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North American Casualty Reinsurance Business Panel – 26 March 2026

The North American Casualty Reinsurance Panel focused on casualty market developments, workers’ compensation trends, cyber issues and contractual risks. A significant discussion centred on development of a standard clash clause for excess-of-loss covers. Members acknowledged the complexity of defining clash events consistently, particularly where multiple policies, reinstatements and excess layers interact. Updates from the National Council on Compensation Insurance highlighted medical inflation pressures, mental health claims, changing presumption laws for first responders, workforce demographic shifts and concerns about excess loss severity. Cyber R/I updates reported activity around war clause compliance, AI-related exposures and Lloyd’s cyber catastrophe scenario refresh. A major legal concern involved the increasing use of ex gratia “deemed acceptance” clauses, which could automatically bind reinsurers after short response deadlines. The panel viewed these clauses as a systemic risk and supported development of market guidance. Discussions also highlighted escalating US medical malpractice and abuse claim severity, growing uncertainty surrounding nuclear verdicts, and the value of the Burnett Index database for analysing abuse-related exposures and reserving challenges.