This year, United Policyholders celebrates a tremendous milestone – 30 years of successfully providing information to and advocating on behalf of policyholders nationwide.
In their own words:
United Policyholders (UP) is a non-profit 501(c)(3) organization whose mission is to be a trustworthy and useful information resource and an effective voice for consumers of all types of insurance in all 50 states.
Continue Reading United Policyholders: A Brief Look Back at the Past 30 years
Massachusetts has adopted a version of the model Unfair Claims Settlement Practices Act and recognizes a cause of action for bad faith against a first-party insurer.1 Mass. Gen. Laws Ch. 93A § 9 establishes a statutory cause of action for any person who has been injured by another person’s use or employment of any method, act, or practice declared to be unlawful by Mass. Gen. Laws Ch. 176D § 3(9), a violation of which may give rise to civil liability under 93A § 9.2 While each state generally has their own specific bad faith statute outlining what constitutes a “unfair” or “deceptive” act by an insurer, Massachusetts law includes conduct typically found throughout the country.
Continue Reading Bad Faith Conduct and Foreseeable Damages in Massachusetts
One of the most painful decisions I have to make as an attorney in private practice is turning away potential clients because the cost of litigation dwarfs the value of their claim. I am certain that the public adjusters I know experience the same pain. But it is inevitable in the private sector, at least in states that lack consumer-friendly automatic attorney-fee laws, like California, where I practice. But no matter where you are, the number of mistreated policyholders vastly exceeds the caseload capacity of capable bad faith attorneys and public adjusters. I try to at least offer helpful tips to those I can’t formally represent, but I know that is often not enough.
Continue Reading Just Because You Can’t Get a Lawyer or Public Adjuster Does Not Mean You Are Out of Options
The South Carolina legislature has an insurance claims handling bill which is very pro-policyholder and would severely limit insurance companies from denying water leaks absent prior knowledge of the policyholder. Here it is:
Continue Reading Pro-Policyholder Water Leak Claim Bill in South Carolina
Note: This guest post is by Brian S. Goodman. Brian is a partner at the Baltimore law firm of Goodman & Donohue, LLC. He is also General Counsel to NAPIA.
As a guest blogger for Chip Merlin, I am honored to write a bit about the history and purpose of the National Association of Public Insurance Adjusters (NAPIA), an organization for which I have served as General Counsel for over two decades.
Continue Reading The History of NAPIA and Its Importance to the Public Adjusting Profession
Should insurance brokers and executives running insurance companies stand up for their insurance customers? While the comments section is sometimes passed over, I noted that a premier insurance broker, Irene Ochoa, stood up for insurance customers when responding to an article in Claims Journal, Viewpoint: J.S. Held CEO Refutes ‘Claims Surrogate’ Label.
Continue Reading Premier Insurance Broker Irene Ochoa Responds to Jon Held and Notes That Policyholders Need Protection
The Oklahoma Legislature has created an incentive for insurance companies to timely investigate claims submitted by insureds and resolve those claims. This incentive comes in the form of a statute,1 which explicitly gives an insured the right to recover the costs and fees paid to his or her attorneys when the insured prevails at a trial (or, in other words, when the jury agrees the insurance company should have paid a claim). The money for these fees and costs is paid by the insurance company. This is huge for policyholders because attorneys’ fees and litigation costs can reach thousands of dollars—sometimes hundreds of thousands.
Continue Reading Insured Oklahomans Have a Confirmed Right to Make the Insurance Company Pay Their Attorneys Fees and Costs for Wrongfully Denied Claims
After the death of George Floyd last month, riots followed peaceful protests in cities across the country, including Illinois, and many have been overwhelmed by the scale of property damage, looting, and vandalism. As a result, Illinois Governor J.B. Pritzker issued disaster proclamations for 14 counties. To ensure that Illinois insurance consumer rights are protected, the Illinois Department of Insurance implemented Bulletin 2020-15.
Continue Reading Illinois Department of Insurance Requests Insurers Implement Protective Measures for Claims Due to Recent Vandalism and Looting
It is hard enough under the best of circumstances to beat the insurance company lobbyists and attorneys who bring all kinds of arguments and propaganda to the halls of legislatures and in courts to judges. But it is worse when policyholder attorneys systemically act in an unethical manner and create facts to back up those otherwise frivolous arguments.
Continue Reading Strems Law Firm Suspended For Unethically Representing Claimants
Our client’s home was totally destroyed in the 2017 Tubbs Fire. After his carrier, Liberty, engaged in unfair claims practices, he filed multiple complaints with the California Department of Insurance (“CDI”). The CDI ignored his complaints for months but pretended it was investigating. Eventually, our client filed suit against Liberty—and the CDI.
Continue Reading Insureds May Be Able to Sue the California Department of Insurance For Not Meaningfully Reviewing Consumer Complaints