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July 13, 2016

Title: UPDATE: Bait and Gotcha Proposal from the Texas Farm Bureau Insurance
Topic: Forced Arbitration

Discussed by Alex Winslow
with Texas Watch (www.TexasWatch.org)

On June 27, 2016, we learned from Alex Winslow with Texas Watch about the sneaky “bait and gotcha proposal” being pushed Texas Farm Bureau Insurance. Alex states: “Anyone who has insured property has reason to be opposed to this. As soon as this camel’s nose gets into the tent, it will go everywhere.” It will not stop with homeowners; it will soon spread to car and business owners.

Listen in as Alex gives an UPDATE on this serious issue facing all Texas homeowners.

Questions/Issues Discussed:

First, Alex reviews some of the known tactics which insurance companies use when a person files a claim for their home. He even reveals information from internal documents which prove their deceptive practices. Listen in!

If the insured demands to be made whole, insurance companies often counter with: “Sue us. We have more money for attorneys than you do.” What is a homeowner to do in this situation?

The proposal by the Texas Farm Bureau Insurance encourages the insured to give up their 7th Amendment right for pennies a day to a trial by jury for a rigged, mandatory arbitration system. Translation: Homeowners would NEVER be allowed to take their case to court, even if they do not like the offer in arbitration. What they offer is what you get. This does not sound fair. What should homeowners do now to stop this?

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June 27, 2016

Title: Forced Arbitration
Topic: Forced Arbitration

Discussed by Alex Winslow
with Texas Watch (www.TexasWatch.org)

Part 1 of 2

Forced Arbitration would be terrible for consumers.  In this proposed change, the arbitrator would be bias because they would be picked and paid for by the industry.  How is that fair?

Alex Winslow is the Executive Director of Texas Watch.  He joins us today for two segments to explain in more detail how forced arbitration would affect consumers.

Questions/Issues Discussed:

Insurance companies too often delay and deny claims.  Then they use the trick of offering an underpayment, a low-ball amount just to see if it will be accepted.  Why?  What can home owners do to fight them?

Texas Farm Bureau Insurance is pushing the Insurance Commissioner for approval to add pre-dispute arbitration to its home insurance policies.  Would this be binding forced arbitration?  Alex explains: “Yes. And this is an attack on our 7th Amendment Rights.”  The results will be devastating for all home owners if approved by one, unelected bureaucrat.

The Texas Legislature rejected SB 1628, which would have allowed this forced binding arbitration.  Listen in as Alex Winslow reveals the TFB’s conniving attempts to convince an executive agency to allow this grossly unfair practice.

If the Texas Farm Bureau gets their way, will other insurance companies be clamoring for the same bottom-line binding forced arbitration clauses in all their policies?

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Title: Part 2 of 2 - Forced Arbitration
Topic: Forced Arbitration

Discussed by Alex Winslow
with Texas Watch (www.TexasWatch.org)

Who picks the arbitrator/mediator?  Who pays the arbitrator/mediator?  HINT: The Texas Farm Bureau would! Let this be perfectly clear: that arbitrator/mediator is not going to make decisions against the company paying their bills! “There is an inherent bias against individual policy holders in this case,” Alex Winslow states.

Alex also discusses the reason behind our Founding Father’s desire for the people to have a trial by jury. I don’t believe that Washington and Jefferson would be too happy with the current actions of the Texas Farm Bureau.

What reason, or reasons, is the Texas Farm Bureau using to push for binding forced arbitration? Doesn’t Texas already have laws and penalties against attorneys who file frivolous lawsuits? “This isn’t about insurance companies being treated wrongly,” Alex says. “It’s about insurance companies wanting to keep more of your money in their pockets.”

How do insurance companies make the bulk of their money?

The Texas Department of Insurance is holding a rare public hearing on this issue on July 6th. Click here  for all the details.

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May 14, 2013

Title: Forced Arbitration Defined: License to Steal!
Topic: Forced Arbitration

Discussed by Judson Waltman
with Lanier Law Firm (www.LanierLawFirm.com)

Part 1 of 3

A female employee, while working for Circuit City, was assaulted and sexually harassed by a supervisor and mentor. When trying to hold this big corporation responsible, she found out she could NOT take them to court.

Why Not?

The answer will surprise you. And the reason should sound off warning sirens that something is not right nor is it fair.

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Title: Buried in the fine print: “License To Steal”
Topic: Forced Arbitration

Discussed by Judson Waltman
with Lanier Law Firm (www.LanierLawFirm.com)

Part 2 of 3

Found all too common in consumer purchase contracts, buried in fine print, is language forcing the consumer into arbitration if any conflict arises. Have you purchased a cell phone recently or any large appliance? Have you signed the agreement placing a loved one in a nursing home? Did you sign the Employee Handbook not knowing what rights you gave away? Have you signed up for a new credit card or an online user agreement?

Judson Waltman describes what happens in most forced arbitration cases. [Nothing in this interview should be construed as legal advice - just a W.A.R.N.I.N.G. to be careful.]

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Title: Trial by Jury: Communities Resolving Community Problems
Topic: Forced Arbitration

Discussed by Judson Waltman
with Lanier Law Firm (www.LanierLawFirm.com)

Part 3 of 3

What can consumers do to protect themselves because of the secretive ‘arbitration clauses’ that so many businesses are using now? What’s coming soon to your favorite retailer: Forced Arbitration language on the back of your receipt.

Our ‘trial by jury’ system is being replaced by protection for the seller and no true way to hold them responsible for a defective product or any injury that may occur.

Some call this: A License to Steal!

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