behind in this area (see section C). 

29 A.M. Best, Special Report, “Terrorism: Too Risky Without TRIA?,” December 2005. 30 The study included responses from 155 rated primary insurers who wrote commercial terrorism coverage 

with TRIA-defined direct earned premiums making up at least 10 percent of their total written premiums. 31 A limited survey of insurers by Wharton in the Spring of 2005 indicated a high percentage of model 

usage among large insurers. Wharton surveyed 40 member companies of two leading insurance trade 

associations; 12 responded, 7 of which were among the top 10 that represent 50 percent of the TRIA line 

market. The 10 insurers surveyed stated that they model scenarios in managing their exposure; 1 insurer 

did not; 1 did not respond. Wharton Risk Management and Decision Processes Center, “TRIA and 

Beyond,” The Wharton School, University of Pennsylvania, August 2005.

32 The leading commercial providers are Applied Insurance Research Worldwide (AIR), EQECAT, and 

Risk Management Services (RMS). In terms of proprietary models see: Lloyd’s of London, Comments to 

the PWG dated April 21, 2006; “Insurers Can Model Terror Threats More Closely,” BestWire, August 2, 

2004. 

33 American Academy of Actuaries’ Terrorism Risk Insurance Subgroup, Comments to the PWG dated 

April 21, 2006. 

34 Libery Mutual Group, Comments to the PWG dated April 21, 2006. 

35 American Academy of Actuaries’ Terrorism Risk Insurance Subgroup, Comments to the PWG dated 

April 21, 2006. 

22 
 

Over time, as databases expand, data collection systems improve, and more 

detailed and accurate input data is collected by insurers (and agents and brokers), such 

that the granularity of the details of the risks improves, modeling can be expected to 

become an even more effective underwriting tool. Long term, this should lead to better 

risk management and more capacity in geographic areas where current capacity may be 

more limited by the lack of use of these tools. One would also expect capacity to expand 

as more insurers utilize these risk management approaches.36 

As noted above, rating agencies, such as A.M. Best, are monitoring insurance 

companies’ use of modeling in managing exposure. In addition, since the 2005 hurricane 

season, rating agencies are now more focused on insurers’ accumulations with regard to 

all perils, not just terrorism.37 The greater attention by rating agencies and other private 

market participants regarding accumulations and the use of models will likely increase 

the number of insurers using accumulation exposure and deterministic modeling going 

forward. 

Conclusion 

The amount of capital an insurance company is willing to allocate to a particular 

risk, line, or region, is based largely on its understanding of its maximum loss under 

different scenarios. To that end, insurers have made greater use of sophisticated 

modeling of severities of terrorism events to measure and manage accumulations of risk 

in any given location or area. Improved risk accumulation management allows insurers 

to diversify and control their terrorism risk exposures, and may encourage additional 

capacity in the long term. As the tools insurers use continue to evolve and improve, it is 

reasonable to expect terrorism risk insurance to become more available. 

B.2. Modeling Terrorist Attacks 

Developments in Probabilistic Modeling 

In addition to the approaches discussed in section B.1, probabilistic models are 

also used by insurance companies to evaluate and manage risk exposure. These models 

not only estimate the severity of an event (amount of insured losses), but the frequency of 

an event (how often, where, and what type). Unlike the models described in section B.1 

that broadly estimate the severity of risk exposure, probabilistic models focus on the loss 

potential under various scenarios (e.g., the likelihood or probability of an attack at a 

given target, using a specific mode of attack, over a certain period of time). The models 

are used to develop loss probability distributions, also called loss exceedence curves. 

36 The American Insurance Association also noted that availability of capacity will remain in accord with 

sound risk management practices, driven largely by accumulation management. American Insurance 

Association, Comments to the PWG dated April 21, 2006. 

37 Aon Corporation, Comments to the PWG dated April 21, 2006; American Academy of Actuaries’ 

Terrorism Risk Insurance Subgroup, Comments to the PWG dated April 21, 2006; Standard & Poor’s, 

“Updated Process To Provide Better Information for Evaluation (Re)Insurers Terrorism Exposure,” 

RatingsDirect, June 8, 2006. 

23 
 

 

Unlike probabilistic modeling of natural disasters based on historical data and 

scientific research, there have been few terrorism incidents in the U.S. upon which to 

perform actuarial analysis in modeling terrorism frequency. In addition, terrorism is an 

intentional, man-made peril with inherent uncertainties. To compensate, modelers use 

data from the Department of State, Federal Bureau of Investigation, and other sources 

which provide information on attacks, prevented attempts, weapons, and terrorist groups. 

In addition to this historical data, modeling firms use counter-intelligence experts (many 

with intelligence backgrounds) who specialize in terrorism threat assessment. Various 

methodologies are used to determine the probabilities of attack; examples include 

methods based on game theory that parameterize terrorist strategic behavior and adaptive 

response to deterrence, and the Delphi method (developed by the RAND Corporation 

during World War II), in which expert opinions are statistically combined into probability 

distributions. 

Probabilistic models continue to evolve and extend the ability to analyze possible 

targets and attack modes. Under the current state of modeling practice, probabilistic 

models are updated annually for changes in risk assessment. Finding a viable way to 

share government intelligence with modelers and their experts has been suggested as a 

way to improve terrorism modeling.38 Over time, probabilistic models are expected to 

continue to evolve as knowledge and experience grows. 

Skeptical of their reliability, insurers do not appear to be placing much weight on 

the probabilistic models at this time. A.M. Best reports that among surveyed insurers, 

only 19 percent reported using probabilistic modeling while 62 percent did not.39 As the 

NAIC pointed out during consultations, the ability to model frequency is uncertain and 

untested, and some regulators have even challenged advisory organization loss cost 

filings based on such models. While insurers and reinsurers are willing to allocate some 

capacity to terrorism risk with untested probability models or by making their own 

internal probability assessments, given the degree of uncertainty associated with these 

modeling efforts, there may be limits in the confidence insurers may place on such 

models. Many commenters (e.g., the Reinsurance Association of America) highlighted 

the fact that allocating additional capacity is tied to determining potential frequency and 

severity. Marsh, a leading risk and insurance services firm, explains that terrorism 

modeling is still in its infancy, but that insurers, reinsurers, and modeling firms are 

learning more each day.40 If the ability of insurers to better judge frequency and severity 

improve as the models continue to develop over time, and as insurers’ confidence grows 

and they begin to use them, it is reasonable to expect terrorism insurance to become more 

available as capacity grows. 

38 Peter Ulrich, Testimony before the Intelligence, Information Sharing, and Terrorism Risk Assessment 

Subcommittee of the Committee on Homeland Security and the Oversight and Investigations 

Subcommittee of the Committee on Financial Services of the House of Representatives, U.S. House of 

Representatives, “Terrorism Threats and the Insurance Market,” July 25, 2006. 

39 A.M. Best, Special Report, “Terrorism: Too Risky Without TRIA?,” December 2005. 40 Marsh Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 

24 
 

 

Conclusion 

An understanding of the potential frequency and severity of terrorist attacks is 

important for insurers to properly evaluate their risk exposure. Improvements in 

modeling frequency of terrorist attacks have likely had positive impact on insurers’ 

willingness to provide coverage for terrorism. As further improvements occur over time, 

it is reasonable to expect further positive impact on market development. However, 

unlike other catastrophic exposures (e.g., natural disasters) where there are more refined 

methods of modeling frequency, modeling the frequency of terrorism risk relies largely 

on analysis of terrorist behavior. Given the nature of these modeling efforts and the 

uncertainty attached to these probability estimates, the degree of confidence insurers will 

place in these modeling efforts in evaluating their risk exposures is difficult to evaluate. 

B.3. Reinsurance 

More Reinsurance Capacity Continues to Be Allocated to Terrorism Risk 

Reinsurance plays an important role in the availability of terrorism risk insurance. 

If direct insurers are able to transfer terrorism risk to others (such as reinsurers), the 

amount of capital otherwise tied to that risk is then available to issue more policies (see 

section B.4). Capacity increases when reinsurance markets are available and when 

insurers access those markets. 

Reinsurance for terrorism risk all but vanished on September 11, as reinsurers 

withdrew from the market. The reinsurance market for terrorism risk insurance, which 

functions independent of TRIA (which does not cover reinsurance losses), appears to be 

following a basic pattern of insurance market behavior typically observed after any large 

insurance catastrophe.41 As discussed earlier in this report, following a large catastrophe, 

insurers and reinsurers typically react by reevaluating their portfolios and risk exposures, 

often declining to renew or issue new policies until the company’s exposure and appetite 

for risk is re-assessed. During this period of re-evaluation, the supply of insurance is 

generally restricted and prices rise for the more limited capacity that is still available. On 

the demand side, in many cases demand for coverage increases as policyholders re-assess 

their individual exposure and coverage. Increased demand and increased prices (and 

potential returns) attract new capital, both from existing and new market participants. 

Eventually, insurers and reinsurers re-commit capacity, although it may be re-distributed 

in some manner as the result of their re-assessment of risk exposures. The reinsurance 

market has generally followed this trend as there has been some return of private 

reinsurance market capacity in the 5 years after September 11. 

41 David Cummins, “Should the Government Provide Insurance for Catastrophes?” Federal Reserve Bank 

of St. Louis REVIEW (July/August 2006); U.S. Department of Treasury, Report to Congress, “Assessment: 

The Terrorism Risk Insurance Act of 2002,” (June 30, 2005), p. 27, noting that market behavior following 

the September 11 attacks was generally consistent with the beginning stages of an underwriting or loss 

cycle typical in response to a catastrophic loss shock. 

25 
 

 

 

 

 

 

 

Data on reinsurance capacity for terrorism risk is limited to surveys and estimates 

of trade groups, brokers, and industry participants. Perhaps the most commonly cited 

source is a survey of reinsurance brokers and underwriters by the Reinsurance 

Association of America (RAA). The RAA estimates that currently the global reinsurance 

capacity available in the U.S. for terrorism risk at current market conditions is between 

$6-$8 billion.42 The RAA’s most recent estimates indicate an increase from the 

approximate $4-$6 billion in terrorism risk reinsurance capacity that was available in 

2005.43 An important point in interpreting these estimates is that they are constructed at 

current market conditions, which indicates reinsurers’ willingness to provide capacity at 

current market prices. These estimates would not appear to reflect the willingness of 

reinsurers to make capacity available under different market conditions. 

Other industry participants broadly agree with the RAA’s evaluation of currently 

available reinsurance capacity for terrorism risk. Swiss Re, a top global reinsurer, and 

Aon Corporation (Aon), a leading risk management service provider and insurance and 

reinsurance broker, reported to the PWG that the total private reinsurance market 

capacity for terrorism risk is in the range of $6-$8 billion today.44 This capacity is 

available for conventional terrorism risks. The RAA, Swiss Re, and Aon estimate that 

apart from the $6-$8 billion of available reinsurance, another $900 million to $1.6 billion 

of reinsurance capacity is available and is being used to reinsure CNBR terrorism risks.45 

In addition to the $6-$8 billion in capacity from traditional reinsurers, some 

terrorism risk capacity may be emerging from capital market participants. It was reported 

to the PWG that hedge funds and other investors have some capacity available for 

terrorism risk. Aon estimates the potential capital of hedge funds and other investors to 

be in the range of around $2-$3 billion (albeit at prices generally higher than traditional 

reinsurers charge).46 The RAA, in reporting on its survey of reinsurers and brokers, 

stated that it estimates potential hedge fund capacity to currently be approximately $3-$4 

billion.47 

42 Reinsurance Association of America, Comments to the PWG dated April 21, 2006. The RAA’s estimate 

is developed by contacting key reinsurance providers to determine what capacity is available. Their 

estimate includes both standalone and multi-peril treaty reinsurance. Reinsurance Association of America, 

Comments to the PWG dated April 21, 2006.

43 Franklin W. Nutter (President, Reinsurance Association of America (RAA)), Testimony before the 

Committee on Banking, Housing and Urban Affairs, U.S. Senate, “Oversight of the Terrorism Risk 

Insurance Program,” April 14, 2005; American Insurance Association, Comments to the PWG dated April 

21, 2006, citing an estimated $4 to $6 billion in reinsurance capacity during 2005; Wharton Risk 

Management and Decision Processes Center, “TRIA and Beyond,” The Wharton School, University of 

Pennsylvania, August 2005, estimating 2005 reinsurance capacity at $5 to $6 billion based on its own 

survey. 

44 Swiss Re, Comments to the PWG dated April 20, 2006; Aon Corporation, Comments to the PWG dated 

April 21, 2006. 

45 Reinsurance Association of America, Comments to the PWG dated April 21, 2006; Swiss Re, Comments 

to the PWG dated April 20, 2006; Aon Corporation, Comments to the PWG dated April 21, 2006. 

46 Aon Corporation, Comments to the PWG dated April 21, 2006. 

47 Reinsurance Association of America, Comments to the PWG dated April 21, 2006. The RAA’s 

comment on potential hedge fund capacity was qualified, however, as it questions whether any transactions 

accessing this potential capacity will develop. 

26 
 

 

 

Capital market instruments, such as catastrophe bonds, also provide a potential 

mechanism for transferring terrorism risk to capital market investors. Approximately 

$1.9 billion in natural catastrophe bond transactions that took place during 200548, and all 

insurance-linked debt outstanding reportedly totals about $20 billion.49 Current levels of 

capital market participation in insurance-linked transactions represent a small fraction of 

the capital available to hedge funds and other capital market investors. Whether capital 

enters the market through catastrophe bonds, insurance swaps, or, more directly through 

financially-backed offshore reinsurance vehicles, capital market investors present a 

potential capital source. However, there are often cited potential limits to greater capital 

market participation in the market for terrorism risk reinsurance, even in comparison to 

natural catastrophe reinsurance. In general, some investors may be attracted to natural 

catastrophe exposures because such exposures my not be correlated with general market 

conditions. In contrast, a large-scale terrorist attack may be positively correlated with 

overall market conditions – and such uncertainty (given limited experience) may limit the 

desirability of such investments for some capital market participants. However, capital 

market investors are attracted to potentially higher returns. Long term, more capital 

market capacity may emerge if insurers become more willing to pay higher prices for 

such reinsurance.50 

It is important to remember that all of these estimates are of reinsurers’ 

willingness and capital market interest to provide capacity at current market prices. 

These estimates do not reflect estimates of capacity that may become available under 

different market conditions.51 

Currently, Insurers Do Not Appear Willing to Purchase Much Reinsurance Which 

Affects Capacity Even at Current Market Conditions 

The amount of reinsurance capacity allocated for terrorism risk also depends on 

the willingness of insurers to purchase coverage. Much like the decision of individual 

policyholders on how much insurance to purchase, insurers make a similar decision 

regarding reinsurance that is based on their perception of risk, price of coverage, and 

ability to manage risk. 

The 2005 Treasury study found that the share of insurers purchasing some 

reinsurance for certified acts of terrorism dropped from 70 percent in 2003 to 65 percent 

48 Franklin W. Nutter, (President, Reinsurance Association of America), Testimony before the Terrorism 

Insurance Implementation Working Group, National Association of Insurance Commissioners, March 29, 

2006. 

49 Swiss Re, Comments to the PWG dated April 20, 2006. 

50 It is not clear that what form capital market capacity may take. Some question whether it will be through 

catastrophe bonds, citing rating agency failure to rate the instruments and the correlation to other sector 

disruptions. See Reinsurance Association of America, Comments to the PWG dated April 21, 2006. What 

is important, however, is the reported development of capital market capacity rather than the particular 

mechanism, whether through bonds or newly-formed, investor-backed reinsurance entities. 51 Based on PWG consultations with reinsurer groups. 

27 
 

 

 

 

 

 

 

in 2004, but rose to 75 percent in early 2005.52 Similarly, A.M. Best’s 2004 surveys 

revealed that 59 percent of insurers purchased private reinsurance for their terrorism risk 

retention while 38 percent did not purchase any reinsurance, and 3 percent did not 

respond to the question.53 

Examining reinsurance purchase by broad lines, Treasury found that a fairly 

consistent percentage of insurers did not buy any reinsurance for their TRIA retention: 

over 30 percent of insurers writing property coverage in 2004, more than 20 percent of 

insurers writing liability policies, and between 20 and 30 percent of insurers writing 

workers’ compensation programs. Workers’ compensation was the only area between 

2003 and 2004 where more reinsurance was purchased. A.M. Best’s 2004 surveys found 

that 83 percent of those that did purchase reinsurance were medium and large insurers.54 

The Treasury study found that large insurers reinsured a much smaller percentage of their 

exposure in TRIA-covered lines than did small and medium insurers.55 This last result is 

probably due to greater diversification of large insurers. 

Reasons why insurers do not purchase more reinsurance coverage for terrorism 

risk insurance (even at modest amounts) are difficult to pinpoint conclusively, but it 

appears that pricing and comfort with their own risk exposures are factors. Based on a 

2005 survey, Moody’s reported that “[a]lmost universally, companies are not purchasing 

private reinsurance specifically for terrorism losses in the TRIA retention layer.” The 

surveyed insurers said that while this coverage was available, they were not using it 

because it was priced too high. Most insurers are obtaining some reinsurance coverage 

from private reinsurers for terrorism losses under their property reinsurance or casualty 

treaties. However, Moody’s concluded that: “Consistent with our 2003 survey, Moody’s 

would still characterize the proportion of terrorism risk being shifted from primary 

insurers to private market reinsurers as low.”56 As discussed below, TRIA appears to 

have had a negative impact on the demand for reinsurance. 

Marsh reported in its most recent 2006 Marketwatch report that the main reasons 

insurers were not buying reinsurance were: cost; adequate coverage in existing 

reinsurance treaties; the inability to pass on reinsurance costs to policyholders; limited 

52 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 5, 112-113.

53 A.M. Best, Special Report, “Terrorism: Too Risky Without TRIA?,” December 2005. 54 A.M. Best, Ibid. 55 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 114-120. The definitions of “large” and “small” insurers used in the A.M. 

Best and Treasury studies are not directly comparable. The Treasury study defines insurer size classes in 

terms of total assets, while the A.M. Best’s survey defines insurer size classes in terms of total surplus. An 

approximate method used to translate surplus into the corresponding value of total assets suggests that all 

insurers in A.M. Best’s small and medium size classes, and some of those considered by A.M. Best to be 

large insurers, would be categorized as small insurers for the purposes of the Treasury survey. Furthermore 

the A.M. Best survey question was addressed to a slightly different population of insurers. The size-related 

results from the Treasury and A.M. Best surveys appear to be compatible once these differences are taken 

into account. 

56 Moody’s Investors Service, Special Comment, “Terrorism Risk Remains Material for Insurers as TRIA 

Expiration Looms,” June 2005. 

28 
 

 

 

 

capacity/limits at affordable rates; better control of aggregate exposures; comfort with 

their TRIA retentions; and insufficient coverage for CNBR.57 Aon reports that although 

the market for terrorism reinsurance has softened since January 2002 and standalone and 

“all risk” property insurers are able to purchase some coverage, price is still perceived as 

relatively high and the lack of reinsurance at affordable prices has deterred new market 

entrants. In addition, Aon points to Berkshire Hathaway as a source of “considerable 

available capacity,” but that insurers have found the pricing too high.58 

Long Term, Additional Terrorism Reinsurance Capacity Depends on Improved 

Modeling and the Willingness of Insurers to Pay Higher Prices 

Reinsurers decide how to allocate their capital, both between U.S. and non-U.S. 

markets, within the U.S. market, and among the types of insurance to be reinsured (e.g., 

between natural disasters and terrorism risk). Some reinsurers also issue primary 

insurance through affiliates and, as a result, allocate capacity between reinsurance and 

primary terrorism risk insurance. Pricing (a function largely of demand), loss experience, 

and the ability to predict frequency of loss are among the key determinants in reinsurers’ 

capital allocation decisions and the willingness of other capital providers (e.g., through 

catastrophe bonds) to allocate capital to terrorism risk.59 As Swiss Re noted in comments 

to the PWG, new capital is allocated where potential return on capital is substantial and 

secure in terms of being able to project expected losses.60 When severity and variations 

are difficult to quantify, such as with terrorism risk, the return on capital needs to be 

higher in light of the uncertain and potentially large risk exposure. 

Marsh reports that reinsurers put limited capital at risk for terrorism exposures, 

given their lack of confidence in how to underwrite, model, or price for this peril.61 It is 

not clear to what extent reinsurers are modeling terrorism risk. In December 2005, A.M. 

Best reported that very few reinsurers responded to its SRQ’s questions about 

aggregation risk exposure.62 Based on consultations with reinsurers and the comments 

received, reinsurers – like primary insurers – are using accumulation models (together 

with standalone reinsurance contracts) and are relying less on probabilistic models. 

Overall, the RAA reports that improved techniques of understanding and managing these 

exposures have encouraged some additional incremental capacity in the reinsurance 

market. The RAA states that not much additional improvement can be expected, 

however, largely because reinsurers continue to have difficulty estimating the expected 

frequency of events.63 

57 Marsh Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 58 Aon Corporation, Comments to the PWG dated April 21, 2006. 

59 Swiss Re, Comments to the PWG dated April 20, 2006. Swiss Re explained that in making pricing and 

capacity allocation decisions, reinsurers consider: experience with the risk such that frequency and severity 

of expected losses can be projected, including variations from norms; sufficient economic incentives (i.e., 

return on capital); and the ability to limit exposure. 60 Swiss Re, Ibid. 61 Marsh Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 62 A.M. Best, Special Report, “Terrorism: Too Risky Without TRIA?,” December 2005. 63 Reinsurance Association of America, Comments to the PWG dated April 21, 2006. 

