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*Plaintiff's Only Product
In 1992 Allstate started a pilot project that has changed the way insurance companies in America treat their customers, leading to record profits for the company. Since that time, 50% of the insurance industry has scrambled to incorporate these techniques. Now, two of the nation's leading experts on Allstate's claims practices divulge the change in Allstate. David Berardinelli is the bad faith lawyer who diligently worked to become the first to obtain the McKinsey Documents unprotected, and discusses them here at length. Michael Freeman, co-author of Litigating Minor Impact Soft Tissue Cases, and the nation's leading expert on injuries in minor impact collisions, discusses Allstate's MIST program.
The book provides instruction for every level of trial lawyer, from those dealing with Allstate on a case-by-case basis on personal injury claims, to the most difficult bad faith and class action cases. It considers why Allstate changed from dealing with policyholders with "Good Hands" to "Boxing Gloves," how to deal with the change at Allstate and other insurers, and how to win against the insurers that use a "Boxing Gloves" mentality when handling claims.
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- Foreword
- Part I: False Promises
- Prologue
- Casualty Insurance
- Insurance and the Can of Mother's Peas
- The McKinsey Method
- From Sears to CCPR
- McKinsey's Original Presentation
- The Zero-Sum Economic Game
- McKinsey's Closed File Survey
- Good Hands or Boxing Gloves
- Colossus
- The Enron Performance Measures
- Boxing Gloves Litigation
- The Zero Sum Discovery Game
- Winning the Trade Secret Discovery Game
- On-Demand Protective Orders
- Part II: MIST, CCPR, and Fraud
- Prologue
- MIST Segmentation Protocols
- The Science of MIST
- MIST and Biomechanics
- MIST Experts
- Part III: Colossus
- Part IV: The McKinsey Slides
- A. The McKinsey Slides 1-999
- B. The McKinsey Slides 1000-1999
- C. The McKinsey Slides 2000-2999
- D. The McKinsey Slides 3000-3999
- E. The McKinsey Slides 4000-4999
- F. The McKinsey Slides 5000-5999
- G. The McKinsey Slides 6000-6999
- H. The McKinsey Slides 7000-7999
- I. The McKinsey Slides 8000-8999
- J. The McKinsey Slides 9000-9999
- K. The McKinsey Slides 10000-10999
- L. The McKinsey Slides 11000-11999
- M. The McKinsey Slides 12000-12999
- Part V: The McKinsey Slide Pictures
- N. The McKinsey Slide Pictures
- Table of Authorities
- Index
What Legal Leaders Are Saying
— United PolicyholdersThis book delves deep into the dark heart of the profit-boosting strategies that “efficiency” consulting firm McKinsey & Company cooked up with Allstate and the dramatic negative impact they have had on policyholders.
— Mark A. Steinberg, Steinberg & Linn, PAWhere was this book twenty-five years ago when I started prosecuting personal injury cases? To understand how Allstate works you only need to read a few pages. This is truly a fantastic book.
— William D. Robison, Vancouver, WashingtonThis work presents an excellent explanation of the source of the MIST defense and will be of use in both MIST cases and the bad faith cases that accompany them. To beat your enemy you must first know your enemy.
— Joel B. Robbins, Phoenix, ArizonaI began reading this book and was captivated not only the knowledge that it provided to those of us lawyers who will still try a soft tissue case but as a standalone novel. The story reads like a Tom Clancy novel with the cast of evil characters trying to distort the tort system and deny rightful compensation to those who seek it.
— Melvin B. Wright, FloridaGood Hands To Boxing Gloves is a must-read for every attorney who litigates automobile accident cases and should be in every litigator’s library. Dr. Freeman’s chapters methodically debunk the junk science of the MIST (minor impact soft tissue) defense with ease and eloquence. Don’t handle another soft tissue case without reading this treatise!
— Gregory W. Bagen, New YorkIf only we could get this information to the masses, or, more importantly, to the legislative bodies and judiciary. This book should be required reading for them all, and for every applicant for an insurance license or insurance industry job.
— Steven E. Heintz, FloridaThe book re-inspired me and recharged my batteries. The exposure of the blatant misrepresentations that Allstate has used to cheat innocent victims can really stoke the fire to fight for justice.
— Bruce H. Stern, Esq., past chair of ATLA Traumatic Brain Injury Litigation Group and the Motor Vehicle, Premises, and Highways SectionMichael D. Freeman, Ph.D., one of the nations leading forensic epidemiologists, has built his career fighting against junk science in the courtroom. Dr. Freeman is to be congratulated for his outstanding work in protecting victims’ rights.
— Kenneth J. Allen, kenallenlaw.comDavid Berardinelli’s book From Good Hands to Boxing Gloves is an essential tool for any trial lawyer handling bad faith claims against Allstate. This is definitely a book Allstate doesn’t want you to read but one which I highly recommend!
— Chicago Tribune, “Author throws punch at Allstate,” May 3, 2006Allstate Corp., fresh from fending off criticism about its response to policyholders affected by Hurricane Katrina, faces another potential storm, this one from an author [David J. Berardinelli] who claims the insurer is forcing policyholders to accept prompt but lower payouts or risk time-consuming and expensive litigation… The book [tells how and why] the nation’s second-largest home and auto insurer treats some policyholders with ‘Boxing Gloves’ during their time of financial and personal duress, rather than the reassuringly familiar ‘Good Hands’ highlighted in its advertising.
— Lexington Herald-Leader, “Allstate accused of cheating claimants,” July 9, 2006In great detail, the slides show how [Allstate] shareholders could profit from the new way of handling claims, according to Berardinelli’s notes. Based on public financial reports, Berardinelli estimates that Allstate has made at least $15 billion from CCPR by fighting minor claims, which make up the bulk of payouts.
— BusinessWeek, May 1, 2006It’s a story Allstate doesn’t want told.
— Eugene R. Anderson, called “The Dean of Policyholder’s Attorneys” by BusinessWeekMy reaction to reading an advanced copy of From Good Hands to Boxing Gloves is WOW!
— Lawrence A. Anderson, president of the Montana Trial Lawyers AssociationThrough many years of intense litigation against Allstate, Mr. Berardinelli has captured the essence of Allstate’s, and for that matter, the entire insurance claims industry’s, business practices.
— Shannon Kmatz, former Allstate adjusterThis book is phenomenal in bringing the wrongdoings of a major company to light. It is about time that the truth be told!
— Robert J. Hommel, Esq., Scottsdale, ArizonaThrough extraordinary effort, David Berardinelli has accomplished what insurance consumer advocates have been pursuing for a decade. He has exposed the smoking guns behind corporate malfeasance in the mold of Enron.
— Calvin Thur, Scottsdale, ArizonaThis book is a must-read for personal injury and bad faith trial lawyers engaged in cases with Allstate.