LANDRY: With Both Trial Lawyers AND Insurance Companies, “Trust But Verify” Is Good Advice

Editor’s Note: an op-ed from Louisiana Governor Jeff Landry.

“Trust, but verify.” These were the plain-spoken yet powerful words President Ronald Reagan used to help America win the Cold War. Certainly, if those words could bring peace amid one of the greatest threats to world civilization, maybe we can use them to resolve the political battle on insurance reform that has gripped Baton Rouge.

I know very well that the battle between trial lawyers and insurance companies has drawn a deep divide in our Capitol. From the time I worked in the State Senate, over twenty-five years ago, until this very day, this issue has been a purity test for lobbyists, legislators, and outside forces.

When both sides of the battle put on their jerseys and treat this as a competitive sport, the Capitol becomes gridlocked with rumor, jockeying, and innuendo. Intellectual curiosity is thrown out the window and replaced with exasperation, hyperbole, and tribalism that freezes everyone.

A case in point is the recent ridiculous tabloid story about Moon Griffon. Well, trust, but verify.

Moon Griffon is a dear friend, a political powerhouse, and an important voice in our state. He has carried the water for conservatives during times of significant drought. That is why it was my honor to invite him to broadcast live from my office on the fourth floor at the beginning of this legislative session. It’s something that I have offered to Moon for previous legislative sessions.

The garbage rumors that were blogged about are just that, and don’t even warrant rehashing. Moon and I are both passionate about this state and have lived in the trenches, fighting for a better Louisiana. While we are two different people who share a similar Cajun heart, we are in different places in life. Governing is not the same as entertaining, and we both recognize that, and our respect for each other could not be stronger.

These rumors point to a deeper problem. The political class often measures success by legislative scorecards—bills passed or killed—rather than focusing on what truly matters in insurance reform: lowering rates.

Well, the crisis we face is boiling over because the people of this state are fed up with out-of-control insurance costs. In all my travels across this state, I have yet to meet a trial lawyer or an insurance company struggling to make ends meet. Put aside the politics, and you
realize that both sides are to be blamed.

Trust, but verify: I blame the trial lawyers, and I am holding them accountable.

You would have to travel back in time to more than a quarter century ago to find a governor who has done more to crack down on frivolous lawsuits than I have. I’ve accomplished that in just over one year in office. And I’m not done.

Last year, I signed 27 bills aimed at combating frivolous lawsuits and reducing insurance costs. Nearly every single bill the insurance companies asked for was signed into law. These were bills that insurance companies promised would lower rates. Today, their requested bills are now the law of the land. Yet, rates have NOT gone down.

This year, I have pledged to go even further, campaigning for the passage of even more significant legislation aimed at stopping lawsuit abuse. From stronger “No Pay, No Play” legislation to repealing the ridiculous Housley Presumption to bringing more transparency to
medical billing and collateral source, I am supporting the strongest attempt to rein in our legal environment in modern Louisiana history.

Just as importantly, I want to reverse the lawsuit culture that drives the number of minor injury claims, which are more than double the national average. Trial lawyer advertising is not only annoying, but it promotes a culture of “get rich quick” lottery-style winnings for those who are undeserving and prey on our legal system. These are the lawsuits that ultimately drive up our insurance costs.

That is why I have pledged to sign into law legislation restricting lawyer advertising, which strips away the integrity of the law profession and uses exploitative advertising to demean personal responsibility by celebrating excessive awards that we are all forced to pay.

If the legislature acts, which I believe and hope they will, in less than two years, we will have taken historic, massive steps to fix Louisiana’s legal climate and signed into law numerous bills that the prior Governor vetoed.

But that begs the next and most important question: Will it drive down insurance rates?

Trust, but verify: Will tort reform drive down insurance rates?

Let’s be clear, I don’t trust big insurance any more than I trust Morris Bart. They have not kept their word despite sworn testimony, private pledges, and legions of promises from their lobbyists. The broken promises continue as they rake in BILLIONS in record profits. All while, scandal after scandal is exposed from coast to coast, to the schemes they use to fleece policyholders. Maybe some of my distrust stems from the fact that I, too, have been dropped by insurance despite paying my premiums and doing my part to responsibly carry insurance.

As Attorney General, I watched as honest citizens struggled to dig out of hurricane-ravaged neighborhoods only to be played games with by insurance companies. The irony is not lost on me that no matter how many years you pay your premium, if you are one day late, you can be
dropped faster than Joe Biden’s train of thought. But when you need insurance help the most, after a disaster, help could take months or even years, if it comes at all.

Out of that frustration, I believe it’s time that we TRUST BUT VERIFY.

Louisiana is the only southern state that does not empower the Insurance Commissioner to reject rates for being too high. It’s written into statute: “No rate in a competitive market shall be considered excessive,” 22:1452(C)(6). The lobbyist who scored that eight-word legal fortress was worth their weight in gold to the insurance lobby. No other state has that law, and neither should we.

I want nothing more than for the Insurance Commissioner to be successful. For them to provide relief, the Department of Insurance must have more tools to fight for our people. None of these ideas that I have proposed are unique or new. They are ideas and concepts based on the policies and laws of our neighboring states.

Trust, but verify.

I don’t trust the trial lawyers. I don’t trust the insurance companies.

But I can verify that if we don’t get this right and hold BOTH sides accountable, our families will continue to pay the price. Because they are both fleecing the people of this state.

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