All eyes on claims as liability shifts

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All eyes on claims as liability shifts

In brief

Privacy litigation, cyber incidents and AI-related disputes are creating more complex and interconnected claims.
Fast, reliable claims handling has become a key factor in digital health insurance purchasing decisions.
Organisations are increasingly seeking integrated risk transfer and insurance solutions that address multiple liabilities.

The surge in privacy litigation, cyber incidents, and regulatory scrutiny is forcing digital health leaders to shift their focus from growth to governance.

Rising losses from ransomware, wiretapping claims, and regulatory interventions mean executives are spending more time on compliance, contractor and vendor oversight strategies than ever before.

In a leadership climate defined by caution and cross-functional risk awareness, where a single privacy or cyber slip can wipe out brand and financial value, scrutiny of insurance partners is rising fast, and the quality of claims handling now carries far greater weight.

The claims net is widening

A rising cadence of higher value losses underpins the new focus on claims. Looking across our claims book, we see a variety of drivers including:

Growth in privacy and IP-related litigation
Increased disputes driven by marketing and business practices
Rising complexity in third-party and contractual disputes
Expansion of claims linked to AI-related errors, including particularly information transfer and miscommunication
More mental health and medication claims
Misinformation and consumer trust

Complex claims, shared liability
The liability ecosystem
The misinformation multiplier
Plaintiff lawyers are increasingly active
The AI-linked liability chain
Avoiding litigation
Strategies for success

The liability ecosystem

Claims are no longer isolated events. They increasingly involve multiple triggers, overlapping liabilities and extended legal chains.

Loss concerns vs claims reality

How perceived risks compare with the claims that drive loss frequency and severity

High loss + high claims activity	Emerging concern with established claims activity
36% of digital health and wellness executives worry about unfair representation – treatment, advice, qualifications and competence. 24% of executives are concerned about inadequate care due to human error. Claims reality: Medical negligence is the most frequent and severe cause of loss. Improper supervision is the 2nd most frequent and severe cause of loss	Cyber and data risks 32% of executives are concerned about cyber incidents, ransomware, data breach and system failure. Claims reality: Data privacy claims are the 3^rd most frequent cause of loss Claims activity is established, but frequency of cyber claims is higher than the severity of some of the claims.
Concerns over professional conduct, quality of care and treatment outcomes align with the most costly claims.	Privacy remains a key claims driver, while cyber risks now reach beyond data breaches to patient harm and disruption

High loss + high claims activity

Emerging concern with established claims activity

36% of digital health and wellness executives worry about unfair representation – treatment, advice, qualifications and competence.

24% of executives are concerned about inadequate care due to human error.

Claims reality:

Medical negligence is the most frequent and severe cause of loss.

Improper supervision is the 2nd most frequent and severe cause of loss

Cyber and data risks

32% of executives are concerned about cyber incidents, ransomware, data breach and system failure.

Claims reality:

Data privacy claims are the 3^rd most frequent cause of loss

Claims activity is established, but frequency of cyber claims is higher than the severity of some of the claims.

Concerns over professional conduct,
quality of care and treatment outcomes align with the most costly claims.

Privacy remains a key claims driver, while cyber risks now reach beyond data breaches to patient harm and disruption

Potential blind spots	Watch list
The risks generating claims are not high on executive risk radars Improper supervision (#2 – most frequent cause of loss) Breach of contract (#4 – most frequent cause of loss) Intellectual property (#4 – most severe cause of loss) Largest gap – misrepresentation and credential concerns Emerging gap – cross-border practice	High concern, but limited claims 29% of executives are concerned about providing care to patients/clients outside of the jurisdiction that they are licensed to practice in. 23% believe incorrect interpretation of data is a threat.
Concerns over professional conduct, quality of care and treatment outcomes align with the most costly claims.	Privacy remains a key claims driver, while cyber risks now reach beyond data breaches to patient harm and disruption

Potential blind spots

Watch list

The risks generating claims are not high on executive risk radars

Improper supervision (#2 – most frequent cause of loss)

Breach of contract (#4 – most frequent cause of loss)

Intellectual property (#4 – most severe cause of loss)

Largest gap – misrepresentation
and credential concerns

Emerging gap – cross-border practice

High concern, but limited claims

29% of executives are concerned about providing care to
patients/clients outside of the jurisdiction that they are
licensed to practice in.

23% believe incorrect interpretation of data is a threat.

