Tuesday, December 5, 2017
The Community Association Law Blog: In Defense of HOAs
The Community Association Law Blog: In Defense of HOAs: HOAs certainly have their share of detractors. Many HOAs operate a community of detached, single family homes which begs the question: it&...
Tuesday, October 10, 2017
The Community Association Law Blog: A Rude Awakening: Your Board May Not Have the Righ...
The Community Association Law Blog: A Rude Awakening: Your Board May Not Have the Righ...: Even in the frenzy of post-Irma repairs, ordinary life continues and for most volunteer boards and professional managers that means scree...
Sunday, June 15, 2014
Steps to Take When Disaster Strikes
Hurricane season in Texas runs from June 1st through November 30st. We have had a break from storms for the past few years, and may be a bit rusty on what to do if a massive storm comes through. So, here are a few tips to jog your memory:
- Secure family, important documents and possessions, then contact family members outside of the disaster area to let them know your current situation.
- Secure your property and protect against further damage. Insurance companies, unfortunately, are able to deny loss claims if future damages are deemed preventable, so take immediate action to remedy any condition on your property which could lead to further damage. Discuss with your insurance adjuster whether the policy will pay for temporary repairs.
- Seek alternative housing for occupants if your home is unsafe.
- Your initial impulse after a disaster damages your insured property is to clean up and throw away the damaged items. Resist the impulse and take sufficient time to document your personal and surrounding losses by taking photos, not video. Inventory and make a list of everything. Get a three ring binder to keep an organized record of all of your calls, letters and emails from the insurance company. Include other claim-related documents.
- File your insurance claim right away. Ask where you can send written notice of the claim, and then send notice of the claim in writing – either by mail, fax, or email. A simple written description of the incident and the possible damage will suffice. If the insurance company tells you that written notice is not necessary, do it anyway. You’ll also want to be sure to write down your claim number.
- If appropriate, ask for an advance. Many insurance companies will routinely make an immediate payment of $1,500.00 to $5,000.00 when the policyholder has had significant property damage. An advance payment can provide you with much-needed emergency cash. Be sure to keep all receipts for which you use this money.
- Whenever possible, communicate with the insurance company in writing. If you have a telephone or in-person conversation with the insurance adjuster, confirm it in writing afterwards. Write or email the insurance company to get a status on your claim. This prevents misunderstandings. In the confusion that follows a major catastrophe, things sometimes fall through the cracks, so it is good to have things in writing.
- Make thorough notes regarding the progress of your claim. Write down the date of each time you call your insurance company, the name of the person who took your call, and what was said on the call. Also note the date each time an adjuster comes to your property or contacts you – get the name of the adjuster, and write down exactly what was said or agreed.
- Provide the insurance company with the documentation they request. Insurance policies require the policyholder to cooperate with the investigation of the claim. Beware, if a policyholder fails to produce the requested documents, the insurance company may be able to refuse to pay the insurance claim on that basis. The insurance company may require submission of a “proof of loss,” which is a sworn statement setting out the amount of the loss. Merlin Law Group recommends that you obtain legal advice before submitting a proof of loss.
- Keep track of your living expenses. Most homeowner policies reimburse the policyholder for reasonable expenses of establishing and maintaining a second household while the insured residence is being repaired. If your home was completely destroyed, it could take many months to rebuild it. If the policy does pay “additional living expenses,” then you are entitled to reimbursement for the cost of renting a home similar to your own. Your policy may also reimburse you for the cost of other expenses such as hotels, restaurant meals, laundry, and mileage traveling to and from your temporary home. Also, be sure to save all of your receipts, make a copy and give to the insurance company for reimbursement.
- Consider hiring a public adjuster. You may be overwhelmed with post-disaster duties or, you may not be able to reach an acceptable settlement of your claim. If so, consider hiring a "public adjuster:" an independent, licensed adjuster whom you pay to negotiate with the insurance company on your behalf. You'll typically pay the adjustor between 9-15% of what you recover from the insurance company, but that can be well worth it if the adjustor succeeds in significantly increasing the settlement. To find a licensed public adjuster in Texas, begin with www.mytapia.org.
- Keep paying insurance premiums. Stopping your payments could be a big mistake. Also, contact your mortgage company. Unless you are told otherwise, you will still be required to make mortgage payments, even if your home is destroyed.
