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- ✨ FC&S - The Adjuster’s Best Friend
Meet your new best friend: FC&S Expert Coverage Interpretation. Professional, first-party property insurance resources that can help you digitize your work, obtain a designation, get expert coverage interpretation, and much, much more. There are many truths within the insurance industry - one is that good faith and fair dealing is a requirement of any carrier; another is that ambiguities in a policy are construed in favor of the insured, and another is that knowledge is required of every insurance professional. The industry values knowledge highly, and multiple educational designations are available to professionals. Along with education, professional references are also important. FC&S Expert Coverage Interpretation began 93 years ago as Fire, Casualty, & Surety Bulletins (FC&S). In 1929, Edward J. Wolgemuth, founder of The National Underwriter Company, developed Fire, Casualty, & Surety Bulletins (FC&S) as a reference source for the property and casualty industry. It contained analysis of standard policies and one of the first features was the ability of subscribers to submit coverage questions for the editors to provide unbiased answers. Originally published in print form in large binders updated monthly, Fire, Casualty, & Surety Bulletins became known as FC&S Bulletins, and then as FC&S Expert Coverage Interpretation. The first electronic version of FC&S was developed in 1989, and the platform was most recently updated in 2019. FC&S provides multiple resources for insurance professionals, written by professionals with decades of experience. Within FC&S you’ll find analyses of the ISO policy forms, where policies are broken down and explained in depth. What do the definitions really mean? What is covered and excluded? Where are there exceptions to both coverages and exclusions? Likewise, as these policies are updated, the differences between policy editions are highlighted. These differences often change what coverage is available, making it easy to determine if the change made is a broadening or reduction of coverage, or simply a clarification of coverage intent. Copies of these forms are also available. There are discussions of broad insurance topics, such as what is collision within both commercial and personal auto policies, how a state insurance department works, and articles explaining credit scoring, autonomous vehicles, marijuana, e-cigarettes, drones and other emerging risks. Litigation is also a major issue within the industry, and there is a weekly article discussing a recent case involving insurance coverage. Likewise, there is a weekly fraud article that highlights someone recently caught trying to defraud an insurer. One of our most popular features is Ask the Experts. Subscribers may submit questions concerning coverages on any policy form. The editors will review the question and provide an unbiased, objective answer. Many subscribers use these answers when dealing with situations where they are unsure of coverage or when coverage has been denied. FC&S has been quoted in multiple court cases over the years as providing reliable coverage interpretation. What’s really interesting with the questions is how a slight variation in a claim scenario or a change in policy language can change the answer. Sometimes we get the same question, but it involves a different edition of the same policy. One of those answers agrees there is coverage, yet the other answer states there is no coverage. Both answers are correct based on the policy language involved. Many issues in insurance are governed by state statutes - claims handling requirements, data breach notification laws, condominium statutes, adjuster licensing statutes, matching statutes, and many more. FC&S provides interactive charts of these statutes for handy reference. Along with the charts, there are interactive checklists as well. The editors welcome suggestions for charts that users would find helpful. FC&S editors also provide webinars on a broad variety of topics; recordings of these webinars are now being stored on the site. FC&S prides itself on keeping up with, and staying ahead of, emerging issues. We started writing about autonomous vehicles a number of years ago before semi-autonomous vehicles were on the road. We started writing about car-sharing, ride-sharing, and home-sharing at the beginning of the gig economy and addressed the inherent insurance issues involved. We strive to provide the best content we can that helps our subscribers do their jobs, whether they’re agents, adjusters, underwriters, or in some other role. We look forward to welcoming you to our subscriber community! Christine About the author: With industry knowledge spanning 30 years, and as the managing Editor of FC&S Online, Christine is an experienced insurance professional specializing in personal lines, policy interpretation, underwriting, management, training, claims, systems development. An author of many professional publications, Christine regularly writes for Claims Magazine and National Underwriter Magazine, and regularly conducts and moderates webinars and other training. Her insurance coverage specialties include Homeowners, Dwelling Fire, Auto, Crime, and Emerging Risks.
