If you are a public adjuster or roofing contractor, you may help multiple policyholders – in same area, with the same carrier – after a natural disaster. If your policyholder clients are getting the same line items denied in claim after claim – or inconsistent payments/denials regarding the same line items – consider filing Mass Actions against the individual carriers.
Let’s consider the following scenarios. For purposes of this discussion, we assume you handle hail claims all over Texas:
- For all claims statewide in which the carrier pays for full roof replacement, the carrier still denies payment for particular roofing system components.
- The carrier pays Overhead & Profit for Dallas claims, but denies Overhead & Profit in Amarillo.
My previous post in this Aggregate Litigation series generated interest and discussion regarding potential Class Actions. In this post, we will discuss requirements for Class Certification. In addition, how those requirements influence whether a Class Action is the best option for recovery under different circumstances.
Let’s consider the following:
- How many public adjusters and lawyers do you know who routinely represent policyholders on claims that total less than $500?
- How many public adjusters and policyholder lawyers do you know who refuse to resolve any claim unless the carrier pays for every lower-value damaged component in the roofing system?
- What if a means existed to efficiently prosecute smaller claims that are not typically prosecuted because the costs are likely to exceed the benefits?