Built for Complexity: How Brokers and Carriers Can Tackle the Toughest Casualty Challenges

Risk complexity is on the rise, and Canadian commercial insurance brokers and risk managers must adapt to stay competitive. From third-party litigation funding and large jury awards  to escalating legal and healthcare costs, the forces driving social inflation are reshaping liability exposures. With increased casualty claims and mounting legal pressures, the stakes for clients – and the need for a strategic insurer   – have never been higher.
 

Nezar El Kaissi, Underwriting Manager, shares how CNA’s Risk Managed Casualty (RMC) team, and its Umbrella and Excess Casualty capabilities, are built for this moment.

Understanding the Canadian Risk Landscape

For the Canadian casualty marketplace, complexity is no longer the exception, it’s the norm. It’s highly competitive, with insurers balancing abundant capacity, evolving threats, and escalating defense and settlement costs.
 

According to the Insurance Bureau of Canada, legal expenses in liability insurance claims have grown substantially, with defense costs now representing a significant portion of overall claim expenditures in the casualty market. Additionally, Canadian insurers are observing a notable increase in the frequency and complexity of large liability claims, driven by factors such as social inflation, litigation funding, and evolving legal practices. These trends are contributing to higher settlement values and increased pressure on insurance capacity.

“Clients are facing more severity than ever,” says Nezar. “From social inflation to jurisdictional unpredictability, the risks are bigger, more interconnected, and harder to quantify.”

What Makes a Risk Complex?

Complex casualty risks are not defined by size alone. They often involve:

• Diverse and overlapping exposures
• Nuanced claims history
• Layered coverage structures
• Jurisdictional and cross-border operations

When it comes to cross-jurisdictional liability exposures, insights from the EY 2025 Canadian Insurance Outlook reveal that insurers are increasingly contending with volatility and uncertainty driven by geopolitical tensions, tariffs and evolving customer expectations. These pressures underscore the importance of integrated and sophisticated insurance solutions.
 

Layered coverage structures can further compound cross-border complexities. Nezar notes, “today’s clients often operate across borders with multiple primary casualty policies, including general liability, auto and employers’ liability, to name a few. The historical intricacies of claims and the need for seamless integration among policy layers require a partner who understands the nuances beneath the surface.”

Client and Broker Engagement Are the Foundation of Partnership

In a competitive market, brokers are under pressure to deliver complete, compelling information to insurers. CNA supports this process by engaging early to help shape program design and identify potential gaps.
 

“Particularly in the complex casualty space, we’re not just quoting coverage, we’re working closely with brokers and clients to build strategic solutions,” says Nezar. “We look beyond the numbers. When insurers get to know their clients beyond the submission, we can better understand their story. Clients can show us how they operate, where the exposures lie and what kind of partnership they’re looking for.”

Strong client engagement, through open dialogue, insurer meetings, and shared insights, empowers underwriters to deliver precise, innovative solutions that truly address clients’ needs. This collaboration not only streamlines the underwriting process but also enhances client service, positioning brokers as trusted advisors who can advocate effectively and anticipate and adapt to clients’ evolving risk profiles.
 

Confidence in Complexity

For brokers and clients, having access to a dedicated RMC team, along with versatile Umbrella and Excess products, is crucial for navigating the evolving landscape of liability exposures.

By collaborating early and leveraging specialized expertise, carriers and brokers can craft tailored solutions that address emerging risks, close coverage gaps, and foster more resilient, sustainable insurance programs when facing even the most challenging placements.

“What truly differentiates CNA is its collaborative mindset,” says Nezar. “From underwriting to claims, CNA works alongside brokers and risk managers to build custom casualty solutions that reflect the realities of each client’s operations.”