29 
 

 

Reinsurers do have the ability to limit their overall exposure through the terms of 

reinsurance contracts. In order to establish their capacity for terrorism risk reinsurance, 

underwriters generally evaluate their surplus position to determine an amount of capital 

that they can reasonably put at risk to cover terrorism exposure. Then they carefully 

underwrite to manage aggregate exposure to potential terrorism loss events within the 

established limits.64 One way reinsurers manage this exposure is by putting the capital 

they will offer into standalone contracts.65 In this way, reinsurers can assess and manage 

their terrorism exposures on a contract-by-contract, individual risk-by-risk basis, rather 

than by reinsuring an entire portfolio of policies (e.g., reinsurance treaties) without a clear 

appreciation of the total exposure. For workers’ compensation, terrorism coverage is 

generally placed within their overall catastrophe programs. Some regional insurers with 

exposures outside cities and business centers secure coverage in their standard 

reinsurance programs usually with some limitations.66 

The challenges in quantifying potential losses from acts of terrorism (see section 

B.2) and a general reluctance of insurers to pay higher prices for terrorism risk insurance 

have a negative impact on the amount of capacity reinsurers are willing to provide.67 For 

example, several stakeholders pointed to Berkshire Hathaway (National Indemnity) as 

having considerable available capacity, yet it is almost always prefaced with the 

explanation that Berkshire Hathaway requires a price that many direct insurers find too 

high.68 During consultations, reinsurers explained that a willingness by insurers to 

purchase reinsurance at a sufficient price would attract some additional capacity into the 

market. Swiss Re believes that capacity will not substantially increase in the foreseeable 

future due to a number of challenges, including low market penetration and insufficient 

returns to reinsurers (especially in light of the uncertainties in predicting frequency).69 In 

comments to the PWG, Liberty Mutual explained it this way: 

There is an inverse relationship between availability and affordability. In 

order to increase availability, we need to attract new capital. In order to 

attract new capital, we need to provide investors a return on that capital 

commensurate with the risk that they may lose that capital. Such new 

capital may be available at a price that customers are not willing to pay.70 

The presence of subsidized Federal reinsurance through TRIA appears to 

negatively affects the emergence of private reinsurance capacity because it dilutes 

demand for private sector reinsurance.71 The Lloyd’s of London market commented that 

TRIA appears to have a negative influence on some demand for reinsurance and that it is 

possible that the withdrawal of TRIA after 2007 will encourage the development of some 

64 Reinsurance Association of America, Ibid. 65 Marsh Inc., Comment to the PWG dated April 20, 2006; Reinsurance Association of America, Ibid. 66 Reinsurance Association of America, Ibid. 67 See generally, Swiss Re, Comments to the PWG dated April 20, 2006. 

68 Aon Corporation, Comments to the PWG dated April 21, 2006. 

69 Swiss Re, Comments to the PWG dated April 20, 2006. 

70 Liberty Mutual Group, Comments to the PWG dated April 21, 2006. 

71 See generally, U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk 

Insurance Act of 2002,” (June 30, 2005). 

30 
 

 

 

 

limited private market solutions, especially in a favorable claims environment; however, 

significant growth to the point at which reinsurance is generally available at prices that 

insurers are prepared to pay appears questionable, in Lloyd’s view.72 In early 2005, the 

Wharton Risk Center collaborated with two leading insurance company trade groups in 

surveying 40 member companies, 10 of which responded to the question: “How much 

reinsurance would your company want to purchase if TRIA is not renewed?” Not one 

insurer said it would buy less reinsurance; 9 insurers indicated that they would purchase 

more reinsurance, while 1 insurer said it would maintain the same level of reinsurance.73 

As estimates of current reinsurance capacity reflect current market conditions, they do 

not appear to reflect the willingness of reinsurers to supply more capacity under different 

market conditions. 

Conclusion 

The terrorism risk reinsurance market has improved since the aftermath of 

September 11. Reinsurers have gradually allocated more capital to the terrorism risk due 

to improvements in the market (better understanding and modeling of the risk, primary 

insurers’ management of accumulations, favorable loss experience, and pricing), and 

available capacity continues to increase year to year. Long term, if insurers were willing 

to pay higher reinsurance costs and were willing to pass along those costs to 

policyholders, additional reinsurance capacity would likely enter the market and 

alternative risk transfer mechanisms might develop. Like other markets, the supply curve 

for reinsurance is generally upward sloping (quantity supplied increases with price). 

However, even with improvements in pricing, given the nature of evaluating the 

probability of loss through models, it is difficult to speculate on the amount of 

reinsurance capacity or capital from other sources that may be available for terrorism 

risk. 

B.4. Terrorism Risk Insurance Market 

Policyholder Surplus and Available Capital Have Increased 

The amount of terrorism risk insurance an insurance company may be willing to 

provide is based on its “book of business” (types of insurance, locations, etc.), appetite 

for risk, use of reinsurance, available capital, and (as noted in sections B.1 and B.2), its 

ability to understand risk exposures. A key determinant in how much risk an insurer is 

willing to assume is the strength of its capital. Property and casualty insurers maintain a 

certain amount of capital in order to underwrite a certain level of risk, with the amounts 

of capital determined by a combination of state insurance regulations, rating agency 

requirements, and an insurer’s own tolerance for risk. As with other businesses, the 

capital of insurance companies is measured by net worth (its assets less its liabilities), and 

72 Lloyd’s of London, Comments to the PWG dated April 21, 2006. 

73 Wharton Risk Management and Decision Processes Center, “TRIA and Beyond,” The Wharton School, 

University of Pennsylvania, August 2005. 

31 
 

 

 

 

 

it is also broadly referred to as “policyholder surplus.”74 Policyholder surplus is 

generally thought of as the amount of capital an insurer keeps to cover the claims and 

expenses expected to come from the policies it issues. The amount of capital maintained 

by insurance companies is also often referred to as “capacity” in that it dictates the 

amount of insurance the insurer is able to issue.75 Accordingly, capacity to underwrite 

insurance, including terrorism insurance, is tied to the financial status of the property and 

casualty industry as a whole, and insurance companies individually. As shown in the 

table below, policyholder surplus industry-wide has returned and now exceeds preSeptember 11 levels. 

0 

50 

100 

150 

200 

250 

300 

350 

400 

450 

$ Billions 

2000 2001 2002 2003 2004 2005 

Property-Casualty Policyholder Surplus Levels 

Source: NAIC 

As measured by the NAIC, policyholder surplus retained by property and casualty 

insurers grew from approximately $287.5 billion at year end 2002 to $427 billion at yearend 2005.76 At the end of first half of 2006, policyholder surplus is estimated by A.M. 

Best to be $450.5 billion77, and is projected by Marsh to reach $467.8 billion by year 

end.78 The decline in policyholder surplus over 2001 and 2002 was driven in large part 

by the insured losses from the September 11 terrorist attacks and reduced investment 

returns. Over time, industry policyholder surplus levels have increased well beyond 

2001-2002 levels, even following large natural catastrophe losses in 2005, which were 

74 Wharton, Ibid. 75 Financial Services Fact Book 2006, Insurance Information Institute, p. 70. 

76 Information provided by the National Association of Insurance Commissioners. A.M. Best estimated 

policyholder surplus at $444.5 billion through first quarter 2006, up from its year-end 2005 surplus 

calculation of $438.7 billion. A.M. Best, Special Report, “First-Quarter 2006 P/C Underwriting Results 

Improve From Year-End 2005,” August 2006.

77 “U.S. P/C Reports Underwriting Profit in First Half of 2006,” BestWire, September 15, 2006. 78 Marsh Inc., “U.S. Insurance Market Report Third Quarter 2006,” September 2006, p. 5. 

32 
 

 

 

more than offset by investment returns and industry profits.79 As Treasury pointed out in 

its 2005 study (and as discussed earlier in this report), the dip in surplus in 2001 and 2002 

followed by increases in the subsequent years reflect the typical insurance market 

response following a large catastrophic event. Initial losses negatively affect surplus 

levels, which limits the supply of insurance and increases prices.80 Higher prices rebuild 

surplus, attract new capital, increase capacity and the insurance supply, and prices begin 

to fall. As the data below suggest, in terms of the long-term availability and affordability 

of terrorism insurance going forward, the effects of the September 11 losses on the 

financial capabilities of the industry are no longer a factor. Other factors discussed in this 

report, however, remain. 

Policyholder surplus generally increases as insurance company profits increase, 

and some portion of the increase in policyholder surplus should be related to profits 

earned on providing terrorism risk insurance (for those that charged premiums for the 

coverage). This is especially true as there have been no claims for terrorism losses in the 

U.S. to offset premium collections. The 2005 Treasury report estimated that based on 

NAIC and survey data, terrorism insurance premiums, excluding workers’ compensation, 

were roughly $700 million in 2002, $2.3 billion in 2003 and $2.7 billion in 2004.81 

Based on a more limited sample, A.M. Best reported that the amount of terrorism 

premiums, including workers’ compensation, received during 2004 by 155 insurers 

responding to their SRQ was $1.097 billion, and that from that about $800 million in 

annual after-tax terrorism premiums had been added to surplus. Even applying A.M. 

Best’s conservative figure, assuming this to have been roughly constant and representing 

the industry as a whole, the industry increased policyholder surplus by a total of 

approximately $1.7 billion during 2002 through 2004, as a result of premiums for 

terrorism.82 Based on the 2005 Treasury study and A.M. Best’s survey, it appears that 

somewhere in the range of $3-$8 billion in terrorism risk insurance premiums have been 

collected through 2005, and a significant portion of these premiums should have accrued 

to policyholder surplus. In addition, premiums that accrue to policyholder surplus also 

grow over time with an insurance company’s investment returns, which should further 

increase direct capacity available to underwrite terrorism risk in excess of the 

approximate $3-$8 billion in collected terrorism risk insurance premiums. By way of 

comparison, the RAA estimates that the total aggregate reinsurance market capacity was 

approximately $4-$6 billion last year and is approximately $6-$8 currently (see section 

B.3). 

79 A.M. Best, Special Report, “U.S. P/C Industry Reports Operating Profit in 2005 Despite Record-High 

Catastrophe Losses,” May 2006. 

80 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), p. 15. 

81 U.S. Department of Treasury, Ibid., p. 63. 82 A.M. Best, Special Report, “Terrorism: Too Risky Without TRIA?,” December 2005. 

33 
 

 

Insurer Retentions Have Increased Under TRIA 

Over the same post-September 11 period in which the property and casualty 

industry’s financial health improved, insurer retentions under the TRIA Program have 

increased. 

As discussed in section I.A, each insurance company participating in the TRIA 

Program first retains a certain aggregate amount of any claims covered by the terrorism 

risk insurance policies it issues before becoming eligible for Federal reinsurance 

payments under the TRIA Program. Once that threshold amount of paid claims, or 

deductible, is met, the insurance company pays 10 percent (in 2006) and 15 percent (in 

2007) of additional losses, and the TRIA Program pays the rest (not exceeding the $100 

billion aggregate insured loss cap). 

An insurer’s TRIA deductible remains constant no matter how much terrorism 

risk insurance coverage it sells because the deductible base is the previous year’s sales of 

commercial property and casualty insurance, not just terrorism insurance.83 Thus, each 

insurer has at least that much capital, up to its own deductible, that could potentially be 

exposed to terrorism risk insurance losses. Still, each insurance company decides how 

much of its capital to allocate to terrorism risk knowing that below its TRIA deductible it 

will be responsible for the losses without the help of the Federal government. The 

amount of policyholder surplus and the availability of reinsurance factor into such 

decisions. 

The insurer’s deductible has gradually increased through the life of the 5-year 

TRIA Program. The insurer deductible, as a percentage of the prior year’s direct earned 

premiums, has risen from 7 percent in 2003, to 10 percent in 2004, 15 percent in 2005, 

17.5 percent in 2006, and 20 percent in 2007. 

TRIA (TRIEA) Deductible 

Percentage of Prior Year Direct Earned Premiums 

0 

5 

10 

15 

20 

25 

2003 2004 2005 2006 2007 

Percent 

83 Commercial property and casualty insurance, under TRIA and Treasury’s regulations, includes insurance 

whose premiums are generally reported to state insurance regulators under the following lines of business 

on the NAIC Annual Statement Exhibit of Premiums and Losses (commonly known as Statutory Page 14): 

Line 1 – Fire; Line 2.1 – Allied Lines; Line 5.1 – Commercial Multiple Peril (non-liability portion); Line 

5.2 – Commercial Multiple Peril (liability portion); Line 8 – Ocean Marine; Line 9 – Inland Marine; Line 

16 – Workers’ Compensation; Line 17 – Other Liability; Line 18 – Products Liability; Line 22 – Aircraft 

(all perils); and Line 27 – Boiler and Machinery. 31 C.F.R. §50.5(n). 

34 
 

In addition to the annual increases in the deductible percentage, between 2003 and 

2004 industry aggregate direct earned premiums (DEP) also increased (as shown on the 

table below).84 Yet although direct earned premium in TRIA lines decreased between 

2004 and 2005 as a result of fewer lines or types of insurance remaining in the TRIA 

Program (see section I.A), the aggregate insurer deductible remained stable at 

approximately $32 billion in 2005 and $31.8 in 2006, according to data from A.M. 

Best).85 As the TRIA deductible increases to 20 percent in 2007, one would expect that 

the aggregate insurer deductible will likely increase. Assuming direct earned premium 

from TRIA lines remains constant in 2006, the 2007 insurer deductible would be about 

$36.4 billion. 

Previous Year Direct Earned Premiums (DEP) in 

TRIA (TRIEA) Lines 

and TRIA (TRIEA) Deductibles 

171 

200 214 

182 182 

20 32 32 36 

12 

-

50 

100 

150 

200 

250 

300 

2003 2004 2005 2006 2007 

$ Billions 

Previous Year DEP TRIA Previous Year DEP TRIEA 

TRIA Deductible TRIEA Deductible 

Source: A.M. Best 

Terrorism Risk Insurance Premiums Have Declined or Remained Relatively Stable 

Approaches used by insurers to quote prices on terrorism insurance vary. Some 

insurers use loss costs determined by insurance rating bureaus, nominal policy 

surcharges, or, as discussed in section B.6, provide the coverage for free. Terrorism risk 

insurance is also priced as a percentage applied against insured value, called “Rate 

Against Total Insured Value”; a percentage of the overall property premium; a percentage 

applied against the loss limit offered in the policy, called “Rate on Line”; or a fixed dollar 

84 Although each insurance company’s deductible is calculated individually, measuring the industry’s 

aggregate deductible provides a rough measure of overall exposure under the assumption of a proportionate 

spreading of losses among all insurers from a terrorist event.

85 The direct earned premium for 2005 includes premium for professional liability, which is not covered 

under TRIA, because its premium is reported for premium reporting purposes as “other liability”, which is 

a line otherwise covered under TRIA. Professional liability is not a separate premium reported line so the 

aggregate premium may be overstated somewhat. 

35 
 

 

 

 

 

amount of premium per million of coverage (“$X per $X million of loss limit”).86 

Regardless of what approach each insurer employs, the most common measures used for 

evaluating pricing on terrorism risk insurance are terrorism risk insurance premiums as a 

percentage against total insured value and as a percentage of overall property insurance 

premiums. These measures demonstrate the general trends since the passage of TRIA are 

of declining or relatively stable terrorism risk insurance premiums. 

Premium as Percent of Overall Premium 

A number of sources indicate that terrorism risk insurance premiums measured as 

a percentage of overall premiums have decreased since the period following September 

11.87 Some specific examples include the following: 

• The 2005 Treasury study found that among insurers who charged for terrorism 

risk insurance the cost as a percentage of overall premium was: 3.7 percent in 

2002, 2.4 percent in 2003, and 3.1 percent by 2004. Surveyed policyholders who 

paid for the coverage reported that it cost 4 percent of premium in 2002, 2.8 

percent in 2003, and 2.7 percent in 2004.88 The Treasury survey of policyholders 

found that by 2004, terrorism risk insurance cost most policyholders, including 

those in high-risk cities, less than 3 percent of the overall premiums, including 

those in high-risk cities.89 

Terrorism Premium as Percent of Overall Premium 

0 

1 

2 

3 

4 

5 

6 

7 

2001 2002 2003 2004 

Reported by Insurers 

Reported by Policyholders 

Policyholders in High-Risk Cities 

Source: Treasury Department 

86 Aon Corporation, Comments to the PWG dated April 21, 2006; Moody’s Investors Service, Special 

Comment, “Terrorism Risk Remains Material for Insurers as TRIA Expiration Looms,” June 2005. 87 See for example, Marsh Inc., Research Report, “Marketwatch: Terrorism Insurance 2006”; Marsh, Inc., 

“Terrorism 2006 – Year to Date,” presentation to PWG staff, July 2006; Marsh Inc., Comments to the 

PWG dated April 20, 2006; Aon Corporation, Comments to the PWG dated April 21, 2006; Aon 

Corporation, “Property Terrorism Update – TRIA in the Balance,” October 2005. 88 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 4, 64. 

89 U.S. Department of Treasury, Ibid., pp. 86-87. 

36 
 

 

 

 

 

 

 

 

 

 

• Aon reported that in late 2005 that TRIA pricing as a percent of property premium 

was about 3 percent.90 While the percentage of premium appears volatile when 

measured quarter-by-quarter (Aon reports a current spike to about 6 percent in the 

second quarter 2006 following about 3 percent in the first quarter), over time the 

percentage has been mostly in the 3 to 5 percent range. 

Median Terrorism Premium

 as Percent of Median Property Premium & TIV 

(as reported by Aon) 

0.0% 

1.0% 

2.0% 

3.0% 

4.0% 

5.0% 

6.0% 

7.0% 

8.0% 

Q103 Q203 Q303 Q403 Q104 Q204 Q304 Q404 Q105 Q205 Q305 Q405 Q106 Q206 

0.00000% 

0.00200% 

0.00400% 

0.00600% 

0.00800% 

0.01000%

 % of Property Premium % of TIV Log. (% of TIV ) Log. ( % of Property Premium) 

Source: Aon 

• Marsh recently reported that there was a moderate reduction in the median 

percentage of a company’s annual property program costs attributable to terrorism 

premiums: 4.2 percent in 2005 from 4.7 percent in 200491, and from the median 

percentage of 4.4 percent in 2003.92 Marsh also did a snapshot of terrorism risk 

insurance pricing in 2006 that showed similar trends but higher rates.93 

90 Aon Corporation, “Property Terrorism Update – TRIA in the Balance,” October 2005. 

91 Marsh Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 

92 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2005.” See also, Marsh, Inc., 

Research Report, “Marketwatch: Property Terrorism Insurance 2004,” reporting a median of 4.36 percent 

during three quarters of 2003. 

93 Marsh’s snapshot of early 2006 shows that terrorism pricing as a percentage of property premiums also 

continued to drop in early 2006, although based on a revised 2005 percent of 4.7 percent based on a 

sampling of roughly 400+ accounts. The median terrorism premium as a percent of property premium 

among a sample of various accounts from January 1, 2006 to May 1, 2006 is reported as having dropped 

from 4.7 percent in 2005 to 4.5 in 2006. A sampling of the year to year comparisons of 189 of the same 

accounts confirmed the trend, though with slightly higher proportional premiums as compared to the wider 

sample of over 400 accounts, from 5.03 percent in 2005 to 4.92 percent in 2006. Marsh, Inc., “Terrorism 

2006 – Year to Date,” presentation to PWG staff, July 2006. 

37 
Percent of Overall Property Premium 

(as reported by Marsh) 

3.9 

4 

4.1 

4.2 

4.3 

4.4 

4.5 

4.6 

4.7 

4.8 

2003 2004 2005 2006 

Marsh Marketwatch Report Marsh Terrorism 2006 - Year to Date 

Source: Marsh 

 

• The AIA confirmed that during 2005, terrorism insurance premiums were 

generally in the range of between 2 and 4 percent of overall premium for 

commercial property policies.94 

• Marsh also examined percentage cost by 15 industry categories. The general 

pattern shows relatively stable terrorism risk insurance pricing across most 

industry categories, with larger percent increases in the financial institution sector, 

and larger decreases in the energy and hospitality sectors. The percentage cost 

also ranged from as high as 9.5 percent for financial institutions to at or below 3 

percent for the manufacturing, food and beverage, and retail sectors, as the chart 

below demonstrates.95 

Terrorism Premium as Percent of Overall Premium 

(as reported by Marsh) 

0 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

Financial Institutions 

Utility

Energy 

Public Entity 

Real Estate

Media 

Transportation 

Education 

Construction 

Hospitality 

Health Care 

Technology/Telecom 

Manufacturing 

Food & Beverage 

Retail 

Percent

2003 

2004 

2005 

Source: Marsh 

94 American Insurance Association, Comments to the PWG dated April 21, 2006. 

95 Marsh, Inc., Research Report “Marketwatch: Terrorism Insurance 2006.” 

38 
 

 

 

 

 

 

 

 

 

 

Premium as Percent of Total Insured Value 

A number of sources have compiled data indicating that premiums for terrorism 

coverage included as part of broader “all risk” property insurance policies and standalone 

terrorism policies have decreased.96 Some specific examples include the following: 

• Marsh found that premium as a percent against Total Insured Value (or “TIV”) 

for terrorism risk insurance included as part of a broader “all risk” property 

policies declined (92 percent of their clients/insureds purchase their terrorism 

coverage as part of property policies).97 The median percent against TIV fell to 

0.0042 percent in 2005 – a 25 percent drop relative to 2004 (0.0057 percent).98 

The percent against TIV had remained unchanged from 2003 to 2004 (0.0057 

percent)99, and during three quarters of 2003, was roughly the same at 0.0056 

percent.100 

• Marsh found that terrorism premiums as a percent against TIV have continued to 

drop in early 2006. In a follow-up survey, Marsh found that the median rate 

among 450-484 surveyed accounts from January 1, 2006 to May 1, 2006 

remained stable from 0.0046 in 2005 to 0.0045 in 2006 though overall the median 

premium increased from $12,500 to $13,145. A fixed sample of 189 accounts 

showed larger decreases in premiums as a percent of TIV between 2005 and 2006. 

Median terrorism rates dropped from 0.0044 percent in 2005 to 0.0038 percent in 

2006.101 

• According to surveys by the Council of Insurance Agents & Brokers, in the 

second quarter of 2006 more policyholders were either seeing no change or a 

decline in terrorism premiums as a percent against TIV – 68 percent. This was up 

from 60 percent who, in the 1st quarter, reported seeing no change or a decline 

from the 4th quarter of 2005.102 

96 See for example, Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006”; Marsh, Inc., 

“Terrorism 2006 – Year to Date,” presentation to PWG staff, July 2006; Marsh Inc., Comments to the 

PWG dated April 20, 2006; Aon Corporation, Comments to the PWG dated April 21, 2006; Aon 

Corporation, “Property Terrorism Update – TRIA in the Balance,” October 2005. 97 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 

98 Marsh, Inc., Ibid. 99 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2005.” 100 Marsh, Inc., Research Report, “Marketwatch: Property Terrorism Insurance 2004.” 101 Marsh, Inc., “Terrorism 2006 – Year to Date,” presentation to PWG staff, July 2006. The fixed 

sample’s median premiums fell significantly from $37,700 in 2005 to $16,750 in 2006. 

102 The Council of Insurance Agents & Brokers, “Commercial Property/Casualty Market Survey Second 

Quarter 2006,” July 2006; The Council of Insurance Agents & Brokers, “Commercial Property/Casualty 

Market Survey First Quarter 2006,” April 2006. The Council of Insurance Agents & Brokers (CIAB)’s 

market index survey found that between April and June 2006, terrorism premium as a percent against TIV 

overall remained fairly steady. Fifty (50) percent reported no change in rates while 18 percent reported a 

decline in rates, and 9 percent reported an increase (7 percent reported an increase of between 1 to 10 

percent). Prior to that, between January and March 2006 terrorism premiums remained fairly steady across 

39 
 

 

 

 

 

• Marsh reported that the median property terrorism rates decreased between 2004 

and 2005, but at slower rates as the size of the company increased. 

