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Colorado State University issues updated forecast for 2020 hurricane activity

The 2020 Atlantic hurricane season activity is still projected to be “well above average,” according to Triple-I non-resident scholar, Dr. Phil Klotzbach.

Dr. Klotzbach, an atmospheric scientist at Colorado State University (CSU), and his team issued an updated forecast on July 7. They project the 2020 Atlantic hurricane season will have 20 named storms (up from 19 in the previous forecast), nine hurricanes, and four major hurricanes.

The 20 named storms include the storms that have already formed. An average season has 12 named storms, six hurricanes and three major hurricanes.

The active season is driven in part by low odds of El Niño conditions in the summer/fall and well above average sea surface temperatures in the tropical Atlantic. The warm waters fuel tropical cyclones.

Please click on the links below for Triple-I’s hurricane preparedness guides:


National Hurricane Preparedness Week
Hurricane Season Insurance Guide
How to Prepare for Hurricane Season
What to do When a Hurricane Threatens
Video: Create a Home Inventory
Video: Hurricane Insurance Guide

Based on gas consumption, we’re nearly back to driving at pre-pandemic/recession levels

By Dr. Steven Weisbart, Chief Economist, Insurance Information Institute

The U.S. Energy Information Administration (EIA) publishes extensive data on petroleum production, refining and supplies to users, with some data provided on a weekly basis. Gasoline supplied to retailers is not quite the same as gasoline consumed but it is close. And gasoline consumed is not exactly the same as miles driven but it is close.  Consequently these data can indicate how much people are driving, sooner than we get data on the frequency and severity of collisions. Still, one benefit of tracking these data is that they are published in a timely way.

As a baseline, consider gasoline supplied in the first 12 weeks of 2020, compared to the comparable weeks in 2019 (Figure 1). Although this comparison can be affected by changes in prices from year to year as well as changes in weather (and possibly other differences between the two periods), we can assume that these differences are small and do not obscure longer-term trends.

The graph shows some week-to-week variation, but basically the same—or maybe a little less—gas supplied in 2020 vs. 2019.

Then the pandemic—and the start of the recession caused by fighting it—happened. Driving was sharply curtailed, and auto insurers instituted programs for refunding premiums to reflect this change. Figure 2 adds to Figure 1 the percentage change in year-over-year supplies of gas for the rest of March and all of April 2020.

But in May some states began relaxing various restrictions, and driving began to return to near-pre-pandemic/recession levels, as Figure 3 shows.

At this point there is no way to know what caused this spike in gas usage, but some speculate that any or all of the following could be responsible:

•        States are moving to more permissive stages of lockdown, resulting in more travel, especially to beaches and other outdoor activities

•        People who once took public transportation are now choosing to drive, thereby lessening exposure to the virus that might result from travel on mass transit

•        Warmer weather months are traditionally a time for more driving

•        The price of gas continues to be unusually low, making driving less burdensome than the prior year.

Social Inflationand COVID-19

Social inflation” refers to rising litigation costs and their impact on insurers’ claim payouts, loss ratios, and, ultimately, how much policyholders pay for coverage. While there’s no universally agreed-upon definition, frequently mentioned aspects of social inflation are growing awards from sympathetic juries and a trend called “litigation funding”, in which investors pay plaintiffs to sue large companies – often insurers – in return for a share in the settlement.

If the idea of social inflation was controversial before the start of the coronavirus pandemic and subsequent economic lockdown, with some calling it a hoax, the subject must now be looked at through the additional lens of COVID-19’s long-term impact on liability questions, plaintiff expectations, and juror attitudes.

A.M. Best said early in the crisis that COVID-19 could produce a big increase in social inflation. The reason: expectations that businesses would sue their insurers in an attempt to access their business interruption coverage for losses relating to the coronavirus pandemic. Such lawsuits have been and continue to be brought.

Hiscox warns about rising Florida risk

Despite reports of rate increases across the property catastrophe reinsurance sector at the mid-year renewals, a Hiscox executive has warned that these improvements could be offset by rising costs of risk in Florida, Reinsurance News reported

After consecutive heavy loss years, some fairly significant loss creep and low interest rates, coupled with the impacts of the COVID-19 pandemic, reinsurance rates reportedly trended in a positive manner at the mid-year renewals, with rises of 20% – 30%, or more in some instances. While reinsurers will welcome rate increases after a prolonged soft market and subsequent pressured returns, the improvements might not be sufficient to account for the increased risk in the region’s market, according to Ross Nottingham, Chair of North America at Hiscox Re and ILS, a division of global insurer and reinsurer Hiscox.

