Archives: Consumer Protection

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Why California Insurance Reform Can Improve Disaster Recovery in the Future

As many Californians continue to repair, rebuild, and regain financial health after the disasters throughout the State, many are looking at insurance reform as a solution for the future. Insurers should provide the funds due to individuals and businesses after a disaster, but as surveys have shown, these funds don’t always flow as they should.1… Continue Reading

Bad Faith Claim Investigation May Subject Insurance Company to Private Remedies Under Consumer Protection Law

Last month, a New York Supreme Court affirmed that insurance companies are subject to that state’s consumer protection law, General Business Law § 349. In 37 West 24th Street, LLC v. Seneca Insurance Company, Inc., the trial court denied Seneca Insurance Company’s motion to dismiss the plaintiff’s claim under that statute.1… Continue Reading

Appraisals: A Comment on the Scott deLuise Post Regarding Colorado Appraisals and Failed Colorado Appraisal Legislation

American politics and government can make people extraordinarily upset. The very nature of democracy, modern regulation, those being regulated and those regulating promotes active and emotional disagreements of what is the best public policy and how it should be determined. So, my first observation from yesterday’s post, Colorado House Bill 18-1153 Concerning Appraisals for Insurance … Continue Reading

California Mudslide Exclusions Unenforceable Where Wildfires Caused Slide

Most homeowners and commercial insurance policies contains exclusions for loss or damages caused by mudflow or other similar occurrences. An example of on such exclusion is included below: b. Earth Movement and Settlement, meaning earthquake, which includes land shock wavers or tremors before, during or after a volcanic eruption; landslide; mudflow; sinkhole; earth sinking, rising … Continue Reading

Only You Can Prevent Your Information From Being Shared

We were recently asked about the extent to which your insurance company can share your personal information. This question begins with the privacy protections under federal law found in the 1999 Graham-Leach-Bliley Act (the Act).1 Title V of this Act relates to consumer privacy, and contains rules about how financial institutions may share “non-public personal … Continue Reading

California Wildfire Victims and Policyholders Need Information About Their Claims Rights

All states have unique insurance laws following disasters. Many important rights and options are not contained in the insurance contract. California wildfire victims and policyholders are discovering first-hand that some insurance adjusters are not being honest or upfront regarding their rights following the 2017 wildfires.… Continue Reading

Claims Handling Requirements by State – Colorado

Up next in the state-by-state claims handling tour is the Centennial State – Colorado. Colorado property owners have been devastated by massive hail storms over the last several years so it is very important that policyholders and their representatives are aware of the claim handling requirements of the state. Colorado’s claim handling is governed by … Continue Reading

Insurance Catastrophe Claims Often Deserve a Second Opinion and Possibly a Legal Opinion

Barry Zalma recently wrote an excellent article, Claims in a Catastrophe, in the The CPA Journal. Zalma is a very experienced property insurance attorney. He is a prolific writer of articles and books involving property insurance claims. To all policyholders having felt the impact of 2017 catastrophe claims, one important point in Zalma’s article is … Continue Reading

Hurricane Irma Policyholders Should File a Written Complaint About Slow, No or Low Paying Claims Insurance Adjusters

Amy Bach of United Policyholders and Paula Palozzi, Associate Director of the Rhode Island Department of Business Regulation, Insurance Division, held a seminar at the First Party Claims Conference and called on aggrieved policyholders to file written complaints with departments of insurance. Palozzi explained that when insurance companies pay too little, a written complaint about … Continue Reading

Is the Insurance Company Adjusting Your Claim Fairly in Puerto Rico?

Too many in Puerto Rico are still dealing with the catastrophic effects of Hurricane Maria. Today the focus is on getting basic supplies like drinking water to nearly half the population. An insurance claim is likely not a priority at this moment for those owning homes or businesses in Puerto Rico. However, insurance companies must … Continue Reading
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