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

By Reid Zeising |

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

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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Loopa Finance Closes $70 Million Fund III

Loopa Finance has announced the successful closing of its third litigation finance vehicle, raising USD 70 million and pushing the firm’s total capital commitments past the USD 100 million mark since inception. The milestone underscores the continued maturation of the litigation funding market across continental Europe and Latin America, where Loopa has positioned itself as a tech-driven, cross-border player focused on complex disputes.

A press release issued by Loopa Finance confirms that the new fund builds on two prior vehicles totaling USD 38 million, both of which have been fully deployed into meritorious cases across key jurisdictions in Europe and Latin America. With Fund III, Loopa intends to deepen its investment capacity in judicial litigation and complex arbitrations, while accelerating geographic expansion across strategic markets on both continents.

Co-founder and Managing Partner Fernando Folgueiro described the fundraise as a “turning point” from a legal-business perspective, noting that surpassing USD 100 million in commitments reflects growing market acceptance of litigation finance within the regional legal ecosystem. The firm emphasized its model of assuming litigation risk in exchange for a return only upon successful outcomes, while maintaining non-interference in legal strategy. Loopa invests across a broad range of disputes, including commercial and investment arbitration, corporate and contractual claims, insolvency proceedings, intellectual property matters, environmental disputes, and claims against the State.

Co-founder Yago Zavalia Gahan highlighted the firm’s continued investment in technology and scalable processes, reinforcing Loopa’s positioning as the first tech-focused litigation funder operating across both Latin America and continental Europe. Fund III attracted a mix of institutional and private investors from Europe and the Americas, including returning backers and new strategic participants.

As capital formation in emerging and cross-border markets accelerates, Loopa’s latest raise signals sustained investor confidence in litigation finance as an asset class beyond traditional Anglo-American jurisdictions—raising the question of how quickly regional regulatory frameworks and court practices will evolve alongside that growth.

Legal-Bay Spotlights $8.5M Uber Verdict in Arizona

By John Freund |

Legal-Bay has highlighted an $8.5 million jury verdict against Uber in an Arizona bellwether sexual assault trial, a result that may influence settlement postures across similar dockets. The Arizona jury found Uber liable and awarded damages to a plaintiff who alleged assault connected to the rideshare platform.

While case specifics remain limited in the public domain, the outcome provides another data point on potential exposure as claims advance nationwide. For funders and plaintiffs’ counsel, the verdict offers a reference point for damages modeling and negotiation strategy. Bellwether trials often test liability theories and damages presentations ahead of broader resolution, giving parties a benchmark for risk assessment. The Arizona ruling arrives as plaintiffs pursue a range of claims tied to driver misconduct and platform oversight.

An article in PR Newswire states that Legal-Bay characterized the case as a bellwether matter and underscored the significance of the $8.5 million award. The company reiterated that it provides pre settlement funding to claimants pursuing sexual assault lawsuits against rideshare companies, positioning capital to help plaintiffs bridge lengthy litigation timelines.

The report notes that ongoing proceedings involving Uber have drawn heightened attention to driver screening, in-app safety features, and incident response protocols. According to the release, Legal-Bay views the Arizona result as instructive for counsel evaluating case posture and timing of potential resolutions. The release also encourages potential claimants to consult their attorneys and consider non recourse advances where appropriate.

Litigation Finance Supports Access to Justice

By John Freund |

Misconceptions about third party funding continue to surface in policy debates and courtrooms, yet the commercial litigation finance market has become a practical bridge to justice for businesses facing costly disputes.

An article in Mondaq explains that funding enables claimholders to pursue meritorious cases without diverting operating capital, particularly when litigation spend and duration are unpredictable. It also addresses recurring critiques, including allegations of funder control, the risk of frivolous filings, and opaque arrangements. Industry participants point to non recourse structures, rigorous underwriting, and counsel independence as guardrails that align incentives. For corporate legal departments, financing can rebalance negotiating dynamics against well capitalized adversaries, support portfolio based risk management, and preserve budgets for core projects. As interest rates and legal costs rise, the economic rationale for external capital has only strengthened.

Commercial litigation finance remains an important access to justice tool in the United States, countering false narratives that have colored recent commentary. It explains that most agreements are non recourse, so funders recover only from successful outcomes, which moderates risk taking and screens out weak claims. The piece notes that funders contract for information rights and consent on settlement only in limited circumstances, while strategic decisions remain with clients and counsel under ethics rules and court oversight.

It also observes that funding can complement contingency arrangements, after the event insurance, and defense side budgeting, creating optionality for both plaintiffs and defendants. On disclosure, the article surveys a patchwork of rules and argues that blanket mandates could chill capital formation without improving case management, favoring targeted judicial inquiries instead.

Expect continued legislative and rulemaking activity on disclosure and conflicts management, alongside growing adoption of voluntary best practices. As data sets on funded matters mature, stakeholders will seek more empirical analysis of outcomes and impacts on settlement dynamics. Cross border frameworks and portfolio structures are likely to expand as corporate users normalize funding within broader capital planning.