- 🐕🦺 From the Field: Kentucky Floods, July-August 2022
⚠️Trigger Warning: a true story from United Survivors Disaster Relief, featuring canine cadaver search teams, and a resilient hound named Diane. Foreward This is the first feature of a new Claim Pulse™ blog series: From the Field, highlighting what property insurance policyholders and property insurance professionals experience before, during, and after property losses. For each installment, I handpick compelling, interesting, or educational stories. The humorous insurance commercials we see definitely provide some laughs and levity, but any victim of a property loss, and any professional that works within the property insurance claim industry is aware of the seriousness, and depth of property losses. More than just property are lost, and trauma for their victims may last many years to come. However, thanks to on-the-ground disaster volunteers like Doug Quinn and Heather Shapter of United Survivors Disaster Relief, the healing can begin sooner. Volunteers like these are often on the disaster scene before roads are cleared, before power is restored, and before insurance professionals like public, staff, and independent adjusters can even begin to assess damage for insured properties. While all disasters are challenging, the devastating Kentucky floods in the end of July, and beginning of August, 2022 were especially heartbreaking, as most residents affected did not have insurance to help them financially recover. Sadly, many people perished in the flood waters. Animals suffer in natural disasters and from property damage, too (in fact, some of the details of this story coincide with International National Dog Day). Please be warned that there may be triggering content within this article, as it contains the raw reality of many disaster victims: physical loss, emotional devastation, and death. However, this story also details resilience, the presence of an ever-loving spirit of charity across the United States, and healing. May the latter reside—and grow—in your heart, from reading this article. Be well, and always keep hope! The following are a "From the Field" contribution from Doug Quinn and Heather Shapter, of United Survivors Disaster Relief. August 9th, 2022 United Survivors Disaster Relief scouting trip to the flood zone. First flight in 3 weeks. #disasterrelief #nonprofit #flooding August 10th, 2022 I don’t know how ppl evacuate & leave their dog behind. It breaks my heart to think of this poor animal waiting patiently inside this destroyed house for her people to come back. The house had a distinct smell of death & I walked around to the front door to check for bodies & I saw her face in the darkness of the doorway. So glad we stopped. #animalrescue #AbandonedDog #disasterrelief #nonprofit #flooding August 12th, 2022 Home for a minute. Its only a minute, but I will spend it absorbing just how lucky I am. #gratitude #home August 18th, 2022 Body recovery, Eastern Kentucky: In the hollow where we are camped, these people are looking for their family member who was taken away by the flood & has been missing (now presumed dead) for 2 weeks. Her son was holding her hand but she was sucked into a whirlpool of raging floodwaters. The cadaver dog teams have been through here 4 times with no luck. This was once a field but now has been covered by 4+ feet of mud & debris, making the search all but impossible. You can see that the water filled search hole in the foreground is over 5 feet deep and still not down to ground level. Most People here had very little warning & had to quickly scramble to higher ground. Unfortunately, 39 people did not make it to safety in time. United Survivors Disaster Relief team is doing what we can to help the survivors, but the need is so overwhelming that it always feels like it’s not enough. We will do what we can. Thank you to our generous donors who make it possible for us to come into these situations & ease some degree of the suffering these people are going through. #flooding #nonprofit #DisasterRelief August 19th, 2022 While It may not look like it, this is someone’s home. Swept up by the flood waters and smashed into unrecognizable pieces. This is someone’s whole life… All of their belongings are gone. Most people could not afford flood insurance and have very little (if any) resources to fall back on. The creek that caused this kind of massive damage is usually no more than 6 inches deep and 3 feet across in this holler. On the night of the flooding rose 17 feet in some areas, wiping out whole communities. These families who had very little to begin with, will take years, if not decades to recover from this type of loss. #DisasterRelief #flooding #nonprofit #kentuckystrong August 20th, 2022 UPDATE ON DOG FOUND IN KY FLOOD WRECKAGE: We traveled back to check on her...still living in a destroyed house patiently waiting for her owner to return. Her name is Diane and along with a wellness check, we were able to give her a bath (pictures coming), and track down her owner. The owner has an incredible story that deserves its own post. Diane's sibling was swept away in the flood but somehow she survived. She is 13 years old and seems very healthy....just starved for affection, as you can see. The United Survivors Disaster Relief team had plenty of love to shower on this poor girl! Sometimes, that's the most important donation we can bring to a situation like this. #DisasterRelief #AnimalRescue #flooding #nonprofit #kentuckystrong August 22nd, 2022 BATHING DIANE: We did a wellness check on the dog we found sheltering in a destroyed house. She was well fed but starved for affection & filthy. When we pet her, big clouds of brown dirt would rise up from her fur. The challenge in every cat zone United Survivors Disaster Relief deploys to: how do you provide a sense of normalcy in the midst of chaos? There is no running water & no bathtub to give her the cleaning she desperately needs. In the end, we settled for a clear section of the debris choked creek & found a way to make it work. She was such a happy girl getting all that attention from us! #DisasterRelief #animalrescue #flooding #nonprofit #kentuckystrong August 22nd, 2022 This is a woman who should not be alive. Meet Miss Jeanne, the owner of Diane, the dog we’ve been posting about. United Survivors Disaster Relief & Anthony Delmedico's STORM VENTURES GROUP team were on a scouting mission in the Appalachian flood zone & found Diane when we checked this house for bodies… because of the isolated location of the house & washed out bridge, it did not seem possible that anyone could have escaped alive. After some investigation we were able to track down Miss Jeanne and hear her terrifying story. Miss Jeanne is a 75 year old handicapped woman who was all alone the night raging floodwaters picked up her house and pushed it 500 feet down stream. She laid in a hospital bed in her living room in complete darkness as the water rose inside her house & it drifted away. I’ve lived through being in a dark house as flood waters rushed in, but I was able-bodied & could escape: I can’t begin to imagine what it must’ve been like as a 75-year-old with a cane who can barely walk. That feeling of being trapped in complete darkness with the water swirling around inside & the whole house being pushed to God knows where. You can see in the pictures what the chaos inside her house looks like. We see many houses in the flood zone that have been pushed off their foundation… In most cases they were rushed down stream until they hit a single tree which would cut thru the house like a knife and then it would shatter into unrecognizable pieces. If you're still in the house, you're dead. The next day, her family came up the holler for the grim task of collecting her body...but they found Miss Jeanne alive, still sitting in her hospital bed. She was saved because her house was caught by 3 trees positioned perfectly in a row so that the structure didn’t shatter. She had been talking about cutting down those trees for 10 years and had actually paid someone to come do