How High is Up? Using Data Analytics to Determine the Right Liability Insurance Limits
Insurance losses due to reviver statutes for legacy abuse claims, social inflation and nuclear verdicts are driving up liability insurance rates. Some underwriting executives including those at Hub International have posited that reducing policy limits saves money and can make nonprofits less attractive targets for the plaintiffs’ bar — but choosing the right level of insurance protection requires a deeper analysis.
When plaintiffs’ attorneys prosecute abuse and molestation cases, one of the first lines of questioning typically involves the target’s insurance protection: What type of policy and how much will it cover? Many attorneys take a pragmatic “grab-and-go” approach by demanding policy limits, collecting those sums and moving on to new opportunities rather than face a jury trial. In such instances, low insurance limits may discourage aggressive, protracted litigation.
However, limited insurance protection won’t immunize an organization for an egregious case of willful, wanton misconduct — such as serial abuse or vehicular manslaughter by an impaired driver. Juries won’t tolerate wanton negligence and won’t stop at an organization’s insurance limits when awarding financial damages. The bankruptcies of multiple Roman Catholic dioceses and the Boy Scouts of America illustrate the perils of inadequate insurance protection.
Use Data Analytics to Determine the Correct Insurance Mix
Weighing the benefits of lower liability limits against maintaining potentially insufficient coverage if a calamitous event occurs requires a deep dive into an organization’s net assets, annual revenues, location and relative prominence. While many organizations look to benchmarking data as a barometer, this is a flawed approach because finding “comparable” nonprofits is subjective. Do you benchmark organizations by Standard Industrial Classification (SIC)? By revenues or net assets? Headcount? Location?
Even if the benchmarking sources use a credible pool of organizations sharing similar characteristics, are the decisions made by those nonprofits necessarily appropriate for the organization seeking insurance guidance?
A better approach is to take an inwardly focused look at the organization’s metrics. A nonprofit can use analytics modeling tools to examine its own claims history and financials, and run thousands of loss simulations against a robust industry database of benchmark incidents. These Monte Carlo simulations will generate a wide range of potential situations, outcomes and probabilities, quantifying the organization’s projected loss frequency and severity from those events.
This data equips the nonprofit with information it needs to select an optimal insurance structure and yields objective recommendations for risk management and a defensible basis for insurance decisions.
Calibrating your insurance limits in today’s dynamic legal environment doesn’t have to be a guessing game. A skilled risk advisor can be a valuable resource to stretch your insurance dollars and fortify protection where it’s needed most.
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LUK, Inc. recently learned that one of the founders of the organization and retired Chief Executive Officer, Punky Pletan-Cross, passed away on August 5, 2025 after a sudden illness. He was surrounded by his life partner and wife of 52 years, Cris Pletan-Cross who also worked for LUK for 26 years.
