CSAA Sees 2026 Shift in Litigation Finance Fight
A senior legal executive at CSAA Insurance Group has signaled what she describes as a potential turning point in the long-running conflict between insurers and the litigation finance industry. Speaking amid heightened political and regulatory scrutiny of third-party funding, the comments reflect growing confidence among insurers that momentum is shifting in their favor after years of unsuccessful pushback.
An article in Insurance Business reports that CSAA’s chief legal officer argued that 2026 could mark a decisive phase in efforts to rein in litigation finance, citing increasing legislative interest and judicial awareness of the role funding plays in driving claim frequency and severity. According to the article, CSAA views litigation funding as a key contributor to social inflation, a term insurers use to describe the rising costs of claims driven by larger jury verdicts, expanded liability theories, and aggressive litigation tactics.
The executive pointed to a wave of proposed disclosure rules and transparency initiatives at both the state and federal levels as evidence that lawmakers are taking insurer concerns more seriously. These proposals generally seek to require plaintiffs to disclose whether a third-party funder has a financial interest in a case, a reform insurers argue is necessary to assess conflicts, settlement dynamics, and the true economics of litigation. While many of these measures remain contested, CSAA appears encouraged by what it sees as a shift in tone compared to previous years.
The article also highlights the broader industry context in which these comments were made. Insurers have increasingly framed litigation finance as a systemic risk rather than a niche practice, linking it to higher premiums, reduced coverage availability, and increased volatility in underwriting results. Litigation funders, for their part, continue to argue that funding expands access to justice and that disclosure mandates risk revealing sensitive strategy and privileged information.
