APCIA Backs Bills Demanding Transparency in Third-Party Litigation Funding
The American Property Casualty Insurance Association (APCIA) has thrown its weight behind two House measures—Rep. Darrell Issa’s Litigation Transparency Act (H.R. 1109) and Rep. Ben Cline’s Protecting Our Courts from Foreign Manipulation Act (H.R. 2675). Both bills would force parties in federal civil actions to disclose third-party litigation-funding (TPLF) arrangements, while the latter would outright ban sovereign-wealth and foreign-state backing.
An article in Insurance Business America reports that APCIA’s federal-affairs chief, Sam Whitfield, told lawmakers at last week’s “Foreign Abuse of US Courts” hearing that undisclosed financiers inflate non-economic damages and, by extension, insurance premiums. Whitfield argued that hedge funds, private-equity vehicles and sovereign funds can currently steer litigation strategy from the shadows, possibly compromising national-security interests by harvesting sensitive discovery.
The legislation builds on a drumbeat of recent policy bids: Senate proposals to tax funder profits at 41%, a bipartisan push for MDL disclosure rules, and state-level consumer-funding caps. Unlike prior efforts, the Issa and Cline bills squarely target transparency and foreign capital rather than pricing, a framing likely to resonate with moderates concerned about geostrategic risk.
While passage in the current Congress is far from certain, APCIA’s endorsement amplifies industry pressure on lawmakers—and could spur compromises that impose at least some reporting duty on commercial funders.

