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

View All

CAT Hearing for £200m Mastercard Settlement Highlights Divide Between Funder and Class Representative

By Harry Moran and 4 others |

Whilst the successes of collective proceedings supported by litigation funders are regularly highlighted by the legal funding industry, an ongoing dispute at the Competition Appeal Tribunal (CAT) between a class representative and funder over a proposed settlement shows that it is not always a relationship in which both parties see eye to eye.

An article in The Law Society Gazette provides a summary of the ongoing hearing at the CAT, as the tribunal hears arguments as to whether the £200 million settlement in the Mastercard hearing should be approved or not. The hearing, which is scheduled to last until the end of the week, saw counsel for the claimant, defendant and funder each offer their arguments on whether the judges should proceed with the collective settlement approval order (CSAO).

Mark Brealey KC, counsel for class representative Walter Merricks CBE, stated that it was the position of both Merricks and Mastercard that the value of the settlement was “in a range that was fair and reasonable.” Responding to the intervention of Innsworth Capital, the litigation funder opposing the settlement, Brealey argued that “the funder should be respectful of the way that Mr Merricks has conducted the proceedings”.

Charles Bear KC, representing Innsworth as the intervener, highlighted the cost of the funder’s support for the case and argued that approval would mean that “the class does not get a fair return on this settlement on any view of distribution.” Bear went further and emphatically stated that Innsworth’s view is that “it is completely clear the settlement prescribes zero value to the case, not little value, but nothing.”

Sonia Tolaney KC, counsel for Mastercard, suggested that it was the views of the class representative and defendant that should hold the most weight, arguing that “There is no doubt that in this case the parties themselves are best placed to assess the merits [of the settlement].” Tolaney also targeted Innsworth’s questioning of whether the £200 million settlement was the best possible outcome for the class representative, declaring that in Mastercard’s view, “that is the wrong question.”

BNP Paribas’ Securities Services Business Adopts Broadridge’s Global Class Action Solution to Maximize its Clients’ Global Asset Recovery Opportunities

By Harry Moran and 4 others |

BNP Paribas’ Securities Services business, a leading global custodian with USD 13.7 trillion under custody, has partnered with global Fintech leader, Broadridge Financial Solutions, Inc. (NYSE:BR) to expand its global custody services, appointing Broadridge as service provider for its global securities class action services.

“As the Securities Services business of BNP Paribas, we are committed to delivering innovative and differentiating products and services to our clients. Broadridge brings advanced technology, market-leading information security and deep industry expertise that align with our goals, enhancing our clients’ experience and supporting their business,” said Christian Houillon, Head of Custody Product for Securities Services at BNP Paribas. “We will be able to harness Broadridge’s proprietary technology to identify, file and recover investment losses, alongside their extensive industry expertise.”

Broadridge provides a comprehensive, proprietary technology solution for global class action services that will help clients identify and act on asset recovery opportunities. This includes a seamless process for identifying, filing, and recovering investment losses, backed by Broadridge's industry expertise.

“As the volume of securities class actions continues to rise, it’s crucial for the clients of BNP Paribas’ Securities Services business and other global financial institutions to leverage all available asset recovery opportunities,” said Steve Cirami, Vice President, Head of Corporate Actions & Class Actions at Broadridge. “Broadridge’s solutions will enable the clients of BNP Paribas’ Securities Services business to obtain all required information to support their decisions on claim recoveries, facilitate investor participation in settlements and support key business functions, delivering a seamless and impactful client experience.”

Investors have more recovery opportunities than ever before as the class action landscape continues to expand globally with more than 35 jurisdictions around the world adopting collective redress mechanisms for shareholders. In 2024 alone, there were more than 125 recovery opportunities and $5.2 billion in settlements. The ability to monitor all opportunities globally requires leading edge technology and expertise, particularly in jurisdictions where considerations of litigation can be complex to navigate.

Broadridge’s dedicated global class action services team comprises deeply knowledgeable and experienced securities litigators, claims administrators, claims auditors and data specialists, equipped to provide clients with unmatched end-to-end services, portfolio monitoring and claims filing and registering processes in global jurisdictions. Learn more about the team here.

About Securities Services at BNP Paribas (securities.cib.bnpparibas)

BNP Paribas’ Securities Services business is a leading global custodian providing multi-asset post-trade and asset servicing solutions to buy-side and sell-side market participants, corporates and issuers. With a global reach covering 90+ markets, its custody network is one of the most extensive in the industry, enabling clients to maximise their investment opportunities worldwide. As a pillar of BNP Paribas’ diversified banking model, Securities Services provides asset servicing solutions that are closely integrated with the first-class services of the Group’s other business lines, in particular those of Global Banking and Global Markets.

As of 31 December 2024, Securities Services had USD 13.7 trillion in assets under custody and USD 2.8 trillion in assets under administration.

About Broadridge

Broadridge Financial Solutions (NYSE: BR) is a global technology leader with the trusted expertise and transformative technology to help clients and the financial services industry operate, innovate, and grow. We power investing, governance, and communications for our clients – driving operational resiliency, elevating business performance, and transforming investor experiences. 

Our technology and operations platforms process and generate over 7 billion communications per year and underpin the daily trading of more than $10 trillion of securities globally. A certified Great Place to Work®, Broadridge is part of the S&P 500® Index, employing over 14,000 associates in 21 countries.

For more information about us, please visit www.broadridge.com.

Community Spotlights

Community Spotlight: Craig Geraghty, Legal Director, O’Connors Legal Services

By John Freund and 4 others |

Craig is a highly experienced corporate lawyer and Head of Corporate at O'Connors. His expertise covers a broad range of high-value transactions, including mergers and acquisitions, private equity deals, business reorganisations and restructurings, joint ventures, corporate governance, and regulatory matters. He also has significant experience of advising law firms on litigation funding arrangements.

Craig joined O'Connors from global law firm Bedell Cristin where he handled significant offshore transactional work in their Jersey office. Craig’s offshore experience is a valuable asset, particularly for O'Connors investment fund and insurance practices, while his expertise in litigation funding is a key asset for the firm's legal sector clients.

Company Name and Description: O’Connors Legal Services Limited (which trades as O’Connors). O'Connors is a nationally recognised firm of business lawyers and advisers. Although business sector agnostic, the firm has particular expertise in supporting legal businesses, including law firms, barristers' chambers and claims management companies. Its unique blend of corporate, commercial, insurance, and regulatory legal expertise and unparalleled sector knowledge delivers strategic support and innovative solutions to help legal businesses navigate the legal landscape, manage risk and capitalise on market opportunities.

Website: https://www.oconnors.law

Founded: 2003

Headquarters: Liverpool - additional office in London

Area of Focus: Corporate, Commercial, Commercial Insurance, Litigation Funding, Financial Services and Legal Services Regulation

Member Quote: “We are known as the law firm for law firms and our deep understanding of the legal regulatory landscape means we are perfectly placed to assist law firms in accessing the resources they need to pursue justice through litigation funding.”