A report variety of payments concentrating on third-party litigation funding are into consideration throughout the USA, with Georgia and Kansas already passing disclosure measures, based on an evaluation by Insurance coverage Insider.
The U.S. Authorities Accountability Workplace defines third-party litigation funding as “an association through which a funder who is just not a celebration to the lawsuit agrees to assist fund it.” International multi-billion-dollar investing companies have made it their sole or main enterprise and are experiencing robust development. As a result of the market lacks transparency, estimates on its dimension can fluctuate however, based on Swiss Re, greater than half of the $17 billion invested into litigation funding globally in 2020 was deployed in the USA. Swiss Re estimates the market will likely be as excessive as $30 billion by 2028.
In the meantime, affordability of insurance coverage protection – particularly for business auto merchandise – has come beneath risk from will increase in litigation and declare prices. The nationwide surge in laws searching for to rein on this observe displays rising issues about its lack of transparency and undue affect of litigation financing by dark-money traders – lots of them outdoors the USA.
Thirty-five separate payments have been launched in U.S. statehouses to date this 12 months. The Kansas invoice was signed into regulation by Gov. Laura Kelly, and the Georgia invoice is predicted to be signed by Gov. Brian Kemp. Comparable laws is advancing by means of numerous committees in Arizona, California, Massachusetts, New Jersey, and Oklahoma and have been proposed in additional than two dozen different states.
The efforts will not be solely progressing on the state stage. The U.S. Home of Representatives is advancing HR 1109 – The Litigation Transparency Act of 2025 – which might regulate third-party litigation funding in federal courtroom instances. An identical invoice was launched in 2024 however didn’t advance out of committee.
Third-party litigation funding is only one facet of the bigger difficulty of authorized system abuse that contributes to challenges associated to property/casualty insurance coverage availability and affordability.
Be taught Extra:
Indiana Joins March Towards Disclosure of Third-Get together Litigation Funding Offers
IRC Research: Public Perceives Impression of Litigation on Auto Insurance coverage Claims
Florida Payments Would Reverse Progress on Pricey Authorized System Abuse
Georgia Targets Authorized System Abuse
Louisiana Reforms: Progress, However Extra Is Wanted to Stem Authorized System Abuse
