Washblog

Ref. 67: Insurance industry's attempt to repeal consumer protection

A public service reminder: Ref. 67 is an effort by the insurance industry to reverse a very pro-consumer piece of legislation. The new law simply demands that insurance companies pay legitimate claims, and that they pay a penalty for denying and thus defrauding legitimate claimants.

Anybody who has seen "Sicko" will understand that there is substantial motivation (greed) to deny and delay legitimate claims. It is sad that we need this law to protect us. The size of the campaign fund is roughly proportional to the reality of the problem. If the abuse didn't exist, there would be no reason to fight the law.

Progressives and consumer rights activists are going to need to arm themselves to retain this pro-consumer, anti-insurance industry abuse Act.  The first step is to be clear about what Senate Bill 5726 does. According to the Final Bill Report,

"To succeed on a claim of bad faith, the insured must demonstrate that the insurer's denial of the claim was unreasonable, frivolous, or unfounded. Additionally, an insured may bring a claim under the Consumer Protection Act if the insurer's denial of a claim amounts to an unfair or deceptive trade practice."

The insurance industry is lying when it says this Act will raise your insurance costs, unless they didn't budget for legitimate claims, in which case you have the wrong insurance company. Shame, shame, shame on State Farm for bankrolling this  campaign. Didn't their Katrina (non)response teach us anything? Cheaper isn't always better.

We can thank Sen. Brian Weinstein and the Senate Consumer Affairs Committee for the Insurance Fair Conduct Act ESSB 5726. Weinstein's web site states that insurance companies often deny claims as a negotiation tactic. Consumers without good representation often settle for less than they deserve, given the mounting bills and, often, the looming threat of personal bankrupcy.

Weinstein is a successful trial lawyer. The insurance industry hates him.

Search for the bill at the legislature's site: www.leg.wa.gov. Go to Bill Information and enter: 5726. See Final Bill Report for a good summary.

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