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Mediation Can Benefit My Industry and Your IndustryPosted 11/7/2001By Oklahoma Insurance Commissioner Carroll Fisher Recently, I have become aware of some insurance companies capping payments to paint and body shops. While it is laudable that insurance companies try to keep down prices, I have two problems with the way the practice is being carried out in some instances. One: It often is not until after the work is done and payments are being made that body shops are even told that certain parts of a repair job will be capped. Come on! People can't make decisions without being informed. Two: To borrow an old adage, you should get a full day's pay for a full day's work. Most people in your industry - like most people in my industry - want to be proud of the work they do, and you should be fully compensated for doing good work. As Oklahoma's elected insurance commissioner, I want to work with the members of the Automotive Service Association as well as with the companies of my own industry to ensure you are fairly treated. I'm going to be aggressive on full disclosure. My employees have heard me say many times that you should do the right thing for the right reason. Full disclosure is just that: the right thing for the right reason. I also want to do what I can to make sure you get adequate and fair reimbursement for your work. I have three things that I ask of insurance companies when they have claims: Be prompt, fair and expedient. I don't ask insurance companies to pay what they don't owe. But when it is owed, they should send an adjuster as quickly as possible. They should be fair in determining the amount of the loss. They should pay the claims as quickly as possible. In Oklahoma, slow payment is not acceptable. If an insurance company treats you unfairly, I assure you my office wants to take care of it. What we find is that once we point out a problem to an insurance company, often that's all it takes to get the matter resolved. However, it sometimes takes more. That's why my department developed a mediation program called EAGLE (Ending Arguments Gently, Legally and Economically.) I'm proud to say that Oklahoma was the first state to develop the EAGLE program and other insurance departments are copying it. In fact, when Kathleen Sebelius, my counterpart in Kansas and president of the National Association of Insurance Commissioners, spoke to Congress recently, she said the NAIC would encourage all states to adopt the Oklahoma EAGLE program. The program, which has been approved by the Oklahoma Supreme Court, is simple. If you have a problem with an insurance company, the Oklahoma Insurance Department will get a volunteer mediator who will sit down with you and the insurance company and work out an agreement that is acceptable to both parties. If you can't reach an agreement, you can still hire an attorney and go down to the courthouse. You haven't given up any of your rights. Since volunteers run the program, it costs you nothing. The idea is to reach an agreement with which everyone is happy in a three-hour period - not three months or even three years at the courthouse. I want my industry to treat your industry fairly. If you feel that hasn't been done, please know that you have a place to turn. We can only help resolve your problems if you give us a call. The Oklahoma Insurance Department stands ready to assist you. Editor's Note: If you live in Oklahoma and believe an insurance company has treated you unfairly, Commissioner Fisher's office would like to help. Call the consumer assistance division at (800) 522-0071, or in Oklahoma City call 521-2828.
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