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A Radical Idea: What if We Restructured the Insurance Industry for the Public Good?

By Reid Zeising |

The following was contributed by Reid Zeising, CEO & founder of Gain.

Health insurance and third-party liability insurance are public goods, yet the insurance industry is structured on a for-profit model, which focuses on increased profits and shareholder returns, often over the needs and welfare of policyholders and claimants. Today’s largest insurers, especially third-party liability carriers, reap over $100 billion in annual profits, [1] while premiums and costs are on the rise for those depending on the policies that they issue for their financial protection. The insurance industry has a moral responsibility and a duty as a corporate citizen to prioritize its policyholders and claimants. By transitioning to a public utility model, the industry can refocus its priorities without jeopardizing liability carrier’s needs to cover operating costs and pay shareholder returns. By thinking like – and actually being – a public utility, insurers can fulfill their duties as a provider of an essential public good without imperiling their own financial health.

Transitioning to a Public Utility Model

The insurance industry predominantly operates on a for-profit model, emphasizing profit maximization[2] and shareholder returns.[3] This model, however, often neglects the welfare of policyholders and claimants.[4] It also does not reflect the reality that health insurance and third-party liability insurance are public goods. A public good is a benefit or service that should be available to all citizens and that ultimately contributes to the wellbeing of society as a whole.[5] One proven and effective model for delivering public goods is the public utility company, which is privately owned by investors, but committed to the provision of public good. A public utility company oversees essential services, ensuring their accessibility, reliability, and affordability.[6] By restructuring third-party liability carriers along these lines, we can elevate the role of insurance carriers from profit-centric entities to institutions focused on consumer welfare.[7] Similar to utilities, carriers could receive a fixed, reasonable return,[8] enabling investments in increased technology and efficiencies and sustainability while preventing the accumulation of excessive profits at the expense of policyholders.

Benefits of the Public Utility Model

Enhanced Payouts: Transforming the current model would necessitate that carriers pay out all remaining premiums to claimants, after covering operational costs, guaranteed returns and dividends. This fundamental change would translate to increased payouts for claimants, alleviating their financial burden and ensuring adequate compensation. This contrasts with the present situation, where substantial portions of premiums are often reserved for investments and increased profit margins, limiting the resources allocated to claimants. The Affordable Care Act sought to cap profits by mandating that health insurance companies could spend no more than 20 percent of revenue from premiums on administrative costs, marketing, and profits. However, insurers have skirted these rules by increasing overall costs and raising premiums, boosting revenues.[9] Therefore, further reform, along the lines proposed here, is needed.

Industry Shift to Public Good: By orienting the industry towards the welfare of policyholders and the larger community, we can establish a new standard of corporate responsibility within insurance carriers. This alteration fosters a climate where the pursuit of public good[10] becomes inherent, eclipsing the erstwhile emphasis on profit maximization. Under this paradigm, carriers become stewards of societal welfare and financial responsibility, ensuring equitable distribution of resources and safeguarding policyholder interests.[11]

Policyholder Centric: In this reimagined model, policyholders would be the primary beneficiaries, receiving enhanced protections and services. This framework mandates a focus on policyholder needs and aspirations, catalyzing the development of consumer-centric policies and practices. Additionally, the compulsory dividend payouts would ensure that policyholders receive tangible, financial benefits, contributing to economic stability and welfare.

A More Equitable Economy: The proposed transition has profound economic implications, marking a departure from purely capitalistic orientations to a more balanced, equitable economic structure. The substantial increase in payouts would stimulate consumer spending and economic activity, while the emphasis on public good would promote social cohesion and mutual responsibility. Moreover, this shift would mitigate the socioeconomic disparities[12] emanating from the current profit-driven model, fostering a more inclusive and equitable economic environment.

