All posts by Jeff Dunsavage

How Liberty Mutual Foundation BringsRisk ManagementInto Communities

By Max Dorfman, Research Writer, Triple-I

Nature-based solutions, green jobs, and resilient infrastructure are at the core of Liberty Mutual Foundation’s approach to helping marginalized communities that are most vulnerable to climate-related perils.

“We believe investing philanthropically in communities to help them mitigate and adapt to the impact of climate change is a natural extension that we do as a property-casualty insurer and an area where we can offer a lot of expertise,” Foundation President Melissa MacDonnell told Triple-I CEO Sean Kevelighan in a recent Triple-I Executive Exchange.

MacDonnell described the foundation’s three-pronged approach to community giving, which consists of:

  • Nature-based solutions, such as increasing access to locally grown food and green space to protect communities from sea-level rise or flooding;
  • Green jobs that provide training and skill development in the green economy for low-income and underrepresented youth and young adults; and
  • Resilient infrastructure for low-income neighborhoods and communities of color.

The foundation also supports existing partners in advancing their climate resiliency goals.

“Any organization in our philanthropic portfolio is eligible for these grants, so they can step back and consider how climate is impacting them,” MacDonnell said. “This includes homelessness shelters and job programs. This is our way of acknowledging that climate affects all of us.”

Kevelighan noted that this holistic approach is particularly important for residents of vulnerable communities.

“We’ve been talking at Triple-I about the role everyone plays in climate,” he said. “It’s encouraging that you’re bringing risk management into communities – particularly those that can’t provide themselves enough resources.”

Kevelighan and MacDonnell discussed how other insurers can become more involved in helping vulnerable communities.

“Insurers should carve out the time to listen to the communities” MacDonnell said. “Partnering with communities and public officials is also important. We are at an incredible moment in time where federal funding is available for climate projects” as a result of measures like the Community Disaster Resilience Zones Act of 2022, which aims to build disaster resilience by identifying disadvantaged communities that are most at risk to natural disasters and providing funding for projects that mitigate those risks.

Keep It Simple:Security System Complexity Correlates With Breach Costs

By Max Dorfman, Research Writer, Triple-I

Artificial intelligence is helping to limit the costs associated with data breaches, a recent study by IBM and the Ponemon Institute found. While these costs continue to rise, they are increasing more slowly for some organizations – in particular, those using less-complex, more-automated security systems.

According to the study, the average cost of a data breach was $4.45 million in 2023, a 2.3 percent increase from the 2022 cost of $4.35 million. The 2023 figure represents a 15.3 percent increase from 2020, when the average breach was $3.86 million.

However, not all organizations surveyed by the study experienced the same kinds of breaches – or the same costs. Organizations with “low or no security system complexity” – systems in which it is easier to identify and manage threats – experienced far smaller losses than those with high system complexity. The average 2023 breach cost $3.84 million for the former and a staggering $5.28 million for the latter. For organizations with high system complexity, this is an increase of more than 31 percent from the year before, amounting to an average of $1.44 million.

As David W. Viel, founder and CEO of Cognoscenti Systems, put it: “The size and complexity of a system directly results in a greater number of defects and resulting vulnerabilities as these quantities grow. On the other hand, the number of defects and cybersecurity vulnerabilities shrinks as the system or component is made smaller and simpler. This strongly suggests that designs and implementations that are small and simple should be very much favored over large and complex if effective cybersecurity is to be obtained.”

The research also noted that organizations that involve law enforcement in ransomware attacks experienced lower costs. The 37 percent of survey respondents that did not contact law enforcement paid 9.6 percent more than those that did, with the breach lasting an average of 33 days longer than those that did contact law enforcement. These longer breaches tended to cost organizations far more, with breaches with identification and containment times under 200 days averaging $3.93 million, and those over 200 days costing $4.95 million.

