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Insurance Comedy Doesn’t Sell

Posted by: Joel Bieber | Comments Comments Off

Thursday, July 26th, 2012

We now have learned that it’s not only Robert Pattinson who carries sorrow today. It’s also all of those insurance commercial spokespeople that are in the heartbreak line. USA Today says that the funny ads are not paying off.

Market share statistics are leading advertisers to the conclusion that funny insurance ads are probably only expensive chuckles. When I started reading the USA Today article, I immediately became concerned about “Mayhem”. He’s my favorite.

Since 2007, Geico, Progressive, State Farm and Allstate now rank among the USA’s 20-most advertising products. Last year, Nationwide spent more than 200 million and it reports losing more than 9% of it’s market share. Of course, I have yet to find anyone who thinks that the “World’s Greatest Spokesperson” is funny or persuasive; so maybe Nationwide should just focus on fairly paying claims instead of that nonsense.

In advertising, the goal is always to get noticed. Just like legal advertising. I’m not sure if that means that President David Palmer works or not. (you had to be a “24″ Fan to understand)

More insurance companies are trying to get more done online. That’s why Allstate paid over a billion dollars last year to acquire Esurance, which was totally built online.

Is Flo going to be replaced by Flobot and have we seen the last of the Gecko? Statistically, State Farm’s growth has remained flat for the last 3 years. I guess the “discount double-check” didn’t bring enough checks.

It is a competitive industry. USAA jumped in with their first national advertising campaign that makes it look like it’s quite a privilege to pay premiums over many generations. Since I have recently filed suit against USAA on behalf of a client who did not receive his available medical payment coverage; that advertisement just makes me want to give them the look.

I wonder what would happen if one company would step forward and advertise that they were going to fairly pay claims. Now that would shake up the market! (Guess you can tell, I’m a little biased)

For pic o’ day, here’s a “new technology” idea for all these companies:

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Categories : Insurance Law, Web/Tech

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The Power of Kind Words

Posted by: Joel Bieber | Comments (2)

Monday, September 5th, 2011

In 2007, The Commission of the Arts and Humanities asked 16 artists to create public exhibits, to be placed in a six block radius of Washington, D.C. Artist Tom Greaves designed a bright red and white striped box that he called “The Compliment Machine”.

Greaves’ box contained a speaker, a car battery for power, and an MP3 player. He recorded more that 150 compliments that he and his wife ”came up with”. The compliments included “you never take the easy way out”; and, ”People are drawn to your positive energy”.

When Greaves came up with the idea, he admitted that he was a bit cynical about it. As he put it together, and saw people walk by the box, he noticed that many stopped and smiled.

The box was the hit of the arts project and garnered national attention. The article I attached above, was from his appearance on The Today Show. Even though it was just a box, it was a reminder that people like to hear words of encouragement.

When I begin my representation of a new client, I initially contact the defendant’s insurance company to see if they have taken a recorded statement of my client, pre-representation. If so, Virginia law requires that they send that statement to me. Not surprisingly, they usually do not initially offer that to the individual.

When I read the statement, it normally reads very business-like. The interviewing adjuster is just asking questions about the accident and whether my client was hurt or getting treatment. Sometimes, these statements can be as long as 3 or 4 pages.

I cannot recall a time that an adjuster said something like, “I’m sorry this happened to you”; or, “I hope that you get better”. Many times, I have initially been called because that adjuster contact was such a bad experience for my client. I’m sure that the adjusters would say that they were just doing their job.

For business purposes, I hope that they don’t change their methods. They might be surprised by the result, if they just showed a little kindness.

When I read about that “Compliment Box”, it was a reminder to me that just as I like to be complimented, so does everyone else. A kind word doesn’t cost anything. It’s important to not get so busy, and just take time to be an encouragement.

Here’s pic o’ day. Hope you had a great Labor Day that might have included a picnic. Just not this guest!

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Categories : Insurance Law

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Insurance Price Now, Worry Later?

