Archives: Nationwide

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Nationwide Insurance Adjuster Mistakes Flowers for Pot—Nationwide Insurance Policyholders Wrongfully Arrested

Nationwide Insurance Company claims managers may need to add botany and common-sense training to their claims education program. A Nationwide claims specialist sent photos of hibiscus plants to police indicating that Nationwide policyholders with a fallen tree loss were growing marijuana. The Nationwide policyholders look straight out of central casting as the “perfect aging couple” … Continue Reading

Nationwide’s “Brand New Belongings”- Cool Commercial, But What Does It Cover?

Like me, you’ve probably seen Nationwide Insurance’s widely aired commercial touting their service, "Brand New Belongings." The eye-catching ads feature a sleek Cat-Women-like heroine coming to the rescue in every homeowner’s worst nightmare situations, stealthily following behind home-invading thieves to replace the items they steal, or swinging into a fire-damaged apartment to switch out smoke-damaged … Continue Reading

“Credibility Determinations, The Weighing Of The Evidence, And The Drawing Of Legitimate Inferences From The Facts Are Jury Functions, Not Those Of A Judge…On A Motion For Summary Judgment”

This is a quote from a recent trial court order in a New York state case where Nationwide asked the judge to decide in its favor without submitting the case to the jury. Congregation Chesed L’Avraham d/b/a V’Kollel Ohel Moshe Society v. Nationwide Mutual Insurance Co., No. 19954/09 (N.Y.S. Sup.Ct. Kings County 2011). Since the … Continue Reading

Happy New Year!!

Insurance advertisements have never been more entertaining. While perusing the net for information regarding Safeco and Liberty Mutual, I came across a number of insurance company television advertisements. We often use ad firms to find and pull the ads of some of our opponent insurers. It can be done cheaply through YouTube.… Continue Reading

Can Policyholders Really Have Peace of Mind When Their Insurers Write So Many Exclusions into an All-Risk Insurance Policy? A Case Note Study

The following coverage case note summarizes a decision rendered last week in Florida. Even for a practitioner constantly involved with insurance coverage disputes, it is hard to follow the entire logic of the Court’s reasoning. I doubt those outside the law will find the decision very helpful, unless they want to become brained tired and … Continue Reading

Nationwide Continues its Removal From Florida Property Insurance Marketplace

The exodus of the larger national multiline carriers along coastal areas continues. Nationwide has reportedly filed a plan to non-renew 60,000 property insurance policies in Florida starting next July. Unlike State Farm, however, Nationwide Insurance Company has made arrangements with Tower Hill Insurance Group out of Gainesville, Florida, to accept all 60,000 policies.… Continue Reading

Nationwide Insurance Commercial Customers Should Check Their Policies for Dependent Property Lost Income Coverage

Some insurance policies have small print that can provide significant business income benefits under "dependent properties" that usually go unnoticed following a widespread catastrophe. I would encourage Nationwide and Nationwide agents to write, advertise and call their Hurricane Ike and other commercial policyholder customers about these valuable benefits because it is obvious to me that … Continue Reading

Is Property Insurance Propaganda and its Impact on Public Policy Similar to What the Health Insurance Industry Does?

I was thinking about the question of property insurance trade associations and lobbying while reading today’s St. Petersburg Times article, At what Cost Care? The article was a question and answer discussion with Wendell Potter, who was a public relations executive for two major health insurers. Potter has given an inside view into the political and … Continue Reading

Slabbed Keeps Pounding on Policy Coverage Problems and the Litigation Discovery Policy in Southern Mississippi

Coastal Mississippi policyholders are well served by the daily and in depth reporting by Slabbed. Writing daily for this blog is time consuming; posting two to five in-depth discussions each day must border on a full time job. Lately, Slabbed’s posts have highlighted two important issues regarding insurance coverage and insurance coverage litigation in Mississippi. One, … Continue Reading

The Dirty Secret of Exclusions Some Major Insurance Companies Like State Farm, Allstate, Nationwide and even USAA, Do Not Want You to Think About