it, but they never showed up. We spent some time with Miss Jeanne before we left Kentucky. Although she survived the flood, she has a very long road ahead to get back home. she could not afford flood insurance and as an elderly widow, has very little resources to help her & her dog Diane recover from losing everything & get back home. We witness tragedies in disaster zones all over the country, but this one is particularly heartbreaking. As we’ve discussed in previous disasters, it’s one thing to lose everything you own when you’re young and have decades of income producing years to recover, but to be 75 years old and have everything you’ve worked your whole life for wiped out in an instant, is devastating & permanent. Miss Jeanne will spend the last phase of her life trying to cope with this tragedy. I know from personal experience that it will consume, and likely shorten, her life. Imagine if this was your mother or grandmother. #DisasterRelief #flooding #nonprofit #kentuckystrong - Doug Quinn and Heather Shapter Thank you for reading! If you would like to assist the recovery efforts, your tax deductible donation to United Survivors Disaster Relief can be made here: Every little bit helps. More Resources: Learn more about United Survivors Disaster Relief Prepare your pets for disaster Property claim resources Support for disaster victims
- ⛈️ Stop Shopping for Weather
Meteorologist Daniel Schreiber, CCM, shares his thoughts on finding accurate weather data for first-party property claims, and mistakes to avoid. Stop shopping for weather. Stop it. Yes. Weather Shopping. It’s what we all do when we want the weather to work out for us—whether it be something in the future, like a fishing trip or ball game, or for the past, like an insurance claim. We shop around till we find the favorable weather info that suits us best. In my early years as a meteorologist, I worked with military pilots. Pilots want to fly. When they can’t fly due to bad weather, they aren’t happy. Some pilots even shop around trying to find some good news weather-wise that allows them to fly, even when the majority of the weather source indicate otherwise. That’s dangerous, and I always discouraged it. But the same can be said about the insurance industry. When weather 'shopping' goes wrong Here, historical weather info often makes or breaks a claim, often worth millions of dollars. Naturally, the temptation is there—for both insurance carrier, and policyholder, representatives—to go weather shopping for whatever works best for a particular position. This is also dangerous. I’ve worked over one hundred insurance claims and lawsuits just this year alone, some for carriers and their affiliates, and some for policyholders and their affiliates. It is extremely common for me to consult on a case for the policyholder and must simply explain that the weather that was hoped for by the policyholder’s team did not occur. This happens at least once to twice a week. Remember, I’m not an advocate for either side. I’m an unbiased scientist. This may be a tough thing for some professionals to swallow: I very rarely ever come across an issue working for carriers when I tell them there was bad weather that supports the claim at hand. They may argue about the price, or the damage, but not the weather. I’m just the weatherman. My experience is that carriers trust an actual meteorologist—especially one that tells the tough truth. Most of the issues I see with carriers, weather-speaking, is when they don’t use a meteorologist. Ironically, that’s same issue that I see with the policyholder’s side. In fact, I notice more issues with policyholder representatives not accepting unfavorable weather advice than I do carrier representatives. Interestingly, I’ve even witnessed some lawsuits that are setting precedent in various states with weather information that is clearly incorrect. The lawsuit probably would have never even been filed if both sides of the aisle had simply picked up the phone and dialed a certified meteorologist. We’re talking multi-million-dollar claims, and incorrect weather that has gone unchecked by an actual professional meteorologist, on both sides. My point: At the shopping mall, you can find all sorts of different types and brands of whatever you want. On the internet, you can find all sorts of different weather information in different styles and formats for whatever you want. You can shop all day long, and undoubtedly, you will find something that suits your position. And, chances are, the insurance company will do the same for theirs. So, what did you accomplish, really? Nothing. Carriers won’t trust your “weather report” anymore than you trust theirs. The key: don’t confuse a “weather report” with “weather expertise”. There is a reason that the former is so cheap. It won’t be cheap after spending tens of thousands of dollars fighting a claim based on the wrong data that can’t even defend itself. This is because these cheap, automated reports are largely built around weather algorithms—some which are outdated, untested, or otherwise contested (or “trade secret”, so who knows?)—and often do not indicate anything about the ground-truth weather. Suggestions, on how to find better data I could write a book about how inaccurate some of the most popular “weather reports” used by Public Adjusters are—but I won’t. It would be hideous. I’ve started to personally doubt the legal system from some the craziness I’ve seen in the courts based on trusting these reports. You would probably begin to doubt every claim you’ve submitted, and every lawsuit every filed. So, instead, let’s look optimistically to the future: I recommend first to review data from the National Weather Service (NOAA/NWS), including the Storm Events Database (about a 3-4 month lag) and the NWS Storm Prediction Center Storm Reports (real-time, and historical). This is ground-truth data. The exact locations aren’t always perfect, but you get a good idea of storms dates and the wind/hail caliber, if they were observed. It’s not perfect, but it is solid data from the authoritative meteorological source in the US. And yes, you may have to speak with a meteorologist. It may cost a little bit. But you’ll get a solid answer from an educated professional—preferably one qualified as an expert witness, if need be. Why? Public Adjusters are valuable to the industry because they understand how insurance policies work. The same is true about meteorologists—we’re the experts in the weather which may (or may not) have caused the peril resulting in the insurance claim. If you’re looking for recommendations, I think that the company Hail Trace is one of the best affordable options. But ask to speak with a meteorologist, don’t just use their automated “algorithm” products—use the hand-analyzed stuff, and speak with them, if you can. For a more robust, but also more expensive option (including expert witness services), I highly recommend finding a meteorologist with “PhD” or “CCM” after their name. Unfortunately, there are a few “meteorologists” out there that (in my opinion) shouldn’t be (like any profession). A list of Certified Consulting Meteorologists (CCM’s) can be found at www.certifiedmeteorologists.org. Final thoughts In case you’re wondering—cheap, automated weather reports do have one advantage—they are an extremely affordable option to at least identifying potential dates in which storms occurred. My experience is that they miss a few (especially wind), and exaggerate most of what they do find, but for less than $50, what can you really expect? So next time you find yourself shopping for weather… Stop It! - Daniel About the author: Daniel Schreiber is American Meteorological Society Certified Consulting Meteorologist (CCM), one of only a very select few in the state of Texas and the Southern United States. Attorneys, insurance professionals, and other consultants from the insurance, aviation, transportation, emergency management, and energy industries routinely work with Daniel, regarding weather consulting and forensic meteorology investigations.