“Why? Because these increases haven’t yet covered our own view of the increased risk in the Florida market, which suggests that the amount of risk going into these programmes is a lot higher than thought last year,” Nottingham said. “That means you might get a 30 percent increase on the programme, but if you’ve measured the risk to the layer and established that it’s potentially worth 40 percent more in premium than it was last year, the margin has in fact decreased.”

Nottingham said the increases being seen in the Florida market in 2020, while positive, are barely covering the additional risk that is out there as evidenced by the substantial levels of adverse loss development on prior year events.

“And what’s continuing to drive loss creep? The villain of the piece is social inflation – a factor not yet captured in the vendor cat models the industry benchmarks for measuring hurricane risk.”

Nottingham says that in Florida social inflation comes from a variety of sources, ranging from assignment of benefits (AOB) litigation to loss adjustment inflation.

AOB abuse has been mitigated somewhat by recent reform legislation. But Nottingham says this reform is expected to have a limited impact on catastrophic claims being litigated and related inflation of a claim once lawyers start to get involved through other avenues.

“Despite insurers’ best efforts to change their original policy forms or to de-risk in the worst performing areas, it is expected that AOB or equivalent abuse will continue after the next big loss event,” says Nottingham. “Two years ago, the market thought the physical attributes of Irma were akin to a one in 10-year event. The loss now – with the advent of social inflation-fueled loss creep – looks more like the cost of a one in 20-year event, but there is no new science to show the expected vulnerability or hazard has changed.”

Another important element impacting reinsurance rates this year is the ongoing COVID-19 pandemic, which, Nottingham says hasn’t been factored into pricing for the months ahead. Forecasters predict an above-average level of hurricane activity in the Atlantic in 2020, which, coupled with the unprecedented impacts of the virus outbreak, presents unique challenges for the industry.

How Court Lockdowns May Turn Social Inflation Tide

COVID-19 may affect some aspects of social inflation in a different manner, Claims Journal reports.

Speaking at a recent Advisen event – Social Inflation: Truth or Fiction – defense attorney Ellen Greiper reported receiving more than the usual number of phone calls from plaintiffs’ attorneys.

“I have had a flurry of phone calls from plaintiffs who are now willing to take that [settlement] amount I had offered before,” said Greiper, a partner with Lewis Brisbois, Brisgaard & Smith. With courts having been closed as part of the general pandemic lockdown and now slowly reopening, “Those plaintiffs are realizing that they are not going to get a trial for at least two years, no matter what status their case may be and whether it’s discovery or past that. So now they are coming out of the woodwork.”

She added that the plaintiffs are “starting to realize that when we all come back and the jurors don’t have jobs or they’ve been furloughed, they’re not getting $10 million on a cervical fusion. They may realize that’s a ridiculous amount of money.”

Latest report shows job stability for the insurance industry

By Dr. Steven Weisbart, Chief Economist, Insurance Information Institute

Dr. Steven Weisbart

The employment report for June 2020 just released by the U.S. Bureau of Labor Statistics, has some interesting numbers.  I’m not referring to the national employment numbers but to the May employment numbers for the insurance industry.

You might remember that the May numbers for the national economy were dreadful. The unemployment percentage was 13.3 percent. The comparable numbers for subsets like the property/casualty (P/C) insurance industry aren’t released until a month later, but those numbers for these subsectors became available today. Note that the May numbers are preliminary and are often revised, though slightly, in subsequent months.

In May, preliminary P/C insurance carrier employment shed the 2,700 jobs that had been gained in April. P/C carrier employment has been effectively flat at 559,000 since February 2020—remarkable in relation to most other sectors of the economy.

Life/annuity carriers gained 300 jobs in May, for total employment of 350,000—essentially flat since January 2019 (with some few large month-to-month changes that net to roughly zero).

Surprisingly, health (mainly medical expense) carriers lost 3,200 jobs in May, following a loss of 2,500 (revised upward) jobs in April. This might be explained by the cessation of services like elective surgery and fewer visits to emergency departments (a recent CDC report showed a drop of roughly 25 percent in visits for heart attacks and strokes in April and May).

Insurance brokerage and agencies gained 1,500 jobs in May after having lost 10,500 jobs (revised) in April. I suspect that the May agent/brokerage numbers will be revised upward next month, in part due to participation in the Paycheck Protection Program.

It looks like the insurance industry is doing its part to keep the economy running.

