Arbitration Reform

Eye on Texas Blog

Texas Watch Poll 2013

By intensely wide margins, Texas voters believe that insurance customers who have claims unfairly denied, delayed, or underpaid should have easier access to the courts with stiff penalties for insurers engaged in such conduct, according to a recent statewide public opinion survey conducted by Hill Research Consultants, a nationally known Republican opinion-research firm.

This session insurance lobbyists and their clients are working hard to restrict your access to the courts if you believe your insurance company has handled your claim unfairly. And, they have filed a boatload of bad bills to do just that.

So, we commissioned the statewide public opinion survey to find out what Texas voters think. The message is clear. Texas voters – across all geographic, partisan, and political lines – want stronger legal protections from rogue insurance companies. They believe that insurance companies routinely drag out lawsuits, and they want the courts – not state agency bureaucrats – resolving disputes between claimants and insurance companies.

And, 7 in 10 voters will reward legislators who believe it should be easier (or at least not harder) for a policyholder who believes their insurance claim has been handled unfairly to hire an attorney to represent their interests. 51% hold this position”strongly.”

The results speak for themselves. Check them out for yourself.

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Eye on Texas Blog

How Do They Rank?

Speaker Joe Straus released the committee assignments for members of the Texas House today. There has been much shuffling and turnover in the House coming into the session. So, just how do the members of key committees rank on our latest scorecard based on key votes from the last legislative session? Take a look. (more…)

Latest Headlines

Arbitration — Instagram’s Other Fine Print Offense

If you went online at all yesterday, you probably saw the social media outrage over photo-sharing giant Instagram’s new Terms of Use.

Instagram users were furious at the news that their personal photos could be used in advertisements without notification or financial compensation.  So furious, in fact, that now Instagram is backtracking, claiming that they’ll remove portions of their Terms of Use that would allow them to sell your photos.  We’ll see if they really do.

Read More: The Pop Tort

Eye on Texas Blog

Comments on Prohibiting Binding Arbitration in Insurance Contracts

The Department of Insurance is considering a rule restricting forced arbitration in insurance policies and has asked for input. Mandatory, pre-dispute arbitration limits the legal rights of consumers by forcing them into a costly, secret, unappealable process that favors big insurance companies over policyholders. Ensuring that policyholders maintain their full legal protections by formally banning forced arbitration is crucial. (more…)

Eye on Texas Blog, Press Releases

Either They Respect Juries – Or They Don’t

Curt Koenning with the self-styled Texans Against of Lawsuit Abuse recently implored Texans to heed the call for jury service. In an area of rare accord, we agree. Citizens must participate in the jury system. It is a fundamental civic duty and the foundation of our judicial system. But… (you knew that was coming, didn’t you?)

Mr. Koenning’s exhortation is pure hypocrisy. (more…)

Eye on Texas Blog, Latest Headlines

Lobbyist-Driven Elimination of Legal Rights = You Lose

What is it about industry lobbyists that they can’t help but talk out of both sides of their mouths? They made a pack of promises to you, the voters, in 2003 about what they alleged would happen if voters approved a ballot proposition that severely and arbitrarily restricted the legal rights of Texas patients. Among them was that what you spend on health care would go down. All you had to do was agree to give up your ability to hold a careless nursing home, negligent hospital, or dangerous doctor accountable in court. Turns out, they lied. Now, they are trying to cover their tracks.

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Eye on Texas Blog

Insurance Myth #6: “MANDATORY ARBITRATION HELPS POLICYHOLDERS.”

Pre-dispute Binding Mandatory Arbitration (PBMA) is a secret, unappealable process that is frequently more costly than the traditional legal process and is biased against individuals. Insurance companies routinely bury PBMA clauses deep in the fine print of insurance policies, eliminating the ability of policyholders to exercise their basic legal rights when their insurance company tries to take advantage of them by unfairly denying, delaying, or underpaying their valid claim.

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Latest Headlines

Stuck in Arbitration

You buy a cellphone, computer or car. You sign up for a credit card or open a retirement account. You apply for a job.

In all these circumstances, you’re told that you must agree to dozens of terms and conditions, set forth in technical verbiage and tiny print. Eager to complete your purchase — or desperate to be hired — you ultimately sign without reading.

If you’re lucky, nothing goes wrong. But a growing number of consumers and job seekers discover, when something does go wrong, that they have unknowingly agreed to waive their right to file a lawsuit. Instead, they must submit to arbitration.

Read More: The New York Times

Eye on Texas Blog, Latest Headlines, Press Releases

The Court’s Defenders: Polluters, Big Insurance, Corporate Wrongdoers

 

On the heels of a 10-year review by Court Watch that found the Texas Supreme Court routinely sides with big government and big corporate interests over everyday Texans, the very special interests that benefit from the Court’s pro-defendant penchant rose to the court’s defense. None of the attacks, however, were able to discredit Court Watch’s findings or the report’s conclusions. Instead, critics are resorting to condescension and ad hominem attacks.The report, “Thumbs on the Scale: A Retrospective of the Texas Supreme Court, 2000-2010,” was released last week by Court Watch, a project of the Texas Watch Foundation. Among the report’s findings was that consumers lost an average of 79% of cases at the high court and that the court overturned 74% of local juries who found in favor of consumers. (more…)

Latest Headlines

AUDIO: The Texas Supreme Court Has a Profound Effect on the Everyday Lives of Texans

The Texas Supreme Court has a profound effect on the everyday lives of Texans. It is the court of last resort for non-criminal matters in the state. But according to a scathing report released this week by the advocacy group Texas Watch, over the last 10 years, the majority of Texas Supreme Court decisions have favored corporate interests over consumers. And the panel of judges, according to the report, has repeatedly overstepped its authority by overturning jury verdicts and interpreting the law to benefit the rich.

Listen: Texas Public Radio (Texas Matters, Segment 3)

Research & Reports
Research & Reports

The Texas Watch Foundation, a non-partisan 501(c)(3) organization, conducts research and public education activities on consumer law, consumer protection and civil justice issues. Read More »

Court Watch
Court Watch

Court Watch, a program of the Foundation, documents the role and impact of the Texas civil court system on Texas families and Texas public policy. Read More »