Posted by: Joel Bieber | Comments (4)

Monday, June 6th, 2011

I remember reading a story about F. W. Woolworth (that’s my way in trying to give credit without source) opening its first store. At the time, it was a new concept to open a 5 and 10 store, which supposedly meant that you could really buy something for a nickel and a dime.

When the Woolworth’s opened, a competitor across the street hung out a sign that said, “THIS SAME SPOT FOR FIFTY YEARS”. In response, Woolworth decided to spin it by also hanging their own sign that said, “A WEEK OLD. NO OLD STOCK”.

I just received a monthly “Media and Advertising ” blog from the NY Times online edition. It tells about a new business that has just come to market, that calls itself “StarGreetz”.

StarGreetz is a social media company that interacts with people through social media like email, videos, ringtones and greetings. Celebrities are paid to record messages that speak names and then deliver messages. An animated Cinderella might contact by phone or email; Or, Joe Namath or Reba McIntire may be on a message that says “Hey (insert your name), this is Joe Namath or Reba calling. Don’t forget about the sale at Target”.

In the world of insurance advertising, the only thing that the insurance ads seem to focus on is pricing. No advertisement discusses what happens after we get the coverage.

Part of the process is that no one really thinks that they are going to cause an accident by not paying attention. Plus, if they are in an accident, it’s only because someone else is at fault and that person better have insurance.

The advertising is like Woolworth’s. Spin it for maximum attention. The insurance companies are all trying to get our attention on why their price is better. They “reward good drivers” or they “take a snapshot”, or “15 minutes could save you”.

There’s nothing about what happens when you try to get help from the call center. Or, why can’t you get a rental car, and why are they insistent on you providing three estimates, or going to the body shop that they tell you to go to.

All of a sudden, that price thing doesn’t matter a whole lot if all you are really getting is a card that says that you have coverage. It kinda feels like the fake importance of a celebrity calling. The celebrity may get our attention, like a lower price quote; but in reality, there is no substance there when it comes to needing coverage and service.

Most probably believe that price is the only thing that matters. If the law didn’t require coverage, they might not even carry it. Insurance companies have figured out that price is our hot button and, apparently, that’s all that they advertise and focus on for consumers.

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Categories : Auto Accidents, General Law, Insurance Law, Truck Accident, Web/Tech

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Loss of Consortium:Impact on Family

Posted by: Joel Bieber | Comments (1)

Thursday, June 2nd, 2011

Plastic surgeon Dr. Maxwell Maltz tells the story of a woman who came to him for help. She told the doctor about her husband, who had been injured in a fire while trying to save his parents from a burning house.

Unfortunately, the man’s rescue attempt was unsuccessful and his parents died in the fire. It left the man’s face burned and disfigured. He was physically and emotionally scarred. He then believed that his pain and disfigurement must have been because God was punishing him. After that, the man would not go out in public and didn’t even want his wife to see him.

When the wife relayed this story, Dr Maltz told her not to worry, “I can restore his face”. The wife did not react as Dr. Maltz expected because she knew that her husband had repeatedly refused help, and that he would not seek treatment from Dr. Maltz.

Dr. Maltz then asked why she had come to see him, if her husband would not let him operate to fix the disfigurement. “Because” she said, “I want you to disfigure my face so that I can be like him. If I can share his pain, then maybe he will let me back in his life.”

Dr. Maltz denied her request but was so moved by her sincere request that he was determined to speak to the husband. Knocking on the man’s bedroom door, he called out loudly, “I’m a plastic surgeon, and I want you to know that I can restore your face.”

There was no response from the other side of the door. “Please come out”. Again, no response from the man.

Still speaking through the door, Dr Maltz then decided to tell the man about his wife’s request. “She wants me to disfigure her face, to make her like yours, in the hope that you will let her back into your life. That’s how much she loves you.”

There was a brief moment of silence. Then, slowly, the doorknob began to turn.

In Dr. Maltz’s story, we see the injuries to the man. We also see the impact of those injuries on his wife. I can think of many instances, when injuries suffered by my clients, have greatly impacted others in their family.

