Archives: Consumer Protection

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Puerto Rico Aprueba Enmiendas Al Código de Seguros Para Proteger A Los Asegurados Y Mejorar Los Procedimientos Para Solucionar Reclamaciones

A raíz de la catástrofe causada por los huracanes Irma y María, surgió la necesidad de revisar el proceso de reclamaciones ante las aseguradoras en aras de hacer este uno más eficiente. Es por esto que, el gobierno ha trabajado en métodos que ayudarán a mejorar los procedimientos de manejo de reclamaciones ante las aseguradoras. … Continue Reading

Puerto Rico Approves Amendments to the Insurance Code to Protect Policyholders and Improve Claim Handling Procedures

After the catastrophe caused by Hurricanes Irma and Maria, there was a need for an efficient recovery process. The government has worked on methods to improve the way insurance claims are handled. Following models from multiple jurisdictions in the United States, Puerto Rico will now have available more protections and resolution methods for property and … Continue Reading

Adjusters and Insurance Companies Should Not Pressure Hurricane Florence Policyholders To Use Favored Contractors

Managed repair is the rage of many insurance companies. To reduce claims costs and better compete on low price, some insurance company adjusters use various techniques to steer or pressure policyholders into using contractors the insurance company wants the policyholder to hire. Independent restoration contractors and public adjusters have legions of stories about how adjusters … Continue Reading

Being on The Side of Angels—Public Adjusters Will Lose If They Fail to Follow This Philosophy

The interests and needs of policyholders is why public adjusters get to make a living adjusting claims. The financial interests of the public adjuster are not paramount to the policyholder. The public interest is paramount over the public adjuster trade. So long as public adjusters properly serve policyholders, serve the public interest, and strive to … Continue Reading

Florida Department of Insurance Says Anybody Hired By a Licensed Public Adjuster Can Participate in Preparing an Insurance Claim By Writing the Insurance Estimates of Damage

The Florida Department of Financial Services (DFS) has issued an email authorizing Florida licensed public adjusters to hire anybody to make estimates of damage. This email corrects my latest two blogs which indicated that the OIR wanted to prevent those not licensed from working on insurance claims by determining valuations of loss and estimates of damage.… Continue Reading

Writing Estimates or Aiding in the Preparation of a Hurricane Michael Claim Requires a Public Adjuster License

Florida Attorney General Candidate Sean Shaw and I collaborated and drafted language that made people making the values, numbers, scopes of loss or directly or indirectly, helping determine an insurance claim amount, have an attorney license or a public adjuster license. We wanted to better protect consumers and help stop allegations of or actual insurance … Continue Reading

Are Property Insurance Appraisers Regulated? – A Reminder of Recently Enacted HB 911 for Those Heading to Florida to Assist with Hurricane Michael

House Bill 911, effective January 1, 2018, was filed by Representative Sean Shaw and enacted by the Florida Legislature to amend Fla. Stat. § 626.854, which protects policyholders through the regulation of public adjusters. Chip Merlin discussed this new law in detail in his post on July 2, 2017. In requiring public adjusters to be … Continue Reading

Rene Sigman is a Rebel with a Cause—Stopping Laws and Regulations That Harm Policyholders

Last week at the Texas Association of Public Insurance Adjuster (TAPIA) Fall Conference, Rene Sigman made the most dramatic speech ever at a public adjuster conference—and did it twice in one day. She stood up to a Texas politician railing about his constituents being harmed by bad laws and bad faith insurance companies. She called … Continue Reading

The Texas Department of Insurance Deserves to Know Your Complaints About an Insurance Company or Adjuster

If you are unhappy or have a complaint with how you were treated by your insurance company or adjuster it’s important to let the Texas Department of Insurance know. Many people do not realize that they can file an official complaint with the Texas Department of Insurance (“TDI”) for various bad acts or mistreatment by … Continue Reading

Mississippi is “Moving Slow as Molasses in January”

On August 17, 2018, the 49th anniversary of Hurricane Camille, the benchmark in Mississippi for devastation and survivability prior to the impact of Hurricane Katrina in 2005, the Mississippi Insurance Department (“MID”) filed its adoption of Rule 34.11 to amend the Mississippi Homeowner Insurance Policyholder Bill of Rights (“Policyholder Bill of Rights”) to include an … Continue Reading

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
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