Category Archives: Legal Environment

Affordability, Auto Insurance, Highway Safety, Insurers and the Economy, Legal Environment, Technology

Clarifying Drivers of Rising Auto Premiums

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By Lewis Nibbelin, Research Writer, Triple-I

Personal auto insurance premiums represent multiple aspects of the affordability crisis U.S. consumers face today, and a panel discussion at the Brookings Center on Regulation and Markets this week helped define and clarify them.

Panel moderator Aaron Klein, Miriam K. Carliner Chair and senior fellow in Economic Studies at the Brookings Institution, began the discussion by acknowledging “the rising rates of car insurance are part of the broader set of topics that have been given the term ‘affordability.’”

Representing insurers, regulators, and consumers, the panelists included Sean Kevelighan, CEO of Triple-I; Justin Zimmerman, a former commissioner in New Jersey’s Department of Banking and Insurance; and Chuck Bell, programs director for advocacy at Consumer Reports.

All agreed that much of the blame for rising rates can be attributed to external factors such as the costs associated with safer, more technologically sophisticated vehicles, thereby raising the costs to repair and replace them. Inflation has exacerbated these impacts, with auto replacement costs up 28 percent from 2021 to 2025. Over the past 12 months, inflation increased 4.2 percent, thanks in large part to geopolitical risks, supply-chain disruptions, and rising oil prices.

Disagreement surfaced, however, around the degree of insurance-industry responsibility for insurance costs. Consumer Reports’ Chuck Bell suggested the $14 billion insurers issued in rebates to consumers during the COVID-19 pandemic was insufficient, prompting Kevelighan to point out that, “of all the refunds being given, you saw the most coming out of the insurance business and community.” Zimmerman noted that many states also froze insurers’ ability to raise rates during the pandemic, leading to some post-pandemic “rate catch-up.”

Rampant legal system abuse helps fuel the strain. While derided as a concept by some, Kevelighan cited analysis from Triple-I and the Casualty Actuarial Society that indicates excessive litigation added up 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 indicated roughly one-third of increasing inflation in auto liability losses stemmed from these legal trends.

Kevelighan also highlighted the $380 million spent by third-party litigation funders (TPLF) on online advertising last year, according to a study from the National Insurance Crime Bureau and 4WARN. Now “a global multi-billion-dollar asset class,” TPLF has become a target for reform in a growing number of states, notably New York.

New York affordability struggles

Wiping out billions of dollars in U.S. economic activity annually, legal system abuse costs New York residents 427,794 jobs and $7,027 per household per year, contributing to the fourth-highest auto insurance expenditures in the nation, Triple-I estimates. Moreover, the state’s average personal auto injury claim is $46,726, at more than twice the national average.

Building on legislation to tackle TPLF, New York lawmakers recently passed a package of auto insurance reform bills to disincentivize legal system abuse and fraud, one of which will introduce a $100,000 cap on noneconomic damages for drivers who were at fault, uninsured, or impaired at the time of an accident. Comparative negligence rules were also updated to ensure costs cannot be shifted away from the motorists responsible for an accident.

Kaitlin Asrow, New York State’s acting superintendent for the Department of Financial Services, told Klein in an interview before the panel, “Over the last five years, suspicious fraud reports for just no-fault auto increased 80 percent.” She added that “staged accidents were up 34 percent” in New York City alone during the same period.

While further reforms are needed to address the Empire State’s high insurance costs, Kevelighan pointed out that similar efforts in Florida have begun to drive substantial premium reductions and renewed private market competition.

Modifying behavior for risk reduction

Though many influences on insurance costs are structural, Kevelighan emphasized “a lot of this comes down to our behaviors and how we’re driving and living.” As such, insurance must shift from “a once or twice a year type of transaction” to “an open and ongoing conversation” between insurers and their customers.

Part of that conversation revolves around distracted driving, which jumped significantly after the onset of the COVID-19 pandemic and remains at elevated levels. As measured by a recent Nationwide survey, seven in ten commercial drivers have reported experiencing increased distraction as well as reckless driving from other drivers, at a 10-point increase from 2025.