In many states, the laws allow a claim for a loss of consortium; These loss of consortium laws allow the spouse of the injured person; and sometimes, other family members impacted by the injuries or disability, to bring a related claim for damages, that is connected to the underlying injured client’s claim. In Virginia, the insurance industry has done a good job in making sure that the law does not recognize such claims as an avenue of recovery. Virginia does not recognize any claim for loss of consortium.

When you hear politicians brag about some bill that they have sponsored, to make Virginia “business friendly”; that sometimes means that there will be state economic benefits and more jobs. However, it may really mean that there will be restrictions on a person’s right to economic recovery and and that there will be caps on recovery damages.

Such “business friendly” politicians may brag about their support of such caps and restrictions. In doing so, they may really be relieving the true responsible party (defendant) from paying for the damages that have been caused. When that happens; instead of the responsible party paying for the damages; more likely, either the government or you and me become responsible.

In serious cases, the injuries still exist. Lives and families are still impacted. Behind some closed doors, there are people that have no legal recovery to pursue.

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Categories : Uncategorized

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Just A Multiplier

Posted by: Joel Bieber | Comments (5)

Friday, January 21st, 2011

Some of my negotiations with adjusters get a bit annoying. OK, “many” get annoying. I will submit a settlement package and then wait a couple of weeks. Soon, the old “I need more information” call comes back. Then, the information requested appears only to be a delay tactic.

I understand the potential of delay in the world of negotiation. I am told that the Japanese are some of the greatest negotiators on earth. Part of their success is simply waiting out the other side. I have heard it called “Negotiating the terms of negotiation”.

Dealing with insurance companies does not always mean that there is a real purpose to the evaluation and negotiation. When I finally receive the initial offer, many times it will be just a little bit above the medical bills. Once again, I accept the concept of getting “the ball rolling”.

Whenever I get an offer that is within range or even if it appears a bit insulting, I ask the adjuster how they arrived at that number. Sometimes, I do get some good answers that cause me to try to get more information to that adjuster to consider.

Many insurance companies are strictly based on numbers and computer programs. In this way, they are able to hire college graduates who have little training in claims and evaluations. Then, when the settlement packages are sent to them, they simply fill in the numbers and the computer tells them what to offer. Based on their silence to “why did you offer that?”, I’m guessing that there is little training on the “Why”.

The real purpose of this blog is to post the following presentation called “Numbers at Work”. It comes from the website Ted.com. You might be surprised by all the presentations that you find there, if you have never been to the site.

This blog posted presentation is dubbed “Mathemagic”, because of the amazing mathematical feats that are performed. It is a reminder of how numbers can really have a purpose. Well, I hope you will click on it and watch. It’s about 10 minutes long.

Maybe, the adjusters that read this blog will incorporate some of the multiplication on my client’s settlement packages! Well, I can dream, can’t I?

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Categories : Uncategorized

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Insurance Company Hatred?

Posted by: Joel Bieber | Comments (37)

Sunday, May 16th, 2010

It would be so peaceful to blog about starting a children’s book called “The Dog Who Eats Pancakes”. I could make it a story of health by discussing that pancake dog doesn’t only eat pancakes, because he doesn’t want doggy tires around the waistline.

Think of it as a possible story of teamwork. Since dogs don’t have opposable thumbs, they can’t open up the pancake batter box to make their own pancakes. They need to rely on others and teamwork brings great joy (and pancakes). That inexplicable thumbnail on the side of the paw, doesn’t even work well in turning on the grill.

Sure, that sounds like a framework but it doesn’t work real well for a legal blog. Instead, I write about an adjuster who asked me, “Why do you hate insurance companies so much?” I blog about the story of insurance that I see happening.

An ESPN article by Bill Simmons, described how the Miami Heat won the 2006 NBA basketball championship. According to the unedited TV camera video that never made it to air during the game, their coach, Pat Riley, threw away his clipboard and plays, and just screamed at his players during timeouts, like some boxing corner man:

”You’re tougher than them! YOU’RE TOUGHER THAN THEM! Don’t let up! They are ready to quit! They are ready to fold! Keep attacking them! Keep getting to the rim! Keep knocking their a**es down! No layups! No dunks! Stay together! YOU ARE TOUGHER THAN THEM! YOU ARE TOUGHER THAN THEM!”

