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Lewis Fein

Lewis Fein

Lewis Fein writes about law and public policy, among other things. His commentary has been featured on CNBC, KABC Radio, Fox Business News and elsewhere. He is a graduate of the Emory University School of Law.

Recent Articles by Lewis Fein

How to Lead During the Pandemic

The insurance industry is in the midst of a crisis as bad as the Great Recession and possibly worse than the Great Depression.  The crisis worsens each day because of the COVID-19 pandemic.  We do not know when the worst will end.  We cannot predict when the pandemic itself will end. But we can choose […]

How to Cut Insurers’ Legal Costs

If insurers want to lower their legal costs, or at least make themselves less vulnerable to costly litigation, they need to increase their emphasis on safety.  They need to revise their policies to align with public policy. They need to make it their policy to ensure safety before they insure clients—before they issue insurance to […]

Better Treatments for Opioid Addiction

The opioid epidemic is a moral hazard of existential proportions. A test of the moral health of the insurance industry in which the question is, Will insurers acknowledge the severity of this threat by subsidizing better ways to treat this threat? Will insurers accept what patients concede and even cynics confess, that specific treatments for […]

America to Australia: A Cannabis Journey

Health insurance is more a question of what, rather than how. As in: What programs and prescriptions should insurers cover? What services outside the U.S. should insurers support, if the science is strong and success substantial? What should the insurance industry do, in particular, about the rise of medicinal cannabis? The questions are of a […]

A Way to Attack Healthcare Fraud

If insurers want to mitigate risk, rather than risk their time and money with litigation, if they want to guard against fraudulent claims, if they want to protect good doctors against wrongful claims, then they should invest in sound legal counsel. Insurers should highlight the value of retaining healthcare lawyers with the intelligence to know—and […]

A New Approach to Marketing

When the biography of a businessperson becomes a BizBio, when brains and Braun combine to create a pointillist portrait whose style evokes the ink drawings popularized by the Wall Street Journal, that is when nameplates cease to be vanity plates. That is when insurers become household names. Consider, then, the power of a BizBio: an […]

Advising With AI: A New Approach

If actuaries are the elite of the insurance industry, members of a licensed class whose workaday language is intelligible to few but influential to many, then business advisers are the interpreters of a separate yet equally important language: data. More to the point, business advisers are an independent class—hence their advisory role—in which they do […]

Visions of Safety and Pictures of Success

Sight is the savior of the insurance industry. Where insurers were once lost, where they were once blind, they can now find their way because they can see the way to safety and success. That technology allows policyholders to see everything is the best insurance policy of all. That video cameras reveal what we cannot […]

An Easy Way Forward on Health Costs

The fastest way for insurers to lower healthcare costs is also the easiest way to improve how people care for themselves and others. In three words, the way forward—for insurers and individuals—is basic life support (BLS). In three letters, the way to save a life is through CPR. If insurers provide incentives to customers to […]

When the Cosmetic Is Consequential

To insure is to choose whom to cover, and what not to cover. About the latter: Whenever the choice is between the consequential versus the cosmetic, whenever insurers deem a product or procedure to be inconsequential, and therefore cosmetic, they choose to deny coverage to the insured. That decision may be a matter of economics, […]

Time for Summit With Plaintiffs’ Lawyers

Though they are often opponents, plaintiffs’ lawyers and insurers are rarely enemies. They may agree only to disagree, arguing with vigor—and countering objections to their arguments—on behalf of justice, as they define it; as they implore a jury to ratify it; as they ask a judge to certify it; as they appeal to the public […]

Integrity First: Digital Marketing Manifesto

Insurers have one asset that is first among equals, that is too rare to risk and too rich to easily replace, that is too abstract for actuaries to calculate and too valuable to actualize with numbers alone, as if an extra comma here and another zero there can create worth without effort—if insurers look beyond […]

Why Insurers Must Communicate More

The government shutdown is a chance for insurers to inform the public without inciting the American people: to address people’s concerns about, say, their ability to buy health insurance from a site run by the government but governed by the market. This chance is temporary, which means now is not the time for insurers to […]

The Opportunity of a Lifetime

If insurers want to know the future, or to see the best approximation of it, they should review the events of 2018 so they can prepare themselves for the excitement of 2019. They should expand their emphasis on the theme of safety by rewarding companies and individuals for, respectively, teaching and learning basic life support […]

Ensure Success by Picturing It

Numbers may numb the senses, but that does not mean insurers should forsake the chance to achieve something that, in contrast to their current approach to marketing, can be numinous, relatively speaking, because neither a lack of communication nor communication that lacks style can yield anything of substance. Insurers need not go back to the […]

Choosing the Right Drug-Testing Courses

A drug-free workplace is a safer place to work, provided the drug testers themselves have passed the test; provided they have done the coursework; provided they have taken the right courses to do their jobs with accuracy and ease; provided the provider of the coursework is himself an expert—a professional who seeks to train like-minded […]

Whither the Fates Carry Us

Bermuda pays tribute to the Fates. It would, however, be tragic for insurance companies based in Bermuda to surrender themselves to the forces of whimsy and chance. It does not serve the interests of this island nation, of this remnant of the British Empire, to be true to the literal meaning of its motto, “Quo […]

Adopting New Standards of Safety

The duty of insurers is not to deny the need for new standards but to dedicate themselves to standardizing new—and superior—levels of safety. Why should they insist on doing otherwise, when the technology exists to heighten safety and lower costs; when the cost of doing business as usual looks safe but is far more dangerous […]

AI Still Needs Business Expertise

Artificial intelligence (AI) combines ability with autonomy. It is more than the product of its programming, as it evolves in real time—as it learns at an exponential rate—until it almost anticipates the needs of its users. It is proof of the existence of a greater good within the machine; that intelligence has many forms, and […]

How to Repair Car Insurance Policies

Car insurance is, to borrow the title of a book by Ralph Nader, unsafe at any speed. It is a gruesome fact, indeed, as the annual number of automotive fatalities is too large to be an abstraction and too sizable to be a purely academic matter. Maybe the reform the insurance industry needs—and the safety […]

Let’s Open Our Eyes to Work Safety Issues

Beware of those who seek to revise history by erasing or rewriting it altogether. This rule applies to the study of history, as well as the history of a subject such as consumer or construction safety. Indeed, for all the safety features that are now standard features in automobiles, from airbags and anti-lock brakes to […]

Marketing: A Plethora of Plagiarized Copy

I have a complaint against insurance agents, not a claim for them to file. Rather, I do have a claim—and reason to complain—regarding their use of marketing copy. Too much of what these agents write says too little about who they are and what they do. Too much of what they say sounds too similar […]

Logos: Insurance Against Boredom

If the insurance industry connotes feelings of safety, if people feel safe enough to feel bored talking about insurance, if it is better for insurers to be staid than sensational, too much safety can also be a bad thing. That is, boredom is not a brand-building device. It is an effect of safety, not its […]

Awareness: The Best Insurance Policy

Awareness is the best insurance policy. It saves costs by saving lives. It is as important to the fate of the insurance industry as it is to fate of the entire nation. The awareness I refer to comes from recognizing the risks we face and the ways we can solve them, starting with the one […]

The ‘Law’ Every Attorney Must Know

If lawyers are to represent insurers, if they are to be counselors in the fullest sense of the word, if they are to anticipate and answer questions of the highest importance, they must understand how technology continues to transform the insurance industry as a whole. They must not simply be aware of a few codicils […]

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