Claims Resolution, Management & Social Inflation Containment

Claims Strategies that Cut Risk and Control Costs

In addition to litigating coverage cases, Hinshaw assists insurers in evaluating claims and coverage issues, ascertaining and limiting exposure, and resolving coverage disputes outside at the claims stage through negotiation, mediation, and arbitration.  We provide sound coverage analysis and legal opinions, reflecting the intent and effect of policy language, the governing law, the applicable claim specific facts, and litigation realities.  Many leading insurers are institutional clients of the firm and look to Hinshaw to protect their portfolio and business interests.

Insurers are facing unprecedented challenges from:

• Social inflation
• Nuclear and mega-nuclear verdicts
• Litigation funding
• Anti-insurer animus
• Anti-corporate and anti-institution bias
• Reptilian and evolving litigation tactics resulting in rising claims disposition costs

Social changes coupled with factors endemic to the United States tort litigation system have resulted in social inflation on steroids, increasing claims resolution challenges and costs substantially.

Hinshaw lawyers help insurers stay ahead of these challenges by providing strategic claims management and resolution services designed to mitigate risk, control costs, and protect long-term business interests.  Our lawyers work closely with insurers across all lines to resolve claims efficiently through early evaluation, negotiation, ADR, and litigation.

Aligning Proactive Legal Solutions with Business Priorities

We provide proactive counsel to strengthen claims handling protocols, improve reserving practices, and identify potential exposures before they escalate. By combining legal insight with practical business strategies, we assist insurers in managing claims portfolios effectively and reducing the impact of social inflation on their bottom line.  We provide more than legal analysis, we help insurers develop claims strategies aligned with financial, operational, and reputational priorities.

We assist insurers with:

• Early evaluation and identification of problematic claims
• Prompt settlement
• Mediation
• Arbitration
• Litigation strategies to achieve timely, cost-effective outcomes

We understand the drivers of social inflation and work with insurers to craft innovative strategies to limit exposure to runaway jury awards.  We have experienced lawyers with the knowledge and skills set to counter reptilian and other strategies employed by the creative and well-funded plaintiffs’ bar.  We distinguish between the elements of social inflation in which the insurers’ and policyholders’ interests are aligned and the areas in which they diverge and work to eliminate or contain exposures. 

We work collaboratively with claims professionals, underwriters, and senior executives to identify efficient resolution paths, to ensure consistency, and to protect the insurers’ interests. Our attorneys audit files and review claims handling procedures and practices to identify risk factors and advise on best practices. 

We advise insurers on billing and litigation management protocols, litigation budgets, cost allocation, and evaluation of defense counsel performance.