Nationwide also found that telematics commercial auto loss ratios drop by at least 30 percent when policyholders use telematics, a technology that monitors mileage, braking and acceleration, and other driving patterns to provide real-time feedback that can adjust unsafe behavior. In addition, built-in accident-avoidance systems are reducing rear-end collisions by 40 to 50 percent.

Noting telematics research is still in its early stages, Kevelighan said the “interaction and exchange” of risk information between insurers and policyholders “is where the industry is going to start shifting from just detecting and repairing after a catastrophe to predicting and preventing.”

“We’ve got to make sure we’re balancing out what it is that we’re doing to reduce our risk, because that’s the real driver,” Kevelighan explained. “When we reduce the risk, we can reduce the cost.”

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Affordability, Artificial Intelligence, Legal Environment, Regulation, Technology

How AI Helps Insurers Combat Fraud, Legal System Abuse

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By Lewis Nibbelin, Research Writer, Triple-I

At least 10 percent of property/casualty insurance claims may be fraudulent, adding up to billions of dollars in fraudulent insurance claims every year, the National Insurance Crime Bureau estimates. While legislative reforms are necessary to combat fraud and legal system abuse, many insurers are turning to artificial intelligence and machine learning models to help mitigate the risks in the near term.

Often trained on years of data, AI-powered tools can flag suspicious claims or those likely to litigate based on early risk indicators, such as attorneys or firms frequently linked to inflated claims. Some systems leverage litigation propensity scoring to predict a claim’s likelihood to escalate from the first notice of loss, providing real-time risk ratings throughout the claim cycle that better enable adjustors to prioritize high-risk claims.

By synthesizing historical data and automating the review process, such systems can give insurers the chance to intervene or settle before claims escalate. Research indicates these early-warning models can identify potentially fraudulent claims within two weeks after submission, far outpacing traditional detection methods that involve manually sifting through large, complex volumes of data.

Delivering measurable outcomes

Early intervention can facilitate fairer settlement outcomes and protect insurers and policyholders from unnecessary legal costs that keep upward pressure on premium rates for all consumers. Deloitte analysis suggests applying AI across the claims cycle could save insurers between $80 billion and $160 billion by 2032 through fraudulent claim reduction, translating to billions in savings for their insureds.

Data libraries that pool litigation pattern and claims data from insurers and companies from other industries can also improve AI model insights. Rather than leaving organizations to rely exclusively on their own internal data, these cross-industry approaches can expand base datasets and prediction accuracy, allowing insurers to keep pace with emerging risks.

To grasp insurance executive readiness for AI adoption, Deloitte conducted a separate 2025 survey that found those who reported successful AI initiatives cited “close collaboration across business, tech, data, and talent functions” as the greatest contributing factor. Among all respondents, 35 percent ranked fraud detection as one of their top five areas for implementing generative AI.

It’s no wonder why: As tools to mitigate insurance fraud have evolved, so too have the tools available to bad actors aiming to defraud the claims process. Plaintiffs’ attorneys themselves are seizing on the opportunity, with research from Suite 200 Solutions indicating “almost all litigation financing funds now use AI to identify cases likely to win,” down to “case type, venue, judge, plaintiff attorney, and other factors.”

Tactics to mislead consumers into escalating claims are also increasingly AI-driven, including automated “robocalls” and text messages that solicit receivers to file lawsuits. Another study from the National Insurance Crime Bureau and 4WARN observed that third-party litigation funders (TPLF) are using AI-generated content to scale volume and prolong settlements, as part of a larger digital marketing campaign that attracts 27.8 million clicks to TPLF-hosted websites every month.

Traditional claims review methods fail to capture these modern digital risks, necessitating AI-powered detection and mitigation to stay ahead of new threats.

Industry collaboration is key

Yet, as companies scale their AI investments, human oversight must remain at the forefront, as should maintaining a traceable actuarial record behind every model. Beyond safeguarding model accuracy, AI data understanding and preparation are crucial to ensuring carriers comply with insurance regulations and can uphold consumer trust. Attracting talent that balances actuarial knowledge with AI expertise will be pivotal to successful model deployment.

