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"Good Faith" Goes Down

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Friday, June 8, 2007   

One of the casualties of the 2007 Minnesota Legislative session was the so-called "good faith" bill. Minnesota Association for Justice spokesman Chris Messerly says the legislature didn't act on the bill that would have required insurance companies to deal with claims promptly and fairly.

“We're one of only four states in the nation where insurance companies are not required to treat citizens with 'good faith.' Every consumer who pays a premium deserves to get exactly what they paid for.”

He notes that while most insurance companies do what they agreed to, some delay payments, offer lower amounts for claims or force policyholders to go to court to collect. Insurance companies say the legislation would encourage lawsuits and drive up costs.

But Messerly points out that the bill only required insurance companies to meet their obligations.

“Many people have had a case where they have a $5,000 loss, and an insurance company may say 'Well, we'll give you $3,000 for it.'
There isn't a lot under Minnesota law that Minnesotans can do. And, we're hoping people have an opportunity to get exactly what they pay for. So, if they pay premiums for a $5,000 policy, they should get all of that $5,000 when, in fact, there is a loss in that amount.”

He adds insurance companies that pay all legitimate claims shouldn't oppose the legislation, but for those who don't meet their obligations, the proposal would address that. Consumers can pursue a claim against an insurance company, but under current law, Messerly says it's rarely worth the time, effort and expense.

“If they take out all the court fees and all the costs and inconvenience over time from what they'd recover, which is only the full amount of the policy, that the person suffers. So, if they're out of a roof on their home, and they have to rent a hotel room, they couldn't get any money for the hotel room and all the money they're out. We just want to level the playing field for consumers with the insurance companies we're all required to deal with.”

He says the proposal will likely be back before lawmakers next year.

More information is available online at www.mnaj.org.



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