European Stars And Stripes (Newspaper) - May 4, 1986, Darmstadt, Hesse Page 10 columns James j. Kilpatrick the stars and stripes sunday May 4,1986 lawyers deserve Day in court in insurance Battle Al i fat Tysl talc in ._.,_,.v. \. \ i i in Mir 1 of 42vtin re cent months he insurance Industry has launched an impressive Campaign of Public relations. The idea is to justify is role in what is widely described As the crisis in liability coverage. There s in Oiher Side to the Story the lawyers Side. It deserves a fair shake. The Industry contends that in 1984 it suffered an underwriting loss on property and casualty policies of More than $20 billion. Its experience last year was better it says but not much better. The Industry s position is thai two fac tors have compelled a Sharp increase in premiums. First sympathetic juries Over whelmed by persuasive lawyers have awarded undeserved millions of dollars in damages. And in what is known As Long Tail liability companies face huge outlays in cases involving toxic wastes or time delayed drugs. The Industry is lobbying Congress and state Legislatures to put ceilings on dam Ages and to make other changes in the area of tort but the association of trial lawyers of America is fighting Back. The lawyers contend to begin with that the insurance lobby has clouded the Industry s books with Blue smoke. Insurance companies derive their income from two Broad sources Premium pay ments and investments. If one looks Only at the operating Side yes the companies have suffered operating losses. But when account is Given to investment income and to capital gains from the Sale of Slock a Dif Ferent picture emerges. Over the past 30 years the lawyers observe properly and casualty Assels have grown from s22 billion to s26s billion a growth that hardly suggests an Industry that s in terrible trouble. What about these multimillion Dollar judgments the insurance lobby quotes figures from jury verdict research inc., of Solon Ohio indicating an average award in product liability cases in 1984 of si.07 million and an average award in malpractice cases of $950,000. The data show 360 verdicts in 1983 alone of More than $8 million. The lawyers respond that the statistics arc seriously flawed. They Are not based on Anthony Lewis. The jury if m3u think the for vkt1m a in pure new unable ,.� How our Law firm will feel if we chunk of his damage award Pont get a humow5ojs a random Sample of awards nationwide. They arc not confined solely to properly casualty cases. Neither do these aver Ages take into account the great majority of claims that arc settled out of court. Studies in Wisconsin Massachusetts and California provide no confirmation for the High averages reported by jury verdict research. In any event the trial lawyers contend the rare multimillion Dollar verdicts arc abundantly deserved. These come in cases involving permanent paralysis permanent brain damage multiple amputations or patently wrongful death. In such cases a surviving plaintiffs life has been ruined the death of a Young and successful bread Winner imposes painful hardship on a fam ily. To Cap awards for pain and suffer ing the lawyers say. Is grossly unfair in these instances. The insurance Industry suggests that trial lawyers arc More concerned with their High contingent fees than with he pain and suffering of their clients. These fees typically Range from 30 percent to 50 per cent of an award. The lawyers respond by saying that if the defendant wins the plaintiffs lawyer gels nothing and Doc tors win about 75 percent of the malpractice suits brought against them. If lawyers Are denied generous compensation when they win a plaintiffs Case fewer lawyers will Lake the close cases will he Clad Doc tors manufacturers and municipalities will be Overly protected. Who s right my own conclusion is that the crisis for whatever reason is real. Liability insurance in Many Fields has be come virtually unavailable at any affordable Cost. The evidence persuades me As it persuaded an advisory commission in new York that the insurance Industry s wounds arc largely it greedily competed for Cul rate business when inter est rates were High now that interest rates arc falling its investment income is insufficient to offset operating losses. Much tighter state supervision of the insurers will be required. So we proposals for Reform of tort Law strike me As desirable but i put those off for another Day. The insurance Industry has had its Day in the court of Public relations. The trial lawyers deserve a hearing in heir own defense. Pc Universal press Syndicate customs officials infringing on constitutional rights Michael Conroy is a professor of economics at the University of Texas. He is Active in the latin Ameri can studies association the leading scholarly group on the subject in the United states. Last Spring Conroy spent a week in Nicaragua. He re turned to the Houston Airport on june 2. There a , Cus Toms officer went through his Luggage saying he was looking for subversive material. He took out books academic papers and Conroy s notes of interviews. He asked Conroy about the people he had interviewed in Nicaragua. A second official who could read Spanish was called Over to look at the material. He told Conroy that one Book might be subversive because it attacks the United last month Conroy made another visit to Nicaragua. This time his return flight was to san Antonio. When an immigration officer typed his name into the computer the officer looked up in alarm and directed him to customs. There again his papers notes letters books and newspapers were examined. Americans who believe what they have been taught about Freedom of thought in their country must be sur prised to know that customs officers in Texas searched the Luggage of an american returning from Nicaragua for subversive ideas. Surely that must be highly unusual. But it is not. Alice Cidy is a registered nurse who lives in Santa Mon Ica Calif. She has done a Good Deal of health care work in Nicaragua. On april 2, 1985, she returned from an eight month stay there Landing at the new Orleans Airport. Customs officers searched Cidy s Luggage and her purse. They took her address Book and notes about a proposal for relationship Between Nicaragua and . Hospitals and photocopied them. They opened and read sealed personal letters that she was taking to americans. While doing All this the officers asked her hostile questions about Why she went to Nicaragua. Sima Rabinowitz is a professor of Spanish at Gettys Burg College in Pennsylvania she spent two weeks in Nicaragua in 1984, returning to the Miami Airport. There customs agents took about 30 books and pamphlets from her Luggage. They would be sent to the Fri the agents said because they were subversive and not allowed. Rabinowitz protested that Many of the books were in american libraries. The agents were unimpressed. When she got Home Rabinowitz telephoned a customs office. She was told to write a letter. Ten Days later some of the seized books were mailed Back to her. The rest were sent later to a fellow passenger who had protested her treatment at the Airport. Those Are among Many such incidents at airports All around this country. Together they make Clear that Cus Toms officers and others make a practice of harassing americans who have been to Nicaragua examining their papers and books copying addresses and other Persona material. Some months ago i wrote about one american who had been harassed by customs and Fri agents Edward Haase. A suit was brought on his behalf by the Center for constitutional rights in new York. A Federal judge in Washington ordered the Fri to return everything its agents had taken from Haase. But the judge refused to order customs and the Fri to Stop such practices generally saying he thought this was an isolated incident unlikely to be repeated. That Case is on Appeal. Now the Center for constitutional rights has brought a suit on behalf of 10 americans whose papers were scrutinized seized and copied on return from Nicaragua and on behalf of organizations and other individuals interested in Nicaragua. The suit asks the Federal court in los Angeles to enjoin such practices generally. No doubt it is naivete on my part but i continue to be shocked that officials of the United Stales government openly carry on such in american activities. Do they have so Little Confidence in the american system that they think it is threatened by foreign books do they Nave so a talc knowledge of our Constitution that they think they. Can punish and intimidate people who disagree with government policy ran administration officials involved a i c rep Allenl a Licy should learn by heart act words written by Justice Holmes 60 years ago. If or Siany i Ciplic of the Constitution that More imperatively Calls for attachment than any other he said it is the principle of free thought not free thought for that we Freedom for the "i0u8lt la new York Tom e a
