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- Adjusting With Integrity, With David Herring & Sarah Parker―Critical Thinking, Technology, and Compassion in Property Insurance Claims
AI-Generated Summary Explore the multifaceted world of property insurance claims through the lens of Sarah Parker and David Herring. Learn how technology, empathy, and critical thinking are revolutionizing the industry. Dive into their unique approaches, ethical practices, and the powerful intersection of tech and humanity in handling insurance claims. Discover practical insights and heartwarming stories that showcase the human side of this profession. Embracing Versatility in Public Adjusting In a recent discussion, Sarah, a seasoned public adjuster, claims and CE/CLE educator, highlighted the multifaceted nature of adjusting. Known for her technological expertise, business and process focuses, and commitment to advocacy, Sarah’s journey is marked by a blend of interests and experiences that go beyond traditional adjusting. Her involvement in teaching, writing, and volunteering underscores her dedication to the field, and to the public. Technology and Public Adjusting Sarah’s unique perspective on technology stems from her early challenges with the limitations of the traditional education system, which she overcame with lifelong self-study, and by learning to code at 14. This foundation in technology has been instrumental in her approach to public adjusting. She and David emphasize that technology should enhance, not replace, critical thinking. By automating mundane tasks, adjusters can focus more on strategic decision-making. The Importance of Perspective and Critical Thinking Sarah's success as a public adjuster is deeply rooted in her ability to understand and communicate diverse perspectives, in addition to technical skills. This skill is vital in an industry often marked by conflict and stress. She advocates for a critical thinking approach, where understanding others' viewpoints and maintaining clear, empathetic communication are key. “They [the other adjuster] are your teammate, and together you're trying to uncover a truth.” ― Sarah Parker Addressing the Human Side of Claims The conversation also touched on the emotional toll of handling claims. Sarah highlighted the importance of recognizing vicarious trauma and compassion fatigue, common among adjusters dealing with clients in distress. By acknowledging these challenges and fostering a supportive environment, professionals can better manage their well-being and continue to serve effectively. “You can kick before you hug, you can hug and not kick, but you definitely need to hug after you kick.” ― David Herring David’s Perspective and Expertise David, another experienced insurance adjuster, umpire, and estimator, shared his insights during the discussion. Known for his ethical approach and extensive knowledge of the industry, David has a unique way of handling claims. He emphasized the importance of honest communication and the need for adjusters to understand and manage their emotional responses. David’s approach involves building trust and collaboration with all parties involved, ensuring that claims are handled fairly and efficiently. Collaboration and Mutual Respect Both Sarah and David advocate for a collaborative approach in claims adjusting, viewing all industry stakeholders as colleagues working towards a common goal. They stress the need for mutual respect and understanding, breaking down the adversarial dynamics that often arise in claims processing. Conclusion Sarah and David's stories are testaments to the diverse skill set and compassionate mindset required in public adjusting. Their integration of technology, commitment to education, and emphasis on critical thinking and empathy make them standout figures in the field. For those looking to thrive in public adjusting, their multifaceted approach offers valuable insights into balancing technical proficiency with human-centric service. Get in touch with David Herring Connect with David on LinkedIn David's YouTube Channel David on TikTok David on Instagram WriteLoss Estimating Services Get in touch with Sarah Parker Connect with Sarah on LinkedIn (you must be logged in to see Sarah's profile) Sarah on TikTok Sarah on Instagram Parker Public Adjusting Kuva Media
- 🔎Regulatory Focus: The Crucial Role of the NAIC’s Innovation, Cybersecurity, and Technology Committee (and Sub-Committees)
Discover why this NAIC committee (and its subcommittees) handles key issues like AI and cybersecurity, and why it matters for consumers. 🔑 KEY CONCEPTS Committee Focus―The NAIC's Innovation, Cybersecurity, and Technology Committee addresses critical issues related to emerging technologies, cybersecurity threats, and data privacy within the insurance industry. Subcommittees―These include the Cybersecurity Task Force, Big Data Working Group, AI Working Group, Innovation and Technology Task Force, and Privacy Protections Working Group, each focusing on specific technological and regulatory challenges. Emerging Issues―The committee influences evolving state regulations, related to all things technology, where it intersects with the insurance industry. Public Participation―While NAIC meetings are generally closed to the public, participation is possible through select nonprofit organizations and trade associations that have access to these meetings. What is the NAIC? The National Association of Insurance Commissioners (NAIC) is a U.S. organization that establishes standards and regulatory support for the insurance industry. It comprises insurance commissioners from all 50 states, the District of Columbia, and U.S. territories. These commissioners regulate the insurance industry within their jurisdictions, ensuring consumer protection, with market stability. What Are NAIC Committees? NAIC committees, such as the Innovation, Cybersecurity, and Technology (H) Committee, are essential for developing the NAIC's suggested state insurance regulatory policies and practices. These committees consist of state insurance regulators and other stakeholders who collaborate to address industry challenges. Since the NAIC is a private, non-governmental organization, public participation is very limited, even though this organization often sets the standards and model acts for regulatory matters in the insurance industry. I'll cover that later in the article, but let's get back to the unique, and poignant Committee of focus: The Innovation, Cybersecurity, and Technology Committee focuses on emerging technologies, cybersecurity threats, and data privacy. The committee's work includes developing best practices, model laws, and regulatory guidance to protect consumers and ensure the insurance industry's resilience. With the seemingly constant issues of data breaches, AI-enabled fraud and criminal acts, and newly emerging lawsuits against insurers using algorithms to make claim decisions, this committee's work is of the utmost importance. Thankfully, the NAIC's Innovation, Cybersecurity, and Technology Committee has sub-committees with specific focuses on all of these issues. Subcommittees of the NAIC Innovation, Cybersecurity, and Technology Committee Cybersecurity Task Force―Focuses on developing and updating model laws, regulations, and guidelines related to cybersecurity. They monitor emerging threats and provide best practices for insurers to protect sensitive data. Big Data Working Group―Analyzes the implications of big data in the insurance industry, including the use of data analytics, predictive modeling, and AI. They aim to ensure data usage complies with privacy laws and ethical standards. Artificial Intelligence (AI) Working Group―Evaluates the use of AI in insurance, addressing issues like algorithmic fairness, transparency, and accountability. This group ensures that AI applications enhance efficiency without compromising consumer protection. Innovation and Technology Task Force―Monitors technological advancements such as blockchain, IoT, and mobile technology. They assess how these innovations can be integrated into insurance practices while ensuring regulatory compliance. Privacy Protections Working Group―Focuses on drafting and revising privacy laws to protect consumer data. They track legislative developments and ensure that insurers adhere to evolving privacy regulations Participation and Access to Information While NAIC meetings are generally closed to the public, participation is possible through a few select nonprofit organizations (like national policyholder advocacy nonprofit, United Policyholders), trade associations (for regulators, insurance industry personnel, or adjusters), or other entities that may have access to these meetings. Engaging with or supporting these few organizations is crucial, as they represent balance by introducing consumer protection voices and professional perspectives within regulatory discussions. Accessing information about NAIC committees and their work can be done through the NAIC website, where reports, model laws, and regulatory updates are available. Active involvement ensures that stakeholders stay informed and contribute to shaping the regulatory landscape. Importance of the Innovation, Cybersecurity, and Technology Committee The committee addresses critical and emerging issues, ensuring that the insurance industry can adapt to technological advancements while maintaining robust consumer protections. Below, I'll list just a few insurance industry issues that are related to the committee's, and sub-committees' focuses: Mobile Claim Inspections―Mobile technology has revolutionizing property damage claim inspections since the insurance industry's 2020 push, but this brings significant transparency and consumer protection challenges. Artificial Intelligence (AI) Liability Risks―The Air Canada chatbot case underscores the risks of AI in customer interactions. Properly managing these risks is essential to avoid liability issues. Many users of AI are not aware that AI can―and often does―hallucinate. Hallucinate means: makes stuff up. Yeah. Most people don't know that all AI models do this, albeit at varying frequency and severity. 😳 Remember the lawyers that were sanctioned, for using ChatGPT to write to write their briefs submitted to the court? Well, they were victims of AI hallucination, as ChatGPT made up case law that didn't exist, and they didn't bother to verify that the cases existed. Be sure to catch up on your Digital Literacy, before using AI tools. Algorithmic Decisions in Insurance―Prominent healthcare insurer Cigna received two 2023 class action lawsuits over their algorithmic claim denials, using a program called PXDX, highlights the need for regulatory oversight to ensure fairness and transparency in AI usage. State Privacy Legislation―Evolving state privacy laws require constant monitoring and adaptation to ensure compliance and protect consumer data, which of course relates to the insurance industry. Insurance companies are purportedly large buyers of consumer data, including data purchased from their vehicles (car manufacturers are one of the biggest data harvesters and brokers selling this data, when it comes to any smart vehicle, which is most currently manufactured). Each state's existing, evolving, and upcoming privacy laws are all different, so it makes protecting consumers a bit more challenging. Many state privacy laws have such high thresholds, that many businesses may not meet them, and government and nonprofit bodies are often exempt from privacy laws (these are not the same as data protection laws, which all organizations typically must adhere to, in most states). Lack of uniformity of state privacy laws are just one unique issue. Data Breach Management―Data breaches are so common now, that states like Florida are introducing Cybersecurity Immunity Laws. How common are data breaches right now? So common, that data breaches affect so many large businesses and government bodies, that it's hard to keep track of. Use of, and accessibility to of AI and other technology by criminals and bad actors, is a large reason. While this may all seem overwhelmingly alarming, there is hope. With the NAIC's Innovation, Cybersecurity, and Technology Committee on the watch, they can help to ensure that the insurance industry can safely navigate technological innovations, while protecting consumer data, consumer rights and protections, and complying with evolving regulatory requirements. Engaging with this committee, directly or through related organizations that collaborate with the NAIC, is essential for supporting and staying updated on critical regulatory developments. If you found this article insightful, please share with a colleague who needs to know! Be sure to subscribe to get education about regulatory and consumer protection insurance matters, and soon insurance history, that you won't find anywhere else. ✌🏽 Be well,
- 🏘️Catch UP on Roof Damage and Insurance Claims with Sarah Parker & United Policyholders
"Roof facets", and "interfering trades" aren't real. Explore concerning roof insurance claim trends with Sarah Parker, Public Adjuster. Learn about active participation, adjuster roles, and strategies for navigating policy specifics to ensure fair claims handling. Table of Contents Key Concepts AI Summary Get Claim Help 🔑Key Concepts Active Participation—Property owners should actively engage in the insurance claims process to ensure fair handling. Understanding Policies as Contracts—Recognizing the insurance policy as a binding contract is crucial for effective claims management. Role of Adjusters—Understanding the roles of different types of adjusters (staff and independent) who assess roof damage. Documentation—The importance of thorough documentation and possibly hiring independent experts to ensure comprehensive damage assessment. Consumer Complaints on the Rise—Increased scrutiny and limitations by insurance companies have led to a rise in consumer complaints. Matching Exclusions—Challenges with insurance companies covering the costs to match undamaged parts of the roof for aesthetic consistency. Insurance Strategy Adjustments—As claim frequencies increase, insurance companies strategically impose more restrictions to minimize payouts. New phrases of concern to watch out for: Roof Facets, Interfering Trades Navigating Policy Specifics—Importance of knowing the details of one's insurance policy to understand coverage limits and exclusions. AI Summary: In the latest installment of the "Catch UP" series with policyholder advocacy nonprofit United Policyholders' director, Amy Bach, Public Adjuster Sarah Parker offers her expert insights into navigating the increasingly complex landscape of roof damage and insurance claims. Based in Minnesota but attuned to national trends, Sarah delves into common challenges faced by property owners nationwide, when filing claims for roof damage. Amy and Sarah emphasize the importance of active participation in the claims process, suggesting that property owners understand their insurance policies are binding contracts that require careful consideration. Sarah highlights typical procedures following a claim, such as the involvement of insurance adjusters and the potential benefits of hiring independent experts or contractors to ensure thorough documentation and assessment. The discussion also covers recent (and concerning) trends in insurance practices, including the increased scrutiny and limitations insurance companies are placing on roof damage claims. Amy points out the rising consumer complaints and the insurance industry's strategic adjustments in response to higher claim frequencies, which often complicate the claims process for homeowners. Sarah further explores specific issues such as matching exclusions and the importance of ensuring that repairs restore the roof to its pre-loss condition, not just in functionality but also in appearance, to maintain property value. She also touches on the critical nature of understanding policy specifics, as variations can significantly impact coverage. The conversation provides a deep dive into how insurance companies manage claims and the strategies they employ to limit payouts, offering valuable insights and advice to homeowners to help them navigate their claims more effectively. With Sarah's expertise, viewers gain a better understanding of the nuances of insurance claims and how to advocate for fair treatment under their policies. Need help with a commercial, HOA, or residential property claim? Sarah Parker and Parker Public Adjusting are here to help:
