June, 03 2009, 04:02pm EDT
Consumer Groups Call for Reversal of Bankruptcy Court's Decision to Exempt Chrysler from Accountability
Ruling that Undermines Lemon Laws in 25 States Should Be Overturned
WASHINGTON
Leading national consumer groups late Tuesday appealed the decision of
the federal bankruptcy court overseeing the Chrysler bankruptcy
proceeding, asking the court to preserve consumer protection laws and
the rights of victims injured by vehicle design flaws and defects to
seek compensation from Chrysler.
With the stroke of a pen, the bankruptcy court exempted
the new Chrysler/Fiat company that will emerge from bankruptcy
proceedings from accountability to consumers who have suffered or will
suffer injury or loss caused by defects.
Today's appeal was filed on behalf of the Center for Auto Safety, Consumer Action, Consumers for Auto Reliability and Safety (CARS), National Association of Consumer Advocates (NACA) and Public Citizen.
"Even in the event of bankruptcy, consumers must be able to hold
corporations like Chrysler accountable," said Adina H. Rosenbaum of
Public Citizen, lead counsel for the consumer groups.
Added Clarence Ditlow, director of the Center for Auto Safety, "The
bankruptcy court is eliminating key provisions in 25 state lemon laws
that consumer groups have worked for 30 years to get on the books.
These crucial protections went out the door with the stroke of a pen in
the Chrysler bankruptcy order."
If the bankruptcy court decision for Chrysler is
any indication of how General Motors' bankruptcy will play out, more
than a third of all vehicles on the road covered by lemon laws will
lose protection, said Ditlow.
If the ruling is allowed to stand, the new
Chrysler will not be responsible for any of its vehicles on the road
today after it emerges from bankruptcy. There will be zero liability
for the new company for consumers who suffer injury or death due to
egregious defects, nor will those with pending claims have any legal
recourse against the new company.
The decision also will have long-lasting consequences for lemon laws throughout the country. Owners
of Chrysler vehicles who seek refunds under state lemon laws will be
left with severely limited remedies; the Chrysler/Fiat sales order
approved by the judge contains language that would exclude it from
certain civil penalties and other liabilities for defective vehicles.
"Consumers must be confident enough in the Chrysler brand to
purchase their vehicles if the company expects to survive," said
Rosemary Shahan, president of CARS, a nonprofit consumer group based in
Sacramento, Calif. "If Chrysler gets away with this, there is no
guarantee that the new Chrysler/Fiat won't do the same thing to anyone
buying their cars in the future."
Linda Sherry, director of national priorities at Consumer Action,
added, "Consumer Action is committed to fighting this lemon of a
decision, which could result in real tragedy around the country."
"Starting off by avoiding accountability is no way to begin
rebuilding consumer confidence in the new Chrysler," said Ira
Rheingold, director of NACA.
The groups' appeal was filed jointly with three individuals who have
cases pending against Chrysler for injuries and deaths caused by
Chrysler vehicles. The individual objectors are represented by the law
firms Lieff Cabraser Heimann & Bernstein in San Francisco, and
Stichter, Riedel, Blain & Prosser in Tampa, Fla.
Separately, families and victims of defective GM and Chrysler
vehicles from six states, including men, women and children
catastrophically injured due to defective cars, will hold a press
conference at 11 a.m. today in 2226 Rayburn House Office Building. They
will speak right before the U.S. Senate Committee on Commerce, Science,
and Transportation's hearing on GM restructuring and will ask Congress
not to leave injury victims out in the cold.
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
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Arctic Tundra Has Turned From 'Carbon Sink to Carbon Source' in Dangerous Flip: NOAA
"This is yet one more sign, predicted by scientists, of the consequences of inadequately reducing fossil fuel pollution," said one scientist.
Dec 10, 2024
Permafrost in the Arctic has stored carbon dioxide for millennia, but the annual Arctic Report Card released by the National Oceanic and Atmospheric Administration reveals a concerning shift linked to planetary heating and a rising number of wildfires in the icy region: The tundra is now emitting more carbon than it is storing.