Why are major insurance companies selling insurance with "feel good" messages rather than explaining how many different types of accidents and catastrophes they will not cover? If they were honest, wouldn’t they explain to customers what is not covered before the purchase? Sandy Burnette wrote a comment to "Is the State Farm Policy Really Worth Anything?" As … Continue Reading

Sinkhole Coverage and Losses are Extraordinarily Complex

A former insurance defense attorney called me yesterday, asking if I would represent him and his wife in their sinkhole insurance dispute. While he oversaw many sinkhole matters from the insurance company’s position, I guess he knows that a lawyer who represents himself has a fool for a client. His call to me is part … Continue Reading

State Farm’s, Allstate’s and Nationwide’s Concerted Agenda To Stop Competition And Insure Profits

Free enterprise is great until your competitors beat you. Dominant competitors may find it advantageous to combine interests to prevent new players from entering markets, destroying profit margins, and taking market share. It is amazing that there has not been more investigation and calls for transparency into the major personal lines insurance companies’ discussions and … Continue Reading

State Farm’s Power Play And Propaganda Ploy

State Farm is hard to figure out. They say one thing and often do another. When you finally get to the decision makers, there is usually some logic to why they do things despite disagreement from consumers or regulators. State Farm’s announcement that it was leaving the Florida property market really has me wondering–"what’s up?" From … Continue Reading

Large Insurers Continue To Withdraw From The Risk Business

Best is reporting that State Farm continues to retreat from the insurance business in Mississippi.  The headline suggests that State Farm merely canceled policies, but the article reveals that State Farm canceled 900 policies, and changed the terms of 5,000 more customers by refusing to insure for wind peril. As I have explained, our largest … Continue Reading

New Insurance Companies Founded in Florida

 Capitalism and economic venture are alive and well in the Florida insurance market.  The Florida Underwriter reported this month that over 1.7 million policies have been written by new insurance companies since the 2004 hurricane season.  As Allstate, State Farm and Nationwide retreat from the Florida property insurance market, these new insurance companies are accepting … Continue Reading

Federal Property Insurance

The article in today’s Tampa Tribune regarding a Federal Wind Insurance debate comes as no surprise.  Amazing how big Insurance is adopting Enterprise Risk Theory to further its interest.  Since large corporations in the insurance field are not so much interested in how they make money, just that they make as much as safely possible, … Continue Reading

The $500 Billion Hurricane

Is the Insurance Industry Trying to Justify Increases in Rates or Simply Justifying Leaving the Risk Business Along Coastal areas?  These questions came to my mind after reading an article in the February 2008 edition of Natural Hazards Review.  The article, Normalized Hurricane Damage in the United States: 1900-2005 , claims that by 2020 a $500 billion … Continue Reading

Insurance Industry Claims And Rate Practices Come Under Public Scrutiny

 Tuesday was a rather interesting day.  Our firm helped win a $4.6 million dollar judgment for a panhandle Condominium Association last year. Citizens Property Insurance Corporation did not pay, as usual, but appealed.  I argued the case [Citizens Property Ins. Corp. vs. East Pass Towers II Condominium, No. 1D07-2727 (Fla. Dist. Ct. App. oral argument … Continue Reading

Changing The Focus

 A year ago the news from Mississippi largely concerned insurance claims practices, trials, and significant settlements. Except for the recent article of our firm’s settlement of twenty two cases against State Farm, the media focus has been on alleged corruption of some policyholder attorneys, especially Dickie Scruggs. Insurance industry leaders must be smiling because this … Continue Reading

Fifth Circuit Got it WRONG!!

In their rationale for upholding Judge Senter’s verdict, the 5th Circuit provides a less than stellar (okay really absurd) example of non-coverage that virtually all insurance companies issuing an all-risk policy would heretofore pay. After finding that the anti-concurrent causation language was not ambiguous, Judge Edith Jones went too far and provided the following:… Continue Reading

Credit scores in underwriting: The redlining of the new millenia?

Throughout U.S. history insurers have routinely discriminated against minorities. Discriminatory treatment included such practices as charging minorities higher rates, offering minorities policies with inferior coverage, not returning calls for information from minority applicants or denying minorities coverage altogether. Homeowners insurance redlining is a form of this discrimination where an insurance agency or agent treats homeowners … Continue Reading