πŸ‡¦πŸ‡Ί Australia's Revised General Insurance Code Would Make Insurer Promises Legally Enforceable and Auto-Accept Home and Motor Claims After 12 Months, as AFCA Reports 36,022 Complaints β€” Insurance Business Australia (October 22, 2026), reporting the Insurance Council of Australia's revised Code and AFCA's 2025-26 Annual ReviewπŸ‡¨πŸ‡¦ Intact and Definity Put Third-Quarter Catastrophe Losses at About C$850 Million Combined, Pushing Intact Above Its Annual Guidance β€” Insurance Business Canada (October 7, 2026), Reinsurance News (October 8, 2026) and insurance-canada.ca (October 23, 2026)πŸ‡¦πŸ‡Ί TAL, Owned by Japan's Dai-ichi Life, Bids A$11.80 a Share for Challenger, Australia's Largest Annuity Provider, in a Non-Binding Proposal Worth Nearly A$8 Billion β€” Insurance Business Australia (October 19, 2026) reporting TAL's proposal and Challenger's ASX announcementπŸ‡«πŸ‡· French Supermarket Refrigeration Hack Hit About 700 Stores: Why Cyber Policies May Not Pay for Spoiled Food, and What Lockton Says to Check β€” Insurance Journal (October 21, 2026) and Insurance Business Australia, reporting Lockton Australia analysis (October 20, 2026)πŸ‡ΊπŸ‡Έ AM Best: Commercial Auto Liability Lost $6.4 Billion in 2024 as Litigation Costs Outpace 14 Straight Years of Rate Increases β€” Insurance Business US (October 19, 2026) reporting an AM Best special report on social inflationπŸ‡ΊπŸ‡Έ Marsh Global Insurance Market Index: Commercial Rates Fall 5% in Q3 2026, the Ninth Straight Decline, as US Casualty Rises 6% and Pacific and IMEA Drop 12% and 14% β€” Marsh Global Insurance Market Index press release (October 21, 2026) and Insurance Journal (October 21, 2026)πŸ‡ΊπŸ‡Έ Hurricane Isaias Insured Loss Estimates Range From $1 Billion to $4.5 Billion: What the Modelers, Florida Regulators and AM Best Are Saying β€” Insurance Business, Insurance Journal, Business Insurance, Beinsure and Florida Phoenix (October 13-19, 2026)πŸ‡©πŸ‡ͺ Munich Re Raises Its 2026 Profit Target to €6.6 Billion After a Preliminary €1.7 Billion Third Quarter Driven by Light Major Losses β€” Reinsurance News (October 23, 2026) and Munich Re half-year report (July 8, 2026)πŸ‡ΊπŸ‡Έ Selective Insurance's Third Quarter: Operating EPS Up to $2.37 and a 96.8% Combined Ratio as Premiums Fall 7% on Deliberate Pruning β€” Selective Insurance Group Form 8-K press release (October 22, 2026) and Q3 earnings call (October 23, 2026)πŸ‡«πŸ‡· Moody's Holds France at Aa3 With a Negative Outlook, a Reprieve Conditioned on a 2027 Budget, After 10-Year Yields Hit 5.1% β€” Euronews (October 24, 2026), Il Sole 24 Ore, MarketScreener, ABC Bourse (October 21, 2026) and Selectra (October 14, 2026)πŸ‡¦πŸ‡Ί Australia's Revised General Insurance Code Would Make Insurer Promises Legally Enforceable and Auto-Accept Home and Motor Claims After 12 Months, as AFCA Reports 36,022 Complaints β€” Insurance Business Australia (October 22, 2026), reporting the Insurance Council of Australia's revised Code and AFCA's 2025-26 Annual ReviewπŸ‡¨πŸ‡¦ Intact and Definity Put Third-Quarter Catastrophe Losses at About C$850 Million Combined, Pushing Intact Above Its Annual Guidance β€” Insurance Business Canada (October 7, 2026), Reinsurance News (October 8, 2026) and insurance-canada.ca (October 23, 2026)πŸ‡¦πŸ‡Ί TAL, Owned by Japan's Dai-ichi Life, Bids A$11.80 a Share for Challenger, Australia's Largest Annuity Provider, in a Non-Binding Proposal Worth Nearly A$8 Billion β€” Insurance Business Australia (October 19, 2026) reporting TAL's proposal and Challenger's ASX announcementπŸ‡«πŸ‡· French Supermarket Refrigeration Hack Hit About 700 Stores: Why Cyber Policies May Not Pay for Spoiled Food, and What Lockton Says to Check β€” Insurance Journal (October 21, 2026) and Insurance Business Australia, reporting Lockton Australia analysis (October 20, 2026)πŸ‡ΊπŸ‡Έ AM Best: Commercial Auto Liability Lost $6.4 Billion in 2024 as Litigation Costs Outpace 14 Straight Years of Rate Increases β€” Insurance Business US (October 19, 2026) reporting an AM Best special report on social inflationπŸ‡ΊπŸ‡Έ Marsh Global Insurance Market Index: Commercial Rates Fall 5% in Q3 2026, the Ninth Straight Decline, as US Casualty Rises 6% and Pacific and IMEA Drop 12% and 14% β€” Marsh Global Insurance Market Index press release (October 21, 2026) and Insurance Journal (October 21, 2026)πŸ‡ΊπŸ‡Έ Hurricane Isaias Insured Loss Estimates Range From $1 Billion to $4.5 Billion: What the Modelers, Florida Regulators and AM Best Are Saying β€” Insurance Business, Insurance Journal, Business Insurance, Beinsure and Florida Phoenix (October 13-19, 2026)πŸ‡©πŸ‡ͺ Munich Re Raises Its 2026 Profit Target to €6.6 Billion After a Preliminary €1.7 Billion Third Quarter Driven by Light Major Losses β€” Reinsurance News (October 23, 2026) and Munich Re half-year report (July 8, 2026)πŸ‡ΊπŸ‡Έ Selective Insurance's Third Quarter: Operating EPS Up to $2.37 and a 96.8% Combined Ratio as Premiums Fall 7% on Deliberate Pruning β€” Selective Insurance Group Form 8-K press release (October 22, 2026) and Q3 earnings call (October 23, 2026)πŸ‡«πŸ‡· Moody's Holds France at Aa3 With a Negative Outlook, a Reprieve Conditioned on a 2027 Budget, After 10-Year Yields Hit 5.1% β€” Euronews (October 24, 2026), Il Sole 24 Ore, MarketScreener, ABC Bourse (October 21, 2026) and Selectra (October 14, 2026)
Litigation financing ban and legal system reform in insurance (illustrative)
RegulationπŸ‡ΊπŸ‡ΈUnited States