- Obtain legal advice if the insurance company asks you to submit to an Examination Under Oath(EUO). Most policies allow the insurance company to require the policyholder to be examined under oath. That means that you will be giving testimony as if you are in court, and the insurance company will typically send a lawyer to question you. Insurance companies generally do not ask for an examination under oath unless there is a serious question about whether the insurance claim should be paid because of fraud or other issues.
- Insist on frequent updates from your insurance company regarding the status of your claim. The squeaky wheel gets the grease. In turn, keep the insurance company updated with your contact information.
- If your insurance company unfairly denies or underpays your claim, consult an experienced insurance attorney.
Thursday, June 12, 2014
Public Adjusters - The Inside Scoop
Published on United Policyholders (http://www.uphelp.org)
Public Adjusters - The Inside Scoop
Public adjusters can negotiate a claim settlement with your insurer on your behalf.
Q: What is a public adjuster? A: A person who is licensed to represent insureds’ interests on first party property damage claims.
Q: How do I find a public adjuster (P.A.)? A: Through the National Association of Public Insurance Adjusters www.napia.com and www.aapia.org.
Q: How do I make sure I hire the right person? A: Do an in-person interview and request at least five references. Call the references, find out what their situation was. Have your questions prepared before you call. Then check the status of the person’s license with your state insurance regulators office.
Q: If there have been complaints filed against a P.A. should I rule that P.A. out automatically? A: Not if the complain is for one isolated instance. Ask the P.A. to explain.
Q: What should I expect to pay a P.A.? A; The standard fee is 10% of the amount recovered, but this can vary depending on the size and nature of the loss.
Q: Can I pay my P.A. by the hour instead? A; I don’t recommend it. P.A.s are available 24/7 and often work many hours to secure a fair settlement.
Q: Should every policyholder that has a property claim hire a P.A.? A: No. It depends on the policy, size of loss, and whether the policyholder has had prior experience negotiating a major claim.
Q: Why does size of the loss matter? A: The smaller the loss the less it makes sense to hire someone on a percentage basis. If you’re very underinsured, it’s not worthwhile for the same reason. In that situation you should consider hiring an attorney if the carrier or its agent didn’t properly insure you.
Q: What does a P.A. actually do? A: Primarily, a P.A. documents the loss and negotiates a settlement. The burden of proof is on the insured, so professional help maximizes your recovery.
Q: Does it matter whether your P.A. knows the insurance adjuster assigned to your claim? A: Yes, but that’s hard to determine before hiring the P.A.
Q: What do you do if your PA is not returning your calls? A: If you’re not having ongoing communications or getting status reports monthly, and you’re not getting returned phone calls, confirm this in writing to the P.A., and ask to schedule a meeting to review your claim.
Q: What if you’re still not satisfied with your P.A.? A: P.A. contracts are subject to a three day cancellation period by statute. After that, you can terminate the P.A. and pay them the fee they’ve reasonably earned up to that point in time. If a fee dispute arises, you can go to mediation, or as last resort, litigation.
Q: Are contracts with Public Adjusters standardized? A: Yes. All P.A. contracts have to be approved by the California Dept. of Insurance.
Q: How does a P.A. find me after I’ve had a property loss such as a fire? A: Through the media, referrals, on-line services, fire department dispatching.
Q: Is there anything wrong with a P.A. soliciting you? A: No. Unless you’ve had a prior loss, you won’t be aware of this service unless someone shows up at your property or calls you.
Q: Do insurance companies ever discourage claimants from hiring a Public Adjuster, and if so, why? A: This happens all the time. Insurance companies don’t want the insured to be on an even playing field. They want to control the situation and not deal with someone as or more knowledgeable than they are. Insurers are predisposed to minimize claim payments. Public adjusters are predisposed to maximize claim payments.
The above answers were provided by Public Adjuster Bill Hedden of the San Francisco firm, Consolidated Adjusting. You can contact Bill at adjustbill@aol.com. Bill has served on UP’s Board of Directors for many years. To review Public Adjuster Licensing requirements or file a complaint, contact your state insurance department or visit the NAPIA website at www.napia.com
Saturday, December 31, 2011
Friday, December 30, 2011
Monday, December 19, 2011
Saturday, November 19, 2011
Saturday, November 12, 2011
Thursday, November 10, 2011
Wednesday, November 9, 2011
Tuesday, November 8, 2011
Monday, October 31, 2011
TallyInsLaw.com: Key Insurance Bills Filed: 2012 Legislative Sessio...