Redefining the Insurance Industry

The transformation of the insurance industry — particularly third-party liability carriers – into a public utility model is a radical yet necessary step towards creating an equitable and consumer-oriented industry. By guaranteeing returns and mandating the allocation of remaining premiums to claimants, we can ensure the industry serves the public good and prioritizes policyholder welfare. This transition is not merely a structural adjustment; it symbolizes a philosophical shift, redefining the purpose and responsibilities of insurance carriers in a way that recognizes that third-party liability insurance carriers are essential public goods. This revolutionary approach promises increased payouts, enhanced policyholder benefits, and a collective pursuit of societal well-being. The pivot from a profit-centric paradigm to a model centered on public welfare, where the interests of consumers are placed above unchecked profit accrual. In the long term, this alteration can be a catalyst for more claims being paid and funds being utilized for the purposes they were intended.  Insurance is in place to reimburse those who have suffered through no fault of their own, and a utility model can assure that more monies are paid to consumers and less goes into the coffers of companies beyond what is needed to service these portfolios.


[1] “Visualizing the 50 Most Profitable Insurance Companies in the U.S.,” HowMuch.net, https://howmuch.net/articles/top-50-most-profitable-us-insurance-companies-2020. Data is based on Fortune 500 listings.

[2] Elisabeth Rosenthal, “Insurance policy: How an industry shifted from protecting patients to seeking profit,” Stanford Medicine Magazine, May 19, 2017, https://stanmed.stanford.edu/how-health-insurance-changed-from-protecting-patients-to-seeking-profit/.

[3] Nathalia Bellizia, Davide Corradi, and Jürgen Bohrmann, “Profitable Growth Is King: The 2022 Insurance Value Creators Report,” Boston Consulting Group, September 2, 2022, https://www.bcg.com/publications/2022/insurance-total-stakeholder-return-value-creation-report/.

[4] Rosenthal, “Insurance policy.”

[5] National Consumer Law Center, Access to Utility Service, 6th ed. 2018, 1.1.5, www.nclc.org/library; Jason Fernando, “What Are Public Goods? Definition, How They Work, and Example,” Investopedia, March 20, 2022, https://www.investopedia.com/terms/p/public-good.asp.

[6] David E. McNabb, “Chapter 1: Public utilities: essential services, critical infrastructure,” in Social and Political Science 2016, October 28, 2016, 3-18, Elgar Online, https://www.elgaronline.com/display/9781785365522/chapter01.xhtml.

[7] Jonathan D. Washko, “It’s Time to Resurrect the Public Utility Model Concept–But This Time for Healthcare,” Journal of Emergency Medical Services, October 18, 2017, https://www.jems.com/news/it-s-time-to-resurrect-the-public-utility-model-concept-but-also-for-healthcare-this-time/.

[8] McNabb, “Chapter 1: Public utilities: essential services, critical infrastructure.”

[9] Marshall Allen, “Why Your Health Insurer Doesn’t Care About Your Big Bills,” NPR, May 25, 2018, https://www.npr.org/sections/health-shots/2018/05/25/613685732/why-your-health-insurer-doesnt-care-about-your-big-bills.

[10] Samuel S. Flint, “Public Goods, Public Utilities, and the Public’s Health,” Health & Social Work, Volume 36, Issue 1, February 2011, 75–77, https://academic.oup.com/hsw/article-abstract/36/1/75/659133?redirectedFrom=PDF.

[11] Carter Dredge and Stefan Scholtes, “The Health Care Utility Model: A Novel Approach to Doing Business,” NEJM Catalyst, July 8, 2021, https://catalyst.nejm.org/doi/full/10.1056/CAT.21.0189.

[12] Samuel L. Dickman, David U. Himmelstein, and Steffie Woolhandler, “Inequality and the health-care system in the USA,” America: Equity and Equality in Health 1, The Lancet, April 8, 2017, Volume 389, 1431-1441, https://www.thelancet.com/pb/assets/raw/Lancet/pdfs/US-equity-and-equality-in-health-1491475717627.pdf.