AI and automation are proving key

Security AI and automation both showed to be significant factors in lowering costs and reducing time to identify and contain breaches, with organizations utilizing these tools reporting 108-day shorter times to contain the breach, and $1.76 million lower data breach costs relative to organizations that did not use these tools. Organizations with no use of security AI and automation experienced an average of $5.36 million in data breach costs, 18.6 percent more than the average 2023 cost of a data breach.

Now, most respondents are using some level of these tools, with a full 61 percent using AI and automation. However, only 28 percent of respondents extensively used these tools in their cybersecurity processes, and 33 percent had limited use. The study noted that this means almost 40 percent of respondents rely only on manual inputs in their security operations.

Cyber insurance demand is growing

A recent study by global insurance brokerage Gallagher showed that the vast majority of business owners in U.S. – 74 percent – expressed extreme or very high concern about the impact of cyberattacks on their businesses. Indeed, a study by MarketsandMarkets found that the cyber insurance market is projected to grow from $10.3 billion in 2023 to $17.6 billion by 2028, noting that the rise in threats like data breaches, ransomware, and phishing attacks is driving demand.

Organizations are now responding more thoroughly to these threats, with increased underwriting rigor helping clients progress in cyber maturity, according to Aon’s 2023 Cyber Resilience Report. Aon states that several cybersecurity factors, including data security, application security, remote work, access control, and endpoint and systems security – all of which experienced the greatest improvement among Aon’s clients – must be continually monitored and evaluated, particularly for evolving threats.

Insurers and their customers need to work together to more fully address the risks and damages associated with cyberattacks as these threats continue to grow and businesses rely ever more heavily on technology.

National Workers’ Comp Adjuster Day: Unsung Heroes Who Improve People’s Lives

By Loretta Worters, Vice President, Media Relations, Triple-I

When Victoria Aumiller, AIC, WCP, claims specialist, Chesapeake Employers Insurance came to the organization 14 years ago, she didn’t realize how meaningful her job would be.  Like many of her peers, Aumiller appreciates being able to make a direct impact to assist workers and their families.

Victoria Aumiller, Chesapeake Employers Insurance       

“Being injured is painful for the worker and scary for the family,” she said, adding, “it’s very fulfilling to make the experience less frightening and to help the worker navigate the medical and claims process.”

National Workers’ Comp Adjuster Day, observed on August 17, commemorates the work of Aumiller and those who have made a significant impact on the quality of life of people with disabilities and their families.

“Their job is incredibly valuable,” said Sheila Fortson, WCP®, director – Corporate & ESG communications, National Council on Compensation Insurance (NCCI).  “It’s a day of celebration, not only for workers comp. adjusters, but also for those who appreciate and respect their profession.”                                                     

Tess Madison, claims specialist with The MEMIC Group, said it’s the variety of people that she gets to work with and interact with daily that she enjoys best about being a workers compensation adjuster. 

Tess Madison, The MEMIC Group

“We get to experience all spectrums of society and forge working relationships with injured workers, but also attorneys, medical providers, employers, and nurses. Working together for one common goal is a great aspect of the job.”

Workers compensation claims adjusters are licensed by the states in which they work. Their duties include analyzing often complex employee claims for compensation, reviewing documentation, and authorizing payments.  When workers are injured  at work or ill due to working conditions, they can apply for compensation for medical bills and lost time or the pay for missed work.  Adjusters provide a detailed analysis of each open claim, including information related to the medical, disability, legal and financial aspects, as well as an action plan for claim resolution. When a serious injury occurs, claims adjusters are dedicated to helping injured workers get the medical care needed for a successful recovery while managing costs – a stressful and challenging role.

“When you make contact with the injured worker, it’s helpful to listen to how they describe the event and their injuries,” said Aumiller.  “You can assess if there’s a layer of fear or trauma associated with their experience and how they are mentally handling the event,” she explained.  “I determine what their current medical needs are from their symptoms and then coordinate the right medical providers to address their needs. I explain the process fully, answer any of their questions and explain what they can expect.  The clarity of the process and answering those questions early on takes some of the fear out of the situation for them.”