North Carolina Enacts the First US Ban on Third-Party Litigation Funding: House Bill 315 Signed June 22, 2026, With $50,000 Penalties and Treble Damages

PolicyRix EditorialΒ·Β·7 min read
ShareXLinkedInWhatsApp
Verified Story

Governor Josh Stein signed House Bill 315, the Prohibit Litigation Investments Act, on June 22, 2026, banning third-party litigation investment in North Carolina civil proceedings with nine exceptions, civil penalties of up to $50,000 per violation and a private right of action for treble damages.

North Carolina has become the first state to prohibit third-party litigation funding outright. Hunton Andrews Kurth, in an analysis dated June 26, 2026, reports that Governor Josh Stein signed House Bill 315, the "Prohibit Litigation Investments Act", on June 22, 2026. Third-party litigation funding is the practice in which an investor that is not a party to a case provides capital to a plaintiff or law firm in exchange for a share of any recovery. Proponents say it expands access to justice, and critics raise concerns about transparency, ethics and the influence of outside investors on strategy and outcomes.

The Act's core prohibition is simple. According to Hunton, no person may engage in litigation investment in North Carolina, and no person may provide litigation investment to a party or attorney in a civil proceeding in the state. The statute defines litigation investment as providing money, through a direct payment, advance, loan, investment or other financial arrangement, to cover the fees, costs or expenses of a pending or potential civil proceeding, in return for a right to compensation that depends, in whole or in part, on the outcome. "Civil proceeding" is defined broadly, covering civil actions, arbitrations, mediations, administrative proceedings and other proceedings meant to resolve civil claims.

Timing and scope are specific. The article does not state a separate effective date. Instead, the prohibition applies to civil proceedings commenced on or after June 22, 2026 and to litigation investment contracts entered into, renewed or amended on or after that date. Contracts made before the signing therefore appear to be outside the ban unless they are renewed or amended, though readers should consult the statute and counsel for how existing arrangements are treated.

The Act contains nine exceptions. Examples listed by Hunton include attorney contingency fee arrangements, advancing litigation costs and expenses, and pro bono representation, in each case under the North Carolina Rules of Professional Conduct; financial assistance from family members; and certain funding arrangements involving nonprofit organisations pursuing claims for themselves or their members. These carve-outs preserve ordinary practices such as lawyers working on contingency. The article does not address consumer-level litigation funding specifically, such as pre-settlement advances to individual plaintiffs, so it is unclear from this source how the statute treats those.