Concerns over professional conduct,
quality of care and treatment outcomes align with the most costly claims.

Privacy remains a key claims driver, while cyber risks now reach beyond data breaches to patient harm and disruption

Executives worry about tomorrow's risks. Claims reflect today's realities.

"The risks keeping healthcare leaders awake at night are increasingly digital, yet the claims being paid today are largely driven by medical negligence and supervision failures. Looking ahead, losses are unlikely to be defined by technology alone, but by the intersection of innovation, clinical judgement and effective oversight."
Keri Marmorek, Claims Team Leader, Healthcare Claims

Data from Beazley’s 2026 Digital Health & Wellness survey. The claims rankings are based on Beazley’s healthcare-related claims from the past 10 years, ranked by cause of loss with the highest frequency and by the highest severity.

The misinformation multiplier

Social media misinformation is increasingly driving more complex third-party claims.

False or manipulated content undermines the reliability of evidence, fuels disputes over what happened and enables new forms of fraud such as deep fakes and doctored documentation. At the same time, misinformation-driven harms, from reputational damage to mental health impacts, are creating new liabilities and multi-party disputes involving platforms, practitioners and insurers.
“Social media has made it easier than ever for misinformation to spread. For digital health, that can quickly influence consumer perceptions, drive claims, and attract regulatory scrutiny. Whether you love it or hate it, social media is helping define the future.”
Hannah Smith

The result is a claims environment that is more adversarial, harder to investigate, and significantly more expensive to resolve.

Plaintiff lawyers are increasingly active

In the US, concern focuses on the activities of opportunistic plaintiff lawyers, exploiting operational weaknesses for financial gain rather than focusing on actual harm to patients.

“Privacy-related claims continue at a steady pace, often driven by legal action rather than individual injury. Some, however, stem from growing public concern, particularly around health-related information. We also see ongoing intellectual property infringement claims as companies develop their own platforms.”
Keri Marmorek
Hand in hand with increasing privacy claims, marketing activity is also coming under closer scrutiny.

“We are seeing an increase in litigation based on marketing promises, algorithm issues and plaintiff attorneys leveraging advertising and social media practices to make ‘profits over patients’ arguments.”
Keri Marmorek

The AI-linked liability chain

Perhaps the greatest emerging concern from an underwriting perspective, however, is the potential for AI to create a ‘liability chain’.

“In the event of patient injury, claims are likely to target all parties involved, including tech companies, physicians, and clients, due to the interconnected nature of AI-enabled healthcare solutions.”
Marc Martin
“I think people are seeing the need for a breadth of coverages. They see that the exposures could come from a tech product sale, from a medical product sale, from professional liability, from the use of technology delivering healthcare services or from a breach. That’s why we offer bodily injury and property damage in our tech E&O limits, our professional limits and cyber.”
Evan Smith

Strategies for success

Brokers/clients	Insurers and brokers
Guardrails and controls ensure data hygiene standards and guardrails are enforced – with particular focus on data sourcing and governance.	Work to add affirmative language within the definition of tech products, professional liability (PL), cyber and media liability products.
Support a culture that fosters unity of purpose and a sense of collective responsibility between platform, providers and professionals to improve risk management.	Prepare AI guidelines and a supplemental questionnaire to better assess and underwrite AI risks, particularly for health tech companies.
Carefully select counsel who understand both technology and medicine, local nuances as well as the corporate structure of virtual care companies. Recognise you may need to flex the team.	Encourage tripartite collaboration between insurer, broker and client to share information, maintain learning and fuel adaptation.
Hold a pre-bind meeting with claims teams to understand who will handle cases and ensure alignment on expectations and strategy.	Become a strategic risk partner by providing risk intelligence and educating teams on preventing the operational and cyber issues that drive today’s claims.

Complex claims, shared liability

The liability ecosystem

Claims are no longer isolated events. They increasingly involve multiple triggers, overlapping liabilities and extended legal chains.

Loss concerns vs claims reality

How perceived risks compare with the claims that drive loss frequency and severity

High loss + high claims activity	Emerging concern with established claims activity
36% of digital health and wellness executives worry about unfair representation – treatment, advice, qualifications and competence. 24% of executives are concerned about inadequate care due to human error. Claims reality: Medical negligence is the most frequent and severe cause of loss. Improper supervision is the 2nd most frequent and severe cause of loss	Cyber and data risks 32% of executives are concerned about cyber incidents, ransomware, data breach and system failure. Claims reality: Data privacy claims are the 3^rd most frequent cause of loss Claims activity is established, but frequency of cyber claims is higher than the severity of some of the claims.
Concerns over professional conduct, quality of care and treatment outcomes align with the most costly claims.	Privacy remains a key claims driver, while cyber risks now reach beyond data breaches to patient harm and disruption

High loss + high claims activity

Emerging concern with established claims activity

36% of digital health and wellness executives worry about unfair representation – treatment, advice, qualifications and competence.