- 📜Regulatory Focus: Understanding the National Association of Insurance Commissioners and Its Role in Insurance Regulation
Learn about the NAIC, its role in insurance regulation, and the importance of insurance commissioners in protecting consumers and ensuring market stability. Discover how the NAIC influences state insurance laws and the industry experience many commissioners bring to their roles. 🔑Key Concepts The NAIC is a U.S. organization setting standards and providing regulatory support for the insurance industry. The NAIC is comprised of insurance commissioners from all states, D.C., and U.S. territories. A non-profit organization that influences state insurance regulations through recommendations. Insurance Commissioners oversee insurance companies, ensuring fair, affordable, and reliable products. Most commissioners come from the insurance industry, offering valuable insights. What is the NAIC? The National Association of Insurance Commissioners (NAIC) is a U.S. organization that establishes standards and regulatory support for the insurance industry. It comprises insurance commissioners from all 50 states, the District of Columbia, and U.S. territories. These commissioners regulate the insurance industry within their jurisdictions, ensuring consumer protection, with market stability. Is the NAIC a Government Body? The National Association of Insurance Commissioners (NAIC) is not a government body. It is a non-profit organization that comprises the chief insurance regulators from all 50 states, the District of Columbia, and U.S. territories. The NAIC provides a vibrant forum for the development of uniform policy (for when uniformity is appropriate. Since insurance is regulated state-by-state, and each state may have its own considerations and challenges, and NAIC Model Acts may be modified by each state if considered, accordingly). It also supports state regulators in their efforts to protect consumers and ensure a fair and competitive insurance market. While the NAIC itself does not have regulatory power, its recommendations and model laws are often adopted by individual states, thereby influencing insurance regulation nationwide. What are Insurance Commissioners? Insurance commissioners serve the public by overseeing insurance companies, licensing agents and some types of adjusters, and enforcing state insurance laws. They ensure that insurance products are fair, affordable, and reliable, safeguarding consumers from fraud and abuse. Insurance Commissioners oversee all types of insurance, including health, and property and casualty (the latter of which, is the focus of this blog and article). Industry Experience of Commissioners Many insurance commissioners come from the insurance industry, providing them with valuable insights and a deep understanding of industry practices and challenges. This experience helps them create balanced regulations that protect consumers while allowing the industry to thrive. Why This Knowledge Matters The NAIC plays a crucial role in the U.S. insurance industry by setting standards and providing regulatory support through a collaborative network of state insurance commissioners. Although it is not a government body, its influence on state regulations ensures consumer protection and market stability. The industry experience of many commissioners further enhances their ability to oversee and regulate the industry effectively. Engaging with the NAIC's initiatives and understanding its role is essential for stakeholders in the insurance market. Subscribe for more in this educational series!
- 🚗Your Vehicle Could Be Collecting & Selling Your Data to Insurance Companies (or, Recording You Naked in Your Garage)
Every time you connect your smart phone, or press the gas pedal, your smart vehicle records data like your contacts, text messages, call logs, and driving speed. Every time you speak, your vehicle could be recording your conversations. And cameras? Yes, those too. Read more to find out where the data goes, who profits from it, and how car manufacturers are pushing back against your right to privacy. 🔑 Key Concepts: Every time you connect your smart phone to your vehicle, use your gas or brake pedals, or even speak in your vehicle (with on-board listening AI that you can't turn off), your vehicle records and collects data. And some vehicles' cameras are recording data as well. Purportedly, that data is sold by automakers to data brokers. Data brokers sell that data to anyone that wants to buy it. Insurance companies can buy this information—or get it direct from "safe driving" discount programs—and link it to individual policyholders. This has resulted in rate increases for some policyholders. And lastly, data collection through vehicles are essentially impossible for consumers to opt-out of, so there are massive consumer privacy and protection concerns. While car manufacturers are fighting against consumers' right to privacy, domestic abuse victims (through unsecured and uncontrollable car data, which can offer tracking for an abuser) are the only reason meaningful efforts are underway to change things. With all the uproar about AI and cybersecurity, funny but pervasive memes about the end of the world thanks to a fictitious-but-possible Skynet, Clearview AI selling our facial data scraped from the internet to law enforcement and insurance companies, and so on, the more practical tech and privacy headlines that affect us get lost in the mix. One of those practical headlines that gets missed, is this, from the New York Times: Automakers Are Sharing Consumers' Driving Behavior With Insurance Companies So, what does this mean exactly, why would you care, and what can you do about it? I'll cover all three. First Up: What does this mean? It means: Every time you connect your smart phone to your vehicle, use your gas or brake pedals, or even speak in your vehicle (with on-board listening AI that you can't turn off), your vehicle records and collects data. And some vehicles' cameras are recording data as well. Purportedly, that data is sold by automakers to data brokers. Data brokers sell that data to anyone that wants to buy it. And lastly, it's essentially impossible for consumers to opt-out of. In September 2023, the non profit Mozilla Foundation did a privacy audit of the largest car manufacturers, and published their somber findings to evidence this. Here are some excerpts: It’s Official: Cars Are the Worst Product Category We Have Ever Reviewed for Privacy [...] Ah, the wind in your hair, the open road ahead, and not a care in the world… except all the trackers, cameras, microphones, and sensors capturing your every move. Ugh. Modern cars are a privacy nightmare. And they, go on to expand upon the following points: The car brands we researched are terrible at privacy and security [...] 1. They collect too much personal data (all of them) 2. Most (84%) share or sell your data 3. Most (92%) give drivers little to no control over their personal data 4. We couldn’t confirm whether any of them meet our Minimum Security Standards Why Would You Care? I guess, you don't have to care. However, if you value your privacy (including not being recorded naked in your own home by your car. Yes, I'll cover that), then this article is for you. If a consumer is fully aware of what they are signing up for, in plain language, and has a clear opt-out that's one thing. But, on the tech side, we've already covered that vehicles are currently the worst-scored technology for privacy practices, so we can see that neither of these conditions are being met. If you hook up your phone to your vehicle, it copies texts, contacts, and other data from your device. And much more data is collected, from other sources. Even your vehicle's cameras (outside) could be recording and collecting data. Tesla employees were found to be sharing private images and videos recorded by Tesla vehicles, including a man naked in his garage. Even if data stays within a company, how can you trust how the information is handled within a company? On the insurance side, data brokers have been selling that data to insurance companies. Is that a bad thing? Again: only if the consumer is not fully aware, and can't opt-out. Technically speaking, there are two ways to opt-out, but it will either break your vehicle's ability to be used (covered below), or you can't even buy insurance or receive some critical services or commodities (covered later in the article). So, practically speaking, you cannot opt-out. According to Mozilla Foundation's report, you can opt-out, but it might take away main functionality of your vehicle in some cases: However, “if you no longer wish for us to collect vehicle data or any other data from your Tesla vehicle, please contact us to deactivate connectivity. Please note, certain advanced features such as over-the-air updates, remote services, and interactivity with mobile applications and in-car features such as location search, Internet radio, voice commands, and web browser functionality rely on such connectivity. If you choose to opt out of vehicle data collection (with the exception of in-car Data Sharing preferences), we will not be able to know or notify you of issues applicable to your vehicle in real time. This may result in your vehicle suffering from reduced functionality, serious damage, or inoperability." TESLA'S CUSTOMER PRIVACY NOTICE https://www.tesla.com/legal/privacy And with future vehicles needing to have a mandatory Drowsiness Detection System (including mandatory in-car breathalyzers for every new vehicle, starting 2027) as part of an effort to increase road safety, the concern for privacy intrudes even further. In this type of system (or retrofitted device), it's designed to alert you when it detects signs of drowsiness or inattention, will further collect, process, and potentially share sensitive information about your driving patterns and behaviors. This move, while purportedly beneficial for safety, opens up another avenue for data collection and privacy concerns. And, there are issues with accuracy of algorithms used in such technology, including DDS systems thinking people of Asian descent are asleep or drowsy, simply because of the natural shape of their eyes. I will avail you of data collection and privacy, technology dataset bias concerns (no, this does not mean 'bias' as in topics about ethic tensions, but rather scientific dataset bias), and the intricate web of beneficiaries (including insurance companies) of this technology, in another article. What Can You Do About It? At the moment, the options for maintaining privacy while enjoying the benefits of modern automotive technology seem limited. Besides not driving a vehicle manufactured after a certain year and avoiding the use of smartphones entirely, there are a few steps you can take to safeguard your privacy as much as possible: Read the Fine Print. Before using in-car technology, carefully review the privacy policies of both your vehicle and any connected apps to understand what data is being collected and how it will be used. Use Limited Connectivity Options. If possible, use only necessary connectivity options that do not require you to share sensitive information. If your vehicle has an audio jack, you might try that (while obeying your state's regulations for safe use of cell phones while driving, of course). Advocate for Transparency and Control. Support initiatives and legislation that push for greater transparency from automakers about data collection and for laws that allow consumers more control over their data. The most recent legislative wins (not wins yet, but federal legislative bodies are finally looking at it) are related to allowing for control over data, to protect domestic abuse victims from abusers that use tracking ability built into many modern smart vehicles. Opting Out of LexisNexis Reporting Data. This can possibly bar you from being able to purchase insurance, but I will detail this below, either way. LexisNexis Risk Solutions is indeed a data brokerage giant that amasses and sells consumer data for various purposes, including to insurance companies. Opting out of LexisNexis's data collection—except for publicly available data—can be a step toward protecting your privacy. However, it's essential to understand the implications. According to Lexis Nexis: "Please understand that by opting out, you may experience future difficulty using online systems for such things as instant identity and insurance verification." Insurance companies and agents often use products from Lexis Nexis, in many areas of operations, sales, claims, and underwriting. As such, by limiting your information collected, that could affect some aspects of your property insurance. For those looking to dive deeper into what LexisNexis collects and how you can opt out, their Privacy Center provides information. It's an opportunity to understand the scope of their data collection and how it influences various aspects of your life, from insurance premiums to background checks. Here is the Lexis Nexis opt-out form, and additional information. Last Thoughts The intertwining of technology and privacy continues to be a complex issue, especially as vehicles become more advanced. While the benefits of these advancements are undeniable, the cost to personal privacy cannot be overlooked. As consumers, staying informed and advocating for our rights is crucial in navigating this evolving landscape. Remember, your voice matters in the push for a balance between innovation and privacy. ❤️ Be well and stay positive!
