Delay, Deny, Defend
 | |
| Author | Jay M. Feinman |
|---|---|
| Language | English |
| Subject | Insurance law |
| Publisher | Portfolio |
Publication date | 2010 |
| Publication place | New York City |
| Media type | |
| Pages | 256 |
| ISBN | 978-1-59184-315-3 |
| OCLC | 430051363 |
| 368/.0140973 | |
| LC Class | HG8107 .F45 2010 |
| Website | delaydenydefend |
Delay, Deny, Defend: Why Insurance Companies Don't Pay Claims and What You Can Do About It is a 2010 book by Rutgers Law professor Jay M. Feinman, and published by Portfolio Hardcover, an imprint of Penguin Group.[1][2]
Contents
[edit]Delay, Deny, Defend is a critical exploration of the property and casualty insurance industry, examining how its practices affect policyholders. Feinman, a law professor specializing in consumer rights and insurance law, argues that the industry prioritizes profits over policyholders' needs, often using tactics like delaying or denying legitimate claims to bolster financial performance. The book attributes these practices to changes in the industry’s structure and goals, driven by the pursuit of investment income and cost-cutting measures.[1]
Feinman writes on the inner workings of major insurers, including State Farm and Allstate, and highlights real-world cases, such as Hensley v. Shelter Mutual Insurance, to illustrate the impact of these practices on consumers. He discusses the strategies insurers use to manage claims, including the use of computer algorithms and legal maneuvers, and critiques their potential to erode trust in the industry.[1]
Beyond its critique, the book offers practical advice for consumers, emphasizing the importance of understanding the inherently business-like nature of insurance relationships. Feinman provides guidance on evaluating and comparing insurers, filing claims effectively, and advocating for fair treatment.[1]
Reception
[edit]Morgan O'Rouke, writing in the journal Risk Management, praised the book as "a fascinating look at how we got here and what we can do to protect ourselves":[3]
"The motivation for this behavior can be summed up in one word: profit. These days, insurance companies are more interested in serving their shareholders than their policyholders. And the easiest way to increase the bottom line is to reduce the losses that come from paying claims. So they delay to take advantage of float (the lag time between taking in premiums and paying out claims) and maximize their earnings on invested premiums. Or they just deny any responsibility to pay at all and then defend their refusal- in court if necessary- in the hopes that the policyholder will give up when they exhaust their resources or the will to fight."
Christina Bramlet, the editor in chief of the insurance industry trade journal Claims Magazine, disparaged it as "[a]n inflammatory, self-proclaimed exposé":[4][5]
"It would be imprudent to say that readers should not lend any credence whatsoever to Feinman's litany of claimants victimized by the 'system.' As insurance professionals are undoubtedly aware, there are isolated incidents involving misguided employees or occasional lapses in judgment. However, it is altogether likely that any semblance of the truth may be eclipsed by Feinman's battle-cry rhetoric, which may primarily fuel contentiousness between policyholders and insurers and misconceptions about the claim process."
Legacy
[edit]The words "deny," "defend," and "depose" were found written on the casings of the bullets used in the killing of the UnitedHealthcare CEO Brian Thompson in late 2024, which news outlets The Daily Beast and CNBC connected to the book.[6][7] The shooter's hand-written messages, linked to the near-namesake book title, and the incident in general, became symbols of a resurgent widespread anger toward America's health insurance industry.[8]
References
[edit]- ^ a b c d Rosman, David (2017-03-17). "Book review: Delay, Deny, Defend: Why Insurance Companies Don't Pay Claims and What You Can Do About It". New York Journal of Books. Retrieved 2020-12-06.
- ^ "Jay M. Feinman | Rutgers Law School". law.rutgers.edu. Retrieved 2024-12-06.
- ^ O'Rourke, Morgan (March 2010). "DELAY, DENY, DEFEND: Why Insurance Companies Don't Pay Claims and What You Can Do About It". Risk Management. Vol. 57, no. 2. p. 43. ISSN 0035-5593. ProQuest 347590274. Retrieved 2024-12-05.
- ^ Bramlet, Christina (April 2010). "Delay, Deny, Defend". Claims. ISSN 0895-7991. Retrieved 2024-12-05.
- ^ Bramlet, Christina (April 2010). "Delay, Deny, Defend". ALM PropertyCasualty360. ISSN 2326-8670. Retrieved 2024-12-06.
- ^ Mangan, Dan (2024-12-05). "'Deny,' 'defend,' 'depose': UnitedHealthcare CEO killing shell casings had words written on them". CNBC. Retrieved 2024-12-05.
- ^ "Title of Book About Insurance Companies Matches Bullet Casings at Crime Scene". The Daily Beast. 2024-12-05. Retrieved 2024-12-05.
- ^ Stanage, Niall (2024-12-06). "UnitedHealthcare CEO's killing spotlights America's healthcare industry tensions". The Hill. Retrieved 2024-12-09.
Further reading
[edit]- "A twisted insurance ethos". The Philadelphia Inquirer. Philadelphia, Pennsylvania. 2010-04-25. p. D02. Retrieved 2024-12-05 – via Newspapers.com.
- Nelson, Deborah (April 2011). "Broken Promises". Trial. 47 (4): 54. ISSN 0041-2538. ProQuest 864526121. Retrieved 2024-12-05.
- "Making insurance work for you". Fort Worth Star-Telegram. Fort Worth, Texas. 2010-03-01. p. A2. Retrieved 2024-12-05 – via Newspapers.com.