Insurance Insiders Weekly Brief: Ovation Fertility Lawsuits Heat Up
It's been another eventful week in the world of medical malpractice, with carrier moves, big rulings, and cases that could shift the landscape for your clients. Let’s dive in.
No Major Carrier Shakeups, but Eyes on the Horizon
This week didn’t bring any blockbuster mergers or exits among the big players like Berkshire Hathaway, ProAssurance, or The Doctors Company. That said, the chatter in the market suggests carriers are still tightening their belts after a rough 2024. Premiums are trending up—nearly 50% of reported rates jumped from 2023 to 2024, per the AMA’s latest data—and underwriters are getting pickier. For you, that means more legwork to lock in capacity for high-risk specialties like OB-GYNs or surgeons. No seismic shifts in the last seven days, but keep your ear to the ground—rate hikes and coverage squeezes are still the name of the game heading into Q2.
Big Ruling in Florida: Wrongful Death Expansion Nears the Finish Line
On March 27, Florida’s House voted 103–6 to pass HB 6017, a bill that’s got the green light to expand who can file wrongful death claims in med-mal cases. The Senate’s version, SB 734, cleared the Rules Committee earlier this month with just one “no” vote. It’s not law yet—still needs the governor’s signature—but it’s inching closer. This scraps a decades-old rule barring adults over 25 from suing for a parent’s death due to malpractice. For agents, this is a heads-up: if it’s signed, expect a spike in claims frequency and severity. Hospitals and docs will lean harder on their policies, and you’ll need to double-check limits and exclusions. Insurers like Mutual Insurance Company of Arizona, already active in the Southeast, might see this as a cue to tweak pricing or push for higher retentions. Time to start prepping those renewal talks. Source: Florida Senate
Case Watch: Ovation Fertility Lawsuits Heat Up
Out in California, Ovation Fertility’s Newport Beach lab mess is still making waves. Last week, more lawsuits piled on from ex-patients whose embryos got torched by a lab tech’s error—allegedly using hydrogen peroxide instead of a sterile solution. We’re talking dozens of claims now, with damages potentially running into the millions. No rulings yet, but the heat’s on Ovation’s carrier to cover this nightmare. For you agents, this is a red flag on entity coverage—solo docs aren’t the only ones needing ironclad policies. Fertility clinics, surgical centers, any multi-provider outfit—these are your next hot prospects. Make sure their tail coverage and incident triggers are bulletproof, because this case could set a precedent for lab-related claims. Source: Intelligence Line
Nuclear Verdicts Still Looming Large
No fresh “nuclear verdict” bombs dropped this week—those $10M-plus jury awards that make carriers sweat—but the trend’s not slowing. That $97M Iowa OB-GYN case from 2023 popped back in the news with the clinic suing its insurer, MMIC, for allegedly botching settlement talks to push tort reform. The appeal’s stalled, but it’s a reminder: clients with thin limits are sitting ducks. Push those excess layers and umbrella options hard—especially in plaintiff-friendly states like California, Florida, or New York. One big hit, and your doc’s practice could be toast without the right backup.
What does It Mean for You?
Prospecting Play: Hit up specialty practices—think fertility, ortho, or plastics—and pitch comprehensive coverage. Ovation’s mess shows gaps in entity policies are blood in the water.
Renewal Radar: Florida agents, get ahead of HB 6017. If it passes, claims will climb—start modeling higher limits now. Elsewhere, keep nudging clients toward self-insured retentions to offset premium creep.
Carrier Chat: No big moves this week, but lean on your relationships. Capacity’s there for clean risks, but underwriters are twitchy—highlight your clients’ risk management to lock in terms.
That’s the wrap for March 23–30. The med-mal market’s still a slow burn, but these sparks could flare up fast. Stay sharp, keep your clients covered, and let’s close some deals.