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,

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 public.
Continue Reading How To File A Complaint With The Commonwealth Of Massachusetts, Division Of Insurance About Your Delaying, Denying And Bad Treating Insurance Company

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 of action for “abnormal bad faith.”
Continue Reading Alabama Allows Abnormal Bad Faith—Is Auto-Owners Calling Its Customers’ Fraud Bad Faith?

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 Third Circuit Court of Appeals Allows New Jersey Policyholder’s Consumer Protection Claims Against Insurer for Deceptive Claims Handling

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 regulators.
Continue Reading Property Insurance Claims Procedures Should Be Transparent and Uncovered in Market Conduct Studies

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 public policy encouraging settlement of claims. To accomplish that goal Florida legislature has implemented statutes to protect the policyholders even when an amicable resolution has been reached between the policyholder and the insurance company.
Continue Reading In Florida, There Are Penalties For An Insurance Company That Does Not Timely Issue Payment After A Settlement

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. Other risks are forest fires and earthquakes.1
Continue Reading Claim Handling Requirements by State: Ohio

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, flooding, volcanic eruptions, and landslides. These are some of the reasons why Alaska homeowner insurance policies should at least include coverage for damages done to their dwelling by fire, earthquakes and frozen pipes.
Continue Reading Claim Handling Requirements by State – Alaska

Chip Merlin and April Hall

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 bizarre scenarios as exampled by the “Jewish Lawyers List” in Hindin v. State Farm – The Landmark Claims Practice Case That Few Know About Finally Ends.
Continue Reading Insurance Company Adjuster Training Scripts and Role Paying