NAPIA Has Many Special Members

The National Association of Public Insurance Adjusters (NAPIA) has some of the finest minds in the world regarding claims adjustment under property insurance policies.  Our law firm had the opportunity to lead a day long insurance seminar for the Massachusetts Association of Public Insurance Adjusters and NAPIA members last Friday in Boston.  The level of discussion and debate over cutting edge claims handling issues made it one of the finest property insurance seminars I have ever attended. 


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An Editorial Opinion Calls For Reform

Every now and then, somebody writes something in a prominent newspaper that sounds an awful lot like my rhetoric.  The Houston Chronicle recently published such a piece calling for major federal legislative insurance reform.  Kia Franklin wrote the editorial.  I know little of her, but her opinion sounds very similar to calls for reform made by consumer advocates in Florida following the 2004 hurricanes and from Congressman Gene Taylor of Mississippi following Katrina. She notes the claims frustratration of many in Texas following Dolly, Gustav, and Ike:

"As Hurricane Ike survivors rebuild their homes and their lives, their harrowing stories may soon become all-too-similar to those of Hurricane Katrina and Hurricane Rita survivors: people wrongfully denied insurance claims, or offered inadequate payments, for damages they were told their insurance policies would cover." 
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What Insurers Do Not Want Advertised

The insurance industry does not want stories that portray it as uncaring, slow, and denying claims.  Publicists, media consultants, marketing experts, and even advertising gurus with anthropology degrees use the industry's massive money to re-write history, provide statistics and whatever that can be used to portray insurers as truly caring about their customers. 

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Florida Cat Fund Credit Rating Drops

I recently wrote about the Florida Catastrophe Fund, and stories concerning its probable inability to pay claims if a major hurricane were to hit in the present credit market.   Rating agencies are catching on to the problem.  In a story buried at the bottom of the business section of the Tampa Tribune, AM Best warns that Florida's Catastrophe Fund would "run into difficulty" if a major hurricane hit.  The word "difficulty" could be "impossibility" if an Andrew-type storm struck metropolitan Dade or Tampa Bay.  The good news is that there are no threatening storms on the horizon, and we are getting later into the hurricane season so that a major storm is unlikely. Further good news is that the likelihood of a major hurricane striking those populated areas of Florida is remote.  However bad things always seem to happen at the worst time.  Thus, unless this credit crunch magically goes away, the probability of a bad storm striking the wrong place next year goes up because "stuff" happens at the wrong time.  Let's hope, for many reasons, that the credit market improves before next year's hurricane season.

Does Gender Preference Help Women Get Elected As Judges

I am writing this as I am flying home to watch my Rays play in the World Series. I wonder what it would be like if umpires were selected by popular vote.  In baseball, the umpires make the critical decisions of balls, strikes and outs. Their close calls effect the outcome of games, without question.

I wonder if we would trust a system whereby major league baseball umpires were chosen through an election system? I doubt it. Most of us would not trust other fans to make unbiased decisions and would be worried others would vote for umpires who favor their favorite team.

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Our Federal Government Gets It Wrong Again

After receiving a Bestwire News Report that indicated a Homeland Security Inspector concluded  that "Write Your Own" Insurance Companies did not overpay flood claims following Hurricane Katrina, I waded through the 48 page report to find out why the Inspector came to that conclusion. As I have said in earlier blog posts, flood adjusters paid and paid and paid some more. They gave every benefit of the doubt to policyholders. In some "slab" cases, they simply reviewed satellite photographs and then paid policy limits. They never went to the loss site.

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Peace of Mind--Does Anybody Really Have It?

I met with a new Texas client this morning and we noted the type of problems many will face in Texas.  First, a spokesperson of Texas Windstorm Insurance Association indicated in a news article that it was going to take its time, and ensure that the Texas wind pool would not pay for anything caused by storm surge.  This reminds me of State Farm's old claims culture: "we pay not a penny more nor a penny less" than what is owed.  The problem with that is delay and continuous underpayment since the culture pushed to make claims overpayment a sin through a false but good sounding motto.


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Ed Liddy

National media articles have highlighted Ed Liddy's appointment as the head of AIG during its unwinding.  His task is a large one.  A BestWeek article presents Liddy as a champion corporate strategist.  The article quoted one person as saying Liddy was extremely "ethical."  He may be, but my perception of Ed Liddy was shaped by his role in developing Core Claim Practice Redesign while at Allstate.  No customer or consumer advocate could call those claims practices as "ethical."  