− Premiums as a percent against TIV for those companies with TIV less than 

$100 million decreased more than 55 percent. 

− For companies with TIV between $100 million and $500 million, the median 

premium as a percent against TIV decreased 22 percent. 

− For companies with TIV between $500 million and $1 billion, the median 

premium as a percent against TIV decreased 12 percent. 

− For the largest companies – those with TIV more than $1 billion – the median 

premium as a percent against TIV rate reduction was 6 percent.103 

• Marsh also reports that median premiums as a percent against TIV decreased for 

12 of the 15 industry categories between 2004 and 2005. The 3 industry 

categories that did not experience declines were Financial Institutions, Utilities, 

and Education.104 

• Reports also indicate that premiums as a percent against TIV for terrorism risk 

insurance sold as a separate standalone policy and not as part of broader property 

insurance policies, have also decreased.105 Overall standalone premiums as a 

percent against TIV declined between 40 and 50 percent since 2002. Risks with 

locations in capacity “hot spots” (New York City, Chicago, and San Francisco) 

are an exception, with premiums as a percent against TIV ranging from 0.025 

percent to 1 percent on total values.106 

The above data illustrating general declines or stability in terrorism risk insurance 

pricing are mostly based on market outcomes observed by brokers and others. Given that 

many of the policyholders surveyed may be relatively large companies, state insurance 

regulation may not have played a major role in pricing for these policyholders (see 

section B.5 for additional details on the interaction of state insurance regulation with 

terrorism risk insurance). In terms of states or markets where price regulation is more 

all regions of the country. Forty-eight (48) percent reported no change, while 19 percent reported a decline, 

and 12 percent reported an increase (10 percent reported an increase of between 1 to 10 percent). 103 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 104 Marsh, Inc., Ibid. 105 Standalone terrorism insurance provides broad coverage beyond TRIA certified acts coverage and 

beyond covering U.S. risks. Standalone coverage provides global coverage and includes a broad definition 

of terrorism. Although there are variations, the most common T3 policy form defines “terrorism” as “An 

act of terrorism means an act, including the use of force or violence, of any person or group(s) of persons, 

whether acting alone or on behalf of or in connection with any organization(s), committed for political, 

religious or ideological purposes including the intention to influence any government and/or to put the 

public in fear for such purposes.” The T3 form excludes NBCR losses. Aon Corporation, “Property 

Terrorism Update – TRIA in the Balance,” October 2005; materials provided by the Lloyd’s Market 

Association. The standalone insurance market both at times competes with “all risk” property insurers that 

provide TRIA coverage and at other times complements the TRIA coverage. Marsh, Inc., Research Report, 

“Marketwatch: Terrorism Insurance 2006.” 106 Aon Limited, Aon Crisis Management, “Standalone Terrorism Insurance Market Update,” March 2006; 

Aon Corporation, Comments to the PWG dated April 21, 2006. 

40 
 

 

 

 

prevalent, the general trend since the passage of TRIA has been either stable or slightly 

higher loss cost approvals.107 

• Insurance Services Office, Ltd., (ISO)108 terrorism (certified acts) initial advisory 

loss costs, as approved by regulators for years 2003 through 2005, with TRIA in 

place, generally remained steady at $0.03 per $100 of property value in Tier 1 

locations (highest risk), $0.018 per $100 in Tier 2 locations (moderate risk); and 

$0.001 in Tier 3 (low risk).109 In Tier 1 cities, ISO filed revised loss costs by zip 

code that distinguished downtown areas. At the end of 2004, ISO developed 4 

risk level classifications with ranges as follows: First level (highest-rated) 

$0.027-$0.075; Second level $0.018-$0.027; Third level $0.009-$0.018; and the 

Fourth level $0.005-$0.009.110 Areas are classified by zip code and some 

locations have been re-assessed (due to modeling of CNBR exposure) and reclassified at different risk levels, which may increase or lower the loss cost used 

by insurers with their rates.111 

• In New York, approved terrorism loss cost for building coverage (property only) 

rose from $0.030 in 2003-2004 to $0.041 in 2005-2006 for Tier 1 locations 

(Manhattan, 59th Street and below); from $0.018 to 0.021 over that same period 

for Tier 2 locations (City boroughs), and Tier 3 (the remainder of State) has 

remained at $0.001 over the same period.112 In Washington, D.C., approved loss 

costs for 2005 were $0.075 in high-risk zip code areas and $0.036 in the reminder 

of the City.113 These loss costs remain unchanged for 2006.114 

• National Council on Compensation Insurance, Inc.115 (NCCI) terrorism loss costs 

and rates for workers’ compensation remained fairly stable.116 The 2006 median 

rate is $0.02 per $100 of payroll in the voluntary market (the highest being $0.05 

107 “Loss costs” are that part of an insurance rate that cover expected claims and claim adjustment expenses. 

They are typically filed by insurance advisory organizations with state insurance departments for approval. 

Generally, once loss costs are approved, insurance companies in the admitted market may use them, adding 

on to them other expenses (underwriting, etc.) and profit, in arriving at its filed rate. 108 ISO is an insurance advisory organization. 

109 Tier 1 included New York City, San Francisco, Washington, D.C., and Chicago; Tier 2 included Boston, 

Seattle, Los Angeles, Houston, and Philadelphia; and Tier 3 was the rest of the country. 

110 In the anticipation that TRIA was to expire in December 2005, ISO also prepared higher loss costs, as 

follows: First level (highest-rated) $0.03-$0.10; Second level $0.02-$0.03; Third level $0.01-$0.02; and 

the Fourth level $0.005-$0.01. 

111 Information provided by Insurance Services Office, Ltd. 112 Information provided by the New York State Insurance Department. Figures are for property building 

coverage only. Other loss costs apply to contents coverage, habitational classes, liability coverage and 

business owners policies. Also, terrorism premiums in New York are subject to a cap such that terrorism 

premium cannot exceed 25 percent of the overall policy premium. 113 Similar to New York, terrorism premiums in the District cannot exceed 25 percent of the overall policy 

premium.

114 Information provided by the Office of the Commissioner of the District of Columbia Department of 

Insurance, Securities and Banking.

115 NCCI is an insurance advisory organization focused on workers’ compensation insurance. 116 In the involuntary market, NCCI files rates and not loss costs. 

41 
 

 

 

 

 

 

 

 

in Washington D.C.) and a median rate of $0.03 in the assigned risk market (with 

a high of $0.07 in D.C.).117 

Take-Up Rates for Terrorism Coverage Have Increased 

The general trend observed throughout the TRIA Program is that more 

policyholders have been purchasing terrorism risk insurance. Given the general trend of 

falling or stable prices noted above, an increase in purchases of terrorism risk insurance is 

not an unexpected outcome. While the typical buyer response to a catastrophe diminishes 

with time, given recent world events, terrorism insurance demand likely has not fallen as 

much as is typical.118 In the current market, take-up rates for terrorism risk insurance 

have increased and insurance companies have allocated necessary capacity to back the 

additional coverage sold, despite the modeling difficulties noted in section B.3, the 

increase in insurer retentions under TRIA, and a generally falling price for terrorism risk 

insurance. 

A number of studies and reports have presented information on policyholder takeup rates. Based on these sources, it appears that in 2002 policyholder take-up was around 

30 percent, while today it is around 60 percent.119 Some examples include the following: 

• The 2005 Treasury study found that between 2002 and 2003, take-up increased 

from 27 percent to 39.5 percent. In 2004, 54 percent of surveyed policyholders 

reported they had terrorism risk insurance.120 

• According to Marsh, take-up as of 2005, measured on an annual basis, is 58 

percent, up from 49 percent in 2004 and 27 percent in 2003 (including “all risk” 

property and standalone policies).121 Marsh has observed similar trends in 

2006.122 

117 Information provided by NCCI. 118 For a general discussion of buyer behavior, see, Howard Kunreuther and Erwann Michel-Kerjan, 

“Dealing with Extreme Events: New Challenges for Terrorism Risk Coverage in the U.S.,” Center for Risk 

Management and Decision Processes, The Wharton School, University of Pennsylvania, April 2004, p. 20. 

119 See generally, A.M. Best, Special Report, “Terrorism: Too Risky Without TRIA?,” December 2005; 

Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006”; Marsh, Inc., “Terrorism 2006 – 

Year to Date,” presentation to PWG staff, July 2006; Marsh, Inc., Comment to the PWG dated April 20, 

2006; Aon Corporation, Comments to the PWG dated April 21, 2006; Aon Corporation, “Property 

Terrorism Update – TRIA in the Balance,” October 2005; Moody’s Investors Service, Special Comment, 

“Terrorism Risk Remains Material for Insurers as TRIA Expiration Looms,” June 2005; Aon Corporation, 

“Terrorism Risk Management & Risk Transfer Market Overview,” December 2004; Marsh, Inc., Research 

Report, “Marketwatch: Terrorism Insurance 2005”; Marsh, Inc., Research Report, “Marketwatch: Property 

Terrorism Insurance 2004.” 

120 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 3, 84. 

121 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006”; Marsh, Inc., Research Report, 

“Marketwatch: Property Terrorism Insurance 2004”; Marsh, Inc., Comment to the PWG dated April 20, 

2006. 

122 Marsh, Inc., “Terrorism 2006 – Year to Date,” presentation to PWG staff, July 2006. Of a sample of 

over 400 insureds, Marsh found take-up increased among the sample population from 49.3 percent in 2005 

42 
 

 

 

 

 

 

• Aon similarly found that 59.3 percent of all policyholders purchased some form 

of property terrorism insurance in 2005, up from 56 percent in 2004.123 A recent 

sample of policyholders through 2006 found take-up at about the same level, 58.3 

percent.124 

• Marsh also reports take-up as measured by the percentage of policyholders that 

purchase terrorism risk insurance coverage in a particular quarter. The take-up 

rate varies but generally shows an upward trend. .

100 

90 

80 

70 

60 

50 

40 

30 

20 

10 

0 

2Q 3Q 3Q 4Q 

2003 2003 2005 2005 

Overall Terrorism Risk Insurance Take-Up by Quarter 

(as reported by Marsh) 

Percentage 

77 

23 

74 

26 

67 

33 

56 

44 

54 

46 

56 

44 

52 

48 

53 

47 

46 

54 

41 

59 

36 

64 

4Q 1Q 2Q 3Q 4Q 1Q 2Q 

2003 2004 2004 2004 2004 2005 2005 

Purchased Not Purchased 

Source: Marsh 

• Marsh found that take-up increased for each of 15 major industry groups. 

Financial institutions, real estate firms, and health care facilities have highest 

take-up at over 75 percent.125 

• Specialty (standalone) and excess & surplus lines writers reported to Moody’s 

take-up of only 10 to 35 percent.126 Yet Aon reports that the general take up rate 

for standalone terrorism continues to rise.127 

to 56.6 percent in 2006; a fixed sample of 189 of the same policyholders showed an increase in take-up 

from 49.5 percent in 2005 to 53.2 percent – confirming a continuing upward trend. 

123 Aon Corporation, “Property Terrorism Update – TRIA in the Balance,” October 2005. 124 Information provided by Aon Corporation. The sample included 480 Aon accounts with median TIV of 

$875 million, evaluated between August 1, 2005 through July 31, 2006. 

125 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 126 Moody’s Investors Service, Special Comment, “Terrorism Risk Remains Material for Insurers as TRIA 

Expiration Looms,” June 2005. 

127 Aon Limitied, Aon Crisis Management, “Standalone Terrorism Insurance Market Update,” March 2006. 

43 
 

 

 

 

 

 

 

 

 

 

• Marsh reports that all regions in the country have experienced increases in take-up 

rates, but there still is substantial regional variation from a high of 67 percent in 

the Northeast to 50 percent in the South. There is also substantial variation across 

states and cities.128 

The increase in policyholder take-up would not be possible without insurers 

allocating additional capacity to terrorism risk insurance. New capacity enters the 

terrorism risk market by insurers that are providing coverage increasing the amount of 

terrorism risk that they provide and by new companies entering the market. The 2005 

Treasury study found that 73 percent of insurers wrote some terrorism risk insurance 

coverage in 2002 (not including workers’ compensation insurance), 91 percent in 2003 

and 2004 and in early 2005, more than 97 percent of surveyed insurers reported writing 

polices with coverage for terrorism risk insurance in 70 percent of their policies.129 

Increased capacity was also reported in the standalone market, both from existing 

and new entrants. Standalone terrorism market capacity continues to increase as 

measured by aggregate maximum per-risk capacity available from standalone market 

insurers and now stands at between $1.5 and $2 billion.130 Both Marsh and Aon report 

new capacity from new terrorism risk insurance participants. Aon expects the existing 

standalone terrorism market to generate more standalone terrorism aggregate capacity 

and that new market entrants to the standalone market are expected.131 

The Insurance Industry Appears Willing to Allocate Additional Surplus to 

Terrorism Risk 

In summary, since the passage of TRIA: policyholder surplus levels have 

increased; insurer retentions of risk under TRIA have increased; prices for terrorism risk 

128 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006”; Robert Blumber, Marsh & 

McLennan Cos., “TRIA and Terrorism Insurance,” PARMA Session presentation, February 10, 2006. 

129 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 3, 57, 59. 

130 Marsh estimates stand alone market property capacity as between $930 million to $2.03 billion. Marsh, 

Inc., Research Report, “Marketwatch: Terrorism Insurance 2006” (Marsh’s figures include $25 million 

from ACE Limited which withdrew from the market in 2005); Marsh, Inc., Comments to the PWG dated 

April 20, 2006 (estimating between $1 billion and $2 billion). This amount is greater than the $1.37+ 

billion estimated by Marsh the year prior. Marsh, Inc., Research Report, “Marketwatch: Terrorism 

Insurance 2005.” Aon estimates the standalone market’s property capacity at $1.52 billion in 2006 

(property), and $110 million to $170 million for casualty risks. Aon Corporation, Comments to the PWG 

dated April 21, 2006. Aon’s estimate in the fourth quarter of 2005 standalone market capacity was at about 

$1.3 billion, continuing a growth trend since 2002. Aon Limited, Aon Crisis Management, “Standalone 

Terrorism Insurance Market Update,” March 2006. This is up from its prior estimate of $1.270 billion for 

2005 (property) and $1.210 billion in the second quarter of 2004 (property). Aon Corporation, “Property 

Terrorism Update – TRIA in the Balance,” October 2005; Aon Corporation, “Property Terrorism Update,” 

April 2005. This all compares with approximately $600 million in 2002. Guy Carpenter Seminar Report, 

Terrorism, The Terror Risk: Can It Be Managed?” Chapter 5: “Managing the Risk: The Marsh Perspective 

on the Terrorism Market,” March 2002. 

131 Aon Corporation, “Property Terrorism Update – TRIA in the Balance,” October 2005; Marsh Inc., 

Research Report, “Marketwatch: Terrorism Insurance 2006.” 

44 
insurance have fallen or stabilized; and policyholder take-up rates have increased. The 

chart below summarizes the broad trends described in previous sections. .

Key Market Trends 

0 

50 

100 

150 

200 

250 

300 

350 

400 

450 

2002 2003 2004 2005 

$ Billions 

0 

10 

20 

30 

40 

50 

60 

70 

Percent 

Surplus (left axis) TRIA Deductible (right axis) 

Take-Up (right axis) Price % of Premium (right axis) 

Source: Marsh/NAIC 

 

A key trend in the chart above is that as the Federal government’s role in the 

terrorism risk insurance market contracts, private market capacity has thus far provided 

adequate supply to respond to increased demand. In this regard, there appears to be some 

correlation between increased policyholder surplus levels and an increased supply of 

terrorism risk insurance as measured by the increased take-up rates. This general trend 

has occurred despite increasing risk retentions under the TRIA Program, and it has been 

accompanied by falling or relatively stable prices. The insurance market appears to have 

financially recovered from the September 11 attacks. It is certainly reasonable to expect 

the availability of terrorism risk insurance to increase as the property and casualty 

insurers’ financial strength improves over time. 

As overall policyholder surplus is not specifically allocated to particular lines of 

coverage, it is not generally a good indicator of the industry’s maximum terrorism loss 

claims-paying ability, especially for lines of insurance covered under the TRIA Program. 

An insurance company’s policyholder surplus serves a number of functions: paying 

expected claims for other policies in force for all lines of insurance (between commercial 

and personal lines) and cushioning variances in reserves.132 Some insurance market 

observers have estimated that the amount of policyholder surplus available to pay 

terrorism claims for lines of insurance covered under the TRIA program is roughly 30 

132 See generally, David Cummins, “Should the Government Provide Insurance for Catastrophes?” Federal 

Reserve Bank of St. Louis REVIEW (July/August 2006). 

45 
 

 

 

 

percent of the surplus.133 Recognizing this as well, Aon reported that it estimated the 

property and casualty industry’s policyholder surplus level at $414 billion in the third 

quarter of 2005, but available capacity was likely closer to $171 billion in lines of 

insurance covered by TRIA (or 41 percent).134 A recent report by the Insurance 

Information Institute estimates 2005 policyholder surplus at $427 billion with $169 

billion available to cover terrorism risk.135 Nonetheless, overall policyholder surplus 

appears to be a key determinant in insurers’ allocation of available capacity to terrorism 

risk insurance and the level of capital they are willing to put at risk. 

The amount of capacity insurers are willing to allocate to terrorism risk insurance 

does appear somewhat tied to surplus levels. It appears that most insurers try to retain 

their exposure within less than 10 percent of their surplus net of any reinsurance recovery 

(private reinsurance or from TRIA). 

Insurers responding to A.M. Best’s 2004 SRQ were divided into two groups: 

those that assessed their aggregate exposure through accumulation assessment (widearea), and those that used deterministic models (A.M. Best assigned more confidence in 

these responses).136 (See section B.1 for discussion of modeling approaches). Insurers 

that used accumulation assessment were asked to model their 5 largest concentrations of 

clustered buildings in 11 high-risk cities and outside those cities and to report on their 

largest loss. For attacks within the high-risk cities, 69 percent of insurers reported that 

their largest potential loss was at or below 10 percent of their policyholder surplus, net of 

any private reinsurance or TRIA recovery. Outside of the cities, 63 percent reported that 

their largest potential loss was at or below 10 percent of surplus. Insurers who used 

deterministic modeling were asked to model their 5 largest potential losses from a 5-ton 

to 6-ton truck bomb. Within the high-risk cities, 68 percent of insurers had a maximum 

potential loss at or below 10 percent of their policyholder surplus; outside of the cities, 

the corresponding percent of insurers decreased to 58 percent. 

The data above suggest that insurers manage their exposure net of any Federal 

backstop recovery, and that overall available capital is an important determinant of the 

availability of terrorism risk insurance. This is also suggested by the fact that a majority 

133 See, Robert Hartwig, Gordon Stewart & Claire Wilkerson, “Terrorism, Insurance and the United States 

Government,” Insurance Information Institute, September 2004 (based on analysis of 2003 policyholder 

surplus level). See also, Robert Hartwig, “The Fate of TRIA: Is Terrorism an Insurance Risk,” Insurance 

Information Institute, presentation to National Insurance Association, June 2004, estimating that 40 percent 

of industry policyholder surplus backs property, liability, and workers’ compensation lines (based on 

analysis of 2002 policyholder surplus levels). 

134 Aon Corporation, Comments to the PWG dated April 21, 2006, citing A.M. Best, “Special Report: U.S. 

P/C Industry Reports First Underwriting Profit Since 1978,” April 25, 2005. See also, Center on Federal 

Financial Institutions (CoFFI), “TRIA Renewal: Policy Forum Proceedings,” May 2005 (statements by 

AIA and ACE (citing Insurance Information Institute) estimating commercial lines surplus at 

approximately $175 billion in 2005). 

135 L. James Valverde, Jr. & Robert Hartwig, “9/11 and Insurance: The Five Year Anniversary,” Insurance 

Information Institute, September 2006. 

136 A.M. Best, Special Report, “Terrorism: Too Risky Without TRIA?,” December 2005 (The range of 

insurers is based on whether insurers measured exposure based on accumulation assessment or 

deterministic modeling). 

46 
 

insurers indicated that they would continue to provide some level of terrorism risk 

insurance following the expiration of the TRIA Program – and most at current capacity 

levels. 

The Treasury study provided some evidence that some insurers were continuing 

to provide terrorism risk insurance extending into the first few months of 2006, despite 

the then-anticipated expiration of the TRIA Program at the end of 2005. The 2005 

Treasury study found that roughly half of surveyed insurers, when asked about the 

policies written in January and February of 2005, reported that they would continue to 

provide terrorism coverage in 2006 comparable to that with TRIA in place. Of the half 

that would not provide comparable coverage post-TRIA, 77 percent reported they would 

exclude foreign terrorism and 24 percent would not exclude foreign terrorism but the 

coverage provided would not be comparable to what was provided with TRIA in-place 

(e.g., policy sublimits, etc.).137 Some responses may not reflect voluntary decisions as 

several states have refused to allow terrorism exclusions in the absence of a Federal 

backstop. In other words, approximately 62 percent of insurers planned to continue to 

offer terrorism insurance in some form. Of those that reported that they would continue 

to offer the coverage as they had with TRIA in place, insurers reported there would be no 

increase in cost.138 Although this survey covered only policies issued in early 2005 

extending into the first two months of 2006, it is generally consistent with some industry 

predictions of the post-TRIA market. 

While it is reasonable to expect that some insurers will be unwilling to provide 

any coverage post-TRIA139, insurers that continue to offer terrorism coverage will likely 

manage their aggregate terrorism retentions to a level similar to their deductible exposure 

under TRIA.140 As Aon explained to the PWG: 

[M]ost insurers elected to severely limit their balance sheet exposure to 

TRIA. ... It is not surprising that the vast majority of insurance carriers 

that were willing to continue to offer terrorism coverage beyond 2005 can 

be characterized as “large” ... . This was due to the fact that TRIA 

recoveries were remote for these large, multi-line carriers due to their 

Direct Earned Premium writings. As such, these carriers simply continued 

to offer terrorism coverage up to an aggregate amount commensurate with 

their TRIA Deductible exposure in 2005. Given the small limits and high 

pricing associated with terrorism treaty reinsurance, the pricing and 

availability of private treaty reinsurance was of little consequence to a 

majority of carriers’ “post TRIA” underwriting appetites.141 

137 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 75-76.

138 U.S. Department of Treasury, Ibid., p. 76. 

139 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 140 Aon Corporation, “Property Terrorism Update,” April 2005. 141 Aon Corporation, Comments to the PWG dated April 21, 2006. 

