Executive Summary
The insurance industry must be transparent about its litigation crisis. Nuclear verdicts, social inflation, and judicial activism have driven unprecedented litigation costs. Insurers struggle to fulfill their mission: offering insurance that is available and affordable.
There are countless recent industry authorities calling the insurance industry to adopt the Litigation Data Standard. Industry experts routinely advise insurers to adopt a Litigation Data Standard. Florida passed historic legal system reforms after promulgating a Litigation Data Standard. Industry critics have (currently) had the last word with the National Association of Insurance Commissioners, arguing the industry does not have the litigation data to support its positions on social inflation. Most troubling, insurers have watched on as plaintiffs’ attorneys use their Litigation Data Standard to take an overwhelming advantage in courtrooms across the US.
Many of the most quintessential legal authorities also support the industry’s adoption of the Litigation Data Standard. The Duty to Defend requires insurers to offer insureds with competent legal counsel. There are several applicable regulations requiring insurers to be reasonable in their claims litigation defense. The regulations’ framing of ‘reasonableness’ varies – including claims handling rules, consumer protection, attorney ethic codes, and data privacy – but insurers must at least have an objective basis of reasonableness.
The Paper begins with a summary of the Litigation Data Standard, the authorities requesting compliance, and the benefits to the leading claims litigation philosophy: Litigation Resolution.
The Paper goes on to provide a survey of the authorities supporting the requirement of a Litigation Data Standard.
Many insurers have not yet taken the first step in slowing this rapid decline – the adoption of the Litigation Data Standard.
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(1) Why publish the CaseGlide Policy Paper now?
The industry needs to adopt the Litigation Data Standard in 2025 to take the first step in leveling the scales of justice in claims litigation.
Commercial auto and Florida property insurance litigation crises show that US insurance lines of business have two boundaries: when insurers can no longer predict the cost of litigation, and when insurance is no longer affordable or available.
The scales of justice are being slammed by gavels across the United States as plaintiffs attorneys make rapid advancements in advertising, AI, litigation funding, and coordination.
As is highlighted in Transforming Litigation Management to Litigation Resolution, the Litigation Data Standard has been used on Offense by leading insurers to transform their litigation departments through automation, specialization, and data.
As discussed in Election 2025: The Politics of a National Litigation Crisis, not everyone in the industry has adopted the core competency of Litigation Resolution. As a result, these insurers have yet to take the first step in advocating for reform: data. These insurers may not be able to achieve all of the benefits of a Litigation Data Standard immediately like others have; nonetheless, these insurers still owe a duty to the premium-paying citizens to be able to quantify the impact litigation is having on their premiums. For these insurers, a Litigation Data Standard is a Defense to take the first step in 2025 to obtain legal system reform before its too late.
(2) What is the Litigation Data Standard?
It’s a best practices data set and framework for creating uniformity in how litigation data is collected, reported, and analyzed across the insurance industry. By establishing this standard, we eliminate the guesswork, reduce inefficiencies, and build a shared language that allows insurers, courts, and stakeholders to address litigation challenges systematically. The Litigation Data Standard is provided in the CaseGlide Policy Paper and can be obtained by subscribing to this podcast.
(3) How does a Litigation Data Standard lead to National Legal System Reform?
As Florida exemplifies, transparency is the key. With standardized data, we can finally expose the inefficiencies and waste plaguing the legal system. It clarifies which aspects serve the public good and which simply inflate legal costs, empowering stakeholders to make targeted reforms that enhance justice while cutting unnecessary expense. The CaseGlide Policy Paper and Election 2025: The Politics of a National Litigation Crisis provide further insights into how the Litigation Data Standard catalyzes national litigation reform.
(4) What if the industry doesn’t support the Litigation Data Standard?
Florida’s property insurance crisis and the trucking industry's struggles with commercial auto premiums are cautionary tales. Without standardization, the system becomes unaffordable and unsustainable. Insurers face higher costs, businesses lose access to coverage, and everyone—including the litigation economy as Guy Fraker so eloquently coined—suffers.
(5) What other benefits does a Litigation Data Standard have for insurers?
It’s transformative. By Transforming Litigation Management to Litigation Resolution, insurers gain clarity on what works, and the tools to change. We can pinpoint successful processes, automate them, and identify top performers to reward their impact. It’s about shifting from reactive to proactive—building a smarter, more efficient litigation strategy that saves time, money, and resources.
Wesley Todd
Wesley Todd
CEO, CaseGlide
About CaseGlide:
Insurance companies and insurance defense law firms partner with CaseGlide’s software and services to implement and optimize Litigation Resolution through simplified litigation processes, enhanced transparency, and expert services. CaseGlide supported insurers in Florida in leveling the scales of justice against plaintiffs’ attorneys and obtaining historic legislative reform. CaseGlide’s READY program leverages CaseGlide’s experts and software to empower insurers to satisfy the Litigation Data Standard, thereby catalyzing Executive Litigation Dashboards, expert automation, and Insurance Offense case strategies.
About Litigation Resolution:
The Litigation Data Standard is not only the prerequisite to litigation reform, it’s also the first step in complying with best practices claims litigation processes found in Litigation Resolution. A Litigation Data Standard enables insurers and to simplify the litigation process and monitor and control the performance of their litigation department.
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