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
Our next stop as we tour the claims handling guidelines of the 50-states is the First state, Delaware. I have never spent a lot of time in Delaware but I do have a fondness for it. When I was young, I was fortunate enough to have a family home on the Delaware Bay about a … Continue Reading
Up next in the state-by-state claims handling tour is the Centennial State – Colorado. Colorado property owners have been devastated by massive hail storms over the last several years so it is very important that policyholders and their representatives are aware of the claim handling requirements of the state. Colorado’s claim handling is governed by … Continue Reading
Nationwide Insurance Company claims managers may need to add botany and common-sense training to their claims education program. A Nationwide claims specialist sent photos of hibiscus plants to police indicating that Nationwide policyholders with a fallen tree loss were growing marijuana. The Nationwide policyholders look straight out of central casting as the “perfect aging couple” … Continue Reading
Too many in Puerto Rico are still dealing with the catastrophic effects of Hurricane Maria. Today the focus is on getting basic supplies like drinking water to nearly half the population. An insurance claim is likely not a priority at this moment for those owning homes or businesses in Puerto Rico. However, insurance companies must … Continue Reading
After watching my video, many may think those who fortunately purchased hurricane flood coverage will be paid promptly and for the full amount. Please read our prior posts about what has happened in the past with National Flood Adjustments:… Continue Reading
As we have toured around the country, we have seen states that are very protective of policyholders through extensive claim handling guidelines. Others have very few regulations. While Connecticut has a statute barring unfair claims practices, it is actually an example of the latter.… Continue Reading
The Arizona Court of Appeals recently overturned a trial court’s dismissal of an insured’s bad faith case stemming from a disagreement with an insurance company over coverage for a stolen baseball card collection.1 As a kid who grew up collecting baseball cards, I took particular interest in this case.… Continue Reading
I walk around at conventions and conferences trying to learn and pick up ideas I can use. At the first celebration of FAPIA’s 25th Anniversary two weeks ago, I stopped at the SIMSOL vendor booth. I asked a rather simple question: Why do you guys think you are better than Xactimate?… Continue Reading
McKinsey & Company has been a major influence on insurance company claim processes over the last 25 years. We are following a Freedom on Information lawsuit brought against FEMA where McKinsey documents were requested and FEMA failed to produce them.1… Continue Reading
After a claim is made, and despite the obligation to objectively, fairly, and reasonably investigate a claim with an eye toward providing coverage and without putting the insurance company’s interests ahead of their insured’s, some insurers actively look for ways to deny coverage. One of the ways some insurers do this is by using the … Continue Reading
In first-party property insurance disputes, among the documents that the insured will likely request from the insurance company is the “underwriting file.”… Continue Reading
Last week, the Arizona Department of Insurance issued the first Regulatory Bulletin of 2017.1 The Bulletin reminded property insurance carriers that, pursuant to A.R.S. § 20-1677, they must provide their policyholders with written notice of premium increase, changes in deductible or reduction in limits or substantial reduction in coverage at least thirty days before the … Continue Reading
Insurance Companies can breach the implied covenant of good faith and fair dealing by failing to pursue adjustment of the claim with reasonable diligence. This means that both insured and insurance companies must pay close attention to the company’s diligence (or lack thereof) in handling a claim.… Continue Reading
Next up in our state-by-state anthology of claims handling guidelines is the Beaver State – Oregon. Claims handling in Oregon is governed by the Oregon Administrative Rules.… Continue Reading