47 
 

 

Market participants often stressed the limited appetite that insurers and reinsurers have 

for terrorism risk as well as potential availability and pricing challenges certain markets 

face. As Marsh explained in its comments to the PWG, in the absence of TRIA some 

areas will likely experience limited supply and higher prices: 

As we worked on property renewals for our clients at the end of 2005 in 

the midst of uncertainty as to whether or not TRIA would be extended, we 

learned a great deal about the potential long term availability and 

affordability of terrorism insurance in the absence of the federal backstop. 

The available capacity and the pricing varied tremendously depending on 

clients’ exposures. For smaller business and large clients with little to no 

exposure in central business districts or without what are often referred to 

as “trophy or target” properties, we were pleasantly surprised by the 

markets’ willingness to provide terrorism coverage beyond the expiration 

of TRIA. Pricing was reasonable and capacity was generally available. 

However, for clients with exposures in urban areas with a high 

concentration of risk, clients in high hazard industries (utilities or 

chemical manufacturers) or with properties viewed as “target” risks such 

as stadiums, or for our largest clients seeking maximum capacity, the 

situation was the opposite. Capacity was limited and the cost was very 

high.142 

Conclusion 

Since September 11, the insurance industry has recovered and there have been 

improvements in the financial health of insurance industry, which plays a role in how 

much capacity insurers are willing to expose to terrorism risk. Surpluses in the property 

and casualty industry have risen since September 11, as the industry has posted profits 

(even with the 2005 hurricane season losses), and has benefited from increased rates of 

return on assets. As a result, insurers appear to have more available capital to allocate, 

and they apparently have chosen to allocate additional capacity to terrorism risk as 

demonstrated by the increased sales since the inception of TRIA. The general trend 

observed in the market for terrorism risk insurance has been that as insurer retentions 

have increased under TRIA, prices for terrorism risk have fallen and take-up (purchase) 

rates have increased. Based on these observations, it appears that insurers should be 

willing to allocate additional capacity to terrorism risk over time, although it is difficult 

to speculate on the amount of capacity insurers are willing to devote to terrorism risk. 

142 Marsh, Inc., Comments to the PWG dated April 20, 2006. 

48 
B.5. State Regulation 

 

 

 

 

Terrorism Risk Insurance and State Insurance Laws and Regulations 

State laws and regulations govern various aspects of the insurance marketplace, 

including the approval of rates and forms, the imposition of financial solvency standards, 

and in some cases, the mandatory provision of certain types of coverage. The provision 

of terrorism risk insurance in commercial lines of insurance as required by TRIA falls 

within this general state regulatory structure. 

One aspect of state regulation that has received a considerable amount of attention 

is “price controls” or, more precisely, the regulation of insurance rates used by insurers 

licensed or admitted in a state (referred to as the “licensed or admitted market”). The 

licensed or admitted market provides the bulk of commercial property and casualty 

insurance in the U.S., focusing mostly on standard insurance policies. While states do 

exert oversight over pricing, they generally do not formulate rates for their licensed 

insurers and require them to use those rates. Instead, insurers determine the rates they 

want to use in a particular state in which they are licensed, and then comply with the 

applicable rate regulation required in that state. 

In general, insurers must be able to justify their rates, either by the use of their 

own loss data and projections, or by the utilization of rating information and loss cost 

factors developed by a national insurance advisory organization – such as the Insurance 

Services Office, Ltd. (ISO), the American Association of Insurance Services (AAIS), or 

the National Council on Compensation Insurance (NCCI). There are differing 

approaches to state price controls or rate regulation, including prior approval (rates must 

be filed and approved before they can be used), file and use (rates must be filed before 

they are used), use and file (rates can be used without pre-filing, but must be 

subsequently filed), flex rating (automatic approval of rate changes within a specified 

band), or information only (rates are filed for informational purposes only). For property 

and casualty insurance (excluding workers’ compensation insurance, which is discussed 

later) 5 states have no rate filing requirements (i.e., no rate regulation), 15 states require 

that rates are filed before they are used (i.e., in general the most restrictive form of rate 

regulation), with the other states falling somewhere in between.143 

While the state restrictions on pricing have received the most attention in regard 

to potentially limiting the ability of insurers to provide terrorism risk insurance coverage, 

other direct aspects of state regulation, such as form approval (just discussed above) and 

mandatory coverage requirements (most prominently in workers’ compensation and fire 

coverage), or indirect aspects of state regulation, such as requiring rate re-filing and 

143 Five states have no filing requirements and are said to have a deregulated open market for commercial 

lines (No File); 1 state requires informational rate filings only (Information Only); 2 states provide for the 

automatic approval of rate changes within a specified band (Flex Rating); 9 states allow rates to the used 

without pre-filing, but they must be subsequently filed (Use & File); 15 states (plus D.C.) require rates to 

be filed before they are used (File & Use); and 18 states require rates to be filed and approved before they 

can be used, and generally allow rates to be “deemed” approved 30 days after they are filed, if the state has 

not taken any action during that time (Prior Approval with Express Deemer). 

49 
 

 

approval of sublimits, have also been cited as potential problems.144 While there may be 

some potential regulatory burden associated with these other aspects of state insurance 

regulation, it is difficult to fully evaluate any separate impact they might be having on the 

market for terrorism risk insurance. 

Exceptions to State Insurance Rate Regulation 

In terms of pricing, although states regulate commercial insurance rates to various 

degrees, it is likely that a significant portion of commercial terrorism risk insurance for 

large commercial risks is exempt from state price regulation. These exemptions are 

either directly in place depending on the various measures of the size of the policyholder, 

or are indirectly permitted by allowing access to the surplus lines market. 

The general principle behind the exemptions based on policyholder size is that 

large commercial buyers have the economic clout and insurance buying expertise to 

negotiate with insurers in a largely unregulated environment. The National Association 

of Insurance Commissioners (NAIC) has compiled a chart outlining the various state 

criteria for exemption of large property and casualty commercial lines (see Appendix). 

There is considerable variation in how states implement these large policyholder 

exemptions. For example, in the District of Columbia, a commercial property and 

casualty policy with an aggregate insurance premium of over $10,000 is exempt, while in 

Georgia, premium must be in excess of $50,000 ($250,000 for risks with multi-state 

locations) before exemptions are permitted, and the insured must also have 25 or more 

full-time employees, assets of over $1.5 million, and annual revenues of $2.5 million or 

more. Due to these differences, it is difficult to estimate how much of the total 

commercial property casualty insurance business is written directly under these various 

state exemptions. 

In addition to large policyholders having direct access to the unregulated 

insurance market, businesses that cannot obtain coverage in the licensed or admitted 

market can access what is known as the surplus lines market.145 Most states require that a 

business attempt to obtain coverage in the licensed or admitted market, and if those 

attempts are not successful it can obtain coverage in the surplus lines market. The 

surplus lines market is not subject to state rate or form regulation. 

While it is difficult to determine exactly how many policyholders access the 

surplus lines market and why they are using the surplus lines market, A.M. Best found in 

144 In terms of mandated coverage for terrorism risk insurance, almost all states mandate coverage for 

terrorism risk (and war risk) for workers’ compensation insurance. In addition, some states require that 

property insurers cover losses from fire resulting from a terrorist attack through the adoption of the the New 

York Standard Fire Policy (SFP). Twenty-eight states have SFP laws that apply to a broad set of insurers, 

12 allow fire caused by a terrorist act to be excluded, leaving 16 states requiring coverage for fire following 

a terrorist act. 

145 The surplus lines industry provides a market for insurance for risks that are hard to place and generally 

not insured by the licensed or admitted market. Generally referred to as the “surplus lines market,” these 

insurers are not licensed to do businesses in a state but are allowed to issue insurance if placed by a statelicensed surplus lines broker. 

50 
 

 

 

 

 

 

 

a 2006 Special Report that in 2005 there were $33.3 billion in surplus lines premiums 

written on a nationwide basis, which accounted for 12.65 percent of total commercial 

lines insurance premiums.146 This is a slight increase from $33 billion in surplus lines 

premiums written in 2004, although the overall market share was higher at 14.14 

percent.147 The nationwide percentage of surplus lines premiums may understate the 

importance of the surplus lines market in large states or urban areas. For example, in 

New York, after September 11 and before the enactment of TRIA, more commercial 

policyholders purchased terrorism risk insurance from the surplus lines market than had 

before, and by early 2004, they had not returned to the licensed or admitted market where 

rates and forms are subject to state regulation. Excess line premium writings from the 

surplus lines market had tripled in New York from 2001 to 2003, from about $685 

million in 2001 to over $2 billion in 2003.148 Excess line premiums have continued to 

increase, from $2.6 billion in 2004 to $2.8 billion in 2005.149 

Many Insurers Are Not Charging for Terrorism Risk Insurance 

While state price controls can lead to various inefficiencies in the insurance 

marketplace (described more fully in relation to workers’ compensation below), 

restrictions in place in the licensed or admitted market may not be having a large impact 

in some portions of the market. 

The 2005 Treasury study found that while the trend was for more insurers to 

charge for terrorism risk insurance, a significant percentage of insurers were still not 

charging for insurance coverage. In 2002, over 75 percent of insurers stated that they 

provided coverage for terrorism risk in their property policies at no charge, with the 

percentage of insurers not charging for coverage falling to 46 percent in 2003 and 40 

percent in 2004. Limited 2005 data suggest that 35 percent of insurers still charged 

nothing for terrorism risk insurance coverage.150 Similarly, 70 percent of policyholders 

said they received terrorism risk insurance coverage for free in 2002, falling to 42 percent 

in 2003, and just over 37 percent in 2004.151 

In addition, Treasury estimated that approximately 57 percent of policyholders 

had non-certified terrorism risk insurance coverage in 2004 and 2005 and that the 

majority received the coverage for free.152 Moody’s found that among both national and 

regional carriers, small company take-up is between 90 and 100 percent, driven by the 

146 A.M. Best, Special Report, “Surplus Lines Market 2006,” September 2006. 147 A.M. Best, Special Report, “Excess and Surplus 2005,” September 2005. 148 Gregory Serio (Superintendent of Insurance), Statement of New York State Insurance Department 

before U.S. House of Representatives Subcommittee on Capital Markets, Insurance, and Government 

Sponsored Enterprises and the Subcommittee on Oversight and Investigations, April 28, 2004. 

149 Information from the Excess Line Association of New York as supplied by the New York State 

Insurance Department. Figures are surplus lines premium assigned to risks located in New York and not 

gross premiums reported in the State. 

150 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 4, 63. 

151 U.S. Department of Treasury, Ibid., pp. 88-89. 152 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), p. 88. 

51 
 

 

 

 

 

 

 

fact that the coverage is typically provided at a nominal fee or in many instances for 

free.153 

To the extent states have exerted any control over rates for commercial property 

and casualty insurance they have approved positive, but small charges in some instances. 

The extent to which insurers are not charging for terrorism risk insurance coverage for a 

portion of their policyholders does not seem to be a direct reflection of state rate controls. 

It appears likely that some segment of the market will continue to receive free coverage 

long term, as they did prior to September 11. The 2005 Treasury study results suggest 

that these are likely to be smaller insureds in markets with little perceived terrorism 

exposure where insurers cannot justify positive terrorism risk insurance prices to their 

customers.154 

Workers’ Compensation Insurance 

Workers’ compensation insurance is generally considered to be a separate line of 

insurance from other commercial property and casualty coverages. It is more highly 

regulated and subject to a greater amount of price regulation and coverage mandates, 

including terrorism insurance. Unlike other types of commercial property and casualty 

insurance, workers’ compensation insurance generally does not have large policyholder 

exemptions or a surplus lines market that operates outside of the state rate controlled 

environment. Instead, many states have either established their own state-run 

monopolistic workers’ compensation programs (North Dakota, Washington, Ohio, and 

West Virginia) or have established a residual market structure to provide coverage for 

policyholders that cannot obtain coverage directly from insurance companies. 

Economists have long pointed to price controls as leading to inefficient outcomes. 

If the mandated price is set above the market clearing price, the result will be surpluses; if 

the mandated price is set below the market clearing price, the result will be shortages. 

Shortages are generally observed in insurance markets with strict price controls. 

Residual markets, known also as “shared” or “involuntary” markets or “markets of last 

resort,” are state-sponsored mechanisms that provide businesses with the ability to obtain 

workers’ compensation coverage. In general, if an insurer is not willing to undertake a 

particular workers’ compensation risk at the state-approved rates, that business will be 

placed in the residual market. Any profits or losses from policies in the residual market 

are shared proportionally with all insurers that provide workers’ compensation insurance 

in a particular state. As the size of the residual market increases in a particular state, 

insurers evaluate their willingness to continue providing workers’ compensation 

insurance in that state; and, in general, this type of structure likely limits the number of 

insurance companies that are willing to provide coverage in a particular state.155 

153 Moody’s Investors Service, Special Comment, “Terrorism Risk Remains Material for Insurers as TRIA 

Expiration Looms,” June 2005. 

154 Based on consultations with the National Association of Mutual Insurance Companies (NAMIC), which 

explained that with small, regional mutual insurers, the inability to price the coverage and perception of 

low exposure were the key drivers in the coverage being provided at no charge. 

155 See generally, Scott Harrington & Patricia Danzon, “Rate Regulation, Safety Incentives, and Loss 

Growth in Workers Compensation Insurance,” Journal of Business, Vol. 73, No. 4 (2000); Patricia Danzon 

52 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Despite the long-standing structural problems with the workers’ compensation 

market, insurers have generally remained in the market, even as their TRIA retentions 

have increased, and despite their inability to fully price for terrorism risk.156 According 

to the National Council on Compensation Insurance (NCCI), as illustrated in the table 

below, the number of companies writing workers’ compensation in each of the nonmonopolistic states (excluding those companies that reported zero premium or are in 

runoff and not writing new business) has remained relatively stable since the passage of 

TRIA. 

Number of Workers’ Compensation Insurers by State157 

STATE 2002 2003 2004 2005 Percentage Change 02-05 

AK 141 136 128 126 -10.64% 

AL 225 222 222 225 0.00% 

AR 223 215 215 222 -0.45% 

AZ 204 208 205 211 3.43% 

CA 230 210 213 217 -5.65% 

CO 212 201 202 206 -2.83% 

CT 208 197 193 203 -2.40% 

DC 190 187 184 190 0.00% 

DE 210 192 195 202 -3.81% 

FL 223 228 230 247 10.76% 

GA 291 282 283 286 -1.72% 

HI 141 133 133 132 -6.38% 

IA 259 242 234 238 -8.11% 

ID 176 162 157 160 -9.09% 

IL 299 280 285 287 -4.01% 

IN 281 274 283 280 -0.36% 

KS 236 221 221 221 -6.36% 

KY 239 227 231 234 -2.09% 

LA 194 187 196 201 3.61% 

MA 214 194 195 200 -6.54% 

MD 255 249 239 245 -3.92% 

ME 142 131 136 139 -2.11% 

MI 253 240 238 240 -5.14% 

& Scott Harrington, “Workers’ Compensation Rate Regulation: How Price Controls Increase Costs,” 

Journal of Law and Economics, Vol. XLIV (April 2001); Anthony Barkume & John Ruser, “Deregulating 

Property-Casualty Insurance Pricing: The Case of Workers’ Compensation,” Journal of Law and 

Economics, Vol. XLIV (April 2001). 156 Decisions by insurers to remain in the workers’ compensation market may also be impacted by “exit 

barriers” that are imposed in some states. For example, a state may require that if an insurers stops writing 

workers’ compensation insurance, it must stop writing all lines of insurance within the state; or, a state may 

require financial contributions to the workers’ compensation residual market mechanism; or, a state may 

only permit a gradual withdrawal over time. 

157 Five states are not included in the table because they are monopolistic in that workers’ compensation 

insurance is available only through a state-created insurance mechanism; the five are: North Dakota, 

Ohio,Washington, West Virginia, and Wyoming. (West Virginia is in transition to a private system). 

53 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STATE 2002 2003 2004 2005 Percentage Change 02-05 

MN 242 227 226 229 -5.37% 

MO 249 236 237 244 -2.01% 

MS 225 212 222 226 0.44% 

MT 168 160 157 158 -5.95% 

NC 251 245 248 253 0.80% 

NE 224 220 220 218 -2.68% 

NH 194 178 183 190 -2.06% 

NJ 263 241 238 246 -6.46% 

NM 190 186 187 190 0.00% 

NV 172 175 174 173 0.58% 

NY 279 253 240 247 -11.47% 

OK 218 211 212 222 1.83% 

OR 197 189 190 188 -4.57% 

PA 301 282 277 283 -5.98% 

RI 175 153 158 160 -8.57% 

SC 243 242 242 242 -0.41% 

SD 200 190 189 194 -3.00% 

TN 281 270 270 272 -3.20% 

TX 266 250 247 254 -4.51% 

UT 185 179 182 180 -2.70% 

VA 266 260 255 263 -1.13% 

VT 172 158 158 163 -5.23% 

WI 272 257 260 261 -4.04% 

Source: NCCI 

Some states have seen larger declines (e.g., 11 percent in New York state or 32 

companies), but for 30 out of 46 states (including D.C.) the decline in number of 

companies has been less than 5 percent, or there has been slight increase. The table 

above does not indicate a particularly vibrant workers’ compensation market in terms of 

increased competition from new entrants, but given the structural problems of the 

workers’ compensation market it is not clear that increased risk exposure for terrorism 

risk insurance under TRIA has had any broad negative impact. 

Fire Insurance 

Some states require that property insurers cover losses from fire from all causes 

(except war), based on the 1943 New York Standard Fire Policy (SFP). Twenty-eight 

states have SFP laws, however, since September 11, 12 of the 28 SFP states now allow 

fire caused by terrorism to be excluded. (A table of states is included in the Appendix). 

Sixteen states still mandate coverage for fire caused by terrorism (in some of these states 

the requirement may not apply to surplus lines insurers or to exempted policies, as 

discussed above). State-mandated fire coverage interferes with insurers’ capacity 

allocation decisions and this effect may lead to inefficient distribution of capacity making 

terrorism risk insurance less available overall. However, given that SFP has not been 

adopted by 22 states and 12 states have modified the SFP to allow terrorism exclusions, 

any impact on capacity allocation is difficult to evaluate. 

54 
 

 

 

 

 

 

 

 

 

Conclusion 

While state laws and regulations have the potential to significantly interfere with 

the operation of insurance markets, it does not appear that such restrictions have had a 

significant impact in the market for terrorism risk insurance to date. In the long term, 

state actions related to broader mandates for coverage of terrorism risk or rate restrictions 

could impact the ability of insurers to manage and underwrite terrorism risk. 

B.6. Buyer Behavior 

Despite Falling or Stable Prices for Terrorism Risk Insurance, Many Policyholders 

Are Not Purchasing Coverage 

The general trends noted in section B.4 illustrate that since the passage of TRIA, 

pricing for terrorism risk insurance has declined or remained relatively stable in the 3 to 5 

percent range of overall insurance costs.158 At the same time, policyholder take-up rates 

have generally increased from 30 to 60 percent, which implies that about 40 percent of 

policyholders are not purchasing terrorism risk insurance despite favorable market 

conditions.159 

The general trends on policyholder take-up of terrorism risk insurance were 

described in section B.4. Some representative examples on a nationwide basis include 

the following: 

• The 2005 Treasury study found that take-up rates among policyholders increased 

from 27 percent in 2002 to 39.5 percent in 2003, and to 54 percent in 2005. The 

2005 results imply that about 46 percent of policyholders still choose not to 

purchase terrorism risk insurance.160 

• More recently, Aon reported that for the 12 months ending on April 1, 2006, 40 

percent of accounts did not obtain any terrorism risk insurance coverage.161 

158 The general trends on pricing for terrorism risk insurance illustrated in section B.4 reflect an average 

cost for terrorism risk insurance measured as a percentage of a policyholder’s overall insurance costs. On a 

more disaggregate basis, Marsh documented different terrorism risk percentage costs by industry, ranging 

from as high as 5 to 9.5 percent for financial institutions, roughly 5 to 6 percent for the real estate industry, 

to as low as 2 to 3 percent for others. Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 

2006.” 

159 The policyholder “take-up” information presented in this section refers to the ratio of commercial 

policyholders that elect to purchase terrorism insurance, contrasted by those that decline the coverage. It 

does not include those policyholders that are provided terrorism coverage as part of their policies at no 

additional charge, as the coverage is generally accepted in such instances. It also does not include buyers 

of workers’ compensation insurance or other state-mandated terrorism coverage. 

160 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 3, 84. 

161 Aon Corporation, “2006 Property Report, A Tale of Two Markets” 2006. For the year prior, the 

Wharton Risk Center examined 478 Aon accounts over the 12 months ending May 2005 and found 42 

55 
Take-Up by Type of Terrorism Insurance 

(as reported by Aon) 

7.6% 

4.5% 

40.5% 

3.7% 

43.6% 

Not Purchased 

Certified (TRIA) & 

Standalone 

Certified (TRIA) and NonCertified 

Certified (TRIA) only 

Standalone only 

Source: Aon 

 

 

 

Similar trends showing increasing take-up rates with still a relatively high 

proportion of policyholders not purchasing terrorism risk insurance have also been found 

in surveys at the regional level. Examples include the following: 

• Marsh reported the following city take-up rates for 2004: Boston – 69 percent; 

Washington, D.C. – 60 percent; Chicago – 58 percent; Dallas – 57 percent; New 

York City – 54 percent; Philadelphia – 49 percent; Detroit – 42 percent; Los 

Angeles – 39 percent; San Francisco – 37 percent; and Houston – 23 percent.162 

n 

. 

s 

C 

a 

o 

n 

go 

t 

LA 

C 

o 

a 

i 

i 

c 

o 

NY 

ph 

o 

s 

ll 

t 

. 

a 

t 

D 

ci 

s 

r 

ic 

Da 

us 

l 

t 

Bo 

e 

De 

h 

n 

Ho 

C

d 

a Fr 

ila h P 

an S 

2004 Take-Up by City 

(as reported by Marsh) 

69 60 58 57 54 49 42 39 37 

23 

31 40 42 43 46 51 58 61 63 

77 

0 

10 

20 

30 

40 

50 

60 

70 

80 

90 

100 

Percentage 

Purchase Not Purchased 

Source: Marsh 

percent had not purchased any terrorism insurance. Wharton Risk Management and Decision Processes 

Center, “TRIA and Beyond,” The Wharton School, University of Pennsylvania, August 2005. 

162 Marsh Inc., Research Report, “Marketwatch: Terrorism Insurance 2005.” 

56 
 

 

 

• Marsh found that on a broader regional basis in the South and West take-up 

remains just at 50 percent. In the Midwest and Northeast, take-up now exceeds 

50 percent, yet still some 30 to 40 percent of policyholders forego terrorism risk 

insurance.163 .

Overall Take-Up Rate by Region 

(as reported by Marsh) 

80 

70 

60 

2003 2004 2005 

Percentage 50 

40 

30 

20 

10 

0 

Northeast Midwest West South 

Source: Marsh 

• Marsh also reports that 2005 take-up rates vary considerably by State: New York 

(65 percent); Illinois (59 percent); New Jersey (55 percent); Texas (50 percent); 

California (50 percent); and Florida (36 percent).164 .