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"It's a Marathon"

The Austin American-Statesmen quoted Galveston Judge Jim Yarbrough as stating that Hurricane Ike recovery efforts are going to be more of a marathon than a sprint. He is right, especially for those in areas that had a combination of storm surge and wind related damage. The Judge noted that it was going to take at least two years before a substantial recovery is made. Sadly, he is entirely accurate. 


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First Impressions From A Neophyte Government Type

I know why I do not want to be a trial judge--it is really hard to be really good.  And in government, there are also duties that may seem "easy", like becoming a member of the Citizens Mission Task Force.  Let me tell you, it is a whole lot harder to spend a Friday afternoon having a discussion with actuaries figuring out how to lower rates and give better coverage to those in the wake of a severe hurricane, then to hang out with my friends and family.  This is hard work.  I would prefer to concentrate on why insurers underpay claims rather than how that underpayment is a "problem" for insurers.  Maybe they should pay more promptly and in full?  But then, I would be out of a job. FAT CHANCE that will happen.  Still, my impression after the first meeting is that the legislature messed up in 2005 by not allowing at least a 10 percent per annum increase in premium rates for those in the high risk of loss categories.  Instead, the day of reckoning will make the increases much higher and with an added possibility of surcharges.

Citizens Task Force Materials

Florida is a supposed to be a state where government is conducted in the public domain. Even I am skeptical about that, but there exist Sunshine Laws that afford the ordinary citizen the right to inspect documents and information that government uses to conduct its affairs.  The Task Force members were provided a number of materials by Citizens a day ago.  Here they are - mrtf_101008 - for anybody that might be interested.  This blog is being posted before today's meeting. I plan to report on my impressions as soon as I am out of our first session.

Citizens Task Force Agenda

The agenda for the first Citizens Mission Review Task Force meeting this Friday is as follows:  Tampa Airport Marriott, Tampa International Airport, Tampa, FL Friday, October 10, 2008 Meeting: 10:00 am - 4:00 pm Conference Call Dial-in: 1-866-855-4989


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If The Big One Hits, Who Gets Stuck Holding The Bag?

Alex Sink may have been very wise to have paid Warren Buffet so much money for an option to have ready access to money if a major hurricane hit Florida.  (She paid Berkshire Hathaway $224 million for the option of borrowing $4 billion this hurricane season).  A recent St. Petersburg Times article highlighted the problems facing Florida should a major hurricane hit.  The bottom line is that the State could float bonds backed and paid for by every Floridian to cover the shortage of money to pay claims, but there are no of buyers to purchase them. I do not see this topic on the Agenda of the Citizens Mission Task Force for this Friday. I am certain it is a major concern for all and will come up. I am happy we are another week into October. Historically, the most severe hurricanes are over by now, as the waters start to cool and wind shear from the north becomes stronger. Let's hope a late hurricane such as Wilma or Opal does not visit us this year. I truly do not know if we can afford it.

Port of New Orleans Case Settles

The Associated Press ran a story confirming that a settlement was approved in the Port of New Orleans case last Thursday. The Associated Press correctly noted that the amount of the settlement is confidential. I am happy that the Port will be able to start on various projects. Sometimes, parties to lawsuits end as enemies. In this case, I am certain Factory Mutual is happy for the Port as well. I would not be surprised to find that Factory Mutual insures the Port again when the current policy comes up for renewal.


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AIG Financial Catastrophe Explained

I was toasting the work of our legal team following a hard fought resolution to a very complex matter last Friday evening. One of the attorneys working with me as outside co-counsel's husband worked for AIG. He briefly joined us, and I commented that I was certain his wife cursed me for all the late nights and weekends she gave as part of the effort. I asked him how the AIG bailout would effect him. He responded that he truly did not know and seemed amazed that such a strong company unravelled so quickly. He said it was very hard to believe, considering how well the property and casualty subsidiaries, such as Lexington, were doing. The Sunday New York Times ran an excellent article explaining how such a large and profitable insurer could be taken down by greed and dabbling in non-regulated finance. We need our insurers to be regulated, so our insurance is protected, now more than ever. These are tough lessons to learn all over again.

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Thank You, Governor Crist

"Charlie, I did not vote for you. I sent money to Jim Davis." That is what I told the Governor over a glass of wine last year. I have known both Jim Davis and Charlie Crist since the early 1980's. I never dreamed they would run against each other for Governor in 2006. The Florida legislature created the Citizens Property Insurance Corporation Mission Task Force last spring. Governor Crist appointed me as one of his three selections to this Committee. I am grateful to the Governor and hope that I fulfill his expectations. I will report later on everything this Task Force is supposed to do, and then what it actually does.

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