Delay, Deny, Defend By Jay Feinman

Insurance: Protector or Perpetrator of the Middle-Class Standard of Living?

Insurance has long been a cornerstone of financial security for the American middle class. It safeguards essential aspects of life—a home, a car, health, education, and retirement—against unforeseen risks. Homeowners insurance provides funds to rebuild after fires; auto insurance covers medical and repair costs following accidents; health, disability, and life insurance mitigate the financial burden of illness, injury, or death. This system, rooted in ancient practices like Babylonian merchants hedging shipping risks, has evolved into a trillion-dollar industry in the U.S.

However, insurance is only effective when it delivers on its promise. A policy isn’t just a product—it’s a pledge. By paying premiums, policyholders rely on insurers to absorb risks they cannot afford. Yet, when companies fail to honor claims, the ramifications are severe. Unlike unmet expectations in other industries, where alternatives exist, denied insurance claims leave individuals with no recourse for coverage post-loss.

The "Delay, Deny, Defend" Strategy

Modern insurance practices have shifted from serving policyholders to prioritizing profits. In the 1990s, leading insurers like Allstate enlisted consulting firms like McKinsey & Company to overhaul claims processes. The result was a profit-driven model treating claims as a zero-sum game. By delaying payouts, denying valid claims, or pushing policyholders toward prolonged litigation, insurers aimed to minimize payouts and maximize profit margins.

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This transformation is evident in cases like that of Kim Zilisch, who faced persistent delays from State Farm after a devastating accident. Despite clear evidence of severe injuries, the company stalled for months, offering low settlements and withholding payment until arbitration forced their hand. Similarly, Terry Buttery endured years of bureaucracy and legal battles with Hamilton Mutual after a burglary, receiving his payout only after the Kentucky Supreme Court ruled in his favor.

These strategies violate long-standing industry principles. Claims departments, traditionally tasked with fulfilling insurers’ promises, now operate as profit centers. Adjusters, once empowered to assess claims fairly, are guided by computer algorithms and cost-cutting mandates.

Widespread Impacts and Lack of Oversight

The consequences of "delay, deny, defend" extend beyond individual cases. Homeowners face insufficient compensation to rebuild after disasters, and auto insurance claims frequently devolve into drawn-out disputes. After Hurricane Katrina, complaints to Louisiana regulators surged, and thousands of lawsuits were filed against insurers.

This issue isn’t limited to property insurance. Disability and health insurers like Unum have faced legal rebukes for denying claims in bad faith. Arbitrary denials of health insurance claims and fraudulent underpayment for out-of-network treatments have also drawn scrutiny. In one prominent case, insurers manipulated databases to systematically lowball reimbursements, prompting legal action from the New York Attorney General.

Despite the pervasiveness of these practices, consumers and regulators lack comprehensive data on claim outcomes. While state insurance commissioners oversee solvency and licensing, monitoring claim handling remains a low priority. Consequently, individuals purchasing essential insurance products—often without reliable comparative data—face significant risks if their chosen provider fails to deliver.

Exposing Industry Practices

The opacity of insurance operations shields these practices from scrutiny. Companies invest heavily in advertising to project reliability while using legal tactics to suppress whistleblowers and critics. However, insider accounts, litigation, and investigative reports have begun to reveal the systemic nature of these issues.

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Former adjusters like Robert Dietz, who left Farmers Insurance after witnessing the shift toward profit-driven claims handling, have shed light on these practices. Litigation against insurers has uncovered internal documents detailing strategies to deny or underpay claims, further corroborating these revelations.

The Path Forward

For insurance to fulfill its essential role, systemic reforms are needed. Regulators must prioritize transparency and accountability in claim practices, ensuring insurers honor their commitments. Consumers, too, require better access to reliable information about insurer performance. Only then can the promise of insurance—to protect against life’s uncertainties—be fully realized.

In the end, the industry's transformation underscores a stark reality: while insurance has the power to safeguard the middle class, unchecked practices threaten to erode the very security it promises to provide.

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