MedMalPredict

Glossary · Legal Concept

Loss Reserves

Funds an insurance carrier sets aside to pay anticipated future indemnity and defense costs on reported but unresolved claims.

Also known as: case reserves, claim reserves, indemnity reserves

What it is

Loss reserves are the dollar amounts an insurance carrier holds on its balance sheet to cover the anticipated future cost of resolving claims that have already been reported. Reserves are estimates: they reflect the carrier's best forecast of indemnity payments, defense costs, and allocated loss adjustment expenses on each open claim, plus an aggregate estimate for incurred-but-not-reported (IBNR) losses.

How reserves are set

Claims professionals set initial case reserves shortly after a claim is reported, based on the alleged injury, jurisdiction, allegation type, and known facts. As the claim progresses through investigation, discovery, and motion practice, reserves are adjusted upward or downward to reflect the developing picture. Actuarial review applies aggregate corrections based on industry trends.

Why they matter in malpractice

Reserve adequacy is a recurring problem in medical malpractice because of the line's long tail and rising severity. Reserves anchored to historical averages or to recent (immature) accident-year severity figures tend to be too low. Reserve strengthening (increasing reserves on previously-set claims) is a recurring story in the medical professional liability segment.

In settlement strategy

For defense counsel and adjusters, the reserve set on a case is the working budget for resolution. A reserve well below the realistic settlement value forces difficult conversations with management at every settlement opportunity. Data-driven valuation tools that produce defensible payout-range predictions help adjusters set realistic reserves at the time of first report.