I smiled when I read that, because it mirrors what happens to me during the work day. For instance, I resolved two claims last week that were just about to go to trial. At the time when I originally filed suit, about 8 months ago, one had an offer of $2500 and the other, an offer of $9000. This week, they settled for $30,000 and $25,000 respectively.

Nothing had occurred to make the claims worth more. In fact, they probably settled for a little under value at their current amounts. When I originally asked each adjuster why such a low offer, they both basically indicated, “it’s just what I have on it”.

If you google insurance companies, you will see that they show increasing profits and increasing policy holder premiums. Meanwhile, they spend large amounts in lobbying, to fight insurance regulation. Their sole purpose is to generate a profit.

When you see TV ads about purchasing car insurance, the ads are usually focused on saving money. I can’t remember one ad about treating people fairly or trying to fairly resolve claims and not clog the court system. Instead, they try for humor, or to generate a good feeling about their spokesperson or how quickly or easy it is to get a quote.

In my opinion, there is nothing wrong with wanting to turn a profit. There is nothing wrong in fighting legislation and regulation, if you are a business and you think that such enactment will hurt your business. However, when you fight for profit and you do so by acting in bad faith, fraudulently processing claims or simply breaking the law, you should have to pay for those harms.

See, I can get myself riled up pretty quickly. It irritates me to get offers that are generated by some computer program of the insurance company, that has no bearing on the claim, until it gets transferred into their litigation section, where the computer now views the claim differently. Meanwhile, the message is put out that the people that are hurt, are viewed as greedy, frivilous or overreaching. You can see how I start saying in my head, “You’re tougher than them; right is on your side; you’ll outwork them!”

I throw away the clipboard and just get ready for trial. Ultimately, insurance companies will either accept responsibility and pay, or face the music of the jury verdict. For now, business as usual for them is just to put off paying, until they have to pay. At least that’s my experience.

Maybe someday I’ll get to write about a dog and his pancakes. For now, who is up next? That knock at the insurance door, Adjuster, might tear your playhouse down on this next case. Now why do you think that he would ask me if I hate insurance companies?

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Categories : Insurance Law

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Virginia Fraud Fighters

Posted by: Joel Bieber | Comments (36)

Wednesday, May 12th, 2010

The prospective client called and asked if we would meet him at his business. “Of course”, I said, since we advertise that “we will come to you”. Upon arrival, we asked to see “Jim”. (I use that name for confidentiality and I once heard a story about a mule named Jim)

Prospective client “Jim” came walking out, from behind his counter. He had a sledge hammer in his hand. That caught my attention and I half wondered if he thought that was how to negotiate a legal fee. He asked if we wanted to see his car first, before discussing the case. We followed him to the parking lot. Then, he began to raise the sledgehammer toward the car bumper and asked how much damage we wanted to his car, “to make the case worth more”.

Needless to say, except for the frightening memory of that event, I have no other story to tell about that case, as we quickly found ourselves travelling down the highway, without a client. I left him, his case and his sledgehammer behind.

The Virginia State Police are running a full page advertisement in the newspaper that honors eight of Virginia’s top fraud fighters. Each of the recipients of the Fraud Fighter Awards have taken some action to stop insurance fraud. They correctly state that, ultimately, everyone pays a price for insurance fraud. That’s why, when I see a mention of insurance fraud, my mind goes back to that sledgehammer story. I wonder if “Jim” is still out there. I suspect that he got rewarded in a way that he didn’t expect.

Conversely, when I see campaigns against insurance fraud, I wonder why there is no mention of insurance companies or adjusters, who have committed fraud this past year. In my experience, it’s not just a one way street. Collecting premiums, with an intent to figure out a way to keep from making payment to the insured, also constitutes fraud.

Virginia has a code section (8.01-66.1) that deals with insurance companies that deal in bad faith. In my practice, I see it. For instance, I recently submitted different medical payment packages to the same insurance company, on behalf of different clients. The packages included the full billing, coding and all information relating to the treatment. In fact, the coverages were the clients’, since these three carried medical payment coverage on their car insurance. Medical payment coverage is an elective coverage that costs a small extra premium, to help pay medical bills resulting from a car crash, without consideration as to who is at fault.

