Good Guys vs. Bad Guys
There are some fights where you simply cannot sit on the fence. You have to choose what you stand for, who you want to help, and fight for what is right versus what is wrong.
You know that the people supporting you are "good" and the other guys--those that support cheaters and do not want to be accountable for their broken promises-- are simply "bad."
We have that fight going on in Mississippi as indicated in a story filed by Anita Lee. The Mississippi Policyholder Bill of Rights needs to be in legislation and regulation. It needs teeth. It needs to be enforced. Deborah Trotter has been leading our efforts to get something passed that is not a watered down form over substance piece of paper.
The problem is the insurance companies are very powerful "bad guys" when it comes to legislation giving their customers an even hand. Insurance companies are not people. They are mere fictitious entities filed under law. They do not breathe, bleed nor die. They can, and have, accumulated more money than most of people can imagine. By law, these fictitious paper entities are supposed to serve a public purpose. They agree to abide by laws required under licenses for which they voluntarily apply.
In Mississippi, there are people who will be "bought off" by the insurance companies. They are the insurance company lobbyists, lawyers, publicists, and employees that will do everything they can to prevent laws and regulations that support the rights of the insurers' customers. The insurers will influence patronage of bad public servants through donations and money. They have done this for a long time and have many supporters dependent on the largesse spread by the insurance support industry. These are the "bad guys."
This fight is not about the interpretation of a law or contract. It is not about how much an insurance rate should be or a lawsuit about whether a promise or duty has been violated.
This is a fight, like so many in different venues, where people are simply trying to make laws that force insurance companies to uphold promises and duties owed to the people that are to them, the customers. There can be nothing wrong with making laws that hold insurance companies accountable for breaking contractual promises and duties they agreed to abide by when getting their licenses.
Most people do not look at their insurance policy until loss or damage forces them to. And most will agree that trying to find confirmation of coverage is not as easy as expected. Typically, insurance policies are very long and the various coverage provisions and exclusions can be confusing and sometimes ambiguous.
This scenario became glaringly apparent in the aftermath of Hurricane Katrina. Many policyholders found themselves in a very uncertain world, trusting soley on their relationship with their insurance carrier only to be denied coverage based on an exclusion they had never heard of. And oftentimes worse, many policyholders did not receive many benefits under their policy because their insurance adjuster did not inform them of the coverages and benefits available to them.
In an effort to prevent this unnecessary chaos in the future, several Mississippi lawmakers have recognized the importance of legislation to ensure that the citizens of Mississippi are aware of their rights as policyholders and informed of any exclusions in their policies that would be cause for denial of coverage. Unfortunately, these measures have not yet made their way to the Governor.
The Mississippi lawmakers are back in Session on January 6, 2009. We are in the process of preparing and pitching an Insurance Modernization Package to our lawmakers that will include, among other measures, a Policyholder Bill of Rights and other important legislation that will provide for timely payment of claims and penalties for noncompliance and unfair trade practices.
So far, this has proven to be an uphill battle in Mississippi, but one worthy of pursuing. The citizens of Mississippi are not insisting on anything that the insurance carriers are not already obligated to do in many other states across the nation.
In the typical, hospitable Mississippi fashion, Mississippi has focused on the needs of their business guests first. As Mississipians rebuild their beautiful coast, they are acutely aware of the need for a fair and balanced co-existence with their insurer. It is now time to focus on the needs of the citizens of Mississippi.
Stay tuned....we are in for a promising year!
Deborah
(Attorney, Merlin Law Group)