My floodiversary

Getty Images

Today marks one year when my car got flooded, I got stranded, and I learned a huge lesson: I call it my floodiversary.

We keep a small saltwater tank, and to keep the tank healthy, it needs regular water changes. Before the Fourth of July weekend I decided to swing by the local fish store and pick up 5 gallons of water to replenish the tank. That way I could get the chores out of the way in order to relax and enjoy the rest of the holiday weekend.

I got to the store in time and picked up a five-gallon industrial container. I put it in the back, put the hatch down and started the 30-minute trip home. About halfway there, I made a turn. That’s when the trouble started. The car began to lose power. Fortunately I was able to pull over. I tried to start the car. Nothing. A new car…why? Then it occurred to me: the %$@*& water. I went to the back, opened the hatch and sure enough, my trunk had about an inch of water gently sloshing back and forth. I started to try and scoop the water out with the bucket, but it was impossible.

I went back to the car, got in and left the door open and started to assess my options. It was sweltering–about 90 degrees; I was in the middle of nowhere and had spotty cell service. I let my family know where I was and tried to connect to my car’s emergency system. After many tries and fails, and even speaking to an engineer, it was clear the car was not going to start up again. So I waited for the tow truck and my husband, as I swatted mosquitoes and thought about cold drinks and air-conditioning.

The tow truck arrived from the dealership, but the guy was in a hurry. He refused to let me ride back with him, but it was a war of wills. I was determined not to be left on the side of the road, so I stalled by asking him questions until my husband pulled up. We both watched as the car was raised on the flatbed, with water streaming out the back. It was a holiday weekend, so the car would have to sit on the lot in the heat all weekend. My husband had brought a stack of towels, so we did what we could. We looked at each other. No more water in the car.

On the ride back home I called my insurer. They couldn’t do much over the weekend but would be back in touch after the holiday. The next week I got the call. After the deductible was met, the damage was all covered—about $4,500 all in. My insurance also covered the cost of a rental car. The adjuster assured me the car would be fine; it turns out the water had shorted out a panel located in the trunk of the car that connected to its “brain.” But after the ordeal, it was a relief to know the car would be ok and ready to drive after a few days. The adjustor had been pleasant and helpful. “I got to tell you,” he said, “I’ve seen flooding before. But I’ve never seen a car flooded from the inside.”

Don’t Get Burned by Mishandled Fireworks

As towns cancel fireworks celebrations because of the coronavirus pandemic, many more backyard and neighborhood fireworks displays will likely take place on July Fourth.

In New York City, more than 12,500 calls were made to 911 for illegal fireworks in June alone – roughly  12 times the number of comparable calls received  in the first six months of 2019.

Though fireworks are legal in some form in most states, they can be very dangerous when not handled by professionals. According to the National Fire Protection Association, fireworks caused 19,500 fires in 2018. A recent wildfire in Utah that prompted the evacuation of 100 homes was attributed to fireworks.

And nearly 4,900 Americans go to the emergency room with fireworks-related injuries during the first eight days of July, according to the Pew Research Center.  

The video above explains the insurance coverage available for fireworks-related damage or injury. For example, if a neighbor’s fireworks damage your home, their homeowners policy should cover you. But if you are setting off illegal fireworks, remember: homeowners insurance  doesn’t usually cover accidents caused by illegal actions.

For Fourth of July  safety tips, click here.

Have a safe and enjoyable holiday!

Understanding FEMA and other flood maps

On June 29 the First Street Foundation, a nonprofit research firm, released an analysis of flood risk which shows that nearly 6 million of the nation’s properties are at more substantial risk of flooding than indicated by the Federal Emergency Management Agency’s (FEMA) maps.

FEMA replied with a statement that its maps are intended for floodplain management and decisions about emergency responses and that its flood insurance risk maps do not conflict with First Street’s maps since the two complement one another by showing different types of risk.

To help explain how flood maps work, Dr. Michel Léonard, Vice President & Senior Economist, Triple-I, wrote the following post.

Flood maps are used to identify and communicate a property’s exposure to flood. 

Flood maps rank exposure from lowest to highest by categorizing an area into a set of standardized flood zones, with each zone assigned its own flood exposure level. Flood exposure is normally expressed as a percentage representing flood frequency and/or severity over a specific number of years. This approach is similar to maps for other natural perils. 

The most commonly used flood map is FEMA’s nationwide flood map. There are also several high-quality flood maps from academia, non-profits and businesses, each providing added perspectives. These maps aren’t meant to be better than one another but rather, together, to provide a fuller understanding of the risks caused by floods to homeowners, businesses, and communities.

