For Immediate Release – Oct. 12, 2007

SEATTLE – The Approve 67 campaign condemned the latest Reject 67 ad as further evidence of campaign tactics taken from the insurance industry’s playbook: delay, deny, defend and attack its own customers.

“The treatment of our family by insurers when my father was dying and now after his death is truly unbelievable,” said Tiffany Forslund, daughter of David Potter. “We will continue our fight because my father dedicated his life to keeping families safe. It is unfortunate that is family must now continue his fight to protect other families in the wake of his unnecessary death but that is what my dad would have wanted,” said Forslund.

“The Reject 67 campaign’s attempts to discredit Tiffany Forslund are symptomatic of what the industry does to consumers. It’s how they treat consumers in court, it’s how they handled themselves in the Legislature and it’s how they are running their campaign,” said Sue Evans, spokesperson for the Approve 67 campaign.

The latest attack comes after Pierce County Superior Court Judge Thomas Felnagle reaffirmed today that Forslund and her family have a legitimate claim against the city of Puyallup and its insurers and administrators for their intentional acts to deny the claims of Potter, a Puyallup firefighter who was denied life-saving treatment for his leukemia.

Judge Felnagle ruled Potter’s family could sue the city of Puyallup, its insurer Safety National Casualty and its insurance administrator Penser North America on the basis of “intentional infliction of emotional distress” -- a tort of outrage. The Potter family won approval to pursue claims for wrongful death and intentional infliction of emotional distress, based on the outrageous conduct that devastated Potter’s life and his children before and after their father’s death.

The Approve 67 campaign has released court-filed documents that show the insurance company handling Potter’s claim for the city of Puyallup intentionally delayed the treatment that would have saved Potter’s life. It approved the claim after he died. Because the city of Puyallup is selfinsured, it relies on Safety National Casualty to pay claims over a specific dollar amount. Internal emails from Safety National Casualty show its calculated attempts to deny Potter’s claim in order to avoid financial responsibility. Those documents from the court and internal emails that clearly demonstrate their right to pursue a legal claim and the insurer’s attempt to deny the claims are available at www.approve67.org/node/66.

Potter’s case would fall under Referendum 67’s provisions because:

• Potter had an insurance policy that contained a series of benefits that would be covered by Referendum 67. These policies are often provided to firefighters and certain law enforcement agencies that would be subject to Referendum 67.
• Potter’s $100,000 cash down payment required for a bone marrow transplant should have been covered with no cash from Potter. Other benefits covered under his insurance benefits included his disability policy through Puyallup and its insurer, Safety National Casualty.
• Instead, Safety National Casualty dragged out Potter’s claim and tried to prove his 20-year firefighting career did not cause the leukemia. Potter and his family were unable to raise the money for the down payment themselves. Under Washington law, leukemia is an occupational disease because firefighters are exposed to smoke, fume and toxic chemicals on the job.
• Potter never got the treatment that would have saved his life and died almost a year after finding out he had the aggressive cancer. Safety National Casualty eventually approved his claim after he died.
• Had the insurer responded as quickly to protect Potter, as it did to protect its own money no lawsuit would be necessary. “Now more than ever, Washington voters need to vote Yes on Referendum 67 to ensure the insurance industry is held accountable for its unfair treatment of consumers,” said Evans. “Attempts to squelch this campaign for consumers will be fought every step of the way along side more than 85 organizations in the state supporting Referendum 67.”

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Contact:
Sue Evans
206.792.0408
Sevans@approve67.org