Pennsylvania Bill Would Restrict Interest, Delay Damages on Periodic Medical Malpractice Payments

October 22, 2026 by matray

Pennsylvania lawmakers have introduced legislation that would prohibit prejudgment interest, postjudgment interest and delay damages from accruing on periodic payments of future damages in medical malpractice cases before those payments become due.

House Bill 2842 would amend Section 509(b)(4) of Pennsylvania’s Medical Care Availability and Reduction of Error (Mcare) Act, which governs the payment of damages in medical professional liability cases.

Under existing law, interest does not accrue on periodic payments of future damages before the payments become due. The proposed amendment would expand the language to explicitly prohibit prejudgment interest, postjudgment interest and delay damages from accruing before a scheduled payment is due.

The legislation would retain the existing requirement that interest accrue at the legal rate beginning on the due date if a periodic payment is not made on time.

The proposed change could have financial implications for medical professional liability insurers and healthcare defendants by clarifying which additional damages may be assessed against future payments made periodically rather than in a lump sum.

Prejudgment interest generally compensates plaintiffs for the period before a judgment is entered, while postjudgment interest accrues after judgment. Delay damages are intended to compensate plaintiffs for delays in receiving compensation.

By expressly addressing all three categories, the legislation would clarify the treatment of interest and delay damages on scheduled future payments. The bill would not change the underlying damages awarded or eliminate interest on payments that become overdue.

HB 2842 was introduced Oct. 6 by Republican state Rep. Eric Nelson and three co-sponsors, Reps. David Rowe, Brian Verobish and Jamie Wallen. The measure was referred to the House Judiciary Committee on Oct. 7.

If enacted, the legislation would take effect in 60 days.

Posted in Tort reform | Leave a comment
Lloyd’s, London Insurers Establish Joint Healthcare Claims Group

October 22, 2026 by matray

The Lloyd's Market Association (LMA) and International Underwriting Association (IUA) have established a joint healthcare claims group to address emerging risks, evolving litigation trends and increasingly complex liability issues affecting healthcare insurers.

The Joint Healthcare Claims Group brings together claims specialists from the Lloyd's insurance marketplace and London's company insurance market to share expertise, identify emerging challenges and develop best practices for handling healthcare-related claims.

The initiative comes as healthcare insurers navigate changing legal and regulatory environments and shifting claims and litigation trends, according to the organizations.

The group will be co-chaired by Xanthe Boyle, chief claims officer at Coverys London, and Georgia Billington, casualty claims manager at Dale Underwriting Partners.

"Healthcare remains a specialised and continually evolving class of business," said Janine Powell, claims director at the LMA. "By creating a single forum for healthcare claims specialists from across the Lloyd's and company markets, we can help ensure the London market continues to provide innovative and effective solutions for clients."

The group's responsibilities include identifying and investigating significant healthcare claims issues, initiating projects to address emerging challenges and developing best practice solutions for the healthcare insurance market. It also will engage with industry stakeholders and provide technical expertise to relevant underwriting committees.

The initiative could provide a forum for examining issues affecting medical professional liability insurers, including complex malpractice litigation, claims severity and evolving liability exposures. However, the organizations have not identified specific research projects or announced whether U.S. medical malpractice litigation will be among the group's priorities.

Joe Shaw, director of claims at the IUA, said the initiative will encourage greater cooperation among insurers operating in London's two principal insurance markets.

"This new group provides an opportunity to bring together expertise from both associations, encourage greater collaboration between claims practitioners and support discussion on the issues most important to the sector," Shaw said.

The LMA represents managing agents operating in the Lloyd's marketplace, while the IUA represents companies providing international and wholesale insurance and reinsurance coverage through the London company market.

The new group is part of the organizations' broader efforts to strengthen technical expertise, encourage cooperation among claims professionals and promote best practices across the London insurance market.

Posted in MPL company news | Leave a comment
AM Best Maintains Negative Ratings Review for Curi Insurance Group

October 22, 2026 by matray

AM Best maintained its negative ratings review for Curi Insurance Group, six months after downgrading the medical professional liability insurer’s ratings because of significant adverse loss reserve development, underwriting losses and declining surplus.

The rating agency announced Oct. 16 that the insurance group’s A- (Excellent) financial strength rating and “a-” (Excellent) long-term issuer credit ratings would remain under review with negative implications.

AM Best originally downgraded Curi’s financial strength rating from A (Excellent) to A- (Excellent) and its long-term issuer credit ratings from “a” (Excellent) to “a-” (Excellent) on April 9, placing both ratings under review with negative implications (see MLM, April 13, 2026).