In these submitted packages, a form letter came back that basically said something to the effect that no payment was forthcoming, until all information about the bills was submitted that related to when the treatment occurred and what kind of treatment was included. Of course, these original packages had correctly included such information. This insurance company apparently had come up with the idea to delay payments by sending out these “we need more information” letters.

I wrote a form letter response to the three different adjusters that had sent these form letters. I reminded them of the package that had been sent, that had included all the information that had been requested in the “delay payment letter”. My letter may have also said something about preserving all evidence and their file, so I could document their bad faith handling, at a later date. I might have even sarcastically asked for the middle initial of the adjuster on the letter, so I could make sure that the “fraud plaque” I was sending, would properly show the full name. OK, maybe I’m getting a bit revved up. Imagine, full payment checks showed up within 7 days, without any other explanation.

The point of this blog is that insurance fraud is bad. It hurts deserving clients and it logically causes premiums to increase. However, I don’t think that insurance companies should get a free pass on their conduct either. A quick google of insurance bad faith brings up a lot of examples of insurance companies not acting in good faith. As I have said in a few prior blogs, the fight continues! I wonder what ever happened to Jim the Mule?

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Categories : Auto Accidents

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Bottled Water or Just Tap

Posted by: Joel Bieber | Comments Comments Off

Wednesday, November 4th, 2009

I was just reading an article on "100 things that Restaurant Staff Should Never Do" and I found myself nodding in agreement on many things. It also made me thankful that I don't own a restaurant. In addition, I found the one "No No" that I listed as the blog title, as an analogy to some of the negotiations that have been taking place, on some of my cases.

I misplaced it to attach but I read an article last week, that gave a bunch of suggestions on how to be more effective. One included calling insurance adjusters on a Friday afternoon, when they are in a good weekend mood, to get more money put on claims. It made me think of the good old days of negotiation.

When I first began practicing law, I thought that building personal relationships with insurance adjusters would be a good idea. Plus, even though we were on opposite sides of the column, in my mind, adversity didn't mean that I had to be adversarial. When I would settle a claim, I would usually go to the insurance company office and pick the check up and introduce myself to the adjuster. In fact, I even regularly played basketball with adjusters from Allstate and State Farm.

I distinctly remembered when it all started to change. A supervisor at Allstate told me that I no longer could come pick up checks. Then, the adjusters that played basketball were told that they had received a memo that they could no longer "associate" with me. Apparently, friendship had no place in negotiation.

On Friday, I was in a mediation. My client had a very reasonable outlook on the worth of his case and suit has not yet been filed. At Nationwide's request, we were mediating. An adjuster and an attorney were here for Nationwide. With that insurance company, they pay their attorneys a salary rather than sending out the defense and pay by the hour. Apparently, they have done a cost analysis. I'm not sure that such analysis includes a consideration of the value of legal work that they are receiving. It seems that these "employee attorneys" never want to call early or late. I have my suspicions on that.

We were far apart on what we would accept and what was being offered. The mediator had said that he was going back to their room to get more money. We waited and waited. Then, the mediator came in and had something in his hand. It was a check made payable to my client. The negotiation had now taken a "here's a check, bet you can't turn it down". Well, we did turn it down. Now, we'll file suit and I bet that we'll get a call in the next couple of weeks with more money being offered.

I miss the days of good old fashioned negotiation. All the books I read on negotiation have great ideas. Unfortunately, they don't seem applicable to my practice. I guess it has become like selling bottled water or shaming you into "just tap water". Then, again, maybe we should also take to ordering water in a clean glass!

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Categories : General Law

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Insurance Comedy Doesn’t Sell

The Power of Kind Words

Insurance Price Now, Worry Later?

Loss of Consortium:Impact on Family

Just A Multiplier

Insurance Company Hatred?

Virginia Fraud Fighters

Bottled Water or Just Tap

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