• Insistential Risk—as defined in Insistential Risk White Paper §1-2 is a self-inflicted, institutionally sustained exposure arising when known data-handling or contractual defects are ignored for revenue or expediency.

• Modern data monetization practices can invalidate insurable interest at policy inception and produce fraud-at-inception exposure under the same public-policy logic that voided wagering contracts in Warnock v. Davis, 104 U.S. 775 (1882).

• Absent documented legitimate interest in processing policyholder data, carriers risk breach of fiduciary, privacy, and solvency duties.

• The Own Risk and Solvency Assessment (ORSA) framework currently omits these data-equity liabilities, creating potential false-solvency attestations.
  Implementing a Digital ORSA program with explicit data-equity inventory, consent controls, and restitution reserves this provides measurable risk-mitigation and defensibility.

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