- 🌱The Growing Field of Cannabis Insurance (Pun Intended)
Disclaimer: This article is not sponsored, nor prompted. I'm simply sharing of my own volition, to do my part in supporting attracting the best talent to the insurance industry at large, considering the current talent crisis. There’s always something new to learn every day, and withing property insurance, there's certainly no exception! There's a relatively new P&C avenue that is rapidly gaining momentum—cannabis insurance. As more and more state-specific legislation and rulemaking in the United States pave the way for a regulated, commercial cannabis industry, property insurance has followed. Announced earlier in 2023, there is now a certification for professionals interested in this P&C insurance topic. ALM (the parent company of National Underwriter's FC&S, and PropertyCasualty360) released a new designation: CISC (Cannabis Insurance Coverage Specialist). Now, I'm not a cannabis user. However, it's been really neat to see how the insurance industry has responded to each state's common-sense and thoughtful legalization, with offering insuring products that never existed before. With the resulting standardization that has led the way for enforced safety and quality standards for growing and storage of the crop itself, and new opportunities for everyday consumers that may need it for medical reasons (or responsible recreation where lawful), there are now legitimate businesses that need to be insured! Adjusters, appraisers, attorneys, and expert witnesses that handle commercial cannabis losses might consider getting the CISC designation from ALM. Cannabis Insurance Coverage Specialist (CISC) Designation For those looking to take their expertise in cannabis insurance to the next level, there’s exciting news. ALM, the global leader in specialized industry news and information, has now introduced a CISC (Cannabis Insurance Coverage Specialist) designation. Earning the CISC designation demonstrates your proficiency in understanding the specific risks, regulations, and coverage requirements associated with the cannabis industry. It’s a valuable credential that can open doors to new opportunities and establish you as a trusted expert in this emerging market. Another Chapter, in The Fascinating History of Insurance The property and casualty insurance industry has a rich and storied history that spans centuries (well, thousands of years, technically). The emergence of cannabis insurance represents just one more chapter in this captivating narrative. As the cannabis industry continues to evolve and mature, insurance professionals have an opportunity to be part of its growth. By staying informed and leveraging resources like National Underwriter’s FC&S Expert Coverage Interpretation, you can position yourself as a trusted advisor in the exciting world of cannabis insurance. FC&S offers comprehensive insights and knowledge to get you up-to-speed on all things cannabis insurance. To thrive in the (truly, shockingly, excitingly, and frustratingly) dynamic field of property insurance, staying informed, connecting with experts, and pursuing specialized designations like CISC are steps to consider to stay ahead. Enjoy your week,
- 🔓Digital Illiteracy and Data Privacy Issues Within Property Insurance, Part One: Vendors
In the first installment of this exploration into digital illiteracy within the property insurance sector, we delve into a subtle yet pervasive issue: the unseen risks of data privacy breaches in outsourcing practices and marketplace platforms. Unfortunately, in researching this article, I found a large batch of Xactimate estimates with policyholder claim data open to the internet. I'll cover this later in the article, and what it has to do with something called digital literacy. As professionals in this field—including public adjusters, contractors, and independent adjusters (IAs)—increasingly turn to 3rd-parties on generalized online platforms like Fiverr, UpWork, or industry-specific vendors for efficiency in tasks such as generating Xactimate estimates, this challenge is quietly surfacing. This challenge is not born from malice or negligence, but rather from a gap in digital literacy. Ok, What Is Digital Literacy? The American Library Association (ALA)'s webpage for digital literacy resources state: "Like information literacy, digital literacy requires skills in locating and using information and in critical thinking. Beyond that, however, digital literacy involves knowing digital tools and using them in communicative, collaborative ways through social engagement. ALA’s Digital Literacy Task Force defines digital literacy as “the ability to use information and communication technologies to find, evaluate, create, and communicate information, requiring both cognitive and technical skills.” Digital literacy matters, because some of the most common cybersecurity issues can stem from careless handling of personal data, not knowing how different software and digital solutions work, sharing admin credentials insecurely, and not knowing about how to avoid basic phishing and social engineering attacks. Because navigating the web of different data privacy laws (13+ US states have them now, including some with additional data breach reporting requirements, which I'll cover in another article), the digital realm now requires more than just a cursory understanding. It demands a nuanced, informed approach to handling sensitive information. Data Breaches Only Happen From Brute-Force Hacking... Right? Nope. Not always. A lot of data breaches happen due to human error, and exposed credentials, which can be picked up by basic credential scrapers. And, while Government entities and insurance companies are larger targets for bad actors, small businesses and professionals must take the same care and diligence to protect their clients' information. With data breaches becoming so common that we see headlines almost every day, and cybercriminals armed with new technology, it's clear that no one in the property insurance sector is immune, including state departments of insurance: Insurance companies: and first-party property insurance claim professionals—which we'll focus on in a moment—but first: Are We Resigned to “C’est La Vie”, or, Can We Do Something? The remedy to this situation (for the property insurance industry, at least) lies in enhancing digital literacy among insurance professionals. I know of insurance adjuster colleagues that still use mainly physical files for their operations, which doesn't sound like a such a bad idea at the moment. Maybe they shouldn't change a thing! However, for those of us that are firmly set-in, or easing into digital operations and claim management, we must look closer and address the digital literacy gap. This includes a thorough vetting of third-party service providers and a keen understanding of the privacy settings in online platforms. Digital Illiteracy and Accidental Data Leaks In researching the topic of this article series, I stumbled upon some Xactimate estimates open to the internet, via reviews left on Fiverr, for Xactimate estimating gigs. I found these through regular Google searches. Across multiple listings, I found sensitive information within the reviews, like: claim and policy numbers first and last names loss addresses business names and addresses, EINs phone numbers email addresses and more The Xactimates were for losses across the United States, including Texas, California, Minnesota, Rhode Island, New Jersey, Georgia, Virginia, Montana, Michigan, Washington D.C., Arkansas, Ohio, Massachusetts, Maryland, Louisiana, New York, Kentucky, Indiana, Florida, Pennsylvania, and even Ontario, Canada. After investigating to figure out how this may have happened, I believe it's not the fault of the providers of the Xactimate estimating gigs, but rather simply due to a default sharing setting on the platform when leaving reviews. Looking at the Help Center, it appears that when leaving a review, the default setting is to include a copy of the deliverable for other buyers to view. In order to avoid that, these professionals would have to be aware of Fiverr's unique website settings, and uncheck that option before posting their review. This is just one example of digital illiteracy and its role in data breaches. EXAMPLES OF THE EXPOSED XACTIMATES: I blurred the sensitive data from the images in the gallery below for privacy within this article, but they are completely unredacted on Fiverr: If a data breach like this occurs by accident in a public space like a Fiverr review, immediate action is probably a good idea. You can probably contact Fiverr support to remove any sensitive data from the review, while maintaining the integrity of the professional's review. The digital revolution in property insurance is plentiful with opportunities, but also rife with risks that demand our attention and action. Is Outsourcing Bad, or Good? As with most business tools, the concept of outsourcing for businesses is neither good, nor bad. How, when, where, and with whom you outsource to, can determine risks and possible issues with legality (for which, your attorney in your state will certainly be the best person to consult with about topics like this). When it comes to estimating property losses, specifically, many professionals in the first-party property claims space may outsource some or all of their estimating. That is not necessarily a bad thing... At the same time, data privacy must be considered. (An aside: those prices for the estimating gigs in Fiverr were the lowest I've ever seen. I would probably never use Fiverr for that service, but who knows? They could be good at what they do. Just be careful out there!) 🔑KEY CONCEPTS: Vet who you outsource to Know the technology you use Be aware of your regulatory and privacy requirements Resources, for The Concerned First-Party Property Claims Professional: Digital Literacy Basics and Resources, American Library Association Data Breach Response: A Guide for Business, United States Federal Trade Commission The ABA Cybersecurity Handbook: A Resource for Attorneys, Law Firms, and Business Professionals, Third Edition, The American Bar Association (Bonus: Four Tips to Avoid Cyber Insurance Coverage for a Data Breach; sorry ABA members only. Therefore, I'm not allowed access to read it, but the title looks good) For the nerds: 2022's Joint Cybersecurity Advisory, multiple agencies, including the US Cybersecurity and Infrastructure Security Agency I hope this is helpful! Be sure to subscribe to the blog. This is only part one of a series you won't want to miss. ✌🏾Be well,
- 💸Liberty Mutual to Refund $7.7 Million in Consent Order: What Minnesota Policyholders Need to Know