2005 Take-Up Rate by State 

(as reported by Marsh) 

65 59 55 50 50 

36 

35 41 45 50 50 

64 

0 

10 

20 

30 

40 

50 

60 

70 

80 

90 

100 

New York Illinois New Jersey Texas California Florida 

Percentage 

Purchase Not Purchased 

Source: Marsh 

163 Marsh Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 

164 Robert Blumber, Marsh & McLennan Cos., “TRIA and Terrorism Insurance,” PARMA Session 

presentation, February 10, 2006 

57 
 

 

 

 

 

 

The data presented above indicate that while policyholder take-up for terrorism 

risk insurance has increased, there still appears to be a lack of willingness on the part of a 

large number of policyholders to purchase any terrorism risk insurance. In addition, there 

is wide variation across regions with some major cities and states (e.g., Houston, San 

Francisco, and Florida) having in excess of 60 percent of policyholders not purchasing 

terrorism risk insurance in 2004 or 2005. Even in New York City, the data above show 

approximately 46 percent of policyholders not purchasing terrorism risk insurance in 

2004. 

The persistence of a large portion of policyholders choosing not to purchase 

terrorism risk insurance raises questions about the potential for future market 

development, especially given the trends in terrorism risk insurance pricing, overall 

trends in commercial insurance pricing, and the typically small relative cost of insurance 

compared to overall business expenses. 

As noted in section B.4, since the passage of TRIA, the relative cost of terrorism 

risk insurance compared to overall insurance costs has generally declined or remained 

relatively stable. In addition, the insurance market has generally moved into a relatively 

soft phase of overall declining prices.165 Such a combination would typically result in an 

overall lower dollar cost for terrorism risk insurance. From 2005 to 2006, Marsh found 

across a broad range of accounts (generally larger policyholders that Marsh serves), that 

differ from year-to-year, the median premium for terrorism insurance increased from 

$12,500 to $13,145. A smaller sample of same accounts over that same time period 

found the median premium of those accounts fell significantly, from $37,700 to 

$16,750.166 

Finally, overall insurance costs in many industries appear to be relatively small 

when compared to overall business expenses. In terms of some specific industries, in the 

wholesale and retail trade and selected service industries, the share of insurance costs 

(exclusive of workers’ compensation) to total business expenses is approximately 1.65 

percent (ranging between 0.55 percent and 4.31 percent).167 For most businesses 

(although these costs vary across industries), the cost of terrorism risk insurance coverage 

is a small percentage of overall insurance cost, which is a relatively small percentage of 

overall business expenses. For example, the percentage of terrorism risk insurance 

premium to overall property premium is reported at 2.5 percent (retail), 2.9 percent (food 

and beverage), and 5.1 percent (transportation).168 Of course, the numbers represent 

165 See generally, Council of Insurance Agents & Brokers, “Prices Up, Capacity Down for Cat Exposures; 

Other Commercial Markets Soften, The Council Survey Shows,” News Release and Survey, July 19, 2006, 

reporting quarterly survey results of declining commercial rates; Standard and Poor’s, “U.S. Commercial 

Lines Midyear 2006 Outlook: Sector Enjoying Exceptional Earnings,” RatingsDirect, June 2005; A.M. 

Best, Statistical Study, “U.S. Property/Casualty Industry Reports Underwriting Profit in First Half of 2006, 

September 18, 2006. 

166 Marsh, Inc., “Terrorism 2006 – Year to Date,” presentation to PWG staff, July 2006. 167 Economics and Statistics Administration, U.S. Department of Commerce Department, Business 

Expenses and Cost of Insurance from 2002 Economic Census, Industry Series. 

168 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 

58 
 

 

 

 

 

industry-wide aggregate data, and there will be substantial variation in the actual costs to 

individual policyholders in each industry, and across other industries. 

Buyer Perception of Risk Appears To Be an Important Factor in the Policyholder 

Purchase Decision 

The demand for terrorism coverage, or policyholder willingness to purchase 

coverage, is an important factor in the overall development of the market for terrorism 

risk insurance. A.M. Best recently surveyed insurers and reported that low policyholder 

interest is among the barriers to private insurers offering terrorism risk insurance.169 

Many businesses appear to believe that if a terrorist attack occurs it will not happen to 

them. A lack of information on terrorism risk, no new attacks on U.S. soil, cost of 

insurance, and the expectation of government disaster aid are likely contributing to 

purchase decisions. As illustrated above, a fair portion of businesses are forgoing 

terrorism insurance – even at relatively low premiums.170 While price is an important 

determinant in purchase decisions, buyers’ perceptions of terrorism exposure play an 

equally important role.171 

A number of surveys have been conducted since September 11 regarding 

policyholders’ perception of risk. Some examples include the following: 

• In early 2002 prior to the enactment of TRIA, Marsh reported that of 150 

commercial accounts seeking quotes for terrorism coverage from the standalone 

market (a key source of coverage at the time), all received offers of coverage. 

Fifteen percent purchased coverage while 15 percent declined to purchase, and the 

remaining 70 percent were undecided. Reasons cited for not purchasing coverage 

were potential Federal action and the perception that pricing was expensive for 

coverage that in the past had been provided for free or at minimal cost. Marsh 

also reported that when Congress adjourned in January 2002 without passing 

TRIA, demand and purchases increased.172 

• Shortly after TRIA was enacted, The Council of Insurance Agents & Brokers 

(CIAB)173 conducted a survey of its members. Half of the brokers responding 

said that fewer than 20 percent of their clients were buying terrorism insurance. 

Reasons cited included high cost and the belief among policyholders that they 

169 “Saying No,” Best’s Review, (September 2006). 

170 Howard Kunreuther, Erwann Michel-Kerjan & Beverly Porter, “Assessing, Managing and Financing 

Extreme Events: Dealing with Terrorism,” National Bureau of Economic Research, November 20, 2003; 

Howard Kunreuther & Mark Pauley, “What You Don’t Know Can Hurt You: Terrorism Losses and All 

Perils Insurance,” The Wharton School, University of Pennsylvania, December 2004. 171 Swiss Re, Comments to the PWG dated April 20, 2006. 172 Guy Carpenter, Seminar Report, “Terrorism, The Terror Risk: Can It Be Managed?” Chapter 5, 

“Managing the Risk: The Marsh Perspective on the Terrorism Market,” March 2002. 173 The Council of Insurance Agents & Brokers is an association of insurance brokers who collectively 

handle about 80 percent (as measured by premium) of the nation’s commercial property and casualty 

insurance. 

59 
 

 

 

 

 

 

were not at risk.174 In a follow-up survey reported 4 months later, 72 percent of 

the brokers indicated that their commercial customers were still not purchasing 

terrorism insurance coverage. Ninety percent said that customers turned down 

terrorism coverage because they thought they did not need it; others thought it 

was too expensive.175 

• In the fall of 2003, Kaye Insurance Associates, a New York-based insurance 

brokerage, reported that only 36 percent of New York area companies indicated 

that they had purchased terrorism insurance (54 percent of the real estate 

industry). Among those without terrorism insurance, the reasons it was not 

purchased were because the clients said they were not a target (66 percent), or that 

coverage was too costly (17 percent), or too limited (13 percent).176 

• In 2004, the American Association of Insurance Services (AAIS) conducted a 

survey of terrorism insurance practices. Of 42 property and casualty companies 

responding, 16 reported that half of their clients purchased terrorism coverage; 12 

reported some purchases (but less than half of their clients); and 11 reported very 

few clients were purchasing the coverage. Of the 42 respondents, 36 reported that 

of those not purchasing the coverage, the principal reason was that policyholders 

viewed their exposure to loss from a terrorist act to be remote.177 

• In 2004, the Risk and Management Society (RIMS) conducted a survey of 133 

risk managers. Of those, 85 responded to a question as to the reasons why they 

did not purchase terrorism insurance: 32 (37.6 percent) explained that it was 

“Price – decision that the risk was not enough to warrant expense”; 30 

respondents (35.3 percent) reported they did not purchase terrorism insurance 

because there was “No perceived need – operations not near areas perceived to be 

exposed to terrorist threat.”178 

• In July 2005, the Council of Insurance Agents & Brokers reported with its 

Commercial Property/Casualty Market Index that the total number of customers 

buying terrorism insurance remained “relatively small”. The brokers responding 

174 “Many Commercial Interests Are Not Buying Terrorism Insurance, New CIAB Survey Shows,” 

PRNewswire (March 24, 2003); Expert Commentary, “CIA Shows Businesses Rejecting Terrorism 

Coverage,” www.irmi.com, March 2003. 175 “A Glass Half Full: As The Terrorism Risk Insurance Act Approaches Its First Anniversary, Demand 

for Terrorism Insurance Is Low, But Industry Experts Say the Backstop Is Bringing Capacity and Stability 

to the Marketplace,” Best’s Review (September 1, 2003). 176 “Brokers’ Client Survey Finds Pricing and Solvency More a Concern than Terrorism,” Bestwire 

(October 13, 2003); “Commercial Property Coverage Concerns New Your Insurance Brokers,” Bestwire 

(December 17, 2003). 

177 Accessed at http://aaisonline.com/services/terrorsurvey.html. 178 The National Alliance and Risk and Insurance Management Society (RIMS) May 2004 Terrorism 

Survey. The relatively low percentage of respondents who believed their organizations were not at risk is 

probably a reflection of the relatively large size and complexity of organizations that hire risk managers. 

Such organizations are relatively likely to include at least one location near geographical areas perceived to 

be exposed to terrorism. 

60 
 

 

 

 

 

 

 

to the survey indicated that the main reasons customers do not buy terrorism 

coverage are the belief that they are not likely targets and the cost of coverage.179 

• The 2005 Treasury study’s policyholder survey revealed that among those 

policyholders who did not buy terrorism risk insurance, there was a substantial 

increase from 2003 to 2004 in the number who felt they were not at risk: in 2004, 

89 percent explained it was because they did not feel they were at risk, up from 49 

percent in 2003. Also among non-purchasers there was an increase in the 

percentage not buying the coverage because of high cost, up from 24 percent in 

2003 to 36 percent in 2004.180 

For some purchasers of terrorism risk insurance, such as commercial real estate 

owners, the decision to purchase terrorism risk insurance can be influenced by the 

requirements of lenders and investors that some level of terrorism risk insurance coverage 

be purchased. Commercial lenders typically require commercial real estate borrowers to 

secure “all risk” property insurance, including terrorism risk insurance, covering the 

property securing the financing. Loan documents typically require terrorism risk 

insurance subject to its being commercially available and at a reasonable rate. Lenders 

often have the ability to force-place coverage if it is not obtained by the borrower. 

Improvements in lender monitoring of underlying insurance coverage of borrowers have 

likely contributed to increased take-up of terrorism risk insurance. For example, the real 

estate sector appears to have the largest take-up rate among industries: 79 percent in 

2005, up from 60 percent in 2004 and 30.2 percent in 2003.181 The increase in take-up 

from 2004 to 2005 also correlates with a dramatic rate decrease from 0.0117 percent of 

total insured value during 2004 to 0.0067 percent in 2005, indicating that pricing also was 

likely an important factor.182 

Not included in the above data is information on workers’ compensation 

insurance. The take-up rate for workers’ compensation is generally 100 percent as most 

states, with the exception of Texas, require employers to purchase workers’ 

compensation insurance and almost all states require such insurance to include coverage 

for workplace injuries and death occurring as a result of terrorism and war. Purchase is 

mandated by law without correlation to price, which (as discussed in section B.5) is 

heavily rate controlled. 

179 The Council of Insurance Agents & Brokers, “Commercial P/C Market Softens More In Second 

Quarter, Council Survey Shows,” News Release, July 2005.

180 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), p. 109. See fn. 177 for an explanation for the relatively high percentage of 

policyholders responding to the Treasury survey that believed they were not exposed to terrorism risk. By 

design, Treasury’s survey included a large number of small organizations, which may view themselves as 

not being exposed to substantial risk. Note also that the Treasury policyholder sample size is more than 15 

times that of the RIMS survey cited above. 

181 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006”; Marsh, Inc., Research Report, 

“Marketwatch: Property Terrorism Insurance 2004.” 182 Marsh, Inc., Research Report, “Marketwatch: Terrorism Insurance 2006.” 

61 
 

Increased Demand is Important To Long-Term Availability 

As with any market, in the market for terrorism risk insurance the demand side 

plays a key role. Purchasers of terrorism risk insurance evaluate prices for coverage 

along with their own perceptions of risk in making a decision whether to purchase 

coverage. As standard economic theory would predict, there does appear to be a 

correlation between higher take-up rates and the improvements in the pricing 

environment surrounding terrorism risk insurance in recent years. However, even with 

relatively low prices for terrorism risk insurance and take-up at its highest reported level 

since September 11,183 many policyholders are not purchasing terrorism risk insurance. 

Going forward, buyers’ perception of their risk exposure and their willingness to pay for 

terrorism risk insurance coverage will be key factors on the demand side of the market. 

Until policyholders alter their perception of risk and increase their willingness to pay for 

terrorism risk insurance coverage, further market development may be impeded. 

Expectations of post-disaster Federal assistance184 may also factor into buyers’ costbenefit analyses, although there is little evidence of this in general terrorism risk 

markets.185 As noted above, while insurers and reinsurers are determining how much 

capital to allocate to terrorism risk, some greater response would be expected if 

policyholders are willing to pay higher prices. Low market penetration in a voluntary 

market at low prices does not lead to the economic volume needed to attract new 

capital.186 Long term, some additional capacity is likely to respond to demand at higher 

prices. 

Conclusion 

Long-term availability of terrorism risk insurance depends in large measure on 

demand. If demand increases and buyers are willing to pay premiums commensurate 

with the risk they seek to transfer, then over time capacity should rise to meet demand. 

Given that a significant number of policyholders are not purchasing coverage for 

terrorism risk insurance, even as prices have declined in recent years, there will most 

183 Aon Corporation, “Property Terrorism Update – TRIA in the Balance,” October 2005. 184 Prior to September 11, Federal disaster aid to commercial entities was typically limited to federallysubsidized loan programs, such as those administered by the U.S. Small Business Administration. Federal 

aid to compensate for commercial losses resulting from the September 11 attacks expanded to include 

direct compensation systems, such as grants, and tax benefits to affected businesses. See generally, Lloyd 

Dixon & Rachel Kaganoff Stern, “Compensation for Losses from the 9/11 Attacks,” RAND Institute for 

Civil Justice (2004). 

185 As some economists have noted, the Federal government cannot commit to not providing such disaster 

relief to uninsureds. Wharton Risk Management and Decision Processes Center, “TRIA and Beyond,” The 

Wharton School, University of Pennsylvania, August 2005. See also, Lloyd Dixon, et al., Occasional 

Paper, “Issues and Options for Government Intervention in the Market for Terrorism Insurance,” RAND 

Center for Terrorism Risk Management Policy, 2004, p. 10; Howard Kunreuther & Erwann Michel-Kerjan, 

“Dealing with Extreme Events: New Challenges for Terrorism Risk Coverage in the U.S.,” Wharton Risk 

Management and Decision Processes Center, April 2004, p. 20; Robert Rhee, “Terrorism Risk in a Post9/11 Economy: The Convergence of Capital Markets, Insurance, and Government Action,” Arizona State 

Law Journal., Vol. 37, No.2 (2005) . 186 Swiss Re, Comments submitted to PWG dated April 20, 2006. 

62 
 

 

 

 

 

likely be an impact on the amount of capacity that insurers are willing to allocate to 

terrorism risk. 

C. Group Life Coverage 

This section focuses on the long-term availability and affordability of terrorism 

risk insurance for group life insurance, which was a specific part of the PWG’s mandate. 

Many of the factors that impact the overall market for terrorism risk insurance (discussed 

in section B) are generally applicable with regard to group life insurance. Rather than 

repeat that background information in this section, this report analyzes many of the same 

factors in the context of the market for group life insurance. 

Group life insurance, as its name suggests, is underwritten on a group basis. 

Insurers treat the group as a single risk rather than underwriting the mortality risk of each 

of the group’s individual members. The group usually consists of employees of a 

company or members of an association, labor union, credit union, or other organization 

(as permitted under state law).187 The employer or sponsoring organization is the 

policyholder and is issued a master policy under which the insurer agrees to insure the 

lives of the participating members of the policyholder’s group. The individual employees 

or group members are the insured persons and are referred to as “certificate holders,” as 

they are issued certificates of insurance evidencing their coverage under the master 

policy. The premium is often paid by the employer, or is shared between employer and 

employee. Additional premiums for supplemental coverage (above the base benefit the 

employer is willing to sponsor) are usually paid by the employee. 

There are many different products that constitute group life insurance, such as 

renewable group term life insurance, group permanent insurance, group accidental death 

and dismemberment (AD&D) coverage, and group credit life insurance. The most 

common form of group life insurance is yearly renewable group term life insurance, 

which is the primary focus (unless otherwise noted) of the analysis that follows in this 

section. Face amounts of group term life insurance coverage are most commonly some 

multiple of earnings, a fixed or flat dollar amount, or based on a scale tied to earnings or 

position in the organization.188 

187 See generally, National Association of Insurance Commissioners Model Act: “Group Life Insurance 

Definition and Group Life Insurance Standard Provisions Model Act,” NAIC Model Laws, Regulation and 

Guidelines (2006).

188 In 2005, 53 percent of workers with group life insurance had benefits based on a “fixed multiple of 

earnings” formula; 36 percent of employees had benefits based on a “flat dollar amount”, and others had 

either variable multiples or dollar amounts. U.S. Department of Labor’s National Compensation Surveys 

of Employee Benefits in Private Industry in the United States, March 2005. 

63 
 

 

 

C.1. Group Life Market Conditions 

Group Life Insurance and the Terrorism Risk Insurance Act 

September 11 resulted in the loss of approximately 3,000 lives. Financial 

compensation mechanisms for the loss of life included charities, the September 11 

Victims Compensation Fund and other Federal programs, workers’ compensation 

insurance (i.e., death benefits), and individual and group life insurance. Moody’s 

reported that September 11 resulted in approximately $1-$2 billion in both individual and 

group life insurance payments. This represented about 4 percent of the $40 billion in 

annual death benefits paid by life insurers in an average year, and losses were modest on 

an individual company level.189 Group life insurance losses from September 11 are often 

estimated at about half of the total $1-$2 billion in life insurance losses. Aon presented 

the PWG with an estimate of between $600 million to $800 million (including 

AD&D).190 As compared with the property-casualty insurance industry’s aggregate loss, 

September 11 was not as significant an insured loss event for the U.S. life industry.191 

Group life insurance has never been part of the TRIA Program. When TRIA was 

enacted it did not include participation by group life insurance providers. Instead, 

Treasury was required to evaluate market conditions and determine whether to include 

group life insurance in the TRIA Program if both insurance and reinsurance were not 

available, or not likely to be available in the future.192 In August 2003, Treasury found 

no appreciable reduction in the availability of group life insurance coverage for 

consumers, although it did find a general lack of catastrophic reinsurance.193 Therefore, 

Treasury determined that group life insurance was not to be added to the TRIA Program. 

In December 2005, when TRIA was extended for two years, although there was some 

debate on the inclusion of group life insurance, it was again not included as part of the 

TRIA Program. 

Group Life Insurance Remains Widely Available 

For most U.S. employers (especially large to medium size), employer-provided 

group life insurance has become a standard employee benefit. Employer-sponsored 

group life insurance is usually provided as part of an overall package of employee benefit 

189 Moody’s Investors Service, Special Comment, “Moody’s Looks at Terrorism Risk in the U.S. Life 

Insurance Industry,” February 2006. 

190 Aon Corporation, Comments to the PWG dated April 21, 2006, citing the American Academy of 

Actuaries. As a comparative reference, group life insurers collectively paid out approximately $19 billion 

in group life death benefits in both 2003 and 2004. Life Insurers Fact Book 2005, American Council of 

Life Insurers. 

191 As one study noted, “The impact of a catastrophe that kills hundreds or even thousands of people, tragic 

though it may be in human terms, may be only a marginal event in terms of the additional financial costs to 

the insurance industry.” Risk Management Solutions, Inc., “Catastrophe, Injury, and Insurance,” 2004, p. 

4. 

192 TRIA Section 103(h)(1). 

193 U.S. Department of Treasury, Office of Public Information, “Treasury Announces Decision on Group 

Life Coverage Under Terrorism Risk Insurance Program,” August 15, 2003. 

64 
 

 

 

 

 

 

 

products and premiums, which, although priced and purchased separately, are sometimes 

discounted based on the volume of the overall benefits purchased. 

By all accounts, competition in the employee benefits market – including the 

market for group life insurance – is very robust. Group life insurers have long argued 

that due to the competitive nature of the market, they have little ability to raise prices or 

limit coverage and attempts to manage risk exposure in this manner would result in the 

loss of business to other providers. Competitive pricing, which has always occurred for 

large accounts, has also recently been observed with small to midsize accounts.194 

Overall, group life insurers concede that competitive pressures have made coverage 

available, even in the absence of TRIA protection or adequate private catastrophic 

reinsurance. 

Broad trends of group life insurance certificate-holder take-up verify continued 

availability.195 Some key empirical results include the following: 

• Group life insurance certificates in-force totaled 165 million in 2004 (up from 

162.6 million in 2003), with a total face amount of $7.63 trillion – a $1.1 trillion 

increase from the year before.196 

• Fifty-two percent of workers in private industry had access to life insurance 

provided through their employer in 2005. This increased from 51 percent in 2004 

and 50 percent in 2003197 – the same period as the original three years of the 

TRIA Program. Similar trends were observed on a regional basis. 

• Fifty-two percent of workers within metropolitan areas had access to life 

insurance provided through their employer in 2005, compared to 51 percent in 

2004 and 50 percent in 2003; whereas 51 percent had access in non-metropolitan 

areas (a slight decline from 52 percent in 2004 but up from 49 percent in 2003).198 

• In 2005, nearly 94 percent of employees who had access to employer-provided 

life insurance obtained some coverage and employee contributions toward life 

insurance typically were not required (89 percent of workers that participated did 

not have to contribute premiums).199 The lack of a required employee 

contribution for group life insurance likely explains high take-up among 

employees. 

194 A.M. Best, Statistical Study, “Group Life Market Competition Persisted in 2004,” August 29, 2005. 

195 As stated earlier, this report analyzes the group life insurance market overall. There are likely instances 

where particular groups face limited offers of coverage or higher prices. However, clear evidence of such 

instances is difficult to determine. 

196 Life Insurers Fact Book 2005, American Council of Life Insurers. 

197 U.S. Department of Labor’s National Compensation Surveys of Employee Benefits in Private Industry 

in the United States (March 2005; March 2004). 

