FedNat Insurance Company, fka Federated Insurance Company, was the recent topic of conversation that I had with an attorney seeking information about FedNat claims practices and how to prosecute a bad faith lawsuit in Florida. One suggestion I made was to study the proposed jury instructions in the upcoming Sebo bad faith case.1
Continue Reading FedNat Claims Handling Complaints and Bad Faith—Learning From Proposed Sebo Bad Faith Jury Instructions
As mentioned in my earlier blog post, How to File a Complaint with the Insurance Commissioner Office About Your Delaying, Denying, and Bad Treating Insurance Company, Article 27.164 of the Puerto Rico Insurance Code requires an insured to notify the Insurance Commissioner of any incompliance, delay, unpaid, under paid or unjust claim management by the insurer prior to filing suit in court. This law applies to Hurricane Maria claims and all insureds that did not file suit prior to the effective date of Article 27.164 must to comply with this new requirement.
Continue Reading Insurance Claim Notifications Prior to Filing Complaint
Nancy Dominguez of the Florida Association of Public Insurance Adjusters provided a little public records Christmas gift. The Citizens Managed Network Vendor Program Best Claims Practice & Estimating Guidelines are attached as exhibit B to the Contractor Managed Repair Program contract between Citizens Property Insurance and Crawford & Company.
Continue Reading A Christmas Present—Citizens Managed Network Vendor Program Best Claims Practices & Estimating Guidelines
Yesterday’s blog, Insurance Company Internal Claims Management Documents Should Demonstrate Good Faith Claims Processes, lead to a number of private comments and questions by readers. As a follow up, I ask the question, Why Should Property Insurance Claims Handling Training Programs, Processes, and Incentives Be Secret?
Continue Reading Why Should Property Insurance Claims Handling Training Programs, Processes and Incentives Be Secret?
The tragic tornadoes ripping through Kentucky and the Midwest this weekend will result in significant insurance claims. Policyholders are in need of immediate adjustment and payments of money to help soften the blow. Kentucky has a very strong public policy for good faith claims treatment which is found in its Unfair Claims Settlement Practices Act (USCPA).1
Continue Reading Kentucky Unfair Claims Settlement Practices Act
Insurance companies have an obligation to promptly investigate coverage and evaluate damages when adjusting a first party property insurance claim. When an insurer fails to do this, it has failed to act in good faith. A federal court in Washington recently found the same as a matter of law.1
Continue Reading Claim Delay Leads to Bad Faith Judgement
Louisiana insurance law is very different from other states. Louisiana insurance bad faith law is different, makes meaningful definitions about what good faith conduct is expected, and makes insurers accountable for good faith claims treatment when hurricanes damage Louisiana policyholders. Policyholders who have been underpaid or delayed payment should get legal advice about their valuable legal rights. You could lose out on monies owed if you fail to speak with legal counsel and have been subjected to low-ball and slow-paying property insurance companies.
Continue Reading Louisiana Policyholders Deserve Good Faith Claims Treatment—Understanding Louisiana Hurricane Claim Bad Faith Law
The genesis for this post is a jury trial that Merlin Law Group attorneys Mike Duffy, Jon Bukowski, and Larry Bache recently won. Jon Bukowski sent me a transcript of the closing arguments with a comment about Mike Duffy’s closing being “the best.”
Continue Reading Insurance Company Lawyer Tells Jury Insurance Companies Cannot Be Expected to Know Building Codes
Hurricane Ida claims in Louisiana are underway. Following Hurricane Laura, a number of Louisiana public adjusters complained about many insurance companies not speaking with them and simply ignoring their own policyholder customers. All adjuster and claims managers should read and follow a February 26, 2021, Bulletin1 from Louisiana’s insurance commissioner about what is expected of them regarding good faith claims handling and working cooperatively to help Louisiana policyholders.
Continue Reading Louisiana Policyholders Deserve Good Faith Treatment – Insurance Companies Cannot Ignore Public Adjusters and Should Communicate with Policyholders
While researching Nevada insurance agency law and duties, I came across a course entitled, Ethical Issues in Insurance. Two points of the course, which seem very relevant to most claims situations, involved the trust that policyholders place with agents and then the trust they place with the companies hoping they will be fully paid when a claim is presented.
Continue Reading The Insurance Industry Teaches Ethics But Does It Follow What It Teaches?