Hurricane Models Not Performing

Karen Clark and Company has recently published findings indicating that the insurance industry's revised hurricane damage models have not performed well over the past three years. Their conclusion is:

"Three years into the application of near term hurricane models, the model predictions have not performed well. While all three major catastrophe modeling companies predicted significantly elevated hurricane activity and losses for the period 2006 through 2010, two of the past three years have been below average. Catastrophe models are designed to simulate thousands of potential scenarios of what could happen to an insurance company – not what will happen in any given year or short time period. While catastrophe models, used appropriately, can provide credible estimates of a company’s potential loss experience, the models are not able to predict where, when or how big actual events will be. While a definitive conclusion on the near term hurricane models cannot yet be made, early indications are that a five year period is too short for hurricane loss estimation." 

Insurance companies used these models to justify the requests for outrageous rate increases in the Gulf Coast states. Most consumer advocates claimed that the insurance modeling companies used a short five year modeling forcast to placate insurer interests by recovering losses from the 2004 and 2005 storm seasons. The Florida Commission on Hurricane Loss Projection Methodology rejected some of these models. It is anybody's guess about how these incorrect models lead many insurers to leave the Gulf Coast Region or write less business in the coastal insurance markets. 

I came across the Karen Clark report while studying information for the Citizens Property Insurance Corporation Mission Review Task Force. Our next meeting is on January 6 in Tampa, and we will vote on recommendations to the Florida Legislature. One of the recurrent topics of interest to everybody should be the insurability themes found in these reports and discussed in Task Force meetings. Insurers prefer to insure newer structures. My impression is that older homes have more losses and more severe losses for a number of reasons. Two significant reasons are worn out roofs and failing plumbing. Old roofs have a tendency to leak or allow water intrusion during a rain or windstorm. Old plumbing breakage causes non-catastrophic, but significant, water damage. The lesson for property owners of older structures wanting to lower rates and have more insurers competing for your business is to repair, maintain, or replace old roof and plumbing systems. Potential purchasers and sellers of real estate must consider these two areas of domestic infrastructure as much as the value of the aesthetics of newly remodeled kitchen and bath areas. In many cases, the deductible would exceed the cost of improvements to the roof and plumbing systems of most structures.
 

The 2009 Windstorm Insurance Conference

If you are involved in hurricane claims in any manner, you need to register and go to the Windstorm Insurance Conference. It will be held from January 25 through 28 in Orlando, Florida.

The Windstorm Insurance Conference was founded nearly a decade ago by insurance defense attorney, Janet Brown. Her law firm biography does not do her justice. She has been nationally recognized as one of the top insurance company litigators for some time. Janet and I have battled in Court over just about everything. She is competent, creative, professional, and a person who quietly knows the weak points of any argument.

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Chubb Calls Competitors Cheap And Unfair

We rarely find ourselves going after Chubb for underpaid policyholder claims because they sell a great insurance product and usually pay claims. If all insurance companies sold a product that was drafted with full replacement coverage and fewer exclusions and trained their claims adjusters to look for ways to pay claims, our law firm would be broke.

Chubb ran an advertisement acknowledging that its competitors sell an inferior product. The ad indicated that policyholders should not expect to be "treated fairly and paid quickly" unless they insure with Chubb. What an indictment by an insurance industry leader. This is not Chip Merlin calling the insurance adjustment business a den of thieves. Chubb, which has been in the insurance business for more than 125 years, is apparently upset with cheap competitors stealing business and is advertising a warning to all---insure with us or you will get unfair treatment and slowly adjusted claims.

Good for Chubb. It is about time that honest insurers advertise why other less honest insurers offer lower premium rates; less forthright insurers sell a product worded, in the event of a claim or litigation, in the insurer's favor and train adjusters to be most concerned about paying as little as possible.

If silence speaks a thousand words, it is quite significant that none of the other insurers made a peep about the allegations Chubb made about them.

FTC Investigates Homeowner Insurers For Possible Discrimination

On December 23, The Federal Trade Commission issued Orders to nine homeowner carriers regarding their use of credit scores. The Order applies to the latest nine Homeowner insurance companies, which comprise over 60% of the homeowner insurance market share.

This investigation is important in the homeowner arena because of “redlining” laws that prohibit insurance companies from discriminating against potential policyholders based on race or ethnicity.