- 🎙 Podcast: Listen to This Bull
Join Mathew Mulholland, Remington Huggins, and Sarah Parker for hilarity, seriousness, a treatise on living a purposeful life, and a dose of property insurance. 🔴 Streamed live: February 8th, 2022 Topics Covered: 00:01 - Introductions and laughs, "For those of you that don't know better, Sarah Parker is probably the smartest woman I know." 04:51 - Our favorite things about property insurance, language, relationships, historic structures, and more 12:59 - Audience Q&A 22:04 - Compassion fatigue and vicarious trauma, experienced by first party property claim professionals (Trigger warning, 29:20-30:49) 43:52 - Sustainable motivation, perseverance, and purpose, "Welcome to my TED talk." 47:22 - Professional time management, techniques 51:53 - Coverage scenarios, claim and relationship management, "We are coordinating chaos here, ladies and gentlemen." Bonus Outro: We hope you enjoy! Listen to this Bull Exposing Bull in the Insurance Industry: https://listentothisbull.com/ The podcast is available on you favorite streaming platform! Apple Podcasts: shorturl.at/bkuP7 Spotify: shorturl.at/bpEMU Google Podcasts: shorturl.at/yAJY5 Amazon Music: shorturl.at/rxBX9 Connect with #L2TB: Facebook: https://facebook.com/listentothisbull/ Instagram: https://instagram.com/listentothisbull/ Linkedin: https://linkedin.com/company/listento TikTok: https://www.tiktok.com/@listentothisbull
- 🏆 The Secrets to Business Success, With SCORE Mentors
"Owning a business is too risky. Just get a good job." This is not necessarily bad advice. It just may not be the the right advice for every person. Most will agree that personal fulfillment lies in following ones passions and interests, whether this means hobbies outside of your 9-5, or your full-time work. Following your passion could mean nurturing and raising children, breeding monarch butterflies for release and research (yes, a colleague of mine does this), or the topic of this article: starting or owning a business. Looking at the dismal statistics and reports of how many small businesses fail within their first one to five years, along with the worldwide economic downturn from CoVID-19, you might exclaim, “Why would anyone start a business anyway? That seems so stressful. They should just get a good job and not take the risk.” While this is likely common consensus, these thoughts are not necessarily natural to individuals with the insatiable mental quirk described as entrepreneurialism. Entrepreneurs recognize that life, in itself, is risk (any public adjusters, attorneys, and other property insurance professionals reading this will understand this on a fundamental level, as well). While seemingly counterintuitive, the events of the past two years likely have entrepreneurs thinking, "How can I take my life into my own control? What do I need to do to make my dreams a reality? How can I help others and provide financial security for my family? Why wouldn't I go for it and take the risk at this point?" These thoughts lead us to the following: "What does it take to run a successful business?" That's quite the question, isn't it? Thankfully, if you are an aspiring, new, or current small business owner, the answer to this question involves some basic, universal principles and procedures that apply to all companies and industries. Even better, there is an army of over 13,000 trained volunteers that would love to guide, mentor, and counsel you on your business journey: SCORE Mentors. Before I opine further on this topic, let's take a trip back to the mid '90s. Far from hitting double digits in my age, I was running a multi-national concern that ran with precision, employing scores of happy, productive employees. At least, this is what was in my daydreams, as I colored at my play desk my mother had set up for me in her home office. It's no surprise that I've always loved business, growing up with the mother (and entrepreneurial family) that I did. I've had the fair fortune to grow up being involved in my mother's businesses, gaining valuable experience across many industries, and seeing what was possible with the bare ingredients of determination, fortitude, honesty, and a thirst for learning. While in grade school in Duluth, I got to observe my mother and her clients prepare for interviews in TV and radio stations. In junior high school in the Twin Cities, I got to help with cold-calling businesses for promotional items for giveaway bags. By high school, I was creating websites and graphic design for my mother's clients, eventually starting my first business at 16. Fast forward to 2016, I was a year or two into my start-up public insurance adjusting firm, Parker Public Adjusting. I thought I was completely prepared for this new business venture, based on my experience. Yet, as is true for the breadth of our lives, there was more for me to learn. That's when a friend told me about SCORE Mentors. SCORE has the largest network of free, volunteer small business mentors across the United States. Headquartered in Herndon, Virginia, with hundreds of local chapters throughout the country, SCORE strives to be the leading supporter of small business in the United States. They offer free, one-on-one coaching from a dedicated mentor in a related industry, various publications, and free or low-cost seminars and events that cover everything from marketing, to copyright and trademark basics, accounting and taxes, and much more. Ensuring a Prosperous Future for Individuals, Families, and our Economy by Giving Back One of the many things I love about SCORE is their strong sense of social responsibility and sharing knowledge, something I have always believed in and have built into the foundation of my company. Founded in 1964, SCORE gets its name from the organization's original title, ”Service Corp. of Retired Executives”. SCORE mentors possesses decades of business experience, paired with training to become “Counselors to America’s Small Business”. My SCORE mentor Bob, and the fantastic classes and resources from the organization have been a large part of making my business dreams a reality. In gratitude, I've had the opportunity to give back to SCORE, by speaking at my local SCORE chapter mentor's meetup about my experience with my mentor and the organization, being a panelist alongside other female entrepreneurs at SCORE Minnesota's "Recipe for Success, a Woman's Perspective", to most recently being invited to share my learning experience in SCORE Twin Cities’ Success Stories. Dream Big, but Don't Forget to Stick to the Business Basics As the last two years of worldwide chaos have illustrated, you can’t count on "a sure thing". It simply doesn't exist. Failure happens. Unexpected setbacks happen. However, what you can count on, are 365 days each year and limitless opportunities to try again until you do succeed. You can also