“I’m outraged by the growing element of corporate America that knowingly sells defective products that maim and kill, that creates dangerous blackouts through artificial energy crises, that uses fraudulent tactics to steal retirement benefits from employees, that deploys lobbyists to buy votes and neutralize regulators, and that reduces ethical considerations to a cost-benefit analysis.”– Ray Bourhis, Insult to Injury
The 2 biggest problems that must be solved to reduce fraudulent and bad faith conduct by insurance companies are:
1) The fact that individuals purchasing insurance at their workplace have no recourse if they are cheated by their insurance companies. This is so, even if they are bankrupted and their lives are destroyed.
The reason for this, is called ERISA PREEMPTION. The substance of this problem is discussed elsewhere on this website.
To eliminate this problem Congress simply MUST reform ERISA so that policies obtained in the workplace are afforded the same protections as policies obtained anywhere else.
2) When a policyholder’s rights are not preempted by ERISA that means the insured receives the protections and remedies provided by his state’s insurance laws. The problem is that due to lobbying by insurance interests, many states have totally inadequate policyholder protections. This fact places insureds in many states in the same type of leaking boat as the ERISA Preempted claimants. To remedy this problems all states should afford the same protections to consumers as those provided under through the laws and court decisions in the State of California.
Specifically, insureds illegally deprived of policy benefits should be entitled to obtain compensation for all resulting damage including:
a. of all the past and future benefits owed,
b. consequential damages if they have lost savings, homes and other assets.
In addition, as in California, insurance companies should be deterred from profitable misconduct by providing judges and juries with the authority to award punitive damages in cases involving clear and convincing evidence of malice, fraud or oppression.
The need for insurance reform is not just a problem for Republicans.
It is not just a problem for Democrats.
It is a problem for ALL of us.
The insurance industry and its lobbyists have taken away your ability and your right to protect yourself from even the most criminal misconduct. They have used “political campaign contributions” and pressure-group influence to give insurers a license to steal from YOU. By enacting Federal laws the lawmakers have given rights and immunity to insurance companies that no other institutions enjoy.
This is outrageous and completely unjust.
This MUST be changed.
What can YOU do?
Help Lobby Congress!
Call three people. (1) the Chef of Staff in the home (local) office of your congressional representative. (2) the chief of staff for both of your state’s US Senators.
Tell these individuals that you are outraged to learn that people who purchase health or disability insurance at their workplace lose all their rights and protections against fraud and bad faith by their insurers.
Tell them that these same individuals have NO protections against such corporate wrongdoing under federal law.
Tell them you want your representative to support ERISA reform in congress. That you simply want ERISA to DEFER to state regulations and protections rather than to eliminate them. Follow up these calls with personal letters directly emailed to your representative and to each of your two US Senators.
In your letters confirm what you called about.
Write Your Newspaper
Contact the editor of your local newspaper to support the editorial board ERISA Reform. Click here to read the Request for Support you may use to help garner support for this effort.
Visit InsuranceConsumers.com for detailed information about insurance policies and how to make sure you get the coverage you pay for!