In a recent turn of events, the Minnesota Department of Commerce and Liberty Mutual, one of the giants in the insurance industry, have come to a consensus that will see policyholders benefiting from a massive refund. Let's break down the key details of this consent order and what it means for consumers. Disclaimer: This summary article is based on available information and is meant for informational purposes only. It is always advisable to consult official documents or seek professional advice for comprehensive insights. Background The Minnesota Department of Commerce initiated an investigation into Liberty Mutual and several of its subsidiaries operating in Minnesota. The findings of the investigation revealed several alleged violations of state insurance regulations. Consequently, a consent order was agreed upon, without the insurance company admitting to any wrongdoing. The Companies in Question The proceedings focused on the following companies: Liberty Mutual Insurance Company Liberty Mutual Personal Insurance Company Liberty Mutual General Insurance Company LM Insurance Corporation Safeco Insurance Company of Indiana Key Violations Highlighted Antitheft Protection Device Discount: It was alleged that Liberty Mutual did not provide the requisite discounts for antitheft protection devices related to auto insurance. This oversight led to refunds and credits worth over $2.27 million to 53,604 policyholders, averaging about $42.41 per individual. Discrimination based on Residential Status: The company allegedly considered an applicant's status as a residential tenant when offering multi-policy discounts, especially when bundling auto and homeowners' insurance. This resulted in an estimated $2.7 million in refunds and credits to 7,700 policyholders, averaging $350.65 each. Automated Rate Increase: The insurance company reportedly applied automated rate increases contrary to state laws. As a result, refunds and credits worth about $2.1 million will be issued to approximately 11,800 current policyholders (averaging $177.96 each) and $670,000 to 8,700 former policyholders (averaging $77.01 each). The Outcome As part of the consent order: Liberty Mutual has agreed to refund approximately $7.7 million to a total of 86,506 policyholders. This refund will be in the form of credits, premium reductions, or direct refunds. An additional civil penalty of $150,000 was imposed on Liberty Mutual. However, this penalty will be stayed (not paid) provided Liberty Mutual adheres to all terms of the consent order. What This Means for Consumers For Minnesota policyholders, this action reinforces the commitment of state departments to ensure fairness and transparency in the insurance industry. Consumers are encouraged to be aware of the state-specific rights they are entitled to. Understanding the Inclusion of Multiple Companies in the Liberty Mutual Consent Order Liberty Mutual is a household name in the insurance industry, but for those unfamiliar with the inner workings of such large corporations, the inclusion of multiple company names in the recent consent order with the Minnesota Department of Commerce might be a bit puzzling! Let's delve into why multiple companies were named, even though Liberty Mutual is the primary entity in focus: 1. The Structure of Large Corporations Large corporations often operate through a complex network of subsidiaries, affiliates, and sister companies. These structures allow companies to manage risk, cater to specific markets, or comply with specific regional regulations. In the case of insurance, different subsidiaries might handle different types of insurance products or serve different geographic areas. 2. Liberty Mutual and its Subsidiaries For each of the five named companies, while operating under the broader "Liberty Mutual" umbrella, is distinct in terms of its operational focus, regulatory compliance requirements, and business strategies. 3. Regulatory Oversight and Compliance When a state regulatory body, like the Minnesota Department of Commerce, conducts investigations or takes actions, they need to specify which legal entities are involved. If a violation occurred in a product or policy managed by a subsidiary, it's essential to name that subsidiary to ensure clarity and legal precision. 4. Implications Each subsidiary or affiliate is its own entity, with its own tax IDs, insurance licenses, and corporate responsibilities. If a subsidiary violates a regulation, it's that specific entity (and not necessarily the parent company) that might face penalties, even if the parent company ends up paying those penalties. 5. Branding vs. Operation To the general public, they might only see a main trade name as the brand offering their insurance policy. However, behind the scenes, the specific terms of their policy, the rates they're offered, and the regulatory compliance behind that policy might be managed by a subsidiary. The naming of multiple companies in such orders underscores the complexity of large corporations and the regulatory landscape they navigate. With each state having its own regulations, managing these can get complex! It's a testament to the thoroughness of regulatory bodies in ensuring that every entity, regardless of its relationship with a parent company, remains compliant with the law. For consumers, it's a reminder that the brand name they're familiar with might represent a web of interconnected companies working together to provide their services. Closing Thoughts Such events underline the significance of regulatory oversight to ensure that both consumers and providers benefit from a transparent and fair system! For a more detailed look into the Minnesota Department of Commerce consent order, click here.
- PIH Podcast: The Secrets of Niche Marketing, Property Insurance, & More: A Conversation with Sarah
From the Premier Insurance Housing (PIH) Podcast, with Host Caleb Owens, Episode #7: Guest Sarah Parker of Parker Public Adjusting, and Kuva Media In PIH Podcast's latest podcast episode, we had the pleasure of hosting the multi-talented Sarah Parker, a woman who has turned challenges into opportunities and has carved her own path in the world of entrepreneurship. THE POSSIBILITIES ARE ENDLESS Sarah's journey is one of self-discovery and determination. Growing up in a media agency owned her mother, she was inspired early on to forge her own path. She chose to skip college, a decision that was not taken lightly, but was driven by her belief in practical experience and her entrepreneurial spirit. THERE ISN'T ONE ROAD TO SUCCESS Her story is a testament to the fact that there are multiple paths to success. In a world where a college degree is often seen as a prerequisite for a successful career, Sarah challenges this notion. She shares her experiences with corporate giants like Target Corporation, discussing their hiring practices, operational costs, and the value they place on formal education. LET THEM SAY 'NO' One of the most powerful takeaways from our conversation with Sarah was her perspective on rejection. She views every "no" as a motivator, a push to try something different, to innovate, and to persevere. This mindset has fueled her success and led to the creation of her own venture, Parker Public Adjusting, and later Kuva Media. YOU, HAVE UNTAPPED POTENTIAL Sarah also shared her insights on the untapped potential of the average person. She believes that people are much more intelligent and creative than they realize, and she encourages everyone to tap into their innate abilities to solve problems and think creatively. BE INSPIRED, AND TAKE ACTION Our conversation with Sarah Parker is a must-listen for anyone seeking inspiration and motivation in their entrepreneurial journey. Tune in to explore the power of intelligence and creativity in business, and learn how you can turn challenges into opportunities. In addition to our enlightening podcast episodes, we at Premier Insurance Housing (PIH) are here to serve you with policyholders' needs for ALE housing solutions. For more information or to request our services:
- 📖 True Claim Stories™️: Property Claim Denials and Delays Can Happen...
Ever heard of some outrageous and entertaining real-life examples of insurance claims gone awry? While many, many policyholders each year have a smooth claims experience, some might face unexpected challenges. That's where Parker Public Adjusting® steps in to help, exclusively for #Minnesota #policyholders. As an industry-leading public adjusting firm, we specialize in property insurance claim management, dispute resolution, and advocacy for policyholders, serving #HOAs and #TownhomeAssociations, businesses, and commercial and private property owners in Minnesota. Check out our latest video on YouTube, where we bring you a satirical yet true look at why many of our past and current clients choose to work with us. We hope you never need us, but we're here if you do.® Please Note: While we would like to highlight a claim issue that we see often, for the benefit of helping policyholders to become #informedconsumers, it's also important to note that: → Not all property claims are underpaid or wrongfully denied. Be wary of any public adjuster that asserts such → Coverage for a property claim is determined by your policy language, first and foremost, and property policies do not cover every type of loss. It's important to read your policy → When it comes to dispute resolution, hiring a public insurance adjuster is only one possible resolution option, and is not required → If you need legal advice, connect with an attorney that specializes in first-party property claims. While public adjusters can be an effective resolution route for many policyholders, and can review and interpret policies (in most states) and assist with a property claim, we are not attorneys and cannot give legal advice → If you do approach a public insurance adjuster for a second opinion, United Policyholders (UP) has some great tips on questions you might ask a public adjuster. Watch the video on YouTube: https://youtu.be/4REzS5NbB7A #TrueClaimStories #PropertyInsurance #ClaimDenials #ClaimDelays #ParkerPublicAdjusting #MinnesotaPublicAdjuster
- 🎧 Podcast: Listen to This Bull 🐂 With Guests: Tom Sulzmann of Loveland Innovations & Sarah Parker
Reposted with permission, from Listen to This Bull. Thomas Sulzman with Loveland Innovations and Sarah Parker with Parker Public Adjusting and Kuva Media join us to discuss the future of claims involving drone, tech and AI! Thanks for joining us for another episode of LISTEN TO THIS BULL: "Exposing Bull in the Insurance Industry" https://listentothisbull.com/ ────────────────── LISTEN TO THIS BULL is available on your favorite streaming platform!: ▻Apple Podcasts: shorturl.at/bkuP7 ▻Spotify: shorturl.at/bpEMU ▻Google Podcasts: shorturl.at/yAJY5 ▻Amazon Music: shorturl.at/rxBX9 ────────────────── Check out our social media content! ▻Facebook: https://facebook.com/listentothisbull/ ▻Instagram: https://instagram.com/listentothisbull/ ▻Linkedin: https://linkedin.com/company/listento... ▻TikTok: https://tiktok.com/@listentothisbull ────────────────── ***Listen to this BULL is intended to educate Contractors, Property Owners, Public Adjusters and Attorneys on the "BULL" they might encounter in an insurance claim. Often people feel like they have no options when going up against the colossus insurance companies but we are here to prove that you DO HAVE OPTIONS! Listen to this Bull is not intended to give legal advice. Please seek the advice of an attorney before acting on any information provided by this video or any opinions offered by Mathew Mulholland, Remington Huggins, or any of Listen to this Bull’s guests. All rights reserved.