count on the goodwill of other people — like the volunteers at SCORE — that want to help you achieve, if you are willing to put in the effort. If you are thinking about becoming a business owner, or if you currently have a business and your passion or processes are a bit stagnant, take these hard-earned tips to heart: Nurture your dream. Make it real. "Vision board" it. Daydream about it. Plan it. Research and learn about it. Obsess about it. Dare to believe that it's real and that you've already received it, before it even happens. Encourage others. Even if you are reading this and you think that you’re too far down the scales, too disadvantaged, or that your dream is too big to actually happen, know that anything is possible. While ”dreaming big” is important, this will not sustain a business on its own (nor your sanity), long term. Many entrepreneurs may experience burn-out after their initial business honeymoon phase, simply because of failure to act upon basic business principles with consistency, such as processes, planning, accounting, and competent management. This is where SCORE can help. If you are thinking of starting, or currently own a small business, I invite you to avoid the "burn out" and become an exception to the statistics: read about my experience working with SCORE, and my best tips for prospective or current business owners here. 💖 Wishing you the best of success, in all your endeavors,
- How to Destroy Consumer Protection: Iowa
"We've never seen this legislative effort to refine... Not even to refine; just to mutilate the appraisal process." - Caeden Tinklenberg ⚠️ Join Sarah Parker of Parker Public Adjusting and Caeden Tinklenberg of Swift Public Adjusters to learn how Iowa House File 2299 may affect you and other policyholders nationwide, what's at stake for consumer protections within the property insurance claim process, and what you can do to help! 📢 Contact Your Iowa Senator about Iowa HF 2299: Iowa policyholders (especially those that have experienced a positive and fair result from the insurance appraisal process), contact your Senator! Google search: "find your legislator Iowa." or visit https://www.legis.iowa.gov/legislators/find Once on the website, put in your address. This bill is past contacting your Representatives, so please write and call your Senators as soon as possible! 🤝🏻 Support Policyholder Advocacy Groups: United Policyholders: @uphelp American Policyholder Association: @theapassociation American Adjuster Association: @americanadjusterassociation 💡 Follow Parker Public Adjusting for all things first party property insurance: ClaimPulse Blog: ppaclaim.com/blog YouTube: youtube.com/channel/UCLFWR8XqAEU4a-vW_nEOhOA/ Facebook and Instagram: @ppaclaim LinkedIn: linkedin.com/companies/ppaclaim Thank you for watching,
- 🔥 New Emergency Regulation for Property Claims: Colorado
As of January 7th, 2022, a Colorado Division of Insurance Regulation came into effect to protect Homeowners with claims from catastrophic disasters. Table of Contents: About the Emergency Regulation Are businesses and other property owners covered, too? Resources for Colorado Policyholders About the Emergency Regulation With Colorado property owners fighting for recovery from wildfires from 2020-present, combined hazardous winter weather, building material shortages, and more, the Colorado Department of Insurance Commissioner issued a notice for the following: Emergency Regulation 22-E-01 CONCERNING TOLLING CERTAIN TIME LIMITS OF POLICYHOLDER BENEFITS IN THE EVENT OF A CATASTROPHIC DISASTER "The purpose of this emergency regulation is to protect homeowner policyholders who have suffered a loss during a catastrophic disaster, such as the 2020 Colorado East Troublesome Fire and the 2021 Marshall and Middle Fork Fires, from insurers that cause unreasonable delays in claim handling, which may further delay rebuilding property. Such delays may be further exacerbated by labor and material shortages. Further, this regulation identifies specific acts or practices that may constitute unfair claim settlement practices." In regards to tolling, a type of claim extension, the notice states: "In the event of a catastrophic disaster, where an insurer causes an unreasonable delay in the settlement of a claim, the insurer shall: 1. Toll the ALE time limits for the duration of the time required to repair or replace the damaged property. 2. Toll the policy time limits for the policyholder to complete the repair or replacement of the damaged part of the property necessary for issuance of the replacement cost value payment." View the full notice here. This order will not only be helpful to policyholders regarding Additional Living Expenses (ALE) benefits, but also for Replacement Cost Coverage benefits, allowing policyholders to recover something called Recoverable Depreciation. Recoverable Depreciation is typically paid after the property has been repaired or rebuilt, and has specified time limits in which a policyholder is eligible to recover these benefits. Recoverable Depreciation deadlines are often an issue in property claims, even without a catastrophic loss, or building material shortages, delays, and price increases. Shortages for building materials and the construction professionals needed to repair and rebuild properties are common in post-disaster areas, as a result of sudden and acute demand sapping material inventories and labor in the area. Price increases happen as well. Adding to this common occurrence, policyholders with open property insurance claims have experienced claim handling, settlement, and payment delays, and historic raw/building material shortages and supply chain issues, production backups, labor shortages, and price increases since 2020. All of this is a result of the worldwide COVID-19 pandemic. Read more: JS Held report - Empirical Productivity Impacts of the Novel Coronavirus A phrase used in the notice was "where an insurer causes an unreasonable delay in the settlement of a claim[...]". A good question is: who determines when an insurer has caused an unreasonable delay, and how is the tolling then enforced? Policyholders may want to reach out to the Colorado Department of Insurance or a Colorado-licensed first party property claims attorney to find that answer. Are Businesses and other Property Owners Covered, Too? It is important to note that this emergency regulation highlights Homeowners policy coverages. Other types of policyholders such as businesses, institutions, and commercial and industrial property owners also have a long road of recovery ahead, and many will likely experience property insurance claim delays, issues, or disputes. Overall, this Emergency Rule covers thousands of Colorado policyholders affected by wildfire losses, and is something to be celebrated. Resources for Colorado policyholders: Thank you, Commissioner Conway!
