Property Insurance Coverage Law Blog : Florida Insurance Lawyer & Attorney : Merlin Law Group Law Firm : Tampa, Houston, Coral Gables, Gulfport

There is no place for fraud by a policyholder or public insurance adjuster when reporting a loss to an insurance company. At this week's Florida Association of Public Insurance Adjusters (FAPIA) summer conference, our law firm emphasized this message. Like insurance company and independent adjusters, public adjusters are bound by ethical standards. I was happy to see that the FAPIA leadership made ethical and professional behavior a prominent theme of discussion at the conference. Both policyholders and the insurance industry can benefit greatly from increased emphasis and enforcement of public adjuster professional and ethical standards.

• Email This
• Print
• Comments (5)
• Trackbacks

Don't you think Madoff would agree that society should throw a financial swindler in jail? I imagine most insurance executives think there should be consequences if they do the same thing. Shouldn't they agree that claims management practices which intentionally underpay must be punished by law as a matter of public policy? Who would not agree--unless you were part of a system that wanted cheating of policyholders to be "business as usual?"

• Email This
• Print
• Comments (2)
• Trackbacks

Some Mondays are more interesting than others. When I go to conferences with adjusters, I make a point to ask about "in the street" information on insurers I am litigating against. The information and leads to witnesses or evidence are often extremely valuable to my clients. Adjusters know when the orders from claims management are wrong and aimed at paying less than what is fairly owed. Most want to disclose facts about insurers that wrongly demand underpayment.

• Email This
• Print
• Comments (1)
• Trackbacks

Alex Sink, Florida's CFO and candidate for Governor in 2010, was the keynote speaker at the 2009 Summer Conference of the Florida Association of Public Insurance Adjusters (FAPIA) yesterday.

Sink has not failed in her job as CFO and has an excellent chance to become Florida's next governor. Her opponent in the race, Bill McCollum, seems to be the darling of the insurance industry. Sink, on the other hand, is setting out a course as a champion for consumers.

• Email This
• Print
• Comments
• Trackbacks

The insurance industry is probably calling and writing the editors of the FC&S Bulletin because the June 2009 edition correctly notes that Ensuing Loss Damage is covered under the ISO form policies for typical Chinese Drywall losses. I recently noted various coverage issues related to Chinese Drywall. A number of these cases are coming to our office because insurers are not affording first party coverage.

• Email This
• Print
• Comments
• Trackbacks

The Florida Association of Public Insurance Adjusters Annual Convention starts today. I have been asked to speak to their Board of Directors this afternoon regarding their concerns about restoration companies and repair contractors acting as policyholder representatives in the negotiation and settlement of insurance claims. It is a growing trend and one which generally is not good for the insurance companies or the policyholders because of inherent conflicts of interest.

• Email This
• Print
• Comments (2)
• Trackbacks

Isidore’s home in Slidell, Louisiana was damaged in Hurricane Katrina. Isidore was originally included as one of several hundred improperly joined plaintiffs consolidated in the Federal District case, In re: Katrina Canal Breaches Litigation. When that case was administratively closed, all plaintiffs were ordered by the court to file separate amended complaints. After settlement negotiations with USAA, Isidore’s insurer, failed, Isidore refiled suit in the United States District Court for the Eastern District of Louisiana. USAA moved to dismiss for lack of subject matter jurisdiction. 

• Email This
• Print
• Comments
• Trackbacks

I received the United Policyholders newsletter today. It is full of valuable information to policyholders with a variety of different concerns. While many individuals are concerned about hurricanes, the newsletter covers a myriad of topics. For example, the current newsletter highlights issues involving wildfires.

• Email This
• Print
• Comments
• Trackbacks

Vivian Watson’s home was covered by an Allstate “Deluxe Homeowners” policy when Hurricane Katrina hit on August 29, 2005. Following Hurricane Katrina, Watson filed suit against Allstate in Federal District Court, alleging that her property suffered a total loss caused by wind, wind driven rain, flooding and waters entering New Orleans and surrounding parishes. She sought the full face value of the homeowner's policy for dwelling and other structures, personal property, and additional living expenses without deduction or offset, pursuant to Louisiana’s Valued Policy Law. Allstate filed a motion for partial summary judgment, arguing that Watson’s case should be dismissed because the damages were not caused exclusively by a covered peril (like most homeowners policies, Watson’s did not cover flood damage). 

• Email This
• Print
• Comments
• Trackbacks