If you are a Vermont property owner, have suffered a property loss, and believe that you have been wronged by a delaying, denying and bad treating insurance company, you have the right to file a complaint with the insurance commissioner.… Continue Reading
The mission of the Connecticut Insurance Department is consumer protection. The Department carries out its mission by enforcing state insurance laws to ensure policyholders are treated fairly, by providing assistance, outreach, and education to help consumers make sound choices, and by regulating the industry in a fair and consistent manner that fosters market competition for … Continue Reading
The Arkansas state motto is “Regnat Populus” which means “The People Rule.” With the state motto in mind, Arkansas policyholders can seek assistance with their insurance claims through the Arkansas Department of Insurance at www.insurance.arkansas.gov. When a policyholder has been mistreated by having their claim delayed, denied or handled in bad faith, Arkansas provides an … Continue Reading
The Massachusetts Consumer Service Department responds to inquiries and assists consumers in resolving insurance complaints against insurers, producers and other licensees. Consumer Services also advises consumers of their options and rights under their policies, state laws and regulations. They maintain a database which has an inventory of all written complaints and inquiries received from the … Continue Reading
Bad faith cases really should be named “lack of good faith” cases because the duty is on the insurance company to act in the utmost of good faith and fair dealing with the policyholder. “Bad” has nothing to do with it. Alabama, however, carries the “bad faith” definition one step further by delineating a cause … Continue Reading
Rutgers insurance law professor Jay Feinman wrote a book, Delay Deny Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It, which exposed many insurance company unfair claims practices. In the last chapter of the book, he discussed how we can stop insurance claim wrongful delays and denials.… Continue Reading
In an important New Jersey policyholder decision, the U.S. Court of Appeals for the Third Circuit recently addressed New Jersey’s Consumer Fraud Act (CFA) and ruled the CFA applies to an insurer’s deceptive claims handling practices as well as the sale of insurance policies.1… Continue Reading
Merlin The Moose is a client favorite at the Chicago Merlin Law Group office. We won him at a charity auction last year. He also led me to some creative research uncovering a problem with market conduct studies and the transparency of property insurance claims procedures many insurers keep hidden from their customers and insurance … Continue Reading
An overwhelming number of claims are settled on a mutual understanding with respect to the covered loss and the amount necessary to indemnify the policyholder. The question is then: What can a policyholder do if the insurance company is taking an unreasonable amount of time to tender settlement payment. Florida law remains focused on strong … Continue Reading
In states like Ohio where catastrophic disasters are not as common as in other states, policyholders should still understand how important it is to have a claim handled properly. Ohio’s most common disasters are tornadoes, snow, and floods. Although not common, Ohio has been affected by hurricane winds and rain that have reached some areas. … Continue Reading
Hurricane Season will soon come to its end and our attention will shift to other potential risks from nature. For many policyholders in our northern states, heavy snowstorms could be the next threat. That’s why I dedicate this blog to Alaska, known for its heavy snows or blizzards, and for earthquakes, tsunamis, forest fires, avalanches, … Continue Reading
Insurance companies spend time training their insurance adjusters. Training is a very important. It sets the tone and culture of how the claims department functions. Training can be ethical and professional as discussed by Ken Brownlee in Insurance Companies Must Perform in Good Faith Regardless of Their Customer’s Imperfect Actions. It can also lead into … Continue Reading
Historically September is one of the most active months during hurricane season. Policyholders should be prepared and informed before, during and after a hurricane. As I write this blog, many in South Carolina are experiencing the force of Hurricane Florence and while for some, the hurricane will end the next day, for others the following … Continue Reading
Idaho is a state with a diverse weather, and property owners have risks all year long. Adequate insurance coverage should be considered by all property owners. Some of the natural disaster risks in Idaho are wildfires, snowstorms, flooding, and earthquakes.… Continue Reading
Property insurance is purchased to help protect an insured with the consequences of a natural disaster or serious storm. Far too often we hear from confused policyholders when their insurance carrier attempts to delay payment of a valid covered claim or unreasonably delays the payment of covered benefits. Fortunately, Wyoming provides several legal avenues to … Continue Reading
One of the most offensive examples of insurance company claims managers losing their ethical way is when they demand that their insureds risk life and limb to immediately investigate their roofs after a hail storm. Most insurance policies require “prompt notice” of loss. But, does the insurance company ever warn its customers they must risk … Continue Reading
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
The Sunflower State, Kansas, is also known for the many natural disaster events such as tornados, hail, flood, and thunderstorm winds. It is important that Kansas property owners be prepared and properly insured against the threat of these natural disasters that can sometimes arrive unexpectedly.… Continue Reading
The State of Nevada is known as the “Silver State” for its large silver mine industries, but it is also popular for the casinos in its largest city, Las Vegas. For property policyholders in Nevada it is important to know that the state provides statutes that protect and guide insureds during the claim handling process.… Continue Reading
Washington State is not only known as the “Evergreen State” and the only state named after a United States President, but it is also the home of many innovative Internet companies and where the biggest coffee chain in the world was founded: Starbucks. Besides these facts it is also important to know how a claim … Continue Reading
On our journey through the states, we now explore the “Granite State,” New Hampshire. One of the original thirteen colonies and known for its state motto, “Live Free or Die,” you should also know that New Hampshire has a complaint handling procedure applicable to insurance companies. Regulations for insurance company business can be found under … Continue Reading
Steaming ahead on our 50-State claims handling tour, we now pull in to the Peach State – Georgia. Insurance carriers operating in Georgia are subject to both the Unfair Claims Settlement Practices Act1 and regulations that set forth the guidelines they must follow.… Continue Reading
As I am writing this blog, most of the country is in the middle of a deep freeze. Here in New Jersey, the forecast doesn’t show any signs of warming up: So naturally, my mind turned to more temperate climates and so today we are going to chat about the claims handling guidelines in California.… Continue Reading
