CALIFORNIA ELECTIONS INSURANCE COMMISSIONER : Collis Attacks Garamendi Voting Record

Opening what is expected to be a sustained attack by several candidates against Democratic state Sen. John Garamendi’s bid for state insurance commissioner, one of Garamendi’s rivals accused him Thursday of voting with insurers instead of consumers on 10 different legislative bills over a 12-year period.

However, Democrat Conway Collis, chairman of the State Board of Equalization, selected as several of his examples bills upon which groups representing consumers have been split, with some groups supporting the positions taken by Garamendi and others opposing them.

On proposals backed by Garamendi for no-fault insurance and for restrictions on certain kinds of lawsuits, together making up four of Collis’ examples of allegedly anti-consumer votes by Garamendi, a number of consumer groups representing minority and low-income groups have supported the senator’s positions.

Other consumer groups, such as Voter Revolt and the Insurance Consumer Action Network, are aligned with the position of the California Trial Lawyers Assn. against no-fault and against restrictions on lawsuits. Democratic candidates Collis, Bill Press and Ray Bourhis generally join in this opposition.

However, other examples of Garamendi votes cited by Collis, such as on neighborhood-based pricing and anti-rebate bills, involve votes in which Garamendi’s position, as described by Collis, was definitely opposed by almost all consumer groups.

On Thursday, Collis broadly asserted that Garamendi’s voting record shows that while he “has had ample opportunity to do something to protect consumers from excessive rates and other unfair practices by insurance companies . . . (he) has instead used his position to help insurance companies and agents.”

Garamendi, however, said he has always fought for consumer interests, and he declared:

“I should thank Conway Collis for endorsing my record. After months of painstaking analysis, he has found fault with only 10 votes out of literally thousands I have cast during my 16 years in the state Legislature.”

Ascribing Collis’ analysis to his “desperate need for publicity,” Garamendi added that he would be glad “to match my record against Conway Collis’ any day.”

Collis cited these Garamendi votes as evidence of what he called a pro-insurer bias:

* For no-fault auto insurance bills Garamendi sponsored from 1977 to 1980.

* In support of laws prohibiting insurance agents from offering rebates of their commissions to customers.

* Against allowing auto assigned-risk policyholders to pay in nine installments a year instead of five.

* Against moves to assign “red-lined” drivers unable to obtain insurance to companies in proportion to their failure to sell in minority and low-income areas.

* Against a study of replacing ZIP code pricing of insurance by rates based on drivers records no matter where they live.

* For giving judges, rather that juries, the right to fix the amount of punitive damages.

* For setting limits on time periods that liability suits could be brought.

* For limiting liability of corporate employers for punitive damages.

* For prohibiting lawsuits to recover full pain and suffering damages against a wrongdoer responsible for no more than 40% of the injury.

* For granting psychotherapists immunity from liability for failing to warn of a patient’s threatened violent behavior.