After a work-related injury, an injured worker can feel a high level of stress, wondering how they are going to get the proper medical treatment and how they are going to support themselves and their families, noted Madison.

“Prompt response time and direction for medical care, along with communication throughout the process, can make a huge impact. Likewise, ongoing communication and updates with an employer make a difference, especially if they have limited staff and rely on a healthy workforce to keep their business running.”

Madison said being a workers comp adjuster is not only meaningful, but rewarding.

“A work-related injury is often an unexpected and difficult situation. Not a lot of people are well-versed in how the compensation system works and don’t know what to expect through the process,” she said. “Some people are living paycheck to paycheck. It is a great feeling to know that you are doing everything you can to facilitate recovery and return them to work, reassuring the injured worker throughout the process that we are here for them.”

Brooke Ray, a claims examiner with Encova Insurance, agreed.

Brooke Ray, Encova Insurance

“I communicate daily with claimants that are experiencing some of the most challenging days of their lives,” she said. “I’m fortunate I can play an active role in their recovery by facilitating timely medical treatment, offering support, and answering any questions that arise during their recovery. It’s very rewarding when a claimant acknowledges how much you care.”

“National Workers Comp Adjuster Day was created to mark the day for these unsung heroes who make important decisions that ultimately improve the quality of life of injured workers,” said Forston. “We observe this occasion to ensure they receive recognition for their commitment to the well-being of affected workers and their families. They are an amazing group of people.”

Learn More:

Economic Trends Bode Well for Workers Comp, But Emerging Issues Warrant Attention

Workers Comp: A Strong Line Rebounds From Pandemic Pressure

Workers Comp: Resilient and Relevant

Group Captive Unites Risk Managementand Sustainability

By Mary Sams, Senior Research Analyst, Triple-I

Impact Re Ltd. – a member-owned captive fronted by Zurich North America – brings together companies from a variety of industries that share an interest in both risk management and sustainable business practices.

The captive is a partnership between Zurich North America and Innovative Captive Strategies (ICS). In addition to being one of the largest providers of commercial insurance products and services in the United States and Canada, Zurich North America is part of global insurer Zurich Insurance — a company widely recognized for its commitment to sustainability. 

Group captives enable companies with similar risk profiles to reduce their insurance costs by pooling risk and simplifying risk management. Typical structures include committees managing risk control, finance, and underwriting.  Impact Re adds a sustainability committee and will offer members greater control and management of auto, general liability, and workers compensation programs, as well as providing access to management services focused on sustainability from Zurich Resilience Solutions (ZRS).

ZRS will conduct a sustainability assessment of the member company’s carbon footprint and energy consumption. The assessment is not designed to exclude non-conforming companies from membership but to provide baseline data against which members can measure their progress toward their own sustainability goals. The objective is to quantify the business benefits of sustainability and communicate those benefits to stakeholders.

Impact Re is among the winners announced in the Business Insurance 2023 Innovation Awards.

Learn More:

Group Captives Offer Cost-Sensitive Companies Opportunities to Save in Face of Inflation

Pandemic Fuels Growth in Captive Insurance

Triple-I Paper Takes a Detailed Look at Member-Owned Group Captives

P/C Underwriting Losses Forecast to at Least 2025

By Max Dorfman, Research Writer, Triple-I

Poor personal lines performance will keep the U.S. property/casualty insurance industry’s underwriting profitability constrained for at least the next two years, Triple-I’s chief insurance officer told attendees at a members only webinar today.

“We forecast net combined ratios to incrementally improve each year from 2023 to 2025,” said Dale Porfilio, FCAS, MAAA, “with the industry returning to a small underwriting profit in 2025.”

The industry’s combined ratio – a standard measure of underwriting profitability, in which a result below 100 represents a profit and one above 100 represents a loss – is expected to end 2023 at 102.2, almost matching the 2022 result of 102.4.

“Catastrophe losses in the first half of 2023 were the highest in over two decades, slightly higher than the record set in first half of 2021,” Porfilio said. Triple-I predicted net written premium growth for 2023 at 7.9 percent.

Michel Léonard, PhD, CBE, Triple-I’s chief economist and data scientist, discussed key macroeconomic trends impacting the P&C industry results including inflation, rising interest rates, and overall P&C underlying growth.

“U.S. CPI will likely stay in the mid-to-upper 3 percent range through the end of the year,” Léonard said, noting that underlying growth for private passenger auto has resumed its pre-pandemic trend. “Increases in replacement costs continue to decelerate and have now returned to pre-COVID trends as supply-chain backlogs and labor disruptions ended.”

Léonard added that U.S. GDP “will likely decrease on a quarterly basis in the second half of the year compared to the first half, but still avoiding a technical recession in 2023.” 

For homeowners, Porfilio noted that the 2023 net combined ratio forecast of 104.8 is nearly identical to 2022 actual. He said homeowners incurred the majority of the first half of 2023 elevated catastrophes.

“A cumulative replacement cost increase of 55 percent from 2019-2022 contributes to our forecast of underwriting losses through 2025,” Porfilio added. “Premium growth in 2023-2025 is forecast to be elevated primarily due to rate increases.”

On the commercial side, Jason B. Kurtz, FCAS, MAAA, a principal and consulting actuary at Milliman, said commercial lines experienced underwriting gains in 2022.

“Commercial auto, however, was one commercial line that did not perform well in 2022,” he said. “For commercial auto, 2022 saw a return to underwriting losses, as the industry logged a 105.4 net combined ratio, the highest since 2019.”

“Workers compensation is the brightest spot among all major P&C product lines, with strong underwriting profitability forecast to continue through 2025,” Kurtz added. “Premium growth is expected to be modest, however, with approximately 3 percent growth each year.”

Donna Glenn, FCAS, MAAA, chief actuary at the National Council on Compensation Insurance, highlighted key factors that influenced the 2022 workers compensation results.

“Overall frequency continues its long-term negative trend as workplaces continue to get safer,” Glenn said. “Medical severity has remained moderate despite rising inflation, and wages and employment are above pre-pandemic levels. While severity was notably higher in 2022, it’s been moderate over the last few years. Together, these system dynamics result in a healthy and strong workers compensation system.” 

Economic Trends Bode Well for Workers Comp, But Emerging Issues Warrant Attention

Workers compensation insurance provides for the cost of medical care, rehabilitation, and wage replacement for injured workers and death benefits for the dependents of persons killed in work-related accidents. In recent years, it has been the most profitable property/casualty line of business, having experienced its sixth consecutive year of combined ratios under 90 and its ninth straight year of underwriting gains.

Combined ratio represents the difference between claims and expenses paid and premiums collected by insurers. A combined ratio below 100 represents an underwriting profit, and one above 100 represents a loss. 

While the broader industry has suffered due to replacement cost trends, the most recent Triple-I Issues Brief shows how workers compensation has benefited from a generally strong economy and, in particular, strong growth in payrolls. Private employment surpassed its pre-pandemic level early in 2022, according to the U.S. Department of Labor’s Bureau of Labor Statistics, and employment growth remains faster than pre-pandemic norms. The past two years have seen payroll growth at rates of approximately 10 percent.

“Even if the current tight labor market begins to relax,” the brief says, “the forces driving payroll growth – particularly an aging work force and reduced immigration – will likely keep upward pressure on payrolls.”

While current trends bode well for workers comp, the industry needs to recognize and be responsive to emerging issues that may affect the line going forward. The impact of the pandemic – suddenly prompting more generalized acceptance of remote work and introducing a new issue in the form of “long COVID” – is one example, but it is hardly the only one.

