25 Errors and omissions (E&O) Rate trends • Rates remain stable because of competition and ample capacity, with some risks able to obtain rate decreases. • As with D&O, there is less pressure now to increase retentions. Considerations/conditions • There are signs of increased • There has been no improvement capacity leading to more with technology risks, stabilized pricing, with carriers cryptocurrency, or NFTs as they willing to combine D&O and E&O present signi昀椀cant risks. Coupled in one policy. with coverage ambiguity between • Major carriers are exhibiting more E&O and cyber, underwriters remain apprehensive to provide broad underwriting 昀氀exibility than in enough coverage that is meaningful. previous quarters. • Challenging risks, such as • Health care related technology E&O remains di昀케cult, particularly manufacturers E&O, certain real for insureds providing software estate-related classes, mortgage to hospitals to manage their brokers, and startup E&O for billing processes and/or protect franchises often require excess and surplus lines markets. con昀椀dential information. • Lawyers’ professional liability remains di昀케cult if certain areas of practice include wills and trusts, patent prosecution, or con昀氀icts of interest (which is most often an alleged wrongful act).
Year-end 2022 | State of the Market Report Page 25 Page 27