Social inflation, or nuclear verdicts, has emerged as one of the biggest threats facing insurers today — even with a looming pandemic. But it was about 10 years ago when the wave began, Don Keenan, principal at Keenan Law Firm and author of "Reptile: The 2009 Manual of the Plaintiff's Revolution," told ALM sister site the Daily Report. It was at that time when Keenan and the book's co-author, David Ball, released their "reptile theory," which relies on appealing to jurors' portion of the brain that evolved first and where survival instincts kick in whenever a threat is perceived.

Since then, insurers have been fighting savvy plaintiffs attorneys who leverage fear to win over juries.

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