We’ve all seen it before. The insured files a claim, the insurance company sends out an adjuster to adjust the loss, the loss is more complex, or a situation arises that the adjuster cannot handle so the insurance company forwards the claim to their legal department. At that point, an attorney becomes involved and the … 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
One of the strongest worded notices to insurance companies to pay promptly and do whatever it takes to help policyholders following a disaster came from Florida Insurance Commissioner David Altmaier in a December 19, 2018 memorandum entitled Hurricane Michael Claims Response.… Continue Reading
Crawford has acknowledged that the insurance industry it serves is not living up to its good faith claims obligation in a recent publication. Here is the confession about the 2017 Hurricane season which it reported in Today’s Large & Complex Claims Landscape: Preparing for the Perfect Storm: To adequately respond to today’s evolving catastrophe landscape, … Continue Reading
Back on March 29, 2019, every attorney in the Merlin Law Group Red Bank office attended the “Protection Gap in Property Insurance” seminar that was hosted by Professor Jay M. Feinman and held at Rutgers law school. This was the first time that I had observed Mr. Feinman speak on issues pertaining to insurance and … 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
The Texas Supreme Court recently answered the question above in two cases with different results depending on what type of insurance code violations the insured is alleging. The court addressed Texas Insurance Code chapter 542 violations (often called prompt payment of claims) in Barbara Technologies Corporation v. State Farm Lloyds.1… 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
It is important for policyholders to know and understand the steps they must complete before filing a complaint when an insurance claim has been delayed, denied and bad treated by an insurance company. As mentioned in a previous post, (please see my blog on this topic published on December 5, 2018: Puerto Rico Approves Amendments … Continue Reading
By Julitza Perez and Francisco Garcia on Posted in Insurance
Hurricane season 2019 is officially underway, and so now is the time to take action and prepare before a possible hurricane threat. It’s imperative that policyholders understand the coverage and rights provided under their insurance policy. Therefore, one of the first things a policyholder should do is request a copy of their insurance policy now … Continue Reading
By Julitza Perez and Francisco Garcia on Posted in Insurance
Ha iniciado la nueva temporada de Huracanes 2019, y son muchos los preparativos que debemos llevar acabo ante la posible amenaza de un huracán. Es imperativo que los asegurados entiendan la cobertura y los derechos bajo su Póliza de Seguros. En primer lugar, cada asegurado debe solicitar una copia de su póliza de seguros y … Continue Reading
Derek Chaiken is in the Merlin Law Group Los Angeles office. He is a Los Angeles Dodger fan and a student of drone usage during the property insurance claim process. Drones are no longer science fiction, but a fairly common part of modern property insurance claims adjustment. With stronger cameras and other advanced technical measuring … 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
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
Appointed by Governor John Hickenlooper, Michael Conway serves as Colorado’s Insurance Commissioner where he is tasked with regulating and monitoring insurance companies and insurance agents in Colorado. With the mission of Consumer Protection, Michael Conway and the Colorado Division of Insurance have streamlined a simple process for insurance consumers to file complaints against insurance companies … Continue Reading
The Georgia Office of Insurance and Fire Safety Commissioner has a simple online process for filing your complaint. How the office responds to this Complaint may not be satisfying but it is important that a record is made of the insurance claims that are not properly handled.… Continue Reading
If you are a Vermont property owner, have suffered a property loss, and believe that you have been wronged by a delaying, denying and bad treating insurance company, you have the right to file a complaint with the insurance commissioner.… Continue Reading
The mission of the Connecticut Insurance Department is consumer protection. The Department carries out its mission by enforcing state insurance laws to ensure policyholders are treated fairly, by providing assistance, outreach, and education to help consumers make sound choices, and by regulating the industry in a fair and consistent manner that fosters market competition for … Continue Reading
The Arkansas state motto is “Regnat Populus” which means “The People Rule.” With the state motto in mind, Arkansas policyholders can seek assistance with their insurance claims through the Arkansas Department of Insurance at www.insurance.arkansas.gov. When a policyholder has been mistreated by having their claim delayed, denied or handled in bad faith, Arkansas provides an … Continue Reading
The Massachusetts Consumer Service Department responds to inquiries and assists consumers in resolving insurance complaints against insurers, producers and other licensees. Consumer Services also advises consumers of their options and rights under their policies, state laws and regulations. They maintain a database which has an inventory of all written complaints and inquiries received from the … Continue Reading
Bad faith cases really should be named “lack of good faith” cases because the duty is on the insurance company to act in the utmost of good faith and fair dealing with the policyholder. “Bad” has nothing to do with it. Alabama, however, carries the “bad faith” definition one step further by delineating a cause … Continue Reading
Rutgers insurance law professor Jay Feinman wrote a book, Delay Deny Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It, which exposed many insurance company unfair claims practices. In the last chapter of the book, he discussed how we can stop insurance claim wrongful delays and denials.… Continue Reading
In an important New Jersey policyholder decision, the U.S. Court of Appeals for the Third Circuit recently addressed New Jersey’s Consumer Fraud Act (CFA) and ruled the CFA applies to an insurer’s deceptive claims handling practices as well as the sale of insurance policies.1… Continue Reading
Merlin The Moose is a client favorite at the Chicago Merlin Law Group office. We won him at a charity auction last year. He also led me to some creative research uncovering a problem with market conduct studies and the transparency of property insurance claims procedures many insurers keep hidden from their customers and insurance … Continue Reading