First Street’s flood map is an example of such maps: scientific, credible, and insightful in its contribution to the discussion about current and changing flood exposure. Its main insight, that flood risk and exposure may be higher than currently implied by FEMA’s or other maps, is not a controversial statement but rather adds to the growing consensus across flood experts that flood risk is increasing in frequency and severity nationwide as a result of extreme weather events. FEMA recommends reviewing its own flood map every year due to exposure changing over time. 

The main takeaway from flood maps for consumers and businesses is learning about their own relative exposure vis-à-vis other locations. Homeowners and businesses should use flood maps to better understand their current exposure and determine, for example, whether their property insurance is adequate or considering preemptive risk mitigation. 

Homeowners and businesses thinking about moving should look at these maps before deciding about where to go. Will they be more or less exposed to flood?  How will the new location’s flood exposure impact their mortgage, their insurance costs?

That said, while all flood maps provide insight into flood exposure, FEMA’s flood map remains different from others. As a government provided flood map, it is a countrywide benchmark for flood risk identification and quantification. It is used by different levels of government, regulators, first responders and insurance companies. For example, homeowners and businesses should know that a property’s location within a specific FEMA flood map zone is the sole benchmark for mortgage lenders requiring flood insurance in order to get a mortgage. 

For more about FEMA’s flood map see: www.floodsmart.gov/flood-map-zone/about

California Reports $1.2 Billion in Premium Refunds in Response to COVID-19

Insurers refunded $1.2 billion to California policyholders as of June 26, according to actuarial firm Perr & Knight.

The California Department of Insurance (CDI) ordered the refunds to drivers and businesses in the state affected by the COVID-19 emergency. The companies were required to file reports outlining the details of their response to COVID-19.

CDI recently made these reports public, and Perr & Knight,  which specializes in rate filings, published an analysis. Here are some key takeaways:

  • California’s reports have information on the number and percentage of policyholders affected. If the state is a guide, EVERY person with a personal auto insurance policy got a break on premiums, as well as millions of other policyholders, according to James Lynch, Triple-I’s chief actuary.
  • Private auto insurance customers received the largest share of the refunds – a little over $1 billion. Commercial auto customers received about $33 million in refunds, and workers compensation customers received $82.7 million.
  • Commercial multi-peril clients received $11.2 million, commercial liability $7.2 million and medical malpractice $10.3 million.

The reports also have data on payment deferrals (grace periods), which is something that has been underrecognized, in part because it was so hard to quantify.

Gauging Pandemic’s Impact on Insurers

While COVID-19’s impact on the insurance industry will require time to fully understand, litigation, legislation, and concerns about pricing and policy language will be with us for some time to come.

“Significant” changes in policy language seen

The majority of respondents to an Artemis re/insurance market survey believe the COVID-19 pandemic will result in “significant changes” to business interruption (BI) policy wordings.

In fact,  the U.K. Financial Conduct Authority (FCA) is conducting a review focused on obtaining legal clarity on policies connected to the pandemic and which claims are valid and which aren’t.

FCA’s Interim CEO Chris Woolard said recently that while some BI policies are paying out for virus-related issues, others remain “within dispute” due to ambiguities in their wordings.

Outside of the 67.6% who stated a belief that COVID-19 will drive “significant changes” in BI policy wordings, 21.6% expect a “moderate amount” of change, while the remaining 10.8% said the effect will be “limited.”

Loss estimates vary

The Artemis survey also shows 67% of respondents expect the industry to face between $80 billion and $100 billion of underwriting losses due to the pandemic. This is roughly in line with Lloyd’s of London’s earlier estimate of a $107 billion global industry impact.

But analysts from investment bank Berenberg said they believe global COVID-19 claims will be more manageable, estimating a range from $50 billion to $70 billion for the total bill. The analysts don’t specify whether this includes both life and non-life insurance claims from the pandemic, but they do point to the estimate from Lloyd’s of London as being too high.

“We estimate $50-70bn for global COVID-19 claims,” Berenberg’s analysts state. “Significantly less than the $107bn estimate reported by the Lloyd’s of London market estimate on 14 May.”

Las Vegas Hospitality Union Sues Employers

Las Vegas Culinary Workers Union Local 226 is suing several employers on the Las Vegas strip over unsafe working conditions during the coronavirus pandemic, Business Insurance reported.

The union, representing 60,000 workers, said in a statement it is asking for injunctive relief under the Labor-Management Relations Act based on the “hazardous working conditions” workers face.