“In 2016, there were 14 mental-injury bills considered in state legislatures,” said Bill Donnell, president and CEO of the National Council on Compensation Insurance. “In 2023, year to date, there have been more than 75.”

These measures – aimed at addressing issues as diverse as post-traumatic care for firefighters and impacts of workplace violence on employees – illustrate how stakeholder expectations continuously shift.

Despite Fewer Claims, Personal Auto Insurance Payouts Increase

By Max Dorfman, Research Writer, Triple-I

The average claim payment per insured personal vehicle rose between 2002 and 2022, with higher payments by insurers more than offsetting declines in frequency, according to new research by the Insurance Research Council (IRC) – like Triple-I, an affiliate of The Institutes.

“During the first half of the study period, the combination of declining frequency and increasing severity left average insurer loss costs relatively unchanged,” said IRC president and Triple-I chief insurance officer Dale Porfilio. “However, as claim frequency leveled off and claim severity accelerated, the average payment per insured vehicle for most coverages began to climb steadily until the 2020 drop due to COVID-19. By 2022, however, average loss costs for nearly every coverage had surpassed the 2019 level.”

Frequency for both property damage liability and bodily injury liability claims fell more than 2 percent annualized over the period from 2002 to 2022, while the average payout per insured vehicle increased over 2 percent for both types of claims over the same period.

Claim frequency – which decreased sharply during the coronavirus pandemic – remained below pre-pandemic levels in 2022, while claim severity skyrocketed, with the average loss cost also increasing. Accelerating growth in claim loss costs is a key driver of rising insurance costs for consumers.

Costs also varied widely from state to state. The combined injury average loss cost in the highest state, Florida, was over five times the loss cost in the lowest state, North Dakota. Traffic conditions, medical prices, policy limits and other insurance regulations, litigiousness, fraud, and the design of the injury tort or no-fault environment all influence these costs.

Pandemic upended insured vehicle costs

During the height of COVID-19, insurers returned $14 billion of premiums to consumers through discounts, rebates, and dividends due to fewer drivers on the road. However, risky driving behaviors like speeding and distracted driving appeared to compound while the roads were quieter. Consequently, traffic fatalities increased in 2020, despite the large drop in miles driven, with the average auto claim severity rising.

In 2021 and 2022, vehicle traffic resumed and claim severity worsened as risky driving behaviors continued. As a result, traffic fatalities rose in 2021, hitting the highest levels in 15 years. This also marked the highest percentage increase since the current reporting system began in 1975.

Although some of these pressures may stabilize, the IRC report notes that the claim environment is likely to remain challenging as people continue to exhibit risky driving behavior. Additionally, longer-term pressures on injury claim severity from cost drivers, such as heavy medical utilization, cost-shifting, and claim abuse, continue to increase insured vehicle costs.

Triple-I CEO on Podcast: We’re All Risk Managers

By Max Dorfman, Research Writer, Triple-I

Economic turbulence, political unrest, climate catastrophes, and the aftermath of a global pandemic are just a few of the forces demanding that everyone – homeowners, consumers, businesses, and policymakers, as well as risk-management professionals – take responsibility for understanding and reducing the perils facing all of us, Triple-I CEO Sean Kevelighan said in a recent episode of the Predict & Prevent podcast.

Triple-I CEO Sean Kevelighan

“We’re simply living more and more in harm’s way,” Kevelighan told Peter Miller, president and CEO of The Institutes and host of the podcast, which explores how innovators are combating some of the biggest risk challenges facing society by working to eliminate losses before they occur. “We’re a riskier society in terms of our behavior, and this is placing pressure on the traditional risk-transfer tool that is insurance.”

“Even before we got into COVID, severity in catastrophes, both natural and manmade, had been increasing,” Kevelighan said. The two CEOs discussed this growth in severity and what it means for insurers and the policyholders they protect.

“There’s little doubt that predict and prevent is urgently needed,” Miller said. “But the big question remains how? How can we put these principles and practices into action?”

