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Insurers Must Provide Complete Replacement Cost Estimates

The California Supreme Court issued a unanimous ruling yesterday requiring insurers to communicate “complete” replacement cost estimates to insureds.1 The ruling not only found the regulation requiring this action to be well within the Insurance commissioner’s authority, but found the basis for the regulation to be well founded. It is a wonderful victory for policyholders … Continue Reading

Insurance Bulletins Can Help Consumers Looking for Full Recovery

Rarely do insurance commissioner bulletins warn insurance companies of paying too much or that consumers are not entitled to insurance benefits. Most departments of insurance only write bulletins because insurance company adjusters pay far too less to similarly situated consumers suffering from the same loss.  Of course, insurance company lobbyists now go into overdrive to … Continue Reading

Unauthorized Practice of Public Adjusting Trends

Unauthorized Practice of Public Adjusting (UPPA) has become the predominant discussion among public adjusters at virtually every public adjuster association meeting I attend. Brian Goodman, general counsel for the National Association of Public Insurance Adjusters (NAPIA), said that UPPA is now the most important issue facing public adjusters because licensing of the profession is accepted … Continue Reading

Partial Payments of Insurance Claims and Claims Delay – A Need for Higher Interest Rate Penalties and Claims Practice Regulations

Should any debtor hold on to money that is agreed owed? It seems like an absurd question, but in the insurance claims world, many insurance companies know that it is very profitable to "play the float." Even the most famous insurer admits that "playing the float" is very profitable, as I noted in Playing the … Continue Reading

Florida Public Adjusters Make Progress Fighting Code Changes

This spring, a hot topic for Florida public adjusters has been proposed changes to sections of the administrative code that govern public adjusters. Listen to the complete 25-minute audio recording from the recent DFS hearing here. Two of the proposed changes have the Florida Association of Public Adjusters taking action and explaining ramifications that may … Continue Reading

Are State Insurance Commissioners and Attorney Generals Failing to Protect Insurance Consumers?

Insurance is a highly regulated industry because insurance companies have a long history of failing to honor promises, going bankrupt or finding unethical novel methods to gain a competitive edge. State insurance commissioners and attorney generals are charged with enforcing laws and regulations protecting consumers. I posed a question about whether state insurance commissioners and … Continue Reading

Public Adjusters Challenge Validity of Proposed Language Regarding Direct Supervision and More

The Florida Department of Financial Services proposed changes to very important sections of the administrative rules that govern public adjusters and, in part, other adjusters in Florida. I posted about the proposed changes in Take Action Florida Public Adjusters: The Florida Department Seeks to Change the Rules Again.… Continue Reading

Take Action Florida Public Adjusters: The Florida Department Seeks to Change the Rules Again, Part II

The Department of Insurance is looking to change the way adjusting is done in Florida. Two weeks ago, I posted about the how problematic some of these proposed changes could be to the industry. On Thursday, May 9, 2013, the Department will have a hearing about the proposed changes. One of the changes our readers … Continue Reading

Take Action Florida Public Adjusters: The Florida Department Seeks to Change the Rules Again

The Department of Insurance is looking to change the way adjusting is done in Florida. Rule changes to 69B-220.051 and 69B-220.201 have been proposed. Here is the summary from the Department: The proposed changes to Rule 69B-220.051, F.A.C., clarify the responsibilities and requirements of public adjusters and public adjuster apprentices, define the terms “direct supervision” … Continue Reading

Regulating the Appraisal Industry—Is it Time?

Two recent posts, The Current State of Appraisal and How Mutual Terms Can Prevent Appraisal and Ethics of Appraisers—Just Wishful Thinking? raise the question whether the appraisal process and appraisers should be regulated. In my speech at the Windstorm Insurance Conference last week, I predicted regulation was certainly coming because neither insurers nor policyholders should … Continue Reading

New York Governor Signs Order to Expedite Aid from Public Adjusters

In an effort to get Super Storm Sandy claims handled faster, Governor Cuomo issued an executive order making it easier for out-of-state public insurance adjusters to work in New York and help policyholders with their Sandy claims. The goal of this executive order is to increase the number of qualified adjusters available to New Yorkers. … Continue Reading

When it Comes to Penalizing Insurance Companies for Bad Behavior, it’s Better Late than Never

This past week, the California Department of Insurance (CDI) settled an enforcement action against an insurer over claims handling practices from the November 2008 Sayre wildfire. The insurer charged with wrongdoing was New Hampshire Insurance Company (“New Hampshire”), a subsidiary of AIG. The Sayre fire burned in Sylmar, California, and was the eighth most damaging … Continue Reading

California Regulations Detail Time Limits for Insurer Claims Handling

California is known to have consumer friendly laws when it comes to insurance. With all the codes and regulations, it’s good to know the California Department of Insurance (CDI) published "Fair Claims Settlement Practice Regulations" under Title 10 of the California Code of Regulations. Although Title 10 encompasses many facets, the regulations provide a concise … Continue Reading

A Call for Homeowners Insurance Reform

Professor Daniel Schwarcz has called for regulatory reform of the homeowners insurance market as noted in yesterday’s post, "Insurance Regulators and Lawmakers, Judges and Insurance Consumer Advocates Should Study Professor Daniel Schwarcz’s Work." Unlike many who point out problems with no suggested solutions, Professor Schwarcz offered simple solutions that would dramatically improve consumer protections in … Continue Reading

Are Florida Policyholders With Sinkhole Losses Doomed Without Coverage?

The fix appears to be in for sinkhole losses. The insurance industry and lobby worked hard to set the rhetoric in its favor. Florida’s Insurance Commissioner seems to now be more concerned about appeasing the insurance industry to keep his job rather than taking on an industry he used to battle. Many policyholders with property … Continue Reading
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