TallyInsLaw.com: Key Insurance Bills Filed: 2012 Legislative Sessio...: Florida's 2012 Legislative Session does not start until January 10, 2012, but bills are being filed and committees are meeting. A page li...
Monday, October 10, 2011
From The Secret Daily Teachings
Your body is exactly like a movie projector, and the film running
through the projector is all of your thoughts and feelings. Everything you see
on the screen of your life is what has been projected from within you, and is
what you have put into the film.
By choosing higher thoughts and feelings you can change what you
see on the screen at any time. You have complete control of what goes into your
film!
May the joy be with you,
Rhonda Byrne
The Secret... bringing joy to billions
Thursday, September 22, 2011
Sunday, September 11, 2011
The 48 Hour Solicitation Ban and the Power of Words meet up in Florida's Supreme Court
Yesterday, the Florida Supreme Court heard oral arguments in Jeffery H. Atwater v. Frederick W. Kortum. Ourprior posts detailed this case as it made its way through trial and the First District Court of Appeals. But if you are not yet acquainted with the case, the “48 hour rule” restricted public adjusters from soliciting insureds for 48 hours after a loss. Fred Kortum argued the ban violated his commercial free speech under Article I, § 4, of the Florida Constitution. The Supreme Court heard from both sides.
Attorney Michael Davidson represented Florida's CFO, Jeff Atwater, who now stands in the shoes of Alex Sink in this case. Public Adjuster Kortum was represented by Wilbur Brewton.
When the video of the oral arguments becomes available, we will update the post, but until then, here are some interesting quotes from the proceedings provided by Janet Zink of the St. Petersburg Times Tallahassee Bureau.
"The problem you have here is 'initiate contact' seems to be rather broad. I don't understand your argument, that it doesn't encompass these written communications," said Chief Justice Charles Canady. "I'm missing your point."
When Davidson tried to explain the intent of the statute, Justice Canady and Justice Pariente expressed frustration with the way the law was written.
"That's great you didn't mean it, but we've got to deal with what's said," Pariente said. "It's the 'initiate contact.' That's to me the problem."She questioned the motivation for the legislation, noting that some people who hired adjusters to help with their hurricane claims received 750 percent more on claims than those who didn't."It seems to me it's the insurance industry saying we don't want adjusters there because we want to do our thing," Pariente said.Wilbur Brewton, the attorney for Kortum, seized on Pariente's remark."It's insurance companies that are the issue," he said.The first 48 hours after a disaster, such as a fire or hurricane, are critical because cleanup attempts can affect claims."It's hard to understand the rules," he said. "Those are the most important times for a policyholder to have the service of a public adjuster. We're not bad guys."Commercial speech, whether it's face to face, on the phone or through a written document, is protected by the First Amendment, he argued.Davidson countered that laws limiting solicitation by attorneys, who are schooled in the art of persuasion, have stood up to constitutional questions."The only difference between a lawyer and adjuster is the lawyer has no fee cap. The public adjuster does," he said.Pariente responded: "Then we ought to encourage them. I'm going to get one next time. It does sound like they are doing a very important service."
And yes, you read that right, the Honorable Justice Pariente gave kudos to public adjusters and said she would hire a public adjuster the next time she has a claim.
The data referenced in the case about the 750% increase in claim payments originates from the OPPAGA report. To learn more about OPPAGA report, check out my post, Public Adjusters and Sinkhole Claims, or read the report in its entirety here.
Rest assured, as soon as a decision is issued in this case, we will provide the opinion
Monday, September 5, 2011
From The Secret Daily Teachings
No person or power in the outside world can compare to the power
you have within you. Seek the power within, as it knows the perfect way for
you.
May the joy be with you,
Rhonda Byrne
The Secret... bringing joy to billions
Monday, August 29, 2011
From The Secret Daily Teachings
When you find your purpose, it is like your heart has been set alight with passion. You know it absolutely, without any doubt.
May the joy be with you,
Rhonda Byrne
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