Regular readers know I dedicate every July article to the topic of freedom as applied to insurance coverages. In the past, these have included freedom from conflicting policy language, freedom from bad coverage requirements, and freedom from overbearing certificate demands. This year I'd like to consider how much better our industry might be if we gave insureds the freedom to be stupid.

First, let me be clear. I'm using “stupid” not as an insult based upon lack of mental ability, but to describe a deliberate, knowing choice others who consider themselves more “professional” might deem ill-advised or even dangerous.

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Freedom to be stupid

This idea arose while reading Atul Gawande's highly enlightening book on how we treat our elderly, “Being Mortal: Medicine and What Matters in the End.” His study reveals many accepted elder-care procedures to actually be detrimental. One of his key take-aways? True freedom must include the freedom to be stupid.

For example, if a diabetic 84-year-old wants to share some ice cream at her great-granddaughter's birthday party, should she be allowed a momentary pleasure or stopped by her nursing home attendants for violating her dietary restrictions? If a gentleman in his 90s decides he's enjoying his latest library book so much he stays up till 4 a.m. to finish the last chapter, doesn't he have the right to sleep in the next morning, rather than be awaked precisely at 9 a.m. because that's when his attendants have scheduled his morning medication?

Gawande finds that far too many aging adults who have every reason to believe they are finally “old enough” to do “whatever they darn well want” with their remaining time instead find themselves treated again as children, with everything, including naps and snacks, tightly scheduled by others according to their beliefs as to what is best.

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Understanding the choice

In an interesting twist familiar to agents who work with adult living facilities, it's often the children of the residents, who could naturally be assumed to be the elder's advocates for freedom, who are often the most restrictive. Although it would seem that the elderly should always be able to make the final choices, there is the question of mental competency when conditions such as Alzheimer's may impair otherwise sound judgment. So permit me to slightly modify Gawande's statement: “True freedom must include the right to be stupid — if one has a reasonable chance to understand the choice.”

Continue reading…

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'Stupid' policy decisions

Let's apply a process to insurance consumers. How do we know whether an insured is making a “stupid” choice (in our opinion) due to cluelessness or deliberate decision? Answer: We don't, unless we have first taken two required steps:

  1. Simplify, clarify or modify the coverage forms and explanations so that an insured has a reasonable grasp of what a given coverage or policy actually does; and
  2. Provide a realistic appraisal of the potential gains and losses of their choice.

For those who question whether there is a future for agents in the insurance purchase process, who is better positioned to be the insured's trusted resource in obtaining the necessary information? In addition to rendering sometimes complex policy language into understandable applications to a given insured's real exposures, agents are also perfectly positioned to use current endorsements or alternate coverage sources to modify, minimize or remove those same coverage complexities.

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Potential for agents to bring value

Numerous examples of this potential for agents to bring value to the process are at the heart of every past article of mine. There are also myriad other industry resources, including a working knowledge of the applicable forms and endorsements available from ISO, AAIS, NCCI and your carriers. Here is a sampling of possibilities in the ISO forms:

  • Special Causes of Loss raising underwriting issues over coverage being too broad for location/risk — BP 10 09 removes the the background noise by taking the coverage back to good old specific named perils.
  • Issues with payroll exclusions/limitations in the Business Income forms — CP 15 10 lets the insured match the payroll coverage to his own preferences.
  • Potential grey areas creating coverage gaps via the CGL liquor liability exclusion — CG 21 51 lets the insured spell out exactly what activities and/or premises she wants covered.
  • Insurance to value requirements in BOP may create potential penalties at claims time — BP 04 83 makes the penalties go away.
  • Tired of trying to explain off-premises and/or dependent properties limitations in Business Income — CP 14 55, CP 15 08. CP 1509 and CP 1534 make them moot.
  • Insured can't understand why the longtime live-in love of her life, who for personal reasons she has yet to marry, should be cut out of coverage under her HO policy — HO 04 58, or better yet, specifically add the love as a named insured (BONUS: Also avoids any unnecessary discussion that may be misinterpreted as a moral judgement on her personal decisions.)
  • Flood not being covered in standard property forms — Write a dad gum flood policy! (And don't forget the HO 04 95 or equivalent).

Many of us understand that insureds are intelligent folks who likely better understand their personal tolerance of risk than we do. What better month than July to recommit our efforts to make them not incompetent, fearful buyers of products often forced upon them by others, but rather consciously capable consumers able to make reasonable decisions, even if we personally would prefer they choose differently? We cannot expect others to trust us if we refuse to trust them.

Chris Amrhein, AAI, is an insurance educator and speaker, and serves as the chief fun officer at insuranceisfun.com. Opinions expressed in this article are the author's own.

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