Unrated PII Insurers: The Law Society’s Contradictory Stance

The debate surrounding unrated Professional Indemnity Insurance (PII) providers for law firms continues to spark intense discussion across the legal sector. However, a look back at official statements reveals a striking shift in rhetoric from the Law Society leadership within a single nine-month window.

The Law Society’s Position: August 2013 Compared with April 2014

Date Summary of Des Hudson’s statement Emphasis
August 2013 Highlighted the harm caused when unrated insurers entered the market and subsequently withdrew or became insolvent. Concern about insurer withdrawal and failure.
April 2014 Explained that the absence of a rating did not, by itself, establish that an insurer was risky, noting that some established insurers chose not to obtain one. Caution against treating all unrated insurers alike.

Context: Commercial Interests vs. Market Realities

To understand this U-turn, one must examine the commercial and regulatory background of the period:

  1. The Rated Scheme Launch: In August 2013, the Law Society’s critical commentary on unrated providers directly coincided with the official launch of the Law Society’s own “A-rated” PII scheme.

  2. Lender Panel Mandates: Mainstream mortgage lenders increasingly tightened their panel eligibility criteria, requiring conveyancing firms to hold A-rated PII cover to remain on active panels.

  3. The Risk of Firm Closures: A strict exclusion of unrated insurers threatened up to 20% of conveyancing practices with panel removal, potentially driving firms into the Run-Off Cover Pool (ROCP) or out of business entirely.

Regulatory Implications for Conveyancers

As the Solicitors Regulation Authority considers whether to restrict or ban unrated insurers, conveyancing firms face a delicate balancing act. While unrated cover often provides lower upfront premiums, relying on unrated providers carries severe commercial drawbacks:

  • Lender Panel Removal: Many major lenders automatically drop firms using unrated PII, regardless of CQS accreditation status.

  • Insolvency Exposure: An unrated insurer collapse leaves the firm personally liable for run-off costs and outstanding claims reserves.

Conveyancing firms evaluating renewal options must weigh the short-term premium savings of unrated cover against the long-term threat to their lender panel status and financial stability.

 

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *