Category Archives: Legal Environment

Affordability, Auto Insurance, Catastrophes, Homeowners Insurance, Legal Environment

Florida Reforms Drive Benefits for Consumers

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By Lewis Nibbelin, Research Writer, Triple-I

Legal system reforms targeting fraud and excess litigation in Florida are helping drive renewed underwriting business and lower premium rates for consumers throughout the state, signaling ongoing improvements in the Sunshine State’s insurance market health, according to an S&P Global Market Intelligence analysis.

Post-reform, nearly 20 new property insurers have entered the Sunshine State and existing carriers have expanded their market share, fueling double-digit growth in direct written premiums for many of the state’s largest insurers in 2025. As policyholders shifted to the private market, policies in force for Citizens Property Insurance Corp. – the state-run insurer of last resort and previously the state’s largest residential insurance writer – dropped by 57.8 percent from 2024.

Premiums for Citizens policyholders fell 43.7 percent, alongside extensive premium reductions for thousands of Florida homeowners and drivers across the property/casualty insurance market. Florida’s top five auto insurance groups, for instance, averaged a more than 6 percent rate reduction through mid-year, accounting for 78 percent of the state’s auto market. These reductions have increased to an average of 8 percent based, on the most recent 2026 regulatory filings.

Claims-related litigation has also plummeted, slashing the market’s defense and cost containment expense ratio to 1.9 percent, S&P reported – a major decline from 8.4 percent in 2022, before the 2022 and 2023 reforms were fully implemented. In dollar terms, 2025 saw $537 million in direct incurred legal defense expenses, down from roughly $792 million the prior year and from $1.6 billion in 2022.

Amid decreasing litigation costs, Florida’s residential property insurers recorded over $2 billion in underwriting gains in 2025, with the state’s homeowners’ market posting its highest net income in more than a decade.

Favorable 2025 results are good news, but it’s important for policyholders and policymakers to remember the sustained, industry-wide reform efforts that underpin Florida’s current stability. Despite their measurable benefits to consumers, the reforms have faced repeated legislative attacks, threatening to undo much of this progress.

Florida’s strong market performance also reflects relatively mild catastrophe activity in 2025, including the absence of any U.S. hurricane landfalls. Though the 2026 Atlantic hurricane season is forecast to be “somewhat below normal,” ongoing caution is essential, as just one significant landfall could threaten recent market growth and leave lasting damage.

Compounding these challenges is Florida’s most severe drought in over 25 years, which has produced nearly 2,000 wildfires in 2026 year-to-date and impacted many areas traditionally considered low risk. With wildfire risks still looming, the shift underscores the dynamic headwinds that imperil the state, necessitating continued legislative support of reforms to keep coverage affordable and available in one of the most complex states to insure.

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Affordability, Auto Insurance, Homeowners Insurance, Insurers and the Economy, Legal Environment

Illinois Bill Would Hurt Insurers and Customers

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By Jeff Dunsavage, Head of Research Publications and Insights

Senate Bill 1486 – currently moving through the Illinois General Assembly – would unnecessarily burden insurers and hurt the customers it is intended to protect.

“The measure would add new regulatory layers that could impede the accurate pricing of risk while doing nothing to address the underlying causes of rising premiums,” Triple-I said in a recently published Policy Brief. “Premiums are increasing at different rates across the country, reflecting a mix of factors that include climate events, shifting populations, rising costs to repair and replace property, and legal system abuse.”

All these factors drive up the number and the cost of claims and, if not properly addressed, could erode the policyholder surplus insurers are required to keep on hand to pay claims. If surplus declines below levels mandated by regulators, insurers must raise rates or rethink their appetite for writing coverage in riskier states.

Neither option is good for consumers.

If affordability is the goal, the most effective path is cost reduction. Illinois leaders should model the behavior of states that are addressing the root causes of rising insurance premiums – not just treating the symptoms.

The brief also points out that both homeowners’ and personal auto insurance in Illinois is more affordable than the U.S. average, when measured as a ratio of average insurance expenditures to median household income.

