Peter Kinzler - Highway Robbery: The Two-Decade Battle to Reform Americas Automobile Insurance System

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Highway Robbery offers a sophisticated account of the long struggle to create a federal no-fault auto insurance system, explaining why passing a reform that promises to lower premiums, reduce administrative costs, and enhance benefits has proven so elusive. Along the way, Kinzler shows how the US policy-making system actually works and the difficulties of navigating political obstacles inside the Beltway. This crisply written book is ideal for courses on American politics and policymaking, offering an invaluable contrast to the standard how-a-bill-becomes-a-law texts in the field.

Jeb Barnes , professor of political science, University of Southern California

I highly recommend Peter Kinzlers book. Having worked with Peter on the public policy issue, which is the basis of this book, I believe readers will find it to be both fascinating and informative as to how public policy issues are pursued in the US Congress.

Herman Brandau , associate general counsel, retired, of State Farm Insurance

Peter Kinzler navigates through political and legislative gridlock that, underwritten for decades by the US insurance industry, has kept American citizens and motorists from reaching the destination of nationwide, no-fault insurance. Whether you take this historical excursion for academic purposes or simply to educate yourself on the bumps along the long-haul journey, rest assured Kinzlers style will keep you on course and fully alert behind the wheel.

Peter George Markwith , adjunct faculty, Bentley University, and owner, Unified Business Technologies, LLC

Peter Kinzlers masterful book provides an instructive, scholarly insiders analysis of two central issues confronting the American system of lawmaking: how to weigh the costs and benefits of proposed major social legislation and how the forces of competing interest groups combine to resolveor not resolvesuch proposals. Because Kinzler examines these general issues in the concrete setting of the decades long efforts to enact national no-fault auto insurance legislation, his analysis is particularly deep and rich.

Thomas G. Krattenmaker , former professor of law, Georgetown University Law Center

Everyone who drives a carand thus pays auto insurancemust wonder if there is a cheaper way. In this terrific book, Peter Kinzler tells the inside story of why no-fault auto insurance, that better and cheaper way, has yet to become widely available in this country. This book is that rare combination of excellent policy analysis and real-world politics, from a former insider, that can hopefully one day impel legislative reform to make no-fault auto insurance a reality.

Robert Litan , nonresident senior fellow and former director of the Economic Studies program at the Brookings Institution

Peter Kinzler provides a vivid and revealing account of his decades-long quest to enhance the value provided to automobile insurance consumers. The story accurately recounts his work to help consumers over the efforts of those who profit handsomely off of the liability system. A compelling read for those interested in congressional advocacy, true consumerism, liability system inefficiencies, and the $300 billion automobile insurance industry.

Steve McManus , senior vice president and general counsel, State Farm Mutual Automobile Insurance Company

Peter Kinzlers modern history of the effort to enact no-fault automobile insurance is a must-read book. He brings his considerable intelligence and his compelling judgments to bear. He makes a powerful argument for real reform, making it clear that the beneficiaries of a no-fault style reform are American car owners. They would save billions, not just in lower premiums, but also in better and fairer claim service. His case for reform is overwhelming, and though Peter is no longer on Capitol Hill, he continues to be a tireless advocate for this essential reform.

William Mattea , retired chief of staff to Senator Carol Moseley Braun

How the Sausage Fails to Get Made. That would be my subtitle for this worthy volume. It is the definitive history of the auto-insurance insanity; the engaging story of an idealistic lawyer, looking back after half a century in the legislative trenches; and, most importantly, instructive reading for serious young people contemplating careers in law, politics, or public service. Its up to them to figure out how we can do better.

Andrew Tobias , author of Invisible Bankers: Everything the Insurance Industry Never Wanted You to Know and The Only Investment Guide Youll Ever Need

HIGHWAY ROBBERY

STUDIES IN GOVERNMENT
AND PUBLIC POLICY

HIGHWAY
ROBBERY

The Two-Decade Battle to Reform
Americas Automobile Insurance System

Peter Kinzler

University Press of Kansas

2021 by the University Press of Kansas

All rights reserved

Published by the University Press of Kansas (Lawrence, Kansas 66045 ), which was organized by the Kansas Board of Regents and is operated and funded by Emporia State University, Fort Hays State University, Kansas State University, Pittsburg State University, the University of Kansas, and Wichita State University.

Library of Congress Cataloging-in-Publication Data

Names: Kinzler, Peter, author.

Title: Highway robbery : the two-decade battle to reform Americas automobile insurance system / Peter Kinzler.

Description: Lawrence : University Press of Kansas, 2021 . | Series: Studies in government and public policy | Includes bibliographical references and index.

Identifiers: LCCN 2020048506

ISBN 9780700632299 (cloth)

ISBN 9780700632305 (epub)

Subjects: LCSH: Automobile insuranceLaw and legislationUnited States. | Automobile insuranceGovernment policyUnited States. | Law reformUnited States.

Classification: LCC KF 1218 .K 2021 | DDC /. 0920973 dc

LC record available at https://lccn.loc.gov/ 2020048506 .

British Library Cataloguing-in-Publication Data is available.

Printed in the United States of America

10 9 8 7 6 5 4 3 2 1

The paper used in the print publication is acid free and meets the minimum requirements of the American National Standard for Permanence of Paper for Printed Library Materials Z. 1992 .

For my family and friends who listened patiently (suffered in silence?)
through all the years as I extolled the virtues of no-fault and
excoriated the vices of its trial lawyer opponents.
This is the whole story.

Figure 0.1. A 1976 Herblock Cartoon, The Herb Block Foundation. Prints & Photographs Division, Library of Congress.

CONTENTS

ACKNOWLEDGMENTS

All major legislative initiatives involve a wide group of advocates from across the political spectrum and from inside and outside the Congress. When I use the word we in this book, I really mean all the people I mention here, albeit not all at once in every situation. Each of them contributed significantly during these two legislative battles to secure markedly, though different, better auto insurance for the motoring public.

In twenty-five years working for the Congress and another fifteen lobbying it, never did I work on legislation that would have benefited more people, and never did I work with brighter, more committed people. The following is a list of all the excellent people I can remember. As this effort occurred over about a thirty-seven-year periodfrom the 1967 publication of the Keeton-OConnell book that first brought public attention to no-fault insurance to the end of federal Auto Choice efforts in 2004 naturally, many of the key players are deceased. The ones who left an indelible imprint on the effort are as follows:

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