At the time, AM Best attributed the downgrades to significant adverse loss reserve development that had produced substantial underwriting losses and materially reduced the group’s surplus. The deterioration also contributed to increasing loss reserve metrics, rising underwriting leverage and declining liquidity.

The rating agency said Curi’s risk-adjusted capitalization, as measured by Best’s Capital Adequacy Ratio, had declined to a level that no longer supported its highest balance sheet strength assessment.

AM Best also raised concerns about the group’s internal controls, due diligence and governance, as well as the adequacy of its pricing and underwriting practices and the possibility of additional reserve strengthening.

The agency said Curi was exploring strategies to address its ongoing issues while AM Best evaluated the group’s future capitalization and operational plans.

In its Oct. 16 announcement, AM Best acknowledged some recent improvement in Curi’s overall risk-adjusted capitalization but said the ratings would remain under review with negative implications as it continued gathering information about the group’s operational and capitalization plans through the end of 2026 and into 2027.

Despite its concerns, AM Best continues to assess Curi’s balance sheet strength as strong, its operating performance as adequate, its business profile as neutral and its enterprise risk management as appropriate.

The ratings review applies to five members of Curi Insurance Group: UMIA Insurance Inc., MMIC Insurance Inc., Medical Mutual Insurance Co. of North Carolina, Medical Security Insurance Co. and MMIC Risk Retention Group Inc.

Posted in AM Best, MPL company news | Leave a comment
Medical Liability Monitor Publishes 2026 Annual Rate Survey, Finds Modest Premium Increases Despite Mounting Pressures

October 22, 2026 by matray

Medical professional liability insurance rates increased an average of just 1.8% in 2026, despite mounting concerns about claim severity, underwriting profitability and other pressures facing the industry, according to the newly published Medical Liability Monitor Annual Rate Survey.

Now in its 36th year, the Annual Rate Survey provides a comprehensive examination of medical malpractice insurance pricing across the United States, comparing premiums by insurer, state, county and medical specialty.

The 1.8% national average increase was slightly below the 1.9% recorded in 2025, continuing a period of relatively modest rate changes even as insurers confront rising liability costs.

Approximately 38% of rates reported to the Survey increased in 2026, compared with 35% in 2025. Another 53% remained unchanged, while 9% decreased.

The findings come as the medical professional liability (MPL) insurance industry continues to face underwriting challenges. The industry's combined ratio deteriorated to 107.4% in 2025, marking its 12th consecutive year of underwriting losses.

At the same time, competition for market share has prompted some insurers to reduce premiums, raising questions about the sustainability of current pricing strategies.

The Survey's Executive Summary, titled "MPL Pricing: Meet the New Rates, Same as the Old Rates," examines the apparent disconnect between rising liability costs and restrained premium increases, exploring what current market conditions may signal for the industry's future.

What the 2026 Annual Rate Survey Covers

Published in cooperation with the Medical Professional Liability Association, the Survey examines mature claims-made premium rates for internal medicine, general surgery and obstetrics/gynecology, with coverage limits of $1 million per claim and $3 million annually.

For the second consecutive year, the Survey also includes medical malpractice insurance rates for nurse practitioners, allowing for comparative analysis of pricing trends in this growing segment of the healthcare workforce.

Beyond its detailed physician premium comparisons, the 2026 Survey examines pricing conditions across four major segments of the MPL marketplace: physicians, hospitals, other healthcare professionals and other healthcare facilities.

Additional analysis explores:
  • Insurer competition and underwriting profitability
  • Medical malpractice claim severity and social inflation
  • Reinsurance pricing and market conditions
  • The growing influence of artificial intelligence
  • Regulatory rate filings and insurer pricing strategies
  • Emerging pressures affecting the broader MPL marketplace

The Survey reports premium rates effective July 1, 2026, and also examines regulatory filings that may signal future pricing changes.

How to Purchase the 2026 Annual Rate Survey

The 2026 Annual Rate Survey is available for individual purchase or as part of an annual subscription to Medical Liability Monitor.

Purchase the Annual Rate Survey individually: Readers who want the 2026 Survey without an annual subscription can select the stand-alone purchase option.

Digital subscription — $499 annually: Includes the Annual Rate Survey and 12 monthly issues of Medical Liability Monitor delivered digitally.

Digital plus hardcopy subscription — $599 annually: Includes the Annual Rate Survey and 12 monthly issues in both digital and print formats.

Discounts are available for multiple subscriptions.

Purchase the 2026 Annual Rate Survey or Subscribe to Medical Liability Monitor For additional information or assistance with purchasing, contact editor@medicalliabilitymonitor.com.

Posted in MPL company news | Leave a comment