Tort reform cut liability rates, so why all the griping? by Paul Howell

Houston Chronicle, Monday, November 10, 1997

 

Many citizens have become skeptical about the ability of their local, state and federal governments to hear their concerns, pass laws that address these concerns and then ensure that the benefits of the new laws actually flow back to the people. But sometimes things happen the way they are supposed to, giving everyone renewed faith that this system we call democracy - although far from perfect - is still the best system on Earth.

The story of lawsuit reform in Texas, so far, is a textbook example of successful public policy. Just a few short years ago, Texas was known nationally and internationally for having a "Wild West" reputation in our civil courts. If you were sued, even if you were innocent, your lawyer would often advise you to settle for virtually any amount of money rather than expose yourself to the extreme pro-plaintiff bias In Texas civil courts. The courthouses were filled with cases, many from out of state and many not even from the United States. Lawyers were able to shop for their favorite courthouses in which to try their cases. Defendants were threatened with unlimited punitive damage claims. Many small businesses were bled financially, often for meritless, nuisance cases.

Texans by the thousands spoke to their political representatives, and the governor and the Legislature in 1993 and 1995 (and, to a much lesser extent in 1997) enacted sweeping changes that have gone a long way toward pulling Texas back in the mainstream of American jurisprudence. Now a Texan can access his or her courts, whether as a plaintiff or a defendant, with greater assurance of a hearing and a result based on fairness and common sense.

Besides restoring confidence in our civil justice system, tort reform also has begun to repeal the "tort tax" that is hidden in the cost of the goods and services we Texans pay everyday. The cost of a flawed justice system is reflected in everything from a bag of groceries to a filling at the dentist's office. As fewer meritless lawsuits are filed and more reasonable settlements are achieved, companies are able to lower prices, hire more people and increase salaries and benefit for employees. Insurance rates can also be lowered, for both individuals and businesses.

Recently Texas Insurance Commissioner Elton Bomer ordered $610 million in cuts in 1998 liability insurance. This was on top of two previous cuts of $435 million for 1996 and $441 million for 1997. That's a "tort tax" cut of $1.5 billion in three years, all flowing directly to Texas consumers and businesses. No other state in the union has cut liability insurance rates for three consecutive years and Bomer has also cut private auto-passenger benchmark rates by an average of 5 percent statewide, the first state-ordered reduction in the allowed range for auto premiums in six years. Texans demanded action, their elected officials acted and the benefits are being sent right back to the citizens - a prime example of democracy at work. All the more astonishing then to read that certain "consumer" groups are calling the tort tax cut a "shell game." It's hard to imagine how anyone with any degree of intellectual honesty could interpret massive liability insurance rate reductions as anything other than a huge benefit to consumers. Clearly, the most beneficial cuts in auto insurance rates will probably go to lower income Texans who own older cars and carry only liability insurance and uninsured motorists coverage.

It's somewhat humorous to review the number of times "consumer" groups have changed their tune. During past tort reform debates, they said that tort reform was a sham because no consumer savings would ever come from tort reform. Now that Commissioner Bomer has ordered another insurance rate cut of $610 million for 1998, the consumer groups are saying the reductions should be three times as much. While the consumer organizations are trying to figure out what they really think, Texas citizens are just thankful for the relief.

It would be great if all the problems of the civil justice system had been fixed in just a few legislative sessions, but that was not the case. Juries deciding on awards in lawsuits still cannot be told if a plaintiff already has been paid for his or her injuries. Often juries still are not allowed to assign blame in a lawsuit to all responsible parties. Class-action lawsuits are still being abused so that plaintiff attorneys are able to make tens of millions of dollars while the injured parties sometimes receive only pennies.

So much good has been done, but there is still more to do. But we now have irrefutable proof that when we fix our civil justice laws, Texans benefit.

 
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