What Does It Mean To Be “The Policyholder’s Advocate?” A Blog Post For Every Leader Supporting Policyholders

Amy Bach of United Policyholders (UP) deserves to be recognized more than anybody else after writing the title of this post. She has stood the test of time. She is “The Good Shepherd” for policyholders. Since co-founding UP in 1991, Bach has dedicated her career to advocating for the rights and interests of insurance consumers across the United States. Through her leadership, UP provides invaluable education, advocacy, and support, empowering policyholders to make informed decisions and effectively manage their insurance issues. I discussed our firm’s commitment to UP in Why Does Merlin Law Group Exist? Why Do We Give Our Time, Money and Effort to United Policyholders and The American Policyholders Association.

Amy Bach and Chip Merlin

An Interesting Day in Tallahassee and Thoughts on the Pending Replacement Cost Coverage Legislation, was written by me 14 years ago. Discussing how difficult it is when up against an army of insurance lobbyists, I stated:

The insurance industry representatives use the word “fraud” to seemingly justify everything they propose. They said it with visceral passion yesterday. If you were from Mars and did not know better, you would think insurance is the most defective product ever made because it makes otherwise honest people into crooks. I hope our representatives can see through this sham and appreciate that their constituents don’t become criminals or morally corrupt as a result of an insurance claim. It almost smacks of McCarthyism applied in an insurance sense.

Being an attorney and having to zealously advocate for clients, I can appreciate that the insurance lobbyists have a job to do and are under pressure. They are successful if they can convince our representatives of the insurance company’s version of reality and persuade those representatives to pass laws favorable to them. That is fair and that is the American way.

… After the meeting was over and Senator Storms thanked everyone for educating her, I stopped this amateur endeavor and worked on cases for clients that probably have no idea I was calling from Tallahassee. This concept is important. There are no professional lobbyists for policyholders in Tallahassee…. Sean Shaw is as close as it gets to a policyholder lobbyist. I also made a “gallows joke” with some others that if the law were repealed, I would personally profit more because there would be more litigation over various and commonly disputed issues, as there was before these Replacement Cost Laws were passed. Only my potential future clients could care about this issue, and there would be far fewer of them if the laws stay the same—I started wondering if it was all worth the effort.

To give some context, our firm hired Sean Shaw in 2010 after he was the Florida Insurance Consumer Advocate for Florida, as noted in Florida’s Insurance Consumer Advocate Sean Shaw Joins Merlin Law Group. One of my favorite pictures is of me with Sean and his late father, the former Supreme Court Justice of the Florida Supreme Court, Leander Shaw, which is noted in Merlin Law Group Attorney Sean Shaw is Running for Attorney General.

Sean Shaw, Chip Merlin, and Leander Shaw

The point I am making to my brothers and sisters trying to advocate in the halls of legislatures and the various insurance commission offices, is that the commitment to policyholder justice requires tireless work. The insurance industry has a significant advantage. Money drives who our politicians listen to so they can become re-elected. The legislators in power take a lot of money from the insurance industry. I know they do not start out that way. But, these well-meaning representatives become used to getting insurance lobbyist money for access to discussion and then beholden and apologetic to their policyholder constituents.

Our firm is going to continue to have our attorneys show up in the halls of legislatures for policyholders all over the country. This is a “free of charge” effort to stand up to the Steve Badger and Matthew Monson insurance bar. I think they are working hand in hand with professional lobbyists of the insurance industry. Steve and Matthew are not part of that lobbying group, but they are all foxes for the insurance industry.

Steve and Matt are welcome to explain how much they strategize about legislation discussions they have with insurance industry lobbyists and companies and lobbying in general in any guest blog or otherwise. I double-dare Steve and Matt to be fully transparent. (I have a lot of respect they will be transparent, but I doubt they will drop their drawers about full transparency.)

In the tireless pursuit of justice and equity within the insurance industry, advocates like you play a pivotal role in shaping a future where the scales are balanced and policyholder rights are firmly protected. Your efforts, often behind the scenes, forge the path for transformative change, echoing the dedication of pioneers like Amy Bach of United Policyholders. As she has demonstrated, one individual’s commitment to advocacy can illuminate the challenges policyholders face, mobilizing a community towards meaningful reform.

I write this blog because one young and newer attorney from the Merlin Law Group, Chaz Cicero, has been doing his best to advocate for policyholders in the Louisiana legislature. Since it is his first time doing so, he may not come across as “acceptable” nor as “polished” as others. But, you will know what he feels and what separates great advocates from losers—we put the wrongdoers at risk for their arguments and desired outcomes in a way that regular people can understand.

Chaz is a very passionate person. He is ruffling feathers, causing others – not just one – to call, asking me to control him. I will stand up to dishonesty and not tolerate it. I will not prevent fair debate, especially debate coming from the younger generation of our law firm that thinks big insurance business interests are ripping them off and have a different way of expressing it.

For those of you in various policyholder and consumer organizations, your work in state legislatures, advocating for laws that favor policyholders, is more than a pursuit of legal change; it’s a commitment to uphold the principles of fairness and transparency in an industry that touches the lives of millions. Each policyholder you empower, each law you influence, and each voice you amplify contributes to a larger narrative of justice and accountability.

Merlin Law Group sees this as a noble endeavor. Remember, the impact of your advocacy extends beyond the legal texts and legislative chambers. You are literally the only hope for countless individuals who seek fairness in their moments of vulnerability. Your dedication ensures that the narrative of the insurance industry is not solely written by those who hold the money and power but is also shaped by the stories and needs of policyholders.

Leaders like Amy Bach of UP and Doug Quinn of the American Policyholder’s Association, and his personal story following Super Storm Sandy, help provide unwavering resolve. Governmental leaders, legislators, and insurance regulators need to hear the policyholder voices.

For everybody who thinks this is right and following me in this endeavor, change, though it may come slowly, is achieved through persistent effort and never giving up. The journey towards securing fairness and transparency for policyholders is a marathon, not a sprint. It requires the kind of steadfast commitment exemplified by leaders like Amy Bach and Doug Quinn and in the stories of hardship and struggle of our clients, which underscore the significance of our collective mission.

Your endeavors, like those Chaz Cicero has been doing, lay the groundwork for a future where the voices of policyholders resonate in the halls of legislatures and the corridors of power. Each step and effort at a step forward, no matter how small, is a victory in the quest for justice. Your efforts provide hope for those who have been left in the shadows, a signal that they are not alone in their fight. It alerts others that we will not go without a fight and will remain steadfast after the fight is over.

For those of you who are leaders in the policyholder movement, your stories pave the way and inspire others to press on. The work you do is vital, and not just for the policyholders of today. So, to all advocates in this noble cause, hold fast to your principles, keep your eyes on the horizon, and never underestimate the power of perseverance and collaborative work. Your legacy will be measured not by the battles you win but by the courage you show in continuing to fight for what is right.

Thought For The Day      

The function of leadership is to produce more leaders, not more followers.

—Ralph Nader