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Insurance Marketplace Realities 2026 – Healthcare Professional Liability

October 2, 2025
Rate predictions: Healthcare Professional Liability
  Trend Range
Overall healthcare professional liability Flat, (Neutral decrease) +5% to +15%
Allied Health Flat, (Neutral decrease) +0% to +15%
Hospital professional Flat, (Neutral decrease) +5% to +20%
Managed care E&O Flat, (Neutral decrease) +0% to +5%
Physicians’ professional liability Flat, (Neutral decrease) +5% to +15%
Senior living Flat, (Neutral decrease) +5% to +15%
  • Outlier/nuclear verdicts: The top 50 malpractice awards averaged $56 million in 2024, reflecting a 14% increase from 2023 and a 75% increase from 2022
  • Sexual abuse claims: Increased frequency and severity are driving underwriters to increase deductibles, impose abuse sub-limits, adjust retroactive date adjustments or exclude abuse entirely.
  • Underwriting discipline: Carriers are prioritizing pricing integrity over premium growth and long-term relationships
  • Capacity reductions continue: Several established carriers have reduced limits from $15 million to $5 million or less
  • Underwriters are quoting higher attachment points and greater risk participation from their clients
  • Reinsurers are exerting stronger influence on rate and program structures, complicating negotiations with underwriters
  • Third-party litigation funding: Investor-backed claims are linked to a 60.5% increase in payouts, 140% longer resolution times and a 35.7% drop in settlement likelihood
  • Artificial intelligence in healthcare: Liability risks stem from both underuse and misuse of AI tools, challenging traditional standards of care
  • Biometric data: Regulatory and privacy concerns are intensifying

Disclaimer

WTW hopes you found the general information provided here informative and helpful. The information contained herein is not intended to constitute legal or other professional advice and should not be relied upon in lieu of consultation with your own legal advisors. In the event you would like more information regarding your insurance coverage, please do not hesitate to reach out to us. In North America, WTW offers insurance products through licensed entities, including Willis Towers Watson Northeast, Inc. (in the United States) and Willis Canada Inc. (in Canada).

Contacts

Michael Faralli, Healthcare Placement Broking Leader, North America

Michael Faralli

Healthcare Placement Broking Leader, North America

Joanne Kowalczyk, Senior Healthcare Placement Broker, North America

Joanne Kowalczyk

Senior Healthcare Placement Broker, North America

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Insurance Marketplace Realities 2026

To read more, download the full report below.