To address these challenges, Triple-I and The Institutes RiskStream Collaborative – like Triple-I, an affiliate of The Institutes – recently established two coordinating councils to develop shared AI capabilities and research and governance standards across the insurance sector.

Led by RiskStream, the AI Solutions Council brings together insurers, tech firms, and other stakeholders to prioritize multiparty AI use cases and generate AI solutions across the insurance value chain. Alongside Triple-I’s AI Policy Council, which focuses on regulatory and governance frameworks for AI use in insurance, these bodies give insurers a structured way to collaborate on AI solutions and best practices rather than leaving each carrier to build capabilities in isolation.

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Cyber Claim Severity Surges as AI, Litigation Accelerate Risk

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By Lewis Nibbelin, Research Writer, Triple-I

Despite a 34 percent decline in cyber insurance claim frequency for large U.S. businesses in 2025, average claim severity doubled to more than $4.4 million, according to Chubb’s 2026 Cyber Claims Report. Though AI-driven detection systems helped stabilize claim frequency across several global markets, advanced cyberattacks – alongside liability litigation challenges – ranked among the top cost drivers.

Drawing on historical claims data, the report explained how bad actors have begun leveraging AI for increasingly sophisticated attacks capable of “compromising multiple systems in a matter of minutes,” including large-scale incidents that involve minimal human oversight. Data-breach claims alone exceeded a historic $10.2 million in the U.S., propelled in part by the outsized impact of individual ransomware encounters.

Becoming faster and more difficult to detect, ransomware incidents can propagate across multiple businesses along a supply chain with just one attack, especially as markets become more globally interconnected. One such event in the U.K. led to roughly $568 million in losses for the targeted company but a $1.4 billion loss for the entire supply chain as manufacturing “halted for five weeks across sites in the U.K., Slovakia, Brazil, and China.” Over 5,000 U.K organizations in total were affected, Chubb said.

Consequences of cyber incidents extend beyond these losses, the report noted, as incidents increasingly escalate to legal action, often within days and “irrespective of the size of the entity or any controls perceived to be lacking.” Federal legislation enacted in 1988 to protect physical video privacy has helped lead the trend, as plaintiff attorneys continue to reinterpret the law to apply to modern streaming and social media platforms.

Similar applications of a 1967 statute in California – originally intended to prevent wiretapping – now target businesses that use website technologies such as cookies and tracking pixels, generating thousands of lawsuits in recent years. A bill that would remove these prohibitions for businesses has garnered strong bipartisan support, though faces an uncertain future after stalling in the state legislature last year.

“At a time when affordability is already one of California’s greatest challenges, these lawsuits are quietly making life more expensive for everyone,” wrote Scott Miller, president and CEO of the Fresno Chamber of Commerce, for The Fresno Bee. “[SB 690] would restore balance, reduce abusive litigation, and allow small businesses to focus on serving their customers, not defending against opportunistic lawsuits.”

A “growing body of privacy laws” are further “imposing complex, layered obligations for companies that store and/or transfer personal data,” Chubb reported, highlighting new laws in Indiana and Kentucky aimed at implementing stricter opt-in mechanisms for personal information. Companies may struggle to navigate these emerging regulations as privacy and cyber risks continue to evolve, creating compliance concerns and potentially exacerbating losses and broader supply-chain disruptions when cyberattacks occur.

Investing in threat detection, AI governance, and employee cybersecurity education are among the many ways organizations can boost their cyber resilience. A separate Chubb survey also suggests interest in cyber insurance to mitigate these risks is rising. Leaders across lower, core, and upper middle market segments identified cybersecurity and advancing technology as their chief risk concerns, with 47 percent of respondents indicating they were considering adding or increasing cyber coverage.

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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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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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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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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.

Learn More:

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

New York Among Least Affordable States for Auto Insurance

Claims Severity Drives Liability Insurance Losses

Revealing Hidden Cost to Consumers of Auto Litigation Inflation

Litigation Reform Works: Florida Auto Insurance Premium Rates Declining

New Consumer Guide Highlights Economic Impact of Legal System Abuse and Need for Reform

IRC Report Reveals One in Three Drivers Were Either Uninsured or Underinsured in 2023