FIO Focus, Issue No. 50

by Nelson Brown & Co.

The President’s Working Group (PWG) on Financial Markets released its report, "The Long-Term Availability and Affordability of Insurance for Terrorism Risk" (Report), on April 17, 2014. The Report was required under the Terrorism Risk Insurance Act of 2002, as amended (TRIA). TRIA also established the Terrorism Risk Insurance Program (TRIP), which has been reauthorized twice and is currently scheduled to expire December 31, 2014. Under the Dodd-Frank Act, the Director of the Federal Insurance Office is tasked with assisting the Treasury Secretary in administering the TRIP. FIO Focus Issue 6 provides an overview of the TRIP.

The Report draws upon the comments received in response to a notice and request for comment issued by the U.S. Department of the Treasury. Many of the comments addressed whether, and to what extent, uncertainty concerning TRIA’s scheduled expiration affects the affordability and availability of insurance for terrorism risk. In preparing the Report, the PWG engaged various stakeholders, including insurers, reinsurers, state regulators, consumer advocates, policyholders, trade associations and the National Association of Insurance Commissioners.

The PWG’s findings as stated in the Report include:

  • Insurance for terrorism risk is currently available and affordable. The availability and affordability of such insurance has not changed appreciably since 2010.
  • Prices for terrorism risk insurance vary depending on certain factors such as the location of the risk exposure and the policyholder’s industry.
  • There has been a decline in prices for terrorism risk insurance since TRIA was enacted.
  • Take-up rates have improved since TRIA was enacted and are roughly stable at 60%. The take-up rate during the first full year TRIA was in effect was 27%.
  • Information provided to the PWG suggests that the market for terrorism risk insurance is tightening in light of uncertainty as to whether TRIA will be renewed.
  • The private market does not have the capacity to provide reinsurance for terrorism risk to the extent it is provided by TRIA.
  • Terrorism risk insurance would likely be more costly, limited in scope and less available in the absence of TRIA.

Earlier this month, Senator Charles Schumer (D-NY) announced that he has bipartisan agreement for legislation to reauthorize TRIA. Under his proposal, the TRIP would be extended for an additional seven years and the federal government’s potential liability would be reduced. Specifically, the deductible for insurers would increase from 15% to 20% of direct earned premiums. The increase would be 1% per year over five years. Under the current program, losses beyond the deductible would be covered by the federal government up to 85% of $100 billion of losses. Under the proposed legislation, that percentage would be reduced to 80% over a five-year period. The new threshold for mandatory recoupment of government payments would be aggregate uncompensated losses (deductibles and copays) of less than $37.5 billion. The current threshold is $27.5 billion and the increase would be phased in over five years.

FIO Focus Issue 34 addresses TRIA renewal legislation previously introduced in the U.S. House of Representatives.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nelson Brown & Co. | Attorney Advertising

Written by:

Nelson Brown & Co.

Nelson Brown & Co. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.