198 U.S. Department of Labor’s National Compensation Surveys of Employee Benefits in Private Industry 

in the United States (March 2005; March 2004) and 2002-2003 (January 2005). 

199 U.S. Department of Labor, Ibid., (March 2005). 

65 
 

 

 

Pricing for Group Life Insurance has Generally Decreased in Recent Years 

In addition to group life insurance remaining widely available despite not having 

access to the TRIA Program, prices have also generally decreased since September 11. 

Unlike some segments of the property and casualty industry (most prominently workers’ 

compensation insurance), states do not regulate rates charged by group life insurers.200 It 

is unclear to what extent state regulators require that terrorism be covered by not allowing 

the use of terrorism exclusions in group life insurance policies (assuming insurers wanted 

to use them), or prohibit insurers from limiting their maximum single-event loss through 

the use of per-event loss limits. Nonetheless, the competitive aspects of the group life 

insurance market have continued to push prices down in recent years. Some examples of 

this trend include the following: 

• Swiss Re in its comments to the PWG reports that group life rates have decreased 

since September 11 and are currently between 7 and 12 percent below their 

previous levels.201 

• According to Gen Re Life Health’s 2005 U.S. Group Life Market Survey (of 33 

participating companies representing $16.7 billion in premium), premium rates 

for new sales decreased 8 percent from the year before.202 

• A LIMRA International (LIMRA) survey (of 34 group life companies 

representing 85 percent of the total group life market) found that the overall cost 

per thousand dollars of new group life coverage remained relatively unchanged 

between 2004 and 2005 at $2.67 per thousand of coverage.203 

As noted above, robust competition in the group life market appears to be driving 

decreases in pricing. One group life insurance representative explained the decision 

insurers face in this highly competitive group life insurance market as follows: 

To grow business in this highly competitive market, an insurer must take 

business away from a competitor. A decision to stop writing business in a 

given location would be difficult to make up elsewhere. In addition, reentering the market in the area once exited would require the insurer to 

“buy back” accounts through discounted premium rates. In addition, 

because group life insurance is sold as part of a package of benefits, if 

group life insurance is not offered it may have an impact on the sale of 

other products.204 

200 National Association of Insurance Commissioners, Comments to PWG dated April 21, 2006. 201 Swiss Re, Comments to the PWG dated April 20, 2006. 202 Gen Re, Life Health, “2005 U.S. Group Life Market Survey, Executive Summary,” 2006. 203 LIMRA International, “Annual Review,” Group Life Insurance Annual Review, 2005. 204 Group Life Coalition, Comments to the PWG dated April 21, 2006. 

66 
 

 

 

 

Further, in geographic areas where insurers continue to do business, group life 

insurers explain that it is difficult (or they are unable) to price terrorism risk, and the 

highly competitive market environment prevents them from arbitrarily raising rates.205 

Conclusion 

Overall, among the comments received by the PWG, along with further 

consultations regarding group life insurance, there was general agreement – including 

group life insurer trade groups – that in the current market, group life insurance is 

generally available and affordable. For example, ACLI stated in written comments to the 

PWG: “currently, terrorism risk has had no measurable market impact on the availability 

and affordability of group life insurance coverage to policy and certificate holders.”206 

Despite not being eligible to participate in the TRIA Program, group life 

insurance still appears to be widely available in the private market and there has not been 

any impact on cost to policyholders. In the long term, given the likelihood of the 

continuing competitive nature and structure of the group life insurance market, there 

appears to be no reason to believe that current market conditions will not persist. 

C.2. Reinsurance 

Group Life Reinsurance 

Group life insurers generally purchase two types of reinsurance: excess of loss on 

individual lives (covering high value insured lives individually), and catastrophic 

coverage (sometimes called per occurrence excess of loss) on its entire portfolio of 

policies. September 11 is reported to have had little impact on the availability and cost of 

excess of loss on individual lives reinsurance, but did impact the market for catastrophic 

reinsurance. 

Prior to September 11, catastrophic life reinsurance was relatively inexpensive. 

Catastrophic life reinsurance premiums were historically low based on the market’s 

general perception of the low probability of a catastrophic event affecting life insurers. 

Following September 11, much like the reinsurance market for property and casualty 

insurance, reinsurers initially withdrew from the group life market. 

Capacity for catastrophic life reinsurance has gradually returned to the market. 

Overall, the ACLI reported that total group life insurance premiums ceded to reinsurers in 

2004 were $3.9 billion, up from $3.675 billion in 2003.207 Swiss Re noted that there has 

been a general trend of increasing demand for life reinsurance and prices have risen when 

compared with pre-September 11 pricing. Swiss Re did note, however, that the cost of 

terrorism risk catastrophe reinsurance gets less expensive with each year that passes 

205 American Council of Life Insurers, Comments to the PWG dated April 21, 2006. 206 American Council of Life Insurer, Ibid. 207 Life Insurers Fact Book 2005, American Council of Life Insurers. 

67 
 

 

 

 

without a terrorist attack in the U.S.208 The general trend of increased availability of 

catastrophic life reinsurance – with higher prices, modified reinsurance treaty terms, and 

certain limits (i.e., deductibles and policy limits) – has been noted by a number of market 

observers.209 It is reasonable to expect that reinsurance would be available, but at 

different levels, higher prices, and on different terms than prior to September 11 (when 

reinsurance was apparently abundant and less expensive). These current market 

conditions reflect the same general return of capacity to the market as seen in the 

property and casualty market. 

In addition to traditional reinsurance, there is a private industry catastrophe risk 

pool, the Special Pooled Risk Administrators, Inc (SPRA) available for group life risks. 

As of June 30, 2006, the Group Pool provided approximately $334 million in reinsurance 

coverage per company, up to an aggregate payout of $835 million per single event.210 In 

comments to the PWG, Aon reported that additional pools had been established focusing 

on specific geographic areas, such as by small Midwestern carriers, as well as the 

establishment of the Shared Adverse Fluctuation Experience (SAFE) Pool providing 

catastrophic reinsurance for companies with low concentration in major metropolitan 

areas.

211 

The availability and cost of catastrophic life reinsurance leave group life insurers 

with choices. Group life insurers can purchase whatever reinsurance is available at 

higher costs and then attempt to adjust pricing to policyholders to reflect this increased 

cost. This option is available to group life insurers because, as noted above, unlike some 

segments of the property and casualty industry (most prominently workers’ compensation 

insurance), states do not regulate rates for group life insurance. Alternatively, group life 

insurers can forgo purchasing the more expensive reinsurance and retain the risk 

themselves. The ACLI explained during consultations that although available, the 

majority of group life insurers have minimal, if any, catastrophic reinsurance. As the 

group life industry is a very competitive market, group life insurers appear unwilling to 

pass on their increased reinsurance costs or the implicit cost of higher risk retentions to 

their policyholders. 

Conclusion 

Since September 11, just as with property and casualty reinsurance (see section 

B.3), some catastrophic life reinsurance has returned and is available in the marketplace, 

albeit at higher cost when compared to pre-September 11 pricing. Today, group life 

insurers are deciding either to purchase reinsurance or to retain most of the risk – a 

208 Swiss Re, Comments to the PWG dated April 20, 2006. 

209 Aon Corporation, Comments to the PWG dated April 21, 2006; A.M. Best Company, Review/Preview, 

Life Health Edition, (January 2006); Moody’s Investors Service, Special Comment, “Moody’s Looks at 

Terrorism Risk in the U.S. Life Insurance Industry,” February 2006; National Association of Insurance 

Commissioners, Comments to the PWG dated April 21, 2006; Swiss Re, Comments to the PWG dated 

April 20, 2006. 

210 Information provided by Swiss Re, which administrates the SPRA. The pool has a total net amount of 

risk of approximately $1.7 trillion.

211 Aon Corporation, Comments to the PWG dated April 21, 2006. 

68 
decision that has not had any impact on the availability and affordability of group life 

insurance to consumers. It is reasonable to expect catastrophic reinsurance to become 

more available if group life insurers are willing to purchase such coverage. Nevertheless, 

the fact that many group life insurers are electing not to purchase catastrophic reinsurance 

suggests that they are have made a decision to retain their terrorism exposure. 

C.3. Measuring and Managing Risk Accumulations 

Aggregation Risk and Group Life Insurance 

Group life insurance presents aggregation risk exposure to group life insurers in 

that a large number of employees covered under a single group policy or across multiple 

group policies may be concentrated in an office building, city block, or other geographic 

area. In contrast, individual life insurance policies are likely to be distributed more 

widely among different insurers. This type of group life aggregation risk stems from any 

geographically-centered mass-casualty event, whether terrorism or earthquake, or where 

insureds are concentrated, for example, from employee risk of infection from pandemic 

or biological attack. Aggregation risk is inherent in the nature of group insurance, much 

like workers’ compensation insurance, and will continue long term. Much like property 

and casualty insurers, group life insurers have ways to measure and manage this 

aggregation exposure. 

As discussed in section B.1, one way insurers manage aggregation risk is by not 

insuring too many policyholders (certificate holders for group life insurers) in the same 

geographic area, dense metropolitan block, or office building. Prior to September 11, life 

insurers in general did not monitor their aggregation exposure. As noted in section B.1, 

property and casualty insurers have made great strides in managing their aggregation 

exposures. It remains unclear what steps group life insurers have taken to better manage 

aggregation risks. 

Management of Aggregation Risk by Group Life Insurers 

In 2006, Moody’s reported the results of a terrorism risk survey of U.S. life 

insurers, including group life writers (representing some of the largest individual and 

group life writers, and collectively 75 percent of the market based on 2004 premiums) 

and found that overall, life insurers (both individual and group life writers) lag behind 

property and casualty insurers in their ability to quantify and model their potential 

terrorism exposures. The key reasons Moody’s reported for the lack of responsiveness of 

the life insurers were: the relatively low level of September 11 life insurance losses; the 

geographic dispersion of certain types of life insurance business; inadequate policy-level 

data; and the high cost of modeling versus its perceived value. Moody’s concluded that 

over time the gap may narrow; but for now, “life insurers are considerably behind.” 

69 
 

 

Indeed, 40 percent of those surveyed, both group and individual life providers, indicated 

they had not changed their business practices following September 11.212 

Some 70 percent of surveyed life insurers assessed accumulations by 

geographically mapping their larger risk exposures, although data quality varied 

(policyholder versus certificate holder location). Beyond mapping locations of their 

risks, however, only approximately 33 percent actually quantified their maximum loss 

exposure in some way (such as through aggregation or deterministic models). However, 

as compared to individual life companies, Moody’s noted that group insurance providers 

appear to have the most advanced mapping and modeling capabilities but that notable 

exceptions exist. Although an earlier report of Moody’s found that most life insurers 

have sufficient geographic diversification in their portfolios to mitigate terrorism risk,213 

it concluded that most companies could benefit from better and more complete mapping 

(i.e., certificate holder level) and modeling of their business. With few exceptions, most 

respondents to its survey had no plans to expand or develop their current terrorism risk 

assessment approaches. 

As explained in section B.1, modeling aggregate exposure is dependent on the 

quality and quantity of policy-level data. It appears that improvement in this area can be 

made by group life insurers. As Aon and consultations revealed, often group life insurers 

know the billing address or main headquarters of their policyholder, the employer, but 

not the location of each individual certificate holder.214 As this is a matter of better data 

collection, improvement could be made in this area, and such improvements could help 

group life insurers to better manage their aggregation exposures. 

It is not clear to what extent group life insurers can also manage their aggregation 

risk by use of terrorism exclusions or sublimits. Group life insurers initially reported to 

the PWG that state insurance regulators did not allow them to use terrorism exclusions as 

part of their group life insurance policies.215 This claim was, to some degree, inconsistent 

with information provided by the NAIC and various state regulators. The NAIC pointed 

out that unlike workers’ compensation insurance, there are no statutory prohibitions on 

the use of exclusions in group life insurance policies.216 Others that were consulted also 

made this point.217 Further, group life policy forms are reportedly not subject to 

regulatory approval in all states, and in those states where approval is required, the NAIC 

believes that group life insurers have not sought approval of terrorism exclusions for two 

reasons: first, as NAIC acknowledges, regulators would likely not approve exclusions; 

and second, competitive pressures cause group life insurers to decide against seeking 

approval of terrorism exclusions. The American Council of Life Insurers (ACLI) 

212 Moody’s Investors Service, Special Comment “Moody’s Looks at Terrorism Risk in the U.S. Life 

Insurance Industry,” February 2006. 

213 Moody’s Investors Service, Special Comment, “Terrorism Risk Remains Material for Insurers as TRIA 

Expiration Looms,” June 2005. 

214 Aon Corporation, Comments to the PWG dated April 21, 2006. 215 Comments received from, and consultations with the American Council of Life Insurers and the Group 

Life Coalition. 

216 National Association of Insurance Commissioners, Comments to the PWG dated April 21, 2006. 217 Aon Corporation, Comments to the PWG dated April 21, 2006. 

70 
 

 

explained that, despite early assertions, it could not definitively state that terrorism 

exclusions did not exist in any group life policies, nor could it report how many states do 

not allow exclusions.218 In fact, the District of Columbia permits terrorism exclusions, 

while other states, such as New York, do not.219 The ACLI, in clarifying its earlier 

assertion, pointed out that Kansas and North Carolina allow the use of terrorism 

exclusions under some circumstances.220 In the light of the above, it is reasonable to 

conclude that, as the NAIC suggests, the extent to which group life insurers may not be 

using terrorism exclusions seems to be more the result of competitive, rather than 

regulatory pressure. 

Although terrorism exclusions apparently are not being be used by some insurers, 

one way insurers may be able to manage aggregation risk is by lowering limits on group 

policies,221 such as per-certificate coverage maximums222 or by using per-event aggregate 

policy limits (i.e., limit of liability provision).223 Some group life insurance policies 

establish the maximum amount the insurer will pay for losses from a single event, 

regardless of the number of lives lost or the aggregate exposure of the certificate-holders’ 

face amounts of coverage. In this way, group life insurers can manage the maximum 

probable loss from a single plan and manage aggregation exposure. However, it is not 

clear to what extent aggregate policy limits are used or how willing some group life 

insurers are to employ these tools. 

It is also worth noting that most group life insurers manage their overall company 

exposure by writing other types, or lines, of insurance. Most group life insurers are 

multi-line writers and are able to diversify among lines and books of business. 

According to the Insurance Information Institute, of the 30 largest group life insurers, 

only 2 had 90 percent or more of their net written premiums in that line in 2004; 1 had 36 

percent; another, 27 percent; and the rest had 20 percent or less of their business in group 

life insurance.224 

Conclusion 

Group life insurers are capable of managing their aggregate exposures much in 

the same way as property and casualty insurers, but it is unclear to what extent group life 

insurers have made use of these tools. Further improvements by group life insurers in 

218 American Council of Life Insurers, letter to PWG staff dated September 8, 2006. 

219 Based on consultation with the National Association of Insurance Commissioners. 220 The American Council of Life Insurers explains that terrorism exclusions may be approved in these 

states only if an insurer can unequivocally demonstrate to regulators that without the use of such 

exclusions, the insurer will become insolvent. Such a standard appears designed to address the often-heard 

claims by some group life insurers that they may become insolvent in the event of certain terrorist attacks, 

due to their inability to exclude terrorism from their policies. 

221 Moody’s Investors Service, Special Comment, “Moody’s Looks at Terrorism Risk in the U.S. Life 

Insurance Industry,” February 2006. 

222 Aon Corporation, Comments to PWG dated April 21, 2006. 223 National Association of Insurance Commissioners, Comments to PWG dated April 21, 2006. 224 Insurance Information Institute, “Pandemic: Can the Life Insurance Industry Survive the Avian Flu?,” 

January 2006. 

71 
 

 

 

 

managing aggregation risk would be expected to have a positive impact on the ability of 

group life insurers to manage aggregation exposure. 

D. Chemical, Nuclear, Biological and Radiological Coverage 

This section focuses on coverage for chemical, nuclear, biological and 

radiological (CNBR)225 events. Coverage for CNBR, when used in the context of 

terrorism, usually refers to insurance for losses resulting from or arising out of chemical 

dispersal attacks, nuclear weapon detonations, bombings of nuclear facilities, infectious 

biological attacks, and radiological dirty bombs. CNBR coverage for terrorism risk is 

often considered separately from general terrorism risk coverage given the nature and 

potential magnitude of such losses, and the historic treatment of such losses in the 

insurance industry. 

D.1. Market Conditions 

Factors that Impact Overall Availability and Affordability of Terrorism Insurance 

for CNBR Losses 

Historically, insurance coverage for losses associated with CNBR has had more to 

do with the nature of CNBR losses themselves rather than the particular cause of the loss. 

For the most part, insurers did not cover CNBR losses even before September 11, and do 

not cover CNBR losses associated with terrorism today even with a Federal backstop in 

place. As the NAIC noted, “since the policy forms either include or exclude coverage for 

CNBR events without distinction as to the cause of the event, there should be no 

difference in the availability of coverage for such events caused by acts of terrorism.”226 

One of the key factors affecting reinsurer and insurer unwillingness to insure 

CNBR events is the potential size and magnitude of the losses. As discussed in sections 

B.2 and B.3, modeling organizations have made great progress in quantifying the 

expected insured losses that might result from various terrorist attacks. Severity of loss 

depends on the type of attack, location of the target, and assumptions (such as weather 

conditions, etc.). In terms of a CNBR attack, questions remain as to whether such models 

can provide reasonable estimates of losses given all the variables, or whether they can 

even quantify certain types of losses, such as liability. Unlike conventional terrorism, 

insurers have had almost no experience with large-scale CNBR attacks or their resultant 

losses (i.e., no loss experience upon which to estimate future losses). In addition, some 

losses from CNBR events would be long-tail in nature, which adds to the difficulty of 

estimating potential losses. Despite problems associated with modeling CNBR events, 

some scenarios that were submitted to the PWG had losses ranging anywhere from $2 

225 There are other acronyms, such as NBC, NBCR, CBRN, and WMD. We have used the acronym based 

on the word order used by Congress in TRIEA. 

226 National Association of Insurance Commissioners, Comments to the PWG dated April 21, 2006. 

72 
 

 

billion to $158 billion in property losses, and from $22 billion to $484 billion in workers’ 

compensation losses.227 

While insurers have made great strides in managing accumulation risk associated 

with conventional terrorist attacks, the task involving CNBR risks is more difficult given 

the potential geographic scale of some modeled events. The potential for widespread 

damage and losses makes it difficult to limit losses by managing aggregation exposures. 

In addition, potential losses may be of such magnitude and so widespread, both 

geographically and by multiple lines of business, that there is less potential risk 

spreading. In addition, potential losses are of such magnitude that insurers would have 

even greater difficulty in developing actuarial prices. 

Even if insurers were willing to underwrite CNBR terrorism risks, it would be 

difficult for insurers to transfer or spread such risks onto reinsurers or the capital markets. 

In contrast to the reinsurance market for conventional terrorist attacks, coverage for 

CNBR losses is typically excluded from most reinsurance contracts. There is, however, 

some limited reinsurance capacity for CNBR exposure. According to the RAA and 

others, CNBR capacity is in the range of $900 million to $1.6 billion, which is 

approximately 15 to 20 percent of the estimated $6 billion to $8 billion in terrorism 

reinsurance capacity for conventional terrorist acts (see section B.3). To the extent the 

risk is retained, a large-scale CNBR event could lead to losses that would exceed an 

insurer’s surplus and capital. In addition, the likely disruptive effects a large-scale 

CNBR event might have on the overall economy and capital markets would likely affect 

insurers’ asset returns and hamper their ability to secure additional capital in order to 

meet claims. 

Background on Coverage for CNBR Losses 

As discussed in section I.A, most commercial property insurance coverage is 

written on what is called an “all risk” or “all perils” insurance policy, which covers loss 

to the insured property from all causes except those that are expressly excluded. Apart 

from whether a policy has a terrorism exclusion or not, there are other exclusions that 

apply to CNBR events. Generally, with workers’ compensation insurance, CNBR losses 

– no matter how caused – cannot be excluded. In addition, as described below, states that 

have adopted the Standard Fire Policy require that fire resulting from a CNBR event be 

covered no matter how the fire was caused. So in these cases, either all or a portion of 

the losses associated with a CNBR terrorism event may be covered. Whether such losses 

are covered or excluded depends on the particular circumstances surrounding the loss and 

the terms of the insurance policy. 

Also, as discussed in section I.A, TRIA requires that insurers make available 

coverage for acts of terrorism on the same terms and conditions as other types of 

coverage offered as part of the insurer’s commercial property and casualty insurance 

policies. In making coverage available, insurers are not required to make coverage 

227 American Academy of Actuaries, Comments to the PWG dated April 21, 2006. Probabilities for the 

example loss severities were not provided. 

73 
 

 

 

 

available for losses from a CNBR terrorist act if coverage for CNBR exposure is not part 

of the overall policy regardless of the cause of the CNBR damage. Thus, insurers are not 

required to offer terrorism coverage from CNBR losses if such exclusion is also applied 

to losses arising from events other than acts of terrorism, and is permitted by state law. 

Nuclear and Radiological Exclusion 

Even prior to September 11, state insurance regulators had long approved 

exclusions in property polices for losses caused by nuclear reaction, nuclear radiation or 

radioactive contamination. Since September 11, both reinsurers and insurers have 

clarified their policy language regarding these exclusions.228 For policies containing such 

exclusions, a nuclear attack would not likely be covered, depending on the particular 

exclusion. Although policy language may vary, some examples follow. 

Examples of Nuclear Exclusions 

ISO Special Form CP 1030 The insurer “will not pay for loss or damage caused 

directly or indirectly by ... nuclear radiation, or 

radioactive contamination, however caused.” 

Absolute nuclear exclusion Bars recovery from “any injury or damage to or 

arising out of any nuclear device, radioactive 

material, isotope ... or any other chemical element 

having an atomic number above eighty-three (83) or 

any other material having similar properties of 

radioactivity.” 

NAIC Atomic Energy Exclusion Model Law. 

(Adopted in some form in 23 states) 

Allows insurers to attach a written statement to 

policies notifying policyholders that the policy does 

not “cover loss or damage caused by nuclear 

reaction or nuclear radiation or radioactive 

contamination, all whether directly or indirectly 

resulting from an insured peril under said policy.” 

ISO’s Nuclear, Biological or Chemical Terrorism 

Exclusion (Other Than Certified Acts of Terrorism); 

Cap on Losses from Certified Acts of Terrorism 

(developed post-TRIA) 

Excludes losses from “the use, release or escape of 

nuclear materials,” “radiation or radioactive 

contamination,” as well as “the dispersal or 

application of pathogenic or poisonous biological or 

chemical materials.” 