About the author

Reid Zeising

Reid Zeising

Commercial

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AALF Announces Completion of Template Insolvency Litigation Funding Agreement

By Harry Moran |

One of the common talking points at industry events is the need for increased standardisation in legal funding, with a set of agreed upon best practices often viewed as an important step forward for the maturation of the industry.

In a post on LinkedIn, The Association of Litigation Funders of Australia (AALF) announced that it has created and released a Template Insolvency Litigation Funding Agreement. AALF explains that the template is designed ‘to optimise efficiency for lawyers and insolvency practitioners involved in funded insolvency litigation’, providing a practical industry baseline for the use of such funding agreements in Australia. 

The ‘insolvency claim funding deed’ template as shown in the announcement offers a basic layout for the details of the funder, claimant, insolvency practitioner, and lawyers. The deed structure then outlines the following four key components that the deed will be comprised of: commercial terms, funding deed – general funding terms, definitions, and three annexures. The annexures include an insolvency practitioner’s report, a lawyer’s report, and a payment claim report for other funded costs.

AALF expressed its thanks to its members who contributed to the completion of this template with special thanks to the following individuals: Frances Dreyer (Johnson Winter Slattery), Doug Hayter (Ironbark Funding), Heather Collins GAICD (Court House Capital), Stuart Price (CASL), Lisa Brentnall (Clover Risk Funding), John Walker (CASL), Michelle Silvers (Court House Capital), and Kelly Trenfield (FTI Consulting).

The template can be viewed here, and AALF encourages any parties interested in using this resource to contact them.

International Legal Finance Association Adds Certum to Mark 30 Member Companies

By Harry Moran |

The International Legal Finance Association (ILFA), the only global association of commercial legal finance companies, announced that it has added its 30th member company to the association –Certum Group. 

Certum Group specializes in comprehensive alternative litigation strategies, such as litigation buyout insurance, judgment preservation insurance, litigation funding, class action settlement insurance, adverse judgment insurance, and claim monetization. The Texas-based Certum Group team includes litigation and insurance professionals along with risk mitigation specialists. 

“We are delighted to join ILFA and help it engage with policymakers interested in litigation finance,” said William Marra, a Director at Certum Group who leads the company’s litigation finance efforts. “Funding helps people and companies with strong legal claims get better access to the courts. We are excited to work with IFLA and ensure policymakers continue to encourage rather than restrict companies’ access to commercial legal finance.” 

“We’re delighted that Certum is joining ILFA’s growing membership”, said Rupert Cunningham, ILFA’s Global Director of Growth and Membership Engagement. “Certum already provides a lot of thought leadership on litigation funding and other matters, and they will make a great addition to ILFA’s work to support the sector in the US and globally.” 

About the International Legal Finance Association   

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. 

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official.

How to Build — and Sustain — a Powerhouse Legal Team

The following was contributed by Richard Culberson, the CEO North America of Moneypenny, the world’s customer conversation experts, specializing in call answering and live chat solutions.

Teams have the power to deliver sharper results, better service, and greater resilience. But how can we turn collaboration into a powerhouse — and keep it going?

As someone who leads a fast-paced customer conversations business, I know firsthand how critical strong teamwork is to delivering excellence, building trust, and staying competitive. While I don’t lead a law firm, I work closely with legal professionals across North America every day — and I’ve seen that the principles behind high-performing teams apply just as much in the legal sector as they do in tech.

At Moneypenny, we support thousands of law firms by providing virtual receptionists, client communication tools, and 24/7 support — so we understand the pressures legal teams face: high stakes, fast turnarounds, and a growing expectation for more responsive, more efficient service.

So, here’s the big question: how do you transform teamwork from something that gets things done to something that drives sustained excellence? 

Defining a Powerhouse Legal Team

We’ve all heard the phrase, “teamwork makes the dream work.” But in reality, that only holds true when the team is built and supported in the right way.  What really makes the difference is a powerhouse team – one that doesn’t just meet expectations but shapes them.

