Home Insurance Law A part of The Proposed Florida Laws Has At Least One Particular person In Common Settlement—Steve Badger | Property Insurance coverage Protection Regulation Weblog

A part of The Proposed Florida Laws Has At Least One Particular person In Common Settlement—Steve Badger | Property Insurance coverage Protection Regulation Weblog

A part of The Proposed Florida Laws Has At Least One Particular person In Common Settlement—Steve Badger | Property Insurance coverage Protection Regulation Weblog


The not too long ago filed and quickly-to-be-heard proposed Florida insurance coverage legal guidelines famous in yesterday’s publish, Breaking Information—Florida Senate Proposes New Insurance coverage Laws, finds Steve Badger usually settlement with this  proposed unfair claims apply:    

Altering or amending an insurance coverage adjuster’s report with out together with on the report or as an addendum to the report an in depth checklist of all modifications made to the report and the identification of the one that ordered every change. Any change that has the impact of decreasing the estimate of the loss should embrace an in depth reason such change was made;

These proposed legal guidelines could be traced to the work of Washington Publish journalist Brianna Sacks whose article I famous in Insurance coverage Firm Corrupt Claims Tradition Uncovered by Washington Publish. My impression is that components of the proposed laws deal with Florida’s insurance coverage firm executives skimming cash from the Florida insurance coverage firms, as reported by Tampa Bay Instances journalist Lawrence Mower in Florida Insurance coverage Firm Execs Noticed Large Payouts in Years With out Hurricanes.

I used to be on an American Policyholder Affiliation Board of Advisors Zoom convention when Mathew Mulholland despatched me a hyperlink to Steve Badger’s earlier response to the Washington Publish article:

My response to the 7 public adjusters, 5 policyholder attorneys, and a pair of roofing contractors who all despatched me a hyperlink to yesterday’s Washington Publish article….

‘Sure, I noticed it.’

I’ll say the identical factor I posted a number of weeks in the past when this difficulty was first reported…..

If these Florida insurance coverage firms have been altering the impartial adjusters’ factual observations of what they discovered to be broken after which utilizing these factual modifications as the premise for the declare measure despatched to the insured, then, sure, that’s unsuitable. I can perceive the allegation such conduct could possibly be fraud.

However, if these insurance coverage firms have been solely making use of their coverage protection to the factual findings of the impartial adjusters, I’ve no drawback with an insurance coverage firm altering an IA’s estimate to be in line with the protection offered by the relevant coverage. In fact, an insurance coverage firm solely owes for injury that’s lined by its coverage.

With that stated, making these modifications and leaving the estimate on the impartial adjuster’s letterhead isn’t a most well-liked apply. However I wouldn’t name it fraud.

One of the best apply can be to revise the impartial adjuster’s estimate to be in line with the accessible protection and put the revised estimate on the insurance coverage firm’s letterhead. Then ship the insured each estimates, one exhibiting the whole lot that was discovered to be broken and one exhibiting what injury is definitely lined by the coverage.

I preserve telling those who some insurance coverage protection attorneys have a coronary heart and sufficient braveness to state their opinion concerning the significance “good religion” claims practices. We must always pay attention rigorously to and perceive those that are working for the insurance coverage claims business, even when we disagree. Many are moral and deeply care about making the insurance coverage product work for society.      

A Invoice Evaluation and Fiscal Affect Assertion was revealed yesterday, and it could be simpler for a lot of to learn for an understanding of what the proposed legislation does.  It notes that the proposed legislation:

Prohibits licensed and surplus traces insurers from cancelling a property insurance coverage coverage throughout any pending declare till after repairs are full;

Requires that Residents cowl property with open claims which can be being dealt with by FIGA (Florida Insurance coverage Warranty Affiliation);

Prohibits the Workplace of Insurance coverage Regulation (OIR) from waiving its overview of coverage types for 3 years for any insurer that has violated the Insurance coverage Code;

Gives that the prohibition on making use of every other deductible beneath the coverage if a roof deductible is utilized encompasses every other loss to the property attributable to the identical lined peril.

Tolls the time interval for submitting a property insurance coverage declare throughout an insured’s lively obligation navy service; and

Clarifies legislative intent that Chapter 2022-271, Legal guidelines of Florida, handed throughout Particular Session A in December 2023, (SB 2-A [2022] on Property Insurance coverage) shall not be construed to impair any proper beneath an insurance coverage contract in impact on or earlier than the efficient date of that chapter legislation (December 16, 2022).

Concerning claims dealing with practices, the proposed legislation:

Requires OIR to make sure legal responsibility insurers are complying with correct claims dealing with practices by following specified greatest practices

Creates a 60-day prompt-pay legislation for non-PIP motorcar insurance coverage claims much like the immediate pay legislation for residential property insurance coverage claims;

Requires insurers to yearly submit their claims manuals to the OIR and attest that the guide comports to regular and customary business claims dealing with practices; and

Strengthens the Unfair Insurance coverage Commerce Practices Act by:

o Prohibiting altering or amending an adjuster’s report with out together with an inventory of modifications, who made the change, and a proof of a change that reduces protection; and

o Prohibiting cost of bonuses to officers and administrators whereas an insurer is impaired or bancrupt.

The primary listening to of this invoice is tomorrow morning in Tallahassee.

Thought For The Day

Braveness is resistance to worry, mastery of worry, not absence of worry.

—Mark Twain



Please enter your comment!
Please enter your name here