Despite the general presence of nuclear exclusions, fire losses due to a nuclear 

attack would likely be covered in some states with Standard Fire Policy laws (see section 

B.5). Generally, in those states, fire from all causes (except war) is covered. Since a 

nuclear detonation results in fire, losses from fire that follows a nuclear reaction may be 

228 See generally, Swiss Re, “Nuclear Risks in Property Insurance and Limitations of Insurability” 2003; 

ISO Properties, Inc., for exclusions in various standard forms. 

74 
 

 

covered in certain Standard Fire Policy states (however radiological contamination 

without fire damage would generally not be covered). However, some states have 

allowed terrorism exclusions to be added to fire policies. Sixteen States do not allow 

terrorism exclusions. As such, coverage will depend on the terms of each policy and 

applicable state law. 

Operators of nuclear power facilities are also required to have coverage for 

nuclear and radiological exposures. The Price-Anderson Act229 provides liability limits 

and a multi-layered insurance mechanism covering third-party liability (and not firstparty property damage) from certain nuclear incidents, which can include acts of 

terrorism. The Nuclear Regulatory Commission must determine whether an incident is 

substantial enough to trigger Price-Anderson. Under the Act, licensed nuclear reactor 

operators are required to first purchase the maximum amount of liability insurance 

available from private insurers. Operators do this by purchasing approximately $300 

million in offsite liability coverage per reactor from an insurance pool – American 

Nuclear Insurers (ANI) – made up of private insurance companies. Above the $300 

million in coverage, the operators themselves participate in an excess layer of coverage 

pool (administered by ANI), paid for through post-loss, pro-rata (per-reactor) assessments 

levied on each operator, which provides up to $95.8 million per reactor (in installments 

not to exceed $15 million per year); this pooled excess layer has a total current capacity 

of approximately $10 billion.230 Once these indemnification sources are exhausted, the 

operator has no further liability and Congress must determine how third-party victims are 

to be compensated.231 

Pollution Exclusion 

Various forms of what is broadly referred to either as the “pollution exclusion” or 

the “absolute pollution exclusion” are prevalent in insurance policies. While most 

property and general liability policies contain some type of pollution exclusion, there is 

no standard language. A representative form excludes coverage “for loss or damage 

caused by or resulting from ... discharge, seepage, migration, release or escape of 

pollutants” unless caused by certain events. Most policies define terms, such as 

“pollutant”, broadly. Various courts interpret the exclusion differently depending on the 

language used, the particular circumstance involved, and jurisdictional precedents. In 

general, most insurers would expect that their adopted version of the pollution exclusion 

precludes coverage for biological and chemical losses associated with an act of terrorism. 

CNBR Terrorism Exclusion 

Prior to TRIA’s passage, state insurance regulators in most states approved a 

terrorism exclusion for use by admitted carriers (as discussed earlier, surplus lines 

229 Pub. L. 85-256, 71 Stat. 576. 230 Information provided by the U.S. Nuclear Regulatory Commission. 231 The Price-Anderson Act is designed to provide third-party liability coverage for nuclear facility 

operators. In terms of insuring the facilities themselves, property coverage is provided by pools, such as 

Nuclear Energy Insurers Ltd., formed by U.S. operators of nuclear plants. 

75 
 

 

 

insurers are free from state form regulation and did not need such pre-approval). The 

exclusion most states approved for admitted carriers generally provided that terrorism 

resulting in total losses of less than $25 million or where no more than 50 people were 

injured (a relatively small-scale attack) could not be excluded – except in the case of 

CNBR. Terrorism involving CNBR could be excluded regardless of the size of the total 

loss or the number of persons hurt.232 The state-approved exclusion permitted the 

following CNBR terrorism acts to be fully excluded from coverage if the terrorism was 

carried out by means of: 

• The dispersal or application of radioactive material, or through the use of a 

nuclear weapon or device that involves or produces a nuclear reaction, nuclear 

radiation, or radioactive contamination; or 

• Radioactive material is released, and it appears that one purpose of the terrorism 

was to release such material; or 

• The terrorism is carried out by means of the dispersal or application of pathogenic 

or poisonous biological or chemical materials; or 

• Pathogenic or poisonous biological or chemical materials are released, and it 

appears that one purpose of the terrorism was to release such materials.233 

In consulting with the NAIC, it could not be determined why regulators had 

concluded that insurers could cover and would be responsible for $25 million in losses if 

incurred by a conventional terrorist attack, but not $25 million incurred as a result of a 

CNBR-terrorist attack, given that the loss level would be the same. Regulators explained 

that the broad exclusion for CNBR was approved due to the historical treatment 

excluding all losses associated with this risk. 

Workers’ Compensation Insurance 

State law requires that workers’ compensation policies cover CNBR events, 

whether or not caused by terrorism, thereby mandating (and ensuring) availability. 

Workers’ compensation awards are established by state statute and regulation. Workers’ 

compensation insurance, which virtually every state (except Texas) requires employers to 

purchase, covers the employers’ liability for workers’ compensation awards. The scope 

and amount of coverage provided in workers’ compensation policies is set by statute, and 

all carriers in the state must use the same policy form. In mandating the terms, states 

have not allowed insurers to exclude coverage for awards due to injury or death caused 

by terrorism, or by CNBR events caused by terrorists or otherwise, or even for acts of 

war.234 In addition, states exert a significant amount of control over workers’ 

compensation insurance pricing, as noted in the section B.5. 

232 As discussed in Section A, some states, such as New York, did not approve any terrorism exclusions but 

still allowed exclusions for various types of CNBR losses, however caused.

233 See generally, standard forms of ISO Properties, Inc. 

234 TRIA covers workers’ compensation insurance for losses caused by certified acts of terrorism, as well 

as losses caused by war (exclusive line). 

76 
 

It appears that workers’ compensation coverage for CNBR events, terroristcaused or otherwise, will remain widely available and affordable as a matter of state 

public policy. State insurance regulators explained that they did not foresee any changes 

to this over the long term, and insurers agreed.235 However, workers’ compensation 

insurers do face certain challenges. As they have explained, before September 11, 

reinsurance for workers’ compensation covered all events, including acts of terrorism and 

CNBR events. Since September 11, reinsurance has excluded CNBR events. Workers’ 

compensation insurers cannot exclude terrorism or CNBR in their policies, and while 

they can control accumulation, it is not clear how effective that is given the potential 

scale of some types of CNBR events (e.g., plume clouds). Workers’ compensation 

insurers are also not as free to control overall exposure as are other property and casualty 

insurers. Although a workers’ compensation carrier can decline to insure a potential 

policyholder, if an employer cannot acquire any insurance from any market participant 

voluntarily (called the “voluntary market”), it must obtain coverage from a residual 

market in which all workers’ compensation insurers doing business in the state must 

participate and share in that risk. However, as noted in section B.5, despite increasing 

retentions under TRIA and the potential for large CNBR exposures, insurers have 

generally remained in the market. 

Potential for Broad Increases in CNBR May be Limited 

Other than where state law mandates that CNBR terrorism insurance be provided 

(such as with workers’ compensation), there appears to be some limited amount of 

capacity currently available for special coverage for loss arising solely from 

contamination by chemical or biological substances, subject to various limitations, such 

as sublimits. Such coverage is available on a standalone basis from non-admitted surplus 

lines insurers. In addition, the maximum coverage limit available may be in the range of 

only $10 to $50 million (compared to an average of $200 million for conventional 

terrorism). The coverage is reported to be expensive as compared with other insurance (5 

percent Rate on Line, or rate on loss limit). In addition, some policyholders are obtaining 

liability coverage by purchasing environmental or pollution liability policies that include 

terrorism coverage, but at low limits. 

One consequence of TRIA, however, is that CNBR coverage can be obtained 

through use of captive insurers accessing the TRIA Program. A captive insurer is an 

insurance company that insures the risk of its owner and is managed by the owner with or 

without the help of a captive management company. In effect, this is a more formal 

method of self-insurance and lacks the risk transfer that traditional insurance provides. 

Captives are insurers for purposes of the TRIA program, and with their relatively low 

TRIA deductibles, have quicker access to the Federal backstop than a traditional insurer. 

As a result, captives have been promoted as a means of obtaining CNBR coverage at 

relatively little expense and some coverage in the market may exist as a result. However, 

in the long term, captives are unlikely to provide capacity for CNBR coverage without 

access to a Federal reinsurance backstop. 

235 Consultations with the National Association of Insurance Commissioners and insurer groups. 

77 
 

 

 

 

 

Given the historical lack of coverage for CNBR in the absence of a specific 

mandate, the responses to the PWG’s request for comments cast doubt on the 

development of this market. For example, Aon expressed disappointment that more of a 

CNBR market had not developed with TRIA in place.236 This demonstrates that even 

with the offer of Federal participation in CNBR risk, insurers do not wish to cover such 

risks. As AIG stated: “In general, the insurance industry has not historically provided 

coverage for loss to commercial property arising from a nuclear event and it is highly 

unlikely that it will provide such coverage in the future.” 237 Aon put it this way: 

“Basically, the (re)insurance industry views CNBR event exposure as a ‘company killer’ 

where the potential gross aggregate PML (probable maximum loss) is well in excess of 

the industry’s entire capital base.” 238 

Conclusion 

The factors determining the availability and affordability of CNBR coverage in 

the marketplace have more to do with the nature, scale, and uncertainty of the damage 

and losses from CNBR events – however caused – and less to do with terrorism 

specifically. Most of the coverage that exists today is tied to state mandates, most 

prominently workers’ compensation insurance and some aspects of fire insurance through 

the Standard Fire Policy. Even with TRIA in place – which covers CNBR terrorist losses 

but does not mandate that insurers provide it – insurers by and large continue to avoid 

this risk as has historically been the case. There is virtually no CNBR reinsurance 

available, and the modeling issues both for exposure and probability become even more 

complicated for CNBR. Given the general reluctance of insurance companies to provide 

coverage for these types of risks, there may be little potential for future market 

development. 

D.2. Buyer Behavior 

Policyholder Perception of CNBR Risks 

The 2005 Treasury study found that only 35 percent of insurers offered some 

form of CNBR coverage in some of their policies (not including workers’ 

compensation).239 Even with the availability of a Federal backstop, insurers generally 

continued to exclude CNBR where state law permitted it. Moreover, there has been very 

little take-up of what has been available. A recent survey of corporate risk managers 

revealed that roughly 90 percent reported having no coverage for CNBR attacks, with 

less than 10 percent having coverage.240 

236 Aon Corporation, Comments to the PWG dated April 21, 2006. 237 American International Group, Inc., Comments to the PWG dated April 21, 2006. 238 Aon Corporation, Comments to the PWG dated April 21, 2006. 

239 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), p. 77. 

240 Risk and Insurance Management Society, Inc., Member Survey: Terrorism Coverage (July 13, 2006). 

78 
 

 

 

 

The 2005 Treasury study revealed that less than 3 percent of policyholders 

purchased CNBR terrorism risk coverage (not including workers’ compensation) in 2002, 

2003, and 2004. Of the policyholders that did not purchase CNBR coverage, 85 percent 

in 2003 and 64 percent in 2004 indicated that not being at risk was a reason for not 

purchasing CNBR coverage. In contrast, 61 percent in 2003 and 26 percent in 2004 

indicated that high premiums was a reason for not purchasing CNBR coverage. Other 

factors, such as restrictive terms and inadequate coverage, were not widely found to be 

reasons for not purchasing CNBR coverage.241 Take-up could also be affected by 

expectations that the Federal government would provide Federal disaster assistance 

following a catastrophic CNBR event.242 

Conclusion 

Some insurance consumers have expressed an interest in purchasing CNBR 

coverage, but with the limited capacity and relatively high prices, many have decided to 

forgo such purchases. Policyholder expectations regarding lack of potential exposure and 

likelihood of post-disaster Federal aid are probably higher for CNBR risks than for 

relatively smaller-scale conventional terrorist attacks. The 2005 Treasury study found 

that the main reasons for not purchasing CNBR terrorism coverage was that 

policyholders believed either that they were not at risk or that the premiums were too 

high. Unless these expectations change and policyholders are willing to pay higher 

prices, the potential for further development of coverage for CNBR terrorism coverage 

will be limited. 

III. Overall Conclusion 

The market for terrorism risk insurance in the U.S. fundamentally changed 

following September 11. Insurance coverage that was generally provided for free prior to 

September 11, became subject to capacity limits and pricing became relatively expensive. 

The Federal government responded by enacting and extending a government reinsurance 

program in the form of TRIA. 

While there are inherent difficulties in evaluating the long-term nature of the 

terrorism risk insurance market with a government program in place, a number of 

positive developments have occurred in the overall terrorism risk insurance market since 

September 11: improvements in the ability of insurers to model terrorism risk exposure; 

241 U.S. Department of Treasury, Report to Congress, “Assessment: The Terrorism Risk Insurance Act of 

2002,” (June 30, 2005), pp. 105-106.

242 Wharton Risk Management and Decision Processes Center, “TRIA and Beyond,” The Wharton School, 

University of Pennsylvania, August 2005; Dixon, et al., Occasional Paper, “Issues and Options for 

Government Intervention in the Market for Terrorism Insurance,” RAND Center for Terrorism Risk 

Management Policy, 2004, p. 10; Howard Kunreuther & Erwann Michel-Kerjan, “Dealing with Extreme 

Events: New Challenges for Terrorism Risk Coverage in the U.S.,” Wharton Risk Management and 

Decision Processes Center, April 2004, p. 20; Robert Rhee, “Terrorism Risk in a Post-9/11 Economy: The 

Convergence of Capital Markets, Insurance, and Government Action,” Arizona State Law Journal, Vol. 37, 

No. 2 (2005) . 

79 
an increase in reinsurance capacity; improved financial health of the insurance industry 

and a willingness to underwrite additional terrorism risk insurance; generally falling or 

stable prices for terrorism risk insurance even as insurers’ retention of risk has increased; 

and increased buyer demand for coverage. Further improvements in insurers’ ability to 

model and manage terrorism risk and the other factors noted above, will likely contribute 

to the long-term development of the terrorism risk insurance market. However, the 

greater uncertainty associated with predicting the frequency of terrorist attacks along with 

what appears to be a general unwillingness of some insurance policyholders to purchase 

terrorism risk insurance coverage makes any evaluation of the potential degree of longterm development of the terrorism risk insurance market somewhat difficult. 

In contrast to the overall market for terrorism risk insurance, there has been little 

development in the terrorism risk insurance market for CNBR risks since September 11. 

Given that insurance companies have historically excluded coverage for these types of 

losses – even if not caused by terrorism – there may be little potential for future market 

development. 

Finally, there has been little to no disruption in the group life insurance market 

since September 11, even though group life insurers do not have access to the TRIA 

Program. While group life insurers face some of the same issues as property and casualty 

insurers in terms of managing aggregation exposures and reinsurance availability, based 

on what appears to be a highly competitive market today there is no reason to expect that 

those market conditions will not continue in the long term. 

* * * 

80 
 

Appendix 

81 
11460 Federal Register / Vol. 71, No. 44 / Tuesday, March 7, 2006 / Notices 


sroberts on PROD1PC70 with NOTICES

Maritime Administration, MAR–830, 

Room 7201, 400 Seventh St., SW., 

Washington, DC 20590; 

richard.lolich@dot.gov. 

(Authority: 5 U.S.C. App 2, Sec. 9(a)(2); 41 

CFR 101–6. 1005; DOT Order 1120.3B) 

Dated: March 1, 2006. 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. E6–3151 Filed 3–6–06; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF THE TREASURY 

Analysis by the President’s Working 

Group on Financial Markets on the 

Long-Term Availability and 

Affordability of Insurance for Terrorism 

Risk 

AGENCY: Department of the Treasury, 

Departmental Offices. 

ACTION: Notice; request for comments. 

SUMMARY: The Terrorism Risk Insurance 

Extension Act of 2005 requires the 

President’s Working Group on Financial 

Markets to perform an analysis 

regarding the long-term availability and 

affordability of insurance for terrorism 

risk, including group life coverage and 

coverage for chemical, nuclear, 

biological, and radiological events. 

As chair of the President’s Working 

Group, Treasury is issuing this notice 

seeking public comment to assist the 

President’s Working Group in its 

analysis. 

DATES: Comments must be in writing 

and received by April 21, 2006. 

ADDRESSES: Please submit comments (if 

hard copy, preferably an original and 

two copies) to Treasury’s Office of 

Financial Institutions Policy, Attention: 

President’s Working Group on Financial 

Markets Public Comment Record, Room 

3160 Annex, Department of the 

Treasury, 1500 Pennsylvania Avenue, 

NW., Washington, DC 20220. Because 

postal mail may be subject to processing 

delay, we recommend that comments be 

submitted by electronic mail to: 

PWGComments@do.treas.gov. All 

comments should be captioned with 

‘‘President’s Working Group on 

Financial Markets: Terrorism Risk 

Insurance Analysis.’’ Please include 

your name, affiliation, address, e-mail 

address and telephone number(s) in 

your comment. Where appropriate, 

comments should include a short 

Executive Summary (no more than five 

single-spaced pages). All comments 

received will be available for public 

inspection by appointment only at the 

Reading Room of the Treasury Library. 

To make appointments, please call one 

of the numbers below. 

FOR FURTHER INFORMATION CONTACT: C. 

Christopher Ledoux, Senior Policy 

Analyst, Office of Financial Institutions 

Policy, 202–622–6813; or Mario 

Ugoletti, Director, Office of Financial 

Institutions Policy, 202–622–2730 (not 

toll free numbers). 

SUPPLEMENTARY INFORMATION: On 

November 26, 2002, the President 

signed into law the Terrorism Risk 

Insurance Act of 2002 (Pub. L. 107–297, 

116 Stat. 2322) (hereinafter referenced 

as ‘‘TRIA’’). TRIA’s purposes are to 

address market disruptions, ensure the 

continued widespread availability and 

affordability of commercial property 

and casualty insurance for terrorism 

risk, and to allow for a transition period 

for the private markets to stabilize and 

build capacity while preserving state 

insurance regulation and consumer 

protections. Title I of TRIA established 

a temporary Federal program of shared 

public and private compensation for 

insured commercial property and 

casualty losses resulting from an act of 

terrorism, as defined in the Act. TRIA 

authorized Treasury to administer and 

implement the Terrorism Risk Insurance 

Program (Program), including the 

issuance of regulations and procedures. 

As originally enacted, the Program was 

to end on December 31, 2005. 

Congress subsequently approved and 

on December 22, 2005, the President 

signed into law the Terrorism Risk 

Insurance Extension Act of 2005 (Pub. 

L. 109–144, 119 Stat. 2660) (the 

Extension Act). The Extension Act 

continued the Program for two years 

until December 31, 2007, revised several 

structural aspects of the Program, and 

required an analysis of the availability 

and affordability of terrorism risk 

insurance. Specifically, the Extension 

Act amended section 108 of TRIA to 

require the President’s Working Group 

on Financial Markets,1 in consultation 

with the National Association of 

Insurance Commissioners, 

representatives of the insurance 

industry, representatives of the 

securities industry, and representatives 

of policy holders, to perform an analysis 

regarding the long-term availability and 

affordability of insurance for terrorism 

risk, including group life coverage and 

coverage for chemical, nuclear, 

biological, and radiological events. This 

Notice seeks comment from these and 

1The President’s Working Group on Financial 

Markets (established by Executive Order 12631) is 

comprised of the Secretary of the Treasury (who 

serves as its Chairman), the Chairman of the Federal 

Reserve Board, the Chairman of the Securities and 

Exchange Commission, and the Chairman of the 

Commodity Futures Trading Commission. 

any other interested parties as a means 

of satisfying the consultation 

requirement in the most open and 

efficient manner. TRIA, as amended by 

the Extension Act, requires the 

President’s Working Group on Financial 

Markets to submit a report to Congress 

on its findings no later than September 

30, 2006. 

Treasury, on behalf of the President’s 

Working Group, is soliciting comments, 

including empirical data and other 

information in support of such 

comments, where appropriate and 

available, regarding the long-term 

availability and affordability of 

insurance for terrorism risk, including 

terrorism risk insurance coverage for 

group life and for chemical, nuclear, 

biological, and radiological events. We 

request that submitters distinguish 

between risk from foreign and domestic 

terrorism in their comments. In 

addition, we seek and solicit comment 

in response to the following specific 

questions: 

I. Long-Term Availability and 

Affordability of Terrorism Risk 

Insurance 

1.1 In the long-term, what are the 

key factors that will determine the 

availability and affordability of 

terrorism risk insurance coverage? How 

can these factors be measured and 

projected? 

1.2 What improvements have taken 

place in the ability of insurers to 

measure and manage their accumulation 

of terrorism risk exposures? How will 

this evolve in the long-term? 

1.3 What improvements have taken 

place in the ability of insurers to price 

terrorism risk insurance, including in 

the development and use of modeling? 

How will this evolve in the long-term? 

1.4 How, if at all, were primary 

insurers’ pricing decisions affected by 

the anticipated expiration of TRIA at the 

end of 2005, particularly for insurance 

policies extending into 2006 that cover 

terrorism risk? What role did the pricing 

and availability of reinsurance play in 

those decisions? 

1.5 What role do mitigation efforts 

related to terrorism risk play in an 

insurer’s underwriting and pricing 

decisions? How will this evolve in the 

long-term? 

1.6 What is the current availability 

of reinsurance to cover terrorism risk? 

Please distinguish by line or type of 

insurance being reinsured and on what 

basis (treaty or facultative). How will 

this evolve in the long-term? 

1.7 At what policyholder retention 

levels are insurance programs being 

structured to cover terrorism risk; and, 

with regard to insurers, how are 

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Federal Register / Vol. 71, No. 44 / Tuesday, March 7, 2006 / Notices 11461 

reinsurance programs likewise being 

structured? Please comment on the 

availability and affordability at each 

level. 

1.8 In the long-term, what are the 

key factors that will determine the 

amount of private-market insurer and 

reinsurer capacity available for 

terrorism risk insurance coverage? How 

will this evolve in the long-term? Please 

comment on potential entry of new 

capital into insurance markets. 

1.9 To what extent have alternate 

risk transfer methods (e.g., catastrophe 

bonds or other capital market 

instruments) been used for terrorism 

risk insurance, and what is the potential 

for the long-term development of these 

products? 

1.10 To what extent have captive 

insurance companies been used for 

terrorism risk insurance, and what is the 

potential for the use of captive insurers 

to insure against such risk long-term? 

1.11 Have state approaches made 

coverage more or less available and 

affordable, such as through permitted 

exclusions and rate regulation? To what 

extent will the long-term availability 

and affordability of terrorism risk 

insurance be influenced by state 

insurance regulation? Please comment 

on state approaches to ensure the 

continued availability and affordability 

of terrorism risk insurance in the 

absence of the TRIA Program being inplace (include state approaches after 

September 11, 2001 and before TRIA 

became law on November 24, 2002, as 

well as state approaches in preparation 

for the expiration of the TRIA Program). 