A legal team, like any tech or ops team is made up of specialists - attorneys, paralegals, and support staff. It's a collaborative unit aligned toward shared client outcomes — whether that’s winning a case, closing a deal, or shaping legal strategy. A powerhouse legal team, however, takes this a step further. It consistently delivers excellence, anticipates client needs, and influences firm-wide success.

This could be the litigation team that wins precedent-setting cases. The M&A group that closes complex deals under pressure. Or the in-house counsel team that protects and propels business strategy. Whatever the mission, a powerhouse team lead sthrough several key building blocks, and in my experience, they’re universal to all industries.

The Seven Pillars of a Powerhouse Team (Legal or Otherwise)

So, how do you build that level of excellence? It starts with people — the right people. In legal services, your people are your greatest asset. But it’s not just about legal acumen. They must align with your firm’s culture, values, and long-term vision.

Then, you build on these seven pillars:

1. Strong Legal Leadership

Every successful team needs a leader who can inspire and set a strategic course. Whether it’s a senior partner, practice head, or general counsel, their job is to elevate the team’s performance, foster a culture of accountability, and ensure alignment with both client goals and firm direction. Great leaders don't micromanage — they empower.

2. Shared Goals and Legal Vision

Powerhouse teams are unified by clear, shared goals. Everyone knows what success looks like and what’s expected of them — whether that’s billable hours, client feedback, or innovation in legal service delivery. When the entire team rallies around a common vision, alignment and momentum follow.

3. Diverse and Complementary Legal Expertise

No team succeeds when everyone brings the same strengths. The best-performing teams I’ve built include a mix of strategists, problem-solvers, doers and deep thinkers. The same principle applies in legal settings. Legal excellence requires more than technical brilliance in one area. It demands a combination of skills across disciplines. A litigation team thrives when trial lawyers, legal researchers, and case managers work seamlessly. In a corporate team, dealmakers, compliance professionals, and contract experts must collaborate. And just as important as functional skills is diversity of thought — bringing varied perspectives to legal problems leads to smarter, more creative outcomes.

4. Open and Effective Communication

In our world, communication is everything but that is true in all busines. Whether it’s delegating work, discussing a case strategy, or updating clients, effective communication prevents errors, builds trust, and enhances efficiency. I’ve found that when communication flows freely everything else works better. Egos stay in check, ideas get better and results speak for themselves.

5. Trust and Collaboration

A true team operates with mutual trust. Everyone understands their role, respects others’ and works to a shared goal. When legal professionals trust one another’s judgment, competence, and intentions, the team thrives. This trust allows lawyers to focus on their areas of expertise while relying on others to do the same. Collaboration becomes second nature, not forced. Roles are respected, workloads are balanced, and credit is shared. That kind of trust turns a good team into a powerhouse.

6. Adaptability and Resilience

Across the business landscape, we’re in a time when things change fast and the legal world is no different — new legislation, client demands, economic pressures. A powerhouse team responds with agility. They learn quickly, adjust strategies, and support each other during challenging cases or high-pressure deadlines. They don’t just survive stress — they strengthen through it.

7. Continuous Learning and Improvement

The best teams never stay still. Whether it’s staying ahead of regulatory changes, mastering new tech tools, or refining client service skills, powerhouse teams prioritize development. Mentoring, ongoing training, and regular performance feedback cultivate teams that evolve — not stagnate.

A commitment to continuous improvement sends a clear message: you believe in your team, and you’re investing in their growth. That, in turn, builds loyalty, engagement, and retention.

Final Thoughts

Whether you're building a tech team, a client success function, or a legal department, the fundamentals of a high-performing team remain the same. Great teams don’t just happen. They’re built with intent — with the right people, supported by the right culture, and driven by the right leadership.

When you get this right, the payoff is exponential. From more efficient operations to higher client satisfaction and better outcomes — powerhouse teamwork becomes a competitive advantage.

In any sector — and certainly in law — that’s a result worth striving for.