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A Good Response to Tort Reform

March 1, 2006 by Jonathan Stein

From Adam Lichtenheld in Wisconsin, comes this bit of wisdom:

The answer to lowering premium rates lies in insurance reform — not tort reform. In California, for thirteen years after caps were enacted in 1975, malpractice premiums skyrocketed by 450 percent, hitting an all time high. But in 1988, California voters passed a referendum implementing insurance regulatory law Proposition 103, which dropped premiums by 20 percent in the first three years, and 8 percent in the next 12 years while they went up 25 percent nationally. If lawmakers are so concerned about rising malpractice rates, they should propose to strip insurance companies of their anti-trust exemptions that allow price-fixing — not trying to deprive just compensation to victims of professional negligence.

Now, tell me, if a college junior gets this, why do the tort reformers not get it? If you are concerned about insurance rates, regulate the industry, do not take away the rights of Americans to recover for injuries caused by others.

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