The report card revealed that over the last year, the tundra's temperature rose to its second-highest level on record, causing the frozen soil to melt.
The melting of the permafrost activates microbes in the soil which decompose the trapped carbon, causing it to be released into the atmosphere as planet-heating carbon dioxide and methane.
The release of fossil fuels from the permafrost is also being caused by increased Arctic wildfires, which have emitted an average of 207 million tons of carbon per year since 2003.
"Our observations now show that the Arctic tundra, which is experiencing warming and increased wildfire, is now emitting more carbon than it stores, which will worsen climate change impacts," said Rick Spinrad, administrator of NOAA. "This is yet one more sign, predicted by scientists, of the consequences of inadequately reducing fossil fuel pollution."
Sue Natali, a scientist at the Woodwell Climate Research Center in Massachusetts and one of 97 international scientists who contributed to the Arctic Report Card, told NPR that 1.5 trillion tons of carbon are still being stored in the tundra—suggesting that the continued warming of the permafrost could make it a huge source of planet-heating greenhouse gas emissions.
Along with the "Arctic tundra transformation from carbon sink to carbon source," NOAA reported declines in caribou herds and increasing winter precipitation.
The report card showed that the autumn of 2023 and summer of 2024 saw the second- and third-warmest temperatures on record across the Arctic, and a heatwave in August 2024 set an all-time record for daily temperatures in several communities in northern Alaska and Canada.
The last nine years have been the nine warmest on record in the Arctic region.
"Many of the Arctic's vital signs that we track are either setting or flirting with record-high or record-low values nearly every year," said Gerald (J.J.) Frost, a senior scientist with Alaska Biological Research, Inc. and a veteran Arctic Report Card author. "This is an indication that recent extreme years are the result of long-term, persistent changes, and not the result of variability in the climate system."
Brenda Ekwurzel, a climate scientist at the Union of Concerned Scientists, emphasized that the continuous release of fossil fuel emissions from oil and gas extraction and other pollution has caused the Arctic to warm at a faster rate than the Earth as a whole over the past 11 years.
"These combined changes are contributing to worsening wildfires and thawing permafrost to an extent so historic that it caused the Arctic to be a net carbon source after millennia serving as a net carbon storage region," said Ekwurzel. "If this becomes a consistent trend, it will further increase climate change globally."
The Arctic Report Card was released weeks before President-elect Donald Trump is set to take office. Trump has pledged to slash climate regulations introduced by the Biden administration and to increase oil and gas production. He has mused that sea-level rise will create "more oceanfront property" and has called the climate crisis a "hoax," while his nominee for energy secretary, Chris Wright, the CEO of the fracking company Liberty Energy, has claimed that climate warming is good for the planet.
"These sobering impacts in the Arctic are one more manifestation of how policymakers in the United States and around the world are continuing to prioritize the profits of fossil fuel polluters over the well-being of people and the planet and putting the goals of the Paris climate agreement in peril," said Ekwurzel. "All countries, but especially wealthy, high-emitting nations, need to drastically reduce heat-trapping emissions at a rapid pace in accord with the latest science and aid in efforts of climate-vulnerable communities to prepare for what's to come and help lower-resourced countries working to decrease emissions too."
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Huge Administrative Waste Makes Clear For-Profit Insurance Is 'Actually Very Bad': Analysis
"It is totally fair for people to identify private insurers as the key bad actor in our current system," writes Matt Bruenig of the People's Policy Project. "The quicker we nationalize health insurance, the better."
Dec 10, 2024
Last week's murder of UnitedHealthcare CEO Brian Thompson brought to the surface a seething hatred of the nation's for-profit insurance system—anger rooted in the industry's profiteering, high costs, and mass care denials.
But that response has led some pundits to defend private insurance companies and claim that, in fact, healthcare providers such as hospitals and doctors are the real drivers of outlandish U.S. healthcare costs.
In an analysis published Tuesday, Matt Bruenig of the People's Policy Project argued that defenders of private insurers are relying on "factual misunderstandings and very questionable analysis" and that it is reasonable to conclude that the for-profit insurance system is "actually very bad."
