COLUMBUS, Ohio, Aug. 1, 2024
/PRNewswire/ -- Incorporated in 1985, Demotech, Inc. (Demotech) is
a leading financial analysis firm serving the Property and
Casualty, Life and Health, and Title insurance sectors. In
July 2022, Demotech became the tenth
firm to be registered with the U.S. Securities and Exchange
Commission as a nationally recognized statistical rating
organization (NRSRO) in the class of insurance companies, joining
AM Best, Fitch, Moody's, and Standard & Poor's.
While proud of this significant milestone, Demotech's 2022
discovery of a covert practice by unscrupulous lawyers targeting
insurers marks a defining moment. Demotech research conducted with
Todd Kozikowski exposed troubling
trends that we are comprehensively detailing today.
We observed a sharp rise in claims litigation against certain
insurers that had ceased writing new business, shed policies, or
reduced underwriting. The growth exceeded what was expected due to
rampant lawyer advertising, prompting us to engage Mr. Kozikowski,
an expert in data analytics and artificial intelligence, to explore
the potential role of technology in this phenomenon.
Our research revealed the "tech-enabled claim instigation"
business model: a combination of search engine optimization (SEO),
litigation marketing, litigation analysis platforms, and litigation
financing aimed at originating contested claims. The model heavily
targets the transportation and logistics sector and commercial
automobile liability insurance providers.
The Impact of Tech-Enabled Claim Instigation on Supply Chains
and Transportation
Commercial auto liability insurers identify "nuclear verdicts"
and "social inflation" as major contributors to deteriorating
operating results. Demotech believes the targeting of insurers and
trucking companies is a major cause. A review of countrywide
commercial automobile liability claim counts from 2014 to 2023
revealed significant trends, as shown in the chart below.
Commercial Auto Liability Insurance Claims
Percent of Total Claims Reported At Twelve Months
*Source: Demotech research. Aggregate industry data from
filings by insurers reporting to the National Association of
Insurance Commissioners (NAIC), provided by S&P Global.
- Declining Percentage of Claims Closed with Payment (blue
line): The quicker a claim is closed, the less it costs. A
declining trend in quick settlements means rising claim costs in
commercial automobile liability.
- Rising Percentage of Claims Closed Without Payment (gray
line): While appearing to be favorable at first glance, this trend
indicates increased defense costs for insurers, likely due to the
scaling and economies of using litigation platforms to crate and
file contested claims.
- Increasing Percentage of Claims Outstanding (orange
line): More human and financial resources are required to settle
these claims – even those that don't result in indemnity – further
straining insurers and self-insured entities.
Saturation by an increasing number of litigated claims can
overwhelm limited resources of state judicial systems, benefiting
opportunists, as prolonged settlements result in higher costs.
Further evidence of the impact of tech-enabled claim instigation
on the transportation and logistics industry is seen in the online
targeting of specific companies by multiple entities seeking to
instigate contested claims.
Schematic of Opportunist Attacks on the Transportation and
Logistics Industry*
*Based on findings from Demotech research. Chart courtesy of
4Warn, Inc.
The size of each bubble in the chart indicates the scope of a
specific opportunist's online presence relative to the other
opportunists reviewed. The size of a targeted entity within a
bubble represents the entity's degree of targeting by the
opportunist.
The diagram below highlights key discoveries of Demotech
research relative to an individual supply chain logistics
company.
Sample Scope of Opportunistic Targeting of a Transportation
and Logistics Company
Conclusion
Demotech and Todd Kozikowski
uncovered the existence of a scandalous nationwide business model
that leverages search engine optimization, litigation financing,
and marketing to use AI capabilities of litigation platforms to
generate contested claims. This tech-enabled claim instigation
drives social inflation and nuclear verdicts, making insurance less
available and affordable. Its ill-gotten profits encourage ever
more litigation, exacerbating the underwriting cycle and pricing
challenges for insurance buyers in the transportation and logistics
sector.
Absent effective responses by targeted insurers, tech-enabled
claim instigation will continue to escalate, fostering more
litigation financing in an endless cycle. Demotech is proud to be
the only rating agency to connect the dots of litigation platforms,
SEO, litigation marketing, litigation financing, and rising
litigation frequency.
Understanding these factors allows for better risk management
and protection for Demotech-rated insurers serving the
transportation and logistics sector, safeguarding their customers
and shareholders.
About Demotech, Inc. (www.demotech.com)
Demotech, Inc. is a financial analysis firm specializing in
evaluating the financial stability of regional and specialty
insurers. Since 1985, Demotech has served the insurance
industry by assigning Financial Stability Ratings® (FSRs).
Demotech's philosophy is to review and evaluate insurers
based on their area of focus and execution of their business model
rather than on financial size. Demotech was the first to
review and rate independent regional and specialty Property and
Casualty insurers. Demotech's consistently expanding list of
accreditations and acceptances has resulted in rating and reviewing
460 insurers operating in the US. As of July
11, 2022, Demotech, Inc. is registered with the U.S.
Securities and Exchange Commission as a nationally recognized
statistical rating organization (NRSRO) in the class of ratings for
insurance companies.
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SOURCE Demotech, Inc.