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Introduction: The Texas Department of Insurance (“TDI”) has adopted rules amending the Consumer Bill of Rights for personal automobile and homeowners’ insurance.1 See 28 TAC §5.9971(b). Insurers must begin providing the new Bill of Rights to insureds by November 15, 2021. The Bill of Rights is a summary of a policyholder’s rights and is not a part of a policyholder’s policy. Additionally, Texas Senate Bill 1376 has been enacted to exempt 18 kinds of commercial insurance policies from rate and form filing requirements. This new legislation applies on or after September 1, 2021, to policies delivered, issued for delivery, or renewed. In addition, Texas Senate Bill 965 amends rate filing requirements for residential property and personal automobile insurers with low market shares and applies on or after to January 1, 2022, to delivered, issued or renewed policies.…
Continue Reading Texas Amended Consumer/Homeowners Bill of Rights and Other Recent Legislation

This updates new California legislation in anticipation of another season of devastating wildfires. California is in drought once again. Summer has just begun and there has already been record-setting heat. Although California has been spared so far, wildfires are expected to continue to run rampant through California as it continues to heat up and dry out. The anticipated wildfires are expected to bring an influx of for out-of-state insurance adjusters into California to handle the insurance claim volume. It is safe to assume that out of state adjusters will not be up to speed with 2021 changes in California insurance law. As a policyholder advocate, you can add value to any claim by simply staying current on the rapidly changing California Insurance Code and applying it to your claim representation.…
Continue Reading 2021 California Legislative Update: Senate Bill 872

Paul Handerhan has been a long-time leader regarding Florida’s insurance industry. Paul Handerhan carries the CPCU designation and is a Past President of the Florida Association of Public Insurance Adjusters. I have seen him testify in Tallahassee on insurance issues and he truly has a pulse on various legislative issues facing those involved with Florida’s legal scheme of property insurance law and regulation. He currently serves as the President of the Federal Association of Insurance Reform (FAIR) which used to known as the Florida Association of Insurance Reform. This is what FAIR says about itself:…
Continue Reading Contractors and Public Adjusters Beware! More Details and Analysis of SB 76 and SB 1598 By Paul Handerhan on Tuesday @2 With Chip Merlin

Florida’s new anti-policyholder laws found in SB 76 were not vetoed and instead were signed into law effective July 1, 2021. This is a big win for insurance companies which delay and underpay claims. The effect of these laws make it more difficult to hold those insurance companies accountable, further delay claims payments when those insurance companies do delay payment, provide new technical defenses to insurance companies when they are sued, reduce the time to submit all claims to insurers, and make it much less probable that policyholder attorneys fees will be fully paid by delaying and underpaying insurance companies. To top it off, nobody in the insurance industry promises that these new laws will reduce insurance rates.…
Continue Reading Florida’s New Anti-Policyholder SB 76 Signed Into Law By Governor DeSantis

An Orlando Sentinel article, Florida Lawmakers Are Being Misled About Insurance Lawsuits, Expert Contends,1 makes one wonder whether Florida’s Insurance Commissioner has sold out Floridians to benefit Florida’s property insurance industry. One of the country’s most noted insurance experts, Birny Birnbaum, was quoted in the article concerning a letter Florida’s Insurance Commissioner wrote:…
Continue Reading Is Florida’s Insurance Commissioner a Stooge for the Insurance Industry?

John Pappas was the senior partner of Florida’s largest property insurance defense firm. He has written a “white paper” about the Florida legislation in HB 305, currently pending in the Florida House. His conclusion is as follows when it comes to frivolous lawsuits and stopping insurance litigation:…
Continue Reading Florida Insurance Company Attorney Calls Out Bad Insurance Legislation Harming Floridians–Join Me on Today’s Tuesday @2 With Chip Merlin

The Florida Senate has crafted legislation to force those with delayed and underpaid property damage claims to seek resolutions outside of the halls of justice. Florida Senate Bill 76 slashes the time policyholders have to file a claim, reduces recoverable attorney fees from insurance companies (making it difficult for policyholders to find competent counsel when insurance companies underpay them), and enables the sales of weaker policies not fully covering homes.…
Continue Reading Florida Senate Bill 76 is Bad for Florida Policyholders

United Policyholders has sent a letter to Florida Governor Ron DeSantis calling on him to oppose the current pending legislation founds in SB 76 and HB 305. Here is part of the letter written by Amy Bach to Governor DeSantis:…
Continue Reading United Policyholders Calls on Governor DeSantis to Oppose Harmful Bills to Florida’s Policyholders

Mortgage servicers, banks, and their accountants must sign off under federal regulations that the loans that they package and are underwritten by Fannie Mae comply with certain requirements, including those involving insurance. If the mortgage does not have the proper insurance, it cannot be part of the Fannie Mae backed system. The Florida Senate passed insurance legislation which clearly jeopardizes the chances of home ownership by Floridians with a Fannie Mae mortgage because it is non-compliant. Worse is that when many Floridians buy that type of non-compliant insurance, they may have the additional burden and expense of the mortgage servicer adding force-placed coverage.…
Continue Reading Florida Senate Passes Insurance Bill That Will Make Mortgages Non-Negotiable Under Federal Regulations