- 🌴 Trees: Property Claims, Personal Injury, and Wrongful Death
Confronting tree-related property damage, personal injury, or wrongful death can be challenging, particularly when considering the often-overlooked role of forensic arborists. In this guide, discover their vital contributions in assessing liability and resolving claims, while gaining insights on expert tree analysis, insurance policies, and practical steps for navigating these incidents. Disclaimer: The information contained in this article is for general informational purposes only and is not intended as legal or insurance advice. The opinions and advice expressed in this article are those of the author and not necessarily those of any organizations or entities the author may be affiliated with. The information provided in this article should not be used as a substitute for professional legal or insurance advice. If you have specific legal or insurance questions, please consult a licensed professional in your area. The creator of that famous line “I think I shall never see a poem lovely as a tree” clearly did not manage insurance claims involving property damage, personal injury, or wrongful death. Matters can go from confused to frantic in no time. Trees conjure up significant confusion as adjusters, attorneys, and courts struggle to grasp who owned the tree, was there a duty to inspect, how did the tree fail, could the failure have been prevented, and were there signs and symptoms of impending failure in the before situation of the failure? Some level of risk must be accepted to experience the benefits that trees provide. We deal with risk, which is the combination of the likelihood of an event and the severity of the potential consequences. To that end comes duty, which is defined by the courts. There is a greater duty to inspect with more people and fewer trees than more trees and fewer people. In most matters, the duty of care to inspect falls upon the owner of the tree. As to ownership of the tree(s), the rule in all states is that a tree whose trunk stands wholly on the land of one person belongs to that person. If a trunk straddles the land of two or more people, it usually belongs to all those property owners. Some states assign ownership as a percentage represented by the portion of the encroaching trunk across property lines. When an incident occurs causing damages or worse, a safe base to touch blames the failure of the tree or tree part on an Act of God, the definition of which rises to an extremely focused result. Many times, the tree had a pre-existing condition that would have ended with the same result of failure absence the Act of God. A forensic study of the failure may result in the identification of the original causation of the failure. Back to duty. Weather conditions are central to claims. If not an Act of God, weather plays a key role for both parties in a dispute. A meteorologist must strongly be considered in seeking resolution. Only a meteorologist can opine on weather conditions at the time and location of the incident. An attempt to save money by considering other resources of weather conditions is a bad investment. Extreme weather events occur infrequently. The Beaufort scale categorizing a level 9 has a wind velocity of 47-54 mph. Tree failures, in part or in whole below this level, are sometimes associated with pre-existing defects or other conditions that affect stability. Pre-existing conditions associated with tree failure must be open and obvious to an assessor looking for defects in a tree – the duty to inspect. The American National Standards Institute, ANSI A 300, Part 9, Tree Risk Assessment lists 3 categories of inspection to determine risk. A Level I inspection is relegated to large populations of trees and is accomplished by a “windshield” inspection, a walk-by, or a fly-over. The assessor is looking for obvious defects in the trees such as death or decline. A level II inspection is the standard assessment performed by arborists in response to a client’s request for a tree-risk assessment. It requires that the tree-risk assessor walk completely around the tree, looking at the site, the buttress roots, trunk, and branches. A level III or advanced assessment provides detailed information about specific tree parts and is typically conducted in conjunction with or after a level II inspection. Specialized equipment is used in the analysis. Apart from true Acts of God, a tree failure typically doesn’t just occur; there is a reason or a cause for the failure. The reason or cause may speak to duty. The location of the tree influences the level of duty. Trees located in remote areas are not held to the standard of duty as their companions growing in urban areas with multiple targets of people or property. Recall: more people and fewer trees… Causation of tree failure may be daunting; however, the mystique associated with tree failure is not. The rules of negligence apply to trees as they do in any other category of incident. —Joe About the Author: Joe Samnik is a consulting forensic arborist, an expert educated in the analysis of woody plants and other flora used as legal proof in judicial proceedings. By using his expertise in tree biology, growth, and identification, he is able to ascertain the age, condition, and context of trees that are involved in criminal or legal matters. He has been established for 57 years and is a recognized expert witness in small claims, civil, criminal, eminent domain, and federal courts of law. He has been named as an expert in over 1,250 litigation assignments and has appraised over $300 million of value in those assignments. Joe was also the past president of the Association of Eminent Domain Professionals and is licensed by the Bureau of Entomology, Department of Agriculture and Consumer Services. He is also the founding president of the International Society of Arboriculture (ISA), Florida Chapter and has presented at over 100 regional, state, national, and international conferences. His formula for appraising trees became part of Rule Chapter 1440 of the Florida statutes.
- 🥂 A Toast to 30 Years of Advocacy: United Policyholders
Celebrating the non-profit protecting and advocating for property policyholders like you, nationwide. Table of Contents: 1991: a flier reads, "Community Meeting for Fire Victims" "The time is always right to do what is right" Browse UP's Celebration Gallery 1991: a flier reads, "Community Meeting for Fire Victims" United Policyholders (UP) was created to fill a need that most property policyholders are not aware of until disaster strikes: the ensuing fight with some insurance companies that choose to wrongfully deny, delay, and underpay policyholders' claims when they are needed the most. Founders Amy Bach and Ina Delong hosted UP's first community meeting for the victims of the 1991 Oakland Firestorm in Berkeley, California. UP stepped in to help these policyholders start the long recovery process, which included filing insurance claims to begin the rebuilding process for homes, businesses, and institutions. Illustrating the need for their work, some of these fire victims were still fighting for coverage with their insurance companies 20 years later. Fast forward 30 years from their first policyholder outreach in 1991, UP Executive Director Amy Bach reflected last month on how far UP has come, where it's going, and the selfless contributions of countless volunteers, donors, and partners: "As another challenging year draws to an end, I could not be more proud of our accomplishments or more grateful to our donors and volunteers. In our 30th year of service, UP continues to score wins for consumers, help people solve financially crippling insurance problems and field a team of expert volunteers and staff that work hard every day to hold insurers to their promises. Through our new and improved website and COVID-adapted Roadmap to Recovery operations in catastrophe-impacted regions, UP is helping thousands of people and businesses across the nation avoid and resolve stressful insurance problems. Our accomplishments are made possible with support from our generous donors, sponsors and powerful partners. Current partners include Fannie Mae, Financial Planning Associations, RCRC, State Insurance Regulators, Legislators and Community and other Foundations. As consumers deal with the impact of the higher premiums and coverage reductions that insurers are putting into place in response to climate change, UP is working to put limits in place to preserve essential protections and reasonable pricing." "The time is always right to do what is right" Echoing this quote from Dr. Martin Luther King, Jr., UP's many programs include their Roadmap to Recovery™ program, which most recently mobilized to assist disaster victims of the devastating December 2021 tornadoes that tore through Kentucky and surrounding states. A few of their other resources include their Roadmap to Preparedness program, State by State help, and their Advocacy and Action program, through which they have filed over 550 amicus briefs nationwide to assist in case law decisions that set precedent to protect policyholders. Going into the New Year, we hope that you all will keep United Policyholders in your plans for your charitable contributions - whether that means a $20 donation to help a volunteer assist a family in need face-to-face, or a $1,000+ sponsorship to cover UP's programs for a year - to help them as they've faithfully helped you, your neighbors, and our country, for over 30 years. Browse UP's Celebration Gallery To compliment the beautiful article that Mark Dillman, Esq. of Merlin Law Group (having previously worked for UP) wrote highlighting UP's 30 years of service, we've curated a gallery to celebrate and really bring home just how much of an impact this organization has had: ✨ Thank you, UP, and Happy New Year!
- ⚠️ Anti-Public Insurance Adjuster Clauses BANNED: Louisiana
On January 24, 2022, James J. Donelon, Commissioner of the Louisiana Department of Insurance, issued a directive barring insurers from use of specific language in property insurance policies. Table of Contents: Background on the Issue The Directive Lessons Background on the Issue Select insurers in specific states have started to add language in property insurance policies that prohibit the policyholder - their client - from using the services of a public insurance adjuster. From the limited public information available on the matter, this trend seems to have originated as early as 2010, in Florida. A public insurance adjuster is a type of professional that a policyholder can choose to hire to assist them with a property claim. The National Association of Public Insurance Adjusters (NAPIA) provides additional details about what public insurance adjusters do: Public Adjusters are experts on property loss adjustment who are retained by policyholders to assist in preparing, filing and adjusting insurance claims. Employed exclusively by a policyholder who has sustained an insured loss, these professionals manage every detail of the claim, working closely with the insured to provide the most equitable and prompt settlement possible. A public adjuster [...] exclusively serves the client, not the insurance company. That's an interesting description, considering many policyholders assume the insurance adjuster assigned to their claim by their insurance company works for them. They do not. I feel that national policyholder advocacy non-profit United Policyholders explains this well: Insurance adjusters work for the insurance company and are responsible for preparing an estimate of the cost of repair or replacement of the insured’s property loss. Not all adjusters are bad; however, following a major loss event like a major earthquake or wildfire, they may be over-stretched or just plain in over their head. This problem is exacerbated by the need to bring outside adjusters into an area to meet the extraordinary quantity of claims. Generally, for a major event, adjusters may be hired on a contract basis, and even though they are there on behalf of the carrier, they may not be totally up to speed on the insurance companies’ client relationship philosophies and may not deal with you exactly like the seasoned but gentle actor playing the role on the TV commercial. My point, is that a policyholder should be aware that if they do not actively participate in the documentation, valuation, and adjustment of their claim - or hire a professional to assist them - they are by default wholly relying on the insurance company to unilaterally document, value, and decide coverage and payment amount(s) for the policyholders' claim. Considering this information, when a move is taken by an insurer to block a policyholder from free choice of hiring a professional to assist them, what does this illustrate about the power dynamic and policyholder experience within the property insurance claim process? The Directive Louisiana Attorney Nick Graphia brought this directive (dated January 24, 2022) banning anti-public adjuster clauses to my attention today. Here is an excerpt: "It has come to the attention of the Louisiana Department of Insurance that some insurers are attempting to prohibit the use of public adjusters by insureds in their policy provisions by endorsements to their policies. The anti-public adjuster clauses attempt to prohibit insureds from hiring, engaging, retaining, contracting with, or otherwise utilizing the services of a public adjuster. The prohibition contained in these endorsements or any other policy provision directly contravenes La. R.S. 22: 1704(E)(2), which grants insureds the right to hire a public adjuster." Many Louisiana policyholders experienced delays, denials, and other mishandling of their claims from insurers, in the aftermath of Hurricane Ida. Thankfully, this new directive pairs well with consumer protections enacted in Louisiana in 2021: Insurance Reform Bill HB591 (now ACT 345) Insurance Reform Bill HB457 (now ACT 402) Click here to read more about these acts, courtesy of the American Adjuster Association. Lessons This is yet another reminder to all policyholders that they should be reviewing their full policies at inception and at every renewal to know what language, duties, limits, and exclusions their policy contains. I always say, "Your policy is a contract. Treat it like one!" Most people would not sign a contract without at least reading it, first. The same should be true for your property policy, which is a contract. For Minnesota policyholders, we provide complimentary property policy reviews. The fact that this anti-public adjuster language is being added to policies at all, and with increasing frequency raises the question: why would an insurance company attempt to block it's own customer from hiring professional assistance for a property claim? I would love to hear a public statement from an insurer that has a version of this clause in one or more of their policies, regarding the matter. Update 3/1/23: This directive was appealed by a surplus lines insurer and ordered invalid. Read more here. Thank you, Commissioner Donelon!