"From a design perspective, the main problem with our private health insurance system is that it is extremely wasteful," Bruenig wrote, estimating based on existing research that excess administrative expenses amount to $528 billion per year—or 1.8% of U.S. gross domestic product.
"All healthcare systems require administration, which costs money, but a private multi-payer system requires massively more than other approaches, especially the single-payer system favored by the American left," Bruenig observed, emphasizing that excess administrative expenses of both the insurance companies and healthcare providers stem from "the multi-payer private health insurance system that we have."
He continued:
To get your head around why this is, think for a second about what happens to every $100 you give to a private insurance company. According to the most exhaustive study on this question in the U.S.—the CBO single-payer study from 2020—the first thing that happens is that $16 of those dollars are taken by the insurance company. From there, the insurer gives the remaining $84 to a hospital to reimburse them for services. That hospital then takesanother $15.96 (19% of its revenue) for administration, meaning that only $68.04 of the original $100 actually goes to providing care.
In a single-payer system, the path of that $100 looks a lot different. Rather than take $16 for insurance administration, the public insurer would only take $1.60. And rather than take $15.96 of the remaining money for hospital administration, the hospital would only take $11.80 (12% of its revenue), meaning that $86.60 of the original $100 actually goes to providing care.
High provider payments, which some analysts have suggested are the key culprit in exorbitant healthcare costs, are also attributable to the nation's for-profit insurance system, Bruenig argued.
"Medicaid and Medicare are able to negotiate much lower rates than private insurance, just as the public health insurer under a single-payer system would be able to. It is only within the private insurance segment of the system that providers have been able to jack up rates to such an extreme extent," he wrote. "Given all of this, I think it is totally fair for people to identify private insurers as the key bad actor in our current system. They are directly responsible for over half a trillion dollars of administrative waste and (at the very least) indirectly responsible for the provider rents that are bleeding Americans dry."
"The quicker we nationalize health insurance," he concluded, "the better."
Bruenig's analysis comports with research showing that a single-payer system such as the Medicare for All program proposed by Sen. Bernie Sanders (I-Vt.), Rep. Pramila Jayapal (D-Wash.), and other progressives in Congress could produce massive savings by eliminating bureaucratic costs associated with the private insurance system.
One study published in the Annals of Internal Medicine in January 2020 estimated that Medicare for All could save the U.S. more than $600 billion per year in healthcare-related administrative costs.
"The average American is paying more than $2,000 a year for useless bureaucracy," said Dr. David Himmelstein, lead author of the study, said at the time. "That money could be spent for care if we had a Medicare for All program."
Deep-seated anger at the systemic and harmful flaws of the for-profit U.S. insurance system could help explain why the percentage of the public that believes it's the federal government's responsibility to ensure all Americans have healthcare coverage is at its highest level in more than a decade, according to Gallup polling released Monday.
"There's a day of reckoning that is happening right now," former insurance industry executive Wendell Potter, president of the Center for Health and Democracy, said in an MSNBCappearance on Monday. "Whether we're talking about employers, patients, doctors—just about everybody despises health insurance companies in ways that I've never seen before."
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Extreme Weather Fueled by Climate Crisis Cost Insurers $600 Billion
"Unless we cut emissions sharply this decade, climate damages will grow exponentially and could overwhelm both insurers and economies," one expert warned.
Dec 10, 2024
A report out Tuesday shows that the fossil fuel-driven climate emergency accounts for an estimated $600 billion of global insured weather losses over a recent two-decade period, which a campaign targeting the insurance industry called "an immense climate price tag that insurers have long been passing on to policyholders."
Insure Our Future, the international campaign behind the eighth annual scorecard, is supported by advocacy groups including Ekō, Greenpeace, Mazaska Talks, Public Citizen, Rainforest Action Network, Reclaim Finance, the Sunrise Project, and Waterkeeper Alliance.
The report—titled, Within Our Power: Cut Emissions Today To Insure Tomorrow—"examines what 20 years of climate attribution science reveals about today's insurance crisis, explores the status of gross direct premiums from insuring fossil fuels and renewable energy activities, and analyzes the coal, oil, and gas policies of 30 leading primary insurers and reinsurers."
