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Social inflation: Multinational companies face challenges from US operations

Social inflation refers to the rising costs and risks associated with liability claims, driven primarily by societal attitudes, court decisions, and the overall cultural shift towards holding companies accountable.
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By Rory MacLeay , 

International Leader, Marsh Multinational

29/06/2023 · 3 minute read

The increased frequency and severity of so-called nuclear verdicts in the US is putting more pressure on organisations, including multinational companies with operations there. Even when headquartered elsewhere, these companies may experience increased insurance costs as underwriters adjust their pricing, concerned about the potential impact of what they see as outsized awards. 

Social inflation refers to the rising costs and risks associated with liability claims, driven primarily by societal attitudes, court decisions, and the overall cultural shift towards holding companies accountable. While most prevalent in the US, social inflation is also felt in other countries, underscoring the need for multinational corporations to understand the potential impact on their operations and financial position, and to take action to minimise their risks.

Unique challenges for multinational corporations

Companies headquartered elsewhere but with operations within the US face particular challenges when dealing with social inflation, including:

  • Legal environment: Multinational corporations often find themselves navigating unfamiliar legal frameworks, making it more difficult to determine the most likely outcomes and accurately assess potential liabilities. The lack of familiarity can amplify the risks posed by social inflation.
  • Extraterritorial reach: The impact of social inflation extends beyond US borders, as liability claims can be brought in multiple jurisdictions, exposing companies to legal battles and associated costs across different countries simultaneously.
  • Reputation management: In today's interconnected world, news travels fast, and public sentiment can quickly turn against companies facing liability claims. Multinationals need to be vigilant in managing their reputation, and proactively address public concerns to mitigate potential fallout.
  • Insurance costs: Rising liability costs due to social inflation can significantly impact insurance premiums, making coverage more expensive for multinationals, potentially straining financial resources.

Mitigating the risks of social inflation

To minimise the potential risks of social inflation, multinationals should consider multiple strategies, including:

  • Adopting a robust risk management strategy that allows you to proactively identify potential liabilities, implement effective safety protocols, and foster a culture of risk awareness across all levels of the organisation. Strong risk management practices can help reduce the likelihood of liability claims and demonstrate to insurers a commitment to safety.
  • Hiring legal counsel familiar with both US and international laws and that can provide crucial guidance when navigating complex liability landscapes. Understanding the legal intricacies can help multinational companies make informed decisions and devise appropriate strategies to address liability risks.
  • Regularly reviewing your insurance programs to determine whether you have sufficient coverage. Engage in discussions with your insurers and your insurance advisors or brokers to determine if your policies adequately address the evolving risks associated with social inflation. Ongoing collaboration can help insurers design customised solutions tailored to the unique needs of multinational companies.
  • Developing a crisis communication plan. The way you communicate can help minimise reputation damage following an event. Companies should be prepared to address any negative publicity immediately, communicate their commitment to resolving issues, and demonstrate their dedication to corporate responsibility.

Multinational companies with operations in the US should review existing risks that are most likely to be impacted by social inflation. By understanding their unique challenges, companies can proactively adopt strategies to mitigate risks, allowing them to maintain financial stability amid the rising tide of social inflation.

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