- 🚫 They’re Back: Anti-Public Insurance Adjuster Endorsements in Louisiana
Why care? Well, a very-big-someone cared enough to file an appeal to invalidate the directive that banned these endorsements. So, maybe, you should pay attention... Louisiana property policyholders have suffered enough: Five devastating hurricanes and two tropical storms, since 2020 Insurance companies failing (insolvent) at record rates State bailout fund created for relief suffers under record lawsuits Record premium increases, estimated to jump up 63% in 2023 Policyholders resorting to fighting wrongful insurance claim denials by using TikTok Unusual insurance industry drama involving hundreds of lawsuits filed by one law firm And (unfortunately) more. So, what now? Among many sweeping measures intended to protect policyholders in the aftermath of events of the last few years, on January 24, 2022, James J. Donelon, Commissioner of the Louisiana Department of Insurance (LDI), issued a directive. This directive—Directive 219—barred insurers from use of specific language in property insurance policies. Specifically, something called Anti-Public Insurance Adjuster endorsements. A "surplus lines insurer" did not take too kindly to this action, and filed an appeal, which resulted in an order rendering Directive 219 invalid, on August 23rd, 2022. Most readers of this blog will understand what the phrase Anti-Public Insurance Adjuster endorsements means. For those that don't, here is some background, and why this may matter to you: Most property insurance is regulated at state level, although some insurance, such as flood, is federally-regulated. A state insurance commissioner is a public service official that regulates insurance, with a focus on consumer protection, while balancing healthy insurance commerce. According to the National Association of Public Insurance Adjusters, public insurance adjusters are "experts on property loss adjustment who are retained by policyholders to assist in preparing, filing and adjusting insurance claims. Employed exclusively by a policyholder who has sustained an insured loss, these professionals manage every detail of the claim, working closely with the insured to provide the most equitable and prompt settlement possible[...]" Public insurance adjusters are currently licensed (or, at least regulated/registered) in 46 of the 50 states in the US (some form of public insurance adjusters are also regulated in Canada, the UK, and other countries around the world). An endorsement is a form added to a property policy, that contains language that modifies (adds, changes, or takes away) coverage. In summary, anti-public insurance adjuster endorsements is language added to a policy, by an insurance company, that seek to bar a policyholder from hiring a public insurance adjuster to (depending on each state's regulations) represent them, or assist them with, an insured property loss. To quote the LDI's now-invalid directive: "It has come to the attention of the Louisiana Department of Insurance that some insurers are attempting to prohibit the use of public adjusters by insureds in their policy provisions by endorsements to their policies. The anti-public adjuster clauses attempt to prohibit insureds from hiring, engaging, retaining, contracting with, or otherwise utilizing the services of a public adjuster. The prohibition contained in these endorsements or any other policy provision directly contravenes La. R.S. 22: 1704(E)(2), which grants insureds the right to hire a public adjuster." Okay. So, again, why should I care? A state insurance commissioner decided to issue Directive 219, in the interest of the public. So, using critical thinking concepts, the question we might ask first, is: Why did someone care enough to file an appeal to block this directive? Does the appealing party feel that public insurance adjusters are such a blight, that they must be banned from the inception of the policy, before a loss ever happens? Do they feel that public insurance adjusters are bad for policyholders, bad for insurance companies, or both? Well, the information I have at my disposal, citing an appeal by a "surplus lines insurer", does not answer my questions. Only: "[...]Appellant claimed it is aggrieved by the Directive. [...] Appellant argued that Directive 219 is inconsistent with Louisiana law." I'm not an attorney, so I can't comment on what that might mean (perhaps one will kindly provide us with some general insight, in the comments below). Concerningly, anti-public insurance adjuster endorsements are popping up in states across the country. Since the public insurance adjusting profession has existed, and represented policyholders since at least the 1940s—and some purport that they may have preceded insurance company adjusters—why have these endorsements been popping up, all of a sudden? I'm sure that time, will tell. So, what can I do about it? Well, probably not much at the current moment. But, I do have a constructive suggestion, that will help everyone in the future. “Don’t judge each day by the harvest you reap but by the seeds you plant.” — Robert Louis Stevenson As with all relationships, even the sometimes interesting ones highlighted in this article, it takes two to tango, as they say. Meaning, seek to first control what you can control: yourself, including your time, energy, and charity. Every property insurance industry professional, of any kind, might consider these tips: Never engage in property insurance fraud, whether that be insurer fraud against a policyholder, or insurance fraud against an insurer. In day-to-day claims handling, treat others with respect, even when you may disagree. Don't ascribe to, nor blindly spread broad rhetoric from any source, but instead seek facts, to form your own, balanced narrative. Seek quality, professional education from many sources, not just company-provided education. Consider joining a professional association (or, supporting one as a sponsor), to take an active role in shaping balanced and positive legislation. For public insurance adjusters, there are many state, regional, and national options, including: National Association of Public Insurance Adjusters American Association of Public Insurance Adjusters Consider supporting one or more policyholder advocacy nonprofits, as a sponsor, volunteer, yearly or monthly donor, and/or member. A thoughtful (tax-deductible!) donation of even $5/month can a difference for nonprofit organizations that are protecting policyholder rights, some for over 30 years. Here's a few that I'm a big fan of: United Policyholders American Policyholder Association United Survivor Disaster Relief Encourage talented and ethical colleagues to consider entering any profession in insurance... As our seasoned and valued insurance agents, underwriters, staff and independent adjusters, and other insurance professionals start to retire (or be replaced by new tech and AI), we don't have enough passionate professionals entering the profession to replace them. What do you think about all of this? I'd love to know, in the comments. Download the order invalidating Directive 219, here: Update 3/2/23: read Chip Merlin, Esq.'s article on the matter, at the Property Insurance Coverage Law blog. ✌🏾 Be well,
- ⚕️Insider Tips: Making the Most of Your Health Insurance, as an Entrepreneur or Freelancer
Navigating health insurance can be overwhelming, even as a property claims professional. Justis Wilson of Live Well Health Consulting, provides tips and best practices to consider. Disclaimer: this article does not constitute legal or insuring advice, and is for general information purposes only. Nothing in the Website is intended to be a substitute for formal legal advice and should not be relied upon as such. Read our full site Disclaimer here. As a freelancer or small business, it can be difficult to stay afloat in today's economy and compete with larger companies, making health insurance an added expense that can feel overwhelming and something that often falls on the back burner. However, health insurance is an important factor to consider when compiling your budget that ensures the hard work you’ve spent building your business isn’t ruined by a surprise trip to the hospital. The good news is, there are various options available to suit freelancers and small businesses depending on your particular needs. In this blog post, you'll learn about the various health insurance options available for freelancers and small businesses, including how to choose the right plan. You'll also get insider tips on making the most of your health benefits and tips for saving on health insurance premiums. Read on to learn more about health insurance for freelancers and small companies. Do I really need it? With rising premium and out of pocket prices, it’s easy to just throw up your hands and say “what’s the point?” Trust me, I get it. I certainly understand that spending the $150 cash once a year for your annual physical seems more appealing than paying premiums every month, but health insurance is possibly one of the most important financial protections you could have for your business. While it’s nice to get some benefits like cheaper doctor visits or free lab work with your plans, the real value of health insurance is the peace of mind: that the possibly bankrupting incidences that are bound to happen in your life, will be financially insignificant (or at least manageable). Furthermore, health insurance can provide access to preventative and primary care services, which can help freelancers and small companies maintain good health and reduce long-term medical costs. The real and the... Not so real Now that we’ve established that you do, in fact, need to consider health insurance, let’s learn how to sift out the plans that will actually fit your, and your company's needs. Luckily, this is much simpler than it looks! Essentially, you need to ask three questions to ensure you’ve got the right stuff: Do I have a solid "max out of pocket"? This essentially just means that no matter what happens or how expensive those medical bills get, you will never pay more than “x” in a single year. Do I have an unlimited "max benefit"? This ensures that you will never be capped on your benefits and guarantees that the insurance company will never throw in the towel because your bills started getting expensive. Lastly, do I have "upfront underwriting" (if any at all)? This one basically just means, if you get approved for a plan they will NOT go searching for a reason not to pay a claim. If you ever hear the terms “point of claim underwriting,” or "post-claim underwriting," turn and run. This essentially means they will let you into the plan, but will have the right and the opportunity to look for any reason they can to tie your claim to pre-existing conditions to get out of paying. So what do I consider going with? Well this one is a bit more complicated. If having “real” insurance is important to you, you essentially have three places you can find health insurance, each having their own strengths and weaknesses. EMPLOYER SPONSORED PLAN First of your three options would be through an employer sponsored plan. I understand most people reading this are self-employed and don’t have such luxuries, but if you do, consider yourself lucky! These are plans that will most likely cover any pre-existing condition you have and are heavily regulated so you know they are at least dependable. The only real downsides to this option are that the premiums tend to get a bit pricey when adding a family and the limited options offered may not be custom tailored to your needs. THE MARKETPLACE The next option is something most people are familiar with: the marketplace. You may have heard this called “ACA insurance” or “Obamacare” but it’s all the same thing. Marketplace plans are great options if you are dealing with pre-existing conditions, simply because there are absolutely no pre-existing limitations. These are also especially useful if you are on the lower end of the income spectrum due to their income based subsidy programs. However, if you ARE doing well financially, these are some of the more expensive plans out there. The biggest flaw in marketplace plans is typically their limited networks; with only HMOs and EPOs, your availability of care is limited and you will not have much in the way of coverage when you leave your home county. UNDERWRITTEN COVERAGE The last “real" option out there is underwritten coverage. I like to equate these to a country club; they’re very hard to get into but have some great benefits for those that are able to. These plans are designed to keep healthy people in and the not so healthy people out. For those that can get in, they get to enjoy lower premiums, lower out of pockets, and (most importantly) access to the best nationwide PPO (Preferred Provider Organization) networks available. Now I don’t want to make these seem like they’re all sunshine and rainbows because they DO have two major downsides. They will not cover anything maternity related or mental health related, but if that’s not a concern of yours, these are great options to save some money and get into great nationwide coverage. Final Thoughts If you take nothing else from this, know these two things: No matter what your situation is, there is a plan that will work for you. Finding a knowledgeable, trustworthy agent is very helpful in selecting the right plan for you and your family. If you need anything at all, my team of specialists and I are more than happy to help in any way possible! We can be reached at (325) 439-0651 or by email at livewellhealthtx@outlook.com. -Justis About the Author: Coming from a small town in West Texas, Justis has always been taught that the first rule of business is to make the client his first priority. Justis and his team of healthcare agents take the time to have a real conversation with each client, in order to find them the best options available to fit their needs and budget. Servicing the following states (as of 1/25/23): Texas, Oklahoma, Mississippi, Florida, Georgia, Kansas, Missouri, Alabama, North Carolina, South Carolina, Kentucky, Tennessee, Illinois, Indiana, Ohio, and Colorado.
