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Nuclear Verdicts and Their Impact on The Standard Market

As we continue to navigate the ever-changing environment of the trucking industry, growing influence of nuclear verdicts on traditional insurance markets is not going unnoticed. These high-stakes legal outcomes are reshaping the way carriers and fleet operators approach risk management. To help your business stay ahead of the curve, the following key insights can guide your operation in making informed strategic decisions about your insurance solutions moving forward:


  • Soaring Nuclear Verdict Severity and Frequency: Recent studies have found that there are 3 times the number of verdicts than there were a decade ago, and verdicts have increased by 867%. In recent years, we have seen a surge in "mega" verdicts exceeding $100 million, while the median nuclear verdict has climbed to $21 million. Product liability cases, have experienced a staggering 50% increase over the past decade, peaking at $36 million in 2022. This trend reassures the need for tailored insurance coverage options to prepare your business for the growing risk of extreme nuclear verdicts.

  • Post-Pandemic Rebound of High-Stakes Verdicts: While the COVID-19 pandemic temporarily suppressed the frequency of nuclear verdicts, a quick return of high-stakes verdicts has returned, reflecting pre-pandemic levels by the third quarter of 2021. These rapid rebounds highlight the importance of flexible insurance strategies that can quickly adapt to shifting legal environments. Insurers are now encouraged to reevaluate their underwriting approaches and pricing structures to account for fluctuations in verdict trends.

  • Decade-Long Trend of Increasing Verdicts: Looking beyond the pandemic years, an upward trend in nuclear verdicts has occurred at all levels over the 10-year study period. This persistent climb emphasizes the growing necessity to protect businesses against the rising tide of substantial legal verdicts.


Choosing the right insurance partner is crucial, given the increasing frequency of nuclear verdicts that could be a threat towards your business. Our team at CBCS, Cottingham & Butler’s in-house third-party claims administrator, is using 4 innovative strategies to combat this trend:


  1. First Call Settlement Programs: Rapidly resolving potential claims, often within hours, significantly reducing costs.

  2. Nurse Case Management: Ensuring appropriate medical care while protecting clients from inflated costs.

  3. Internet Mining & Surveillance: Uncovering crucial evidence to support fair outcomes and challenge fraudulent claims.

  4. Commercial Auto-Focused Predictive Analytics: Our model has reduced settlements by an average of 40% on flagged claims.


These strategies are helping our clients navigate this challenging landscape, often resulting in substantial savings and fairer outcomes for all parties involved. By working with Cottingham & Butler, you'll benefit from our industry expertise, supporting you in potentially reducing expenses and minimizing operational disruptions. This approach not only provides stability for your insurance needs, but also provides valuable insights to boost fleet safety and efficiency. Turn your insurance program into a strategic advantage, supporting your business’s sustained growth and stability in an ever-changing landscape.


Contact Cottingham & Butler today to learn how we can help your trucking company navigate nuclear verdicts and stay ahead of the curve.

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