1.12 What are the differences in 

availability and affordability of 

terrorism risk insurance between the 

licensed/admitted market and the nonadmitted/surplus lines market, and, if 

so, to what degree are those changes 

attributable to the degree and manner in 

which each market is regulated? 

1.13 What are the differences in 

availability and affordability of 

terrorism risk insurance coverage for 

losses at U.S. locations as compared to 

such coverage for losses at non-US 

locations? 

II. Long-Term Availability and 

Affordability of Group Life Insurance 

Coverage 

2.1 What impact, if any, does 

terrorism risk have on the availability 

and affordability of group life insurance 

coverage to the policy holder (e.g., 

employer) and certificate holders (e.g., 

employees)? How will this evolve in the 

long-term? 

2.2 To what extent is an insurer’s 

decision to issue group life coverage 

influenced by aggregation or 

accumulation risk in certain locations? 

What steps have group life insurance 

providers taken or do they plan to take 

to offset any aggregation or 

accumulation risk? 

2.3 Has terrorism risk made group 

life coverage less affordable to the 

policy or certificate holder? Have group 

life insurance rates increased or 

decreased as compared to rates before 

and since September 11, 2001? 

2.4 Please explain how group life 

insurance coverage may be bundled 

with other coverages and benefits 

provided through an employee-benefits 

program, and how group life coverage is 

priced, either separately or collectively, 

through such programs. Please describe 

any effects competition has on such 

pricing. 

2.5 Are group life providers 

voluntarily providing coverage for loss 

of life arising out of or resulting from 

acts of terrorism, or is coverage 

mandated by any state or federal laws? 

Are group life providers prohibited by 

law from excluding terrorism risk from 

group life insurance policies? 

2.6 Has terrorism risk affected 

segments of the group life market 

differently, such as in the case of small/ 

medium sized employers, and if so, 

why? 

2.7 In the long-term, what are the 

key factors that will determine the 

availability and affordability of 

terrorism risk insurance coverage for 

group life insurance? 

III. Long-Term Availability and 

Affordability of Insurance Coverage for 

Chemical, Nuclear, Biological, and 

Radiological (CNBR) Events Caused by 

Terrorism 

2

3.1 What is the current availability 

and affordability of coverage for CNBR 

events, and for what perils is coverage 

available, subject to what limits, and 

under what policy terms and 

conditions? Is there a difference in the 

availability and affordability of coverage 

for CNBR events caused by acts of 

terrorism? 

3.2 What was the general availability 

of coverage for CNBR events prior to the 

terrorist attack of September 11, 2001? 

To what extent, subject to what limits, 

and for what perils was coverage 

available? Did it cover acts of terrorism? 

3.3 If coverage for CNBR events 

caused by acts of terrorism is available, 

please describe generally to what extent 

(i.e., limits, locations, exclusions, etc.) 

2Though CNBR is commonly used to refer 

collectively to chemical, nuclear, biological, and 

radiological losses, comments can be narrow in 

addressing any of the coverages. If the comment 

makes such a distinction, please make clear which 

coverage is being addressed. 

for what kinds of insurance and from 

what types of insurers (i.e., large/small, 

admitted/surplus lines, etc.). How will 

this evolve in the long-term? 

3.4 To what extent is terrorism risk 

coverage available and affordable for 

nuclear facilities and for chemical 

plants, manufacturers, and industrial 

chemical users? 

3.5 To what extent, both prior to and 

since September 11, 2001, have various 

states allowed insurers to exclude 

coverage for CNBR events? Please 

comment on requirements for workers’ 

compensation and fire-following 

coverage. 

3.6 It appears that some insurers are 

unwilling to provide coverage for CNBR 

events caused by acts of terrorism even 

with the federal loss sharing provided 

by the TRIA Program. Why would this 

be the case given that TRIA limits an 

insurer’s maximum loss exposure? 

3.7 In the long-term, what are the 

key factors that will determine the 

availability and affordability of 

terrorism risk insurance coverage for 

CNBR events? 

Dated: February 27, 2006. 

Emil W. Henry, Jr., 

Assistant Secretary of the Treasury. 

[FR Doc. E6–3150 Filed 3–6–06; 8:45 am] 

BILLING CODE 4811–37–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Veterans’ Disability Benefits 

Commission; Amendment Notice of 

Meeting (FR Doc. 06–1514 Filed 2–16– 

06; 8:45 a.m.) 

The Department of Veterans Affairs 

(VA) gives notice under Public Law 92– 

463 (Federal Advisory Committee Act) 

that the Veterans’ Disability Benefits 

Commission meeting scheduled on 

March 16–17, 2006, at the Holiday Inn 

National Airport, 2650 Jefferson Davis 

Highway, Arlington, VA, will begin 

each day at 8 a.m. instead of 8:30 a.m. 

to allow more time for Commission 

discussion. 

For additional information, please 

contact Mr. Ray Wilburn, Executive 

Director, Veterans’ Disability Benefits 

Commission, 1101 Pennsylvania 

Avenue, NW., 5th Floor, Washington, 

DC 20004, or by e-mail at veterans@vets 

commission.intranets.com. 

Dated: February 27, 2006. 

By Direction of the Secretary. 

E. Philip Riggin, 

Committee Management Officer. 

[FR Doc. 06–2109 Filed 3–6–06; 8:45 am] 

BILLING CODE 8320–01–M 
NAIC's Compendium of State Laws on Insuran.ce Topi.cs 

PROPERTY AND CASUALTY COl\iMERCIAL LINES RE-ENGINEER.ING 

The date following each state indi cates t h e last time . m formation i or the s t a t e was reviewed/ c h ane:e d

STATE CITATION CRITERIA FOR EXEMPTION EXEMPTIO

REQUIR

AL No provision 

AK § 21.39.040 The statute gives authority for_ the director to adopt regulations consistent 

with the NAIC Property and Casualty Rate and Policy Form Model Act. 

AZ No provision 

AR §§ 23-67-206, 23-79-109 Property and casualty insurance for large commercial risks, excluding

workers' compensation, employers liability and professional liability. Large

commercial risk means an insured with: • Total premium of$250,000 or more for property and casualty

insurance; and • At least 25 employees; and . Full time risk manager .

Rate and form filing

CA No provision 

co §§ 10-4-1401 to 10-4-1404 Commissioner shall adopt regulation defining what organizations and 

entities qualify as exempt commercial policyholders. Commissioner shall 

mandate that exempt commercial policyholders procure insurance through 

a risk manager. 

Rate filing and appr

requirements. 

Ins. Reg. 5-1-13 Exempt commercial policyholder means a person that procures fire, 

casualty, inland marine, etc. insurance through the use of a risk manager. 

Does not include title insurance or worker's compensation coverage. Must 

meet at least one of the following: • Aggregate premiums of $50,000 during most recent year . Net worth of $10 million . Net sales or renewal of$10 million . At least 25 full-time employees . If a nonprofit, annual operating budget of at least $2.5 million; or, if a 

public entity, annual operating budget of $10 million . If a municipality, has a population of at least 20,000 

© 2005 National Association of Insurance Commissioners 
NAIC's Compendium of State Laws on lllsurancc Topics 

PROPERTY AND CASUALTY COMMERCIAL LINES RE-ENGINEERING 

STATE CITATION CRITERIA FOR EXEMPTION EXEMPTI

REOum.EME

CT No provision 

DE No provision 

DC 

(2/04) 

§§ 31-2701, 31-2714 An "exempt commercial risk" is an entity that meets one of the following 

criteria: 

. Retains a riskmanager; 

. Net worth over $2 million; 

. Annual revenues in excess of $2 million; 

.

10 or more employees; 

. Aggregate insurance premiums over $10,000; 

.

Insured property value of $2 million or more; or 

. Is a not-for-profit or public-body generating annual budgeted 

expenditures of at least $5 million. 

Rate and form filing

FL No provision 

GA Reg. ch. 120-2-77 Large commercial risks meet all these criteria: . 25 or more full-time employee; . $1.5 million or more in assets; . annual revenue of $2.5 million or more; and . Annual P/C premiums from Georgia operations in excess of$50,000

or $250,000 for risks with multistate locations 

© 2005 National Association of Insurance Commissioners 

Rate filing. 
NAIC's Compendium of State Laws on Insurance Topics 

RTY AND CASUALTY COM1\1ERCIAL LINES RE-EN PROPE GINEERING 

EXEMPTIO

REQUI

STATE CITATION CRITERIA FOR EXEMPTION 

HI No provision 

ID No provision 

IL Illinois is a no-file state. 

IN 

(8/03) 

§§ 27-1-22-2.5 to

27-1-22-4

Exempt commercial policyholder meets three of these criteria: . Not worth over $25 million; . Net revenue or sales over $50 million; . More th

h

an 25 employees for a company or 50 or more for holding 

company; •

. Aggregate yearly commercial premium of more than $75,000 

(excluding workers' compensation and professional liability); • Nonprofit or public entity with annual budget of at least $25 million;

and • Buys insurance through a risk manager .

Rate and form filing

IA No provision 

KS § 40-955 Except for workers' compensation and employer's liability lines, the 

following commercial line risks are exempt from filing: . Risks written on an excess or umbrella basis; . Commercial risks not rated according to manual, rating plans or 

schedule; . Large risks; . Special risks designated by the commissioner . 

Large risk means the insured has: . Total insured property value of$5 million or more; . . Total annual gross revenues of$10 million or more; and . In preceding year a total paid pren?,ium of $50,000 or more for property 

insurance, $50,000 or more for general liability insurance, or $100,000 

or more for multiple lines policies. 

© 2005 National Association of Insurance Commissioners 

Rate filing. 
NAIC's Compendium of State Laws on Insurance Topics 

PROPERTY AND CASUALTY COMMERCIAL LINES RE-ENGINEERING 

EXEMPTIO

REQUIR

STATE CITATION CRITERIA FOR EXEMPTION 

KY § 304.11-020 Exempts policies sold to industrial insureds, government entity insureds 

and exempt commercial policyholders. 

"Industrial insured" is an insured that: . Uses full-time employee acting as insurance manager or buyer . $25,0Q0 or more annual premi

ums . At least 25 full-time employees . Already considered industrial insured . 

"Government entity insured" is an insured that . Is located in city or county with population of at least 50,000 · . Uses full-time employee acting as insurance manager or buyer . At least $100,000 in premiums, excluding life, health, annuity . At least 50 full-time employees . . Satisfies criteria in regulation 

"Exempt commercial policyholder'' means an insured that: . Uses full-time employee as an insurance manager or buyer; and . City or county with population over 50,000 or a not-for-profit with 

yearly budget over $25 million, or . Meets all four of the following criteria: • $500,000 premiums . Net worth of$25 million . Net revenue or sales of $50 million in prior year 

• 100 employees or 200 for holding company 

.

© 2005 National Association of Insurance Commissioners 

Rate and form filing
NAIC's Compendium of State Laws Insurance on Topics 

PROPERTY AND CASUALTY C01\1MERCIAL LINES RE-ENGINEERING 

CRITERIA FOR EXEMPTION STATE CITATION 

LA 

(5/05) 

§ 22:620; Reg. 37:XIII.9001e

to 37:XIII.9021 (Reg. 72)e

Special commercial entities, as defined by the commissioner by regulation. 

An exempt commercial policyholder meets the following criteria: . Aggregate premium, excluding workers' compensation and 

employers' liability of more than $200,000 a year; . Not less than 50 employees, or 100 for affiliated group; . If a municipality, not less than 50,000 population; . If a public entity, an operating budget of not less than· $20 million; . Must sign certification form acknowledging form filing is exempt 

from review by the dept 

Form filing. 

§ 22:1401.1;e

Reg. 37:XIlI.9301 toe

37:X:Ill.9319 (Reg. 80)e

If have at least $10,000 in annual premiums, file rates for informational 

purposes only in a competitive mrketplace. a Does not apply to workers' 

comoensation or medical maloractice. 

Rate filing. 

:ME 

(5/05)

tit. 24-A § 2412-A •· Policyholder must utilize a risk manager to procure insurance 

. Must have aggregate premiums of $50,000 or more, excluding worker's 

compensation, medical malpractice, life, health and disability 

In addition must meet two of these three criteria: • Net worth of$10 million

• Net revenue of$5 million

. More than 25 employees or 50 over for holding company

Rate and form filing 

MD Ins. § 11-206 "Exempt commercial policyholder" is one paying at least $75,000 in annual 

premiums and meeting two of the following criteria: . Annual revenue of$10 million . Net worth of$5 million . At least 25 full-time employees . Nonprofit with annual budget of at least $10 million 

• Municipality ofat least 15,000 population 

EXEMPTIO

REQUIR

Policy forms, excep

© 2005 National Association of Insurance Commissioners 
NAIC's Compendium of State Laws on Insurance Topics 

PROPERTY AND CASUALTY COMMERCIAL LINES RE-ENGINEERING 

STATE CITATION 

MA

(8/04) 

§§ 175.224 to 175.225 Large commercial policyholder must have aggregate $30,000 premiums 

excluding workers' compensation and meet at least 2 of the following: • Net worth of $10 million . Net revenue or sales of$5 million . At least 25 employees per company or 50 per holding company

aggregate . Nonprofit or public entity with budget or assets of $25 million • Municipality of 20,000 or more population . Retains a full-time risk manager with certain credentials

Rate and form filing 

MI No provision 

MN No provision 

MS No provision 

MO 

(2/03) 

§§ 379.321 Commercial casualty insurance is defined as that procured for a business or 

nonprofit organization. Commercial property is defined as property 

insurance for business and professional interests. 

File rates for inform

MT No provision 

. 

-CRITERIA FOR EXEMPTION

. 

EXEMPTIO

REQU

© 2005 National Association of Insurance Commissioners 
NAIC's Compendium of State Laws on Insurance Topics 

PROPERTY AND CASUALTY COMMERCIAL LINES RE-ENGINEERING 

STATE CITATION EXEMPTIO

REQU

CRITERIA FOR EXEMPTION 

NE Reg. tit. 210 ch. 73 The regulation sets up 3 classes of exempt commercial policyholders: 

(1) either: -· Uses a risk manager, - Generates at least $100,000 in aggregate commercial lines P/C

premiums yearly and - Meets at least two of the following c-0nditions: - $250,000 in premiums, excluding worker's compensation and

medical professional liability or $1 million in premium including

the above, - net worth of at least $25 million, - net revenue or sales at least $50 million, - employs at least 250, - if a not-for-profit or government entity, budget of at least $25

million.

or 

- generates at least $100,000 in aggregate premiums, and - in a jurisdiction with greater aggregate premiums than Nebraska, - not required to use rating manuals - not required to use filed forms

access to sruplus lines not limited to a requirement that not

available from licensed insurer.

Exempt from rate an

workers' compensati

Surplus lines doesn't 

coverage not availab

(2) must meet one of these sets of conditions: - Uses a risk manager and generates $50,000 in premiums; - $250,000 in premiums, excluding worker's compensation and

medical professional liability or $1 million in premium including the

above, - $50,000 in premiums and, in a jurisdiction with greater premiums

than Nebraska, not subject to rating manuals or form filing

requirements.

Exempt from rate an

-

(3) must meet one of these sets of conditions: - Uses a risk manager and generates $25,000 in premiums; - $100,000 in premiums, excluding worker's compensation and

medical professional liability or $250,000 in premium including the

above - $25,000 in premiums and, in a jurisdiction with greater premiwns

than Nebraska, not subject to rating manuals.

© 2005 National Association of Insurance Commissioners 

·

Exempt from rate fil
NAIC's Compendi

um of State μws on. Insurance Topics 

PROPERTY AND CASUALTY COMMERCIAL LINES RE-ENGINEERING 

EXEMPTIO

REOum.E

STATE CITATION CRITERIA FOR EXMPTION 

. NV No provision 

NH § 414:4

. 

Filing requirements do not apply to policies issued to large scale 

commercial insured. Defined as insured that: 

• Pays annual aggregate insurance premiums of$500,000 or more; and

• Meets any of the following additional criteria:

- Net revenues or sales annually in excess of$100 million;

- Employs more than 500 employees per individual insured or 1000 

employees in the aggregate;

- Full-time employee acts as insurance manager or retain qualified 

insurance consultant; 

- Net worth in excess of$50 million;

- Not-for-profit or public agency with annual budget of at least $45

million; and

- Municioalitv with oovulation of more than 50 000.

Rate filing. 

NJ No provision ' 

NM 

(2/05) 

§ 59A-18-12 Authority to exempt some market segments from rate regulation law. 

Reg. 13.8.2.26 Filings exempt from prior approval if for commercial insurance ( except 

workers compensation, medical liability, or ski basin liability) and the 

filing does not result in a renewal rate change greater than 25% for a 

oolicyholder with urrent c vremiums less than $10,000. 

NY No provision 

NC No provision 

ND No provision 

@ 2005 National Association of Insurance Commissioners 
NAIC's Compendium of State Laws on Insurance Topics 

PROPERTY AND CASUALTY COMMERCIAL LINES RE-ENGINEERING 

EXEMPTIO

REQUIRE

STATE CITATION CRITERIA FOR EXEMPTION 

OH No provision 

OK tit. 36 § 997 Following categories of commercial lines risks are special risks and are 

exempt: 

• Risks written on excess or umbrella basis

• Commercial lines insurance risks not rated according to manual, rating

plan or schedules

• Commercial lines insurance risks with minimum annual premium total

of$10,000

• Specifically designated special risks ( commercial aviation, credit,

boiler, inland marine, surety, etc.)

Rate filing. 

OR No provision 

PA §§ 40-66-101 to 40-66-119 Large commercial risk is one whose aggregate premium, excluding 

workers' compensation, totals at least $25,000, or that has at least 25 

employees, and for which the entity uses a risk manager. Commissioner 

may adjust these nwnbers by regulation. Commissioner may require filing 

for large commercial risks in noncompetitive market. 

Rate and form filing

RI §§ 27-65-1 to 27-65-2 Commercial policyholders exempt if use a risk manager and meet any two 

of these criteria: 

• Net worth over $50 million

• Net revenue or sales over $100 million

• More than 500 employees per company or 1,000 employees per

holding company agg

regate 

• Aggregate premium over $150,000, excluding workers' compensation,

health and professional liability

Rate and form filing 

SC 

(2/04) 

§§ 38-1-20; 38-61-25;

Ins. Reg. 69-64

Exempts rates filing for commercial policyholders as set by commissioner. 

Commissioner may set other standards by regulation. 

Rate filing. 

© 2005 National Association of Insurance Commissioners 
NAIC's Compendium of State Laws Insurance on Topics 

PROPERTY AND CASUALTY COMMERCIAL LINES RE-ENGINEERING 

STATE CITATION 

SD 

(8/05) 

§§ 58-24-68 to 58-24-74

CRITERIA FOR EXEMPTION 

Exempt commercial policyholder is one that uses a risk manager and meets 

at least 2 of the following: . Has purchased at least $100,000 of insurance in past year; . Net worth of at least $IO million . Net sales or revenue of at least $10 million on last financial statement; . At least 100 full-time employees; . If a nonprofit, an annual budget of at least $2.5 million; . If a public entity, an operating budget of at least $10 million; • If a municipality, a population of at least 20,000 .

Rate and form filing

TN No provision 

TX No provision 

UT No provision 

VT No provision 

VA 

(8/05) 

§ 38.2-1903.1 Exempts large commercial policyholder that uses a risk manager. 

Must meet two of the following six criteria: 

.• Net worth over $2 million 

. Annual revenue over $2 million 

. More han t IO employees

.• Nonprofit with budget of$5 million 

• Municipality with population exceeding 30,000

. Pays aggregate insurance premiums in excess of$25,000

EXEMPTIO

REQUIR

Rate and form filing 

and professional liab

commercial risks; fo

auto policies issued 

© 2005 National Association ofInsurance Commissioners 

.•

.•

.•

.•
NAIC's. Compendium of State Laws on Insurance Topics 

PROPERTY AND CASUALTY COMMERCIAL LINES RE-ENGINEERING 

STATE 

WA 

(2/04) 

CITATION 

Reg. 284-24-120 

CRITERIA FOR EXEMPTION 

Rate filing requirements are suspended with respect to large commercial 

property/casualty accounts. Defined as an account with enough insurancebuying experience to negotiate in a largely unregulated environment. Must 

meet two of the following criteria: 

• Annual premium of $100,000 or more excluding workers'

compensation

• Net revenues in excess of$100 million

• More than 200 employers

• Net worth over $50 million

• Not-for-profit with budget or assets of at least $45 million

• Municipality with a population over 50,000

EXEMPTIO

REQUIR

Rates 

WV 

(8/05) 

§ 33-6-8 Commercial lines property and casualty form filings are file and use; does 

not include medical malpractice. 

Forms 

§ 33-20-4 Commercial lines property and casualty rate filings are file and use; does 

not include medical malpractice. 

Rates 

WI No provision 

WY No provision .

This chart does not constitute a formal legal opinion by the NAlC staff on the provisions of state law and should not be relied upon as such. Every effort has be

accurate summ:uies to assist the reader ln targeting useful information. For further detaUs, the statutes and regulations cited shonld be consulted. The NAI

information; however, readers should consult state law for additional adoptions. 

@ 2005 National Association oflosurance Commissioners 
 

 

 

 

 

 

Standard Fire Policy States

STATE USES

SFP?

TERRORISM 

EXCLUSION? 

ENACTED SINCE 

9/11

Alabama No

Alaska No

Arizona Yes Commercial Lines Only 2005

Arkansas No

California Yes No

Colorado No

Connecticut Yes Commercial Lines Only

Only while TRIA in effect 

2004

Delaware No

DC No

Florida No

Georgia Yes No

Hawaii Yes No

Idaho Yes Commercial Lines Only

Foreign Terrorism Only

2005

Illinois Yes No

Indiana No

Iowa Yes No

Kansas No

Kentucky No

Louisiana Yes Commercial Lines Only 2003

Maine Yes No

Maryland No

Massachusetts Yes No

Michigan Yes Commercial Lines Only 2003

Minnesota Yes Commercial Lines Only 2003

Mississippi No

Missouri Yes No

Montana No

Nebraska Yes Commercial Lines Only 2003

Nevada No

New Hampshire Yes Fire or Other Perils 2003

New Jersey Yes No

New Mexico No

New York Yes No

North Carolina Yes No

North Dakota Yes Commercial Lines Only 2005

Ohio No

Oklahoma Yes Commissioner 

Discretion 

2003

Oregon Yes No

Pennsylvania Yes No

Rhode Island Yes Commercial Lines Only 2004

South Carolina No

South Dakota No

Tennessee No

Texas No

Utah No

Vermont No

Virginia Yes Commercial Lines Only

Only while TRIA in effect

2003

Washington Yes No

West Virginia Yes No

Wisconsin Yes No

Wyoming No

Source: NAIC