- 🤳🏽 Virtual Mobile Inspections for Property Claims: Boon, or Detriment?
As the insurance industry becomes more digitized, companies are looking for new ways to streamline the claims process. Mobile technology is playing a big role in this transformation. Table of Contents OK, Sarah: what’s the story? The good The bad The ugly J.D. Power: Customer Satisfaction with Digital Claims Declines Again (12/21/22 update) A guide to performing mobile inspections OK, Sarah: what’s the story? When you file a property claim with your insurer, your insurance company will typically send out a person to perform an initial damage inspection. This person could be an insurance company employee (staff adjuster, or claims representative) or a 3rd-party insurance company representative or contracted expert (independent adjuster, or other professional). While in-person inspections are the still norm, remote video inspections—often called virtual, or mobile inspections—are becoming more common. Is this a good thing, or a bad thing for you, and other policyholders? Well, it can be both! Let's take a look at some of the possible variables. The good I'm a huge fan of the use of technology, where it ethically serves humans, and the Greater Good. Cost-savings, environmental relief, reduced stress for humans... There are many, many ways in which improvements in technology—especially Artificial Intelligence (AI) and automation—can improve your personal and business lives. This includes where these two spheres of professional and personal matters intersect: within property claims. The claims department is a service department. It siphons money out of the company, rather than in. As a practical matter of business, ensuring that this department is streamlined (while still providing excellent service to policyholders and other claimants, and keeping with compliance), is of great importance. There are newly-emerging, professional standards for remote video inspections, specifically. These come in the form of published guidelines from a few of the many not-for-profit code, certification, and testing standards organizations like the International Code Council (ICC), and NFPA 915. This is good news, as insurance companies have a monumental task at hand, when it comes to running efficient claim departments. Published guidelines may help insurance companies reduce the burden of researching, creating, implementing, and auditing standards such as these. In general, the following are just a few examples of what improved technology within claims might result in, when used ethically and responsibly: Faster response and communication times Improved methods, types, and volumes of documentation and data Reduced operating costs Meeting legal compliance and company KPIs Less manual tasks, which could result in less data entry errors, and less stress on employees, vendors, and claimants/policyholders Now, the key, guiding principles here are “ethically and responsibly”. With this in your mind, let's now look at what happens when these two principles are seemingly not guiding the process. The bad In all its forms, technology relies upon humans to create a standard, or threshold. For specialized technology like AI, it requires prompts and a starting dataset to work, operate, and eventually learn from. When these technology standards are set, the humans creating and curating this information must take great care to ensure that their myriad cognitive and other bias' are not inadvertently included, as well as other "human" factors or errors. This can help ensure that the technology is more helpful, than detrimental, for its end purpose. Within claims, the technology used for property inspections can be as simple as using your mobile phone's camera, as complex as a drone using an artificial intelligence software to detect probable damage anomalies, or as revolutionary as immersive telepresence technology; whatever that means (I read this term in a sales brochure, written for property insurance and real estate applications. It is beautifully, yet ambiguously worded. I assume that it means Matterport's and other companies' interactive 3D model mapping). While mobile inspections can streamline and introduce some possible improvements to the inspection process, there are also risks introduced, and related possible detriments to accurate loss scoping. Here are just a few of my initial thoughts on that: How accurate is the visual or measurement technology being used? Is this accuracy impacted by the technology, insurance, and/or construction knowledge (or lack thereof) of the user? Who determines what is inspected, and what is not? When creating these guidelines, are the parties involved qualified in loss investigation for the loss and property type, and common construction practices for each locale? How lenient are each carrier's mobile/virtual inspection guidelines, when it comes to deviating from the guidelines, and/or discovering possible errors and unintentionally omitted information? What about types of damage that may be hidden, such as in cases with water or fire damage? What information is assumed about the loss by the claims representative, when the policyholder is guided through an inspection? I'm sure you could add more to this list. Until the end of the article, where you'll have a chance to share your thoughts, let's move on to what (probably) should be your biggest concern. The ugly Humans still need to use common sense (or, human sense, as it were), when it comes to observing, reviewing, and appropriately intervening with technology and processes, as necessary. What inspired me to write this article, was that someone from Arkansas, called me in Minnesota, to tell me about a then-recent mobile inspection. This was for an exterior hail loss to a residential property, and performed with a mobile phone, and an app that the remote insurance company representative asked the policyholder to download. During this mobile inspection, the claims representative allegedly instructed the policyholder to review specific things from a checklist. According to the direct account I received, when the policyholder brought up loss facts that deviated from the checklist, the claims representative at first refused to document them. Apparently, when the policyholder insisted on a thorough inspection, and that the claims representative record the information they wanted to provide to them about their loss, the claims representative then said they would have to perform an in-person inspection. They said that the insurance company would now send out an inspector to look at the damage, in-person. Overall, I'm certain that mobile inspections can, and will be effective for some property claims. Where only specific or preliminary, and/or small details need to be documented—without the need to test, sample, smell, hear, account for visual variables like light variations, or detect hidden damage—I feel that this will be especially helpful. Customer Satisfaction with Digital Claims Declines Again: J.D. Power The Insurance Journal published an article titled, Customer Satisfaction with Digital Claims Declines Again: J.D. Power, on December 21, 2022. Here is an excerpt: Customer satisfaction with insurers’ digital claims systems declined for the second consecutive year, according to a J.D. Power survey of auto and home policyholders. The results of this survey is concerning. Many states continue pass laws allowing virtual inspections to be performed, in lieu of an in-person inspection, for everything from building official inspections, to property insurance. For property insurance, my hope is that the use of technology will be used not just for cost-savings, but to truly improve the process and experience for policyholders. However, no policyholder would be in charge of how an insurer chooses to implement digital claims technology, and the feedback is clear: the current digital claims handling processes for some claims, are at detriment to customer/claimant experience. Guide to Mobile/Virtual Inspections Read my full Guest Blog article about these types of inspections, and get specific guidance, at policyholder nonprofit, United Policyholders’ website: Have you ever participated in a virtual mobile property inspection? Tell us about your experience, in the comments below! Thank you for reading,
- 📑 What is a Declarations Page, and How do I Read it?
(🎮 #interactivelearning) Learn why “dec. pages” for Commercial, Homeowners, Townhome/HOA, and other property policies are important to you! Your property policy starts with your Declarations Page In this article, you'll learn about something called a Declarations Page, which are a section of property policies. I know... At this point, you may be thinking: But trust me: making the effort to be an informed insurance consumer is important. I see the results of coverage gaps, and underinsurance every day, in my work as a public insurance adjuster. Now that you know the importance of the topic, let's first look at the basics of an insurance contract, commonly known as an insurance policy. Yes, your insurance policy is a contract. Treat it like one! Would you agree that it's probably a good idea to read, and review a contract, before you sign it? Well, many people have never read their Homeowners, Commercial, or Businessowners policies, and those are all contracts. Today, is a great day to start that habit! Explore this interactive mockup of a Homeowners Declarations Page! DISCLAIMER This is for general informational purposes only, and is not legal or insuring advice! This is a simplified mockup of a fictitious Homeowners insurance declarations page, and does not contain every variable your property policies' declarations pages might have. Every declarations page can look different, and be structured in different ways, depending on the type of property insurance, the insurance company, your chosen coverages, and more. For for your own property insurance, be sure to connect with your licensed insurance agent or broker if you have specific questions about your declarations page and/or policy. Looking for more resources?
- ❄️ Are You Ready for Winter? Your Property Claim May Not Be...