- 🥇 New Year: Putting Your Best Claim Forward
Professional claim management tips for public insurance adjusters. The start of a New Year is always a great time to start making resolutions and developing new habits. Making sure you are putting the best claim forward for your client is no exception! To do that, one of the first things you need to do is make sure you have the full policy of insurance. Without it, you truly don’t know what the requirements are for producing a proof of loss, giving notice, the timeframe for recovering depreciation, or filing suit, just to name a few. That isn’t to say you can’t immediately help your client if you don’t have the policy, but you should be making the request for the policy ASAP! Also, a great habit to start is to keep your own policy library of forms so you can compile a policy based on the declarations if needed! Once you have the policy, review the applicable provisions and make sure you diary the dates. Does the policy require that you produce a proof of loss within 60 days of the date or loss? Or does it require the same only if the insurer requests a proof? What about the suit limitation provision? This is a particularly important deadline and is often triggered from the date of loss, not the date of discovery of the loss. These dates are of the utmost importance as the failure to comply with them can have a detrimental impact on the claim. Making sure you are tracking the deadlines not only ensures that you are not missing deadlines, but it allows you to request an extension should it become necessary and/or inform your clients of the deadlines and discuss next steps which may be necessary such as hiring an attorney in a timely fashion. Perhaps one of the most important habits you can develop is supporting your clients’ claim upfront with proper documentation from complete estimates with ACV and RCV values, to photographs and invoices. The case of Christopherson v. American Strategic Insurance Corp., 2020 WL 5117991 (E.D. WI. Aug. 31, 2020) serves as a good reminder of this. While a more thorough review of the decision can be accessed here, the short take away is that the court granted summary judgment for the insurer finding that the insured had failed to produce evidence during the claims process that supported the claimed damages and incurred costs. Practically speaking, don’t wait for the insurer to make the request for the documentation or information. Be proactive on behalf of your client and present the full picture. Ultimately, this practice should allow for a faster and more accurate claims decision to be made. With the New Year just beginning it is a great time to set some new standards and work on presenting the best claim you can for both you and your client! Cheers to a great 2022! Christina About the author: For more than 15 years, Christina Phillips has dedicated her law practice to representing plaintiffs in insurance recovery and related litigation. Christina has represented policyholders in insurance disputes involving coverage matters, property, business income, lost rents, and bad faith disputes throughout the country. Her practice has included representing a wide range of insureds from single family homeowners, to condominiums, as well as corporate entities in claims involving hail, wind, hurricanes, fire, flood and collapse, among others. Christina has also successfully represented clients in broker negligence actions. Christina is licensed in Illinois, Minnesota, Wisconsin, Colorado and Washington, D.C., as well as a number of Federal Bars throughout the country.
- 🎙 Podcast: Commercial Claims Advocate
💎Update 1/8/22: Thank you for 800+ views on YouTube! Join Vince Perri, Sarah Parker, Brittany Alexander, Esq., and Yuly Ybarra Rodon on the Commercial Claims Advocate podcast: Multiple perspectives For the record, I had no part in choosing the title of the podcast; but, if the title is given... 👑 I had the opportunity to be a guest on Vince Perri, the Commercial Claims Advocate's podcast, along with attorney Brittany Alexander, and public adjuster Yuly Ybarra Rodon from South Florida. Located in different regions of the US, handling different types of first party property claims, and fulfilling different professional roles, we could each offer a different perspective when answering the questions Vince had for us regarding public insurance adjusting, mentorship, client and relationship management, professional education, and more. Among many questions, Vince asked each of us this: “Should more women become public insurance adjusters?” My thoughts? Any person who has a passion, enthusiasm, and the interest in a specific topic should consider it for a profession, or at least a hobby. With higher diversity of perspectives comes a higher probability of new or improved solutions and innovations. There are apparent differences in perspective and experience between every individual that I consider my colleague or mentor, even between those that might match up with similar demographics. I have always believed that whether someone is just like you, or nothing like you, you can learn something from them. Perhaps the narrative is this: no matter the ratio of men to women in the insurance industry, any person who actually enjoys talking about insurance should be able to work with their own kind. I’m certain that long-suffering spouses/partners, family, and friends of insurance professionals everywhere agree: Actual quote from a family member: "Ok, we've hit the limit today for talking about that insurance stuff." So, if you love learning about first party property insurance and business, enjoy the podcast! No matter who you are, I'm sure you'll learn something new from this entertaining and informative foray into all things public adjusting. Be well, Connect with us:
- 🛠 Labor Cannot Be Depreciated: Washington State