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Affordability, Insurers and the Economy, Legal Environment

States Take the Lead on Third-Party Litigation Funding Reform

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By Lewis Nibbelin, Research Writer, Triple-I

The Louisiana Department of Insurance’s new partnership to combat marketing tactics tied to third-party litigation funding (TPLF) is only the latest in a wave of state efforts to limit the practice across the country.

TPLF occurs when outside investors profit from lawsuits by paying for legal costs in exchange for a share of the settlement or judgement if the suit wins. In practice, this incentivizes prolonged and unnecessary cases and can culminate in extreme nuclear verdicts of $10 million or more.

By partnering with the National Insurance Crime Bureau (NICB) and digital intelligence company 4WARN to investigate and raise awareness of these practices, the Louisiana department aims to shield the public “from opportunists who manipulate the claims process to fuel excessive litigation, which is a primary driver of our high insurance costs,” said Insurance Commissioner Tim Temple.

A joint study from NICB and 4WARN reveals that third parties invested an estimated $380 million into online search ads from June 2024 to June 2025, attracting 27.8 million clicks to TPLF-hosted websites in June of last year alone. Some mislead policyholders into believing they are communicating with their insurer to escalate disputes before they talk to the insurance company, the Louisiana insurance department said, reflecting a coordinated online claimant recruitment system designed to promote legal system abuse.

Beyond inflating insurance premiums, TPLF costs each U.S. household more than $600 annually, at $192.79 per individual, in lost earnings and purchasing power, according to a report from the Perryman Group and Citizens Against Lawsuit Abuse. Another finding suggests direct annual losses associated with TPLF total $35.8 billion as of 2024.

A growing trend

Legislation targeting TPLF reached a record nationwide high last year, including within a package of Georgia reforms that, among other things, requires litigation financiers to register with the state Department of Banking and Finance and prohibits them from influencing case outcomes, such as by making decisions related to settlements or counsel selection. In the wake of these reforms, the Peach State has welcomed a trend of major auto insurance rate reductions and unprecedented dividends for thousands of drivers.

More recently, a new Mississippi law that takes effect July 1 will mandate disclosure of foreign litigation funding to prevent foreign entities from exploiting the U.S. legal system for sensitive information. Utah passed its own bill in March, introducing comparable restrictions.

Legislation that passed a Michigan House committee earlier this month would bar foreign TPLF altogether, as well as require disclosure and registration of all funders in TPLF-backed cases. Similar bans on foreign TPLF have been proposed in Missouri, Tennessee, and Ohio, with bills in the latter two states both passing their state Houses.

Louisiana lawmakers have also introduced legislation to increase TPLF transparency, building on the state’s 2024 law introducing some oversight of foreign TPLF. The proposed bill would further require attorneys to disclose TPLF contracts either within 30 days of being retained as counsel or 30 days of entering a funding agreement, depending on whichever action comes first. Though the bill failed to receive a vote in the state’s previous legislative session, it continues to garner strong bipartisan support.

While Louisiana’s overall premium rates declined in 2025, including a 5.8 percent average decrease in auto premiums, Temple noted in a separate statement that “we should not necessarily expect to see this level of decrease in future years unless we continue to pursue legal reform that addresses the foundational reasons our rates are the highest in the country.”

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Georgia Targets Legal System Abuse

Affordability, Legal Environment

Legal System Abuse Awareness Campaign Spreads Across U.S.

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By Jeff Dunsavage, Head of Research Publications and Insights, Triple-I

Triple-I’s awareness-building campaign around legal system abuse and its impact on consumers and businesses – including driving up insurance premiums – continues to spread across the nation.

Over the past several weeks, brick-and-mortar highway billboards and digital displays have appeared in areas of Missouri, Oklahoma, and Wisconsin. This follows the campaign’s February expansion into California and Illinois. Kicked off in 2024 in the Capitol District of Atlanta, the campaign also includes a dedicated online consumer-education resource:  StopLegalSystemAbuse.org and targeted social media messaging.

By demonstrating the direct link between lawsuit abuse and increased insurance premiums, Triple-I aims to catalyze legislative action and economic relief.

 “We have already seen how meaningful tort reform in states like Florida, Georgia, and Louisiana can stabilize the insurance market and provide direct financial relief to consumers,” said Triple-I CEO Sean Kevelighan. “Triple-I remains committed to educating lawmakers and the public on the high cost of legal system abuse, addressing the critical issue of affordability for families, and driving legislative progress that restores balance to the national economy.”

The pain is real

Affordability – including insurance costs – is a nationwide issue, and consumers’ pain is real. Unfortunately, many legislative proposals aimed at easing that pain would have the opposite effect.  As Bloomberg warned in a January 2026 editorial, policymakers should resist politically popular but “simplistic solutions, such as capping premiums, subsidizing homebuyers, or punishing investors.”

Instead, it recommends taking steps to increase investment in catastrophe resilience and mitigate cost drivers like legal system abuse.

“In many states,” the editorial said, “underwriters must contend with laws that favor plaintiffs, outsized jury awards, and a proliferation of funds that specialize in financing lawsuits. Research suggests that such costs have been the single biggest driver of premium increases in recent years.”

Also feeding higher premiums are increased replacement costs related to inflation.

Model what’s working

As policymakers seek ways to address these influences, it’s important to learn from states that are succeeding. Florida has a long history of man-made problems caused by insurance fraud and litigation abuse that have contributed to upward pressure on insurance rates. More recently, the state’s legislative reforms to address fraud and tort reform have made the Sunshine State a national model for getting at the root causes of high premiums, instead of merely treating the symptoms.

Since reforms were enacted following a 2022 special session of the Florida Legislature, nearly 20 new property insurers have entered the state and existing carriers have expanded their market share, driving renewed private competition. That shift has facilitated a deep reduction in the number of policies administered by Citizens Property Insurance Corp. – the state-run insurer of last resort.

Other states would do well to pay attention to Florida’s blueprint and learn from these and other successes.

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Homeowners Insurance, Insurers and the Economy, Legal Environment

Lessons for Texas in Florida Legal Reforms

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By Lewis Nibbelin, Research Writer, Triple-I

Texas lawmakers struggling to ease the state’s rising insurance costs might find useful insights from Florida’s sustained commitment to legal system abuse reform.

In recent years, Florida led the nation in claim-related litigation, accounting for 72 percent of homeowners’ insurance lawsuits despite representing only 10 percent of homeowners’ claims. This disparity fueled escalating premium rates and a multi-year insurer exodus, steering state lawmakers toward litigation reforms in 2022 and 2023. These reforms, among other things, curtailed one-way attorney fees and assignment of benefits (AOB) for property insurance claims.

Post-reform, dozens of homeowners’ and auto insurers have filed for premium reductions in the state, with some carriers filing cumulative reductions of more than 20 percent. Renewed market competition from the 18 new property insurers in the Sunshine State also facilitated the lowest number of policies administered by Citizens Property Insurance Corp. – the state-run insurer of last resort – in over a decade, at a 50 percent drop last year from 2024 due to successful depopulation to the private market.

Florida’s growing stability reflects a steady decrease in nuclear verdicts (awards of $10 million or more) and claims-related lawsuits, with every month of 2025 reporting a continued decline in newly filed litigation compared to the same month the previous year, the state governor’s office said in a statement.

Texas insurance premiums spiral

Unlike Florida’s trajectory, Texas once set the gold standard for a fair and balanced court system, leading with a series of 1990s and early 2000s reforms that included a $250,000 cap on noneconomic damages in medical malpractice cases. While this legislation remains intact, continued efforts have stalled under repeated legislative challenges to preexisting and proposed reforms.

Last year’s failed state Senate Bill 30, for instance – based on a similar Florida measure – aimed to restrict “phantom damages” by showing juries the actual amount paid for medical bills, rather than an inflated amount determined by a healthcare provider’s list prices. Such amounts contribute to outsized damage awards in the state, which hosted the highest volume of U.S. nuclear verdicts in 2024.

Insurers must account for these added costs when setting rates, leading to a 19 percent increase in average Texas homeowners’ insurance rates in 2024 after a 21 percent spike in 2023, according to Texas Department of Insurance data. Research from the Insurance Research Council – an affiliate of The Institutes, like Triple-I – ranked Texas as the sixth least affordable state for homeowners’ insurance in 2022, with homeowners on average paying 3.13 percent of median household income for coverage.

These trends earned Texas a spot on the American Tort Reform Foundation’s (ATRF) annual “Judicial Hellhole” watch list last year, which highlighted “a wave of industry-targeted lawsuits” within the state. Noting that excess litigation also costs Texans an average of $1,724 each year, ATRF president Tiger Joyce argued “Texas courts are in jeopardy — and it’s hardworking families who pay the price for lawsuit abuse.”

Texas policymakers would do well to build on the state’s track record of meaningful reform and continue pushing for legislation modeled on Florida’s success. Because the Texas Legislature will not meet again until January 2027, the Lone Star State will remain a difficult litigious environment for defendants and insurers alike for some time.

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Auto Insurance, Coastal Property, Homeowners Insurance, Insurers and the Economy, Legal Environment

Florida Premiums Drop Amid Post-Reform Stability

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By Lewis Nibbelin, Research Writer, Triple-I

Legislative reforms to address claim fraud and legal system abuse in Florida have continued to help stabilize the state’s property/casualty insurance market, contributing to premium reductions for thousands of homeowners and drivers, according to the latest Triple-I Issues Brief.

Since the reforms, nearly 20 new property insurers have entered the state and existing carriers have expanded their market share, driving renewed competition in the private market. This shift facilitated the lowest number of policies administered by Citizens Property Insurance Corp. – the state-run insurer of last resort – in over a decade, after a 50 percent drop in policies in force from 2024.

Claims-related litigation has also plummeted, with insurance litigation filings down 23 percent year-over-year from 2023 to 2024. Filings then fell 25 percent during the first half of 2025, compared to the same period in 2024, and remain below pre-2018 levels, as reported by the state governor’s office.

Florida’s reforms were enacted in 2022 and 2023, at a time when the state accounted for 72 percent of the nation’s homeowners claim-related litigation but only 10 percent of homeowners claims. The disparity reflected escalating premium rates and a multi-year insurer exodus, steering state lawmakers toward litigation reforms that, among other things, curtailed one-way attorney fees and assignment of benefits (AOB) for property insurance claims.

Ongoing market momentum

The impact of the reforms is particularly evident in Florida’s auto insurance market, which recorded the lowest personal auto liability loss ratio in the nation – and the state’s lowest in 15 years – in 2025, at 52.5 percent, according to the OIR. The market’s physical damage loss ratio also fell to 49.5 percent, reflecting a steady decline from 112.0 percent in 2022.

Such stability produced extensive savings for Florida drivers in 2025, with the state’s top five auto insurance groups averaging a more than 6 percent rate reduction through mid-year, accounting for 78 percent of the state’s auto market. These reductions have increased to an average of 8 percent based on the most recent 2026 regulatory filings.

Homeowners are also experiencing relief after more than 185 residential filings for flat or decreased rates over the past two years, the OIR reported. Rate changes have continued to flatten in the state after years of tracking the upward trend of rates nationally.

Lower reinsurance costs factor into this finding, translating to a 10.7 percent price decrease overall on reinsurance in 2025, according to a Gallagher Re report on the sustained success of Florida’s reforms.

“Hurricanes Helene and Milton, two powerful and destructive storms that hit Florida in September-October 2024, also provided a useful – if unwanted – test case for the reforms’ efficacy,” the report added. “Many insurers ceded losses on layers below the state’s catastrophe fund, but despite this, there was more reinsurance capacity than expected available for these layers.”

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Affordability, Auto Insurance, Insurers and the Economy, Legal Environment

Uber Joins Effort to Drive Legal System Reform

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By Lewis Nibbelin, Research Writer, Triple-I

Ridesharing platforms like Uber are as vulnerable as other businesses to the cost impacts of legal system abuse – costs that inevitably are passed along to their customers. The company reported a more than 50 percent increase in its ride insurance costs per trip in recent years, despite also recording a lower rate of overall crashes from 2017 to 2022.

