Comment on UK Government’s Decision to Change Discount Rate for Personal Injury Damages
According to analysis by
"Looking beyond today's decision, we would strongly recommend that the Ogden rate, which until now had been left unchanged for 16 years, should be either regularly reviewed and revised or pegged to an independent economic indicator so that we do not find ourselves in a similarly difficult position in the future," said
In addition, Grange Turner, a Director at Willis Re, commented:
"The decision will come as a surprise to many because it is outside of the range of most modelled scenarios, and there are obviously implications for the purchasing of reinsurance. For a start, we are likely to see an increase in interest for retrospective solutions that protect insurers' balance sheets in cases where these have been weakened by the need to increase reserves.
"In terms of excess of loss, the position is not yet clear. Obviously the cost of lump sum awards is likely to increase, but we expect reinsurers to balance this with the fact that original premiums will also increase to compensate, and the number of claims settling as PPOs is likely to fall."
About the Ogden Discount Rate
When calculating the size of compensation awards, the courts have to make an assumption about how much interest the money will earn when it is invested. This assumption is known as the discount rate - the higher the rate, the lower the initial lump sum required. The discount rate has been set at 2.5% since 2001, but interest rates have fallen sharply since then.
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