I think there are perhaps some legitimate concerns by small business owners, but I don't think that the trouble is with the litigation. I think the problem is with insurance companies. Now, the gentlewoman and I both serve on the Financial Services Committee; and one of the concerns we have been grappling with, particularly in the aftermath of Hurricanes Katrina and Rita on the gulf coast, is that insurance companies that are not regulated by the United States Federal Government from time to time are the culprits, and I will get back to that in just a minute. But I wanted to say that the tort filings in State courts have declined by 10 percent since 1994. And automobile filings which make up the majority of tort claims have fallen 14 percent. So what you are finding is that more and more cases are not finding their way into the courts. But what troubles me and I think will trouble Americans when they find out more about it is the fact that the insurance companies end up really being the beneficiaries in the debate that occurs from time to time in this country on the subject of tort reform. The reason I say that is that there was a study done that showed that even in States where tort reform occurred, insurance premiums never dropped, and in some instances they actually increased.
Emanuel Cleaver: “I think there are perhaps some legitimate concerns by small business owners, but I don't think that the trouble is with…”
Editor's note · Context
Discussing the impact of tort reform and insurance companies on small businesses and litigation.
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