While climate-attributed losses from 2002 to 2022 worked out to around $30 billion annually, the financial burden was not evenly spread out over those 20 years. Instead, the report says, such losses "have recently accounted for a growing share of insured weather losses, showing how decarbonization is crucial to contain soaring insurance costs."
"The climate-attributed share of insured weather losses rose from 31% to 38% over the last decade on average, and their annual growth (6.5%) significantly outpaced thegrowth of the insured losses (4.9%)," the publication explains. "In 2022, $52 billion out of $132 billion was climate-attributed."
The other key findings are:
- Estimated climate-attributed losses for 28 top property and casualty insurers ($10.6 billion) approached the fossil fuel premiums they collected ($11.3 billion) in 2023—and for more than half the companies, they exceeded them;
- The renewable energy insurance market is still under 30% of the size of the fossil fuel insurance market in 2023, threatening to be a bottleneck for investments in the climate transition; and
- At the brink of 1.5°C, insurers are abandoning at-risk communities worldwide while enabling fossil fuel expansion that drives these risks higher—requiring immediate policy and regulatory action.
The report acknowledges that its findings arrive amid scientists' warnings that 2024 is on track to be the first full year to breach 1.5°C—the Paris agreement's target for temperature rise this century. The latest meeting for countries signed on to that treaty, held in Azerbaijan last month, concluded with what critics called a "big F U to climate justice."
Like activists and experts outraged by the conclusion of COP29, Ilan Noy, a professor focused on the economics of disasters and climate change at New Zealand's Victoria University of Wellington, stressed the importance of bolder global action in response to the Insure Our Future report.
"Insurers are fundamentally misunderstanding climate risk by failing to recognize how greenhouse gas emissions have driven up losses throughout this century," Noy said in a statement. "Unless we cut emissions sharply this decade, climate damages will grow exponentially and could overwhelm both insurers and economies."
🔎 The scandal: Fossil fuel underwriting is less than 2% of insurers’ premium income - pocket change. Yet this small slice enables massive fossil fuel expansion, pushing our planet toward irreversible tipping points. [3/8]
— Insure Our Future Global (@insureourfuture.bsky.social) December 10, 2024 at 4:13 AM
Laurie Laybourn, director of the U.K.-based Strategic Climate Risks Initiative, similarly suggested that the climate emergency poses an existential threat to the insurance industry while discussing Insure Our Future's report with Forbes' David Vetter.
"Because insurance impacts are mounting and because we don't have an insurance system built for the way that climate change is evolving, this dynamic is only going to get much worse," Laybourn said. "As we're already seeing, governments are having to step in to effectively ensure that insurance can still exist in certain places."
"In Florida, you have a situation where flood insurance is increasingly receding and the government is having to make decisions about how and what to cover," he noted. "It's the case as well in the U.K., where major flooding events led to the creation of Flood Re, a government-backed reinsurance agency to cover places that are effectively uninsurable through private markets."
Warning of a potential "doom loop" in which climate impacts cause instability that impedes adequately ambitious action, Laybourn added that "we need systems that are more resilient so that we can continue to remain focused on decarbonization, even as things get more unstable."
⏰ Time’s up for ‘voluntary’ action. While Generali overtook Allianz in our #Scorecard with stronger oil & gas restrictions, the industry is stalling on fossil fuels while accelerating its retreat from communities. [7/8]
— Insure Our Future Global (@insureourfuture.bsky.social) December 10, 2024 at 4:13 AM
The new report offers a roadmap to a more resilient insurance system. As the document points out, this is the first time Insure Our Future has included policy recommendations for lawmakers and regulators.
The publication urges insurance firms to immediately stop insuring new fossil fuel projects or any customers from the industry that have not published a transition plan for the 1.5°C goal. It also calls on insurers to set their own binding Paris-aligned targets and to divest from coal, gas, and oil companies.
The report further pushes insurers to align stewardship activities, trade associations membership, and public positions with a credible 1.5°C pathway; establish mechanisms to ensure clients fully respect human rights; and explore bringing fossil fuel companies to court "to make polluters rather than insurance customers pay."
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