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Influence And Persuasion, Part 2

As indicated in my previous blog, everybody can benefit from understanding some basics of intellectual influence. While my speech was given to trial attorneys who typically represent people against insurance companies, anybody can use them, and should, if they want better results with dealing with people who have different views. Some may question why I would publish the "secret" to getting great resolutions from insurance companies. Frankly, if everybody practiced these principles, the world would be a lot more progressive.

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Moving From Insurance Regulator Of State Farm To State Farm's Counsel

I met Ralph Nader in San Diego about a decade ago. He remarked that a major problem with Departments of Insurance is that most have a revolving door to and from the insurance companies they supposedly regulate. Nader implied that unless laws prevent insurance companies, their vendors and law firms from hiring those who supposedly regulate their activities, actual regulation that supports consumers will not exist. The practice of insurers hiring former employees of Departments of Insurance must stop in order to accomplish honest regulation without an appearance of a conflict of interest.

The revolving door is working for at least one employee of the Department of Insurance in Mississippi. Anita Lee, of the Sun Herald, recently reported that the deputy insurance commissioner who "oversaw" the Mississippi Insurance Department's Market Conduct Study of State Farm following Hurricane Katrina has left the Mississippi Department of Insurance. Guess who hired him? The lawyers who represent State Farm in Hurricane Katrina matters.

Given this, you do not need to be a psychic to guess how well State Farm did in the Study. I noted the serious problems with the Mississippi Insurance Department study in a previous blog. In an article published in the Sun Herald, a noted consumer advocate wrote that State Farm could have written the report itself. Only legislation which prevents those regulated from hiring, directly or indirectly, those who recently regulated them can prevent this kind of conflict of interest.
 

Effective Endgame Communications

Most cases resolve before a trial. While thorough preparation for trial is paramount, most of our policyholder clients want a resolution as quickly as possible and for a much as possible. Settling a case for less than its value is an easy way to get a quick resolution. Settling a case for more than its value in a short period of time is a lot more difficult, and, that is what some of our clients expect us to magically accomplish.

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A Warning Regarding Federal Flood Proofs Of Loss

(IMPORTANT UPDATE TO THIS POST:  On February 20, 2009, the NFIP Administrator issued an additional 90-day extension to file proofs of loss for Hurricane Ike and Gustav.)

We are still receiving questions regarding Federal Flood Proofs of Loss. The Proofs of Loss have to be filled out correctly and received by certain dates, which have been extended regarding Hurricane Gustav and Hurricane Ike claims.

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Time To Put The Saffir-Simpson Hurricane Scale To Rest

A recent article in the Houston Chronicle noted support by some scientists to replace the Saffir-Simpson Hurricane Scale with other more accurate measures of hurricane destructiveness. It is about time.

I have long questioned the accuracy of Saffir-Simpson. I have seen structures in a high wind event, such as Hurricane Charley, with little or no damage. I have also represented a large multi-story condominium in Destin that's roof was blown half-way off by Tropical Storm Dennis. The scale was not close to destruction prediction in either case.

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The Ongoing Work Of The Citizens Task Force

The Governor, Charlie Crist, who appointed me to the Citizens Mission Review Task Force has gotten married to a beautiful woman. While I am certain he was planning their honeymoon this past week, I was pouring over insurance rate data, market share analysis, and a reinsurance presentation regarding Citizens Property Insurance Corporation. I bet his work was a whole lot more fun.

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Taking Advantage Of The Vulnerable

Last weekend, our law firm hosted an information and help forum for Hispanic policyholders at a Houston mall. They came with photos, policies, letters, small dollar checks, and, most importantly, stories of their interaction with their insurers. While I am certain that our firm fails to hear when adjusters properly adjust claims -- people most often come to us with distressful situations looking for help, there are major adjustment problems in Houston.

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Insuring Valuables And Collectibles

December and January are perfect months to review personal insurance. My wife and I just went through such an analysis with our life and disability insurance agent. The rule of thumb is that if you want to live a long life, buy a lot of life insurance.

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Scooped By Slabbed

Javier Delgado and I were quoted in a story that ran last week in the Houston Chronicle. The reporter, Purva Patel, noted numerous stories of people having a very difficult time getting paid for Hurricane Ike damage claims. I was going to remark on the numerous Internet comments posted from readers in Houston to the article, however, Slabbed beat me to it and said all I would anyway. So, go to Slabbed and get the scoop.

