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ProPublica
@ProPublica@newsie.social  ·  activity timestamp 4 weeks ago

A Florida Home Insurer Was Allowed to Bypass the Courts During Claim Disputes. It Won More Than 90% of the Time.
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State legislators and executives at Citizens Property Insurance touted mandatory arbitration as advantageous for both consumers and insurers. In practice, homeowners were left with few avenues for recourse when their claims were denied.
https://www.propublica.org/article/citizens-property-insurance-florida-arbitration-cases?utm_source=mastodon&utm_medium=social&utm_campaign=mastodon-post

#News#Florida#Home#Insurance#Law#Property#Homeowners

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Michael Vilain
@mvilain@sfba.social replied  ·  activity timestamp 3 weeks ago

@ProPublica A writer posted about looking for a chronic pain specialist to help him deal with 30 years of backpain. During the intake interview, the writer asked why there was an arbitration clause in the paperwork, which he crossed out and signed. He got an email from the specialist saying that he couldn't work with him as the liability issues would be in the way of any sort of therapeutic relationship.

A responder to that post said the endodontist she went to see to get a root canal wouldn't work on her because she crossed out the arbitration clause in the intake paperwork.

It's happening more and more as liability insurance for professionals are requiring arbitration to skate by having to deal with litigation.

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Karl Auerbach
@karlauerbach@sfba.social replied  ·  activity timestamp 4 weeks ago
@span ProPublica Arbitration is usually done via a for-profit arbitration company (it may be claimed to be "non profit" but often that is simply because the revenue is made to vanish on the accounting ledgers because that money flows directly out as fees/salaries to the arbitrator people themselves.)

Anyway, the way that arbitration is done usually ends up creating a bias in the arbitration company for the party who tends to use arbitration services more often - because that's repeat business for the arbitration company.

This means that there is a quiet bias in arbitration to favor the injuring business rather than the harmed person, because that business is more likely to hire that arbitration company in the future.

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Pat Madden 🏳️‍🌈
@patm@hackodon.com replied  ·  activity timestamp 4 weeks ago
@span ProPublica

As a Florida resident, I know all too well the games the insurance companies play and the enabling tactics our legislature and administration use.

The Republican majority residents of Florida themselves are largely to blame for continuing to elect state lawmakers and officials based on ideology, when they should instead be electing candidates who will actually look out for the people's interests.

Government of, by, and *for* the people, right?

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Joe Heafner
@heafnerj@mstdn.social replied  ·  activity timestamp 4 weeks ago
@span ProPublica The insurance industry is legalized organized crime and acts like it every day. We need laws disallowing any constitutional or civil right being taken away by any contract or process of doing business.
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huntingdon
@huntingdon@mstdn.social replied  ·  activity timestamp 4 weeks ago
@span ProPublica

Mandatory arbitration was never meant to be used by large corporations against individual consumers.

It was designed for use among comparably situated and resourced businesses, whose interest in resolving their disputes with speed and secrecy outweighed the public's interest in open precedent, and the due process concerning how they settled their internecine disputes.

The Supreme Court decided otherwise, and has done great harm to millions of American consumers.

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