A hotly debated proposed rule under the Office of the Insurance Commissioner of Washington State was approved on November 12, 2021 and will go into effect on January 1, 2022. Table of Contents: 🚨 The Issue 📣 Opposition and Support ❗️ Why This Rule Matters to Policyholders in All US States and Territories Here is an excerpt from the official Rule Making Order, for the proposed and approved rule titled Prohibiting depreciation of labor on property claims (R 2021-04): The practice of depreciating labor costs on insurance payments for property damage claims floats a significant part of the labor repair costs to the consumer and their repair contractor, unfairly shifting a burden to the consumer during the repair process and likely against the principle of indemnity. [emphasis added] The Commissioner has seen a steady rise of policy forms that are writing this practice into their definition of Actual Cash Value. The Commissioner implemented rulemaking to prohibit the depreciation of labor on property claims." 🚨 The Issue Depreciation of labor when calculating Actual Cash Value of a property insurance claim has been subject to litigation and controversy for many years. The Office of the Insurance Commissioner of Washington State issued a warning to homeowners about this issue on June 30, 2021: Washington state Insurance Commissioner Mike Kreidler is taking steps to close a little-known loophole in homeowner insurance policies but encourages homeowners to check their policies in the meantime. As insurance industry regulation is primarily at state level, each state has been a battleground for this specific issue at both regulatory and civil levels. Where I am in Minnesota, Replacement Cost Value coverage is the norm for Homeowners policies, with the exception of a concerning trend of ACV-only coverage for roofing. While it is common in certain states to offer ACV-only coverage in varying situations for Homeowners policies (such as Texas), this trend was isolated, and is now expanding to states like mine. I will write about this newly emerging coverage threat for Homeowners at another time. 📣 Opposition and Support Back to the new rule in Washington state: the official Notice to Start Rulemaking was issued on June 22, 2021, which was open to Comments of opposition and support. ❌ The letters of opposition - many different reasons for opposition to the rule were cited. I will highlight two of them below. Skip to: Why This Ruling Matters to Policyholders in All US States and Territories ✉️ A joint statement by the National Association of Mutual Insurance Companies (NAMIC), the American Property Casualty Insurance Association (APCIA), and the NW Insurance Council (NWIC) stated these opposition points: 1) The proposed regulation exceeds the regulatory authority of the Office of the Insurance Commissioner (OIC) [...] 2) The proposed regulation could adversely impact affordability of insurance, and discourage consumers from repairing damaged property, i.e. being good personal risk managers. [...] 3) The proposed regulation is based upon inaccurate underwriting assumptions, which could adversely impact insurers’ ability to provide consumers with rates that properly reflect risk of loss exposure. ✉️ The insurer State Farm cited these points in a letter of opposition to the rule: 1. The Proposed Rule Will Provide a “Windfall” to Many Insureds. [...] 2. The Comment Letter Submitted by United Policyholders Misstates Historical Insurance Practices with Respect to Depreciation of Estimated Labor Costs. [...] State Farm has reviewed the comment letters submitted to date regarding the Proposed Rule and is concerned that the comment letter submitted by United Policyholders on July 15, 2021 (the “UP Letter”), presents an especially misleading picture of historical insurance practices. [...] 3. The Proposed Rule Does Not Account for State Farm’s Longstanding Practice of Releasing Depreciation Upon Submission of a Signed Repair Contract. ✅ Letters of support - below are some of the cited reasons from the letters of support, which were outnumbered by the letters of opposition. ✉️ Policyholder advocacy non-profit United Policyholders, which is celebrating its 30th year of service in 2021, submitted a letter of support that included these comments: Excessive and improper depreciation by insurance company adjusters is an all too common unfair claim practice that interferes with loss indemnification. [...] Specifically, when insurers reduce actual cash value claim payouts by depreciating labor, they are failing to meet their duty to indemnify insureds for a necessary cost of restoring insured assets to pre-loss condition. Improper depreciation of labor by insurance companies creates shortfalls in repair and rebuilding financing for property owners and negatively impacts the local, state, and federal government entities that have an interest in communities’ successful economic recovery and the restoration of property tax bases. [...] Insurance Consumers Have a Right to Know What Type of Insurance Coverage They Are Purchasing Approximately 50% of property insurance carriers depreciate labor in calculating ACV payments to their insureds, whereas the other 50% do not—yet, no carrier advertises on its website or in its marketing materials what labor depreciation is or how it operates to significantly lower claim payments. When shopping for homeowners’ coverage, then, how are consumers to know what type of ACV insurance they are considering purchasing? The answer to this fundamental question is clear and supports the proposed rulemaking here: because of the dramatic impact of withholding labor as depreciation—coupled with the diametrically opposed approaches to withholding labor within the homeowners’ insurance market, policyholders do not know what coverage they have purchased until after a claim arises. The clarity provided by R2021-04 ensures that policyholders will know precisely what they are buying in an insurance policy at the time they are purchasing it. ✉️ The Building Industry Association of Washington also submitted a letter of support for the rule, with these points and others: First, the proposed rule is good policy. At the heart of all insurance contracts is the concept of indemnity- that the insured should be made whole as is reasonably possible. While depreciation of an asset such as a residential or commercial structure is reasonable, easily ascertainable and part of the standard interpretation of the “actual cash value” in such contracts, recent efforts by the insurance industry nationwide to further reduce payments to insureds by depreciating of the labor costs completely undermines the core principle of indemnity. Put plainly, the insured is not made whole. [...] Second, courts in numerous states, including here in Washington, have not allowed depreciation of labor costs. The federal Eastern District of Kentucky for example, outlined the unfairness of such a policy, noting that “[t]he very idea of depreciating the value of labor defies good common society.” Bailey v. State Farm Fire & Cas. Co., No. CIV.A. 14-53-HRW, 2015 WL 1401640, at *8 (E.D. Ky. Mar. 25, 2015). The Court applied general principles of indemnity – “make the insured whole; give the insured what she had before the loss – nothing more; nothing less.” [...] Finally, trying to implement provisions of an insurance contract that limit recovery by depreciating labor costs results in practical difficulties. There will be significant delays in payments to contractors (since labor cannot likely be depreciated until conclusion of all work) and significant out-of-pocket