24% of executives are concerned about inadequate care due to human error.

Claims reality:

Medical negligence is the most frequent and severe cause of loss.

Improper supervision is the 2nd most frequent and severe cause of loss

Cyber and data risks

32% of executives are concerned about cyber incidents, ransomware, data breach and system failure.

Claims reality:

Data privacy claims are the 3^rd most frequent cause of loss

Claims activity is established, but frequency of cyber claims is higher than the severity of some of the claims.

Concerns over professional conduct,
quality of care and treatment outcomes align with the most costly claims.

Privacy remains a key claims driver, while cyber risks now reach beyond data breaches to patient harm and disruption

Potential blind spots	Watch list
The risks generating claims are not high on executive risk radars Improper supervision (#2 – most frequent cause of loss) Breach of contract (#4 – most frequent cause of loss) Intellectual property (#4 – most severe cause of loss) Largest gap – misrepresentation and credential concerns Emerging gap – cross-border practice	High concern, but limited claims 29% of executives are concerned about providing care to patients/clients outside of the jurisdiction that they are licensed to practice in. 23% believe incorrect interpretation of data is a threat.
Concerns over professional conduct, quality of care and treatment outcomes align with the most costly claims.	Privacy remains a key claims driver, while cyber risks now reach beyond data breaches to patient harm and disruption

Potential blind spots

Watch list

The risks generating claims are not high on executive risk radars

Improper supervision (#2 – most frequent cause of loss)

Breach of contract (#4 – most frequent cause of loss)

Intellectual property (#4 – most severe cause of loss)

Largest gap – misrepresentation
and credential concerns

Emerging gap – cross-border practice

High concern, but limited claims

29% of executives are concerned about providing care to
patients/clients outside of the jurisdiction that they are
licensed to practice in.

23% believe incorrect interpretation of data is a threat.

Concerns over professional conduct,
quality of care and treatment outcomes align with the most costly claims.

Privacy remains a key claims driver, while cyber risks now reach beyond data breaches to patient harm and disruption

Executives worry about tomorrow's risks. Claims reflect today's realities.

"The risks keeping healthcare leaders awake at night are increasingly digital, yet the claims being paid today are largely driven by medical negligence and supervision failures. Looking ahead, losses are unlikely to be defined by technology alone, but by the intersection of innovation, clinical judgement and effective oversight."
Keri Marmorek, Claims Team Leader, Healthcare Claims

Data from Beazley’s 2026 Digital Health & Wellness survey. The claims rankings are based on Beazley’s healthcare-related claims from the past 10 years, ranked by cause of loss with the highest frequency and by the highest severity.

The misinformation multiplier

Plaintiff lawyers are increasingly active

The AI-linked liability chain

Avoiding litigation

Strategies for success

Brokers/clients	Insurers and brokers
Guardrails and controls ensure data hygiene standards and guardrails are enforced – with particular focus on data sourcing and governance.	Work to add affirmative language within the definition of tech products, professional liability (PL), cyber and media liability products.
Support a culture that fosters unity of purpose and a sense of collective responsibility between platform, providers and professionals to improve risk management.	Prepare AI guidelines and a supplemental questionnaire to better assess and underwrite AI risks, particularly for health tech companies.
Carefully select counsel who understand both technology and medicine, local nuances as well as the corporate structure of virtual care companies. Recognise you may need to flex the team.	Encourage tripartite collaboration between insurer, broker and client to share information, maintain learning and fuel adaptation.
Hold a pre-bind meeting with claims teams to understand who will handle cases and ensure alignment on expectations and strategy.	Become a strategic risk partner by providing risk intelligence and educating teams on preventing the operational and cyber issues that drive today’s claims.

Key takeaway

Rising privacy litigation, cyber incidents, misinformation and emerging AI-related exposures are making disputes more complex and costly. In this environment, fast, reliable and experienced claims handling, and long-term insurance partners should be a key requirement for insurance buyers.