Enforcement is strong. The Attorney General may sue to enjoin violations, and courts may impose civil penalties of up to $50,000 per violation. In addition, individuals harmed by a prohibited litigation investment have a private right of action. A prevailing plaintiff may choose either common-law damages or statutory damages equal to three times the amount of the potential litigation investment in the funding arrangement. Treble damages create a significant deterrent for funders and could also expose law firms that take such funding.

Other states have chosen different paths. Hunton says Indiana, Ohio, Tennessee, Nebraska, Vermont and Nevada treat funding as consumer finance, with written agreements, disclosures, attorney acknowledgment and limits on funder control. Wisconsin, Louisiana and Washington focus on disclosure at the start of litigation. New York, in early 2026, adopted a comprehensive framework with disclosure requirements, consumer rights and limits on funder recoveries. At the federal level, the Litigation Funding Transparency Act, introduced in February 2026, is pending before the Senate Judiciary Committee; if enacted, it would require disclosure of funding in certain federal matters, including class actions and mass torts, and all foreign funding. North Carolina's ban is therefore at one end of a spectrum from disclosure to prohibition.

Why does this matter for insurance? The insurance industry has been a leading advocate of restrictions on litigation funding, arguing that funding encourages more and larger claims and contributes to "social inflation", the rise in liability claim costs above general inflation. That argument is reflected in the current market: Marsh reports that US casualty rates are still rising, by 6% in the third quarter, even as other lines fall. The sources reviewed here do not quantify the effect of litigation funding on claims costs, and the case for and against remains contested. Funders and some legal groups argue that funding helps ordinary people and small businesses pursue claims against larger defendants who would otherwise outspend them.

The practical consequences are uncertain. Lawyers and funders will want to know how the law applies to cross-border funding arrangements, to cases pending in North Carolina but funded elsewhere, and to funding for out-of-state cases involving North Carolina parties. The article does not address these questions. Court challenges are possible, and the sources reviewed do not report any. Other state legislatures may study the law, and insurers may cite it in discussions about liability pricing, though any effect on premiums would take time to appear and cannot be predicted from these reports.

For businesses, the ban reduces one source of litigation financing risk in North Carolina. For plaintiffs, it may limit options for financing complex cases beyond contingency fees. Anyone affected should seek legal advice, because the statute is new and untested. Authors of the Hunton analysis are Alexandra B. Cunningham, Merideth Snow Daly and Jane G. Legris.

Key Points

  • 1Governor Josh Stein signed House Bill 315, the Prohibit Litigation Investments Act, on June 22, 2026; law firm Hunton Andrews Kurth calls North Carolina the first state to ban third-party litigation funding.
  • 2The Act bars any person from engaging in litigation investment in the state or providing it to a party or attorney in a civil proceeding, defined as funding fees, costs or expenses in return for compensation that depends on the outcome.
  • 3It applies to civil proceedings commenced on or after June 22, 2026 and to litigation investment contracts entered into, renewed or amended on or after that date, with nine exceptions including attorney contingency fees, pro bono work and help from family members.
  • 4The Attorney General may sue to stop violations, courts may impose civil penalties of up to $50,000 per violation, and a harmed person may recover common-law damages or statutory damages of three times the potential litigation investment.
  • 5Other states regulate funding as consumer finance or require disclosure, and a federal Litigation Funding Transparency Act, introduced in February 2026, is pending before the Senate Judiciary Committee.

Why This Matters

Insurers have argued that outside investors funding lawsuits drive up claims costs and 'social inflation', while funders and plaintiffs' lawyers say funding helps people afford to sue. North Carolina's outright ban is the strongest state action yet and may influence other states and insurance pricing debates.

#litigation funding#north carolina#hb 315#social inflation#tort reform#insurance regulation#third-party funding
Disclaimer: This article is for informational purposes only and does not constitute financial, investment, legal, or insurance advice. Always consult a qualified professional before making financial decisions. PolicyRix reports on publicly available information from third-party sources and cannot guarantee the accuracy or completeness of such information.

Related Stories

Daily Intelligence

The PolicyRix Daily Brief

Get the day's key insurance and finance stories in one email, each linked to its original source. No spam. Unsubscribe anytime.

Informational newsletter only. Not financial advice. Disclaimer