Delay, Deny, Defend by Jay M. Feinman Summary

Delay, Deny, Defend is a 2010 exposé by Rutgers Law professor Jay M. Feinman that reveals how major US insurance companies systematically avoid paying legitimate claims to maximize profits. The book examines the property and casualty insurance industry's transformation from trusted protector to profit-seeking entity, focusing on tactics insurers use to delay claim payments, deny valid coverage, and aggressively defend their decisions in court. Feinman provides real-world examples from companies like State Farm and Allstate while offering practical guidance for consumers to protect themselves.

Jay M. Feinman is a distinguished legal scholar and insurance law expert at Rutgers Law School who specializes in consumer rights, torts, and contract law. He has authored seven books and more than 60 scholarly articles throughout his career. As a member of the American Law Institute and advisor to United Policyholders, Feinman combines academic expertise with practical consumer advocacy. His teaching excellence has earned him numerous awards, establishing him as a leading authority on insurance industry practices and policyholder protections.

Delay, Deny, Defend is essential reading for anyone who holds insurance policies, particularly homeowners, auto, and health insurance. The book serves consumers who want to understand how insurance companies operate, lawyers handling insurance disputes, policymakers seeking industry reform, and individuals currently fighting denied claims. It's especially valuable for people shopping for new policies or dealing with frustrating claim denials who need actionable strategies to level the playing field against powerful insurance corporations.

Delay, Deny, Defend is worth reading for its eye-opening revelations about systematic insurance industry practices, though some readers find the ending anticlimactic regarding concrete solutions. The book excels at exposing how insurers prioritize profits over policyholders through documented case studies and detailed analysis of legal tactics. While Feinman provides consumer guidance and policy recommendations, readers seeking immediate actionable fixes may feel the "What You Can Do About It" subtitle over-promises. The book's 2024 resurgence as a bestseller demonstrates its continued cultural relevance.

The "delay, deny, defend" strategy represents a three-pronged approach insurance companies use to avoid paying legitimate claims and maximize profits. Delay involves deliberately slowing claim payments through excessive documentation requests, transferring claims between adjusters, and using complex language. Deny means refusing to negotiate fairly and selectively interpreting policy language to reject valid claims. Defend involves aggressively fighting claimants in court with extensive legal resources, making it financially exhausting for policyholders to pursue rightful claims.

Insurance companies delay claim payments through systematic stonewalling tactics designed to frustrate policyholders into accepting less or abandoning claims. These tactics include requiring excessive documentation, transferring claims between multiple adjusters, failing to return phone calls promptly, and communicating in complex technical language. The delay serves two financial purposes: earning investment income on retained funds and creating financial pressure that forces desperate claimants to settle for below-fair-value offers. Some states like California have implemented strict time limits to counter these practices.

Claimant sorting is a McKinsey-recommended strategy where insurance companies categorize policyholders based on their predicted willingness to fight for fair settlements. Those expected to accept quick settlements receive immediate below-fair-value offers, while those predicted to resist face systematic delays and denials. This segmentation allows insurers to maximize profits by identifying vulnerable claimants facing mounting medical bills, repair costs, or lost wages who lack financial and emotional resources to sustain prolonged disputes. The strategy deliberately exploits power imbalances between corporations and individual policyholders.

Jay M. Feinman proposes three key reforms to address systemic insurance industry abuses and restore balance between insurers and policyholders. While specific details of these reforms focus on strengthening regulatory oversight, improving transparency in claims handling, and enhancing enforcement mechanisms against unfair practices, Feinman emphasizes the need for meaningful accountability that holds large insurers legally responsible for prioritizing profitability over their foundational purpose of providing protection. The reforms aim to restore the social contract built on mutual trust and good faith between insurers and policyholders.

Delay, Deny, Defend became a bestseller in December 2024 after the shooting death of UnitedHealthcare CEO Brian Thompson, when words "delay," "deny," and "depose" were found etched on bullet casings at the crime scene. The connection to Feinman's book sparked widespread public interest, propelling it to second place on Amazon's nonfiction bestseller list and selling out copies. The killing became a symbol of widespread anger toward America's health insurance industry, with the book's critique resonating with public frustration over claim denials and systemic inequality in healthcare.

Delay, Deny, Defend examines inner workings and practices of major insurers including State Farm and Allstate, using documented legal cases to illustrate impact on consumers. The book cites specific case law such as Hensley v. Shelter Mutual Insurance to demonstrate how insurers use computer algorithms and legal maneuvers to manage claims unfavorably. Feinman presents dozens of stories from victims who were unfairly denied payment, showing how these practices create economic instability for individuals and families denied expected financial relief. These real-world examples span homeowners, auto, and life insurance sectors beyond health coverage.

The primary criticism of Delay, Deny, Defend centers on its anticlimactic ending and limited actionable solutions despite the subtitle promising "What You Can Do About It". Readers acknowledge Feinman accomplishes his goal of exposing insurance injustice with comprehensive documentation, but some feel the book doesn't provide sufficient practical guidance for consumers fighting denied claims. The book excels as an exposé of systemic problems but may disappoint those seeking immediate remedies or step-by-step strategies to challenge powerful insurance corporations. Despite this limitation, the book effectively sheds spotlight on widespread industry abuses.

Delay, Deny, Defend emphasizes understanding the business-like nature of insurance relationships rather than viewing insurers as trusted protectors. Feinman provides recommendations for evaluating and comparing insurers before purchasing policies, recognizing that price shouldn't be the only consideration. When filing claims, consumers should document everything meticulously, understand policy language thoroughly, and be prepared to advocate persistently for fair treatment. The book stresses that policyholders must recognize the power imbalance and information asymmetry they face against large corporations with extensive legal and financial resources.