Claims have deadlines. Read this article to learn why, and what to do if you have an upcoming claim deadline. If you have an active property claim for your home, townhome or homeowners association, business, or other commercial property, it's a good idea review your policy yourself, or by a professional, to determine what deadlines your policy contains. You may not know this, but policy deadlines can come in many different flavors: Recoverable depreciation deadline Loss reporting deadline Additional Living Expenses (ALE) or Business Interruption (BI) And more Long and inclement winters in Northern states can make some exterior property inspections and/or or repairs impossible or difficult, until the next spring. With this in mind, it is important to secure any necessary claim extensions (in writing, s'il vous plaît!) with your insurance company, as soon as possible. For many claim deadlines, a policyholder or their public insurance adjuster may request and obtain them, but for some specific types of claim deadlines, an attorney's assistance may be required. Below are some of the shortest repair or replacement deadlines from different Homeowners and Commercial property policies we have seen in Minnesota: "To obtain the Recoverable Depreciation for the claim you (the policyholder) must repair or replace the damaged property..." Within 180 days from the date of loss Within 180 days from the first (or last) Actual Cash Value payment Within 1 year from the date of loss There are more! Not sure what any of this means? It's alright, not everyone handles insurance claims every day (or enjoys it) like I do. If you're a policyholder of a Minnesota property, we're here for you! My team and I are standing by to answer any claim questions you might have. ☕ Warmly yours,
- 💔 Are You OK? The Silent Burden of Property Insurance Claims
“Eventually, we lose a certain spark of optimism, humor and hope. We tire. We aren’t sick, but we aren’t ourselves.” ⚠️ Trigger warning Death, suicide, and violence are mentioned in brief detail, in relation to property insurance claims Images of heavily-damaged homes and personal property Table of Contents An Introduction The Basics of Compassion Fatigue The Professionals Weigh In Resources to Prevent and Treat Compassion Fatigue Final Thoughts An Introduction “We feel the feelings of our clients. We experience their fears. We dream their dreams. Eventually, we lose a certain spark of optimism, humor and hope. We tire. We aren’t sick, but we aren’t ourselves.” – C. Figley, 1995 “I wasn't prepared, for that.” I routinely see a certain level of property loss and destruction in my work as a public insurance adjuster, and in my volunteering for policyholder advocacy. Thankfully, I have formal training in compassion management, from my time in non-profit crisis outreach. However, even with my years of formal training, experience, and exposure to extreme situations and emotional losses, nothing prepared me for the photo, below. If you regularly read or watch the news, you'll likely have seen hundreds of disaster photos like this over the years: But you may not have seen one quite like this. Look at the picture again, focusing on the left of the home. You may not have noticed this before, but there is an elderly gentleman standing in the corner. Doug Quinn, director of the United Survivor Disaster Relief, and the American Policyholder Association, took this photo while on deployment for disaster victim outreach with long-time partner and fellow disaster victim and policyholder advocate, Heather Shapter, in late 2021: “Took this picture down the bayou. House is elevated for a flood, but that doesn’t help for wind. Two walls and all their belonings are gone. We saw many houses like this, some even worse. I didn’t realize until looking at the picture last night that there was an actual person in the house standing on the left side. I don’t notice him because he was frozen in place. This elderly man is probably in shock. Looking at what’s left of his house & belongings, trying to grasp what happened & how does he possibly move forward from here? I know this feeling well, I’ve been there. But it’s different for seniors… Young people can lose everything & shrug it off knowing that they have the rest of their life to get it all back again. What do you do when you’re 70 & don’t have decades of income producing years ahead of you to recover? What do you do when everything you’ve spent your life accumulating vanishes in the wind…your pictures, sentimental keepsakes, family heirlooms? All gone.” Update, 11/1/22: Read more about Doug and Heather's nonprofit disaster victim outreach. Imagine how this could affect you if you were exposed to this, regularly, and weren't even aware of the possible psychological effects! Even if you are not a first party property insurance professional, you likely have experienced something similar, just having gone through the tumultuous, worldwide events of the last three years, triggered by COVID-19. If you are not familiar with the property insurance industry, here are just a few examples of common losses and stressors that insurance adjusters, contractors, and other professionals may encounter: It is common in large or catastrophic residential fire losses for beloved family pets to perish, and in some cases, there is loss of human life In the case of pets that didn’t make it out with the family, you will almost always see the outline of the family's pet (usually a dog or cat) on the floor or carpet. Individuals that are 85 and older are at most risk of fire death, and are the most common demographic of fire death victims that I’ve seen in my work, although I have encountered fire deaths involving small children. Biohazards within property claims Every day, there are professionals that cleanup and mitigate, or visually document and adjust property damage claims involving natural death, suicide, or other violence or accidents, that resulted in loss of life for humans and/or animals. Further details of which, I will spare you of. Insurance company staff and independent adjusters may experience an overload of assigned claims and policyholder clients The claims department is a service department. While a positive claim experience can certainly contribute to policyholder retention and referrals, it does not directly make an insurance company any money. Before the COVID-19 pandemic, insurers were looking to modernize their claims processes to save on operating costs through automation and digitization, and many large insurers were laying off employees. As insurance companies look to further digitize the claims process by utilizing Artificial Intelligence (AI) within the claims process, and focus on Business Process Outsourcing (BPO) to reduce claim servicing costs, this will inevitably lead to less humans being involved in the claims process. This means that disputes or claim issues that are required to be escalated past automation and AI will likely be placed on a relatively few individuals' shoulders. Insurance claim dispute resolution and legal proceedings By its nature, dispute resolution can be negative or combative. Negativity bias—and other affects of repeated exposure to negative environments—can coexist with, and contribute to, compassion fatigue. Public adjusters and contractors come in contact with large numbers of policyholders that often do not have the knowledge or the ability to effectively advocate for themselves within an insurance claim. This burden is then transferred by proxy to the professionals working for the policyholder. Insurance company adjusters can also bear this burden, as well as attorneys. Severe injury or death for professionals on hazardous loss sites, most commonly falling through, or off, roofs Inspecting damaged structures for claims can be dangerous work. At least a few times each year, I see charitable campaigns on social media and networking sites for adjusters and restoration contractors that have fallen off/through a roof. In these cases, it's typically to pay for health care expenses if they have been severely or gravely injured (and at times permanently disabled in some way). Sometimes, it may be for funeral expenses. Often a spouse and children are pictured in the social media posts. This tragic scenario happens more often than the general public may be aware of. When I am on loss inspections with insurance company adjusters and restoration contractors, we all take great care to look out for each other, for safety considerations. We are careful to make sure that conditions are safe before climbing roofs, or entering unstable structures. Insurance professionals are face to face with many types of property losses, every day. However, many do not realize that they are also exposed to emotional losses, vicariously. Now that we've covered a few scenarios of where, when, and who compassion fatigue might affect in the first party property claim industry, we will take a look at the definition, and symptoms of compassion fatigue. The Basics of Compassion Fatigue The American Institute of Stress explains compassion fatigue in detail: Also called vicarious traumatization or, secondary traumatization (Figley, 1995). The emotional residue or strain of exposure to working with those suffering from the consequences of traumatic events. It differs from burn-out, but can co-exist. Compassion fatigue can occur due to exposure on one case or can be due to a “cumulative” level of trauma. Dr. Charles Ray Figley, founder of the Tulane University Traumatology Institute, coined the term compassion fatigue during his research into trauma in the 1980s. Compassion fatigue has been documented among social workers, first responders such as firefighters, law enforcement, and paramedics/EMTs, caregivers, disaster victims, and more. According to Dr. Figley, “The most insidious aspect of compassion fatigue is that it attacks the very core of what brings helpers into this work: their empathy and compassion for others.” Symptoms of Compassion Fatigue Affects many dimensions of your well-being Nervous system arousal (Sleep disturbance) Emotional intensity increases Cognitive ability decreases Behavior and judgment impaired Isolation and loss of morale Depression and PTSD (potentiate) Loss of self-worth and emotional modulation Identity, worldview, and spirituality impacted Beliefs and psychological needs-safety, trust, esteem, intimacy, and control Loss of hope and meaning=existential despair Anger toward perpetrators or causal events The American Bar Association has recognized compassion fatigue as affecting those working in the legal field, resulting in symptoms such as substance abuse as a coping mechanism. This is supported by a study completed in 2016, titled “The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys”. Considering the vicarious nature of compassion fatigue, it is (in my unscholarly, lay opinion) of paramount importance for individuals that may be affected by this to treat this if it occurs, in order to attempt to avoid it affecting those closest to them. This excerpt from the book Treating Compassion Fatigue (Routledge Psychosocial Stress Series) by Dr. Figley, explains my sentiments: “A recent book focused on both the secondary traumatic stress and burnout found among modern families (Figley, 1997). Among the conclusions were these: that families both breed and destroy stress among their members and that PTSD spreads in families like a virus unless they have ways to cope.” The Professionals Weigh In Curious to see if other professionals in my industry had experienced and/or recognized the prevalence of this in our work, I decided to ask a handful of them about their thoughts on the subject. I had the great pleasure of meeting with Bill Wilson of InsuranceCommentary.com, and author of When Words Collide via video conference last week. After I asked him about this topic, he gave a brief and thoughtful pause, and started with this: “We often don't understand the emotional impact of claims." —Bill Wilson Bill emphasized that property insurance and claims are serious business. He highlighted how the humor often used in insurance company adverts is in stark contrast to the momentous function of property insurance: people losing what matters to them the most, and helping them to financially recover from it, to some extent. During my most recent podcast guest appearance, similar sentiments were echoed by the podcast's guests, as well as the hosts, Remington Huggins, Esq. of Huggins Law Firm, and Mathew Mulholland of the National Claims Institute. “People get burnt out in this job pretty easily, [...] after a major event or something catastrophic [...]. Just being told no over, and over again has an effect on your psyche.” —Mathew Mulholland I interviewed other property insurance professionals about their thoughts on the matter, in depth: Angela Henderson, CLMP, Public Insurance Adjuster and past Independent Adjuster, The Green PA, Ohio Doug Quinn, Non-Profit Policyholder Advocate, United Survivors Disaster Relief and American Policyholder Association, New Jersey Olivia Marraccino, Contents Specialist and Public Insurance Adjuster in training, Digitory Claims, New Jersey Caeden Tinklenberg, Public Insurance Adjuster, Swift Public Adjusters, Nebraska Resources to Prevent and Treat Compassion Fatigue Great tips from the Tulane University School of Social Work: How to Address Compassion Fatigue. Noticing, addressing, and managing compassion fatigue in social workers and other trauma specialists is important. Strategies for preventing and treating compassion fatigue follow. Prevention Individuals and organizations can use preventive strategies to reduce the severity of compassion fatigue. These include: Work-life balance Individuals should make sure they are spending enough time doing leisure activities or connecting with people they care about. Assertiveness training Organizations can teach those susceptible to compassion fatigue how to set boundaries — that is, when and how to say no to activities that would add stress to an individual’s personal or professional life, making the person feel overextended and inhibiting his or her ability to provide quality care. Coping skills Individuals can apply coping strategies, including meditation, discussing issues and feelings with colleagues or friends, or adjusting their expectations for themselves or others. Creative expression Writing, painting, playing an instrument, or practicing other creative arts as an outlet for emotions is a powerful tool. Nutrition Eating well, staying hydrated, and avoiding too much alcohol, sugar, and caffeine can help individuals reduce anxiety and fatigue, as well as maintain a positive outlook. Treatment Compassion fatigue can be treated. Some common methods include: Journaling Writing down thoughts, emotions, and frustrations can help individuals manage negative feelings and focus on the positive aspects of their work. Support groups Joining a support group can put those with compassion fatigue in touch with others who have experienced the condition firsthand. Talking through feelings and connecting with others who have shared similar experiences can be a useful coping mechanism. Counseling The perspective of another professional can help individuals suffering from compassion fatigue develop new ways of coping or implement new treatment methods. Self-care People with compassion fatigue can refocus by creating better boundaries and making more time for meaningful personal pursuits. Self-care looks different for each person, but many find activities such as exercise, reading, or spending time with friends or family effective means of decompressing. Other Resources Final Thoughts I welcome you—and every reader—to provide your solutions, stories, and words of encouragement at the comments section below, for anyone that might need it. Please share this article with anyone that you think could benefit, if not least the Resources section. Thank you to all of the contributors to this article. As with the topic in general, it is not meant to be addressed alone, but together. Thank you for reading, and be well. ❤️