Passengers see these costs reflected in trip prices, with insurance accounting for roughly 10 percent of the average rider fare nationwide, or as high as 47 percent in costlier areas like Los Angeles County.

“Insurance for us is the second-highest operating cost after payment to drivers,” said Adam Blinick, Uber’s senior director of public policy and communications, in a recent Executive Exchange interview with Triple-I CEO Sean Kevelighan. “It’s been a bit of a calling card to get more aggressive on litigation and being public about where we see the abuse.”

Coordinated attorney outreach helps fuel the trend. Among motor accident victims surveyed by Protecting American Consumers Together, attorneys contacted 92 percent after their accident, including 57 percent who reported they were contacted by more than one. Solicitation typically occurred within a week of the incident, or “before insurance can play a part in addressing someone’s concerns,” Blinick noted.

“This creates more avenues to push people into these mills and artificially inflate the value of claims,” he said.

Third-party litigation funders play a major role in recruiting claimants. Though lack of transparency surrounding the market conceals its true size, a recent report from the National Insurance Crime Bureau and 4WARN estimates third-party funders spent more than $380 million on online search ads alone between June 2024 and June 2025, with some engaging in brand impersonation and search engine manipulation to mislead consumers and extend litigation.

Research from Triple-I and the Casualty Actuarial Society (CAS) estimates excessive litigation added $231.6 billion to $281.2 billion in liability insurance losses from 2015 to 2024, a finding that economic inflation alone cannot explain. A separate Triple-I report on civil case filings reinforces the finding, revealing approximately $42.8 billion in excess litigation value from motor vehicle tort cases filed between 2014 and 2023 in the federal and state civil courts.

“That’s a drop in the bucket to the reality of the problem,” Kevelighan said, “because less than 10 percent of cases had judgments. Others were settled and we can’t necessarily track the settlement data.”

Blinick discussed how uninsured and underinsured motorist (UM/UIM) insurance limits can also attract high claim volumes and disputes, particularly for the rideshare industry. Multiple states require ridesharing businesses to pay $1 million or more for such coverage, with limits in New York set at $1.25 million. Though intended to provide relief for policyholders hit by UM or UIM, these requirements mean bad actors stand to win more from claims, incentivizing excessive lawsuits and fraud.

Staged crashes generate many such claims, with some schemes involving a network of rideshare passengers who are “tied to the law firm, the medical providers, the body shops, the lenders themselves… all across the board,” Blinick said.

He added that many offenders “are the same ones who are doing slip and fall claims and mass tort suits against cities and counties. They’re not picky in terms of who they’re going after. They’re going wherever the opportunity presents itself.”

A 2025 California law that went into effect this year aims to help mitigate fraud by reducing the rideshare industry’s UM/UIM coverage limits from $1 million to $300,000 per accident. Uber has also submitted a November 2026 ballot measure that would cap contingency fees and limit medical damages in vehicle accident cases within the state, as well as shown support for New York’s 2027 budget proposals to combat fraud and unnecessary litigation.

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Affordability, Artificial Intelligence, Insurers and the Economy, Legal Environment

Legal System Abuse, Artificial Intelligence Cloud 2026 Outlook

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By Lewis Nibbelin, Research Writer, Triple-I

Though U.S. economic growth in the coming year remains strong, an ongoing rise in legal system abuse and emerging AI trends may challenge that outlook, according to Chubb chairman and CEO Evan Greenberg in a recent letter to shareholders.

Describing the 2026 market outlook as a “mixed picture,” Greenberg explained that, despite growth drivers like innovation investments and federal deregulation efforts, these gains face challenges from the “cancer” of excessive litigation, which raises costs on “just about everything – transportation, food, construction, insurance and more.” Such expenses amount to an average “tort tax” of $4,000 annually per household, Greenberg argued, and inflate liability insurance costs up 7 percent to 9 percent a year.

