This Thursday at 6 p.m. EST, I’ll be joined by one of the most respected voices in insurance law and consumer protection, Professor Jay Feinman, for what promises to be a thought-provoking podcast conversation. Feinman, a Distinguished Professor of Law at Rutgers University, is the author of the nationally recognized book Delay, Deny, Defend, a searing examination of how insurance companies sometimes abandon their promises to policyholders in favor of profits and litigation strategies that wear down legitimate claims.
When I first interviewed Professor Feinman at the First Party Claims Conference back in 2010, the insights he shared were both timely and prescient. He talked about how insurers across sectors, from homeowners and auto to life and health insurance, were systematically delaying claims, denying valid payments, and defending against policyholders even when the facts were squarely in the claimant’s favor. The problem, he argued, wasn’t just a few bad actors or isolated incidents. Instead, it was an industry-wide pattern driven by the shift from policyholder service to shareholder profit.
Feinman explained how this shift eroded the core mission of insurance: to provide peace of mind and financial security. Many insurers instead adopted a model that weaponized the complexity of insurance claims and created an imbalance favoring denial and lower payments. Policyholders, often unfamiliar with the nuances of coverage and process, found themselves facing corporate giants with entire legal and claims departments built with claims processes calculated to push back. The result was not only unfair outcomes for individuals but also widespread social and economic harm. Families suffered from delayed funds, small businesses shuttered under unfulfilled claims, and the credibility of the insurance industry itself took a hit.
Our conversation this Thursday will revisit these issues and explore what, if anything, has changed in the fifteen years since Delay, Deny, Defend was first published. We’ll also dive into some of the real-world consequences of these claims practices.
Feinman’s work recently gained renewed national attention following the tragic murder of the United Healthcare CEO. This was an event in which the suspect allegedly cited the phrase “delay, deny, defend” as part of a motive and justification for the killing. While this horrible act cannot be justified or excused in any way, it highlights the deeply emotional and sometimes explosive consequences that can arise when people feel cheated by an insurance system that’s supposed to protect them.
Feinman’s works don’t just critique the insurance system. Whatever the issue, he offers meaningful solutions. In our previous discussion, he proposed increased transparency in policy terms and claim procedures, enhanced regulatory oversight, and stronger avenues for accountability so that policyholders could challenge unjust practices. These ideas are as relevant today as they were fifteen years ago and perhaps even more so as new technologies and claim handling models emerge.
If you care about policyholder rights and fairness in the insurance industry, or simply want to better understand how the system really works behind the curtain, I encourage you to join us for this important discussion. You’ll hear insights from both the legal trenches and the academic frontlines and come away better equipped to understand and advocate for change in the insurance claims arena.
Don’t miss this segment of the Claim Game this Thursday at 6 p.m. EST. Mark your calendar and join the conversation. Here is the link to register.
Thought For The Day
“The point of view in this book is pro-consumer, but it is not anti-insurance.”
—Jay M. Feinman, Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It