Houston Chronicle

Will ‘blue tarp bills’ help Texans?

Lawsuit reform effort weakens protection­s for consumers

- By Ware V. Wendell Wendell is executive director of Texas Watch, a nonpartisa­n citizen advocacy group that has worked to protect policyhold­ers since 1998.

Your property rights are under assault at the Texas Capitol. Insurance lobbyists and their allies at the self-styled “Texans for Lawsuit Reform” are pushing legislatio­n that will mean insurance companies pay you as little as possible as late as possible. HB 1774 and SB 10, better known as the “blue tarp bills,” strengthen the hand of insurance companies in property claims disputes. The end result is homes, businesses, schools and churches will be blanketed in blue tarps after storms when they’re cheated out of their policy benefits.

Residents of Houston are no strangers to bad weather and know the stakes. Protection from nature’s fury is one of the main reasons we buy insurance, but we’ve been paying more for our policies while receiving less in coverage for many years now. We pay our hard-earned premiums each year in exchange for a promise that our insurance company will be there for us in our time of need. But too often, insurers abandon their customers, denying claims, wrongly asserting damage is minimal or pre-existing, underpayin­g, delaying payment — the list of games played to pad the bottom line goes on and on.

Texas homeowners insurers have made over $4.5 billion in profits since 2012. The longer insurance companies can hold on to our money, the more profits they can reap through investment­s in the stock market. That’s why we have policyhold­er protection­s on the books in Texas. We all know that our system of bureaucrat­ic regulation favors powerful insurers over Texas homeowners and businesses. Only the ability to enforce strong laws in court pries policy benefits back from insurance companies and ensures prompt payment.

The blue tarp bills weaken policyhold­er protection­s. The legislatio­n slashes the penalty insurers face for slow payment, forces most insurance disputes into our overburden­ed federal courts where it takes twice as long to receive justice, and threatens access to justice for property owners who won’t be made whole if they guess incorrectl­y before suit about the amount the jury will award. The cost, delay, and uncertaint­y the bills create only works to thj advantage the insurance company and the disadvanta­ge the property owner.

Without the ability to hold your insurance company accountabl­e, you are at their mercy. Is it any wonder, then, that insurance companies and their allies are pushing an agenda at the Capitol to gut your rights? Imagine after the next storm hits, calling your insurance company to make your claim and being told “no.” This is the second storm of insurer abuse, and it’s bearing down on every Texan unless the blue tarp bills are stopped.

Official data shows insurers paid 10 percent fewer hail claims after massive storms and refused to reopen claims files in significan­t numbers until policyhold­ers were forced to take their claims to court. These trends will only worsen if insurers face less accountabi­lity for cheating their customers. Giving insurance companies more power is a recipe for man-made disasters following natural disasters.

Texans don’t want this. A recent survey of active voters conducted by Hill Research Consultant­s, a nationally respected Republican public research organizati­on, found overwhelmi­ng majorities of Texans want to increase or maintain policyhold­ers’ legal rights. The support spanned the political spectrum with 83 percent of Democrats, 87 percent of Republican­s, and 89 percent of tea partyers holding this position.

Instead of underminin­g your ability to demand fair treatment, lawmakers should consider stronger legal remedies that impose stiff penalties on insurance companies caught cheating their customers. No system is perfect, of course, but independen­t judges and citizen jurors do a better job than Austin bureaucrat­s when it comes to holding insurance companies accountabl­e.

If you agree policyhold­ers should be protected, now is the time to raise your voice in opposition to the blue tarp bills. Lawmakers are hearing from insurance lobbyists each and every day this session. But they were sent to Austin to work for you.

 ?? Jerry Lara / San Antonio Express-News ?? Bills that proponents say would rein in lawsuit abuse are a hotly contested issue during the 85th Legislatur­e. Opponents say the socalled blue tarp bills will weaken consumer protection­s.
Jerry Lara / San Antonio Express-News Bills that proponents say would rein in lawsuit abuse are a hotly contested issue during the 85th Legislatur­e. Opponents say the socalled blue tarp bills will weaken consumer protection­s.

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