costs to insureds that they may not be in a position to bear. ❗️ Why This Rule Matters to Policyholders in All US States and Territories While insurance regulation lies with each state, precedent and rulings from one state can affect adjacent states, as courts or legislature may look to their neighbors to study their stances on certain issues. Within each state, there different ways that claim payment calculation and coverage terms can be determined or assessed, including through individual policy language, case law, Insurance Commissioner rules, statutes, and private agreement between insurer and policyholder. The difference between these different methods include if they are binding or precedent, and if it applies to one policyholder or many. Rules and statutes are two of the most expansive and enforceable consumer protections available, making this ruling a "win" for policyholder advocacy. I believe that it is possible for policyholders to be afforded the protections they deserve, while affording insurers a regulatory framework that allows them to offer healthy and competitive market choices for consumers. United Policyholders stated this well in their letter supporting the rule, which I highlighted and linked in the previous section: UP recognizes and appreciates the extremely important role insurance companies play in modern society. Profitable and financially stable insurance companies promote a healthy society, allowing risk of loss to be spread widely and fairly. [emphasis added] When the system works, prompt and proper payment goes to those who have suffered life-altering catastrophes affecting their persons and property. Unfortunately, some insurance companies employ unfair business practices when adjusting claims in order to bolster their bottom line. [emphasis added] As a business owner, I wholly understand that insurance companies are operating a business, and that a business must have profit to remain in operation. I respect that. However, it is very possible - and the right thing - for a business maintain a profit while ethically providing services and products within regulatory framework that protects not just individual consumers, but our society as a whole. Thank you, Commissioner Kreidler,
- ⏳ The Clock is Ticking: 3 Common "180-Day" Homeowners Policy Deadlines
Why You Should Review Your Property Policies, Regularly If you miss a property insurance claim deadline, it could potentially cost you hundreds, up to tens of thousands of dollars or more to complete repairs! Why? Missing a policy deadline could lead to a full, or partial claim denial. I see a lot of policies as a licensed public insurance adjuster. I wrote this article to help you, as a policyholder, to learn that there are many different categories of policy deadlines and time limits, as well as triggers. The type of property policy you have can also affect these deadlines, such as Commercial, Homeowners, or Townhome Association/HOA policies. It’s a good idea to review your full policy at every renewal period, and at the beginning of any potential or filed claim. Most insurance companies suggest that policyholders review and assess their property coverages at least yearly as well! For this article, we will to focus on common Homeowners Replacement Cost Value policy provisions with limits of 180 days, for Coverage A - Dwelling. Three Common "180-Day" Policy Deadlines: 1️⃣ Reporting period: Increasingly common, this type of 180-day provision that I see typically requires you to report hail and/or wind losses, specifically, to your insurance company within 180 days from the Date of Loss. If your policy contains this provision, and you don’t report your hail or wind loss within the time specified, you may not be eligible for coverage if you make a claim. Now, if you miss a policy deadline such as this, there may be exceptions in certain cases. If your claim is denied in a situation like this, we may be able to help. In addition to reviewing your insurance coverages on a regular basis, it's a good idea to inspect your home or property at least once or twice yearly - Fall and Spring are good options - as well as after any severe weather events. Being aware of the condition of your home can help you spot repairs that you might want to make, whether any potential repairs involve a property claim or not. 2️⃣ Recoverable depreciation deadline: There are many different recoverable depreciation deadlines in property policies. They vary by state, insurance company, policy, type of policy, coverage form, and more. For time limits to complete repairs to your home to claim any applicable recoverable depreciation, 180 days in some form is the shortest deadline I've seen. The maximum time limits can go all the way up to your state's statutory deadline... There are even rare cases I've seen where the recoverable depreciation deadline can extend past statutory deadlines, specifically in the case of the last three provisions in the list below! If you have a 180-day recoverable depreciation deadline in your policy, you might see one of these variations: 180 days from the Date of Loss 180 days from the first Actual Cash Value payment 180 days from the last Actual Cash Value payment 180 days from the last Coverage A - Dwelling payment 180 days from the last claim payment (general, coverage form not specified) So many exciting options, yes? As with reporting deadlines, there may be exceptions to not being able to comply with recoverable depreciation deadlines. The good news is, we can help with claim extensions, too! However, once your claim passes it's statutory deadline, we cannot help. This type of deadline varies by state. If you have an active property claim, it's important to review your policy early in the claim. 3️⃣ Notification of intent: This type of provision typically states that you must notify your insurance company of your intent to repair or replace the property within 180 days from the Date of Loss, in order to be eligible to claim the recoverable deprecation after repairs are completed. This type of provision can be misinterpreted and misapplied. I have successfully overturned wrongful claim denials for policyholder clients when this provision was misapplied by their insurance company. If your claim has been denied and policy language similar to this was cited as the basis of the exclusion, you may want to get a second opinion! Not sure what any of this means? It's ok! Not everyone enjoys property insurance like I do. Parker Public Adjusting is here to help. As licensed public insurance adjusters, we work on behalf of policyholders to manage and reconcile property insurance claims. Contact us today for a no-obligation insurance claim or policy review: Be well,