A Response To The Executive Director Of The Coalition Against Insurance Fraud

Jay,

Maybe yours  and Barry Zalma's comments regarding the amount of fraud are correct. However, you provide no objective and reliable data to support your comments. Without that information, your unsupported statistics are little more than fear and suspicion-mongering, which governments and corporations use all the time to influence their citizens and customers. For example, in  the 1940's and 1950's our government leaders used crazy and unsubstantiated statistics regarding the number of communists amongst our friends and families to justify harassment and censorship. More recently, our governmental leaders used unsubstantiated information regarding weapons of mass destruction to start a war.

My bottom line suggestion: Prove your statistics. Prove what you say. If it is not possible to prove the entire amount of fraud, be as accurate as you can, and don't inflate statistics to vilify your customers.

I am simply asking that members of the insurance fraud industry, like you, prove these allegations and make the proof transparent, or apologize to your fellow citizens and neighbors. You have called a substantial number of them crooks.

Have any leaders in the insurance fraud industry considered that by implying that a "substantial minority" of your family members and neighbors are crooks, you are "fear mongerring" or being used as propagandists for the insurance industry?

On Thursday, in an open courtroom in Columbus, Indiana, I read an Allstate publication that states Allstate employees have an obligation to the "insuring public" to be honest, and to conduct "all their dealings with the highest degree of integrity." Can you imagine how an Allstate advertisement would appear on television if it honestly claimed, as it is required to do, and based the ad upon statistics you suggest? The narrative would have to go like this:

"We know that a substantial minority of you tolerate and participate in insurance fraud. When you have a claim, we are going to have trained fraud adjusters look at your claim. That is Allstate's stand."

The accuracy of the data you cite is important because it makes a huge difference if 3% versus 30% of your friends and neighbors are engaged in insurance fraud. I agree that wrong is wrong, no matter how slight. So even if there is a 3% loss to the insurance industry as a result of fraud, that is a serious problem. Still, citing figures that are not accurate for whatever reason is wrong because it is not honest. We need trained people to help prevent insurance companies from getting ripped off by fraudulent policyholders. It is important that there is an awareness of the penalties. We need the public to support police and criminal justice efforts to investigate and prosecute insurance fraud. Many of your efforts, and those of individuals like Barry Zalma, should be applauded.

What we do not need is organizations, like the Insurance Information Institute acting on behalf of the insurance industry, starting a massive war on insurance fraud against all the customers of its clients, unless a massive war is needed. Insurance propaganda organizations, insurance fraud leaders, and those who make  a living in the insurance fraud industry should stop publicly "guessing" at statistics.

Advocating a witch hunt against policyholders during a claim is very profitable for insurance companies and those who make money with fraud investigation. Implications and unsupported innuendo that a significant number of policyholders are crooks should simply stop. These customers of the insurance product have made insurance companies significant profits and into some of the largest financial institutions in America. Policyholders with losses and claims do not deserve general slander of reputation and an atmosphere of suspicion.

 

Key West And Galveston

I spent the Thanksgiving Holiday in Key West. For those that have never been there, it is a unique part of Florida. You will not find prettier water anywhere in the United States, and the sunrises and sunsets are spectacular. Key West is the Southern most point of the United States and only 90 miles from Cuba. Everybody should visit Key West for a long weekend. Like Hawaii, many never go back to the mainland.

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Insurance Fraud Expert Admits Insurance Industry Makes Up Statistics

I received a comment to a recent blog regarding a perception among many of my colleagues that insurance companies are fabricating the amount of insurance fraud that goes on in the United States. I think the comment is important to highlight because it is an admission that the insurance industry fabricated those statistics. Barry Zalma wrote in part:

Although insurance fraud exists and is recognized by insurers and police agencies, no one really knows how extensive it is because most frauds succeed and are never recognized; others are recognized and paid by the insurer who is unwilling to get into a long and drawn out fight with the fraud perpetrator; and a very few are caught and prosecuted.
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The Port of New Orleans Employees

Life's lessons can be very beneficial if you actually remember them and change your behavior according to what you have learned. I was lucky to watch my father as he lead various tours of duty in the Coast Guard. Both the ordinary seaman and the Chiefs that ran the ships seemed to respect him. He always treated everybody as important because they were. He always thanked them, and then showed his appreciation.

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