Member Update From Rick Mills

April 2025

We understand the cost of insurance is a concern. We created a new resource to help explain the factors increasing the cost. We encourage you to talk with your broker about it and ways we can partner on mitigating and transferring risk.

**NEW** Liability Market Insights: Factors Increasing the Cost of Insurance

These additional resources found on our Market Insights page, including external reports, provide further context about the challenging litigation environment.

• SwissRe Institute published this study on litigation costs driving claims inflation includes global comparisons.
• Risk & Insurance article Building an Effective Defense Against Nuclear Verdicts: Key Strategies for 2025 outlines how proper defense and prevention tools can help.
• Large Loss Report 2025 summarizes publicly reported major damage awards and settlements that affected K-12 schools, colleges and universities in 2024.

We hope you find these resources helpful and welcome your feedback. Contact UE Support if you need assistance logging into your My UE account.

As always, you or your broker are welcome to contact your underwriter with any account-specific questions.

Best,

Bryan Elie
Vice President of Underwriting and Product Development

April 2025

On April 17, the Supreme Court issued a ruling involving United Educators member Cornell University. The court reversed the appellate court and remanded the Cunningham v. Cornell case back to the trial court.

The Court’s ruling unfortunately increases the risk of litigation against our members at a time when they already face considerable challenges. Importantly, the Court acknowledged potential consequences of its decision and provided guidance on procedural rules available to trial courts to minimize them. We will continue to defend Cornell in the case and consider ways to help our members navigate the increased risk created by this decision so that they do not need to divert resources from their essential teaching and research missions to defend meritless lawsuits.

The case centers on how colleges and universities manage their 403(b) retirement plans under the Employee Retirement Income Security Act (ERISA). You can read the decision here.

We thank Cornell, the appellate team and the more than 20 organizations filing amicus briefs including the American Council on Education, the U.S. Chamber of Commerce, and AT&T.

This is the sixth time UE has supported a member all the way to the highest court of our country. I want to assure you that we stand by our commitment to defend our members when matters of principle arise.

We will review the ruling and consider ways to help our members navigate related liability concerns.

Ellie Kennedy
Vice President of Resolutions Management and General Counsel

November 2024

Our members, brokers and partners are crucial in shaping the resources we offer on real-world risks education faces. Two recent events we hosted in Bethesda, Md., highlight how our shared insights help United Educators’ service to education.

At the Counsel Advisory Conference (CAC) on Oct. 10-11, general counsel from member schools and defense counsel discussed insurance and education trends. Key topics included legal issues, risk management and challenges in the insurance market.

One session examined the ever-changing playbook of college athletics — a complex and evolving area of law in higher education. A presentation on the Reptile Theory gave attendees practical insights on how to combat this litigation strategy that is driving up the cost of claims.

From Nov. 14-15, campus risk managers and partners joined us for the Risk Management Advisory Committee (RMAC) meeting. They shared valuable feedback from K-12 and higher ed campuses. We had a timely discussion of the national education context amid the upcoming government transition.

Sessions also covered student mental health, campus unrest and strategies for addressing sexual misconduct at a time of increasing litigation and complexity.

We appreciate everyone who contributed to these discussions and all our partners who support the vital work of education. Learn more about our Market Insights.

Wishing you a safe and happy holiday.

Ellie Kennedy
Vice President of Resolutions Management and General Counsel