Among other things, Kevelighan talked about the role of telematics and the Internet of Things in helping policyholders anticipate losses and mitigate them in advance by making investments or changing their behaviors. Automobile telematics, for example, shouldn’t simply be about getting discounted insurance premiums.

“It should be about helping people become safer drivers,” Kevelighan said.

Predicting and preventing costly losses has to involve collective responsibility by all parties. It’s no longer enough to simply buy an insurance policy and rest comfortably in the knowledge that, if something bad happens, you’ll get a payout.  A change in mindset is required.

As Kevelighan put it, “Nobody wins from a loss.”

The Predict & Prevent podcast can be found on Apple Podcasts, Spotify, Google Podcasts, and Stitcher. Other recent episodes include:

 How FEMA Does Resiliency; Computer Vision Enhances Safety

Predicting Wildfires, Worker Injury with Better Risk Data

 Preventing Catastrophic Water Damage

Policymaker Perspectives

Hidden Dangers Uncovered

Embedded Insurance Has Been Slow to Bear Fruit for Most Lines of Business

By Mary Sams, Senior Research Analyst, Triple-I

“Embedded insurance” – often described as “B2B2C insurance” – has long been touted as a path toward innovation and growth in the traditional insurance market. However, it has been slow to mature.

The term refers to the integration of insurance products and services into retail transactions. The objective is to offer insurance solutions at the point of sale or as part of a package of products or services. This requires that the products and processes be simplified so that the consumer can make an informed purchase. Complex commercial insurance products are not likely to succeed using the embedded insurance model.

Six years ago, according to a report published by global investment management firm Conning, embedded insurance was frequently cited as a use case for distributed ledger technology or blockchain. Blockchain is a complex, ledger-centric technology that has a multitude of benefits, such as enhanced data security, immutability, and optimized data sharing.

More often than not, these benefits are overshadowed by cryptocurrency’s somewhat lackluster reputation. This complexity – and the more recent travails of crypto — may have contributed to the slow adoption of this technology for embedded insurance.

 “We’re overwhelmed by the insurance industry’s curiosity in network-based technologies, such as blockchain,” says Brendan Picha, head of outreach for the RiskStream Collaborative. “We have several initiatives, some global in scope, that are reaching a welcomed point of maturity within the enterprise. This is happening at an interesting intersection with developments of other emerging technologies. The industry is now looking carefully at how these technologies could work together and RiskStream is well positioned to support and usher in this exploration.”

RiskStream – like Triple-I, an affiliate of The Institutes – is a member-led non-profit that aims to create an ecosystem using blockchain to streamline data flow and verification, reduce operating and vendor costs, drive efficiency, and enhance customer experience.

Many applications for embedded insurance have used open APIs and microprocesses to scale applications with retail partners. These technologies have helped support the growth of embedded insurance in travel insurance, personal auto, homeowners, and extended warranty products.

However, for most traditional insurance products, embedded insurance poses a challenge. These products are “sold, not bought,” and moving the purchase to a simplified platform and linking it to the retailer offers customers choices they may not be prone to make without a sales pitch.

Private equity investment companies have been attracted to companies seeking to expand into embedded insurance, attracting $3.5 billion since 2015, according to Conning. Gartner, a large research and consulting firm, has positioned embedded insurance at the heart of what it predicts will become the dominant insurance business model.

Growth in online sales since 2020 has increased the opportunities presented by embedded insurance as consumers have become more engaged in all types of online transactions. Financial services companies have grown and expanded tremendously during this time. Consumers have engaged in buying and selling automobiles online and have expanded the OEM relationship.

However, online sales of insurance have not seen similar growth. In 2017, Tesla launched a full-stack insurance business direct to consumers. While this technically is not embedded insurance, it illustrates the benefits of sharing telematics data from vehicles in underwriting the insurance program.

