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"Vulture Culture: Dirty Deals, Unpaid Claims, and The Coming Collapse of The Insurance Industry," By Eric D. Gerry, Esq; Amacom, New York, New York; York; 2008; 241 pages; $24.00 There is an iconic scene in the classic motion picture
“Casablanca.” The chief of police, a libertine and gambler, is forced to close
down Rick’s Café Américain. When the owner demands to know why, the chief
replies, “I am shocked, shocked to discover that there is gambling going on
here.” At this point a croupier delivers the chief’s winnings for the evening. To some extent the author, who was a noted attorney with 30
years experience before the insurance practice bar, must have led an unusually
sheltered life during his early years of practice. All the senior insurance
executives, and many mid-level managers, were aware that it was best to limit
the amount of business done with some otherwise prominent companies. As early
as the 1970s, the executives of re-insurance companies (many of which were
unregulated) pretty much knew which companies were straightforward and which
were not. The tone of author Eric Gerst’s book is that until the
1990s, when some of the earliest prosecutions against insurance executives and
their companies took place, he was unaware of how pervasive the “vulture
culture” situation had become and how rapidly the morality of the entire
industry was deteriorating. To a great extent Gerst can be forgiven the degree of shock
he experienced. As he points out in the book, the insurance industry spent many
millions of dollars in spinning reality and crying poverty caused by
policyholder fraud. Policyholder fraud can certainly be measured in billions of
dollars, but according to Gerst, so can the fraud perpetrated by some insurance
company executives. There are a number of reasons why some very astute insurance
executives were tempted. First, like banks, the insurance companies’ stock in
trade is cash. Lots of it. However, unlike banks, there is no federal
regulation or oversight of insurance companies. That’s one of the reasons why
foreign investors love to gain control of U.S. insurance companies. Also, as
Gerst notes, the insurance companies adopted a divided-and-conquer approach by
urging state-only supervision. They pour substantial amounts of money into
lobbying efforts to prevent federal control of the insurance industry: life,
health, and property/casualty insurance. Gerst adds that in 1999, the watchdog Consumer Federation of
America issued a by-state “report card” of state insurance commissioners’
offices. He writes: “The report, titled “Consumer Information Available from
State Insurance Departments, presented the results of a three-month study on
how well the state insurance departments make information available to the
consumer in written form…. The grades were not good. “The CFA gave only seven
states out of 50 an A rating. Most states fell in the middle with Bs or Cs. A
surprising 17 states —more than a third— received a D, E, or I (for
incomplete). One state had no written material whatsoever for the consumer.” For a number of reasons, Gerst believes the insurance
industry has drifted from a position where building both the reality and image
of trust among policyholders was essential. Today’s insurance has substituted
spin, fraud, and in some cases even bribery of state public officials in
exchange for their silence. He calls for a two-step solution: “consumerizing
state insurance departments” and “federalization of regulation and oversight of
the insurance industry.” The author has come a long way in his practice before the
insurance bar, and this time his case is well-founded and should send a wake up
call to both state legislatures and the U.S. Congress. If it is a bit late to
alert us to the issues in the life and property/casualty side of the industry,
it’s not too late to take another look at the industry’s views health care
insurance. It’s probably the very best time to do so.
Here are the current top 10 bestselling books for business. The list is compiled based on information received from retail bookstores throughout the U.S.A. 1. “Winners Never Cheat: Everyday Values We Learned As Children (But May Have Forgotten),” by Jon M. Huntsman (Wharton School Publishing…$19.95)(1)*
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