Georgia State Rep. Tanya Miller: “Tipping the Scales for Goliath: Why Tort Reform Hurts Georgia Citizens”
Jan 22, 2025
Watching the devastating wildfires in California, I was struck by a gut-wrenching scene shared by Tyler Perry: a daughter desperately using a garden hose to protect her 90-year-old parents’ home because their insurance had been canceled. This is the human toll of corporate greed—a story that’s far too familiar for many Georgians. While Georgia families and businesses face skyrocketing insurance premiums or outright cancellations, the Republican majority in our state legislature has failed to act.Instead of holding insurers accountable, some Georgia Republicans have focused on “tort reform,” attempting to limit your right to seek justice in court. But so-called tort reform won’t lower your premiums. It won’t stop insurance companies from denying claims. It won’t prevent them from abandoning policyholders during times of crisis. Tort reform is a distraction—an orchestrated ploy to protect the billion-dollar insurance industry at the expense of hardworking Georgians.Let’s be clear: Insurance companies are not struggling. Last year alone, the industry raked in over $80 billion in profits. These companies have mastered the art of squeezing every last penny out of their policyholders while denying them the coverage they’ve paid for. From hurricanes to wildfires to everyday accidents, insurers employ a calculating strategy: delay payments, deny claims, and defend their profits at all costs.This predatory behavior isn’t just an annoyance; it’s devastating. After Hurricane Helene, we saw how families across Georgia were abandoned by their insurers when they needed help the most. As WTXL reported, one family in Lowndes County, whose home was severely damaged by the storm, was forced to navigate months of hurdles just to get their insurer to cover basic repairs. Their insurer initially denied their claim outright and later offered a payout so low it barely covered a fraction of the costs. Stories like theirs are becoming all too common, as insurance companies prioritize profits over people.In Georgia, rural and minority neighborhoods often bear the brunt of this exploitation, facing higher premiums and fewer protections. And yet, when given the opportunity to act, Georgia Republicans have sided with the insurance industry time and again. They’ve refused to implement basic consumer protections, like capping premium increases or requiring transparency in rate-setting. They’ve ignored calls to strengthen oversight and enforcement, allowing insurers to continue operating without accountability.Their framing of this issue is as dishonest as it is dangerous. Republicans and insurance companies claim that “frivolous lawsuits” are driving up premiums, but they know full well that our courts are already equipped to handle that. Judges can—and do—dismiss meritless lawsuits and apply strong sanctions to attorneys who bring them. Instead of demanding clear proof from insurance companies that successful citizen lawsuits are causing premiums to rise, Republicans want us to take their word for it.The truth is, it’s the insurance companies and their lawyers who gamble that juries will side with their clients. Now, they want to weaken one of the few avenues citizens have to seek justice when they’ve been harmed: their constitutional right to seek justice in court from a jury of their peers. Rather than holding insurance companies accountable, Republicans are standing in defense of corporate Goliaths while everyday Georgians are left to fight for their homes, their businesses, and their dignity.The citizens of Georgia—and our business community—must put the blame for rising premiums squarely where it belongs: on the shoulders of insurance companies. This entire push for tort reform is a ploy to protect record profits while stripping citizens of their rights under the Georgia Constitution to have their day in court.Georgia State Representative Tanya F. Miller, D-Atlanta, speaks from the well inside the Georgia House Chamber on Monday, March 20, 2023. (Photo: Itoro N. Umontuen/The Atlanta Voice)Here’s how we fix this:Transparency in Rate-Setting: Insurers must justify their premiums and provide full transparency in how rates are calculated. If they want to raise rates, they should have to prove the increase is necessary—not just profitable.
Capping Premium Increases: We need limits on how much insurers can increase premiums annually without state approval. Families and businesses shouldn’t face sudden, unaffordable hikes just because an insurer wants to pad its bottom line.
Stricter Oversight: The Georgia Insurance Commissioner’s office must have the resources and authority to investigate unfair practices and enforce regulations. Insurers that manipulate estimates or deny legitimate claims should face real consequences.
Consumer Advocacy: Let’s establish a state consumer advocate to represent policyholders in rate hearings. For too long, the voices of everyday Georgians have been drowned out by industry lobbyists.These are common-sense solutions that address the root causes of rising insurance costs without sacrificing Georgians’ constitutional rights.Republicans claim that successful citizen lawsuits are to blame for high premiums, but data shows otherwise. States with strict tort reform laws haven’t seen significant decreases in premiums—in fact, some have seen rates go up. The problem isn’t the courtroom; it’s the boardroom.Let’s not forget who pays the price for inaction on accountability in the insurance industry. It’s the small business owner who can’t afford rising premiums. It’s the single mom whose home insurance was canceled right before a natural disaster. It’s the retiree forced to dip into savings because their claim was denied.Tyler Perry highlights a story that isn’t unique—it’s emblematic of a broken system that prioritizes corporate greed over human dignity. As legislators, it’s our duty to fix that system. The people of Georgia deserve leadership willing to stand up to the insurance industry and fight for fairness, accountability, and justice.So, enough with the fancy words—most citizens don’t know what a tort is, let alone why it needs “reform.” Georgia leaders face a choice: Fight to protect the powerful from accountability or demand that insurance companies stop hiding behind words like “tort reform” to shield their insatiable quest for profits. It’s high time they stop taking gambles in the courtroom and focus on honoring those whose money they took on a promise to protect them. I know where I will stand. Georgia State Representative Tanya F. Miller, ESQ., is a Democrat representing the 62nd State House District which contains portions of Atlanta and East Point. Miller has extensive career experience that includes working as a prosecutor and assistant district attorney with Fulton County and as a lawyer with the U.S. Justice Department. Miller also serves as the lead counselor with the Georgia Federation of Public Service Employees (GFPSE). The views and opinions expressed are entirely her own.The post Georgia State Rep. Tanya Miller: “Tipping the Scales for Goliath: Why Tort Reform Hurts Georgia Citizens” appeared first on The Atlanta Voice.