Hurricane Michael policyholders who are battling their insurance companies have a somewhat surprising ally in former Speaker of the Florida House Allan Bense who was quoted in a Miami Herald article, Insurance Companies ‘Terribly Unhelpful’ With Hurricane Recovery, Former Lawmaker Says.… Continue Reading
This Friday, October 11 at 12:30 p.m. EST, Holly Soffer, who is the general counsel of the American Association of Public Insurance Adjusters (AAPIA), and I will co-host a free live webinar on the subject of coverage gaps and what can be done to stop this problem. Rutgers insurance law professor Jay Feinman, author of, … Continue Reading
Insurance is an important product. It is hard for all insurers to get clams handling right after a major disaster and claims accuracy is much less certain. That is what is taught and that is a fact. I could explain that problem and give a pass to the insurance industry and even try to help … Continue Reading
Reporter Jennie McKeon wrote an article (‘Blue Tarps’ Doc Shows The Aftermath of Hurricane Michael) about two filmmakers, Carrie Hunter and Austin Hermann, who recently released a significant documentary about Florida’s Panhandle following Hurricane Michael. I was struck by one quote from Carrie Hunter: Literally every person we talked to said they felt forgotten . … Continue Reading
Florida’s Insurance commissioner made the news a little over a week ago when his testimony, which you can watch above, indicated some bewilderment about why so many claims are still open a year after Hurricane Michael struck Florida’s Panhandle. Over 18,000 claims are reported as open.… Continue Reading
In an historic win for American consumers and workers, on September 20, 2019, the U. S. House of Representatives passed H.R. 1423, the Forced Arbitration Injustice Repeal or FAIR Act,1 by a vote of 225 to 186. This groundbreaking bill could be the beginning of the demise of the remedy-stripping, rights-stomping, forced arbitration clauses in … Continue Reading
It has been two years since Hurricane Maria struck and caused catastrophic damage in Puerto Rico. Since then, many policyholders have been struggling to get the reasonable payment owed under their policy to make repairs, but the number of policyholders with unsettled property claims is still very high.… Continue Reading
In California, the moment an insured obtains a repair estimate that exceeds the insurer’s estimate, the insurer must either pay the difference or adjust its original estimate. This rule is set forth in the Fair Claims Settlement Practices Act, 10 Cal. Code Regs. § 2695.9(d). Generally, whenever anyone makes an insurance claim, the insurance company … Continue Reading
Holly Soffer is General Counsel to the American Association of Public Insurance Adjusters (AAPIA). Strangely enough, we met and started a dialogue about Insurance Coverage Gaps at a half-day leadership conference hosted by the National Association of Public Insurance Adjusters (NAPIA).… Continue Reading
Public adjuster Guy Cohen and I discussed various issues of property insurance and adjustment at a recent lunch. He raised a very serious topic of coverage gaps being created in the small print of property insurance policies which Florida insurance regulators are allowing to be sold. He thinks that these coverage gaps are the most … Continue Reading
A newspaper article, 10 months After Hurricane Michael, Florida Still Doesn’t Know Why So Many Insurance Claims are Open,1 noted the slow-moving Hurricane Michael insurance claims. The title is telling because it indicates Florida insurance officials do not know why the delays are happening.… Continue Reading
California’s Senate Bill 2401 is making its way through the legislature and will hopefully bring some important changes to the way insurance companies train their out of state adjusters who handle California based policyholder’s claims. The bill, also known as the Insurance Adjuster Act of 2019, was created by Senator Bill Dodd to eliminate confusion … Continue Reading
Every state has laws that prohibit unfair, discriminatory, or deceptive insurance practices. These regulations are normally encompassed as statutes or regulations enacted to protect insurance consumers. Pennsylvania has a statute enacted called the “Unfair Insurance Practices Act,”1 This law gives the consumer the right to file complaints against their insurance company to be investigated by … Continue Reading
Insurance companies are supposed to have insurance adjusters that are empathetic, professional and ethical when dealing with policyholders and claimants. The first chapter in the insurance treatise, Claims Handling Principles and Practices, has multiple lessons about these obligations. Claims adjusters should not make policyholders scream out of frustration about the service you receive.… Continue Reading
North Carolina was battered by Hurricane Florence last year and reports show very concerning issues of claims handling and low claim payments after the storm. Perhaps Hurricane Michael losses pulled adjusters out of North Carolina and for some insureds caused additional delays to their claims. North Carolina does have an option where you can advise … Continue Reading
Maine policyholders at loggerheads with their delaying, denying and recalcitrant insurers may seek help in the claims process by filing a complaint with the Maine Bureau of Insurance.… Continue Reading
New Mexico, the Land of Enchantment and home of the world’s largest international hot air balloon festival, is the fifth largest state and has the lowest water to land ratio of all the states. It also experiences an average of seven to ten tornados a year. Most cause little property damage because they occur over … Continue Reading
The California Fair Claims Settlement Practices Act outlines specific insurer conduct prohibited and considered unfair to insureds. Identifying prohibited insurer conduct and effectively communicating to a carrier it committed prohibited acts will lead to better claim results.… Continue Reading
When Alaskans are mistreated by their insurance companies, they can turn to the state government for help. Alaska’s Department of Commerce, Community, and Economic Development’s Division of Insurance has the authority to accept and investigate complaints by consumers.… Continue Reading
Since the New York Department of Insurance was abolished in October 2011, the New York State Department of Financial Services has supervised and regulated all insurance companies that do business in New York. The Department of Financial Services attempts to ensure fair and equitable dealings between insurers, agents, and policyholders regarding all insurance transactions. The … Continue Reading
Rhode Island policyholders at loggerheads with their delaying, denying and recalcitrant insurers may seek help in the claims process by filing a complaint with the Rhode Island Insurance Division.… Continue Reading
When Oreganians are mistreated by their insurance companies, they can turn to the state government for help. Oregon’s Division of Financial Regulation has the authority to accept and investigate complaints by consumers.… Continue Reading
Maryland suffers from a wide breadth of property damage claims. Most notably, floods, fires, and storm surges. Maryland residents should always be mindful of their property insurance policy and the coverage it affords and the potential perils that are excluded. If you believe you have suffered a covered loss that your insurance company is denying, … Continue Reading
The California Fair Claims Settlement Practices Act imposes multiple deadlines to respond and report to insureds during a claim adjustment. Knowing and understanding an insurer’s reporting duties and deadlines can speed up the adjustment and payment of a claim. Although a failure to meet a deadline by a day or two may not, in and … Continue Reading
