ATTACHMENT C - Kentucky Claims Report Explanation 2025 - RFB 758 2600000247.pdf

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Attached to
KREC Errors & Omissions Insurance Policy
Solicitation number
RFB-758-2600000247-2
Issued by
Elliott County, Kentucky

About this file

This is a Kentucky Claims Report Explanation document prepared by RISCO for the Kentucky Real Estate Commission regarding Group Policy Claims Reports for the Second Quarter 2025. The report provides comprehensive claims data for each Kentucky group Errors & Omissions insurance program policy since 2015, detailing the number of claims reported annually, currently open and closed claims, and total incurred amounts. The Summary report breaks down closed claims count with associated loss payments and legal payments, as well as open claims count with loss incurred amounts and legal incurred amounts, presenting both total claims count and total incurred amounts for each group policy number.

The report emphasizes that real estate E&O claims typically require multiple years to close, with some claims from the 2016 policy period still remaining open, making accurate cost determination contingent upon claim closure and full expense payment. A notable characteristic of the program is that legal fees consistently exceed loss payments, which is typical for this line of business, and the group policy includes unlimited defense cost coverage with amounts paid in addition to stated policy limits. The report notes that loss data becomes more reliable as claims mature and that the figures do not include IBNR (Incurred But Not Reported), Loss Development factors, or Administrative Costs, all of which are factored into premium calculations by actuaries reviewing loss history for future years.

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P.O. Box 6709 Louisville KY 40206 www.risceo.com Phone 502.897.1876

435 N. Whittington Parkway, Louisville, KY 40222 A Division of Accretive Specialty Insurance Solutions, LLC Fax 502.897.7174

Kentucky Claim Report Explanation - 2025

The Kentucky Real Estate Commission has been provided a copy of the Group Policy Claims Reports for the Second Quarter 2025. These reports include data for each Kentucky group program policy since 2015.

The Summary report shows the number of claims reported each year and the number currently open and closed. It also shows the total incurred amount per year on this report. This report shows each group policy number and lists the Closed Claims Count, Total Paid for Closed Claims (which breaks out Loss payments and Legal payments), Open Claims Count, Total Incurred for Open Claims (which breaks out Loss incurred amounts and Legal incurred amounts), Total Claims Count and Total Incurred Amounts.

Since real estate E&O claims typically take years to close (for example we still have open claims from the 2016 policy period), the true cost of a claim cannot be determined until the claim has been closed and all related expenses have been paid. As a general rule, the claims that take longer to close tend to be the claims that cost more (since legal fees continue to incur until the claim is closed).

On this report, keep in mind it is unclear if amounts paid out for the more recent years will be more or less than prior years. An actuary will review the loss history and apply factors for continued development in order to calculate the premium needed for future years. As the claims mature, the loss data is more reliable, so we will know more about the current periods as time goes on.

You will note that we typically spend more on Legal Fees than we do on Loss Payments. This is typical in our experience for this line of business. One of the most valuable features of a real estate E&O policy is the defense cost coverage. There is no limit on the amount of defense costs under the group policy.

The amounts are paid in addition to the limits stated on the group policy.

Please note the Loss Reports do not include any IBNR (Incurred But Not Reported) or Loss Development (a factor used by the actuaries to determine the ultimate loss incurred) or any Administrative Costs (costs of the insurer to provide the program, including their staffing costs and expense allocations, administration, marketing and claims adjustment costs). All of these factors are considered in the premium calculation for a program.

File details come from the government source that posted it. Updated .