What Does Social Inflation Mean For the Insurance Industry?

In today's insurance landscape, the term "social inflation" is becoming increasingly prevalent. It refers to the rising costs of insurance claims influenced by societal trends. These trends include heightened litigation, expansive interpretations of insurance policies, plaintiff-friendly legal decisions, and escalating jury awards. For businesses, grasping the mechanisms driving social inflation is crucial not only for managing insurance costs but also for proactively safeguarding against potential litigation.

The Surge in Litigation and Litigation Funding

A key factor contributing to social inflation is the increase in litigation, particularly facilitated by litigation funding. This form of financing allows third parties to cover the costs of a lawsuit in exchange for a portion of the settlement. Previously, high attorney fees deterred many potential plaintiffs, but with litigation funding, plaintiffs are empowered to pursue more extensive litigation and seek larger settlements, thereby inflating the overall cost of claims.

The Role of Tort Reform

Tort reform has been instrumental in attempting to curb excessive litigation by implementing laws aimed at reducing frivolous lawsuits and protecting businesses from abusive legal practices. However, recent shifts in some states have seen these reforms being rolled back or challenged, which could lead to fewer restrictions on punitive damages and other legal liabilities, further exacerbating social inflation.

Plaintiff-Friendly Legal Decisions and Increasing Jury Rewards

The deteriorating public perception of large corporations, influenced by factors like the mishandling of personal data and movements like Occupy Wall Street, has significantly affected jury attitudes. Businesses are often held to rigorous standards, and juries may deliver disproportionately large awards. This trend is amplified by the growing desensitization of juries to large settlements, often leading to what is known as nuclear verdicts—massive multimillion or even billion-dollar awards.

Strategies to Combat Social Inflation

While eliminating litigation threats is unfeasible, businesses can take strategic steps to mitigate these risks. Here are a few proactive measures:

1. Umbrella Policies: Investing in commercial umbrella insurance can provide critical financial protection beyond the limits of existing liability policies. This coverage is pivotal for filling gaps and addressing substantial claims across various areas, including libel, vehicle accidents, third-party property damage, product liability, and injuries.

2. Employment Practices Liability: Employment-related claims are increasingly common and can be devastating. Regularly updating employee handbooks and clearly communicating policies on issues like sexual harassment and workplace violence is essential. Additionally, purchasing standalone employment practices liability insurance offers another layer of protection.

3. Expert Insurance Guidance: The dynamic nature of the insurance market, especially with the ongoing challenges of social inflation, necessitates expert advice. Working with insurance professionals who have deep industry knowledge and strong carrier relationships can provide businesses with the insights needed to navigate these complex issues effectively. At Veritas, we would love to help you! Contact us today!

Social inflation introduces significant uncertainties in risk management and claims prevention. To ensure comprehensive preparedness for these evolving challenges, engaging with experienced advisors like Veritas Risk Management & Insurance Services can be invaluable. Their expertise can help tailor strategies that protect your business and manage costs in an environment where social inflation continues to influence the landscape of liability and insurance.