The lawsuit alleges casino hotels have not protected workers, their families, and their community from the spread of COVID-19 and that current rules and procedures in place for responding to workers contracting COVID-19 have been “wholly and dangerously inadequate.”

The Culinary Union made a number of requests for policy changes, including daily cleaning of guest rooms, mandatory testing of all employees for COVID-19 before returning to work and regular testing thereafter, adequate personal protective equipment for workers, and a requirement that guests wear face masks in all public areas.

Best Warning on COVID-19 Workers’ Comp Laws

Insurance rating agency A.M. Best has warned that legal efforts in several U.S. states to expand workers’ compensation coverage to allow employees to claim for COVID-19 will have a negative impact on re/insurers, Reinsurance News reports.

The crisis has resulted in many employees now working from home, but a significant part of the workforce still needs to be present and public facing, and this is the group new state laws aim to support. For these workers, some states are looking to shift the burden to the insurer to prove that an employee contracting COVID-19 did not do so while on the job.

“This shift in the burden of proof could lead to significant additional losses to a segment already under pressure and result in increased reserve estimates and higher combined ratios,” A.M. Best said.

Given that assumptions used in pricing and actual loss emergence diverge significantly, these legislative changes will result in an increase in loss estimates and could affect earnings.

Businesses Ask Patrons to Waive Right to Sue

As businesses reopen across the U.S. after coronavirus shutdowns, many are requiring customers and workers to sign forms saying they won’t sue if they catch COVID-19, Associated Press reported.

Businesses fear they could be the target of litigation, even if they adhere to safety precautions from the Centers for Disease Control and Prevention and state health officials. But workers’ rights groups say the forms force employees to sign away their rights should they get sick.

So far, at least six states — Utah, North Carolina, Louisiana, Oklahoma, Arkansas and Alabama — have such limits through legislation or executive orders, and others are considering them. Business groups such as the U.S. Chamber of Commerce are lobbying for national liability protections.

Insurance Careers Corner: Q&A with Mary Jo Hudson, Squire Patton Boggs

Triple-I’s “Insurance Careers Corner” series was created to highlight trailblazers in the insurance industry and to spread awareness on the career opportunities within the industry.

This month, Kris Maccini, director, social media, Triple-I, interviewed Mary Jo Hudson, Partner, Squire Patton Boggs who provided insights about her career trajectory, LGBTQ+ support in the workplace, and implications for LGBTQ+ professionals following the recent Supreme Court ruling that the Civil Rights Act protects gay and transgender Americans from workplace discrimination.

Name: Mary Jo Hudson

Current Role: Partner, Squire Patton Boggs

Years at Firm: 3 years

Tell me about your current role and work at the law firm Squire Patton Boggs

I’ve been at Squire just over three years, and I lead the U.S. Regulatory practice as part of our Global Financial Services Practice Group. Our group includes several former senior insurance regulators [including myself] and several former insurance company general counsel and experienced litigators. We represent insurance companies in transactional market product issues, provide strategic advice on regulatory matters, and work with trade associations and professional associations on top regulatory issues. I particularly enjoy our thought leadership efforts – writing content as litigation experts on insurance regulations.

Prior to your time at Squire Patton Boggs, you served at the Ohio Dept of Insurance. What was your role there and what attracted you to the regulatory side of the industry?

I did two ‘tours of duty’ at the Ohio Department of Insurance. During my first ‘tour of duty,’ I was a staff attorney and then a general counsel of the Ohio Liquidation Office. We had several liquidation estates, and I was the only attorney in that office. Eventually, I went back to private practice and got involved in local politics – returning for my second “tour” as the Director and a member of the Governor’s cabinet. I’ve been out of the Department of Insurance for about 10 years now.

When I was Insurance Director – it was just prior to the Affordable Care Act – my governor had all his administration’s health reform efforts based at the Insurance Department. I was an officer of the Insurance Compact all four years of my service, and I also worked actively on numerous National Association of Insurance Commissioners (NAIC) committees and task forces, including serving on the Executive Committee and EX-1.

It was a great learning experience. Insurance regulation brings together a mix of legal and public policy together with complex financial services issues. I find the multi-jurisdictional structure to be unique and fascinating.

We’re in a time where it’s still challenging for women to make ‘Partner’ at leading firms. What has led to your success and what advice can you give to other women looking to achieve similar goals?