“The trial bar is a money-making growth industry, and it continues to expand as lawyers search for new theories of liability to bring more lawsuits,” Greenberg said, adding that third-party litigation funders (TPLF) help turn “courtroom payouts into a speculative asset class.”

Florida has made substantial progress in mitigating these costs through its 2022 and 2023 reforms, contributing to a $4.2 billion increase in business activity and the creation of more than 29,000 jobs, the Perryman Group estimates. Several states, including Georgia, Louisiana, and New York, have also enacted legislation establishing greater oversight of TPLF, spurring similar legislative momentum on a federal level.

Greenberg emphasized the need for continued reforms as courtroom imbalances persist nationwide, noting “it will be a long fight” before policyholders begin to see their impact on insurance premiums and other costs.

Accommodating a digital age

Rapid advancements in AI have bolstered productivity “in all aspects of the underwriting and claims processes,” Greenberg said, facilitating deeper insights, improved customer experiences, and new product innovations. Integrating AI into the insurance industry, however, poses unique hurdles, particularly as companies grapple with an expanding talent gap.

AI adoption can help attract professionals who may otherwise overlook the industry, but upskilling and reskilling current employees is essential to push adoption forward. By investing in AI skill development, such expertise can be paired with “business professionals and managers who know intimately how the business works and what’s required for change,” Greenberg explained.

While any major tech transformation demands “iterative, gritty work,” Greenberg reiterated “the stronger our competitive profile, the more we will grow, which means more employment over time with higher productivity. And remember, when it comes to most insurance, people still want to deal with people. It’s a trust business.”

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Affordability, Legal Environment

Triple-I Legal System Abuse Awareness Campaign Enters California, Illinois

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By Lewis Nibbelin, Research Writer, Triple-I

As part of its continuing effort to highlight the impacts of legal system abuse, Triple-I has launched public awareness campaigns on the need for legal reforms in Los Angeles, Calif., and Cook County, Ill., which includes Chicago. The campaigns comprise brick-and-mortar billboards and digital scapes in high-traffic areas across both regions, all of which promote Triple-I’s updated StopLegalSystemAbuse.org microsite.

California and Illinois are perennial members of the American Tort Reform Foundation’s (ATRF) annual list of “judicial hellholes,” or jurisdictions where the organization believes legal system abuse runs rampant. Los Angeles topped its most recent list due to frequent nuclear verdicts and “novel theories of product and environmental liability” to the disadvantage of defendants, ATRF says, with Cook County ranked seventh.

A consumer guide co-authored by Triple-I and Munich Re outlines how such practices fuel rising insurance premiums and other cost burdens throughout the country, to the tune of $6,664 in added annual costs for an American family of four and 4.8 million in jobs lost nationwide. Per resident, these annual costs amount to $2,566.70 in California and just over $2,000 in Illinois, with both states losing hundreds of thousands of jobs every year.

Billboard lawyers blur reality

Attorney advertising often obfuscates this reality, implying plaintiffs win big rather than receive only a fraction of awarded damages. Triple-I’s most recent Issues Brief on legal system abuse notes that legal service providers spent $2.5 billion on millions of ads in 2024 largely to tout this messaging, which research suggests increases the number of plaintiffs in multidistrict litigation (MDL), or large, complex lawsuits consisting of multiple civil cases in different districts.

Additional research from Triple-I and the Casualty Actuarial Society (CAS) estimates that excessive litigation drove $231.6 billion to $281.2 billion in increased liability insurance losses from 2015 to 2024, a finding that economic inflation alone cannot explain. A separate Triple-I report on civil case filings reinforces the trend, revealing an estimated $42.8 billion in excess litigation value from motor vehicle tort cases filed between 2014 and 2023 in the federal and state civil courts.

Gaining momentum

Triple-I’s new campaigns build on the momentum of its parallel efforts in Georgia and Louisiana, where state lawmakers successfully passed sweeping legal system abuse reforms last year. Both states, for instance, have established greater oversight of third-party litigation funding to prevent outside investors from gaming the court system for profit. Though the reforms remain too recent to fully affect premiums, legal reforms in Florida model the kinds of subsequent market improvements these states can later expect.

