LIABILITY

Abundant capacity offset by unyielding severity

Although we are seeing abundant capacity in many areas, the liability market remains bifurcated by line, exposure, and risk quality. In the fourth quarter, rates rose 1.6% for general liability (GL) and 6.6% for auto liability, on average, according to data from the Council of Insurance Agents & Brokers (CIAB).*** (See Figure 14.)

Median lead umbrella price per million rose 7.9% in the fourth quarter, according to Lockton data, while median excess casualty price per million rose 8.8%. (See Figure 15.)

Pricing increases are moderating; although conditions vary based on line and industry, some buyers are even seeing flat primary renewals:

  • GL buyers are generally renewing flat to up 5%, with high-quality risks achieving flat renewals, while those with heavy U.S. exposure or adverse loss histories continue to see single-digit rate increases.
  • Commercial auto buyers are generally renewing up 8% to 15%, making auto the most persistently challenged line in the casualty sector. Despite years of sustained rate increases, combined ratios remain elevated as rising repair costs, increased litigation activity, and nuclear verdict exposure continue to drive losses.
  • Umbrella and excess buyers are generally renewing up 5% to 10%. The era of hard market corrections is behind us — for now — but carriers continue to push for rate on top of exposure changes as they seek to stay ahead of social inflation trends.

It’s important to note that the above estimates do not tell the full story. Carriers continue to push attachment points higher, particularly over auto, as they seek to limit exposure to the layers where nuclear verdicts are most likely to penetrate. Building and designing large casualty towers17 is possible, but achieving optimal results may take buyers more time and require lengthier negotiations with individual carriers.

Capacity is abundant, but insurers are deploying capital in a more disciplined and targeted fashion. Global reinsurance capital reached record highs entering 2026, driven by strong investment returns and a benign hurricane season. The market is also seeing an increase in nontraditional capital from hedge funds and pension funds; the majority of this capital, however, is flowing into property and short-tail lines where the loss environment is more predictable.

New capacity is also entering the casualty market via sidecar structures and Bermuda-based insurers looking to diversify away from property volatility. Most carriers, however, remain wary of U.S. liability long-tail development. Buyers should not confuse the availability of capacity with a willingness by carriers to absorb adverse development at current rates.

Underwriters are increasingly focused on correlated loss accumulation18 across a single account. A large auto verdict, a GL bodily injury claim, and an umbrella exhaustion can all arise from the same event or the same underlying exposure, and carriers managing portfolio aggregation are pricing that correlation into how they deploy capacity. For buyers, this means that how a program is structured matters as much as what it costs.

Insurers are nevertheless competing aggressively for the right new business as exposure growth and retention rates on existing books have stabilized. Carriers are particularly eager to write “clean” GL risks to offset volatility in their auto and excess books. Exceptions remain, however: Transportation and logistics risks, along with healthcare professional liability and habitational real estate, continue to face far more difficult conditions, reflecting loss experience and litigation exposure.

Liability claims severity continues to outpace frequency, and the drivers are structural rather than cyclical. Medical inflation has ticked up since late 2025, increasing the cost of third-party bodily injury claims just as economic inflation was expected to ease. Social inflation remains an ongoing challenge, with nuclear and thermonuclear verdicts a particular concern in auto and product liability.

TPLF has matured, encouraging plaintiffs and their attorneys to pursue novel theories of liability, lengthening claims durations, enabling plaintiffs to reject early settlements, and leveling the playing field against insurers. Carriers writing liability risks must also account for loss development that may not fully emerge for a decade or more, under legal and social conditions that are difficult to model with any degree of confidence.

Areas where underwriters are applying greater scrutiny include:

01

Per- & polyfluoroalkyl substances (PFAS, also known as “forever” chemicals).

Insurers are scanning essentially every manufacturing and retail underwriting submission for PFAS exposures. The fear of a mass tort wave akin to asbestos-related litigation that began in the 1970s is driving carriers to demand granular details about prospective insureds’ supply chains before offering terms. Similarly, reinsurers are increasingly mandating PFAS exclusions at the treaty level, regardless of any direct exposure.

02

Biometrics & digital privacy.

This represents a growing source of class-action exposure as states enact or consider legislation governing biometric data, including fingerprints and faceprints used in facial recognition technologies. Underwriters are increasingly monitoring how companies collect, store, and govern this data.

03

How companies are approaching auto safety.

For fleet operators, risk management controls and auto safety technology alone are no longer sufficient. Underwriters want proof that insureds are actively using telematics and adapting behaviors based on captured data. They also want confirmation that standards are being enforced.

Capacity for sexual misconduct liability (SML) remains tight, driven by concerns about “reviver” laws that have extended statutes of limitations for legal claims across multiple states. Insurers are pushing for lower SML sublimits and higher deductibles.

GL carriers are also increasingly scrutinizing potential liability arising from generative AI, which could evolve into a coverage gap. A stand-alone AI liability market is developing in response, with carriers introducing affirmative coverage on a dedicated basis. That market remains in its infancy; buyers with meaningful AI exposure should not assume their existing GL programs will respond.

Recommendations

  • Differentiate through data. In a bifurcated market, buyers must prove they can be considered good risks. Instead of applications, buyers should submit narratives that show underwriters their telematics data, specific PFAS testing results, and internal controls for AI. If left to guess on these and other matters, underwriters will likely guess conservatively.
  • Consider alternative risk solutions. Fronting, structured solutions, captives, and more can enable organizations to trade dollar-swapping premium for collateralized risk retention.

**Note: Rate ranges presented here reflect expected renewal outcomes — as of the Lockton Market Update publication date — over the next quarter for most insurance buyers. These should not be taken as a guarantee of any specific results during renewal negotiations. Depending on risk profiles, loss histories, account specifics, and other factors, individual buyers may renew their programs outside these ranges.

***Charts in this report using Lockton P&C Edge Benchmarking data show median rate changes year over year. Median figures, however, are not available for Figure 14, which uses data from CIAB.

17Tower: A layered insurance program composed of a primary policy and multiple excess layers stacked vertically. Each layer provides coverage above the previous one, up to the total combined limit purchased by the insured. (See glossary.)

18Correlated loss accumulation: The concentration of losses across multiple lines or policies resulting from a single event or closely related events — for example, natural catastrophes or systemic liability trends. Correlation increases the risk of large aggregate losses. (See glossary.)

© 2026 Lockton Companies. All rights reserved.