I love what I do. I work with great clients and try to deliver the best services that I can. Law practice – especially at a larger firm – is always a challenge, and I try to learn and grow. When I talk to younger lawyers, I tell them that when doors seem to close there are a lot of windows that open. Don’t try to force things that aren’t meant for you – continue to work hard and watch for those opportunities to come as a result of that work.

It’s still a challenging profession and industry to be a woman – particularly the higher up that you go. I’ve been an open member of the LGBTQ+ community for 30 years.  I’ve found that it’s sometimes easier to be a member of the LGBTQ+ community than it is being a woman. The gender issues are somehow larger.

I remember as a young lawyer a partner once told me ‘Don’t go into regulatory work. That’s women’s work and it’s not valued.’ Regulatory is where I excel – but that work is not always valued – unless you remind colleagues about its foundational value with respect to transactions and litigation. You learn to pick your battles wisely and push where it’s needed.

Your firm has a commitment to diversity & inclusion – recognized in 2019 as one of the ‘Best law Firms for Women’ and in 2017 as a ‘Top Firm in Diversity’. Can you talk about some of the programs Squire Patton Boggs has in place to create opportunities and foster inclusion for LGBTQ+, women, and minorities?

There is a dedication at the top on diversity & inclusion, and it permeates throughout the office. The firm has worked hard to elevate women into leadership roles. Squire continues to do the work to be self-reflective and improve on our efforts.

Efforts are also focused on connections and relationships. These relationships generate business development. Our LGBTQ+ programs allow for connections with colleagues at other offices, which has led to new work for us all.

Squire has a 100% rating for the Human Rights Campaign Corporate Equality Index. It’s important and a good leadership statement – involving employment policies, benefits, and a concerted effort on hiring a diverse mix of candidates. I’ve been involved in the hiring process to ensure that our next generation of lawyers is even more diverse.

As a member of the LGBTQ+ community, what challenges have you faced throughout your career?

I’ve always found that I had to work hard to get to advance, but I’ve always tried to be my authentic self. I was never good at being closeted. I’ve been out since the early 90s. I did find job mobility difficult, and it was tough to move from state to private practice. I had to be patient. I took a winding route professionally, instead of a direct route, combining public service, social justice service and private practice. During that time, I was very active nationally in the LGBTQ+ movement. I served on a several boards and in leadership for the Human Rights Campaign national board. This work helped me develop personally and professionally, including some great board experience.

In public service and local board service, I had a lot of what I called ‘Lady Godiva moments’ where I was often the only openly LGBTQ+ person in the room. I remember going to community events as an elected official and people [in the room] had never met anyone who was gay. I spent time listening and learning about what was going on in their neighborhoods and lives. I developed a reputation for being hard-working, and it was all about being a good public official and a good human being – less about sexual orientation.

Has recent support [for LGBTQ+] in the financial services, legal, and insurance industries eased any challenges for the community?

I do see a lot more support. Some businesses struggle with how to translate support that into the workplace. It’s an interesting perspective to work with different companies. Some do a good job at ‘getting’ diversity and inclusion. We’re still in a very conservative industry. Some companies don’t have any diversity at all. I see it growing, but there’s a gap between large companies and companies based in metropolitan areas and some companies that are smaller or mid-range. It may be a resource limitation or location. These companies need to make a concerted effort to build diversity.

The insurance industry needs to take the lead on making a multi-year commitment to getting diversity right, or they won’t be in touch with the next generation of customers.

What are your thoughts on the landmark Supreme Court decision protecting LGBTQ+ professionals from job discrimination? What do you think are the broader implications for this ruling and how it will impact the workplace?

I did not think I would see a ruling like Bostock in my lifetime. Over the years, I would read court decisions and employment discrimination cases on LGBTQ+ and the logic was so twisted against the plaintiffs. I didn’t know how we would get past that intolerance. The Bostock decision is a signal that the social justice and education work of the last 30+ years has made a difference – but we’re not done. It is a turning point to make changes for workplace and public policies on sexual orientation and gender identity.

It’s a groundbreaking decision around gender identity discrimination, which has not been discussed nearly as much as discrimination based on sexual orientation. The issues of the trans community [historically] have been treated separately. It took education and a couple of generations to help define and integrate the movements. I think it’s terrific that of the cases in Bostock, the claims of discrimination based on gender identity and the claims based on the sexual orientation discrimination were so both addressed rather than split.

Where we will still have challenges – the next generation is more gender fluid. The decision  breaks down some barriers, but now we’ll need to address those issues around gender fluidity as well. Ultimately, we’ll have to work on how the individuals of our next generation can be their best authentic selves to work and to the community.

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