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GCN Guest Opinion
Plain
English
Needed in Homeowner Policies
by: Sen. Trent Lott
Filed 3/16/07 GCN
I’ve introduced a bill requiring
insurance companies to provide a written, “plain English” explanation on
the front page of each new homeowner’s policy. It’s a common sense,
customer-friendly service that could benefit insurers, consumers and
taxpayers,
I cosponsored a similar measure during the
last Congress. The changes from last Congress are minimal. The new bill,
called the “Homeowners’ Insurance Nondisclosure Act,” deals exclusively
with homeowners’ policies, the area where most insurance coverage disputes
arose following Hurricane Katrina.
Homeowners’ policies are notoriously long,
complicated and written in legalese. Even for homeowners who are familiar
with legal documents like mortgages and deeds, insurance policies are hard
to understand.
That’s because these policies are a contract
between two parties, defined in precise legal terms. In the case of
homeowners’ policies, most consumers depend heavily on their agents for a
good-faith explanation.
Yet, unlike a mortgage or deed, insurance
policies are a competitive product purchased by consumers. While we can’t
erase complex legalese from an insurance document, I do think it’s
reasonable for insurers to provide their paying customers with a simple,
concise explanation of their policy.
If passed, this bill would require insurers
to place a basic description of what the policy will not cover in a
“noncoverage box,” stating in bold letters, twice the size of the body of
the policy text, all conditions, exclusions and limitations pertaining to
the individual policy’s coverage.
Consumer groups like this proposal, and
insurers should, too. It requires nothing of insurance companies except a
little extra ink, but it could save insurers, their customers and
taxpayers much more.
One consumer group contends that had there
been a plain English explanation of homeowners’ policies before Katrina,
American homeowners could have saved up to $65 billion in lost claims.
Insurers and taxpayers could save an untold amount of time and money in
averted negotiations and court costs associated with disputes.
Using existing laws that govern unfair or
deceptive practices, my bill would require the Federal Trade Commission
(FTC) to enforce penalties against insurers who fail to comply with the
noncoverage disclosure.
Predictably, some big insurance companies
are already criticizing this bill, so expect some in the insurance
industry to show resistance even in the face of this common sense,
cost-effective, consumer-friendly requirement.
Their reaction is typical of some in the
insurance industry’s overall response since Hurricane Katrina – to delay,
distract and distort, saying “no” even to the most simple, sincere
solutions.
That’s what prompted lawmakers like U.S.
Representative Gene Taylor and me to initiate this legislation and other
major insurance reforms aimed at making insurance more dependable for the
consumers who must buy it.
I hope insurance companies will play by
significantly different rules when the next Katrina-like disaster hits
America – rules which better protect consumers. And for homeowners, some
of those rules will be clearly displayed on the first page of every new
homeowner’s policy, written in plain English.
Senator Lott welcomes any questions or comments about this column.
Write to: U.S. Senator Trent Lott, 487 Russell Senate Office Building,
Washington, D.C. 20510 (Attn: Press Office) or
Email
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