Families and businesses across the country are grappling with rising costs. By distorting loss trends and propelling claims expenses, unnecessary and drawn-out litigation serves only to exacerbate the strain. Addressing these pressures requires ongoing dialogue between regulators, consumers, industry leaders, and other stakeholders to ensure fairness in the court system while supporting a stable insurance environment that keeps coverage accessible.

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Homeowners Insurance, Insurers and the Economy, Legal Environment

Take Care in Addressing Homeowners’ Premiums, Bloomberg Cautions Policymakers

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By Jeff Dunsavage, Senior Research Analyst, Triple-I

While rising homeowners’ insurance can be a problem for some consumers, a recent Bloomberg editorial cautions policymakers against pursuing “simplistic solutions, such as capping premiums, subsidizing homebuyers, or punishing investors.”

Instead, it recommends taking steps to increase investment in catastrophe resilience and mitigate claim cost drivers, such as legal system abuse.

Bloomberg attributes slumping condominium prices and rising rents, in part, to increasing homeowners’ insurance premiums.

“Average homeowners insurance premiums rose almost 25 percent from 2019 to 2024 in real terms,” the editorial says. While politicians “have been quick to blame greedy insurers,” the reality is more complicated. Contributing factors include:

  • Increasingly costly disasters – evidenced by a sharp increase in billion-dollar catastrophes. In 2025, Bloomberg says, insured losses from such calamities reached $108 billion.
  • Insufficient investment by states in disaster resilience measures, “such as retrofitting public works and enforcing appropriate building codes”.
  • Escalating legal costs that are passed on to homeowners.

“In many states,” Bloomberg says, “underwriters must contend with laws that favor plaintiffs, outsized jury awards, and a proliferation of funds that specialize in financing lawsuits. Research suggests that such costs have been the single biggest driver of premium increases in recent years.”

Also feeding higher premiums are increased replacement costs related to record inflation during and since the COVID-19 pandemic.

In attempts to address these rising costs, several states in recent years have introduced legislative measures that would do more harm to homebuyers than good. Illinois insurers last year narrowly avoided increased government involvement in insurance pricing as state legislators rejected “an extreme prior-approval system found nowhere else in the country,” according to a joint statement from the American Property Casualty Insurance Association, the National Association of Mutual Insurance Companies, and the Illinois Insurance Association.

When California tried to artificially suppress premiums, “underwriters fled the market and left homeowners and the state’s insurer of last resort exposed to last year’s horrific wildfires”.  Since then, the state has allowed significant premium rate increases to lure insurers back.

Bloomberg recommends that states start by prioritizing the resilience of buildings and public works.

“Tax breaks and grants for hardening homes against floods, fire, and wind are a short‑term expense with long‑term benefits,” the editorial says, citing research that found communities lose as much as $33 in future economic activity for every $1 not invested in preparedness.

“The federal government, for its part, should commit to restoring FEMA’s pre‑disaster mitigation program and similar efforts,” Bloomberg says. “With strong oversight, such investment can protect property, limit job losses, accelerate rebuilding, reduce premiums, improve public health, and ultimately save money and lives.”

When it comes to litigation trends that put upward pressure on claim costs and, ultimately, premium rates, Florida offers an encouraging example.

“In 2021, the state was home to 6.9 percent of homeowner claims but 76 percent of the lawsuits against insurers,” Bloomberg says. “State lawmakers enacted reforms over the next two years that limited plaintiffs’ ability to allege negligence and recoup expenses, with significant results: At least 17 new insurers entered the market and dozens reduced premiums.”

Triple-I, its members, and its partners have long been engaged in helping policymakers and the public understand the forces that affect insurance affordability and availability and how they can help mitigate the factors that drive up costs.  

“It’s refreshing to see this type of thoughtful analysis of the homeowners’ insurance market by an authoritative financial news organization like Bloomberg,” said Triple-I CEO Sean Kevelighan.  “Consumers and policymakers need to understand that higher premiums are a symptom of the current risk environment, not its cause.”

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