Expectations for embedded insurance are varied. Personal lines insurance with $400 billion in premium and small business with $100 billion in premium continue to be the greatest targets, according to Conning. Simplifying the insurance application, growing premium, lowering expense ratios, and narrowing protection gaps are all opportunities. The realization of these benefits and successes will depend on their being embraced by the carrier-retail partners.

Louisiana Litigation Funding Reform Vetoed; AOB Ban, Insurer Incentive Boost Make It Into Law

By Max Dorfman, Research Writer, Triple-I

Louisiana lawmakers passed several bills to reinforce the state’s weakened property insurance market during the recently completed 2023 legislative session. These included one that would have required parties to a lawsuit to disclose third-party litigation funding agreements within 60 days of a filing. However, that legislation was vetoed by Gov. John Bel Edwards, and lawmakers do not plan to override it.

Also included was a broad ban on assignment of benefits (AOB), the practice by which policyholders sign over to a third party – a contractor, attorney, or public adjuster – their right to bill an insurance company directly for repairs or other services. While this is a common practice across the country, in some states – notably, Florida and Louisiana – it has been a source of extensive claim fraud.  

The Louisiana property insurance market has been significantly weakened since the state was hit by record hurricane activity during the 2020/2021 seasons. Indeed, 11 insurers that write homeowners coverage in Louisiana were declared insolvent between July 2021 and February 2023. Additionally, 12 insurers withdrew from the state and 50 companies stopped writing new business in hurricane-prone parishes, creating a capacity crisis.

A persistent problem

Legal system abuse has been a persistent issue in Louisiana for some time. The state’s “onerous bad faith laws contribute significantly to inflated claims payments and awards,” according to a joint paper published by the American Property Casualty Insurance Association (APCIA), the Reinsurance Association of America (RAA), and the Association of Bermuda Insurers and Reinsurers (ABIR).

These problems were highlighted in February 2023, when Insurance Commissioner Jim Donelon issued a cease-and-desist order against a Houston-based law firm, accusing it of fraud involving potentially hundreds of hurricane-related claims in his state. According to Donelon, the firm filed more than 1,500 Hurricane Laura claim lawsuits in Louisiana over the span of three months in 2022, prior to the deadline to file suits over the Category 4 major hurricane that struck the state in 2020.

“The size and scope of McClenny, Moseley & Associates’ (MM&A) illegal insurance scheme is like nothing I’ve seen before,” Donelon said in a press release. “It’s rare for the department to issue regulatory actions against entities we don’t regulate, but in this case, the order is necessary to protect policyholders from the firm’s fraudulent insurance activity.”

According to reporting by the Times Picayune/New Orleans Advocate, an investigation by the Louisiana Department of Insurance found the Houston-based law firm engaged in insurance fraud and unfair trade practices through Alabama-based Apex Roofing and Restoration and has faced accusations of criminal behavior and mounting sanctions.  MM&A has since shut down its operations in Louisiana.

Litigation funding reform vetoed

Third-party litigation funding occurs when investors finance lawsuits against large companies in return for a share in the settlement. Funding of lawsuits by international hedge funds and other financial third parties – with no stake in the outcome other than a share of the settlement – has become a $17 billion global industry, according to Swiss Re. Law firm Brown Rudnick sees the industry as even larger, at $39 billion global industry in 2019, according to Bloomberg.

Some states have considered mandating greater transparency around the practice, and Montana in May  approved legislation requiring certain disclosures in litigation financing. Louisiana’s Senate Bill 196 would have required parties to a lawsuit to disclose such arrangements within 60 days of filing a suit.

Insurer incentive grants boosted

The Louisiana Legislature also agreed to allocate an extra $10 million for the previously approved insurer incentive program, bringing to $55 million the amount available to insurers that agree to enter the state’s home insurance market to offer new coverage.

Also included in the bills is $30 million for a long-term grant program to help homeowners fortify their homes against hurricanes – a 50 percent increase over the amount Donelon discussed when planning for the legislative session.